20071723 Ver 1_Notice of Violation_20071025

O~O~ W A T ~R~G
O `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 25, 2007
CERTIFIED MAIL
Return Receipt Requested
7007 0710 0005 2882 1783
7007 0710 0005 2882 1790
Dr. Allen Romeo
1512 Avondale Dr.
Statesville, NC 28625
Mr. Larry Birchfield
Birchfield Log Homes
P.O. Box 400
Nebo, NC 28761
Subject: Notice of Violation
Coleen H. Sullins, Director
Division of Water Quality
aTF t~~-11 a3
NCGS 143-214.1
Incident #200703110
NOV-2007-OP-0030
Catawba Riparian Buffer Rule
97 Mountain Aire Dr., Lake Hickory
Alexander County, NC
Dear Dr. Romeo/Mr. Birchfield:
On October 16, 2007 this office received your application for a shoreline stabilization
project at the subject site. The photo submitted with the application showed that the entirety of
the buffer had been cleared of all vegetation along approximately 75 ft. of shoreline at the site.
On October 24, 2007, Mr. Alan Johnson of this Office, verified the impact. Based on his
observations, this letter is being issued as a Notice of Violation for violation of the Rule (15A
NCAC 2B. 0243) pursuant to North Carolina General Statute 143-214.1.
Be advised that the Division of Water Quality (DWQ) requires that approval be obtained
prior to conducting land disturbing activities in the 50 ft. buffer. The clearing and disturbance in
Zone 1 and Zone 2 that was observed at the site is not allowed under the current regulation.
The buffer must be restored to its original state. Sixteen (16) native specie trees, 2 inch in
diameter, 8 ft. in height, shall be planted in Zone 1 of the buffer. Zone 1 consists of the first 30
feet from the full pond elevation of the lake. In Zone 2 (the remaining 20 ft), at minimum, grass
must be planted. Failure to restore the area by December 15, 2007 may result in additional
enforcement action.
Be advised that North Carolina General Statutes provide for civil penalties of up to
$25,000 per day, per violation, as well as criminal penalties for violation of state environmental
laws and regulations. No`hcarolina
~atrrra!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 I S Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Page 2
If you have an explanation for the noted violation that you wish to present, please respond
in writing within fifteen (15) days following the receipt of this notice. Your explanation will be
reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration. Please address
your response to the attention of Mr. Johnson.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
Sincerely,
i (~ ~s ~-
Robert Krebs
Surface Water Protection
Regional Supervisor
cc: Amy Chapman, DWQ, Wetlands Unit
Central File