20240411 Ver 1_NOV - Fox - 371 Camino Real.docx

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr./Mrs. Lance Fox
371 Camino Real Rd.
Mooresville, NC 28117
Mr./Mrs. Fox:
NORTH CAROLINA
Environmental Quality
November 2, 2022
Subject: Notice of Violation
Catawba Riparian Buffer Rule
401 Water Quality Certification
NOV-2022-PC-0685
371 Camino Real Rd., Mooresville
Iredell County
On October 27, 2022, this office was provided information from Duke Lake Management that
there were unauthorized impacts to the Catawba Riparian Buffer and fill in waters of the state at
the subject site. A review of the photos submitted by Joe Klutz during Duke's site visit indicate
both impacts to the buffer and fill in the lake. The impact observed within Zone 1 of the Catawba
Riparian Buffer (15A NCAC 02B .0243) is not allowed nor is the fill (15A NCAC 02H .0500)
placed in the lake. Based on the information and photos provided of the site, this correspondence
is being issued as a Notice of Violation for the unapproved impacts to the buffer and lake fill.
Required Corrective Action:
1) All fill material in the buffer and lake shall be removed and the site restored back to its
original state prior to the impact (photo provided)
2) Tree Planting/buffer restoration:
Three trees shall be planted to replace the approximately 30" diameter tree that
was removed. The trees shall be a selection of native species trees, a minimum
of three inches (Y) in diameter at breast height, ten (10) feet in height, and
shall be planted in such a way as to be dispersed throughout the open area within
Zone 1 of the buffer.
3) The work and trees shall be planted by December 15, 2022, and shall be monitored for
a growing season. Should they fail to thrive, they shall be replaced as required. Photos
shall be submitted upon planting and again in the fall of 2023, prior to leaf fall.
4) The sediment and erosion control barrier/silt fence should be installed along the 30 ft.
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`yy Carolina Department of Environmental Quality I Division of Water Resources
/ 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NCRTH CARQLINA 919.707.9000
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boundary of Zone 1 and be maintained until the site is stable.
If you have an explanation or any information/documentation related to the noted violation that
you wish to present, please respond in writing within fifteen (15) days of receipt of this Notice.
Your response should address a timeline and a plan of action to achieve compliance.
Please note that pursuant to G.S. 143-215.6A these violations and any future violations are subject
to civil penalty assessments of up to $25,000.00 per day for each violation. Failure to plant the
trees by the stated date may bring further enforcement actions.
It is requested that Duke Lake Management and Iredell County hold any permits/approvals for
this site until the matter is resolved.
Thank you for your attention to this matter. Should you have any questions regarding these matters,
contact Mr. Alan Johnson at alan.johnson e,ncdenr.gov or [phone].
Sincerely,
DocuSigned by:
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Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Joe Kluttz III/Chad Broadway, Duke Lake Mgt., email
Shelton Sullivan — Compliance/Enforcement
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Site prior to impact
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTR CAROI-1ivA 919.707.9000
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