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HomeMy WebLinkAboutDWR# 20240445_Email discussing buffer violation Good morning all, My colleague Michael Burkhard and I visited the site on April 30, 2024, to investigate concerns of potential buffer violations after noting construction of an inground pool within the 50-foot buffer (Zone 2) during the shoreline stabilization file review for the above mentioned project. It has since been determined that this activity is deemed allowable in Zone 2 as the property was platted prior to the adoption of the buffer rules. However, all properties are still subject to respecting an undisturbed 30 foot buffer (known as Zone 1). Any work that should commence in Zone 1 of the buffer must have proper and prior authorization. While onsite, it was noted that there were disturbances occurring in Zone 1 of the buffer without prior authorization to do so. Please respond to this email with an explanation of the nature of the work causing this disturbance in detail. The mitigation of these impacts will need to be addressed prior to receiving any approval for further impacts to the shoreline and /or buffer. I have attached an image displaying this disturbance for your review. In order for DWR to complete our review, please provide the information within 30 days of receipt of this email. Please note that DWR will consider the project on hold until receipt of the information. Should you have any questions, please reach out. Devynne Brown Environmental Specialist Water Quality Regional Operations Section Division of Water Resources Mobile: (704)-430-8834 Office: (704)-235-2200 610 East Center Avenue Suite 301 Mooresville, NC 28115 ________________________________ From: TAMARA HAGER <hager@lakepermit.com> Sent: Thursday, May 9, 2024 6:18 PM To: Hoy, Amie <amie.hoy@deq.nc.gov> Cc: Justin.r.busby@gmail.com <Justin.r.busby@gmail.com>; Burkhard, Michael <michael.burkhard@deq.nc.gov>; Brown, Devynne M <devynne.brown@deq.nc.gov> Subject: [External] Re: DWR# 20240445 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Thank you Amie Can you please issue the shoreline permit. Lake Permit LLC Tamara Hager (704)575-2227 hager@lakepermit.com The information contained in this message is confidential and is intended solely for the recipient(s) identified above. If you are not the intended recipient or there are any problems, please notify the sender immediately. The unauthorized use, disclosure, or copying of this message is strictly forbidden any may subject you to legal action . On May 9, 2024, at 11:14 AM, Hoy, Amie <amie.hoy@deq.nc.gov> wrote: Good morning, After my review of the above-mentioned project, I have determined that I can permit the shoreline stabilization. However, I will not allow for the tree that remains to be removed. You may not begin any work until you receive this permit from DWR and approval from all other entities After a site visit by Michael Burkhard and Devynne Brown on April 30, 2024, they informed me that the pool had already been constructed and completed inside the 50’ buffer. Michael also completed a site visit in February as a request from the landowner to remove two trees in the buffer. Michael gave approval to remove the tree closest to the dock, which upon their visit on April 30, 2024, the tree had been removed. Michael did not give approval for the other tree to be removed. Therefore, no other trees in the buffer shall be removed. Michael and Devynne informed me that landscaping and irrigation system work is still being done towards the lake. Please reread the Catawba Buffer Basin Rules to ensure that you are in compliance. 15A NCAC 02B .0614<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Freports.oah.state.nc.us%2Fncac%2Ftitle%252015a%2520-%2520environmental%2520quality%2Fchapter%252002%2520-%2520envir onmental%2520management%2Fsubchapter%2520b%2F15a%2520ncac%252002b%2520.0614.pdf&data=05%7C02%7Cdevynne.brown%40deq.nc.gov%7Cfd9d2088103f41b720d208dc7075f81e%7C7a7681dcb9d0449a85c3ecc26cd7ed19%7C0%7C0 %7C638508899561665318%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=MF9F%2F5bAt%2BSA%2BhgCt9cNjIUL0LZ2decwbNeEnjNbHdg%3D&reserved=0> <image002.png> If you have any questions, please let me know. Best, Amie Hoy Environmental Specialist II Division of Water Resources amie.hoy@deq.nc.gov<mailto:amie.hoy@deq.nc.gov> DWR website: https://www.deq.nc.gov/about/divisions/water-resources<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.deq.nc.gov%2Fabout%2Fdivisions%2Fwater-resources&data=05%7C02 %7Cdevynne.brown%40deq.nc.gov%7Cfd9d2088103f41b720d208dc7075f81e%7C7a7681dcb9d0449a85c3ecc26cd7ed19%7C0%7C0%7C638508899561676968%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik 1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=8gaYi3Wj39Ymgvdb6ExqF8QfJwdp6%2Flem7EcBDDyCJ8%3D&reserved=0> <image001.png> ________________________________ Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.