NOV-2024-PC-0230_501_Starnes_Circle

April 4th, 2024

CERTIFIED MAIL #7022 0410 0000 7794 2832
RETURN RECEIPT REQUESTED

Donte Waln
114 Workman Street
Conover, NC 28613

Subject: NOTICE OF VIOLATION
NOV-2024-PC-0230
BIMS Incident: 202400744
501 Starnes Circle Dr., Taylorsville
Alexander County

Dear Mr. Waln:

On April 2nd, 2024, Devynne Brown and Michael Burkhard of the Division of Water Resources Mooresville
Regional Office conducted a site inspection in response to a concern presented to our office regarding
potential riparian buffer violations.

During the site inspection, Division of Water Resources staff observed that approximately 2,700 square feet
in Zone 1 of the Catawba River riparian buffer had been impacted by recent unauthorized tree removal and
land disturbing activities. Zone 1 shall consist of vegetated area that is undisturbed. Zone 1 begins at full
pond level (935 feet for Lake Hickory) and extends landward a distance of 30 feet, measured horizontally
on a line perpendicular to the lake.

The observed buffer impacts described above are violations of the Catawba River Riparian Buffer Rule
Title 15A North Carolina Administrative Code 02B .0614 as noted below.

a. Title 15A North Carolina Administrative Code 02B .0614 (7)(a) of the Catawba River
Riparian Buffer requires that Zone 1 shall consist of a vegetated area that is undisturbed
except for uses provided for in Items (8) and (9) of this Rule.

Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address and include the following:

1. Immediately ensure that the site is stabilized, and that appropriate erosion and sediment control
measures are installed to ensure protection of Lake Hickory.

2. Please explain in writing how and why these impacts occurred.
3. Submit a proposal to restore all impacts from the land disturbing activities within the buffer. Your
proposal must be sent to this office for review and approval prior to conducting any further activities
within the buffer other than the installation and/or maintenance of appropriate sediment and erosion
control measures to protect downstream water quality. The Division strongly recommends that you
secure the services of a qualified environmental consultant to assist you in resolution of these
violations.

4. Restore the site: Submit a buffer restoration plan with specific methods, materials and completion
dates for DWR approval. This plan should include the restoration of the 30 ft. buffer along Lake
Hickory. The Restoration Plan should include the requirements as per 15A NCAC 02B .0295 (n) (2)
which includes the following:
a) A map of the proposed restoration or enhancement site.

b) A restoration plan in compliance with 15A NCAC 02B .0295 (n)(2) that includes a
narrative depicting how the Catawba Buffer will be fully restored by planting at least
fifteen (15) trees with the following dimensions: at least a three inch (3”) diameter at breast
height, ten (10) feet in height at planting, and of at least three (3) native species (i.e., oak,
sycamore, maple, river birch). The trees are to be planted and evenly dispersed throughout
Zone 1 of the buffer, (i.e., at least 10’ from center of tree to center of tree).

c) A grading plan. The site shall be graded in a manner to ensure diffuse flow through the
entire riparian buffer.

d) A monitoring plan to document the success of the restoration. The plan shall include a
proposed schedule and method for monitoring the vegetative status of the restoration or
enhancement site for five years, or before if released by DWR, including the health and
average stem densities of native hardwood tree or tree and shrub species that are to be
counted toward the required density. Monitoring reports should be sent to the following
email addresses: Devynne Brown ([e-mail]) and Michael Burkhard
([e-mail]) at the DWR Mooresville Regional Office by October 1
of each of year for 5 years or before if released by DWR. Also, as a part of the plan,
include notification to DWR when the restoration work has started and when it is
completed.

Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated
immediately and properly resolved.

Pursuant to G.S. 143-215.6A, the above-mentioned violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above-mentioned
response to this correspondence will be considered in any further process that may occur.

This Office appreciates your attention to this matter and efforts to resolve the above noted concerns.
Should you have any questions regarding these matters, please contact Devynne Brown at
[e-mail] or (704)-235-2200 or Michael Burkhard at [e-mail]
or (704)-235-2162

Sincerely,

Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Enclosures: Site photos and aerial photo

Electronic cc: Cayce Brennan, Duke Lake Management
Shelton Sullivan, 401 & Buffer Permitting Unit
MRO File Copy

1. Photographs of disturbed buffer and remnants of trees at 501 Starnes Circle Dr,
Taylorsville NC on April 2nd, 2024.

2. Aerial images showing pre-impact conditions.