Non-compliance - 381 Kemp Rd

North Carolina Department of Environmental Quality | Division of Water Resources
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

May 22, 2024

Mr. Thomas Dicristofaro
381 Kemp Rd.
Mooresville, NC 28117

Subject: Notice of Non-Compliance
Catawba Riparian Buffer Rule
381 Kemp Rd., Mooresville
Iredell County

Mr. Dicristofaro:

On May 2, 2024, during a site visit to review the location of a proposed patio within the
Catawba River Riparian buffer per the file review for DWR #20240504, it was observed that there
were unauthorized impacts to the Catawba Riparian Buffer at the subject site. During further
investigation, it was noted that built upon area (the patio) had been placed within Zone 2 (50 ft.
buffer) prior to any issued approval from this office. The impact observed within Zone 2 of the
Catawba Riparian Buffer (15A NCAC 02B .0614) is not allowed. Additionally, the extensive
amount of mulch placed around the patio is not permissible in the buffer. Per 15A NCAC
02B .0614(qq)(iii) the placement of a mulch ring around restoration plantings for a period of five
years from the date of planting and is deemed allowable. Based on the observations at the site,
the amount of mulch exceeds the allowable ring parameters. This correspondence is being issued
as a Notice of Non-compliance for the unapproved impacts to the buffer.

Required Corrective Action:

1) The mulch must be removed from the buffer and native ground cover needs to be
established. Please note that no further non-native material should be placed within the
buffer. This removal and replacement with native ground cover needs to be
accomplished by June 22, 2024.

2) No further work is to ensue within the buffer without acquiring proper approvals prior
to conducting work.

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.

Failure to remove the mulch by the stated date may result in further enforcement actions.
Thank you for your attention to this matter. Thank you for your attention to this matter. Should
North Carolina Department of Environmental Quality | Division of Water Resources
Mooresville Regional Office | 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

you have any questions regarding these matters, contact Devynne Brown at
[e-mail] or (704) 235-22200.

Sincerely,

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

cc: Shelton Sullivan – DWR 401 & Buffer Permitting Branch

Attachments:
Photos of unauthorized patio placement and mulch on May 2, 2024.