HomeMy WebLinkAboutDWR #20240504 Dicristofaro project (381 Kemp Road)
Good afternoon all,
During a file review for the above mentioned project, a site visit was deemed necessary to determine if there was space to move the proposed patio further outside of the buffer. Upon
a site inspection, it was noted that the patio had already been placed with some non-compliance involvement. Please refer to the attached letter for details and respond and remediate
accordingly. 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
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 devynne.brown@deq.nc.gov 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.