20072208 Ver 1_Notice of Violation_20080125

O~~F W A T F9pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Coleen H. Sullins, Director
Division of Water Quality
January 25, 2008
CERTIFIED MAIL
Return Receipt Requested
7006 0710 0005 2882 1837
Mr. Joseph Dumizo
5148 Watermead Rd.
Belmont, NC 28012
Subject: Notice of Violation
NCGS 143-214.1
DWQ # 07-2208
Incident #200800241
NOV-2008-OV-0001
Catawba Riparian Buffer Rule
5148 Watermeade Rd., Lake Wylie
Gaston County, NC
Dear Mr. Dumizo:
On January 22, 2008 staff from this office conducted an inspection at the subject site in
response to an application to stabilize the shoreline at your residence. During the inspection it
was observed that fill was placed in Zone 1 of the buffer and trees removed. Based on their
observations, this letter is being issued as a Notice of Violation for violation of the Rule (15A
NCAC 2B. 0243) pursuant to North Carolina General Statute 143-214.1. In addition, until the
violation has been resolved the application for the stabilization of the shoreline will be placed on
hold pursuant to 15A NCAC 2H .0507(h).
Be advised that the Division of Water Quality (DWQ) requires that approval be obtained
prior to conducting land disturbing activities in the 50 ft. buffer. The buffer consist of two zones,
Zone 1 is the first 30 feet landward from the lake. Zone 2 is the remaining 20 ft. The fill and
disturbance in Zone 1 that was observed at the site is not allowed under the current regulation.
Zone 1 must be restored to its original state. Eight (8) native specie trees, 3 inch in diameter, 8
ft. in height, shall be planted in Zone 1. Zone 2 must remain vegetated. Zones 1 and 2 must be
stabilized immediately to prevent further erosion of the fill. It is expected that the violation be
resolved by March 15, 2008.
Be advised that North Carolina General Statutes provide for civil penalties of up to
$25,000 per day, per violation, as well as criminal penalties for violation of state environmental
laws and regulations.
NorthCarolina
JVaturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
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It is requested that a written response be submitted to this office by February 15, 2008
indicating the actions taken to correct the noted violation. Thank you for your prompt attention
to this matter. If you have any questions please do not hesitate to contact Mr. Johnson or me at
[phone].
Sincerely,
-~ ~ lL--
Robert Krebs
Surface Water Protection
Regional Supervisor
cc: Duke Energy Lake Mgt.
John Hennessey, Compliance/Enforcement
Amy Chapman, DWQ, Wetlands Unit
Central File