NOV-2009-OP-0002 Ver 1_Notice of Violation_20090209

NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 9, 2009
CERTIFIED MAIL
Return Receipt Requested
7007 1490 0004 4510 0950
Mr. Kenneth Becker
1590 Brockton Lane
Winston Salem, NC 27106
Subject: Notice of Violation and
Dee Freeman
Secretary
Recommendation for Enforcement
NOV-2009-OP-0002
Catawba Riparian Buffer Rule
Lot 6, Maountain Aire Dr., Lake Hickory
Alexander County, NC
Dear Mr. Becker:
Mr. Alan Johnson of this Office conducted a site investigation on February 5, 2009 at the
subject property in response to a referral from the Division of Land Resources (DLR) regarding an
alleged violation of the Catawba Riparian Buffer Rule. Based on Mr. Johnson's observations, this
letter is being issued as a Notice of Violation and Recommendation For Enforcement for violation of
the Rule (15A NCAC 2B. 0243) pursuant to North Carolina General Statute 143-214.1.
While conducting the investigation Mr. Johnson observed that Zone 1 of the buffer had been
impacted in order to construct a retaining wall. Zone 1 consists of the first 30 feet from the project
elevation (in this case the 935-foot elevation) extending landward. Be advised that the Division of
Water Quality (DWQ) requires that approval be obtained prior to conducting land disturbing activities
in Zone 1 of the buffer. Zone 1 must be restored to its original state. Five (5) native specie trees, 3
inch in diameter, 8 ft. in height, shall be planted in Zone 1. The ground in Zone 1 shall be restored to
its original cover or with a mulch/straw blend (and allowed to return to a more natural state. It is
anticipated that the violation will be resolved by March 15, 2009. Until this matter is resolved, I am
requesting that Alexander County hold all approvals/permits related to this site.
It is requested that a written response be submitted to this office within 15 days of receipt of
this notice indicating the actions taken to correct the noted violation. If you have an explanation for
the noted violation that you wish to present, please include that in your letter. Your explanation will
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 //?
Internet: www.ncwaterguality.org J?7 ? ?/a`ui?C'rnil
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be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration. 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. Please address your
response to the attention of Mr. Johnson at 704-663-1699. .
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Dennis Whitaker, Duke Power Lake Management
Amy Chapman, Wetlands Unit
Land Quality, MRO
Alexander County, Building Inspections, 6125 NC Hwy 16 South, Taylorsville, 28681