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HomeMy WebLinkAbout20171525 Ver 1_Notice of Deficiencey_20180312Water Resources T Environmental Quality 12 March 2018 Mr. Brian Karriker 324 Montibello Dr. Mooresville, NC 28117 Subject: Notice of Non -Compliance DWR# 17-1525 Catawba Riparian Buffer Rule 15A NCAC 02B .0243 324 Montibello Dr. Iredell County Dear Mr. Karriker: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On February 20, 2018, in response to a complaint, staff from this office conducted an investigation at the subject site. During the investigation, it was observed that unapproved impacts and the removal of trees had occurred in the Catawba River Riparian Buffer. The impacts observed in Zone 1 (measured 30 ft landward from full pond) of the Catawba River Riparian Buffer occurred without approval. In addition, the dredge operation was not in accordance with the plan submitted for approval. The work was to be conducted by water from barge (hydraulic dredging) and no impact to the buffer was proposed. In addition, proper settling of the dredged material was expected, which was not occurring on the day of the site visit. To resolve this matter, the impacted buffer associated with the project must be restored. Ten (10) native species trees, two (2) inches in diameter at breast height and eight (8) feet in height must be planted randomly in the buffer and monitored to ensure survival and replaced if necessary. The ground cover must also be restored, not planted to grass. It may be mulched to six (6") inch depth and allowed to return to the more natural pre-existing condition. This letter does not address any impacts related to the discharge from the basin. It is anticipated that the work will be completed by April 30, 2018. Thank you for your prompt attention to this matter. Be advised it may be prudent to properly identify the full pond of the lake and the 30 ft buffer. Please submit a written response to this Notice within fifteen (15) days of receipt. We are requesting that Iredell County hold any permits associated with this site until the issue is resolved. Be advised that pursuant to G.S. 143-215.6A, these issues and are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day. Should you have any questions regarding this matter, please feel free to contact Alan Johnson at (704) 663-1699 or email to: alan johnson@ncdner.eov. Sincerely, fir./nvi ` W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office cc: Jim Nantz, Rowboat Dock/Dredge, jnantz(a),therowboatcompanv.com Randal Moore, Iredell County, email Shelton Sullivan- 401 and Buffer Permitting Unit State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Google earth