20090938 Ver 1_Notice of Violation_20090921

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Beverly Eaves Perdue
Governor

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

September 21, 2009

Ms. Stephanie Whalen
4365 Little Fork Cove
Denver, NC 28037

Subject: Notice of Violation
NOV-2009-WQ-0064
Catawba Riparian Buffer Rule
4365 Little Fork Cove
Lincoln, County, NC

Dear Ms. Whalen:

Mr. Alan Johnson of this Office conducted a site investigation on September 16, 2009 at the subject property
regarding an alleged violation of the Catawba Riparian Buffer Rule. Based on his 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.

While conducting the investigation Mr. Johnson observed that the buffer had been grubbed/graded and prepared
for the construction of a retaining wall in Zone 1 of the buffer. Zone 1 consists of the first 30 feet from the project elevation
(in this case the 760 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. The impact 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. 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 October 21, 2009.

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. 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,

~f5~

Robert B. Krebs
Surface Water Protection
Regional Supervisor

cc: Dennis Whitaker, Duke Power Lake Management
Amy Chapman, Wetlands Unit
John Hennessy, Compliance/Enforcement
Walt Case, Green Tree Landscaping, 6499 Cedar Lane, Denver, 28037

Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: vvvvw.ncwateraualitV.orq

N<6rth Carolina
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