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From:David Goldberg <br />To:connie@arstark.com <br />Cc:Susie Morris;Jay Lowe;lawoffice@RichardKochLaw.com <br />Subject:Informal and Preliminary Notice of Buffer Violations <br />Date:Friday, May 7, 2021 10:07:00 PM <br />Attachments:RE_ Arstark.pdf <br />Importance:High <br />Dear Ms. Arstark, <br />Thank you very much for showing Jay and I around your property (PIN 55892433620000) earlier <br />today. Our visit gave us more context on the property’s current state and your plans for it. <br />Ultimately, we hope to be on a path towards a fair and lawful resolution of the status of the steel <br />building. <br />Unfortunately, Jay and I also observed other conditions on the property that gave us great concern. <br />After discussing it with county staff, we believe your ongoing and imminent actions likely constitute <br />further violations of the Cabarrus County Development Ordinance (CCDO). Cabarrus County has a <br />duty to faithfully implement the ordinance and to take enforcement action as needed. I am writing <br />to give you informal and preliminary notice of our concerns in hopes that you do not do cause <br />further irreparable harm before we are able to issue formal administrative actions next week. <br />Further violations will only make it more difficult to resolve this matter to your satisfaction. <br /> <br />Destruction of Natural Vegetation in Waterbody Buffer Zone <br />During our visit, Jay and I saw that you were in the process of clearing trees, plants, and other <br />vegetation near the Lick Branch stream. We saw a backhoe, piles of vegetation, and ground recently <br />cleared of vegetation very close to the stream. You stated that your neighbor was clearing the area <br />to increase farmable land and that he planned to continue the clearing activities soon. <br /> <br />We believe the clearing activities we saw encroached in the Waterbody Buffer Zone established <br />pursuant to Cabarrus County Development Ordinance Sec. 4-10. As we have explained previously in <br />relation to the steel building on the property, the Lick Branch stream is a perennial stream identified <br />on both the USGS Quadrangle Maps as a solid blue line and in the Cabarrus County Geographic <br />Information System. As such, this stream is protected by the Waterbody Buffer Zone, which ranges <br />from 50 ft to 120 ft from the top of the stream bank depending on slope. There is also a 25 ft buffer <br />from identified wetlands. Areas within the Waterbody Buffer Zone must “remain in a natural, <br />vegetated state” and wooded areas in the buffer must remain “undisturbed”. CCDO § 4-10(8). The <br />ordinance further provides that “all disturbed areas within the buffer zone shall be revegetated with <br />appropriate vegetation immediately.” CCDO § 4-10(12). In addition to the legal requirements, <br />violations of the buffer may have caused irreparable harm to the surrounding environment. <br />Violations may also imperil Cabarrus County’s compliance with a federal Clean Water Act § 404 <br />permit issued by the Army Corp of Engineers in 1990 that requires the adoption and strict <br />enforcement of the buffer requirements. <br /> <br />Based on our observations, Cabarrus County intends to issue a Notice of Violation and Stop Work <br />Order next week. These administrative actions will further notify you of our concerns, demand that <br />you cease the unlawful activities described, and the process for appealing those actions. I urge you <br /> <br />