20140215 Ver 1_Notice of Violation_20140206

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A Reeder John E Skvada, III
Governor Director Secretary
February 6, 2014
CERTIFIED MAIL — 7012 1010 00021967 7473
RETURN RECEIPT REQUESTED
Craigory and Barbara Surrett
PO Box 816
Canton, NC 28716
SUBJECT NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Surrett Residence
NOV- 2014 -PC -0023
Wetland Standard Violation
Failure to Secure 401
Removal of Best Usage
Haywood County
Response deadline: February 26, 2014
Dear Mr and Ms Surrett
On February 5, 2014, Chuck Cranford from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted a site inspection at a lot on Porter's Ridge in Haywood
County
Wetland standard and 401 Water Quality Certification violations were noted during the
inspection and file review Fill impacts to a wetland draining to an unnamed tributary to North
Hominy Creek (Class C waters) were documented
As a result of the site inspection and file review, the following violations were identified.
VIOLATIONS
I. Wetland Standard Violation (Fill and Hydrologic conditions) 15A NCAC 0213.0231
(b) — An indeterminate amount of wetland was impacted by unauthorized fill and
ditching representing a Water Quality Wetland Standard violation of 15A NCAC 02B
0231 (b).
Water Quality Regional Operatons — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone 828 - 29645001 FAX [phone]

Surrett
February 6, 2014
Page 2 of 3
II. Removal of Best Usage —15A NCAC 02B.0211 (2) — Approximately 20 feet of an
unnamed tributary to North Hominy Creek (Class C waters) was impacted by installation
of a culvert representing Water Quality Stream Standard violation of 15A NCAC 02B
0211 (2)
III. Failure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWR nor the US Army Corps of
Engineers (USACOE) has received an application for a 404 Permit or 401 WQC, prior to
the impacts noted in item II above Such an application is required pursuant to Section
404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H
0500
REQUIRED RESPONSE
y J The DWR requests that you respond by February 26, 2014 Your response should be sent to the
attention of Chuck Cranford, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC
28778 and should address the following items
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U S Army Corps of Engineers for and receive a 404 Pernut
pertammg to the culvert installation, stream modification or fill that has occurred
A 401 WQC will be required if the activities are permitted by the Corps. The
application process as described does not guarantee the impacts will be approved
2. Restore the stream and wetland to pre - existing conditions
a includes the removal of the impacts and restoration of the wetland and/or
stream
If pursuing Option 1
1. Contact the U S Army Corps of Engineers to determine the permitting needs of
the activities you have undertaken The Asheville office phone number is (828)
271 -7980
2. Provide a proposed schedule of when you expect to have the required Pre -
Construction Notification (401 WQC application) submitted to DWR.
If pursuing Option 2
a. Please contact this office for guidance.

Surrett
February 6, 2014
Page 3 of 3
Thank you for your attention to this matter This Office may consider sending a recommendation
for enforcement to the Director of the Division of Water Resources regarding these issues and
any future /continued violations that may be encountered Your above - mentioned response to
this correspondence will be considered in this process. Should you have any questions regarding
these matters, please contact Chuck Cranford at (828) 296 -4650 or
chuck cranford@pcdenr gov
Sincerely,
G Landon Davidson, P G , Regional Supervisor
Neater Quality Regional Operations
Asheville Regional Office
cc Karen Higgins - 401 & Buffer Permitting Unit
ARO File Copy
Marc Pruett — Haywood County (e -copy)
David Brown — USACE (e -copy)
G \ WR\ WQ\Haywood\Complamts\SurrettWOV- 2014 -PC -0023 docx