20072227 Ver 2_Notice of Violation_20140512

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WDENR
�:. -North Carolina - Department, of Environment - and - Natural Resources ..w -.._ _:..__.. .
Pat McCrory John E. Skvarla, III
Governor Secretary
May 12, 2014
CERTIFIED MAIL 70121010 0002 1967 8449
RETURN RECEIPT REQUESTED
Rutherford County
Attn: Carl Classen
289 North Main Street
Rutherfordton, NC 28139
Clary Hood Inc.
Attn: Tom Addley
150 Conway Black Road
Spartanburg, SC 29307
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Queens Gap Phase 1
Project # (2007- 2227 -V2)
401 Water Quality Certification (WQC) Conditions
Stream Standard
Rutherford County
Response deadline: ,May 26, 2014
Dear Messrs. Classen and Addley:
On May 2, 2014, Tim Fox from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection for Queens Gap Phase 1 in Rutherford County.
Darlene Kucken with DEMLR and Kenny Terry with Clary Hood were present during the
inspection.
401 WQC and stream standard violations were noted during the inspection. Turbidity standards
were exceeded in Chalk Creek (Class C;Trout waters). As a result of the site inspection and file
review, the following violations were identified:
VIOLATIONS
I. 401 WQC Condition Violations - The WQC issued for the project impacts specifies that
the activities must follow all conditions listed therein. The following condition violations
were noted:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the
Threshold of Use of this Certification = Turbidity standards were exceeded in Chalk
Creek (Class C;Trout waters).
2. Standard Erosion and Sediment Control Practices — Failure to install and maintain
proper erosion and sediment control measures
Water Quality Regional Operations— Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296115001 FAX: 828 - 299 -7043
Internet hftp : / /podal.nedenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Rutherford County / Clary Hood
May 12, 2014
Page 2 of 2
Wor -k-in- the -Dry— cul -vert- installation occurred - without working�in the dry
II. Stream Standard — (Turbidity) - Upon arrival for the inspection, turbid water was
observed below the project site. During the inspection the contract crew was observed
hammering rock and excavating stream material within the stream channel. Extremely
turbid water was being caused by this activity. When asked why the pump around
method was not being utilized, the project manager stated that, upper management had
instructed the crew to not use the pump around.
REQUIRED RESPONSE
The DWR requests that you respond by May 26, 2014. Your response should be sent to the
attention of Tim Fox, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778
and should address the following items:
I. 401 Water Quality Certification Condition Violations
Please explain why work was not being done in the dry. Address what steps will be taken
to ensure WQC conditions will be followed in the future, including protecting water
quality standards and proper installation, operation and maintenance of Erosion and
Sediment Control practices.
In addition, clear and accurate communications between Rutherford County, Clary Hood and
DENR are critical to avoiding water quality standard and 401 WQC condition violations, as well
as possible additional enforcement actions.
Thank you for your attention to this matter. This Office is considering 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. This office requires that the
violations, as detailed above, be abated immediately. These violations and any future
violations are subject to a civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Tim Fox at
(828) 296 -4500 or tim.fox @ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins - 401 & Buffer Permtting Unit
ARO File Copy
Laura Herbert - Division of Energy, Mineral, and Land Resources (e -copy)
William Elliot — The US Army Corp of Engineers (e -copy)
G: \WR \WQ \Rutherford \401s\Non- DOnQueens Gap 2007 - 2227- V2\NOV- 2014- PC- 0104.QueensGap.05- 09- 14.doc