20140192 Ver 1_NOV-2015-PC-0042_20150317

PERM-
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R van der Vaart
Governor Secretary
March 17, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
N.C. Wildlife Resources Commission 7014 0510 0000 4466 0677
Division of Engineering and Lands Management
Attn: Mark Hamlett, PE, Design Services Section Chief
1720 Mail Service Center
Raleigh, NC 27699
Graham County Land Company, LLC 7014 0510 0000 4466 0660
Attn: Randy Jordan, Manager
750 Tallulah Rd
Robbinsville, NC 28771
SUBJECT: NOTICE OF VIOLATION
Big Hungry Lower Dam Demolition
Project # 2014 -0192
NOV- 2015 -PC -0042
Stream Standard Violation - Other Waste (In- stream sediment)
401 Water Quality Certification (WQC) Conditions
Henderson County
Response deadline: April 17, 2015
Dear Mr. Hamlett & Mr. Jordan:
On March 5, 2015, Tim Fox, Zan Price, and Ed Williams from the Asheville Regional Office of
the Division of Water Resources (DWR) conducted a site inspection of the Big Hungry Lower
Dam Demolition project located in Henderson County.
Stream standard and 401 WQC violations were noted during the inspection and file review.
Sediment impacts to the Big Hungry River, a Class C; Tr water were documented.
As a result of the site inspection and file review, the following violations were identified:
Water Quality Regional Operations— Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] FAX [phone]
Internet Into 1 /podal.ncbenco.glwebhvgA s
An Equal Oppohnnity \ ARima9ve Acton Employer

NC Wildlife Resources Commission \Graham County Land Company, LLC
March 17, 2015
Paget d4
VIOLATIONS
I. Stream Standard Violation - Other Waste (In- stream sediment) 15A NCAC 02B
.0211 (3)(f) — An undetermined length of the Big Hungry River, a Class C; Tr water was
impacted by sediment deposition measured to be in excess of four feet in depth in the
surveyed portion of stream reach, representing Water Quality Stream Standard violation
of 15A NCAC 02B .0211 (3) (f).
II. 401 WQC Condition Violations - The WQC issued on July 1, 2014, 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 — hi- stream sediment is considered an additional impact.
#2 Work in the Dry — All work in or adjacent to stream waters shall be conducted so that
the flowing stream does not come into contact with the disturbed area.
• #3 Additional Condition - Pre - project and post - project stream channel stability
monitoring shall be conducted as part of the project aligned with the required visual
monitoring. The applicant shall establish two cross - sections above and below (four total)
the existing dam location and record stream channel profiles. Data collected during this
monitoring should be delivered to the Asheville Regional Office within 45 days of
collection. An electronic format is acceptable. This data should provide beneficial
information related to sediment transport and project effects.
REQUIRED RESPONSE
The DWR requests that you respond by April 17, 2015. 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:
1. Stream Standard - Other Waste (In- Stream Sediment)
a. Please provide a map of the project area and area downstream of the dam. The
map must include all streams and wetlands, detailing impacts both on- and off -
site. Please provide an estimate of impacted stream length and depth of sediment
deposition.
b. Please submit a Sediment Removal Plan (Plan) to this office for review and
approval. The Plan must address removal of accumulated sediment from all
surface waters. You must secure an environmental consultant experienced in
stream restoration to assist you with developing your Plan, and obtaining any
necessary approvals. It is recommended that your consultant contact Tim Fox of

NC Wildlife Resources Commission \Graham County Land Company, LLC
Marth 17, 2015
Page 3 of4
the Asheville Regional Office for additional guidance during Plan development.
The Plan should include:
• A narrative explaining how sediment will be removed including techniques,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment. Note that sediment removal should only
occur after the source (i.e., dam) area is stabilized. - -
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded by the restoration
process.
• The plan should include the area and site conditions above the dam. The plan
should outline the corrective actions needed to permanently stabilize the entire
site.
• Submit a detailed plan describing how the dam removal area will be
stabilized. This plan must be sealed by a N.C. Licensed P.E.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Tim Fox.
1. 401 Water Quality Certification Condition Violation
• Please provide a detailed narrative describing the failure causing the sediment
impact. Please explain why the work was not done in the dry, and if it was
supervised, how much sediment was lost, and steps taken to stabilize the site and
avoid any future water quality violations. Please specifically cite deviations from
plans and approved certifications submitted to DWR and DEMLR for this project.
• Provide pre - project cross section data as outlined in the July 1, 2014 approval
letter. In addition, provide post- impact cross sections as an overlay.
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

NC Wildlife Resources Commission \Graham County Land Company, LLC
March V, 2015
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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 thn.foxnanedenr.eov.
Sincerely,
G.G. uTdon DavP.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins - 401 & Buffer Permitting Unit
ARO File Copy
Henderson County Planning
cc: Mark Cathey— McGill Associates
John Vilas — McGill Associates
David Brown — USACE
Laura Herbert - Division of Energy, Mineral, and Land Resources
Andrea Leslie —NCWRC
Jeff Ferguson — NCWRC
Anita Goetz - USFW
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