20160838 Ver 1_More Info Requested_20170213

Homewood, Sue
From: Homewood, Sue
Sent: Monday, February 13, 2017 4:10 PM
To: '[e-mail]'
Cc: Derek Goddard
Subject: resolution for NOV-2016-OP-0002 & DWR#2016-0838
Attachments: Tri-State components culvert NOV correction -sig ned.pdf; 16-0838 Tri-State Components
Violation - Alleghany - hold letter.pdf, historical imagery.docx
Mr. Miller,
Thank you for meeting with me today to discuss a resolution for the violation on your property. As was discussed in the meeting
today and in the letter sent to you on July 25, 2016 (attached) the culvert that was installed was in violation of state
regulations. In response to the Notice of Violation letter, the Division receive an application for a 401 Water Quality Certification
for the culvert on August 26, 2016. On October 23, 2016 the Division requested corrections, clarifications, and more information
regarding the application (attached) and has since granted multiple extensions to the due date cited in the letter. During our
meeting today we discussed the options for resolution of the violation. The options that we discussed are to remove the culvert
and restore the stream, or to continue to seek a 401 certification for the culvert installation. If you choose neither option then
the Division will initiate enforcement actions.
We further discussed what actions are required in order to receive a 401 certification for the culvert as installed. These actions
include: installation of in -stream measures to raise the stream bed elevation so that the culvert is no longer perched and to
propose a mitigation plan for the loss of stream. We discussed that the length of stream that would need to be replaced by
mitigation is the length of the sinuous channel that existed prior to the straightening of the stream, measured as accurately as
possible using Google Earth historical imagery (see attached photos). Once you have determined the length of stream to propose
for mitigation you may choose to pay the Division of Mitigation Services ($391/linear foot of stream) or propose on-site stream
restoration/mitigation.
If you propose on-site mitigation the requirements would be to provide for a stable stream and a 30 foot buffer of woody
vegetation to be protected in perpetuity through deed restrictions. The area will require monitoring for 5 years from tree planting
to ensure the trees survive. You may consider proposing an alternative mitigation plan however it would need to be approved by
the Director of the Division.
Please determine your proposed course of action and respond to this email with a conceptual plan (if proposing on-site
mitigation) by Friday March 10, 2017.
Thank you,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
KU -5:-NothingCompares.]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Water Resources
ENVIRONMENTAL QUALITY
October 3, 2016
Tri-State Components
Attn: Mr. John Miller
PO Box 1795
Sparta NC 28675
Subject: REQUEST FOR ADDITIONAL INFORMATION
Tri-State Components additional parking area
Dear Mr. Miller:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 2016-0838
Alleghany County
On August 26, 2016, the Division of Water Resources — Water Quality Programs (Division) received your
application dated August 23, 2016, requesting an After the Fact 401 Water Quality from the Division for
your project. This application has been submitted in response to Notice of Violation #NOV-2016-OP-0002
issued to you on July 25, 2016. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until all of the following information is received:
1. According to the USACE, there are approximately sixty linear feet of previous impacts within this
property. All current impacts will be considered cumulative with the existing impacts.
A review of historical imagery indicates that the stream channel has been straightened in the
recent past. Previously unauthorized activities may have reduced the current impact length and
therefore inappropriately benefitted this project. Please provide an accurate stream length of
the natural channel prior to straightening and piping. Please also update the total permanent
stream impacts in the PCN. "The stream impact length should be measured along the centerline of
the stream. When proposing a culvert, the impact length is generally greater than the length of
the culvert and associated dissipater since the existing stream usually has some sinuosity
(curvature)." [15A NCAC 02H .0502(b)]
3. Please provide more details regarding avoidance and minimization of the stream impacts for this
project. Based on the aerial photography of the site, this office believes that the parking area
might have been reconfigured to be contained within available uplands and avoided or further
minimized the impacts to the stream. Please provide a detailed explanation of why this plan for
the activity cannot be practically accomplished, reduced or reconfigured to better minimize
disturbance to the stream. [15A NCAC 02H .0506(f) and (g)]
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone] Customer Service 1-877-623-6748
Internet: www.ncdenr.gov - www.ncwater.org

Tri-State Components
DWR# 2016-0838
Request for Additional Information
Page 2 of 3
4. Per Condition #10 in 401 Water Quality Certification #3890, mitigation is required for losses of
equal to or greater than 150 linear feet of stream. Please provide a mitigation plan that conforms
to the requirements of 15A NCAC 02H .0500 for the revised total stream impacts. The mitigation
plan may include payment to a local mitigation bank or in -lieu fee program or on-site mitigation.
[15A NCAC 02H .0502(h)]
If you are are proposing to make a payment, please provide documentation from an
appropriate mitigation bank or the NCDMS indicating their willingness to accept your
request to purchase stream credit to mitigate for the proposed impacts listed in your
PCN application per Section D
If you propose on-site mitigation, please provide a complete detailed mitigation plan
(including full sized plans and detail sheets) for this project. Please provide a notarized
copy of the draft deed notification, covenants or restrictions that, at a minimum, notify
future lot owners that there are streams and buffers on the property, which are
protected in perpetuity, please provide the draft language that will accomplish
preservation.
5. Please provide a detailed profile view of the existing culvert and a detailed profile view of the
proposed stream restoration. These drawings must include details regarding the proposed
stream profile in relation to pipe slope, pipe burial, and the proposed cross vane. [15A NCAC 02H
.0502(b)]
6. Per GC#3890, stormwater runoff for low density projects must be transported via vegetated
conveyances. Please provide a stormwater management plan which shows how stormwater
from the new impervious surfaces are collected and conveyed.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve
the application and it will be returned. The return of this project will necessitate reapplication to the
Division for approval, including a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending two copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650.
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.

Tri-State Components
DWR# 2016-0838
Request for Additional Information
Page 3 of 3
Please contact me at 336-776-9693 or Sue. [e-mail] if you have any questions or
concerns.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
cc: Derek Goddard, BREC (via email)
William Elliott, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit

N
4 A
Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Necrefary
S. JAY ZIMMERMAN
Director
July 25, 2016
CERTIFIED MAIL #7015 0640 0005 81641626
RETURN RECEIPT REQUESTED
Mr. John Miller
Tri-State Components
PO Box 1795
Sparta NC 28675
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement ;1Q 01,50µ
011
NOV-2016-OP-0002
Tri-State Components Property Expansion
Alleghany County
Dear Sirs:
On June 21, 2016, 2016, Gary Hudson of the Division of Water Resources (Division) Winston-
Salem Regional Office conducted a site inspection of the above referenced property in response
to a complaint. During this site inspection it was determined that work was being conducted
within a stream channel prior to receiving authorization under a 401 Water Quality Certification.
A permanent stream impact (culvert) had been installed in an unnamed tributary to the Bledsoe
Creek, Class C, Tr for the purpose of expanding the property over the stream channel.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
1. Title 15A North Carolina Administrative Code 02H .0500 requires water quality
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into jurisdictional waters, including
wetlands, as described in 33 CFR Part 323.
2. Title 15A North Carolina Administrative Code 02B .0211 (2) requires that "The waters
shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered
to be violating a water quality standard."
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] \ FAX: [phone] Customer Service 1-877-623-6748
Internet: www.ncdenr.gov - www.ncwoter.org

Tri-State Components
July 25, 2016
1. Please submit a stream restoration plan or a Pre Construction Notification, or a
combination of both, for all permanent impacts (culvert and fill slopes) to the stream to
this office for review and approval. If you submit a restoration plan for any portion of the
stream, this plan should detail how you intend to restore the natural grades and
hydrology patterns and vegetation, and details of how the areas will be protected in the
future. If you chose to submit a Pre Construction Notification you must also secure
appropriate approvals from the US Army Corps of Engineers. The Pre Construction
Notification form can be found at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Permits/Nationwid
ePerm its/PreconstructionNotification.aspx
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. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented
on the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Sue Homewood at 336-776-9.693 or me at 336-776-9696.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: WSRO File Copy
William Elliott, USACE Asheville Regulatory Field Office (via email)
Karen Higgins — 401 & Buffer Permitting Unit
Shannon Leonard, DEMLR (via email)

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