20140990 Ver 1_NOV_20171009

Kra.
Water Resources
Environmental Quality
October 9, 2017
CERTIFIED MAIL 70161370 0001 6572 0785
RETURN RECEIPT REQUESTED
Avery County Fire Commission
Attn: Johnny Mathes
P.O. Box 160
Plumtree, NC 28644
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Frank VFD
NOV-2017-WP-0007
Failure to Secure 401 Water Quality Certification
Stream Standard Violation — Removal of Best Usage
Avery County
Required Response Date: November 7, 2017
Dear Mr. Mathes:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On September 26, 2017, Andrew Moore from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted a site inspection of property owned by the Avery County
Fire Commission at 699 North 19E Highway, Newland, North Carolina. The inspection was
conducted in response to an Unauthorized Activity letter from the United States Army Corps of
Engineers (USACE), which indicated that approximately 240 linear feet of stream channel and
0.02 acres of wetlands had been filled and/or piped on the subject property. You and your
consultants were present at the time of the inspection.
During the site inspection, the stream and wetland impacts were confirmed. The stream impacts
were to an unnamed tributary of the North Toe River (Class WS -V; Trout). A review of our
records indicated that no 401 Water Quality Certification (WQC) had been issued for the project.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Failure to Secure a 401 Water Quality Certification —Title 15A NCAC 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. A file review
confirmed that a 401 Water Quality Certification has not been issued.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Avery County Fire Commission
October 9, 2017
Page 2 of 3
H. Removal of Best Usage —15A NCAC 02B .0211 (2) — Title 15A NCAC 02B .0211 (2)
requires that "The waters shall be suitable for aquatic 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." The unpermitted fill represents a
removal of best usage.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by November 7, 2017. Your response
should be sent to the attention of Andrew Moore at the footer address or
[e-mail] and should explain how you plan to resolve this Notice of
Violation (NOV). Two options exist to resolve the NOV:
1. Apply to the USACE for and receive a 404 permit pertaining to the existing
impacts. A 401 WQC will be required if the activities are permitted by the
USACE. The application process as described does not guarantee the impacts will
be approved.
To begin the process of applying for a 401 WQC, you must complete the
Application Form (Pre -Construction Notification Form) and send this completed
form with the appropriate number of copies and application fee to DWR.
2. Restore the stream and wetlands to their pre-existing condition.
i. Includes the removal of the culvert, restoration of the stream channel and
wetlands, and restoration of the streambanks and buffer along the stream.
If pursuing Option 1:
1. Provide a proposed schedule of when you expect to have the required permit
application (401 WQC application) submitted to the DWR.
If pursuing Option 2:
1. Submit a Stream and Wetland Restoration Plan to this office for review and
approval. The plan must provide details regarding: how the culvert will the
removed, how the stream channel and wetlands will be restored, and how the
buffer along the streambanks will be restored. The Plan must be approved by
DWR before being implemented.
2. Once the restoration is complete, you must notify this office so that a follow-up
inspection may be conducted.

Avery County Fire Commission
October 9, 2017
Page 3 of 3
Thank you for your attention to this matter. 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 actions 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 $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
Andrew Moore at [phone] or Andrew.W.Moore(&ncdenr.gov.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Perry Isner — Wetlands & Waters, Inc. (via email)
Chris Huysman — Wetlands & Waters, Inc. (via email)
Amanda Jones — US Army Corps of Engineers (via email)
Stan Aiken — Division of Energy, Mineral and Land Resources (via email)
Karen Higgins — 401 & Buffer Permitting Unit
ARO file
GAWR\WQ\Avery\401s\Non-DOT\Frank VFD\FrankVFD.NOV2017WP0007.171009.docx