20191757 Ver 1_NOV2019CV0008_20191113

DocuSign Envelope ID: 48DCB959 6623 4A6C A19B-F03A67B41 FCQ
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
November 13, 2019
CERTIFIED MAIL
NORTH CAROLINA
Environmental Quality
RETURN RECEIPT REQUESTED 7017 2620 0000 9759 2618
Joseph Shifflett
4005 Bay Oaks Circle
Englewood, FL 34223
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Shifflett Property — Rockdale Road (PIN 0855-00-82-0890)
NOV-2019-CV-0008
Failure to Secure 401 Water Quality Certification
Mitchell County
Response deadline: December 13, 2019
Dear Mr. Shifflett:
On November 7, 2019, Andrew Moore from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted a site inspection of your property on Rockdale Road in
Bakersville, North Carolina. The site inspection was conducted after receiving a complaint of
boulders being harvested from Little Rock Creek. No one was present at the time of the
inspection.
During the site inspection, a recently constructed boulder wall was observed to have been
constructed below the ordinary high water mark of Little Rock Creek (Classified C; Trout). A
review of DWR files indicates no approval has been issued for the project. As a result of the site
inspection and file review, the following violations were identified:
VIOLATIONS
L Failure to Secure a 401 Water Quality Certification (WQC) — 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 Pre -Construction Notification has not been received by the DWR for
this project and that a 401 Water Quality Certification has not been issued.
NORTH CARCLINA
oewronem a E.11 enbi Qwnb
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 48DCB959-6623-4A6C-A1913-F03A671341 FCD
Joseph Shifflett
NOV-2019-CV-0008
Page 2 of 3
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by December 13, 2019. Your
response should be sent to this office at the footer address or via email to
[e-mail] and include the following:
1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
2. Please clearly explain why appropriate 401 WQC and 404 Permit were not secured.
3. If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of
Engineers (USACOE) for information on the type(s) of permit required. The Asheville
office phone number is [phone]. Depending on the type of permits USACOE
requires, application for a 401 Water Quality Certification to DWR will also be required.
4. 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 to DWR. See
https:Hdeq.nc.gov/about/divisions/water-resources/water-qualit -permitting/401-buffer-
permitting-branch for the form and information on this process. The form may also be
accessed and submitted online at https:Hedocs.deq.nc.gov/Fonns/Pre-
Construction Notification Form.
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.

DocuSign Envelope ID: 48DCB959-6623-4A6C-A1913-F03A671341 FCD
Joseph Shifflett
NOV-2019-CV-0008
Page 3 of 3
Should you have any questions regarding these matters, please contact Andrew Moore at (828)
296-4684 or Andrew.W.Moore(a-),ncdenr.gov.
Sincerely,
DocuSigned by:
N;�
627B1 D2775374D0...
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Mac Haupt — 401 & Buffer Permitting Unit
Brandee Boggs — US Army Corps of Engineers (via email)
Stan Aiken — DEMLR (email copy)
Andrea Leslie — NCWRC (email copy)
ARO File Copy
G:\WR\WQ\Mitchell\Complaints\Rockdale Road\20191113_ShifflettRockdaleRoad_NOV2019CV0008.docx