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Home My WebLink About20191748 Ver 1_Notice of Violation (NOV)_20191112ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality November 13, 2019 CERTIFIED MAIL #7017-1450-0001-6450-4496 RETURN RECEIPT REQUESTED John Welfare President, Twin Rivers POA 7803 NC 105 Boone, NC 28607 Subject: Disturbed Stream Banks Investigation Notice of Violation NOV- 2019-PC-0726 Parcel ID: 1889601241000,1889602278000, 1889604303000,1889605430000 Work in State Waters/Stream Watauga County Dear Mr. Welfare, On October 16, 2019, Kelli Park and Mike Turner, staff personnel of the Division of Water Resources (DWR) of the Winston Salem Regional Office conducted a complaint investigation at the subject site. The visit was prompted by a complaint that streambank modifications had been conducted at the subject property. The exact Watauga County GIS parcels were unable to be determined, however the potentially impacted parcels are listed above. The investigation findings are summarized below: 1) Approximately 100 linear feet of streambank and riverbed on the Watauga River, class B, Tr, HQW, waters, were altered, and river rocks were added. A file review has indicated that a Pre -construction Notification has not been received by the Division of Water Resources for this project and that a 401 Water Quality Certification has not been issued. In accordance with an email from Sue Homewood of this office to you on June 18, 2019, (attached) the Watauga River is a high -quality water designation, and a 401 certification was required for work that was conducted. 2) A small tributary stream running parallel to the Watauga River was impacted by heavy machinery being driven through it for access to the Watauga River streambank. There D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 Noah caaouNA ^ n.P. MorMwL.IOWHV� 336.776.9800 were notable tire tracks through both sides of the stream's bank which have impacted the natural stream function. 3) Based upon the site observations made during this investigation and an email received from the US Army Corps of Engineers, the streambank alteration measures conducted were applicable for authorization under the Nationwide Permit 13 (NWP 13), regulated by the US Army Corps of Engineers, and for written authorization under the 401 Water Quality General Certification No. 4134 (GC No. 4134), regulated by the Division of Water Resources. Accordingly, all work must comply with all terms/conditions contained within the NWP 13 and the GC No. 4314. Accordingly, the following violation is noted: 1) Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 02H .0502 states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. Required Response 1) You are directed to contact Ms. Park via email or phone concerning this letter within 30 calendar days of receipt of this Notice. 2) If you wish for any stream bank impacts to remain in place, you must receive an After - the -Fact 401 Water Quality Certification. To obtain a 401 Water Quality Certification, an application describing the streambank and riverbed modifications to the Division is required. Note that this application will be reviewed for purpose and need along with avoidance and minimization pursuant to 15A NCAC 02H .0506. The Pre -Construction Notification form can be found at the following link: https://deg.nc.gov/about/divisions/water-resources/water-resources- permits/wastewater-branch/401-wetlands-buffer-permits/401-application-forms-help- documents. Alternatively, you may submit a written plan/proposal for the area to be restored to pre -construction conditions. Please note that should you choose this option no activities should commence until the Division has reviewed and approved a restoration plan. You may also propose a combination of permitting/restoration. 3) The entire length of streambank on the Watauga River that was impacted must be seeded with native vegetation to ensure stabilization of the loose material. This must be completed within 15 days of receiving this letter. 4) The side stream that was impacted must be restored to natural shape and function. The channel should be reconnected in the area impacted by the equipment tracks and the banks must be reshaped and then seeded with native vegetation. Pursuant to G.S. 143-215.6A, the above -mentioned 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 will be considered in any further process that may occur. Please contact Kelli Park at 336-776-9689 or kelli.park@ncdenr.gov regarding your response to this letter and if you have any questions. Thank you for your attention to this matter. Sincerely, DocuS�igfned<by: Jti l Smder 145B49E225C94EA... Lon Snider Regional Supervisor Division of Water Resources Winston-Salem Regional Office cc: DWR-WSRO Amanda Jones- Fuemeler, USACE, sent via email Andrea Leslie, NCWRC sent via email Alfred Jr and Anita Danna (191 Chestnut Flats Ln, Waynesville NC 28786) Ronald Pronyk, Mountain Properties, LLC (1800 NW 15Y Court, Boca Raton FI 33432) Richard and Tasse Little (2714 Tanglewood Ln, Charlotte NC 28211) enc: Previous email correspondence