20191748 Ver 1_NOV Close Out Letter_20200213

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. John Welfare
President Twin Rivers POA
P.O. Box 1598
Boone, NC 28607
NORTH CAROLINA
Environmental Quality
February 13, 2020
Subject: NOTICE OF VIOLATION - File closed
NOV-2019-PC-0726
Parcel # 1889604303000 and 1889602278000
Watauga County
Dear Mr. Welfare,
On January 27, 2020 Kelli Park and Sue Homewood, of this office, went out to the Twin
Rivers streambank stabilization project on the above listed parcels for a follow up
inspection regarding the Notice of Violation sent to you on November 13, 2019. An After -
the -Fact permit application for this streambank restoration was received by the Division on
December 20, 2019 and authorization was issued by the Division on February 13, 2020.
During the site visit staff determined that it appeared that the 70 linear feet of structure
repair along the Watauga River streambank is currently stable. Please note that while this
streambank alteration has been authorized by the Division, the After -the -Fact
authorization should not be construed as agreement that the recent streambank and
structure repair are the best design for permanent streambank stabilization in this
location.
As noted in the Notice of Violation issued November 13, 2019, you had also conducted
additional streambank stabilization activities immediately downstream of the structure. At
the time of the inspection it appeared that the Watauga River flows had returned this area
to natural conditions. At the time of the inspection this area was stable, or becoming stable,
and no further action is necessary. These additional streambank stabilization activities
were not authorized in the After -the -Fact authorization as they have since been restored by
natural actions.
The side channel that was disturbed during the initial construction along the Watauga
River has been repaired as required and appeared to be stable at the time of inspection.
D � North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office [ 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
NOh r H CAROI.IN/+
^^ •^^ma^� u�•i` r 336.776.9800

Please note that any future work on this tributary will require prior authorization from the
Division as it is classified as a High -Quality, Trout, Class B Water due to flowing into the
Watauga River.
Please be aware that you have no authorization under the Water Quality Certification Rules
for any future activities, including repairs to existing structures, and that any work done
within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
The Division now considers this violation closed. Thank you for your attention to this
matter. Should you have any questions regarding these or future matters, please contact
Kelli Park at 336-776-9689 or [e-mail].
Sincerely,
EDocuSigned by:
L uti T SmAr
-4'ME225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ - WSRO
CC: WSRO File Copy