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Home My WebLink About20191748 Ver 2_NOV-2019-PC-0726_20200331ROY COOPER Go: ernar MICHAEL S. REGAN Secretary LINDA CULPEPPER Director N CERTIFIED MAIL#7017- John Welfare) President, T 'in Rivers POA 7803 NC 1057 Boone, NC 28607 Dear Mr. Welfare, on October 16, 2019, Kelli Park and Milo Resources (DWR) of the Winston Salem the subject site. The visit was prompted been conducted at the subject property. be determinjed, however the potentially findings are summarized below: CAROLINA ental Quality mber 13, 2019 Subject: Disturber! Stream Banks Investigation Notice of Violation NOV- 2019-PC-0726 Parcel I D : 188 9 601241000,1889602278000, 1889604303000,1889605430000 Work in State Waters/Stream Watauga County Turner, staff personnel of the Division of Water ,egional Office conducted a complaint investigation at )y a complaint that streambank modifications had The exact Watauga County GIS parcels were unable to mpacted parcels are listed above. The investigation 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 Watau a River is a hi h- uality 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 throughlit for access to the Watauga River streambank. There �^.1Q�"L North Ci Irolina Department of Environmental Quality ; Division of Water Resources Winston Salem Regional Ofrtce i 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336.776. I800 were notable tire tracks through l the n4ural stream function. 3) Based Pon the site observations r from i he US Army Corps of Engin( were applicable for authorization by the US Army Corps of Engineei Quality General Certification No. Resources. Accordingly, all work r the NVP 13 and the GC No. 4314 Accordingly, the following violation is no 1) Title 15A NCAC 02H .0501 requires c Water Act whenever construction of navigable waters, including wetland .0502 states any person desiring isst general certification required by Sec shall file ':with the Director of the No Required Response sides of the stream's bank which have impacted ade during this investigation and an email received !rs, the streambank alteration measures conducted nder the Nationwide Permit 13 (NWP 13), regulated and for written authorization under the 401 Water L34 (GC No. 4134), regulated by the Division of Water ust comply with all terms/conditions contained within -tifications pursuant to Section 401 of the Clean )peration of facilities will result in a discharge into as described in 33 CFR Part 323. Title 15A NCAC 02H nce of the State certification or coverage under a on 401 of the Federal Water Pollution Control Act h Carolina Division of Water Resources. 1) You are directed to contact Ms. ark via email or phone concerning this letter within 30 calendar days of receipt of this iotice. 2) if yo wish for any stream hank i the -Fact 401 Water Quality Certi application describing the strear required. Note that this applicai avoidance and minimization pur Notification form can be found e npacts to remain in place, you must receive an After - [cation. To obtain a 401 Water Quality Certification, an bank and riverbed modifications to the Division is on will be reviewed for purpose and need along with want to 15A NCAC 02H .0506. The Pre -Construction the following link: documents. Alternatively, you may submit a written plan/proposal for the area to be restored of pre -construction co ditions. Please note that should you choose this option no activities should commence Lntil the Division has reviewed and approved a restoration plan. You may also propose a combination of permitting/restoration. 3) The (',entire length of streamban i on the Watauga River that was impacted must be seeded with native vegetation tensure stabilization of the loose material. This must be 4) The side stream that was impact channel should be reconnected i banks must be reshaped and the Pursuant to II'G.S. 143-215.6A, the aboi subject to al civil penalty assessment violation. Your above -mentioned resp further process that may occur. i must be restored to natural shape and function. The the area impacted by the equipment tracks and the seeded with native vegetation. rnentioned violations and any future violations are up to a maximum of $25,000.00 per day for each ;e to this correspondence will be considered in any Please contact Kelli Park at 336-776-96or kelli.park@ncdenr.gov regarding your response to this letter and if you have any questions Thank you for your attention to this cc: DWRF-WSRO Amanda Jones- Fuemeler, USAGE Andrea Leslie, NCWRC sent via e! Alfred Jr and Anita Danna (191 C Ronald Pronyk, Mountain Proper Richard and Tasse Little (2714 Ta enc: Previous email correspondence Sincerely, ESigned by: � 5.ujtr E19E225C94EX- Lon Snider Regional Supervisor Division of Water Resources Winston-Salem Regional Office , sent via email nail iestnut Flats Ln, Waynesville NC 28786) ties, LLC (1800 NW 15{ Court, Boca Raton FI 33432) nglewood Ln, Charlotte NC 28211)