20190189 Ver 1_Notice of Violation (NOV)_20200910

DocuSign Envelope ID: 8092E297-A7A8-447C-9CFA-DF5F9C59F1CA
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
September 10, 2020
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7019 1640 0000 1354 4634
RETURN RECEIPT REQUESTED
Delta Express, Inc.
Attn: Viktor Matviychuk
2348 Smokey Park Highway, Suite 201
Candler, NC 28715
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Lance Road Subdivision (DWR Project No. 20190189)
NOV-2020-SS-0017
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Wetland Standard Violation
401 Water Quality Certification (WQC) Conditions
Buncombe County
Required Response Date: September 30, 2020
Dear Mr. Matviychuk:
On August 16, 2019, the Division of Water Resources (DWR) issued a 401 Water Quality
Certification approval to Lance Road Holdings, LLC for stream and wetland impacts associated
with culvert installations for road crossings associated with the Lance Road Subdivision. On
August 26, 2020, Andrew Moore from the Asheville Regional Office of the DWR conducted a site
inspection of the Lance Road Subdivision project. The site inspection was initiated in response to
notification from the Buncombe County Planning Department of violations of Buncombe
County's soil erosion and sedimentation control ordinance within the project limits. Art Bayluk
was present during a portion of the inspection.
During the site inspection, the reinforced concrete box culvert installed on an unnamed tributary
(UT) of Avery Creek (Classified B), referred to as UT-1 in the Pre -Construction Notification
(PCN) submitted to DWR for the project, was observed to have been incorrectly installed. The
culvert was not embedded in the streambed at the lower end of the culvert and was perched above
the streambed approximately seventeen inches. Sediment deposition measured up to eight inches
in depth was observed in a second UT of Avery Creek, referred to as UT-2, as a result of erosion
and sediment control failures. Sediment deposition measured up to four inches in depth was
observed in the wetland adjacent to UT-2 from erosion and sediment control failures.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
vOry rN Cx:40:.itiA �
o .—Io E�.w�����a�:r� /`� 828.296,4500

DocuSign Envelope ID: 8092E297-A7A8-447C-9CFA-DF5F9C59F1CA
Delta Express, Inc.
September 10, 2020
Page 2 of 5
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Other Waste (In -Stream Sediment) — 15A NCAC 02B .0211 (12) —Title 15A NCAC 02B
.0211 (12) requires that "Oils, deleterious substances, colored, or other wastes: only such
amounts as shall not render the waters injurious to public health, secondary recreation, or
to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or
impair the waters for any designated uses." Approximately 250 feet of a UT of Avery
Creek (Class B) was impacted by sediment deposition measured up to 8 inches in depth.
II. Removal of Best Usage — 15A NCAC 02B .0211 (2) — Title 15A NCAC 02B .0211 (2)
requires that "The waters shall be suitable for aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water
pollution that 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 sediment deposition within the
stream channel results in a removal of use.
III. Wetland Standard — 15A NCAC 02B .0231 (c) — Title 15A NCAC 02B .0231 (c) requires
that
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
cause adverse impacts on existing wetlands uses:
(6) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent
detrimental impacts on:
(F) Water levels or elevations.
The sediment deposition within the wetland is a fill that adversely impacts the wetland
use and water levels within the wetland.
IV. Lance Road Holdings, LLC submitted a PCN on February 8, 2019. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit 29 and the
corresponding General Water Quality Certification 4139. DWR issued an approval letter
for the impacts on August 16, 2019. The approval letter specifies that the activities must
follow the conditions listed in the General Water Quality Certification as well as
additional conditions listed in the letter.
Accordingly, the following observations and/or permit condition violations were noted
during the DWR inspection and subsequent file review:
Condition II.2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or
waters beyond the footprint of the impacts (including temporary impacts) as authorized in
the written approval from DWR; or beyond the thresholds established for use of this
Certification without written authorization.

DocuSign Envelope ID: 8092E297-A7A8-447C-9CFA-DF5F9C59F1CA
Delta Express, Inc.
September 10, 2020
Page 3 of 5
Condition II.5. When applicable, all construction activities shall be performed and
maintained in full compliance with GS. Chapter I I3A Article 4 (Sediment and Pollution
Control Act of 1973).
Condition II.11. Culverts shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low
flows. Placement of culverts and other structures in streams shall be below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches,
to allow low flow passage of water and aquatic life.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by September 30, 2020. Your response
should be sent to the attention of Andrew Moore at the footer address or
[e-mail] and should include the following:
Stream and Wetland Standard Violations
1. Please explain why these impacts occurred without prior authorization.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams and wetlands) on the site. This documentation
should describe and quantify the impacts to those jurisdictional features, and should include
plans to avoid further stream and wetland impacts on the site.
3. Please submit a Sediment Removal Plan (Plan) to this office for review and approval.
The Plan must address removal of accumulated sediment from all surface waters. This
office recommends you secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan. The Plan should include:
• The amount (depth) of material that has been deposited in the stream and wetland.
This information should be depicted on a map you provide.
• A narrative explaining how disturbed areas will be stabilized to prevent the discharge
of sediment to the streams.
• A narrative explaining how sediment will be removed including techniques,
manpower, and tools to be used. It is recommended that you used hand labor
(buckets, shovels, and wheelbarrows) to remove deposited sediment from the stream
and wetland.
• A proposed schedule with dates that indicate when you expect to begin and complete
the removal of sediment.

DocuSign Envelope ID: 8092E297-A7A8-447C-9CFA-DF5F9C59F1CA
Delta Express, Inc.
September 10, 2020
Page 4 of 5
• A narrative explaining how and where the removed sediment will be disposed and
stabilized.
• A narrative explaining how turbidity will be minimized during the sediment removal
work.
Once the works is complete, a final report documenting the results of the sediment removal
activities should be submitted to Andrew Moore.
401 Water Quality Certification Condition Violations:
1. Condition II. 2.-Submit the Sediment Removal Plan.
2. Condition II.S.-Implement all measures required by the Buncombe County Planning
Department to bring the site into compliance with their soil erosion and sedimentation
control ordinance.
3. Condition 11.11. —Explain how you are going to bring the reinforced concrete box culvert
into compliance with the noted condition.

DocuSign Envelope ID: 8092E297-A7A8-447C-9CFA-DF5F9C59F1CA
Delta Express, Inc.
September 10, 2020
Page 5 of 5
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.Mooregncdenr.gov.
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Amanda Jones — US Army Corps of Engineers (via email)
Jason Guess — Buncombe County Planning Department (via email)
Andrea Leslie — North Carolina Wildlife Resources Commission (via email)
DWR ARO file
DWR 401 & Buffer Permitting Branch file
G:\WR\WQ\Buncombe\401s\Non-DOT\Lance Road\NOV\20200910_LanceRoadSubdivision NOV2020SS0017.docx