20080978 Ver 2_Notice of Violation_20100329

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 29, 2010
CERTIFIED MAIL 70081140000385055720
RETURN RECEIPT REQUESTED
Rick Mabe
407 Zimmerman Road
Advance, NC 27006
CERTIFIED MAIL 70081140000385055737
RETURN RECEIPT REQUESTED
Moyer Snow
419 Zimmerman Road
Advance, NC 27006
Subject: NOTICE OF VIOLATION
Dee Freeman
Secretary
NOV-2010-OP-0016
Failure to Obtain a 401 Water Quality Certification, Preclusion of Best Use
407 and 419 Zimmerman Road
Davie County
Dear Sirs:
In response to an anonymous complaint, Amy Euliss and Sue Homewood from the Winston-
Salem Regional Office of the Department of Environment and Natural Resources, Division of
Water Quality (DWQ) conducted a site inspection of the activities located at on your properties.
During the site visit, we observed that one perennial stream, an Unnamed Tributary to the
Yadkin River (WSIV; Yadkin River Basin) had been filled and ponded, and illegal fill was
placed in the stream including fill material for the dam. As a result of these observations, the
Winston-Salem Regional Office conducted a file review. Accordingly, the following violations
were confirmed as a result of this review and the site inspection:
Failure to Obtain a Section 401 Water Quality Certification
The Winston-Salem Regional Office confirmed the installation of a dam and flooded stream
channel for pond construction (approximately 200 linear feet, Table 1) has occurred within a
stream channel prior to the proper securing of a Section 404 Nationwide Permit from the U. S.
Army Corps of Engineers. A Section 401 Water Quality Certification is also required for the
above-mentioned impacts pursuant to 15A NCAC 2H .0500. No Section 401 Water Qualitb
North Carolina
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North Carolina Division of Water Quality 585 Waughtown Street Winston Salem, NC 27107
Internet: h2o.enr.state. nc.us
Phone [phone] Customer Service
FAX [phone]
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March 26, 2010
recommendation for enforcement action to the Director of the Division of Water Quality
regarding these issues. These violations, and any future violations, are subject to a civil penalty
assessment of up to $25,000 per day for each violation. Your response to this correspondence
will be considered in this process. If you have questions concerning this matter, or if this Office
can be of assistance, please contact Amy Euliss, or me at [phone].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Wetlands and Stormwater Branch, Compliance and Assistance Unit
DWQ Winston-Salem Regional Office