20061944 Ver 2_Notice of Violation_20120109

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director
Governor
January 9, 2012
Mr. Richard Jennings III, Registered Agent
Cow Rock Mountain, Inc.
P.O. 1459
Cashiers, NC 28717
Mr. Peter A. Paul, Registered Agent
Lonesome Valley Property Owners Association, Inc.
P.O. Box 3049
Cashiers, NC 28717
SUBJECT: NOTICE OF VIOLATION
Lonesome Valley (near Tansil new homesite)
401 Project # DWQ 2006 -1944
DWQ Tracking Number: NOV- 2012 -PC -0008
Stream Standard Violation - Other Waste (In- stream sediment)
401 Water Quality Certification (WQC) Conditions
Jackson County
Response deadline: January 27, 2012
Dear Messrs. Jennings and Paul:
Dee Freeman
Secretary
On December 6, 2012, Susan Wilson and Kevin Barnett, from the Asheville Regional Office of the
Division of Water Quality (DWQ), along with Jean Conway, conducted a site inspection in
Lonesome Valley, off Highway 64 in Jackson County.
Stream standard violations, as well as 401 Permit Condition violations, were noted during the
inspection and file review. Sediment impacts to Logan Creek and an unnamed tributary, a Class
C -Trout stream in the Savannah River Basin, were documented.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. (3)f — an undetermined length of an unnamed tributary to Logan Creek was impacted by
sediment deposition measured to be at least 8 inches in depth throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna
Phone: 828 - 296 -45001 FAX: 828 - 299 -7043 Naturall y
Internet www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Messrs. Jennings and Paul
January 9, 2012
Page 2 of 3
It also appeared that a delineated section of wetlands may have been impacted by sediment
deposition. Some pockets of sediment were noted in Logan Creek as well.
II. 401 WQC Condition Violations - The Water Quality Certification issued for the project
impacts specifies that the activities must follow all conditions listed therein. The following
condition violations were noted: 13. Culvert Installation.
REQUIRED RESPONSE
The DWQ requests that you respond by January 27, 2011. Your response should be sent to the
attention of Ms. Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC
28778 and should address the following items:
1. Stream Standard - Other Waste (In- Stream' Sediment)
a. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on- and off -site.
b. 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. You must secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Ms. Wilson of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed; including, techniques,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Ms. Wilson.

Messrs. Jennings and Paul
January 9, 2012
Page 3 of 3
2. 401 Water Quality Certification Condition Violation — Condition 13 of
DWQ# 2006 -1944
Condition 13 states "If any of the existing pipes are or become perched, the
appropriate stream grade shall be re- established or, if the pipes installed in a perched
manner, the pipes shall be removed and re- installed correctly ".
a. Several culverts were perched over 5 inches. Within 60 days of issuance of this
Notice of Violation a visual survey of all installed culverts shall be performed. Any
culverts that do not comply with Condition 13 shall include a site specific narrative
as to how these culverts will be brought into compliance. You should contact Ms.
Wilson to discuss this issue prior to taking any corrective action.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Ms. Wilson at (828) 296 -4500 or
susan.a.wilsonkncdner.gov .
Sincerely,
Chuck Cranford, Regional Supervi�W
Surface Water Protection
Asheville Regional Office
cc: WBSCP Unit
ARO File Copy
Steve Beasley, Jackson County Planning
Clement Riddle, Clearwater Environmental Consultants
S: \SWP\Jackson \Complaints\Lonesome Valley - Tansil Site \NOV - 2012- PC- 0008.Lonseome Valley near Tansil site 1 2012.doc