20111115 Ver 1_Notice of Violation_20120316

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
March 16 2012
CERTIFIED MAIL 7011 1570 00018545 8135
RETURN RECEIPT REQUESTED
Mr Peter Evans
Revolution Resources Corporation
2504 B North Fayetteville St
Asheboro NC 27203
Subject NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT and
Request for Additional Information DWQ# 11 -1115
Failure to Secure a 401 Water Quality Certification
Stream Standard Violations
NOV- 2012 -OP 0001
Champion Hills -Jones Keystone Mine Site
Randolph County
Dear Mr Evans
On October 3 2011 the Division of Water Quality (Division) issued a Notice of Violation to you for violations of water
quality standards in streams at the above mentioned site On November 2 2011 Sue Homewood of the Division s
Winston Salem Regional Office met with you to conduct a site visit of the property noted above John Thomas with the
US Army Corps of Engineers and Mack Summey from Summey Engineering was present at the site visit At that time of
the inspection it was observed that a road had been constructed throughout the property that crossed multiple stream
channels These streams are unnamed tributaries of Uwhaxne River Class WS III CA Waters in the Yadkin Pee Dee
River Basin On December 22 2011 you submitted a Pre Construction Notification requesting an After the Fact approval
for one of the violation sites On January 23 2012 the Division issued you a Request for more Information letter
indicating that the application submittal was incomplete On February 13 2012 the Division issued a Notice of Violation
and Recommendation for Enforcement regarding the 2nd crossing that had not been addressed at that time On February
16 2012 the Division received a response to the Request for Additional Information letter The Division has reviewed
this documentation and determined that it is insufficient to issue approval for the permanent crossing and for restoration of
the temporary crossing
Requested Response
This Office requests that you respond to this letter in writing within 10 days of Receipt of this Notice
North Carolina Division of Water Quality Winston -Salem Regional Office
Location 585 Waughtown St Winston -Salem North Carolina 27107
Phone [phone] FAX [phone] Customer Service 1- 877 -623 -6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarollna
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Revolution Resources
March 16 2012
Page 2 of 2
Your response should subrmt the following items in order to address the Notice of Violation and in order to complete your
application for an After the Fact 401 Water Quality Certification
Provide a detailed and complete restoration plan for the crossing identified as Temporary Crossing #2 The
details should include a step by step construction sequence that clearly indicates how the crossing is to be
restored to natural conditions It should include details for the dewatering techniques (if necessary) appropriate
equipment to be utilized and methods to be used The detail should clearly indicate the limits of disturbance and
provide plans and details for the restored stream dimensions It should also include appropriate erosion and
sediment control measures to be used during construction and a vegetation plan for the disturbed area
Documentation should be clear and detailed enough to provide instructions to contractors who may not be
knowledgeable of the site conditions and regulatory requirements
Thank you for your attention to this matter If the Division does not receive a satisfactory response to this Notice of
Violation and Request for Additional Information within 10 days of receipt this Office will immediately return your Pre
Construction Notification as incomplete and send a Recommendation for Enforcement to the Director of the Division of
Water Quality regarding these issues and any future /continued violations that may be encountered Your above
mentioned response to this correspondence will be considered in this process This office requires that the violations as
detailed above be abated immediately These violations and any future violations are subject to civil penalty assessment
of up to $25,000 00 per day for each violation Should you have any questions regarding these matters please contact
this Office at [phone]
Sincerely
W Corey Basinger
Water Quality Regional Supervisor
Winston Salem Regional Office
cc John Thomas US Army Corps of Engineers — Raleigh Regulatory Field Office (via email)
Mack Summey Summey Engineering (via email)
DWQ WBSCaP Unit
DWQ Wetlands 401 Unit DWQ# 11 1115
DWQ WSRO SWP