20171192 Ver 1_Notice of Violation (NOV)_20210408

April 8, 2021

CERTIFIED MAIL 7020 1290 0001 1766 8699
RETURN RECEIPT REQUESTED

Whitmire Trucking, LLC
ATTN: Luke Whitmire
232 Old Country Home Road
Brevard, NC 28712

CERTIFIED MAIL 7020 1290 0001 1766 8705
RETURN RECEIPT REQUESTED
Luke and Jodie Whitmire
55 Turbo Drive
Arden, NC 28704

Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Turbo Drive Borrow Site
NOV-2021-PC-0225
DWR #20171192 (Access Road and Creek Crossing for Whitmire Trucking)
401 Water Quality Certification (WQC) Conditions
Stream Standard Violation – Removal of Best Usage
Henderson County
Required Response Date: May 10, 2021

Dear Mr. and Mrs. Whitmire:
On October 5, 2017, the Division of Water Resources (DWR) issued a 401 Water Quality Certification for
the Access Road and Creek Crossing for Whitmire Trucking, which consisted of 30 linear feet of culvert
installation within Line Creek. On April 6, 2021, Kaylie Yankura and Tim Fox from the Asheville Regional
Office of the Division of Water Resources (DWR) conducted a site inspection at your property located at
55 Turbo Drive in Arden, North Carolina (Parcel Identification Numbers 9633823462 and 9633821035).
The inspection was in response to reports of turbidity within an unnamed tributary to the French Broad
River.

During the site inspection, an unnamed tributary to the French Broad River, classified B, was observed to
have been impacted by sediment deposition from grading activities and prior inline sediment basin
installation and removal. Deposited sediment was measured to be 24 inches in depth within the
unnamed tributary.

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Turbo Drive Borrow Site
NOV-2021-PC-0225
April 8, 2021
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As a result of the site inspection and file review, the following violations were identified:

VIOLATIONS

I. 401 Water Quality Certification (WQC) Conditions – Pesterfield Land Resource Conultants, PLLC
submitted a Pre-Construction Notification (PCN) on September 20, 2017 with additional
information provided on October 5, 2017. The impacts were requested under U.S. Army Corps
of Engineers Nationwide Permit 39, and the corresponding General Water Quality Certification.
DWR issued an approval letter for the impacts on October 5, 2017. 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 file review:

401 Water Quality Certification Number 4092 Additional Condition 1. – “The following
impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including
incidental impacts.” Stream impacts from inline sediment basin installation and removal
were not approved within the October 5, 2017 401 Water Quality Certification issued by
DWR.

General Certification Number 4092, 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 the Certification without written authorization.” The
sediment deposition within the stream channel as a result of inline sediment basin
installation and removal is a waste beyond the footprint of the authorized impacts.

II. Removal of Best Usage - 15A NCAC 02B.0211 (2) – The stream impacts from unauthorized fill
are violations of Title 15A North Carolina Administrative Code 02B .0211 (2) which requires that
waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture. Sources of water pollution which preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a water
quality standard.

REQUIRED RESPONSE

Accordingly, you are directed to respond to this letter in writing by May 10, 2021. Your response should
be sent to this office at the footer address or via email to [e-mail] and include the
following:

1. The site must be stabilized immediately, and/or proper erosion control measures installed to
prevent ongoing and continuing sedimentation impacts. Please coordinate with the NC Division
of Energy, Mineral, and Land Resources. Contact our office immediately if additional sediment
from your site is discharged to streams and/or wetlands.
DocuSign Envelope ID: 11E01734-FBE1-49ED-8558-23D4ACC177E1

Turbo Drive Borrow Site
NOV-2021-PC-0225
April 8, 2021
Page 3 of 4

2. Please explain why these impacts occurred without prior authorization.

3. Please submit a Sediment Removal Plan to this office for review and approval. The Sediment
Removal 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 Sediment Removal Plan. The Sediment Removal
Plan should include:

 The amount (depth) of material that has been deposited in the stream. 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 stream.

 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.

 A proposed schedule with dates that indicate when you expect to begin and complete the
removal of sediment.

 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 work is complete, a final report documenting the results of the sediment removal
should be submitted to Kaylie Yankura.

4. Please Submit a Stream Restoration Plan to this office for review and approval. The Stream
Restoration Plan must provide details regarding: how the stream channel will be restored to its
previous pattern, profile, and dimension; how the streambanks will be restored and stabilized;
and how the buffer along the streambanks will be restored. The Stream Restoration Plan must be
approved by DWR before being implemented. The Stream Restoration Plan must also include the
measures that will be used for temporary stabilization and sediment control while this work is
under way. Once the restoration is complete, you must notify this office so that a follow-up
inspection may be conducted. This office recommends you secure an environmental consultant
experienced in stream restoration to assist you with developing your Stream Restoration Plan

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.

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Turbo Drive Borrow Site
NOV-2021-PC-0225
April 8, 2021
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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 Kaylie Yankura at (828) 296-
4685 or [e-mail].

Sincerely,

G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

ec: David Brown – USACE
Andrea Leslie – WRC
Stan Aiken – DEMLR
Shawna Riddle – DEMLR
DWR 401 & Buffer Permitting Unit file
DocuSign Envelope ID: 11E01734-FBE1-49ED-8558-23D4ACC177E1