20070996 Ver 1_401 Application_20070607

r

TERRY E. ALLEN, ENGINEER
Post Office Box 103
Rosman, North Carolina 28772
Phone [phone] Fax [phone]
May 30, 2007 PAYMEN~i
RECEIVED
SUBJECT: DWQ Notice of Violation for Manuel DeJuan Residence, Lots 7 & 8 Big
Sheep Cliff Subdivision, Cashiers, Jackson County, North Carolina
Roger C. Edwards
Regional Supervisor p Lei ~ ~ ~~~
NC Division of Water Quality
2090 U.S. Hwy 70 0 7 , ®9 9 ~ JUN 7 ZU07
Swannanoa, NC 28778
AENR - YVA7cii QUAi.i ~~~'
WETLAN0,4 q,"iD STOR~41N4TER RRAhCH
Dear Mr. Edwards:
This is in response to your letter dated Apri126, 2007 concerning the Notice of
Violation (NOV) for the subject project. I have been retained by the property owner, Mr.
Manuel DeJuan, to prepare a mitigation plan for the conditions outlined in the NOV. A
copy of our mitigation plan is attached for your review. The disturbances included the
construction of two earthen dams on an unnamed tributary to the Horsepasture River,
class c-trout waters of the State. The stream has been impounded at two locations and
some off-site sedimentation has occurred. A trout buffer zone disturbance exceeding ten
percent of the total length of the buffer zone within the tract has occurred without a
variance. Permits were not obtained prior to beginning work.
This plan has been prepared "after the fact" and is intended to stabilize and mitigate
the existing disturbances. This includes sedimentation and erosion control measures and
improvements to the existing earthen dams to address dam safety issues. The total
disturbed area is not expected to exceed 0.75 acres. The trout buffer zone disturbance is
approximately 3501inear feet. The total length of stream impacts (i.e., trout buffer
disturbance plus off-site sedimentation) is approximately 485 linear feet.
This plan along with the respective permit applications will be submitted to the
applicable permitting agencies. If you have any questions, please do not hesitate to
contact me.
Sincerely
~'-'~
Te .Allen, P.E
C lting Engineer
Attachments

CC w/ attachments:
401 PERMITTING
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
TROUT BUFFER VARIANCE
Gray Hauser, PE
State Sedimentation Specialist
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
FISH & WILDLIFE PERMITTING
David McHenry
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801

7 copies of Plan
7 copies of NOV
7 copies of 401/404 PCN Application Form
Check for Application Review Fee ($475.00)
1 copy of Plan
1 copy of NOV
1 copy of Plan
1 copy of NOV
1 copy of 401/404 PCN Application Form
USACE PERMITTING
Asheville Regulatory Field Office 1 copy of Plan
US Army Corps of Engineers 1 copy of NOV
151 Patton Ave, Room 208 1 copy of 401/404 PCN Application Form
Asheville, NC 28801-5006
SEDIMENTATION & EROSION CONTROL
Robbie Shelton 3 copies of Plan
Jackson Co. Erosion Control
401 Grindstaff Cove Road
Suite A-255
Sylva, NC 28779
INFORMATION COPY
Janet Boyer, PE
NCDENR Land Quality
Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778
INFORMATION COPY
J. Edwin Henson
Henson & Black, PLLC
P.O. Box 386
Ten Chestnut Square
Cashiers, NC 28717-0386
3 copies of NOV
3 copies of Financial Responsibility Ownership Form
Check for Review Fee ($50.00)
1 copy of Plan
1 copy of NOV
1 copy of Plan

PAYMENT
o z° 0 9 9 6 RECEIVED
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NSA".)
I. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit ^ Riparian or Watershed Buffer Rules
Section 10 Permit ^ Isolated Wetland Permit from DWQ
401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 1, W ~ 9
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. A licant Information ~ ~~~ ~~
Pp
1. Owner/Applicant Informatiq~n JiJN '] 2007
Name: J~~r1V EL 1~E~V I~tJ _ ; Y
Mailing Address: • O • X 2 0 VVIrTLAND.gA~NDSTORMsNATERBRANCN
cast~«.~.s, c Z $ ~ ~ ~
Telephone Number: 82 -3 `f'z- `/'9 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: "T^E'R.'R-y ~ . a Lt-1ctJ __
Company Affiliation: "T• E • A L~ErJ ENG l t3E~lZt >J G, W~
Mailing Address: ~• ~• I~. Ox /d3
1~sr>7 ~ nl ~N ~ ,2$ ~ 7 Z
Telephone Number: $2g-877-'~ g~3 Fax.Number: $~ 8' 8 77 - ~
E-mail Address: -~-ea ~ leN e.-vq @ c l+co vv~ .k1/~'~
Page5of12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: ~A~ U E L ~ E~'i1 ~ ~ ~l`S t~E N C E.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7a `7~ _ 2 `t - J 4 ~ ~ ~ 7 J '~L - Z ~ - ~~ ~ ~}
4. Location
County: ~iA C.`KSb r~, Nearest Town: C. ~ ~ H1 E`~S
Subdivision name (include phase/lot number): ~~TS `7 ` ~, $ - G s N E E P C. LJ E F
Directions to site (include road numbers/names, landmarks, etc.): F7Zo m CASt~I EQS
T~ ~L ~__ N W') I 0 `7 t~ Fn ~ ©, ~ ~ ~ . "'~1 G t-~~ D r~'ca 'Bi G S~ E E. P
C U F F `fL~D . G p O,~ M 1, ~'e~v Eu.3~y o rJ ~1=1 ~ NT .
5.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N
6. Property size (acres):
'7
7. Name of nearest receiving body of water: T"1 b'~`~ E'{ r~S i c~ 2~ ~ ~~/ E~
8. River Basin: S R~ ~ n1 tl 1'~ 1•~
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Ex~S~r~aG CpHb~°rJ~rJS i~C~.~%t~E S"`EE~
~'t'b'?DGQAQ~~ r9n-'t~ CL+95S C= Tizdu-r GJrgTE`ZS. G En-E'~~1L L~}-N D
USE IS "f~ES~ DFns-r-,4L.
attach a sheet that
oW
Page6ofl2

10. Describe the overall project in detail, including the type of equipment to be used: C'R E ~ _ ~
Two ~Ow~DS lay 2rn{'~V~~coJG S'~-EeRr~ ~4ryD COr.1S"i 'JC.T~r~G
11. Explain the purpose of the proposed work: C'R E~~ r E. '~'w o ~2.DV~-t" ~~ AS
1q-'T STL~iA w~. 61.1 ~fZESi DEn!?l14L t~lZO (~~GL-TY
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. W o2Y_ NHS S'T-~~--~' ~D W ~Tt-~~yT o 1~i'r4 ~vJ I N G
I~ECLVV~CTS . ~ I~ D'T~ LE - D ~ - U~ 0 r-v4Ti vn/ F2urK b~ Q I-~-~45 faE f=~
ss~~a .
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
~ ~-r~~r. -~Trr~ - F,~ ~T t`~~~+ ~'m N ~ i s ~ ~ 1~'rzt~GR Es s . No F~TuR E G~o2 K
`i3~ypN~ TN-~}-`C 1~ESC7z~1~L~ a n- -'1'!-~i= S r i F fi LRN
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: ~i-1~ ~/'Y1 PACTS ~ o LL.
/NC~~~DE CDNSTjLSC-'~iON Q F ~TwO ft>~Gz-~rFEN ~/~rvlS `T~
C7ZEr4TE `r~0 Sr'Y)~4LL /~ONbS /~ l~} ~Fg~'N>tJ-19L S~REArYIr
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet) Area of
Impact
(acres)
i ilnl N ~ rv`6b ~ ~~- ~o ~ ~ ~~ENNI ~ ~ ~ ~" $ 7 e3,13
2 » VP ~~- ~Dan~ ~' b 0 O ~ d Z
3 s-r~~ `Ino~.. ~~ ~~ 3~ o•a i
~~ LUWER ~oN~D ,• '~ ~ZU O ~ 1T
.S -~ LowF`R l7amn (,~ a7• b2

Total Stream Impact (by length and acreage) '3 $ 6 . ~(~
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): d . ~ (~
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) d ~ ~
Total Stream Impact (linear feet): 3
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ~ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): EA~e.-~-~E,•, ~~'M
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): igESl'f-IE~1 ~ ,~ TJZa~"` `-'t oiJ~
Current land use in the vicinity of the pond:
Size of watershed draining to pond: C Lib /~ ~ Expected pond surface area: c7 ~ 3 pC7z1;S
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. ~ ~ E '7y ?HE S i ~ Ep
'T~'~o G e ~t Pt+~,. :TT 1.tJ-9s hl ©T ~ F ~4S 13 ~ E Ta C o rv s~r2~ tti- ~o ~ ~ S
~~S'~C.~v~'r To 5i2E/FVVI. !H>< STffBjtliR-~Tior~ ~ IrvC`J~AES ONZ,
VJp fLk NEC~SSA-R~( '"jb S~aB~~~$E Ti-rG SrTE ,
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical .Guide for Stream Work in North Carolina, available at
httpa/h2o.enr state.ne.us/ncwetlands%strmgide.htmt.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
~Emo~E OFF-Sf'-E SED)V-11;N'"i" IN' 14N~ ~}Lan1G ~ ~GzEr4N-
©~ 141 ~i/{ (..E~SZ" ~OPE2°c~f . 6F~-s ATE SE•D, i'r) ~n~7"i9-~T'io~
occ v ear i~ Dv ~ f~ C ~,~ s ~rrL~ c ~-, b r/ ~ F ~,~~-~-r+En~ ~D~- rn s ,
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.ushvrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No `®
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi liers.
* Impact Required
Zone ,_______ ~ ,~ Multiplier *,~;,;~~,;~~
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. ~Nl 5 (.u oiZ K W i ~L t-} !4-V E
M~N~ma>_ zmPE~vca~s ~C'1ZE~GE .
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
~SyD~NCE WILL 3~5. S~dE`~ l3~ ~l SEF'~tc-T-4evJC [FFLu~NT
~J M P 5~X s S ~ (~ ~~ Wr-C i-~ ~ -S f I rt ~~ 14 ~ iJ ~I E L~ .
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ~ No ^
Is this an after-the-fact permit application? Yes '~ No ^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No ^
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httpa/h2o.enr.state.nc.us(ncwetlands. If no, please provide a short narrative description:
SSE ~'D W Q YJ o--r ~ C. E -_ ~ ~- - U ~ 0 1_ /~-~-t-r o rJ
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits: However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
S ~~ I~-~c-C A-C. ~t~b . }~- Lf}~ti S
~ _ <-G
~i~plicant/Agent's Signature Date
(Agent's s gnature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

•- s
~0,~0~ WAr~9oG ~ 1 J ~ Michael F. Easley, Governor
(ij q wtlham G. Ross l'r., $epTetary
.~
~ Nonh Carolina >;kpattzr~eat of Enviraoment and NaLirnl Resources
Q 'C Alan W. Klimdt, P.E. Director
Division of Water Quality
April 26, 2007
CERTIFIED MAl 0 7 -- 0 9 9 6
RETURN RECEIPTS. REQUESTED 7006 2150 0005 2459 5793
Mr. Manuel DeJuan PAYMENT
Post Office Box 2908
Cashiers, North Carolina 28717 ~ RECEIVED
Subject: Notice of Violation
Notice of Recommendation for Enforcement
Jackson County, North Carolina
Dear Mr. DeJuan:
The Asheville Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The
situation occurred on property off Big Sheepcliff Road and involved modification and filling (including
installation two dams) of a stream. Modification and filling of the stream resulted in violation of state
law found at Section 143-215.1 of the General Statutes of North Carolina [discharge without a
p®rmit] plus violations of Title 15A North Carolina Administrative Code 28.0211(2) [loss of best.
usage] and 2B.0211 3 c) [settleable solids violation]: Additionally, if the United States Army
Corps of Engineers determines that activity on the site necessitated a 404 Permit from the Corps, a
violation of Title 15 North Carolina Administrative Code 2H.0500 would also exist. The subject
stream is an unnamed tributary to the Horsepasture River, class c-trout waters of the State. The
Division of Water Quality made observations on April i8, 2007.
Section 143-215.1, General Statutes of North arolina -The referenced section of State Law
mandates that no person, without having received a permit, °make any outlets info the waters of the
State ...or ...cause or permit any waste, directly or indirectly, to be discharged to or in any
manner intermixed with the waters of the State in violation of the water quality standards applicable
the assigned classifications ...unless allowed as a condition of any permit, special order or other
appropriate instrument issued by the Gommission. " (emphasis added). Observations and
measurements made on the property revealed sediment in an unnamed tributary to the
Horsepasture River sufficient to establish violations of State water quality standards- ~ Consequently
violation of the cited General Statute occurred as a result of sediment discharges and .intermixing.
Section ~2B.0211(2) of Title..15A North Carolina Administrative Code,~15ANCAC) -The cited section
describes the water quality standard for best~usage and loss.of best usaae.~~~Sediment from
No~rthCar~ i
,Natura~~y
Nonh Carolina Division of water Quality 2090 U•S. Highway 70 Swannanos, NC 28778 Phone [phone] Cusoorner Service
In6emet www.ncwaterquelity.org FAX [phone]
An Equal Opportunity/A(fitmative Action Empbyer - 50% ReCyded110°k Post Consumer Paper
l 'd 6560 '~N
Wd80 ~ I ! LOOT '0~ '" del

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Mr. Manuel DeJuan
April 26, 2007
Page 2
land disturbing and fill activity had entered class c-trout waters of the State and accumulated to
depths up to 12 inches, in violation of the referenced portion of the Administrative Code.
Additionally, the two ponds had removed best usage of the stream segments that existed prior to
construction of the ponds. The impacted segment of unnamed tributary to Horsepasture River
totaled approximately 485 feet in length.
15ANCAC 2B.0211 3 c -The water quality standard for settleable solids is established at the
specified section of the Administrative Code. Settleable solids deposits up to 12 inches in depth
impaired a segment of an unnamed tributary to Horsepasture River and made the water unsafe or
unsuitable for aquatic life and other designated uses.
15ANCAC 2H. 500 -The United States Army Corps of Engineers (determines the need for dredge
and fill permits) will be asked to investigate the site to determined activities observed by the Division
of Water Quality would have required a 404-Permit from the Corps of Engineers. If so, the Division
of Water Quality will be including enforcement recommendations for failure to secure the State's
401-Water Quality Certification that is required in conjunction with the Corps' permit-
If you have an explanation for the described violations that you wish to present, please respond in
writing within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration.
If there are questions concerning this matter, please contact Mr. James Reid at 828/296-4651.
Sincerely,
~ ~ ~"~~
Roger C. Edwards, Regional Supervisor
Surface Water Protection
xe: Point Source Compliance/Enforcement Unit
US Army Corps of Engineers
Jackson County Sediment and Erosion Control
Land ©uality Section
E 'd 6560 '~N
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