20200816 Ver 1_NOV-2020-PC-0323_20200727

DocuSign Envelope ID: 602E1426-474D-459C-B2DO-B67BED44568F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
July 27, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jeff Justus
303 S. Church Street
Hendersonville, North Carolina 28792
Return Receipt #
7019 1640 0000 1354 4719
NORTH CAROLINA
Environmental Quality
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Justus Development (DWR#20200816)
NOV-2020-PC-0323
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Henderson County
Required Response Date: August 27, 2020
Dear Mr. Justus:
On July 22, 2020, Kaylie Yankura from the Asheville Regional Office of the Division of Water
Resources (DWR) and Andrea Leslie from the North Carolina Wildlife Resources Commission
conducted a site inspection at your property located off Old Spartanburg Road in Hendersonville
(Parcel Identification Number 9578510342). The purpose of the site inspection was to evaluate
proposed stream impacts included within a 401 Water Quality Certification application received
by this office on June 19, 2020.
During the site inspection, an unnamed tributary to King Creek, classified C, was observed to
have been impacted by sediment deposition from an erosion control failure on your property.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC
02B .0211 (12) — An undetermined length of an unnamed tributary to King Creek,
classified C, was impacted by sediment deposition measured to be at least 4 inches in
NORDE
fl.pabn.nt 0 Environmentai duality
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 2090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 602E1426-474D-459C-B2DO-B67BED44568F
Justus Development
NOV-2020-PC-0323
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depth throughout the stream reach, representing Water Quality Stream Standard violation
of 15A NCAC 02B .0211 (12).
II. Removal of Best Usage — 15A NCAC 02B .0211 (2) — Title 15A NCAC 02B .0211 (2)
requires that "The waters shall be suitable for aquatic 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." The sediment deposition with the
unnamed tributary of King Creek represents a removal of use.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by August 27, 2020. 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 these efforts
with Rick Brooks with Henderson County Erosion Control. Contact our office
immediately if additional sediment from your site is discharged to streams and/or
wetlands.
2. Please submit the following documents for review and approval:
a. Sediment Removal Plan - Sediment impacts to the streams onsite and downstream
of the site must be removed. As a part of this plan, you should provide the amount
(depth) of material that has been deposited in the stream. This information should
be depicted on a map you provide. It is recommended that you use hand labor
(buckets, shovels, and wheelbarrows) to remove deposited sediment from the
channel. The sediment should be removed from the channel, taken to high ground
away from the stream channel a minimum of thirty feet, and stabilized. The plan
must address the measures that will be used for temporary stabilization/sediment
control while this work is under way. It is recommended that you secure a
consultant experienced in stream restoration to assist you with your plan
development, onsite supervision of sediment removal activities, and authorization
necessary to achieve compliance.
b. Please include in your response a detailed schedule with dates explaining when
the restoration will be accomplished. Once the work is complete, a final report
documenting the results of the restoration should be submitted to Kaylie Yankura.
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,

DocuSign Envelope ID: 602E1426-474D-459C-B2DO-B67BED44568F
Justus Development
NOV-2020-PC-0323
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rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
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,
—DocuSigned by:
CMC
.-7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Rick Brooks — Henderson County (email copy)
David Brown — USACE (email copy)
Andrea Leslie — WRC (email copy)
Joel Lenk — Quibble & Associates (email copy)
DWR ARO file
DWR 401 & Buffer Permitting Branch file
G:\WR\WQ\Henderson\401s\Non-DO"Nustus Development\20200727 JustusDevelopment NOV2020PC0323.docx