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Home My WebLink About20190189 Ver 1_CEC Sediment Removal Report_20210205DocuSign Envelope ID: 51E9706C-6A27-495A-A8B9-266E46E5DFE5 CLerWaer ClearWater Environmental Consultants, Inc. www.cwenv.com February 5, 2021 Mr. Andrew Moore NC Division of Water Resources 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation and Recommendation for Enforcement Lance Road Subdivision (DWR Project No. 20190189) NOV-2020-SS-0017 Buncombe County, North Carolina Dear Mr. Moore, Please reference the "Notice of Violation" (NOV) letter dated August 28, 2020 (Attachment A) sent by the NC Division of Water Resources (DWR) in response to a site visit conducted on August 26, 2020. The subject property is located in Buncombe County, North Carolina (Figure 1). The NOV cites sediment impacts to a UT of Avery Creek (Class B). ClearWater Environmental Consultants, Inc. (CEC) conducted an initial site evaluation on September 29, 2020. A remediation plan was submitted by Advantage Civil Engineering on October 14, 2020 and approved by the DWR on October 16, 2020. The pockets of sediment ranging 2-8 inches deep were removed from the unnamed tributary to Avery Creek (+/- 565 linear feet) by hand via the use of shovels and buckets. Following sediment removal efforts, CEC revisited the site on February 4, 2021. It is the opinion of CEC that sediment remediation activities are complete. Representative before and after photographs of the site are included in this report (Attachment B). Please do not hesitate to contact us at 828-698-9800 if you have any questions or comments. Sincerely, DocuSigned by: 2. UDC '2 ML 0A79F7DC85EE4F7... Britten Yant, P.W.S. R. Clement Riddle, P.W.S. Biologist Principal 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Hill Subdivision (Victoria Hills) +/- 36.5 AC 19 .'�� \ 191 W (J iFVIe.\\� 112 n Rd CJm C,nas� w. Ridge Y�J Legend [— ; Project Boundary Drawn by: BWY 2.5.21; CEC Project# 1134 fn4 Rd ,et4 : Grosµ '` � P o pee, par Rd Wry st y9 -o R- n n co 146 Vail elf p is J.4. \r e.` Okk o High Vista Country i- o Club oPO'grrd9a 4 Vista Dr O o\d co�c Ra Ry a x r f Nvi+9 o 0 0 d0 • a. is 0'‘ 191 i25: .Keck Ilir� Biltmore Forest . ," . be) Blue Project Boundary 146 Bridge 280 Fd L25� M��la :c Buncombe Asheville Regional +!�•. Airport `�% Q4 Broadmo Golf Links Henderson lisp Bridge Rd Arri0n o. 1 0 f ce®8��v� a e \\i25� Car,. a' G a 0 U i a c 0 Fletcher Buncombe County, North Carolina CLearWater Vicinity Map Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Hill Subdivision (Victoria Hills) +/- 36.5 AC Project Boundary Legend Check Dam - Approximate Stream Culvert Sediment Removed Approximate Wetland [1111 Project Boundary Conturs 4ft Drawn by: BWY 2.5.21; CEC Project# 1134 Sediment Removal Summary: +/- 565 Linear Feet of UT-2 Pockets of Sediment Ranging 2-8 inches Deep Removed Begin Removal t, • Buncombe County, North Carolina CLearWaLer 145 7th Avenue West, Suite B Hendersonville, NC 28792 Sediment Removal Location Map Figure 2 DocuSign Envelope ID:51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Attachment A Notice of Violation (Dated August 26, 2020) DocuSign Envelope ID:51E9706C-6A27-495A-A8B9-266E46E5DFE5 '��;�ATf��yl ROY COOPER 6 a Governor �„ MICHAEL S.REGAN , " .�a ON ,- Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality August 28, 2020 CERTIFIED MAIL 7019 1640 0000 1354 4801 RETURN RECEIPT REQUESTED Lance Road Holdings, LLC Attn: Viktor Matuiychuk 10 Woodberry Lane Asheville,NC 28806 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Lance Road Subdivision(DWR Project No. 20190189) NOV-2020-SS-0017 Stream Standard Violation—Other Waste (In-stream sediment) Stream Standard Violation—Removal of Best Usage Wetland Standard Violation 401 Water Quality Certification(WQC) Conditions Buncombe County Required Response Date: September 30, 2020 Dear Mr. Matuiychuk: On August 16, 2019, the Division of Water Resources (DWR) issued a 401 Water Quality Certification approval to Lance Road Holdings, LLC for stream and wetland impacts associated with culvert installations for road crossings associated with the Lance Road Subdivision. On August 26,2020,Andrew Moore from the Asheville Regional Office of the DWR conducted a site inspection of the Lance Road Subdivision project. The site inspection was initiated in response to notification from the Buncombe County Planning Department of violations of Buncombe County's soil erosion and sedimentation control ordinance within the project limits. Art Bayluk was present during a portion of the inspection. During the site inspection, the reinforced concrete box culvert installed on an unnamed tributary (UT) of Avery Creek (Classified B), referred to as UT-1 in the Pre-Construction Notification (PCN) submitted to DWR for the project, was observed to have been incorrectly installed. The culvert was not embedded in the streambed at the lower end of the culvert and was perched above the streambed approximately seventeen inches. Sediment deposition measured up to eight inches in depth was observed in a second UT of Avery Creek, referred to as UT-2, as a result of erosion and sediment control failures. Sediment deposition measured up to four inches in depth was observed in the wetland adjacent to UT-2 from erosion and sediment control failures. - A ANsohrteh Cna partment ro Qu I Division ResourcesvOry rN cx.,-).itivvv,��J// ville RaroliegionalDe Office 2090ofEnvi U.S.nmental Highway 70 Iality Swannanoa,NorthofWater Carolina 28778 � 828.296.4500 DocuSign Envelope ID:51E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Road Holdings, LLC August 28,2020 Page 2 of 5 As a result of the site inspection and file review, the following violations were identified: VIOLATIONS I. Other Waste (In-Stream Sediment)— 15A NCAC 02B .0211 (12)—Title 15A NCAC 02B .0211 (12) requires that"Oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses."Approximately 250 feet of a UT of Avery Creek(Class B)was impacted by sediment deposition measured up to 8 inches in depth. 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 life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution that 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 within the stream channel results in a removal of use. III. Wetland Standard— 15A NCAC 02B .0231 (c)—Title 15A NCAC 02B .0231 (c) requires that (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which cause adverse impacts on existing wetlands uses: (6)Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent detrimental impacts on: (F)Water levels or elevations. The sediment deposition within the wetland is a fill that adversely impacts the wetland use and water levels within the wetland. IV. Lance Road Holdings, LLC submitted a PCN on February 8, 2019. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 29 and the corresponding General Water Quality Certification 4139. DWR issued an approval letter for the impacts on August 16, 2019. 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 subsequent file review: 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 this Certification without written authorization. DocuSign Envelope ID:51E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Road Holdings, LLC August 28,2020 Page 3 of 5 Condition II.5. When applicable, all construction activities shall be performed and maintained in full compliance with GS. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Condition II.11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. REQUIRED RESPONSE Accordingly, you are directed to respond to this letter by September 30, 2020. Your response should be sent to the attention of Andrew Moore at the footer address or Andrew.W.Moore@ncdenr.gov and should include the following: Stream and Wetland Standard Violations 1. Please explain why these impacts occurred without prior authorization. 2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams and wetlands) on the site. This documentation should describe and quantify the impacts to those jurisdictional features,and should include plans to avoid further stream and wetland impacts on the site. 3. 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. This office recommends you secure an environmental consultant experienced in stream restoration to assist you with developing your Plan. The Plan should include: • The amount(depth) of material that has been deposited in the stream and wetland. 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 streams. • 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 and wetland. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. DocuSign Envelope ID:51E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Road Holdings, LLC August 28,2020 Page 4 of 5 • 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 works is complete,a final report documenting the results of the sediment removal activities should be submitted to Andrew Moore. 401 Water Quality Certification Condition Violations: 1. Condition II. 2.-Submit the Sediment Removal Plan. 2. Condition II.5.-Implement all measures required by the Buncombe County Planning Department to bring the site into compliance with their soil erosion and sedimentation control ordinance. 3. Condition II.11. —Explain how you are going to bring the reinforced concrete box culvert into compliance with the noted condition. DocuSign Envelope ID:51E9706C-6A27-495A-A8B9-266E46E5DFE5 Lance Road Holdings, LLC August 28,2020 Page 5 of 5 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. 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 Andrew Moore at(828) 296-4684 or Andrew.W.Moore@ncdenr.gov. Sincerely, DocuSigned by: 7E617A38285848C... G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Amanda Jones—US Army Corps of Engineers (via email) Jason Guess—Buncombe County Planning Department (via email) Andrea Leslie—North Carolina Wildlife Resources Commission(via email) DWR ARO file DWR 401 &Buffer Permitting Branch file G:\WR\WQ\Buncombe\401s\Non-DOT\Lance Road\NOV\20200828_LanceRoadSubdivision NOV2020SS0017.docx DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Attachment B Representative Photographs DocuSign Envelope ID: 51E9706C-6A27-495A-A8B9-266E46E5DFE5 Photo 1: Flag S 1, 4 inches of sediment accumulated in stream bed. To be removed. View downstream. Photo 2: Flag S1, 4 inches of sediment removed from stream bed. View downstream. DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Photo 3: Flag S2, 6 inches of sediment accumulated on bank. To be removed. View upstream. Photo 4: Flag S2, 6 inches of sediment removed from bank. View upstream. DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Photo 5: Flag S2, 6 inches of sediment accumulated on bank. To be removed. View toward left bank. Photo 6: Flag S2, 6 inches of sediment removed from bank. View toward left bank. DocuSign Envelope ID: 51 E9706C-6A27-495A-A8B9-266E46E5DFE5 Photo 7. Flag S4, 5 inches of sediment accumulated in stream bed. To be removed. View upstream. Photo 8. Flag S4, 5 inches of sediment removed from stream bed. View upstream. DocuSign Envelope ID: 51E9706C-6A27-495A-A8B9-266E46E5DFE5 Photo 9. Super silt fence and straw matting installed in order to stabilize the site and prevent the discharge of sediment to streams and wetlands. Photo 9. Super silt fence and straw matting remain in place to prevent the discharge of sediment to streams and wetlands.