20190986 Ver 1_NOV-2019-OP-0006_20210527

June 25, 2019

CERTIFIED MAIL #7011-1570-0001-8546-4808
RETURN RECEIPT REQUESTED

Robin Walker
468 Cedar Cove Ln
Fleetwood, NC 28626

Subject: NOTICE OF VIOLATION
NOV-2019-OP-0006
Parcel Number: 15239204008
Ashe County

Dear Robin,

On June 12, 2019 Kelli Park, Sue Homewood and Tim Latham, of this office, conducted a site
inspection of the above referenced property in response to a complaint. During the inspection,
the Division staff observed that sediment has been washed into a wetland, stream, and pond
below the subject property. It also appears that recent grading activities have resulted in a
discharge of fill material into wetlands and streams on the property.

Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection:

1. Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC
02H .0502 states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution
Control Act shall file with the Director of the North Carolina Division of Water Resources.
The file review confirmed that a Pre-Construction Notification has not been received by
the Division of Water Resources for this project and that a 401 Water Quality
Certification has not been issued.
2. Division staff observed sediment deposition had occurred in an unnamed tributary to the
Little Gap Creek and a downstream in-line pond. Impacts were observed immediately
below the recently graded area. The stream impacts noted are a violation of 15A NCAC
02B .0211 (12) which states: “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,
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aesthetic quality, or impair the waters for any designated uses.”

3. Division staff observed sediment deposition had occurred in a wetland below the graded
area. The wetland impacts noted are a violation of 15A North Carolina Administrative
Code 02B .0231(b) which states: “(1) Liquids, fill or other solids or dissolved gases may
not be present in amounts which may cause adverse impacts on existing wetland uses.
Required Response

Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:

1. Immediately take appropriate action to prevent any further sediment deposition into the
stream channel, adjacent wetlands and downstream pond.
2. Contact Tim Latham with the Division of Energy, Mineral and Land Resources at 336-
776-9656 to determine if a sediment and erosion control permit is necessary for the
site.
3. If you wish for any stream or wetland impacts from the grading/fill to remain in place,
you must contact Amanda Jones with the U.S. Army Corps of Engineers (USACOE) at
828-271-7980 x4225 for information on the type(s) of permit required. Depending on
the type of permits USACOE requires, application for a 401 Water Quality Certification
to DWR may be required. Please note that sediment impacts to streams are not
permittable. Alternatively, the area may be restored to pre-construction conditions or
you may propose a combination of permitting/restoration.
4. Upon stabilization of the site and determination of permitting requirements, the Division
may require that the sediment deposition within the stream channel and/or wetlands
below the graded area be removed by hand.
Thank you for your attention to this matter. DWR requires that the violations, as detailed
above, be abated immediately and properly resolved.
Pursuant to G.S. 143-215.6A, the above-mentioned violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for
each violation. Your above-mentioned response to this correspondence will be considered
in any further process that may occur.

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Should you have any questions regarding these matters, please contact Kelli Park at 336-
776-9689 or [e-mail].

Sincerely,

Lon Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources
Department of Environmental Quality

cc: Amanda Jones, USACE Raleigh Regulatory Field Office
Tim Latham, DEMLR
Shelton Sullivan, Wetlands and Buffer Permitting and Compliance Branch
WSRO-DWR