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Home My WebLink About20201445 Ver 1_Sediment Removal Report_20210708DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 aLer C1earWater Environmental Consultants, Inc. www.cwenv.com July 8, 2021 Ms. Kaylie Yankura NC Division of Water Resources 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation and Recommendation for Enforcement Agriculture Vertical Farm NOV-2021-PC-0273 Henderson County, North Carolina Dear Ms. Yankura, Please reference the "Notice of Violation" (NOV) letter dated May 7, 2021 (Attachment A) sent by the NC Division of Water Resources (DWR) in response to a site visit conducted on May 6, 2021. The subject property is located in Henderson County, North Carolina (Figure 1). The NOV cites sediment impacts to an unnamed tributary (UT) to the Green River (Classified C, Trout). C1earWater Environmental Consultants, Inc. (CEC) conducted an initial site visit on May 25, 2021. A remediation plan was submitted by CEC to DWR and approved on May 25, 2021. Following sediment removal efforts by Ed McCammon, CEC revisited the site on July 6, 2021. It is the opinion of CEC that sediment removal 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: DocuSigned by: 2. u�r tZiaal, AE92310EDC6E42D... OA79F7DC85EE4F7... Britten Yant, P.W.S. R. Clement Riddle, P.W.S. Biologist Principal CC: Stan Aiken — DEMLR (via email) David Brown — US Army Corps of Engineers (via email) Andrea Leslie — North Carolina Wildlife Resources Commission (via email) 145 7' Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Pot Shoals Road (+/- 21 AC) �a East a'�� \ O` ti%ah� Flat <, Y J7GA Rock E K'm9 SI J �4 v .p m G Olde Jordan St Tabor Rd 6°6�a w e�t,elp rc `Oa t Foy" C ROb PAR � ry c 1 Fox \-n I �_S , -Yy a� � A .r ud A O Z� 01. ry Zirconia on 112 C �a sipY r� Rd �a 5,tih N Lade \� 0a Lake Summit u_ Wald G,o o� C 4 a O 01 S BB�k C /der ree4- a ,"ch General "ol?" �a 0 a 0 ed 0� Parcel Boundary 03 iq ,o n I SIP I: i �,ar\a�hur9 Ra I I I I Co'-src arc I face N Z a ro a Legend I Parcel Boundary 0 0.5 1 2 Drawn by: BWY 5.19.21; CEC Project# 1195 Miles Henderson County, CLearWater Site Vicinity Map North Carolina Figure 1 145 7ih Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Pot Shoals Road (+/- 21 AC) DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Attachment A Notice of Violation (Dated May 7, 2021) DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 7, 2021 CERTIFIED MAIL 7019 0700 0000 8867 6678 RETURN RECEIPT REQUESTED Torino Ltd. Attn: Edward McCammon 110 Edney Street Hendersonville, NC 28792 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Agriculture Vertical Farm NOV-2021-PC-0273 DWR #20201445 (Agriculture Vertical Farm) 401 Water Quality Certification (WQC) Conditions Stream Standard Violation — Other Waste (In -stream Sediment) Stream Standard Violation — Removal of Best Usage Henderson County Required Response Date: June 7, 2021 Dear Mr. McCammon: On January 7, 2021 the Division of Water Resources (DWR) issued an After -the -Fact 401 Water Quality Certification for a stream crossing associated with the subject project, which consisted of 58 linear feet of culvert installation within an unnamed tributary to the Green River. On May 6, 2021, Kaylie Yankura from the Asheville Regional Office of the DWR conducted a site inspection at your property located at 58 Pot Shoals Road in Saluda, North Carolina (Parcel Identification Number 9586607295). The inspection was in response to reports of a failed retaining wall and sedimentation to an unnamed tributary to the Green River. During the site inspection, an unnamed tributary to the Green River, classified C, Trout, was observed to have been impacted by sediment deposition and debris from a retaining wall failure associated with an access road on the property. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS 401 Water Quality Certification (WQC) Conditions — A Pre -Construction Notification (PCN) was submitted on December 24, 2020 per Required Response #3 of a Notice of Violation issued by D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N.`)WTH ^ARC]'_ INA oePew"°" 0 Ity 828.296.4500 DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 2 of 4 DWR on August 25, 2020 (NOV-2020-CV-0009). The PCN requested after -the -fact approval of 58 linear feet of stream impact under a non -notifying U.S. Army Corps of Engineers Nationwide Permit 14, and the corresponding General Water Quality Certification. DWR issued an after -the - fact approval letter for the impacts on January 7, 2021. 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: General Certification Number 4135, Condition 11.2. — "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 a failed retaining wall is a waste beyond the footprint of the authorized impacts. II. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (12) —An undetermined length of an unnamed tributary to the Green River, classified C, Trout, was impacted by sediment and debris deposition throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). III. Removal of Best Usage - 15A NCAC 0213.0211 (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 June 7, 2021. Your response should be sent to this office at the footer address or via email to kaylie.vankura@ncdenr.gov and include the following: The site must be stabilized immediately, and/or proper erosion control measures installed to prevent ongoing and continuing sedimentation impacts and public safety concerns. Contact our office immediately if additional sediment from your site is discharged to streams and/or wetlands. 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: North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N. PTH':AR IINA m E_._0. Uj u�a€i 828.296.4500 DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 3 of 4 • 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. 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 Kaylie Yankura at (828) 296- 4685 or kaylie.vankura@ncdenr.gov. Sincerely, EDocuSigned by: � p� �- 7E617A38285848C... G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: David Brown — USACE Andrea Leslie — WRC Stan Aiken — DEMLR D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N. PTH':ARO INA m 0"Illy 828.296.4500 DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 4 of 4 Natalie Berry— Henderson County DWR 401 & Buffer Permitting Unit file D North Carolina Department of Environmental Quality I Division of Water Resources EQ� Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NCR1l,' CAPOLINA Mof EmioNnenlal puaE 828.296.4500 DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Attachment B Representative Photographs DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Photo 1: Plastic matting before removal from stream bank. Live stakes to be added between November and February. View upstream. Photo 2: Plastic matting has been replaced with coir matting. Live stakes to be added between November and February. View upstream. { @ T,y r 09, yam, DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Photo 5: Flag S2, 2-6 inches of sediment and ABC stone accumulated in streambed. Before removal. View downstream. Photo 6: Flag S2, 2-6 inches of sediment and ABC stone removed from streambed. View downstream. DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Photo 9. Flag S4, 4 inches of sediment accumulated in streambed. To be removed. View upstream. P L r r 9: 0 - Photo 10. Flag S4, 4 inches of sediment removed from streambed. View upstream. DocuSign Envelope ID: 77F5A2CE-DF29-40DE-A8BE-39D4FF716233 Photo 11. Flag S5, 5 inches of sediment accumulated in streambed. To be removed. View upstream. Photo 12. Flag S5, 5 inches of sediment removed from streambed. View upstream. DocuSign Envelope ID: 8E621 CO2-A348-4AE0-8939-C32AD3F8DAF9 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director August 24, 2021 NORTH CAROLINA Environmental Quality CERTIFIED MAIL 70210350 0000 1637 5806 RETURN RECEIPT REQUESTED Torino Ltd. Attn: Edward McCammon 110 Edney Street Hendersonville, NC 28792 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Agriculture Vertical Farm NOV-2021-PC-0428 DWR #20201445 (Agriculture Vertical Farm) 401 Water Quality Certification (WQC) Conditions Stream Standard Violation — Other Waste (In -stream Sediment) Stream Standard Violation — Removal of Best Usage Henderson County Required Response Date: September 24, 2021 Dear Mr. McCammon: On January 7, 2021 the Division of Water Resources (DWR) issued an After -the -Fact 401 Water Quality Certification for a stream crossing associated with the subject project, which consisted of 58 linear feet of culvert installation within an unnamed tributary to the Green River. On August 20, 2021, Kaylie Yankura from the Asheville Regional Office of the DWR conducted a site inspection at your property located at 58 Pot Shoals Road in Saluda, North Carolina (Parcel Identification Number 9586607295). The inspection was in response to reports of a failed retaining wall and sedimentation to an unnamed tributary to the Green River. During the site inspection, an unnamed tributary to the Green River, classified C, Trout, was observed to have been impacted by sediment deposition and debris from a retaining wall failure associated with an access road on the property. This is the second retaining wall failure onsite that has resulted in stream impacts. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CAROLINA oeosmmem m��m�euwwiiry $2$.296.4500 DocuSign Envelope ID: 8E621 CO2-A348-4AE0-8939-C32AD3F8DAF9 Agriculture Vertical Farm NOV-2021-PC-0428 August 24, 2021 Page 2 of 4 401 Water Quality Certification (WQC) Conditions — A Pre -Construction Notification (PCN) was submitted on December 24, 2020 per Required Response #3 of a Notice of Violation issued by DWR on August 25, 2020 (NOV-2020-CV-0009). The PCN requested after -the -fact approval of 58 linear feet of stream impact under a non -notifying U.S. Army Corps of Engineers Nationwide Permit 14, and the corresponding General Water Quality Certification. DWR issued an after -the - fact approval letter for the impacts on January 7, 2021. 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: General Certification Number 4135, Condition 11.2. — "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 a failed retaining wall is a waste beyond the footprint of the authorized impacts. II. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (12) —An undetermined length of an unnamed tributary to the Green River, classified C, Trout, was impacted by sediment and debris deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). III. Removal of Best Usage - 15A NCAC 0213.0211 (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 September 24, 2021. Your response should be sent to this office at the footer address or via email to.kaylie.vankura@ncdenr.gov and include the following: The site must be stabilized immediately, and/or proper erosion control measures installed to prevent ongoing and continuing sedimentation impacts and public safety concerns. Contact our office immediately if additional sediment from your site is discharged to streams and/or wetlands. Please submit a Sediment Removal Plan to this office for review and approval. The Sediment Removal Plan must address removal of accumulated sediment and retaining wall debris 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 D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARO! INA 0aw o,lmE,W talU,A /"� 828.296,4500 Agriculture Vertical Farm DocuSign Envelope ID: 8E621 CO2-A348-4AE0-8939-C32AD3F8DAF9 NOV-2021-PC-0428 August 24, 2021 Page 3 of 4 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 use 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. 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 Kaylie Yankura at (828) 296- 4685 or kaylie.vankura@ncdenr.gov. Sincerely, EDocuSigned by: � p� �'_ 7E617A38285848C... G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: David Brown — USACE D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARO! INA 0aw o,lmE,W talU,A /"� 828.296,4500 DocuSign Envelope ID: 8E621 CO2-A348-4AE0-8939-C32AD3F8DAF9 Agriculture Vertical Farm NOV-2021-PC-0428 August 24, 2021 Page 4 of 4 Andrea Leslie — WRC Stan Aiken — DEMLR Natalie Berry— Henderson County Deb Johnston — Henderson County DWR 401 & Buffer Permitting Unit file D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NVRTH CARP! INA oawromemme�W ei9,aitV /"� 828.296,4500 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF aLer C1earWater Environmental Consultants, Inc. www.cwenv.com May 25, 2021 Ms. Kaylie Yankura NC Division of Water Resources 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation and Recommendation for Enforcement Agriculture Vertical Farm NOV-2021-PC-0273 Henderson County, North Carolina Dear Ms. Yankura, Please reference the "Notice of Violation" (NOV) letter dated May 7, 2021 (Attachment A) sent by the NC Division of Water Resources (DWR) in response to a site visit conducted on May 6, 2021. The subject property located in Henderson County, North Carolina (Figure 1). The NOV cites sediment impacts to an unnamed tributary (UT) to the Green River (Classified C, Trout). The NOV requires responses to several listed concerns. The DWR concerns are addressed below. Required Response 1: "The site must be stabilized immediately, and/or proper erosion control measures installed to prevent ongoing and continuing sedimentation impacts and public safety concerns. Contact our office immediately if additional sediment from your site is discharged to streams and/or wetlands. " In order to stabilize the site, Torino Ltd. has reinforced the failed retaining wall that caused the sediment release to the unnamed tributary to the Green River. Additional erosion control measures installed onsite include wire backed silt fencing, straw slope matting and grass seed applied to disturbed soils. Required Response 2: "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 and wetlands. This office recommends you secure an environmental consultant experienced in stream restoration to assist you with developing your Plan. " C1earWater Environmental Consultants, Inc. (CEC) conducted a site visit on May 19, 2021. During this visit the unnamed tributary was evaluated for sediment impacts. CEC identified and flagged areas of sediment deposition. A Sediment Location Map depicting these locations is included in this report (Figure 2). 145 7' Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: OEEA399O-OC1 F-42F6-8CO9-8DFOE65358BF Page 2 of 2 May 25, 2021 During the May 19, 2021 site visit, CEC observed approximately 197 linear feet of sediment impact within the unnamed tributary to the Green River. The depth of sediment ranged from 2-6 inches deep. Sediment will be removed from the unnamed tributary to the Green River by hand via the use of shovels and buckets. This work is expected to take place over the course of two weeks. Sediment removed will be relocated to upland locations at least 30 feet from jurisdictional water. Sediment will be contained by a silt fence perimeter and a layer of straw seeded with annual rye grass will be applied to all sediment spoil piles. CEC proposes the installation of temporary coir check dams below the impact shown in Figure 2. The check dams placed in the unnamed tributary would trap re -suspended sediment for removal at the end of the project and reduce turbidity levels. This measure would be maintained throughout the restoration process and be removed after final approval by DWR. During the site visit, CEC noted a section of steam below the retaining wall had plastic mesh mating on the stream bank and below the ordinary highwater mark of the unnamed tributary to the Green River. CEC recommends removing this section of plastic matting and replacing it with coir matting. CEC also recommends live stakes be added between November and February on the disturbed stream banks below the retaining wall to further aid with stabilization. Sediment removal efforts, utilizing the aforementioned techniques, will be initiated immediately upon approval by the NCDWR. It is anticipated that sediment removal from the unnamed tributary will be complete within 30 days of NCDWR approval. A final report will be submitted within 30 days of completion of the remediation efforts. Please do not hesitate to contact us at 828-698-9800 if you have any questions or comments. Sincerely, EDocuSigned by: DocuSigned by: AE92310EDC6E42D... OA79F7DC85EE4F7... Britten Yant, P.W.S. R. Clement Riddle, P.W.S. Biologist Principal CC: Stan Aiken — DEMLR (via email) David Brown — US Army Corps of Engineers (via email) Andrea Leslie — North Carolina Wildlife Resources Commission (via email) DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8C09-8DFOE65358BF Pot Shoals Road (+/- 21 AC) �a East a'�� \ O` ti%ah� Flat <, Y J7GA Rock E K'm9 SI J �4 v .p m G Olde Jordan St Tabor Rd 6°6�a w e�t,elp rc `Oa t Foy" C ROb PAR � ry c 1 Fox \-n I �_S , -Yy a� � A .r ud A O Z� 01. ry Zirconia on 112 C �a sipY r� Rd �a 5,tih N Lade \� 0a Lake Summit u_ Wald G,o o� C 4 a O 01 S BB�k C /der ree4- a ,"ch General "ol?" �a 0 a 0 ed 0� Parcel Boundary 03 iq ,o n I SIP I: i �,ar\a�hur9 Ra I I I I Co'-src arc I face N Z a ro a Legend I Parcel Boundary 0 0.5 1 2 Drawn by: BWY 5.19.21; CEC Project# 1195 Miles Henderson County, CLearWater Site Vicinity Map North Carolina Figure 1 145 7ih Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Pot Shoals Road (+/- 21 AC) DocuSign Envelope ID: OEEA399O-OC1 F-42F6-8CO9-8DFOE65358BF Attachment A Notice of Violation (Dated May 7, 2021) DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 7, 2021 CERTIFIED MAIL 7019 0700 0000 8867 6678 RETURN RECEIPT REQUESTED Torino Ltd. Attn: Edward McCammon 110 Edney Street Hendersonville, NC 28792 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Agriculture Vertical Farm NOV-2021-PC-0273 DWR #20201445 (Agriculture Vertical Farm) 401 Water Quality Certification (WQC) Conditions Stream Standard Violation — Other Waste (In -stream Sediment) Stream Standard Violation — Removal of Best Usage Henderson County Required Response Date: June 7, 2021 Dear Mr. McCammon: On January 7, 2021 the Division of Water Resources (DWR) issued an After -the -Fact 401 Water Quality Certification for a stream crossing associated with the subject project, which consisted of 58 linear feet of culvert installation within an unnamed tributary to the Green River. On May 6, 2021, Kaylie Yankura from the Asheville Regional Office of the DWR conducted a site inspection at your property located at 58 Pot Shoals Road in Saluda, North Carolina (Parcel Identification Number 9586607295). The inspection was in response to reports of a failed retaining wall and sedimentation to an unnamed tributary to the Green River. During the site inspection, an unnamed tributary to the Green River, classified C, Trout, was observed to have been impacted by sediment deposition and debris from a retaining wall failure associated with an access road on the property. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS 401 Water Quality Certification (WQC) Conditions — A Pre -Construction Notification (PCN) was submitted on December 24, 2020 per Required Response #3 of a Notice of Violation issued by D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N.`)WTH ^ARC]'_ INA oePew"°" 0 Ity 828.296.4500 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 2 of 4 DWR on August 25, 2020 (NOV-2020-CV-0009). The PCN requested after -the -fact approval of 58 linear feet of stream impact under a non -notifying U.S. Army Corps of Engineers Nationwide Permit 14, and the corresponding General Water Quality Certification. DWR issued an after -the - fact approval letter for the impacts on January 7, 2021. 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: General Certification Number 4135, Condition 11.2. — "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 a failed retaining wall is a waste beyond the footprint of the authorized impacts. II. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (12) —An undetermined length of an unnamed tributary to the Green River, classified C, Trout, was impacted by sediment and debris deposition throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). III. Removal of Best Usage - 15A NCAC 0213.0211 (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 June 7, 2021. Your response should be sent to this office at the footer address or via email to kaylie.vankura@ncdenr.gov and include the following: The site must be stabilized immediately, and/or proper erosion control measures installed to prevent ongoing and continuing sedimentation impacts and public safety concerns. Contact our office immediately if additional sediment from your site is discharged to streams and/or wetlands. 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: North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N. PTH':AR IINA m E_._0. Uj u�a€i 828.296.4500 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 3 of 4 • 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. 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 Kaylie Yankura at (828) 296- 4685 or kaylie.vankura@ncdenr.gov. Sincerely, EDocuSigned by: � p� �- 7E617A38285848C... G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: David Brown — USACE Andrea Leslie — WRC Stan Aiken — DEMLR D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 N. PTH':ARO INA m 0"Illy 828.296.4500 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Agriculture Vertical Farm NOV-2021-PC-0273 May 6, 2021 Page 4 of 4 Natalie Berry— Henderson County DWR 401 & Buffer Permitting Unit file D North Carolina Department of Environmental Quality I Division of Water Resources EQ� Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NCR1l,' CAPOLINA Mof EmioNnenlal puaE 828.296.4500 DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Attachment B Representative Photographs DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Photo 1: Retaining wall reinforced to prevent failure. Plastic matting to be removed from stream bank and replaced with coir matting. Live stakes to be added between November and February. View upstream. Photo 2: Silt fencing installed for erosion control. DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF 4 max, :. 4 " f�.trb� _� Photo 3: Flag S1, 4-5 inches of sediment accumulated in streambed. To be removed. View downstream. an..i Photo 4: Flag S2, 2-6 inches of sediment and ABC stone accumulated in streambed. To be removed. View downstream. DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Photo 5. Flag S3, 4 inches of sediment accumulated in streambed. To be removed. View downstream. Photo 6. Flag S4, 4 inches of sediment accumulated in streambed. To be removed. View upstream. DocuSign Envelope ID: OEEA3990-OC1 F-42F6-8CO9-8DFOE65358BF Photo 7. Flag S5, 5 inches of sediment accumulated in streambed. To be removed. View upstream. Photo 8. Flag S6, 4 inches of sediment accumulated in streambed. To be removed. View upstream.