20072227 Ver 2_Response to Add Info_20130821

Strickland, Bev
From:
Rebekah Newton [[e-mail]]
Sent:
Wednesday, August 21, 2013 1:30 PM
To:
Fox, Tim
Subject:
Queens Gap - Response to Add Info
Attachments:
685 Add Info Response (08.21.13).pdf
Ti m,
Attached is the response letter to DWQ's additional information request dated July 5. You will be receiving a hard copy
in the mail; Raleigh will also be receiving 4 copies.
Please do not hesitate to contact me with any questions. Thank you.
Rebekah Newton
224 South Grove Street, Suite F
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
rebekah(�cwenv.com
kW -
Please consider the environment before printing this e-mail.

C1earWater Enviroi)mental Consultants, Inc.
August 21, 2013 www.cwenv.com
Ms. Karen Higgins
DWR, Webscape Unit
1650 Mail Service Center 0 Fly
Raleigh, North Carolina 27699
RE: Request for More Information
Queens Gap — Phase 1
Rutherford County, North Carolina
DWQ Project # 2007-2227-V2
Dear Ms. Higgins,
Please reference the letter dated July 5, 2013 (Attachment A) sent by the NC Division of
Water Quality (DWQ) in response to the permit application submitted by Clearwater
Environmental Consultants, Inc. (CEC), on behalf of Rutherford County represented by
Mr. Carl Classen. The permit application requested written authorization for the impacts
associated with development of the Queens Gap residential subdivision and associated
infrastructure. The comments provided by the DWQ are listed and discussed below.
DWQ Comment #l: "Re-evaluate Stone Creek and the unnamed tributary to Stone
Creek far sediment impacts... and provide a sediment removal plan to address the current
sediment impacts, including the McCurry property as proposed in the application."
Mr. Clement Riddle of CEC and Mr. Tim Fox of DWQ walked Stone Creek within the
Queens Gap property boundary on January 8, 2013. Sediment deposition in that reach is
approximately 4 years old. Sediment that was in the stream has flushed and sediment on the
stream banks is stable in place with 4 years of vegetative growth. Conditions within Stone
Creek remain the same to this date and no action is recommended in this area.
CEC conducted an evaluation of the unnamed tributary to Stone Creek, downstream of
Queens Gap on the McCurry property, on August 7 and 19, 2013 and recommends the
following activities to remove the sediment from the affected areas. The plan as outlined
below does not represent a guarantee by Rutherford County to remove sediment from the
McCurry property. Commencement of the sediment removal plan is subject to approval by
Mr. McCurry, an agreement between Mr. McCurry and Rutherford County which releases
the County from liability associated with sediment removal activities, and granting of a
temporary access easement by Mr. McCurry so that Rutherford County may legally enter the
McCurry property and conduct the proposed activities.
A map of the project site has been attached for review (Figure 1). The locations of
the clean-up areas have been identified on the map.
224 South Grave Street, Suite F
Hendersonville, NC 28792
828-698-9800 Tel
828-698-9003 Fax

Ms. Higgins
August 21, 2013
Page 2 of 3
CEC observed sediment deposition up to approximately 3 feet in two unnamed
tributaries to Stone Creek.
Prior to sediment removal, three check dams will be placed in the stream channel.
The first check dam will be placed immediately downstream of the logging road
culvert upstream of the McCurry property. The second check dam will be placed at
the McCurry property line where the stream enters the McCurry property. And, the
third check dam will be placed at the downstream end of the sediment removal reach
upstream of the McCurry pond.
Mr. McCurry has erected silt fencing in various locations on his property to try and
contain sediment in upland locations. Generally, these silt fences are at capacity.
Upland sediment that has been contained by silt fencing will be removed by machine
and hauled off the McCurry property and old silt fencing will be removed. Sediment
behind silt fences immediately upstream of the McCurry pond will be included in
upland sediment removal. After sediment removal, disturbed areas will be matted
and seeded.
Mr. McCurry has built make -shift dams in the stream channels to contain sediment
within the stream channels. Sediment has buried the existing stream channels up to 3
feet making it difficult to determine the original location of the stream channels. The
debris dams will be removed. Sediment behind the dams will be removed in phases
by machine and water flow will be allowed to define a channel. Additional sediment
will be removed from the newly defined channel and hauled off the McCurry
property. Areas around the stream channel will be reshaped; and matted and seeded.
In locations where a discernible stream channel is present, sediment accumulations
will be removed by shovel and bucket. Sediment removed from the channel will be
hauled off the McCurry property.
After sediment removal activities have occurred, sediment from behind the check
dams will be removed. The check dams will remain in place until road work on
Queens Gap is complete and stable. Check dams will be monitored regularly and
cleaned out as needed.
A representative from CEC will be on site periodically to provide oversight during
the sediment removal process. There may be a short term minor increase in turbidity
during remediation activities; however, turbidity levels should return to normal
quickly after the clean-up is complete.
Sediment removal, as outlined above, will begin after the road is stable to a point
where it is no longer contributing sediment to the McCurry property. The estimated
timeframe for starting sediment removal is November 2013; however, this starting
timeframe is subject to change. Road work at the sediment removal location is
proposed in Phase 2 of the project. Sediment removal will be completed during
Phase 2 and before additional land disturbance is started in Phase 3.

Ms. Higgins
August 21, 2013
Page 3 of 3
m Representative photographs of the site prior to the clean-up are attached for review
(Attachment B). Photographs after clean-up will be included in the final report.
A final report will be submitted to Tim Fox and a final inspection site visit will be
scheduled within 45 days of completion of the sediment removal activities.
The applicant believes the information submitted in this package addresses all issues set
forth by the DWQ in their letter dated July 5, 2013. The US Army Corps of Engineers
(Corps) will receive a copy of this plan and additional permits from the Corps will be
obtained if required. Should you have any questions or comments concerning this project
please do not hesitate to contact me at 828-698-9800.
Sincerely,
Rebekah L. Newton
Project Biologist
Cc: DWR, Asheville — Tim Fox
US Army Corps of Engineers — Amanda Fuemmeler

Queen's + Phase• Acres)

Attachment A
DWQ Request for More Information
(dated July 5, 2013)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder
Governor Acting Director
July 5, 2013
Rutherford County
Attn: Carl Classen
289 North Main Street
Rutherfordton, NC 28139
Subject: Request for More Information
401 Water Quality Certification
Project Name: Queens Gap Phase I
DWQ Project 4 2007-2227-V2
Rutherford County
Response deadline: August 5, 2013
Dear Mr. Classen:
John E. Skvarla, III
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we May continue to review your project.
Additional Information Requested:
1. Re-evaluate Stone Creek and the unnamed tributary to Stone Creek for sediment impacts as
identified in NOV-2009-PC-0615 and NOV-2009-PC-0817 (attached) and provide a sediment
removal plan to address the current sediment impacts, including the McCurry property as
proposed in the application. Please provide your response in writing to the addresses below prior
to August 3, 2013. Four copies of the required information should be provided to the Wetlands,
Buffers, Stormwater Compliance and Permitting Unit at:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh, NC. 27699-1650
And a single copy to the Asheville Regional Office at:
Location; 2090 V& Highway 70, Swannanoa, Norlh Carolina 28778
Phone: 828-296A5001 FAX: [phone]
Internal: www.nmalerqualily.arg
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Rutherford County
July 5, 2013
Page 2 of 2
Tim Fox
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Tim Fox [phone], if you have any questions.
Sincerely,
6aChuck Cranford, Regional Super -visor
Surface Water Protection
Asheville Regional Office
Enc: NOV-2009-PC-0615 and NOV-2009-PC-0817
cc: Clement Riddle — ClearWater Environmental Consultants, Inc.
Laura Herbert P.E. — NC DEMLR
Steve Kichefski - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Karen Higgins - WBSCP Unit
ARO File copy
5.1SWPkRutlierford1401sXNort-DOI)Querrts Gap 2007-2227-V2XAddInfo.40IQueensGapV2.07-05-13.doe

117
lap
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
September 29, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Queens Gap
Burt Baine
Division of Water Quality
Coleen H. Sullins
Director
PO Box 30
Rutherfordton, NC 28139
Return Receipt #: 7007 1490 0004 0713 7697
Long Mountain 442 Acres, LLC
Ryan P. McCarthy
PO Box 30
Ruth6rfordton, NC 28139
Return Receipt #: 7007 1490 0004 0713 771
Queen's Gap Investments, LLC
Keith Vinson
Two Town Square, Suite 320
Asheville, NC 28803
Return Receipt #: 7007 1490 0004 0713 7734
SUBJECT: NOTICE OF VIOLATION and
Devinshire Land Development, LLC
Burt Baine
PO Box 30
Rutherfordton, NC 28139
Return Receipt #: 7007 1490 0004 0713 7703
Queens Gap Mountain, LLC
Louis W. Nanney
PO Box 30
Rutherfordton, 28139
Return Receipt #: 7007 1490 0004 0713 7727
RECOMMENDATION FOR ENFORCEMENT
Queens Gap
401 Water Quality Certification - WQC003754
DWQ Tracking Number: NCR000591
NOV-2009-PC-0817 and continuing violation NOV-2009-PC-0615
Construction Stormwater Permit —NCGO 10000
Stream Standard Violation - Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Rutherford County
Response deadline: October 9, 2009
EAkATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE
Locall - on: 209, U.S. Highway 70, Swannanoa, North Carolina 28778
h('Ele >8i2 964150M FAX: [phone] Customer Service: 1-877-623-6748
I 7temwww.ncmterquaI!ty.org
An al
Opportunity 4 Alfirmalive AcVon Employer
Dee Freeman
Secretary
One
NorthCarolina
Natzmallb,

September 29, 2009
Page 2 of 5
Dear Sirs:
On September 15, 2009, Chuck Cranford from the Asheville Regional office of the Division of
Water Quality (DWQ) conducted a site inspection at the Queens Gap development in Rutherford
County. Ms. Darlene Kucken (N.C. Division of Land Resources) was present. Prior to leaving the
site, a brief conversation was held with Mr. Jim Kieffier.
Construction Stormwater Permit NCGO 10000, 401 WQC condition, and stream standard violations
were noted during the inspection. Sediment impacts to Stone Creek (Classified C/Tr) were
documented.
Please note:
The DWQ has not received a satisfactory response to NOV-2009-PC-0615 dated July 14, 2009.
The site conditions requiring the issuance of NOV-2009-PC-0615 remained as described in said
document and require immediate attention along with the violations noted below.
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCGo 1 o000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. The NCG010000 Permit authorizes discharge of stormwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15 A North Carolina Administrative Code 2H.0100.
a. Rain Gauge (Part 1. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
b. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, has
not been made available for review.
c. Schedule of Compliance (Part 1. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated September 24, 2009, represents a violation of
NCGO 10000 Permit.
d. Minimum Monitoring and Record Keeping (Part 1. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half --inch or greater rain event, have
not been made available for review.
e. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated September 24, 2009, represents a violation of
NCGO 10000 Permit.
E Twenty-four Hour Reporting (Part 11. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO 10000 Permit.
II. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 0213.0211
(3)f — Approximately 1,500 feet of Stone Creek (Classified C/Tr) was impacted by the
deposition of sediment and gravel measuring from three (3) to twelve (12) inches deep

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P8ge i of 5
throughout the stream reach, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (3) (f)
1H. 401 WQC Condition Violations — WQC003754, approved onAugust 26,2009,
specified that the activities must adhere to, among others, the following conditions:
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and maintenance
of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning.and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the, 404/401 Permit Application.
All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
REQUIRED RESPONSE
This Office requests that you respond in writing by October 9, 2009. Your response should be
sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in fall compliance with the NCGO 10000
Permit and your Erosion and Sediment Control Plan.
b. Please provide inf6rmation detailing your compliance with the minimum
monitoring and reporting requirements as requested above for each phase of the
project. This information must include monitoring records from July 1, 2009
through to the date of your written response to this letter. Specifically, it is

3epteinuer ix, tui
Page 4 of 5
requested that DWQ be provided a copy of all rain gauge data and weekly
inspection/monitoring reports related to your inspections of the approved
sedimentation and erosion control facilities and stormwater outfalls. Copies of all
corresponding inspections subsequent to rain events greater than 0.5 inches are
requested as well. Failure to provide this information will constitute violations of
the subject NCGO 10000 Permit.
c, The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part U Section B (10
b) of the NCGO 10000 Permit for proper procedure).
d. You should include in your response an explanation of how you propose to
prevent the problems noted in this NOV from reoccurring on this project and
on future projects.
H. Stream Standard � Other Waste (In -Stream Sediment)
a. Please provide a map that details the jurisdictional waters on the tract and identifies
and quantifies all unpermitted impacts. This map should also indicate any off-site
waters that have been impacted.
b. Please submit a Sediment Removal/Stream Restoration Plan (Restoration Plan) to
this office for review and approval. The Restoration Plan must address removal of
the accumulated sediment or other fill from Stone Creek. The Restoration Plan
must be submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with development of the Restoration
Plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during restoration plan development. The Restoration Plan
should include the following:
A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
® A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.

55ptr,-m`;er 29, 3009
page 5ors
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
IH. 401 WQ Certification
a. Refer to the items above in I. a. -c. for response requirements.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, he abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000-00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
F/7)
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Darlene Kucken - Division of Land Resources
Jennifer Robertson — WNR (C-GOPY)
G:\WPDATAXDEMWQkRutherfordN4OisXQueen5Gap\NOV-2009-PC-0817.doc

Govemor
July 14. 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 0798 9234
Burt Baine
Queens Gap Mountain, LLC
PO Box 30
R u therfo rdton, NC 28 13 9
Resources
Dee Freeman
Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 0798 9241
Keith Vinson
Queen's Gap Investments, UX
32 Orange Street
Asheville, NC 28801
S U 11.1 FICT: NOTICE, OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0615
Queens Gap
401 Water Quality Certification - WQC003754
Stream Standard Violation - Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Rutherford County
Response deadline: July 30, 2009 or 15 days from receipt
Dear Messrs. Baine and Vinson:
On July 2, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at the Queens Gap Development in Rutherford County.
Mr. Baine, Mr. Jim Kieffier, Mr. Bill Beek (Division of [.and Resources) and Ms, Darlene Kucken
(DI.,R) were present.
Stream standard and 401 WQC condition violations were noted, Sediment impacts to an unnamed
tributary to Stone Creek (Classified C/Tr) were documented.
VIOLATIONS
1. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 0213.0211
(3)f— An indeterminate length of an unnamed tributary to Stone Creek (classified C/Tr)
was impacted by sediment deposition upwards of'24 inches throughout the stream reach,
0) (1)
representing Water Quality Stream Standard violation ol'15A NCAC 0213 .021 1 .3
SURFACE WATER PROTECTION SECTION—ASH1V11L1 REGIONAL 0111C1 One
Location 2090 U.S. Highway 70, Swannanoa. North Carolina 20778 NorthiCarolina
Phone 628-296A5004 FAX B28-299-7443 k Customer Service 1.M-623-6748
hilerfiPi, .Yww.nLwajerqtjaii1Y arg )Vaturally
','I * 11-11 :)P1V1FtUP-r*j A50 11TOLY c

July H. 2009
Paue 2 or -i
11. 401 WQC Condition Violations — WQC003754, approved on August 26. 2008.
specillcd that the activities must adhere to, among others, the following conditions:
Sediment and I-Xosion Control
2. Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and maintenance
of'such Best Management Practices in order to protect surface waters standards:
a. 'File erosion and sediment control measures for the project must he designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites. and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. Sulficicnt materials required for stabilization and/or repair of'erosion control
measures and stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of impacts depicted in the 404/401 Permit Application.
All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval from the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
downstream of the above structures. All sediment and erosion control devices they
shall be removed and the natural grade restored within two (2) months of the date that
the Division ol'land Resources or locally delegated program has released the project.
REQUIRED RESPONSE
'chis Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US IIWY 70, Swannanoa, NC 28779 and Mr. John Hennessy at the Wetlands and Stormwatcr
Branch. NPS Assistance and Compliance Oversight Unit. 1617 Mail Service Center. Raleigh, NC
27699-1617. Your response should address the Following items:
I. Stream Standard - Other Waste (In -Stream Sediment)

, ".J -- - --, ---
Page
a. Please provide a map that details the jurisdictional waters on the tract and identifies
and quantifies all unpen-nitted impacts. This map should also indicate any off-site
waters that have been impacted.
b. Please submit a Sediment Removal/Stream Restoration Plan (Restoration Plan) to
this office for review and approval. The Restoration Plan must address removal of
the accumulated sediment or other fill from all impacted waters. The Restoration
Plan must be submitted to the Division of Water Quality for review and approval
prior to implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with development of the Restoration
Plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during restoration plan development. The Restoration Plan
should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts,
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
H. 401 WQ Certification
a. Refer to the items above in I. a. -c. for response requirements,

i Uty I -t' 4UVO
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy —NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Cent -al Files
Division of Land Resources
Jennifer Robertson — WNR (e -copy)
G:kWPDATA\DEMWQ\RutherforMtormwEitcr Construction NCGO I O\ncr00059 iqueensgap\NOV-2009-PC-0615-7-8-09.doc

Attachment B
Representative Photographs

Photo 1. Example of upland sediment.
Photo 2. Unnamed tributary to Stone Creek. Sediment in stream channel.

Photo 3. Sediment behind debris dam.
Photo 4. Unnamed tributary to Stone Creek. Sediment in stream channel.

Photo 5. Sediment and debris dam.
Photo G. Sediment behind debris dam.

Photo 7. Unnamed tributary to Stone Creek. Sediment in stream channel.