20211471 Ver 1_NOV-2021-CV-0002_20210125

DocuSign Envelope ID: 7131 ODFC3-1 OA7-4EOF-9EDA-21 D013537FEF9
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
January 25, 2021
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 1290 0001 1766 8309
RETURN RECEIPT REOUESTED
Chester and Karen Bartlett
P.O. Box 2084
Bryson City, NC 28713
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Bartlett Glen Cove Development
NOV-2021-CV-0002
Failure to Secure 401 Water Quality Certification
Stream Standard Violation — Removal of Best Usage
Swain County
Required Response Date: January 29, 2021
Dear Mr. and Mrs. Bartlett:
The Asheville Regional Office of the Division of Water Resources (DWR) is in receipt of a letter
from the Asheville Regulatory Field Office of the U.S. Army Corps of Engineers (Corps), dated
November 3, 2020, regarding the subject development. According to the letter, on October 22,
2020, the Corps inspected the Bartlett Glen Cove residential development and determined that at
least 240-340 feet of unnamed tributaries of Little Alarka Creek (Classified C) had been impacted
by the installation of culverts associated with the road network for the development. The
installation of the culverts was undertaken without prior approval from the Corps in the form of a
Department of the Army (DA) permit.
As a result of the Corps site inspection and subsequent DWR file review, the following violations
were identified:
VIOLATIONS
I. Failure to Secure a 401 Water Quality Certification (WQC) — Title 15A NCAC 02H
.0500 requires water quality certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into
jurisdictional waters, including wetlands, as described in 33 CFR Part 323. A file review
confirmed that a 401 WQC has not been issued for the fill material placed in the UTs of
Little Alarka Creek.
D Q713—�
3 North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 5wannanoa, North Carolina 28778
NORTH CAROLINA i
828.296.4500

DocuSign Envelope ID: 71310DFC3-10A7-4EOF-9EDA-21 D013537FEF9
Chester and Karen Bartlett
January 25, 2021
Page 2 of 3
IL 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, survival, and
maintenance of biological integrity. The unauthorized fill material placed in the UTs
without a 401 WQC is a removal of best use.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by January 29, 2021. Your response should
be sent to the attention of Andrew Moore at the footer address or [e-mail]
and should include the following:
1. A detailed accounting of all grading, filling, flooding and/or mechanized land clearing that
has occurred in waters of the U.S. (WoUS) within the development since 2006 and a
statement regarding your intention to resolve the matter. Note this information was initially
due to the Corps on December 15, 2020. The due date was extended at the request of your
environmental consultant to January 15, 2021. A second extension was granted to January
29, 2021.
2. The results of the completed jurisdictional delineation requested in the Corps' November
3, 2020 letter. The results shall be submitted to DWR by February 26, 2021.
3. If you wish for any impacts to remain in place, you must contact the Corps for information
on the type(s) of permit required. Depending on the type(s) of permit the Corps requires,
application for a 401 WQC to DWR will also be required.
Depending on the results of the information provided above, additional information may be
required. DWR will inform you of any additional information required to resolve this Notice of
Violation.
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.

DocuSign Envelope ID: 71310DFC3-10A7-4EOF-9EDA-21 D013537FEF9
Chester and Karen Bartlett
January 25, 2021
Page 3 of 3
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 [phone] or Andrew.W.Moore(a�ncdenr.gov.
Sincerely,
DocuSigned by:
7E517A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Owen Carson — Equinox Environmental
David Brown — US Army Corps of Engineers
Andrea Leslie — North Carolina Wildlife Resources Commission
Bill Marr — Swain County
DWR 401 & Buffer Permitting Unit file