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Home My WebLink About20211672 Ver 1_Notice of Violation (NOV)_20211011DocuSign Envelope ID: 37FE3A2A-C3E7-4A20-ADBF-35FDA9C273C1 ROY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director October 11, 2021 NORTH CAROLINA Environmental Quality CERTIFIED MAIL 7020 1290 0001 1766 9832 RETURN RECEIPT REQUESTED Neil Buck 780 Smith Dairy Road Columbus, NC 28722 CERTIFIED MAIL 7020 1290 0001 1766 9849 RETURN RECEIPT REQUESTED BC Wizard LLC Attention: Sarah A. Huff 48 Patton Avenue Asheville, NC 28801 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT 780 Smith Dairy Road NOV-2021-CV-0028 Failure to Secure 401 Water Quality Certification Polk County Required Response Date: November 11, 2021 Mr. Buck and Ms. Huff: On October 6, 2021, staff from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property located at 780 Smith Dairy Road in Columbus, North Carolina (Tax Parcel P73-180). The inspection was in response to reports of unauthorized streambank stabilization on White Oak Creek. During the site inspection White Oak Creek, classified C, was observed to have been impacted by unauthorized stabilization activities via the placement of riprap along approximately 250 feet of streambank. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS I. Failure to Secure a 401 Water Quality Certification (WQC) - A review of records confirmed that neither the DWR nor the US Army Corps of Engineers (USACE) has received an application for a onprnmenl of EnWmmrenbl{3ualiry North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778 828.296.4500 DocuSign Envelope ID: 37FE3A2A-C3E7-4A20-ADBF-35FDA9C273C1 780 Smith Dairy Road NOV-2021-CV-0028 October 11, 2021 Page 2 of 3 404 Permit or 401 WQC for stream modification and fill, including streambank stabilization activities. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE Accordingly, you are directed to respond to this letter in writing by November 11, 2021. Your response should be sent to this office at the footer address or via email to Andrew.W.Moore@ncdenr.gov and include the following: 1. Two options exist to resolve the violation related to the failure to secure a 401 WQC. 1. Apply to the U.S. Army Corps of Engineers (USACE) for and receive a 404 Permit pertaining to stream modification and fill activities. A 401 WQC will be required if the activities are permitted by the Corps. 2. Remove the fill material (e.g. stone) and restore the stream to pre-existing conditions. If pursuing Option 1: a. Contact the USACE to determine the permitting needs of the unauthorized activities you have undertaken. The Asheville office phone number is (828) 271-7980. b. Provide a proposed schedule of when you expect to have the required permit application (401 WQC application) submitted to DWR. If pursuing Option 2: a. Submit a Stream Restoration Plan to this office for review and approval. The Stream Restoration Plan must provide details regarding: how the stream channel will be restored to its previous pattern, profile, and dimension; how the streambanks will be restored and stabilized; and how the buffer along the streambanks will be restored. The Stream Restoration Plan must be approved by DWR before being implemented. The Stream Restoration Plan must also include the measures that will be used for temporary stabilization and sedimentation control while this work is under way. Once the restoration is complete, you must notify this office so that a follow-up inspection may be conducted. b. It is recommended that you contact Andrew Moore of the Asheville Regional Office for additional guidance during plan development. The plan should include a proposed schedule with dates that indicate when you expect to begin and complete the work. Once the plan has been implemented and is complete, a final report documenting work should be submitted to Andrew Moore. 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 North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa. North Carolina 28778 828.298.4500 DocuSign Envelope ID: 37FE3A2A-C3E7-4A20-ADBF-35FDA9C273C1 780 Smith Dairy Road NOV-2021-CV-0028 October 11, 2021 Page 3 of 3 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 ec: David Brown — USACE Andrea Leslie — WRC DWR 401 & Buffer Permitting Unit file North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa. North Carolina 28778 828.298.4500