20201445 Ver 1_NOV-2020-CV-0009_20200825

DocuSign Envelope ID: 8A2AEO1 B-DO8C-47B0-9C51-44F7A98EC17E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
August 25, 2020
NORTH CAROL.INA
Environmental Quality
CERTIFIED MAIL 7019 1640 0000 1354 4887
RETURN RECEIPT REQUESTED
Torino LTD
ATTN: Edward McCammon
229 Airport Road, STE. 7-153
Arden, NC 28704
CERTIFIED MAIL 7019 1640 0000 1354 4870
RETURN RECEIPT REQUESTED
Torino LTD
ATTN: Edward McCammon
110 Edney Street, Suite A
Hendersonville, NC 28792
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
58 Pot Shoals Road
NOV-2020-CV-0009
Stream Standard Violation — Other Waste (In -stream Sediment)
Stream Standard Violation — Removal of Best Usage
Failure to Secure 401
Henderson County
Required Response Date: September 25, 2020
Dear Mr. McCammon:
On August 24, 2020, Kaylie Yankura from the Asheville Regional Office of the Division of
Water Resources (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 turbidity and sedimentation within 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 from grading activities and unauthorized
culvert installation on your property. Recently deposited sediment was measured to be at least 6
inches in depth within the unnamed tributary. In -stream fill from the installation of gravel check
dams was observed within the stream channel below the culvert as well.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. 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 gravel deposition measured to be at
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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: 8A2AEO1 B-DO8C-47B0-9C51-44F7A98EC17E
58 Pot Shoals Road
NOV-2020-CV-0009
Page 2 of 4
least 6 inches in depth throughout the stream reach, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (12).
II. Conditions of Best Usage - 15A NCAC 02B.0211 (2) — The stream impacts from
unauthorized fill are violations of Title 15A North Carolina Administrative Code
02B .0211 (2) which requires that "The 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."
III. 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 404 Permit or 401 WQC for culvert installation within the
unnamed tributary onsite. 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 September 25, 2020. Your
response should be sent to this office at the footer address or via email to
[e-mail] and include the following:
1. The site must be stabilized immediately, and/or proper erosion control measures installed
to prevent ongoing and continuing sedimentation impacts. Contact our office
immediately if additional sediment from your site is discharged to streams and/or
wetlands.
2. Please submit the following documents for review and approval:
a. Sediment Removal Plan — Sediment and gravel impacts to the streams onsite and
downstream of the site must be removed. As a part of this plan, you should
provide the amount (depth) of material that has been deposited in the stream. This
information should be depicted on a map you provide. It is recommended that you
use hand labor (buckets, shovels, and wheelbarrows) to remove deposited
sediment from the channel. The sediment should be removed from the channel,
taken to high ground away from the stream channel a minimum of thirty feet, and
stabilized. The plan must address the measures that will be used for temporary
stabilization/sediment control while this work is under way. It is recommended
that you secure a consultant experienced in stream restoration to assist you with
your plan development, onsite supervision of sediment removal activities, and
authorization necessary to achieve compliance.
b. Please include in your response a detailed schedule with dates explaining when
the removal will be accomplished. Once the work is complete, a final report
documenting the results of the sediment removal should be submitted to Kaylie
Yankura.

DocuSign Envelope ID: 8A2AEO1 B-DO8C-47B0-9C51-44F7A98EC17E
58 Pot Shoals Road
NOV-2020-CV-0009
Page 3 of 4
3. To resolve the violation related to the Failure to Secure a 401 Water Quality Certification,
contact the U.S. Army Corps of Engineers (USACE) to determine the permitting
requirements pertaining to the unauthorized culvert installation. A 401 WQC will be
required if the activities are permitted by the Corps. The application process as described
does not guarantee the impacts will be approved. No additional work is to be conducted
in jurisdictional waters until you contact the USACE to determine your permitting needs.
a. Contact the USACE to determine the permitting needs of the activities you have
undertaken. The Asheville office phone number is [phone].
b. Provide a proposed schedule of when you expect to have the required permit
application (401 WQC application) submitted to DWR.
c. Explain how you plan to prevent the noted violations from occurring in the future.
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 [e-mail].
Sincerely,
,—DocuSigned by:
ICThr
"-7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Rick Brooks — Henderson County (email copy)
David Brown — USACE (email copy)
Andrea Leslie — WRC (email copy)
DWR ARO file
DWR 401 & Buffer Permitting Branch file
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