20220503 Ver 1_NOV-2022-CV-0002_20220316

DocuSign Envelope ID: BB6335BA-EFCF-4EE5-849D-F04BE55985A7
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
March 16, 2022
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7021 2720 0000 1254 5493
310 Dula Springs, LLC
Attn: Sandra Rodriguez
14301 W. Palomino Drive
Southwest Ranches, FL 33330
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
310 Dula Springs Road
NOV-2022-CV-0002
Failure to Secure 401 Water Quality Certification
Buncombe County
Required Response Date: April 14, 2022
Dear Ms. Rodriguez:
On November 30, 2021, Andrew Moore from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted a site inspection of your property at the subject address. The
inspection was conducted in response to a complaint regarding land -disturbance impacting
streams and the installation of culverts in streams on the property. Your contractor, Brian
Anderson with Anderson and Son Construction, was present on the property at the time of the
site inspection.
During the site inspection, approximately 300 feet of the streambanks of Little Flat Creek (Class
C) had recently been graded and an additional approximately 300 feet of streambanks of Little
Flat Creek were in the process of being graded. Two 36-inch diameter 20-foot long culverts had
been installed in parallel in Little Flat Creek, at the time reportedly temporarily, to provide
construction access.
At the time of the inspection, Mr. Anderson indicated a desire and willingness to bring the site
into compliance with DWR rules, which require a 401 Water Quality Certification whenever
construction will result in a discharge to jurisdictional waters. Since the November 2021 site
inspection, correspondence have occurred between Andrew Moore, Brian Anderson, and Marvin
Mercer regarding submittal of the appropriate Pre -Construction Notification (PCN) application.
However, to date, the DWR has not received a PCN for the work.
As a result of the site inspection and file review, the following violation was identified:
NORTH
o.aemmNm eni or En,aenv! 0.1:4
CAROLINA
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

310 Dula Springs, LLC
March 16, 2022
Page 2 of 3
VIOLATION
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 grading and culverts placed into
Little Flat Creek.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by April 14, 2022. Your response should
be sent to the attention of Andrew Moore at the footer address or [e-mail]
and should address the following:
1. Please explain why these impacts occurred without prior authorization.
2. You must apply for and receive an after -the -fact 401 WQC. Provide a proposed schedule
of when you expect to have the required permit application (PCN) submitted to DWR. It
is recommended that you contact the U.S. Army Corps of Engineers to determine the
permitting needs of that agency for the activities you have undertaken. The Asheville
office phone number is [phone].
3. To begin the process of applying for a 401 WQC, you must complete the PCN form and
submit the appropriate fee. The form may be completed electronically at the following
link https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form.
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.

DocuSign Envelope ID: BB6335BA-EFCF-4EE5-849D-F04BE55985A7
310 Dula Springs, LLC
March 16, 2022
Page 3 of 3
Should you have any questions regarding these matters, please contact Andrew Moore at (828)
296-4684 or [e-mail].
Sincerely,
�DocuSigned by:
-7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Amanda Jones and Crystal Amschler— US Army Corps of Engineers
Andrea Leslie — North Carolina Wildlife Resources Commission
DWR 401 & Buffer Permitting Unit file