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Home My WebLink About20181314 Ver 3_NOV-2022-WT-0006_20220801DocuSign Envelope ID: 9306A965-COD5-4970-9EF9-D5B88CF04BD7 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 1, 2022 CERTIFIED MAIL # 7020 3160 0002 0860 7563 RETURN RECEIPT REQUESTED HNH Futures LLC Attn: Chad Hollister 307 Scene -A -Rama Dr Blowing Rock NC 28607 Delivered electronically to: chadhollister48@gmail.com Subject: NOTICE OF VIOLATION NOV-2022-WT-0006 DWR Project# 20181314v3 Watauga Storage Watauga County Dear Mr. Hollister: On July 20, 2022, Sue Homewood of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a site inspection with staff from the US Army Corps of Engineers on the above referenced project. During the site inspection, Division staff inspected the approved wetland impacts related to the construction of a storage facility. The wetland impacts associated with the project had been previously authorized under DWR Project #20181314 originally issued on April 5, 2019, and modified authorization issued under DWR Project #20181314 v3 issued on February 24, 2020. The following observations and violations were noted during the inspection and subsequent file review: 1. Title 15A North Carolina Administrative Code 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. Staff observed that fill had been placed within wetlands beyond that approved within 401 Certification #20181314 v3. Fill had been placed both within the project property limits and onto adjacent property which is owned by Charles Jacob Hollister II. NORTH CAROLINA noporlmont of Environmental inuolny North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 DocuSign Envelope ID: 9306A965-COD5-4970-9EF9-D5B88CF04BD7 HNH Futures LLC NOV-2022-WT-0006 Page 2 of 3 2. Title 15A North Carolina Administrative Code 02B .0231 (c) requires that "Liquids, fill or other solids, or dissolved gases... Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that may cause adverse impacts on existing wetland uses." Staff observed that sediment deposition had occurred within wetlands on the property as a result of runoff from land disturbing / construction activities. Sediment and erosion control measures were insufficient and/or unmaintained. Sediment deposition of 6-12 inches was observed in multiple locations within adjacent wetlands. 3. 401 Water Quality Certification Number 20181314v3 Additional Condition 5 states that "the Division approves the Stormwater Management Plan consisting of two infiltration basins." During the site visit and file review, DWR observed that the main infiltration basin had failed. Sediment deposition has occurred within the basin and appears to have clogged the infiltration material such that the berm has been breached. Sediment has been discharged into the adjacent wetland as a result of the breach of the basin. Required Response Accordingly, you are directed to respond in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office and include the following information: 1. Provide an evaluation of the existing site, identifying all areas of continued sediment sources and erosive channels/conveyances, and a plan to repair and/or install appropriate measure to eliminate any continued sources of sediment or erosional forces which would cause redistribution of existing sediment deposits. 2. Submit a wetland restoration plan for adjacent wetlands. The restoration plan shall include: a. A delineation of wetland limits on the adjacent parcel, including suspected limits under any areas of fill. b. A sediment and fill removal plan for all wetland areas. The plan must include how the wetland will be protected to the maximum extent while removing fill and sediment accumulations. The plan shall include a planting plan for all areas after the restoration is complete. Please note that no work shall be conducted until the restoration plan has been reviewed and approved by this office. 3. Provide a copy of the engineer's certification and as -built drawings of the infiltration basin and infiltration trench. 4. Provide a copy of all inspection and maintenance records for the infiltration basin and infiltration trench. 5. Provide an engineer's sealed repair and/or replacement plan of the infiltration basin. Notwithstanding the information provided in Item 3 & 4 above, a similar plan may be required for the infiltration trench. NORTH raaoJNa Department at Environmental Puolity North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800 DocuSign Envelope ID: 9306A965-COD5-4970-9EF9-D5B88CF04BD7 HNH Futures LLC NOV-2022-WT-0006 Page 3 of 3 Thank you for your attention to this matter. The Division requires that the violations, as detailed above, be abated and properly resolved. This Office is considering a recommendation for civil penalty assessment to the Director of the Division of Water Resources regarding the above -mentioned violations on the subject site. Pursuant to G.S. 143-215.6A, the above -mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above - mentioned response to this correspondence will be considered in any further process that may occur. Should you have any questions regarding these matters, please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov. Electronic cc: NORTH raaoJNa Sincerely, , DocuSiigggned by: L -VI r `— 145849E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO Amanda Jones-Fuemmeler, US Army Corps of Engineers Asheville Field Office Chris Grubb, Watauga County Planning & Inspections WSRO File Copy Department at Environmental Puolity North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800