20201484_20230113_NOV2023WP0001_and_USPSCertMailRcpt

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
January 13, 2023
Certified Mail: 7020 3160 0000 3277 8941
Return Receipt Requested
Mr. Reece Gibson
4512 River Road
Stanfield, NC 28163
Subject: Notice of Violation with Intent to Enforce
NOV-2023-WP-0001
Stanfield Valley SD
Wetlands Project # 20201484
River Road, Stanfield
Stanly County
Dear Mr. Gibson:
On December 9, 2022, Division of Water Resources (DWR) staff was informed of sedimentation
impacts discovered by Mr. Jeffrey Chandler, with the Division of Energy, Mineral and Land
Resources (DEMLR), during a construction site visit resulting in a Notice of Violation letter on
December 20, 2022, from DEMLR (Project ID # STANL-2021-022). Based on the referral and
information received from Mr. Chandler, sediment from the subject site has impacted the
wetlands area and stream, which is not allowed. As a result, this correspondence is being issued
as a Notice of Violation.
The following violations are noted based on this referral:
Violations of your Wetlands Individual 401 Water Quality Certification (WQC00004356)
Approximately 653 linear feet (lf) of stream had been impacted from sediment from the site. The
following items 4 and 5 of your certification are noted:
4. The permittee shall report to the DWR Mooresville Regional Office any
noncompliance with, and/or any violation of, stream or wetland standards [15A
NCAC 02B .0200], including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506 {b); 15A NCAC 02H .0507 {c)

Justification: Timely reporting of non-compliance is important in identifying and
minimizing detrimental impacts to water quality and avoiding impacts due to
water pollution that precludes any best use on a short-term or long-term basis.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters
beyond the footprint of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507{c)
Justification: Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic
life propagation, survival, and maintenance of biological integrity; wildlife;
secondary contact recreation; agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
Title 15A NCAC 2B .0211, (1) & (11): Best Usage & Other Waste
Approximately 653 linear feet (10 of stream had been impacted from sediment from the site.
This deposition of sediment in the stream is a violation of water quality standards. Regulations
state 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."
Required Corrective Actions:
1) Immediate action shall be taken to protect the stream channel and wetlands from
further impacts from sediment deposition. This shall include, but be not limited
to, repair/maintenance of silt fencing, seeding, and matting of all slopes, more
frequent inspections, etc. You should coordinate with Jeffrey Chandler of
NCDEMLR to accomplish this in concert with your Sediment and Erosion
Control Plan.
2) Submit a Sediment Removal Plan to this office for review and approval. This
Plan shall be submitted by February 13, 2023. The Sediment Removal Plan
must address the removal of accumulated sediment from all surface waters and
wetlands. This office recommends that you secure an environmental consultant
experienced in stream restoration to assist you with developing your Sediment
Removal Plan. The Sediment Removal Plan should include:
a. A narrative explaining how the sediment will be removed including
techniques, manpower and tools to be used. It is recommended that you
use hand labor (buckets, shovels, wheelbarrows) to remove the sediment
from the stream.
b. A narrative explaining how disturbed areas will be stabilized to prevent
the discharge of sediment to the stream and wetlands.

c. A narrative explaining how and where removed sediment will be
deposited and stabilized
d. A proposed timeline with dates that indicate when work will begin and be
completed. This office anticipates that this work shall be completed by
March 13, 2023.
e. Once the work is complete, a final report documenting the results of the
sediment removal should be submitted to Maria Schutte.
3) Any restorative work to the stream channel shall be completed upon removal of
the sediment.
If you have an explanation or any information/documentation related to the noted violation(s)
that you wish to present, please respond within fifteen (15) days of receipt of this Notice.
Your response should address the items identified in this Notice of Violation. Please note that
pursuant to G.S. 143-215.6A, these violations and any future violations are subject to civil
penalty assessments of up to $25,000.00 per day for each violation.
It is requested that the Town of Stanfield and Stanly County hold any permits/approvals for
this site until this matter is resolved.
Thank you for your attention to this matter. Should you have any questions regarding these
matters, contact Ms. Maria Schutte at [e-mail] or [phone].
Sincerely,
1-DocuSigned by:
114•01cw H Papa
�F161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment: Photos & Map
CC: Bob Remsburg, Director Planning and Zoning, Stanly County ([e-mail])
Bridgette Helms, Administrator, Town of Stanfield ([e-mail])
Zahid Khan & Jeffrey Chandler, DEMLR-Mooresville (Email)
Shelton Sullivan — Compliance/Enforcement (Email)

Photos showing failed BMPs, sedimentation and stream impacts, DEMLR staff, December 7, 2022

Photos showing failed BMPs, sedimentation and stream impacts, DEMLR staff, December 7, 2022

Map from your Project #20201484 with approximate area of wetland and stream impacts circled:
FLAG NUMBERS/INFORMATION
WETLAND FLAGS=
STREAM FLAGS =Min
Wetland Flags = 19
Stream Flags = Flagged at origins
and intersections; surveyor locate
WA 1-6
SA
1,430 IF
WO 1-10
0.056 Ac.
2301F
Approximate area
of strea m
sedimentation
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP
ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY
THE USAGE OR NCDEQ-DWR. THIS EXHIBIT INCLUDES
GPS LOCATIONS OF DELINEATED FEATURES.
DELINEATION CONDUCTED BY PILOT ON 9.30.20.
WC 1.3
Dim Ar.
LEGEND
Site Boundary
Perennial Stream
Wetland
Data Point
Flag Number/Feature ID
Drawing 5
2019 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 200'
Date: 10.1.20
Wetland Map
Renee Ford Road & River Road
Approximate 34.5-Acre Tract
Stanfield, Stanly County, NC
Pilot Project 6137

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NCDEQ WQROS MS
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4512 River Road
Stanfield, NC 28163
WQROS MS* 01/13/2023
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