20150938 Ver 1_Emails_20150909

Burdette, Jennifer a
From:
Sent:
To:
Subject:
Attachments:
Jennifer,
Moore, Andrew W
Wednesday, September 09, 2015 4:21 PM
Burdette, Jennifer a
French Broad Crossing Individual Permit, Madison County
NOV- 2015- CV- 0003.French Broad Crossing Development.4- 17- 15.pdf,
SAW - 2015 -00267 Investment Partners VIII - UA.pdf
I hope you are doing well. You should be getting an Individual Permit application in the coming few days for French Broad
Crossing. It is an after - the -fact application in response to the attached NOV and UA letter. I can give you more details
when you get an opportunity, but wanted to give you a head's up before you receive it.
Andrew W. Moore, P.G.— Andrew.W.Moore @ncdenr.gov
North Carolina Dept. of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4684
Fax: 828 - 299 -7043
A
1

w
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 17, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED -- 7010 1870 0003 0874 5829
Jack Fisher
River Club Investors, LLC
7265 Highway 25 -70
Marshall, NC 28753
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
French Broad Crossing Development
NOV- 2015 -CV -0003
Removal of Best Usage
Wetland Standard Violation
Failure to Secure 401
Madison County
Response deadline: May 18, 2015
Dear Mr. Fisher:
Donald R. van der Vaart
- Secretary
On March 17, 2015, Andrew Moore and Zan Price from the Asheville Regional Office of the
Division of Water Resources (DWR) conducted a site inspection of the French Broad Crossing
Development at Cow Mountain Road in Madison County. Joel Lenk, with Quible & Associates,
and Tasha Alexander, with the Army Corps of Engineers, were present during the inspection.
Stream, wetland, and 401 Water Quality Certification violations were noted during the inspection
and file review.
As a result of the site inspection and file review, the following violations were identified:
Water quality Regional Operations — Asheville Regional Office
2090 U5 Hwy 70, Swan nanoa, NC 28778
Phone: [phone] FAX: B28-299-7043
Internet: http :llportal.rncdenr.orgfwehJwglws
An Equal Opportunity' Affirmative Action Employer

Jack Fisher
April 17, 2015
Page 2 of 4
VIOLATIONS
I. Removal of Best Usage —15A NCAC 02B.0211 (2) — An undetermined length of
unnamed tributaries to the French Broad River (Class B) were impacted by improperly
installed culverts, representing Water Quality Stream Standard violation of 15A NCAC
02B .0211 (2).
II. Wetland Standard —15A NCAC 02B.0231 (b) — An undetermined area of wetlands was
impacted by improperly installed culverts and/or roads.
Ill. 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 (USACOE) has received an application for a 404 Permit or 401 WQC, prior to
the impacts noted in items I and II above. Such an application is required pursuant to
Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code
k. _91b10
REQUIRED RESPONSE
The DWR requests that you respond by May 18, 2015. Your response should be sent to the
attention of Andrew Moore, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC
28778 and should address the following items:
1. Removal of Best Usage —15A NCAC 02B.0211(2), Wetland Standard —15A NCAC
02B.0231 (b), and 401 Water Quality Certification
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams and
wetlands on -site, detailing all existing and proposed impacts (i.e., culverts and/or
fill). If additional time is needed to complete the map, provide a proposed
schedule outlining when the map will be completed.
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit
pertaining to the existing and proposed culverts, stream modifications or fill. 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.
Note that if option 1 is pursued, all culverts must meet condition 13 of Water
Quality Certification Number 3 890 entitled Placement of Culverts and Other
Structures in Waters and Wetlands. Based on the site visit conducted March 17,
2015 and information provided by your consultant, a significant number of --
culverts at the subject facility do not comply with this condition.

Jack Fisher
April 17, 2015
Page 3 of 4
2. Restore the streams and wetlands to pre - existing conditions.
a. includes the removal of the impacts, restoration of the stream channels and
wetlands, as well as the restoration of the streambanks and buffers along
the streams.
If pursuing Option 1:
1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of
the activities you have undertaken. The Asheville office phone number is (828)
271 -7980.
2. Provide a proposed schedule of when you expect to have the required permit
application (401 WQC application) submitted to DWR.
If pursuing Option 2,
Please submit a Stream Restoration Plan to this office for review and approval. You
must secure an environmental consultant experienced in stream restoration to assist
you with development of your plan and authorization necessary to achieve
compliance. -
The plan must include the removal of the impacts, restoration of the stream channels
as well as the restoration of the streambanks and buffers along the streams.
It is recommended that your consultant 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 restoration work.
Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Andrew Moore.

Jack Fisher
April 17, 2615
Page 4of4
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Resources regarding
these issues and any future/continued violations that may be encountered. Your above -
mentioned response to this correspondence will be considered in this process. This office
requires that the violations, as detailed above, be abated immediately. These violations and
any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters, please contact
Andrew Moore at (828) 296 -4500 or Andrew.W.Mooreancdenn2ov .
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins - 401 & Buffer Permtting Unit
Jennifer Burdette - 401 & Buffer Permitting Unit
ARO File Copy
Laura Herbert - Division of Energy, Mineral, and Land Resources (via email)
Joel Lenk, Quible & Associates, P.C. (via email)
Tasha Alexander — USA.COE (via email)
Madison County Planning
G: IWRI WQ Iivladison1401s\Non- DOTlFrench Broad CrossingMrench Broad Crossing Development NOV- 2015- GV- 0003.French Broad
Crossing Development.4- 17- 15.doe

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW-2015-0020 County: Madison
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party Investment Partners VIII / Jack Fisher
c/o Christen Miller
Address 7625 Hikhwav 25/70
Marshall, NC 28753
Telephone Number
Authorized
Agent Joel Lenk
Ouible & Associates, P.C.
Address 57 Woodson Road
Fairview. NC 28730
Telephone Number 828-280-8375
Size and Location of Property (waterbodv, Hiehwav name/number, town, etc.): The site is located
within the French Broad Crossing development, off Cow Mountain Road, Marshall, Madison County,
North Carolina. 35.872643 -N, - 82.741237 -W
Description of Unauthorized Activity / Permit Noncompliance: Over the past 10 years infrastructure
for the French Broad Crossing Development was constructed and resulted in unauthorized impacts to
waters of the U.S., including wetlands (approximately 2,407 linear feet of stream channel and 0.11 acre of
wetlands). At your request a site visit was conducted on March 17, 2015 to discuss the unauthorized
impacts, corrective measures, and plans for future development.
Indicate Which of the Following Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Since you do not have a Department of the Army Permit for the above,described activity, it. is a violation
of federal law as specified above. You have agreed to do no finther work in, waters or wetlands without
the required Department of the Army Permit. Any further unauthorized work in waters or wetlands will
be considered an intentional violation of federal law. If you do no further work in waters and wetlands,
and perform the remedial action requested below, the Corps of Engineers will take no further :action in
this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail
to perform the requested remedial, action, the Corps will take further administrative 'action, and may
request the U.S. Attorney to file suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact Tasha Alexander at telephone number (828) 271 -7980
extension 226.
Remedial Action Reau'ested: Delineate all waters of the U.S. onsite and submit a vacka2e for an
approved iurisdictional determination. Submit an application for an after-the-fact Individual
Permit. The submittal should include the following:
1. Detailed history of the site;
2. Mai) with locations of existing and proposed impacts-.
3. Purpose and need.-
4. Alternatives analvsis. - onsite and off site;
5. Avoidance and minimization - opportunities to reduce existing impacts;
6. Mitigation plan.- and,
7. Timeline to undertake immediate corrective measures and submit a complete iurisdictional
determination request and individual permit application.

8. Immediate corrective measures include — submit a Wan to address imnacts from recent
culvert installation and imulement stabilization measures to urevent runoff to aquatic
resources onsite.
Please note this list is not all inclusive and should include detailed information.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office at 1.51. Patton Avenue, Room 208, Asheville, NC 28801-5006.
Property Owner / Responsible Party Sig ure
Sig
Regulatory Project Manager Signatur
Date