20141129 Ver 1_Notice of Violation_20151014

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 14, 2015
CERTIFIED MAIL
RETURN RECEIPT REOUESTED — 7014 0510 0000 4466 7331
Serrus Creekside, LLC
Attn: Stephen Mudge and David Earley
2 David Keats Drive
Greenville, SC 29630
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV- 2015 -PC -0273
DWR Project # 2014 -1129
Stream Standard Violation — Other Waste (In- stream Sediment)
Stream Standard Violation - Turbidity
401 Water Quality Certification (WQC) Condition Violation
Buncombe County
Response deadline: 30 calendar days from receipt
Dear Mr. Mudge and Mr. Early:
On October 6, 2015, Zan Price from the Asheville Regional Office (ARO) of the Division of
Water Resources (DWR) conducted a site inspection of the Creekside Village project in
Buncombe County. Mr. Earley and Mr. Southards (Site Development Corporation) were present
during the site inspection.
Stream standard and 401 WQC violations were noted during the inspection and file review.
Sediment impacts to an unnamed tributary of Reems Creek (Class C) were documented.
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 undermined length of an unnamed tributary of Reems Creek (Class C)
was impacted by sediment deposition measured to be up to 18 inches in depth within the
stream reach downstream of the pond. Title 15A North Carolina Administrative Code
02B .0211 (12) requires that "Oils; deleterious substances; colored or other wastes: only
such amounts as shall not render the waters injurious to public health, secondary
recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses;"
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 2964500 \ FAX: [phone]
Internet: http: / /portal.ncdenr.org /web /wglws
An Equal Opportunity \ Affirmative Action Employer

Serrus Creekside, LLC
October 14, 2015
Page 2 of 4
II. Stream Standard Violation —Turbidity —15A NCAC 0213.0211 (21) —On October 6,
2015, DWR collected a water sample from the unnamed tributary of Reems Creek
approximately 40 -feet downstream of the earthen dam. The sample was analyzed for
turbidity and the result was 550 NTUs. The stream standard for turbidity is 50 NTUs.
III. 401 WQC Condition Violation — Serrus Creekside, LLC submitted a Pre - Construction
Notification (PCN) dated October 22, 2014, with subsequent information on February 13,
2015, April 8, 2015, and April 13, 2015. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit 29, and the corresponding General Water Quality
Certification 3890. DWR issued an approval letter for the impacts on April 17, 2015.
The approval letter specified that the activities must follow the conditions listed in the
General Water Quality Certification 3890, as well as additional conditions listed in the
letter.
Accordingly, the following observation and /or permit condition violations were noted
during the DWR inspection and subsequent file review:
Condition 1. No Impacts Beyond those Authorized in the Written Approval or
Beyond the Threshold of Use of the Certification.
No waste, spoil, solids, or fill of any kind .shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre - Construction
Notification, as authorized in the written approval from the Division or beyond
the thresholds established for use of this Certification without written
authorization, including incidental impacts. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices shall be performed so that no violations of
state water quality standards, statutes, or rules occur.
2. Condition 3. No Sediment and Erosion Control Measures in Wetlands or Waters.
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval
by the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, then design and placement of temporary erosion
control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and
downstream of the above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the
specific area within the project.
On October 6, 2015, the contractor was using the jurisdictional open water pond
area for sediment basins.

Serrus Creekside, LLC
October 14, 2015
Page 3 of 4
3. Additional Condition 5. The turbidity standard of 50 NTUs shall not be exceeded
in receiving waters as described in 15A NCAC 02B .0200. Appropriate sediment
and erosion control practices must be used to meet this standard.
A turbidity sample of 550 NTUs was collected in the receiving stream on October
6, 2015.
REQUIRED RESPONSE
The DWR requests that you respond by the response deadline. Your response should be sent to
the attention of Zan Price, Division of Water Resources, 2090 US Hwy 70, Swannanoa, NC
28778 and should address the following items:
1. Stream Standards - Other Waste (In- Stream Sediment) and Turbidity
a. Please provide a map of the project area and area downstream of the earthen dam.
The map must include all streams and wetlands, detailing impacts both on- and
off -site. Please provide an estimate of impacted stream length and depth of
sediment deposition.
b. Please submit a Sediment Removal Plan (Plan) to this office for review and
approval. The Plan must address removal of accumulated sediment from all
impacted surface waters below the dam. You must secure an environmental
consultant experienced in stream restoration to assist you with developing your
Plan, and obtaining any necessary approvals. It is recommended that your
consultant contact Zan Price of the Asheville Regional Office for additional
guidance during Plan development. The Plan should include:
• A narrative explaining how sediment will be removed including techniques,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment. Note that sediment removal should only
occur after the source (i.e., dam) area is stabilized.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded by the restoration
process.

Serrus Creekside, LLC
October 14, 2015
Page 4 of 4
c. Please coordinate with the Buncombe County Erosion and Sediment control
program to stabilize the site prior to implementing the Sediment Removal Plan.
d. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Zan Price.
2. 401 WQC Condition Violations
Please explain why the placement of sediment basins in the jurisdictional open water
area was not included in the original PCN application. Explain why the placement of
these basins in this area is unavoidable. Explain how the basins will be maintained to
prevent sediment impacts downstream. Provide the engineered plans illustrating the
placement and size of the sediment basins and the proposed final contours once the
basins are removed. .
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 Zan
Price at (828) 296 -4500 or zan.Drice(a,ncdenr.2ov .
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins - 401 & Buffer Permitting Unit
Shelton Sullivan - 401 & Buffer Permitting Unit (via email)
Doug Sharp — Buncombe County (via email)
Tasha Alexander — US Army Corps of Engineers (via email)
ARO File Copy
G: \WR \WQ\Buncombe \401s \Non - DOT \Creekside Village \NOV \NOV - 2015- PC- 0273.doc