20051117 Ver 3_Notice of Violation_20160104

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Sec; etary
S. JAY ZIMMERMAN
Director
January 4, 2016
CERTIFIED MAIL #7013 1710 0002 1922 2545
RETURN RECEIPT REQUESTED
Bruce Hubbard
Estates at Lissara, LLC
1598 Westbrook Dr, Suite 200
Winston Salem NC 27103
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
NOV-2015-OP-0017
The Estates at Lissara — Lot 21 Driveway
Forsyth County
Dear Mr. Hubbard:
On December 15, 2015, Sue Homewood of the Division of Water Resources (Division) Winston-
Salem Regional Office conducted a site inspection in response to a referral from the
Stormwater/Erosion Control Department of the City of Winston Salem. During this site
inspection it was determined that work was being conducted within a stream channel prior to
receiving authorization under a 401 Water Quality Certification. A temporary stream crossing
structure and a dewatering activity was occurring in a unnamed tributary to the Yadkin River for
the purpose of constructing a "no impact" driveway crossing over the stream channel.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
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.
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone] \ Customer Service 1-877-623-6748
Internet: www.ncdenr.gov- www.ncwoter.org

Estates at Lissara, LLC
January 4, 2017
2. Title 15A North Carolina Administrative Code 02B .0211 (2) requires 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 Response
On December 21, 2015, Sue Homewood of the Division of Water Resources (Division) Winston-
Salem Regional Office conducted a follow-up site inspection of the site. During this site
inspection it was noted that you had removed the temporary stream crossing and concluded all
dewatering activities. The area had been regraded and the streambanks had been stabilized
with matting. The arched culvert had been installed and the stream was flowing naturally
through the area. A temporary rock check dam had been installed as recommended by the local
Erosion Control Program for additional protection to downstream waters while activities were
continued at the site.
The violation cannot be considered fully resolved by the Division until the stream, stream banks
and driveway are completely stable. The temporary rock check dam shall be removed
immediately upon notification from the local Erosion Control Program that it no longer necessary
and the stream shall be restored to natural conditions at that location.
Until this violation is resolved you shall inspect the site once a week at the minimum and within
24 hours of every rain event of greater than % inch. Records must be kept of all inspections and
all maintenance activities. You shall notify the Division within 24 hours of any sediment loss
below the rock check dam.
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. 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 activities 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.

Estates at Lissara, LLC
January 4, 2017
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 of $25,000.00 per day for each violationYour 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. Should you have any questions regarding these
matters, please contact Sue Homewood at 336-776-9693 or me at 336-776-9696.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: WSRO File Copy
Karen Higgins -401 & Buffer Permitting Unit
Matthew Osborne, City of Winston Salem (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)