20071557 Ver 1_General Correspondence_20080117

V11N~
Wetland and Natural Resource
Consultants, Inc. (1~~(~(~N]~[l
JAN 1 7 2008
DENR-WATERQUALIIY
YVETLAIJDS AND STpRMVVATER BRANCH
To: N.C. Division of Water Quality
Surface Water Protection Section
Attn: Mr. Kevin Barnett
2090 US Hwy 70
Swannanoa, NC 28778
January 15, 2008
N.C. Division of Water Quality
401 Wetlands Unit
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Notice of Violation and Recommendation for Enforcement
Blue Sky Communities, Inc.; Haywood County
DWQ Project # 07-1557
Dear Mr. Barnett / Ms. Karoly,
The following information and explanations should address the two items within the
Notice of Violation.
Item #1 Removal of Best Usage (rip-rap fill): The location of the rip-rap fill is at
an old ford stream crossing that existed at the property when Mr. Roknich acquired the
land. The old driveway led up to a house site to the east just beyond this stream
crossing. I suggested to Mr. Roknich on August 17, 2007 that he place rip-rap on either
side of the stream to help stabilize the crossing due to the use by heavy construction
equipment. The contractors placed rip-rap in the stream when the work was being
completed. Mr. Roknich didn't know that the rip-rap had been placed in the stream
until I called him after I had conducted a site inspection. The rip-rap was removed by
hand immediately. Haywood County inspectors also advised Mr. Roknich to install
measures at this stream crossing to prevent erosion and sedimentation.
Item #2 Failure to Secure a 401 WQC: Central Office records indicate receipt of
the after-the-fact permit application (pre-construction notification) on October 17, 2007.
The Army Corps approved the impacts in the after-the-fact permit application on
September 28, 2007 that included 140 linear feet of culvert impacts, 15 linear feet of
temporary impact for a utility line, 100 linear feet of stream restoration impact, and
0.03 acre of wetland restoration impact. An additional information request letter was
Canton Once
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

issued out of the Central Office on October 26, 2007. The Central Office records
indicate receipt of the additional information requested on November 19, 2007. WNR
understood that the Swannanoa office only wanted direct copies from WNR for
Individual Permits. We were directed to send all Nationwide Permit paperwork to the
Central office for distribution. Kevin, if you want something different just let us know.
Requested Response:
1. See the previous comments under Item #1. WNR understood from a
conversation with Dave McHenry in early October that he wanted the utility line
installed as soon as possible since this temporary impact was to Hemphill Creek
proper. The Corps permit was approved prior to installation.
2. A map showing all of the jurisdictional streams and wetlands was included in the
after-the-fact application. The impacts are shown on the map as well as the
remaining streams and wetlands that will be avoided.
3. A restoration plan for the 100 linear feet on Hemphill Creek where an old ford
existed and for the 0.03 acre of unintentional ditched wetland was included in
the after-the-fact permit application. See the previous comments under Item
#2. The restoration activities will be conducted as soon as these activities have
been reviewed by your office. WNR will contact Dave McHenry to determine if
he will require the restoration activities to be placed on hold until after April 15tH
A plan showing the after-the-fact impacts on site as well as the two restoration
areas were included in the after-the-fact application.
Best Regards,
~'
Jennifer Robertson
Copies To:
NC DWQ -Shelton Sullivan
Corps -Lori Beckwith
NC WRC -Dave McHenry
Haywood County -Marc Pruett
Blue Sky Communities, Inc. -Nick Roknich
Canton Once 2
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax