20160546 Ver 1_More Info Requested_20160620

Kra
Water Resources
ENVIRONMENTAL QUALITY
June 20, 2016
State Employees Credit Union
Attn: Jim Schwalm, Vice President/City Executive
PO Box 457
Sylva, NC 28779
Western Builders of Sylva, Inc.
Attn: Roger Bartlett
PO Box 96 .
Sylva, NC 28779
Subject: Request for Additional Information
State Employees Credit Union
Response Due: July 20, 2016
Dear Mr. Schwalm & Mr. Bartlett:
PAT MCCRORY
U --m '
DONALD R. VAN DER VAART
sacamy
S. JAY ZIMMERMAN
Direaroi
DWQ Project # 16-0546
Jackson County
The Division of Water Resources (Division) has performed a preliminary review of a 401 Water
Quality Certification application submitted for the above referenced project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -
hold until all of the following information is received:
1. Project application proposes to rip rap sections of the impacted area for
stabilization.. This office believes that natural channel design concepts should be
considered. Please re -design your proposed plan to incorporate natural channel
design, including bioengineering, where applicable.
Project limits of disturbance appear to be on State Employee Credit Union
Property PIN # 7641-70-6154 and the adjacent Lowes property. Provide
appropriate permission to conduct work on the Lowes property.
3. Condition number 97 of Water Quality Certification No. 3885 (attached) states
that work must be performed in the dry. Please provide appropriate information,
including narrative and associated details plan describing how the project will
meet condition #7 of WQC 3885.
Sieh of NoHi Cn Inn 19nviomnemal Quality I We ke,ww
2090 U.S. H,,30 1 Swem�anoa, North Gamboa 28778
8282964500

Mill Creek Su cam Rehabilitation Page 2
4. Please provide sediment removal plan requirements outlined in the Notice of
Violation (NOV-2016-SS-0008) dated April 21, 2016 (attached) Including dates,
narrative and associated info.
5. Provide proposed longitudinal profile for the impacted reach.
6. Provide proposed plan for the stream bed and how it will be stabilized.
7. Provide a more detailed riparian planting plan.
8. Clarify "waste" material stabilization mentioned in the application. Application
states that the material will be placed immediately under retaining wall or taken
offsite.
9. Provide existing channel cross-section and the proposed channel cross-section
with associated dimensions (e.g. depth, width, area, and bank slopes). Provide
more than one typical cross-section detail if the dimensions change within the
project area. Provide justification for the new channel dimensions based on
reference reach information, stable channel dimensions close to the project area,
or regional curve information.
If all of the requested information is not received in writing by the response due date, the
Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please respond in writing by the due date by sending three (4 if stormwater required) copies of
all of the above requested information to the 401 & Buffer Permitting Unit:
NC DWR, 401 and Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done

Mill Creels Stocam Rehabilitation Page 3
within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code. Please call Tim Fox [phone], if you have any questions.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enc. WQC 3885
NOV-2016-SS-0008
cc: DWR ARO 401 files
Karen Higgins — 401 & Buffer Permitting Unit
cc: Alec Stillwell, PE — Stillwell Engineering, PA
Steve Melin, LSS — Mountain Soils, hrc.
David Brown — USACE Asheville Regulatory Field Office
Andrea Leslie — NC WRC
Stan Aiken — DEMLR
G:\WR\WQ\Jnkson\Complaints\SECU-Sylva\ADDINFO.SECU-6-17-16.docx

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND ANDRIPARIAN RESTORATIONAND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDEPERMIT NUMIBE iS 13 (BANK STABILIZATION). AND
271WETLAND AN RIPARIAN RESTORATION AND CREATION)
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAPI
AND RIPARIAN AREA PROTECTIONRULES (BUFFER RULES)
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
401, Public Laws 92-500' and 95-217 of the. United States and subject to the North Carolina
Division of Water Quality Regulations In 15A NCAC 02H.0500 and 15A NCAC 0213 0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in I 6
NCAC 02B.0200.
The State of North Carolina certifies that the specified category of activity will not.. violate.
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-600 and
95-297 If conducted In accordance with the conditions hereinafter sat forth.
Activities meeting anyone (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division'):
a) All proposed fill or modification of wetlands and/or waters, including streams and
streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving in -stream structures
for the sole purpose of streambank stabilization, which are designed based on current
natural channel techniques, and do not exceed a total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation; W
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non -natural. armoring such as riprap,. gabion baskets, deflection walls etc of
d) "Sark Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length; or
a) Any impact associated with a Notice of Violation or an enforcement action for violation(s),
of DWQ Wetland Rules. (15A NCAC 0214 ,0500), Isolated Wetland Rules (15A NCAC 02H.
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200);: or
f) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico,. or Catawba River
Basins or in the Randleman,. Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE' activities.
In accordance with North Carolina General Statute 143 215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
Activities included in this General Certification that do not meet oneof the thresholds
listed above do not require written approval from the Division as long asthey comply with
the Conditions of Certification listed below.. If any of these Conditions cannot be met, than
writtenapproval from the Division is required.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this 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, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation,: and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most.
recent version of the North Carolina Sedlmern and Erosion control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
Including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites the erosion and sediment control measures must be designed,
installed, operated, and maintained In accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs In watersor watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds,.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
4, No Sediment and Erosion Control Measures in. Wetlands or Waters
Sediment and erosion control measures shall not beplaced in wetlands or waters,.
Exceptionsto 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 Iridis -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 (DLR) or locally delegated program has released
the specific area within the project,
8. Construction Stormwater Permit NCGO10000
An NPDES. Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres. of land. This Permit allows stormwaterto be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance withpermit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
hftpi/loortal.ncdenr.oro/web/wa/ws/su/nodessvMeb-w.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
ational Marine. Fisheries Service (NMF$) to lessen impacts on trout, anadromC
ost-larval fishes and crustaceans, or other aquatic species of concern shall be
1. Exceptionsto this condition require written approval by the resource agency
for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,_and/or DMF personnel.
7. Work in the Dry
All work In or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the INC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Nauss, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershedwith buffer rules) shall be limited
to. "uses' identified within and constructed in accordance with 16A NCAC 02B.0233, .0259,
.0243 0250, .0287 and 0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
9. If concrete isused during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not. be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact Is no longer
.necessary. The impacted areas shall: be. restored to original grade, including. each stream's
original cross sectional dimensions plan form pattern and longitudinal bed and bed profile
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restoredto prevent erosion.
11. All temporary pipes( culverts/ riprap pads etc, shall be installed in all streams as outlined in
the mostrecent edition of the North Carolina Sediment and Erosion Control Planning. and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction. activity. All rip-rapshall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip' -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
__.. upstream or downstream of the area
13. Any rip -rap used for stream stabilization shall be of size and density so as not to be able to
be carried off by wave, current: action, or stream Flows and consist of clean tockor masonry
material free of debris or toxic pollutants. Rip -rap. shall not be. installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
Including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State andLocal
regulations.
15, Applications for riprap groins proposed inaccordance with 15A NCAC .07H .1401 INC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine. and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A. NCAC 07H .1405.
Water Quality Certification No. 3885 4

Water Quality Certification No. 3885
16. Compensatory Mitigation
In accordance. with 15A NCAC 02H .0506 (h), compensatory mitigation maybe required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear publictransportation
projects, Impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A. determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or Its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for writtenapproval as required in those
protocols. The mitigation. plan must be implemented and/or constructed before any impacts
occur on site, Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment spall be provided to the Division before
,any impacts occur on site.
17. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not validuntil a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
18. In the twenty (20).. coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
19. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20.. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (Including any requirements resulting from
compliance with §3W(d) of the Clean Water Aci), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division. may reevaluate and modify this General Water Quality Certification.
21. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificateof completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1.650 Mail
Service Center,. Raleigh, NC, 27699-1650.
22. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
23, This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
Water Quality Certification No. 3885 5

Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain In effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties:.
The Director of the North Carolina Division of Water quality may require submission of a formal
application for Individual Certification for any project In this category of activity if it is determined
that the project Is likely to have a. significant adverse effect upon water quality, Including state or
federally listed endangered or threatened aquatic species, or degradethe waters sothat existing
usesof the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certificationdecision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles. Waklid, P.E.
Director
History. Note: Water Quality Certification (WQC) Number 3865 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007, WQC
Number 3495 issued December 31, 2004; and WQC Number 3399 issued March 2003. This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits andlorwhen deemedappropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3885

NIC
WaterResources
ENVIRONMENTAL 0YALI7Y
April 21, 2016
CERTIFIED MAIL
State Employees Credit Union
Attn: Jim Schwalm, Vice President/City Executive
PO Box 457
Sylva, NC 28779
Return Receipt #
7012 1010 00021965 5372
Western Builders of Sylva, Inc.
Atm: Roger Bartlett
PO Box 96
Sylva, NC 28779
Return Receipt #
7012 1010 0002 1965 5389
PAT MCCRORY
Govemm
DONALD R. VAN DER VAART
gU
S. JAY ZiMMERM$ANMN
DRu(-
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
State Employees Credit Union
NOV-2016-SS-0008
Stream Standard Violation - Other Waste (In -stream sediment)
Removal of Best Usage .
Failure to secure 401
Jackson County
Response deadline: May 21, 2016
Dear Mr. Schwalm & Mr. Bartlett:
On April 13, 2016, Tim Fox from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection at the State Employees Credit Union PIN (7641-
70-6154) in Jackson County. Kevin Mitchell with DWR and Andrea Leslie with the North
Carolina Wildlife Resources Commission were present during the site inspection.
Stream standard violations were noted during the inspection. Sedunent impacts to Mill Creek a
classified C water were documented.
Sute CARINA IMviroianenlal Qn81y I WMAr R..R
2090 LLS. Highway 70 1 Aih.01, NoM CaMiA, 28779
8282064500

SECU
April 21.2016
Paee 2
As a result of the site inspection and file review, the following violations were identified:F,^,
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B
.0211 (12) — an undetermined length of Mill Creek classified C; was impacted by
sediment deposition measured up to 4 inches in depth in the observed stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). _
II. Removal of Best Usage -15A NCAC 02B.0211 (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."
III. 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 above. Such an application is required pursuant to Section 404 of the
Clean Water Act and Part 15A of North Carolina Administrative Code 2H, 05 00.
REQUIRED RESPONSE
The DWR requests that you respond by May 21, 2016. Your response should be sent to the
attention of Tim Fox, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778.
You are encouraged to secure an environmental consultant to assist with your plan development
and authorization necessary to achieve compliance. It is recommended that your consultant
contact Mr. Fox for additional guidance during plan development. The response should address
the following items:
1. Stream Standard -Other Waste (In -Stream Sediment) and Removal of Best Usage
a. Please immediately stabilize the area that is contributing sediment to the stream.
b. Please provide a map of the project area and impacted areas downstream. The
map must include all streams and wetlands, detailing sediment impacts both on.
and off-site.

SECU
April 21,2016
Page 3
c. Sediment impacts to the streams on-site and downstream of the site must be u`
removed. Please submit a Sediment Removal Plan (Plan) to this office for review
and approval.- The Plan must address removal of accumulated sediment from all
surface waters. You must secure an environmental consultant experienced in
stream restoration to assist you with developing your Plan, and obtaining any
necessary approvals. 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.
• 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.
• A narrative explaining how turbidity standards will not be exceeded.
d. -Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Tim Fox.
2. Failure to Secure a 401 Water Quality Certification
a. Please explain why the stream relocation occurred without prior authorization.
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 stream and wetland modifications or fill that has occurred. A
401 W QC will be required if the activities are permitted by the Corps. The
application process as described does not guarantee the impacts will be approved.
2. Restore the stream and wetlands to pre-existing conditions.
a. includes the restoration of stream channels and wetlands as well as the
restoration of streamban es and buffers along streams.

SIct)
April 21,2016
Page 4
If pursuing Option 1:
'a. 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.
b. Provide a proposed schedule of when you expect to have the required Pre -
Construction Notification (401 WQC application) submitted to DWR.
If pursuing Option 2:
a. Please submit a Stream Restoration Plan to this office for review and approval. -
You must secure an environmental consultant experienced in stream and wetland
restoration to assist you with development of your plan and authorization
necessary to achieve compliance.
The plan must include the restoration of stream channels as well as the restoration
of the streambanks and buffer along streams. _
It is recommended that your consultant contact Tim Fox of the Asheville Regional
Office for additional guidance during plan development. The plan should include
the following:
b. A proposed schedule with dates, that indicate when you expect to begin and
complete the restoration work.
c. Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Tim Fox.
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. Pursuant
to G.S. 143.215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to $25,000.00 per day for each violation.

SccU
April 21,2016
Page 5
Should you have any questions regarding these matters, please contact Tim Fox at (828) 296-
4664 or [e-mail].
Sincerely,
' (if
U Fj r
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brtnvn—USACE (via email)
Andrea Leslie — NCWRC (via email)
- Tony Elders — Jackson County Permitting and Code Enforcement (via email)
Karen Higgins, 401 & Buffer Permitting Unit
ARO File Copy
G:\WR\WQUackson\ComplaintslSECU-Syly \NOV-2016-SS-0008SECU4-21-16.doex