20080386 Ver 1_401 Application_20080208

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CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
February 20, 2008
Ms. Lori Beckwith
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Rm 208
Asheville, NC 28801
Ms. Cyndi Karoly
N.C. Division of Water Quality
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604-2260
RE: Scenic View Terrace
After-The-Fact Permit Application
Buncombe County, North Carolina
Dear Ms. Beckwith and Ms. Karoly:
08 0386
?ID
Enclosed for your review and approval is an After-The-Fact permit application for 515
linear feet of stream impact for construction fill and road crossings. This application
includes the plans representing activities resulting in impacts to jurisdictional Waters of
the U.S. and addresses the unauthorized activities as described in the Notice-of-Violation
(NOV) issued by the NC Division of Water Quality on March 23, 2007.
Please do not hesitate to contact me at [phone] with any questions or comments
you may have concerning this application.
Sincerely
R. Clem nt Ridd e, 4PWt.S.
Principal
Cc: Roger Edwards, NCDWQ
Bryan Tompkins, USFWS
Dave McHenry, NCWRC
FFB 2 9 2008
QUAUTY
RANDSNAND ST E
ti' ORMWATER BRANCH
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
02/28/2008 15:44 FAX
[A 002
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-003
(33CFR 325) Expires Octobcr 1996
I'ublie reporting burden for this coUection of information is estimated to average 5 hours pct response, including the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing dre collection of information. Send comments regarding this burden estimate or
any other aspect of this COCC642 of information, including suggestions forreducing this burden, to Department of DcSense, Washington Headquarters Service
Directorate of Information Ope:ations and Reports, 1215 Jefferson Davis Higbway, Suite 1204, Arlington, VA 222024302; and to the Off cc of Managcmcni and
l3udge1, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed
annlications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMEN'T'
Authority: 33 USC 401, Section I0; 1413, Section 404. Principal Purpose: These laws tequircpcrmits authorizing activities in, or affecting, navigable waters ofthe
United States, the discharge of.ircdged or fill material into waters of the Untied Stales, and the transportation of dredged material for the purpose of dumping it into
ocwR waters. Routine Uses: hrformation provided on this form will be used in evaluating the application for a permit Disclosure: Disclosure of requested information
is voluntary- lfinformation is not provided, however, due permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which sbow the location and character of the proposed activity must be attached to this application (see sample
drawings and irrsaUCtions) and be submitted to the District Engineer having jurisdiction over the location ofthe proposed activity. An application that is not completed
in full will be returned.
1. APPLICATION NO-
5. APPLICANT'S NAME
D ay Associates
6- APPLICANT'S ADDRESS
Attn: David Day
6 Roberts Rd
Asheville, NC 28803
7_ APPLICANT'S PHONE N09- WiAREA
a. Residence VA
b. Rosins 828-277-3292
I hereby
support 1
(ITEMS I TT3RU 4 TO BE FILLED BY THE
2. FIELD OI- FTCE CODE J. DATE RECE:
(ITEMS BELOW TO BE MLED BY APPLT
8. AUTHORIZED
AGENT'S
NAME 6t TITLE (in agent is not
Attn: Clement Riddle
718 Oaidand St
llcndersonviDe, NC 28739
10-
a_ Residence N/A
b_ Business 828-698A800
08 0386
Inr-
to act in my behal£as my agent in the processing- of ibis application and to famish, upon requeyt? supplemental information in
APPLICANT'S SIGNATURE DATE
\j AIN A- It 11110
12 PROJECT NAME OR TTI LE (see instructions)
Scenic View'Cerrate
13_ NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREFT ADDRESS (if applicable)
UT of Lee Creek
15. LOCATION OF PROMC T o [E@ WW R p
_ BuncQMhe NC
COUNTY STATI:
16.OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
DENR . WATER QUAUTY
WETLANDS AND STORMWA?ER BRAN
I7_ DIRECTIONS TO THE SITE
Take US 19-23 South from .Asheville. Turn north (right) onto New Leicester Highway. After approaimotely 3 miles, the site wltl be located on the left (south)
side of New Leicester Ilighwcty.
02/28/2008 15:44 FAX
Z003
18. Nan= of Activity (Dmcription of project, include all features)
SEE ATTACII.E.D
19. Project Purpose (Dcsr nbe the reason or purpose of the project, see instructions)
SEE ATTACHED
LUSE BLOCKS 20-221F DREDGED AND/OR FILE. MATERIAL 1S TO BE DISCHARGED
20. Rcason(s) for Diacharge
SEE ATTACHED.
21. Type(s) of Material Ecing Discharged and the Amount of Each Type in Cubic Yards.
Fill of approximately 1,948 cubic yards and culverts in jurlsdictional.streams.
22. Surface Area in Acre's of Wetlands or Other Waters Filled (see instructions)
Approximately 0.04 acres of jurisdictional Waters of the U.S./wetlands are proposed for impacts. Tlds Includes the following:
515 linear feet of perennial and intermittent streams
23_ Is Any Portion of the Work Already Compacted? Yes 91 No IF YES, DEMURE TIIE COMPLETED WORK
All portions of the work are complete.
24. Addr sscs of Adjoining Propny Owners, L.tsseea, Etc., Whose Property Adjoins the Waterbody (If more than Gan be entered here, please attachod
a supplcmmtal list).
SEE ATTACHED
25, list DFOthc r Cedifications or Approvala/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL; IDENTIFICATION # DATE APPLIED IIATS APPROVED DATE DENIED
USAGE Nationwide Permit No. 39 7,00230341 01103/b002
Buncombe County Land Disturbing Permit E-1109 06107/2002
Buncombe County Land Disturbing permit E-1137 06107!2002
*Would include but is not=trictod to zoning. building and floodplan per-nits
26_ Application is hereby made for a permit or permits to authorize thew k described in this application. I certify that the infortnetian is this
a liration is comple and accurate. I further certify that 1 possess riry to un thew d®cribed herein or am acting as the duly
arizrd erg Tuber licant / fli, 1- 71 -AWO
SIGN OFAP)PLIC ATE SIGNATURE OF AGENT DATE
The application must be signed the person wbo desires to undertake the proposed activity (applicant) or it may be sued by a duly authorized agent if
the statement in block I1 has been filled out andsigped.
) 8 U.S-C- Section 1001 provides that Whoever, in any mannrrwithin the jurisdiction of airy dcpa=mt or agency ofthe United States knowingly and
wil)fiilly falsifies, conceals, or covers up any trick, scheme, or disguises a material fact ormakes any false, fictitious or fiauduleot statements or entry, shall
be lined not mare than S l 0,000 or imprisoned not more than five years or both.
Items 18, 19 and 30: Nature of Activity, Description, Project Purpose
The 35±-acre project site is located approximately three miles north of Asheville on the southern
side of New Leicester Highway (Figures 1 and 2). The property is developed as a mix of
commercial and residential area with most of the commercial areas located along the frontage of
New Leicester Highway. An unnamed tributary of Lee Creek runs from south to north in the
eastern portion of the project site. The surrounding area is a mix of residential and commercial
areas.
Mr. David Day received a Nationwide Permit No. 39 (Action ID 200230141) from the US Army
Corps of Engineers (USACE) on January 3, 2002 (Appendix A). The 2002 permit authorized
impacts to 150 linear feet of the unnamed tributary of Lee Creek for the placement of culvert and
associated fill material. The stated purpose of the culvert was for "site preparation for the
residential and commercial development". No Water Quality Certification from the NC Division
of Water Quality (NCDWQ) was required at that time. Construction on the site began in 2002
and is on-going based on phasing.
This after-the-fact permit application is being submitted in response to the Notice-of-Violation
(NOV) issued by the NCDWQ on March 23, 2007 (Appendix B). The NOV refers to
approximately 400 linear feet of stream impact (Impact 1) from earthen fill and pipe installation
(Photo 1) as well as 15 linear feet of impact (Impact 2) from an in-stream sediment basin (Photo
2) and two 20-linear foot road crossing culverts (Impacts 3 and 4, Photo 3). The NOV also states
that approximately 270 linear feet of stream downstream from the road culverts has been
impacted by 8" to 12" of sediment (Figure 3).
The purpose of the 400-linear foot impact is to allow the site to be prepared for commercial and
residential development (Figure 3). The 400-foot culvert is tied to an existing culvert network
adjacent to and beneath New Leicester Highway. Commercial development will be located
along the frontage of New Leicester Highway while residential townhouses are proposed to the
south of and adjacent to the commercial area. The two road culverts are to provide access to
existing residential single family homes located in the Mt. Carmel Village subdivision. The road
culverts were measured in the field at 40 linear feet (Impact 3) and 75 linear feet (Impact 4). A
total of 515 linear feet of stream impact is proposed for authorization by this after-the-fact permit
application. No additional impacts from utility line activities are proposed for the project.
Sanitary sewer will be tied to the municipal system operated by the Metropolitan Sewerage
District of Buncombe County.
Avoidance and Minimization
The applicant avoided 469 linear feet of permanent impacts to streams. No future impacts are
anticipated on this project.
Conceptual Mitigation Plan
Approximately 469 linear feet of the unnamed tributary (UT) of Lee Creek is not permanently
impacted by the project. However, the avoided segments have been temporarily impacted by
sediment runoff and rip-rap check dams placed in the channel (Photo 4). The stream also has a
degraded riparian buffer and consists mostly of grass, early successional and invasive species.
Some large trees remain but only in very limited quantities and in isolated pockets. The stream
is characterized as having a steep slope and vertical, eroding banks. Under natural conditions, a
stream of this type would be dominated by step-pool sequences. The stream originates just off of
the applicants property and joins Lee Creek on the north side of New Leicester Highway after
passing through a series of culvert networks (Figure 2). Lee Creek is in the 06010105 HUC of
the French Broad River basin and is classified as "C" by the NCDWQ. Deposited sediment will
be removed from the stream channel using hand labor (buckets, shovels, and wheelbarrows),
taken to high ground away from the stream channel, and stabilized. The rip-rap check dams will
also be removed during the sediment removal process.
The applicant is proposing Enhancement I activities on the 469± linear feet of the UT of Lee
Creek not permanently impacted by the project (Figure 4). Overall slope of the reach will not be
changed and will be maintained with the construction of step-pool structures (Figure 5). The
banks will be sloped 3:1 to reduce erosion potential. Following step-pool and bank
construction, the banks are to be matted, seeded, and live staked (Figure 6). Riparian tree and
shrub planting (283 trees and shrubs) will take place in the riparian areas (0.65 acres) to provide
a 30-foot buffer on either side of the channel. All enhancement activities are to follow the
USACE/NCDWQ approved Stream Mitigation Guidelines (2002) and the NC Ecosystem
Enhancement Program's Guidelines for Riparian Buffer Restoration (2003). Following
completion of enhancement activities, the sediment basin at the downstream end of the
enhancement area will be removed and the channel restored with a buffer planted. The same
design criteria will be applied to the 15-foot restoration segment as in the Enhancement I
reaches.
Impacts related to the after-the-fact permit application total 515 linear feet. Proposed on-site
enhancement/restoration activities will take place on 469 linear feet of stream channel. The
remaining 46 linear feet of required compensatory mitigation credit will be accounted for by
payment into the NC Ecosystem Enhancement Program (NCEEP). A total of 515 stream
mitigation units will be generated through on-site enhancement and payment into the NCEEP.
Cumulative Downstream Impacts
Minimal cumulative impacts are anticipated as the UT of Lee Creek on the project site was
previously contained in a culvert network under New Leicester Highway. The surrounding area
was already a mix of residential and commercial uses and the addition of the 400± if culvert as
well as the road crossing culverts is unlikely to cause more than minimal additional stress on the
watershed.
Photo 1: Beginning of 440-foot culvert installation
Photo 2: Sediment basin constructed in the stream channel
Photo 3: Road culverts
Photo 4: Sediment and rip-rap in the channel
41,
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SCENIC VIEW TERRACE SHEET NO.
earWater HENDERSONVILLE NC 28791
PHONE: [phone] DRAWN BY - USGS TOPOGRAPHIC MAP 2
Environmental Consultants, Inc. FAX: [phone] DATE 5-08
CEC PROJECT NO sae DAY ASSOCIATES BUNCOMBE COUNTY, NC
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BANK TREATMENT DETAILS
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TYPICAL BANK STABILIZATION
Clearwater
Environmental Consultants, Inc.
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718 OAKLAND ST
HENDERSONVILLE NC 28791
PHONE: [phone]
FAX: [phone]
IINCH = N.T.S.FEET
DRAWN BY: Csc
DATE: ISFE92008
CEC PROJECT NO.: 538
SCENIC VIEW TERRACE
BANK STABILIZATION TYPICALS
DAY ASSOCIATES
BUNCOMBE COUNTY, NC

SHEET NO,
6
Scenic View
Adi acent Landowners
Max and Mary Hagood
727 Monte Vista Rd
Candler, NC 28715
PIN# 962905070817
VFW Post 891, Inc
c/o Water Riddle
102 Furman Ave
Asheville, NC 28715
PIN# 961908976714
Larry Bane
1881 NE 26"' St, Ste 212
Wilton Manors, FL 33305
PIN# 961912974344,961912973274
William Beckett
1647 NE 12`h TER
Ft. Lauderdale, F133305
PIN# 961912972144
Mary & C. Robert Carter
47 Kilpatrick Crest
Asheville, NC 28806
PIN# 961912869804 & 961912869655
Aleksandr Butmerchuk
10 Heath Ridge Rd
Asheville, NC 28806
PIN# 961912966338
Anatoli & Lyubor Karatchoun
423 Kingfisher LN.
Mills River, NC 28759
PIN# 962909061527
Veniamin But-Gusaim
36 Timberwood Dr.
Asheville, NC 28806
PIN# 962909063558
Tatyana Andronova
141 Thea Ln
Fletcher, NC 28732
PIN# 962909068851
Jesse & Candace Jones
34 Village Creek Dr
Asheville, NC 28806
PIN# 961912971036
C. Robert & Deborah Carter
5 Kilpatrick Crest
Asheville, NC 28806
PIN# 961912961354
Nataliya Parchuk
5 Manningfield Dr
Fletcher, NC 28732
PIN# 961912967490
Volodymyr & Lyumila Shkinder
3 5 Timberwood Dr.
Asheville, NC 28806
PIN# 962909061679
Viktor Kozhokaru
43 Timberwood Dr
Asheville, NC 28806
PIN# 962909065711
Irene Taylor
PO Box 546
Leicester, NC 28748
PIN# 962909160727
Sally Gould-Richard & Mark
Bradshaw
35 Village Creek Dr
Asheville, NC 28806
PIN# 961912960924
Sergey & Olgay Severenchuck
99 Ascension Dr, Apt C l 10
Ashville, NC 28806
PIN# 96191296438
Federico Marquez
55 Timberwood Dr
Asheville, NC 28806
PIN# 961912969570
Sergey & Oksana Shtempel
28 Woodberry Ln
Asheville, NC 28806
PIN# 962909062840
Sepah But-Gusaim
36 Timberwood Dt
Asheville, NC 28806
PIN# 962909067558
Ronald Redmond
305 Macedonia Rd
Asheville, NC 28804
PIN# 962909170262
Ingles Market c/o Easley McCalb First Citizens Bank and Trust Michael Ross
PO Box 98309 PO Box 27131 101 Blossom Rd
Atlanta, GA 30359 Raleigh, NC 27611 Leicester, NC 28748
PIN# 962905077858,96290588174 PIN# 962905084036 PIN# 962905081243
APPENDIX A
USACE Nationwide Permit No. 39
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230141 County Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: David R. Day
Address: 204 Charlotte Highway, Suite F
Asheville, North Carolina 28803
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.): An unnamed tributary to Lees Creek
flowing through the 34.98 acre Mt. Carmel Commercial Center property located at the intersection of New
Leicester Highway and Mt. Carmel Road in Asheville, North Carolina.
Description of Activity: to culvert 150-feet of the unnamed tributary in conjunction with site preparation for the
residential and commercial development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict
accordance with the attached conditions and your submitted plans.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP referenced above may subject the perminee to a stop work order, a restoration order, and/or appropriate
legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,
please contact the Corps Regulatory Official specified below.
Date 1/3/02
Corps Regulatory Official David Baker
Expiration Date of Verification 1/3/04
Telephone No. [phone], extension 6
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF
Permit Number: 200130141
Permit Type: NW 39
Name of County: Buncombe
Name of Permittee: David R. Day
Date of Issuance: January 3, 2001
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
APPENDIX B
NCDWQ Notice of Violation
F WAIF Michael F. Easley, Governor

G
{ William G. Ross Jr., Secretary
N
l R
O
. esources
atura
North Carolina Department of Environment and
Alan W. Klimek, P.E. Director
1! Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
SURFACE WATER PROTECTION
March 23, 2007
CERTIFIED MAIL - 7006 2150 0005 2459 7407
RETURN RECEIPT REQUESTED
William E. & lean M. McCoy
33 Timberwood Drive
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7421
RETURN RECEIPT REQUESTED
Scenic View Terrace, LLC
Attn: David R. Day
6 Roberts Road
Asheville, NC 28803
CERTIFIED MAIL - 7006 2150 0005 2459 7445
RETURN RECEIPT REQUESTED
Anatoli and Lyubov Karatchroun
I I I North Cardinal Drive
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7469
RETURN RECEIPT REQUESTED
Veniamin & Mariya But-Gusaim
36 Timberwood Dr
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7483
RETURN RECEIPT REQUESTED
Federico M & Maria T Marquez
55 Timberwood Drive
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005.2459 7414
RETURN RECEIPT REQUESTED
Viktor I. & Galina Z. Kozhokaru
61 Bingham Rd
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7438
RETURN RECEIPT REQUESTED
Sergey & Oksana Shtempel
28 Woodberry Lane
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7452
RETURN RECEIPT REQUESTED
Volodymyr & Lyudmila Shkinder
61 Bingham Rd
Asheville, NC 28806
CERTIFIED MAIL - 7006 2150 0005 2459 7476
RETURN RECEIPT REQUESTED
Matthew R King
3 Murough Drive
Biltmore Lake, NC 28715
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2007-SS-0007
Removal of Best Usage
Other Waste (In-stream sediment)
Failure to Secure a 401 WQC
General Construction Stormwater Permit NCGO10000
Serenity Forest Site
Buncombe County
Dear Sirs:
On February 28, 2007, Division of Water Quality (DWQ) and Division of Land Resources (DLR)
staff from Asheville Regional Office and the Central Office conducted a site visit of the above
subject site. During the site visit DWQ and DLR met with Mr. William E. McCoy and Mr.
Anatoli Karatchoun.
rl orth Carol
'1vatllml,
N. C. Division of Water Quality 2090 US Highway 70, Swannanoa, NC 28778 828-296-4500
Asheville Regional Office
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page L of
Serenity Forest Site
Buncombe County
NOV-2007-SS-0007
During the site visit, DWQ noted several houses under constriction by various owners upslope
and in the drainage area of the stream onsite, an hint te. -. t?-ib?F taly fo sty edits n ?ne DWQ also
noted an adjacent and upslope residential area off of Fallen Spruce Drive known as Mt. Carmel
Village developed by Scenic View Terrace, LLC. Also during the site visit, DWQ staff observed
a stream crossing, measuring approximately 20 feet in length, with two pipes installed. Mr.
McCoy explained that this crossing has been in place a number of years, however one of the pipes
was installed recently. Upstream of this crossing, approximately 50 feet the streambed had been
excavated and there were several rock check dams installed. Mr. McCoy and Mr. Karatchoun
explained that this was in response to Buncombe County's request. Downstream from the
crossing DWQ observed approximately 270 linear feet of stream impacted from 8" to 12" of
sediment and approximately 151inear feet impacted from an in-stream sediment basin with an
installed riser. DWQ records indicate that the sediment impacts are on the property of Mr.
McCoy, Lot #'s 5807 and 4021, according to the Buncombe County website. Mr. McCoy and
Mr_ Karatchoun explained that the sediment basin was also in response to Buncombe County's
request.
Downstream of the sediment basin, DWQ observed a large area of land disturbance and fill
material for development purposes including Lot # 5296 owned by Scenic View Terrace, LLC
and Lot # 6576 owned by Anatoli and Lyubov Karatchroun, according to the Buncombe County
website. This fill material and land disturbance was located near the intersection of New
Leicester Highway and Timberwood Drive. Under this fill material, more than 400 feet of the
stream has been impacted from earthen fill and pipe installation. A large borrow pit was also
observed on Lot # 6576 with an installed corrugated pipe leading to the roadside ditch.
As a result of the site inspection and file review, the following violations and issues are detailed
below:
1. Removal of Best Usage
2. Other Waste (In-stream sediment)
3. Failure to Secure a 401 WQC
General -Construction Stormwater Permit NCGO10000
Item 1. Violation of Title 15A NCAC 02B.0211 (2) - Removal of Best Usage
The streambed excavation, installation of the rock check dams, installation of the stream crossing,
installation of the sediment basin and riser within the stream, and the placement of earthen fill
and pipe represent violations of Title 15A NCAC 02B .0211 (2) which states, "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."
Item 2. Violation of Title 15A NCAC 02B.0211 (3)f - Deposition of Sediment
The stream impacts from sediment deposition represent violation of Title 15A NCAC 02B .0211
(3) f which states "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;"
Page S of D
Serenity Forest Site
Buncombe County
NOV-2007-SS-0007
Item 3. Violation of Title 15A NCAC 2H .0500 - Failure to Secure a 401 Water Quality
Certification
The impacts in Item 1 require authorization from DWQ with a 401 Water Quality Certification.
DWQ file review revealed that a 404 permit Nationwide 39 was issued to David Day for 150 feet
of stream impacts. DWQ observed impacts to over 400 feet of stream from earthen fill and pipe
installation. The file review also confirmed that a Pre-construction Notification has not been
received by the Division of Water Quality for this project and that a 401 Water Quality
Certification has not been issued.
Item 4. Construction Stormwater General Permit NCG010000
Land disturbances of 1 acre or greater, including the large area of land disturbance located near
the intersection of New Leicester Highway and Timberwood Drive (Lot # 5296 owned by Scenic
View Terrace, LLC and Lot # 6576 owned by Anatoli and Lyubov Karatchroun), requires an
Erosion and Sedimentation Control Plan approved by the Division of Land Resources or the
appropriate delegated agency. Upon the approval of an Erosion and Sedimentation Control Plan,
the site is also covered under a General Permit (N00010000) to discharge Stormwater under the
National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North
Carolina Administrative Code 2H .0100.
Adherence to the approved Erosion and Sedimentation Control Plan is an enforceable component
of the General Permit. The General Permit not only requires that you follow the specifications of
the approved Plan, but also includes inspection and record keeping requirements for the project
site. Some of the other major permit requirements are outlined below. A full copy of this permit
(NCG010000) may be obtained . on line at
http://h-o.enr.state.nc.us/su/Forms_Documents.htm#StormwaterGP or at your request.
A. A rain gauge must be maintained on site and a record of the rainfall amounts and
dates shall be kept by the permittee.
B. The permittee must inspect all erosion and sedimentation control measures at least
once every seven calendar days [more often in some areas (Part I, Section B-1)] and
within 24 hours after any storm event of greater than 0.5 inches of rain per 24-hour
period.
C. Stormwater runoff discharges must be inspected by observation for stormwater
discharge characteristics as defined in the permit (Part I, Section B-2) at least once
every seven calendar days [more often in some areas (Part I, Section B-1)] and within
24 hours after any storm event of greater than 0.5 inches of rain per 24-hour period to
evaluate the effectiveness of the pollution control facilities or practices.
D. The permittee shall retain records of all monitoring information for a period of at
]east 5 years from the date of the sample, measurement, report or application (Part I,
Section B-3; Part II, Section D-3).
Required Response
This Office requires that you respond to this letter in writing within 30 days of receipt of this
Notice. Your response should be sent to both this office at the letterhead address and to the
attention of Mr. Shelton Sullivan at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
E Please explain the history of the above sites including when grading and construction
began.
Page 4 0£5
Serenity Forest site
Buncombe County
NOV-2007-SS-0007
2. Please explain why these impacts occurred without prior authorization.
3. Please provide documentation that all jurisdictional water features (e.g. streams,
wetlands). This plan should also describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on the
site.
4. Please submit the following documents for review and approval:
a. Stream Restoration Plan (earthen fill and pipe impacts) - Please explain how you
plan to restore the pattern, profile and dimension of the impacted stream channels
to include the removal of pipes, fill and riprap. The streambed must be restored
to the original profile, the stream banks must be stabilized, and any fill material
must be removed from the riparian zone. Replanting of the riparian zone will be
required.
b. Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Depending on the type of permits USACOE requires,
application for a 401 Water Quality Certification to DWQ will also be required.
Please note that sediment impacts to streams are not permittable.
c. Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permutable impacts, when an application will be submitted.
d. Stream Restoration Plan (sediment impacts) - Sediment impacts to the streams
onsite and downstream of the site must be removed. As a part of this plan, you
should provide the amount (depth) of material that has been deposited in the
floodplain, stream and any wetlands. This information should be depicted on a
map you provide. It is recommended that you use hand labor (buckets, shovels
and wheelbarrows) to remove deposited sediment from the stream channel. The
sediment should be removed from the channel, taken to high ground away from
the stream channel and stabilized. Also, the plan must address the measures that
will be used for temporary stabilization/sediment control while this work is under
sway.
e. You are encouraged to secure a consultant to assist you with your plan
development, permit, certification and authorization necessary to achieve
compliance.
5. It is required that you contact the Division of Land Resources and the U.S. Army Corps
of Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean
Water Act.
6. Please explain your compliance with your Construction Stormwater General Permit
NCGO10000 for Lot # 5296 owned by Scenic View Terrace, LLC and Lot # 6576 owned
by Anatoli and Lyubov Karatchroun, according to the Buncombe County website.
a. Please explain when you anticipate being in full compliance with the
Construction Stormwater Permit and your Erosion and Sediment Control Plan.
b. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements as detailed in Item 4. above for each
phase of the project. This information must include monitoring records through
to the date of your written response to this letter. Specifically, it is requested that
DWQ be provided a copy of all rain gauge data and weekly
inspection/monitoring reports related to your inspections of the approved
sedimentation and erosion control facilities and stormwater outfalls. Copies of
all corresponding inspections subsequent to rain events greater than 0.5 inches
are requested as well. Failure to provide this information will constitute