20150938 Ver 1_NOV Response_20160816

Burdette, Jennifer a
From: Joel Lenk <[e-mail]>
Sent: Tuesday, August 16, 2016 10:27 AM
To: Moore, Andrew W
Cc: Burdette, Jennifer a; '[e-mail]';
'[e-mail]'; Jones, Scott SAW; Christen Miller
([e-mail])
Subject: RE: Notice of Continuing Violation, NOV-2015-CV-0003, French Broad Crossing
Development, Madison County
Attachments: 15017-FBC 81616 Resp to DWR NOV Ltr.PDF
Andrew,
On behalf of River Club Investors, LLC please find attached a response to the referenced notice. We appreciate your
consideration, and apologize for the delay in this project. We are working to move it along as quickly as possible.
Thank you,
Joel D. Lenk, P.G.
WNC Office Manager
Quible & Associates, P.C.
P.O. Box 87
Fairview, NC 28730
828.280.8375
www.guible.com
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From: Moore, Andrew W[mailto:[e-mail]]
Sent: Tuesday, August 9, 2016 4:10 PM
To: Joel Lenk <[e-mail]>
Cc: Burdette, Jennifer a <[e-mail]>; '[e-mail]'
<[e-mail]>; '[e-mail]' <[e-mail]>; Jones,
Scott SAW <[e-mail]>; Christen Miller ([e-mail])
<[e-mail]>
Subject: Notice of Continuing Violation, NOV-2015-CV-0003, French Broad Crossing Development, Madison County
Please see the subject notice attached.
Andrew W. Moore, P.G.
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: Andrew.W.MooreQncdenr.gov

2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email corresponclence to and fi`om thlois address is sut-Yect to tlhe
Alotill-I Carolina Public Records 'Law and may be disclosed to thloird patlies,

N • -
Quible & Associates, P.C.
Western North Carolina Office
GEOLOGY • PLANNING • ENVIRONMENTAL SCIENCES & RESTORATION
August 16, 2016
Mr. Landon Davidson
Regional Supervisor
Water Quality Regional Operations
NC DEQ — Division of Water Resources
Asheville Regional Office
2070 US Highway 70
Swannanoa, NC 28778
P.O. Box 87
Fairview, NC 28730
Phone: [phone]
Phone: [phone]
Web: quible.com
Transmitted via email:
andrew. w.moorePncdenr. gov
RE: Notice of Continuing Violation and Recommendation for Enforcement
French Broad Crossing Development
NOV-215-CV-0003
Madison County
Response Deadline: August 23, 2016
Mr. Davidson,
Quible & Associates, P.C. (Quible), on behalf of Mr. Fisher and River Club Investors, LLC, are in receipt of
the referenced Notice of Continuing Violation and Recommendation for Enforcement (NOV) letter dated
August 9, 2016. It is understood that this NOV-215-CV-0003 is associated with the French Broad
Crossing development (FBC), Parcel Identification Number (PIN): 8789709094 in Madison County, North
Carolina.
River Club Investors, LLC has chosen and initiated Option 1 outlined in your August 9, 2016 letter and
below:
"Apply to USACE and receive a 404 permit, for the proposed culverts, stream modifications or fill. A 410
WQC will be required if the activities are permitted by USACE. The application process as described
does not guarantee the impacts will be approved."
A preliminary Jurisdictional Determination (JD) was prepared and submitted to USACE and NC DEQ -
Division of Water Quality (DWQ) by Quible on October 21, 2015. The preliminary JD was approved by
USACE and DWQ. Field calls and flagging delineating Waters of the US (WOTUS) made by Quible were
approved by Ms. Tasha Alexander of USACE and Mr. Andrew W. Moore of NC DWQ. River Club
Investors, LLC committed to obtaining a NC licensed survey of WOTUS and existing impacts flagged by
Quible for a final Authorized JD. Herron Associates of Waynesville, NC was contracted on or about
December 20, 2016 to survey the WOTUS and existing impacts flagged by Quible and produce drawings
and plats documenting the exact volume of jurisdictional features and impacts identified within FBC for
a final JD. The JD is needed before an After -the -fact, 404 Individual Permit (IP) and associated 401 WQC

can be applied for existing and proposed impacts at the site. The IP application will include a mitigation
plan for the impacts at the site. Existing impacts at the site were voluntarily reported by Quible to
USACE and NC DWQ on behalf of River Club Investors, LLC in order to bring the site into compliance and
permit additional unavoidable impacts associated with development of an in-line pond needed for
storage of water for fire suppression. Fires ignited by the railroad located at the bottom of the
development have burned significant portions of the property on at least two occasions.
Progress by the surveyor has been slow. The site is large (600+ acres) and rugged and the field portion
of the survey took place in mid -winter. The field portion of the survey work was completed in late
spring 2016 and apparently Herron Associates is having staffing and production difficulties which is
delaying the receipt of the needed survey and drawings. Quible has contacted and met with
representatives of Herron Surveying on numerous occasions regarding both the field and office portions
of the survey work. Most recently on August 4, 2016 Quible inquired with Mr. Mark Wilson of Herron
Associates about the status of the survey drawings. Mr. Wilson informed Quible that he was no longer
working on the project. Quible reported concerns regarding the status of the survey to The Preserve
Communities and River Club Investors, LLC. in early August. Mr. J. Randy Herron, PLS for the Herron
Associates contacted Quible about the status of survey drawings on August 4, 2016 and assured that he
was working on the drawings and estimated that drawings would be ready for submittal "in a couple
weeks". Quible Mr. Herron's response to mean that the drawings will be ready on or about August 18,
2016. Once Quible is in receipt of the survey for the JD it will submit the survey to USACE and DWQ for
review. Within one week of approval of the survey by USACE Quible will submit the final JD. While the
JD is being reviewed by USACE Quible will be finalizing the 404 IP application for submittal. North
Carolina DWQ will be copied on all submittals to USACE regarding this NOV, the JD, 404 permitting, and
mitigation for this project.
Please respond with any questions or request for additional information to [phone] or
[e-mail]
Sin My,
Quible & Associates, P.C.
Joel D. Lenk, P.G.
cc: Mr. Jack Fisher, River Club Investors, LLC
Ms. Christen Miller, The Preserve Communities, LLC
Ms. Tasha Alexander, USACE