20160716 Ver 1_More Info Requested_20160808 (3)

KIC
Water Resources
ENVIRONMENTAL QUALITY
July 29, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BWELand, LLC
Attn: James Deal
200 North Harbor Place, Suite C
Davidson, NC 28036-7919
Return Receipt #
7015 1520 0003 5463 0431
PAT MCCRORY
G,.—
DONALD R. VAN DER VAART
SOI"'N
S. JAY ZIMMERMAN
DI -1 -
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Lake James Development
NOV-2016-SS-0015
Stream Standard Violation - Other Waste (In -stream sediment)
Stream Standard Violation— Removal of Best Usage
Failure to Secure 401
Burke County
Response deadline: August 12, 2016
Dear Mr. Deal
On July 26, 2016, Kevin Mitchell from the Asheville Regional Office of the Division of Water
Resources (D WR) conducted a site inspection at your property on Highway 126 (PIN
1764087050 and 1764273930) in Burke County.
During the site inspection, un -named tributaries to the Catawba River (Lake James) (WS -V, B)
were observed to have been impacted by sediment deposition from overland flow originating
from your property. Recently deposited sediment was observed in two un -named tributaries and
Lake James measuring up to ten inches in depth. In addition, 401 Water Quality Certification
(WQC) violations were noted for unauthorized installation of two culverts. As a result of the site
inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B
.0211 (12) — An undetermined length of un -named tributaries to the Catawba River (Lake
James), classified WS -V, B waters were impacted by sediment deposition measured to be
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Lake James Development
July 29, 2016
Page 2 of 3
at least ten inches in depth throughout the stream reaches, 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." The sediment deposition in the un -named tributaries to the Catawba River
represents a removal of best usage.
III. Failure to Secure a 401 Water Quality Certification (WQC) - A review of records
confirmed that neither the D WR nor the US Army Corps of Engineers (USACOE) has
approved an application for a 404 permit or 401 Water Quality Certification. Approval is
required before impacts are in place pursuant to Section 404 of the Clean Water Act and
Part 15A of North Carolina Administrative Code 2H.0500.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by August 12, 2016. Your
response should be sent to this office at the footer address or via email to
kevin.mitchell(&ncdenr.gov and include the following:
1. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional features,
and should include plans to avoid further stream and wetland impacts on the site.
2. Please submit the following documents for review and approval:
a. Stream Restoration Plan -Sediment impacts to the stream 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 stream. 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
channel. The sediment should be removed from the channel, taken to high ground
away from the stream channel a minimum of thirty feet, and stabilized. The plan
must address the measures that will be used for temporary stabilization/sediment
control while this work is under way. You must secure a consultant experienced
in stream restoration to assist you with your plan development and authorization
necessary to achieve compliance.

Lake James Development
July 29, 2016
Page 3 of 3
It. Please include in your response a detailed schedule with dates explaining when
the restoration will be accomplished. Once the work is complete, a final report
documenting the results of the restoration should be submitted to Kevin Mitchell.
3. D WR received your 401 application on July 22, 2016. The application will be placed on
hold until the sediment violation is resolved. Please clearly explain why the installation
of two culverts occurred without prior authorization. If the impacts are not approved, you
will be required to restore the stream back to its original state.
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. These violations and
any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters, please contact
Kevin Mitchell at [phone] or kevin.mitchellAncdenneov.
Sincerely,
G. Landon Davidson, P.O., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: William Elliott —USACE (email copy)
Stan Aiken — DEMLR (email copy)
Andrea Leslie —NCWRC (email copy)
Karen Higgins - 401 & Buffer Permitting Unit
Peter Minter—Burke County Community Development (email copy)
Derek Goddard — BREC (email copy)
ARO File Copy
G\WR\WQ\ urke\40tsWon-DOTLakc James -Waters EdgeWOV]28. 16\NOV-2016-SS-0015-Lake James Development W.28.2016.docz