20170401 Ver 1_NOV-2017-FK-0002_Pond Drawdown Fish Kill_20170707

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Water R.esources
Environmental Quality
July 6, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
H. Odell White
Gunpowder Development Corporation
10 River Drive
Granite Falls, North Carolina 28630
Return Receipt #
7016 1370 00016571 7525
Jimmy Perry, P.E.
TGS Engineers
804-C N. Lafayette Street
Shelby, North Carolina 28150
Return Receipt #
7016 1370 000165717532
Jerry Church, Town Manager
Town of Granite Falls
Post Office Drawer 10
Granite Falls, North Carolina 28630
Return Receipt #
70161370 000165717549
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Old Mill Pond Dam
NOV-2017-FK-0002
Stream Standaxd Violation — Other Waste (In-stream sediment)
Stream Standard Violation — Removal of Best Usage
Caldwell County
Response deadline: August 4, 2017
Dear 1VIr. White, Mr. Perry, and Mr. Church:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretu�y
S: JAY ZIMIVIERMAN
Director
On June 30, 2017, Kevin Barnett from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site visit at the Old Mill Pond dam in response to complaints
alleging a fish kill at the Old Mill Pond and downstream in Gunpowder Creek.
State ofNorth Carolin� � rnvironmental Quality � Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 2A778
82A-296-4500

Old Mill Pond Fish Kill
NOV-2017-FK-0002
Page 2 of 3
During the site visit, Old Mill Pond and Gunpowder Creek (classified WS-IV waters) were
observed to have been impacted by the drawdown of the impoundment, sediment deposition
downstream of the dam, and a fish ki1L
As a result of the site visit, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment)15A NCAC 02B
.0211 (12) — An undetermined length of Gunpowder Creek, classified WS-IV, was
impacted by sediment released from the dam, representing Water Quality Stream
Standard Violation of 15A NCAC 02B .0211 (12).
II. Conditions of Best Usage -15A NCAC 02B.0211 (2) — The in-stream waste (sediment)
and the fish kill from the pond drawdown are a violation of Title 15A North Carolina
Administrative Code 02B .0211 (2) which 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."
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by Au�ust 4, 2017. Your response
should be sent to this office at the footer address or via email to kevin.barnett cr,ncdenr.gov and
include the following:
Please submit the following documents for review and approval:
1. Please provide an explanation of how this incident occurred.
2. Sediment Removal Plan - 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 stream. This information should be depicted on a
map you provide. 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.
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 Barnett.

Old Mill Pond Fish Kill
NOV-2017-FK-0002
Page 3 of 3
3. Please include a discussion as to how Old Mill Pond will be refilled and how downstream
flow that is sufficient to protect aquatic and biological integrity will be maintained.
Additionally, a restocking plan should be developed and coordinated with the North
Carolina Wildlife Resources Commission. Please contact Christopher Wood with
NCWRC at 828-437-3777 for guidance in this regard.
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 Barnett at (828)
296-4657 or kevin.barnett(�a,ncdenr.gov.
Sincerely,
/ �
v�-� �
Z rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: William Elliott — USACE (email copy)
Dave Wanucha — NCDWR (email copy)
Stan Aiken — DEMLR (email copy)
Andrea Leslie — NCWRC (email copy)
Karen Higgins - 401 & Buffer Permitting Unit
ARO File Copy
G:\WR\WQ\Caldwell\Complaints\OIdMillPondFish KiI1�NOV-2017-FK-0002_Pond Drawdown Fish Kill.docx