20081552 Ver 1_Notice of Violation_20080822

?OF W A TF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
August 22, 2008
CERTIFIED MAIL 7007 3020 0000 6279 7563
RETURN RECEIPT REQUESTED
Carolyn McDowell
PO Box 567
Wilkesboro, NC 28697
Subject: NOTICE OF VIOLATION
NOV-2008-OP-0043
Failure to Obtain a 401 Water Quality Certification
Five Springs Property on east side of Cove Gap Road
Wilkes County
Dear Mrs. Carolyn McDowell:
In response to notification from the Division of Land Resources, Amy Euliss from the Winston-Salem
Regional Office of the Department of Environment and Natural Resources, Division of Water: Quality
(DWQ) conducted a site inspection of the activities located at on the east side of Cove Gap Road, on
August 13, 2008. During the site visit, Ms. Euliss observed that the one perennial stream and one
intermittent stream, including the headwaters of the South Yadkin River and an Unnamed Tributary to the
South Yadkin River (WS-II, HQW, Yadkin River Basin) had been piped. As a result of these
observations, the Winston-Salem Regional Office conducted a file review. Accordingly, the following
violations were confirmed as a result of this review and the site inspection:
Failure to Obtain a Section 401 Water Quality Certification
The Winston-Salem Regional Office confirmed that installation of three pipes (approximately 320 linear
feet, Table 1) has occurred within a stream channel prior to the proper securing of a Section 404
Nationwide Permit from the U. S. Army Corps of Engineers. A Section 401 Water Quality Certification
is also required for the above-mentioned impacts pursuant to 15A NCAC 2H .0500. No Section 401
Water Quality Certification has been issued, nor are these activities covered by a General or Individual
Section 401 Water Quality Certification, therefore these activities occurred in violation of 15A NCAC 211
.0500.
Table 1: Permanent stream impacts associated with piping to the South Yadkin River and an Unnamed
Tributary to the South Yadkin River in Wilkes County, NC.
Stream id Stream type Piping (linear feet) Rip rap (linear feet)
UT 1 to South Yadkin River Intermittent 20 0
South Yadkin River Perennial 40 10
Preclusion of Best Usage
These impacts resulting from the placement of fill in waters and removal of the riparian area represent a
removal of best usage, which is a stream standard violation. Specifically, 15A NCAC 2B.0211 (2) states
Nor thCarolina
Na&mllm
North Carolina Division of Water Quality 585 Waughtown Street Winston Salem, NC 27107 Phone [phone] Customer Service
Internet: h2o.enr.state. nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Carolyn McDowell
August 22, 2008
Page 2
that the preclusion of best usage, which includes aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture, represents a water quality standard violation.
Required Response and Corrective Action
The Division of Water Quality requires that the violations detailed above be abated immediately. These
violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day for
each violation. The Division of Water Quality requests that you respond in writing within 15 days of
receiving this Notice.. Please submit your written response to Sue Homewood, Division of Water Quality,
Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem, NC 27107. Your response
should address the following items:
Please explain why you did not secure authorization from the U. S. Army Corps of Engineers (404
Permit) and the Division of Water Quality, N. C. Department of Environment and Natural Resources,
(401 Water Quality Certification) for this activity.
2. You must either secure an "after the fact" 404 permit from the US Army Corps of Engineers, and any
associated DWQ issued 401 certifications for all impacts to the streams,
OR
3. You must restore and stabilize the impacted stream. Prior to restoring the site, you must submit a
restoration plan to the Division of Water Quality for approval. Please indicate in your response a
proposed schedule explaining when the restoration activities will be accomplished.
We ask that you give your immediate attention to this matter and that your response address all of the
items listed above. Please be advised that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality regarding these issues. These
violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day for
each violation. Your response to this correspondence will be considered in this process. If you have
questions concerning this matter, or if this Office can be of assistance, please contact Amy Euliss, or me
at [phone].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Wetlands and Stormwater Branch, Compliance and Assistance Unit
DWQ Winston-Salem Regional Office

' ¦ Complete items 1, 2, and 3. Also complete A. 5 ature
item 4 if Restricted Delivery is desired. ^l
X ? Agent
¦ Print your name and address on the reverse d ? Addresse
so that we can return the card to you. B. Received b Printed Name) G. Date of Deliver
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? YEfs
1. Article Addressed to: If YES, enter delivery address below: ? No
Carolyn McDowell
567
PO B
ox
Wilkesboro, NC 28697 3. ice Type
Certified Mail ? Express Mail
Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
f - 4. Restricted Delivery? (Extra Fee)
7007 3020 0000 6279 7556 `---
PS Form 3811, February 2004 Domestic Return Receipt g d 1(72595-02-M-1 51

I m
..o
1 Ln
Posta
?.
Nov
Certified F?
Return Receipt t ee ` Postmark
1 (Endorsement Required) Here
1 O Restricted Dellvery Fee - t41
1 E:3
(Endorsement Required) 1.
Nod-
O Total Poe & fees f s?
1 rr1 ent 120
r` Carolyn McDowell
1 O or P( PO Box 567
r` ?l , Wilkesboro, NC 28697
0 Yes