20170998 Ver 1_Notice of Violation (NOV)_20171215

WaterRcsources
ENVI RONMENIAL QUAL17'Y
December 15, 2017
CERTIFIED MAIL #7012 2920 0000 3656 0847
RETURN RECEIPT REQUESTED
Mr. Derek Goddard
Blue Ridge Environmental Consultants PA
126 Executive Dr
Wilkesboro NC 28697
ROY COOPER
MICHAEL S. RE GAN
,S'AT,' hlrI °
LINDA C;ULPEPPER
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0715
Project No. DWR#2017-0998
Eric Green Stream Restoration
Wilkes County
Dear Mr. Goddard:
On December 12, 2017, Sue Homewood and Justin Henderson with the Division of
Water Resources Winston Salem Regional Office conducted a compliance inspection of
the Eric Green Stream Restoration with regards to 401 General Certification #4087:
DWR Project No. 2017-0998, issued to Blue Ridge Environmental Consultants PA on
September 29, 2016.
DWR Project No. 2017-0998, was issued to Blue Ridge Environmental Consultants PA
for 1235 linear feet of perennial stream impacts for the purpose of stream restoration of
Stoney Fork located on property owned by Eric Green, Property ID No. 2960-75-9567-
000 on Stoney Fork Rd in Wilkes County. During the compliance inspection, it was
determined that sediment or erosion control measures had not been installed along the
project length. In addition, it was evident that sediment losses had occurred to the
Stoney Fork downstream of the project limits.
Photographs provided to the Division from staff with the NC Wildlife Resources
Commission and from staff from the Division of Mineral and Energy Land Resources
indicate that since construction began through the Division's inspection on December
12, 2017 the project had not incorporated Best Management Practices for the control of
sediment and erosion or in accordance with design standards for sensitive watersheds
as indicated in the PCN form and that sediment had been released from the project into
downstream waters.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Page 2 of 3
NOV-2017-PC-0715
December 15, 2017
Accordingly, the following observations and permit condition violations were noted
during the Division of Water Resources inspection and subsequent file review:
1. General Certification #4087 Condition #11.5 states that "Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall
incorporate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur."
2. DWR #2017-0998 Authorization Letter dated September 29, 2017 Condition #2
states that "This approval is for the purpose and design described in your
application." On Item D. 1 b of the PCN form you stated that "Stringent erosion
control standards for sensitive watersheds will be adhered to. At the end of each
day the work will be stabilized."
3. The sediment deposition to the stream is a violation of Title 15A North Carolina
Administrative Code 02B .0211 (12) which states that "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;"
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar
days of receipt of this Notice. Your response should be sent to this office at the
letterhead address and include the following:
1. As evidenced during the inspection conducted by Division staff you have begun
installing erosion control matting along the streambanks. This work must be
completed immediately and prior to continuing the stream restoration work.
Please provide photographs of erosion control matting to Sue Homewood at
sue. homewoodCcD-ncdenr.gov upon completion.
2. Please provide a written response to this letter that indicates why the permit
conditions and application commitments were not followed.
3. Please provide a construction sequence and schedule for the continuation of the
project through final stabilization. The construction sequence should include
installation, inspection and maintenance schedules for all Best Management
Practices until the entire project is permanently stabilized.
Thank you for your attention to this matter. This office requires that the violations,
as detailed above, be abated immediately and properly resolved. Environmental
damage and/or failure to secure proper authorizations have been documented on the
subject tract as stated above. Your efforts to undertake activities to bring the subject
site back into compliance is not an admission, rather it is an action that must be taken in
order to begin to resolve ongoing environmental issues.

Page 3 of 3
NOV-2017-PC-0715
December 15, 2017
Pursuant to G.S. 143-215.6A, these violations and any future violations are
subject to a civil penalty assessment of up to a maximum of $25,000.00 per day
for each violation. Your above-mentioned response to this correspondence, the
degree and extent of harm to the environment and the duration and gravity of the
violation(s) will be considered in any civil penalty assessment process that may
occur. Should you have any questions regarding these matters, please contact Sue
Homewood at 336-776-9693 or me at 336-776-9696.
Sincerely,
I is, V� � MII
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
cc: William Elliot, USACE Asheville Regulatory Field Office (via email)
Eric Green, 3112 Colby Chase Dr, Apex NC 28539
WSRO File Copy
Karen Higgins — 401 & Buffer Permitting Unit