20140990 Ver 2_Correspondence_20180510

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Water Resources
Environmental Quality
May 10, 2018
Avery County Fire Commission
Attn: Johnny Mathes
P.O. Box 160
Plumtree, NC 28644
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Frank VFD
NOV-2017-WP-0007
Avery County
Response Deadline: June 15, 2018
Dear Mr. Mathes:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On October 9, 2017, the Asheville Regional Office of the Division of Water Resources (Division)
issued the Avery County Fire Commission (Commission) a Notice of Violation (NOV) for failing
to secure a 401 Water Quality Certification (WQC) related to the placement of fill in 0.02 acres of
wetlands and piping 240 feet of stream channel. On November 1, 2017, the Division received
notification from the Commission's environmental consultant, Wetlands & Waters, that the
Commission planned to pursue an after -the -fact 401 WQC to resolve the subject NOV. On
December 12, 2017, the Division received the Commission's application requesting an after -the -
fact 401 WQC. After review, the Division determined that the application was incomplete. The
Division wrote to the Commission's consultant on January 4, 2018, requesting additional
information in support of the application. To date, the Division has not received a complete
response to the request, or any indication that any progress is being made in addressing the request.
The Division is concerned with the Commission's progress in addressing the subject NOV. Until
a 401 WQC is issued for the project, the Commission will remain under NOV and will be subject
to civil penalty assessment pursuant to G.S. 143-215.6A.
The Division requests that the Commission provide a response to the January 4, 2018, request for
additional information by June 15, 2018. A copy of the requested information has been enclosed.
If the information is not received, the Division will be forced to return the application and, in order
to receive a 401 WQC, the Commission will be required to submit a new application along with
the appropriate fee.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Avery County Fire Commission
May 10, 2018
Page 2 of 2
Should you have any questions regarding these matters, please contact me at [phone] or
[e-mail].
Sincerely,
Qe�,oGuw i�Yoo-w
Andrew Moore
Environmental Specialist
Water Quality Regional Operations
Asheville Regional Office
cc: Perry Isner — Wetlands & Waters, Inc. (via email)
Amanda Jones — US Army Corps of Engineers (via email)
Phillip Barrier, Avery County Manager, P.O. Box 640, Newland, NC 28657
ARO file

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, January 04, 2018 11:25 AM
To: 'Perry Isner'
Cc: '[e-mail]'; Tuemmeler, Amanda J CIV (US)'
Subject: Request for Additional Information, Frank VFD, Avery County (DWR Project #
20140990V2)
Perry,
On December 12, 2017, the Division of Water Resources (Division) received your application dated November 7, 2017,
requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that
your application is incomplete and cannot be processed. The application is on hold until the following item is addressed:
Please provide a completed stormwater management plan (SMP) for review and approval. Alternatively, you
may provide calculations to document the project will not cause degradation of downstream surface waters. If
submitting calculations to document the project will not cause degradation of downstream surface waters, the
documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when
considering the volume and velocity of stormwater runoff from the project built upon area and the size and
existing condition of the receiving waterbody(ies). [15A NCAC 02H .0506 (b)(3)&(5)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received, the Division will be unable to
approve the application and it will be returned. The return of this project will necessitate reapplication to the Division
for approval, including a complete application package and the appropriate fee.
Feel free to contact me if you have any questions.
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: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.