20140881 Ver 1_Notice of Violation (NOV)_20180723

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MICHAEL S. REGAN
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LINDA CULPEPPER
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NORTH CARO INA
Environmental Quality
July 23, 2018
CERTIFIED MAIL #70131710 0002 1865 6877
RETURN RECEIPT REQUESTED
Mr. Jim Pitts
Dugger Valley Investment Group LLC
3050 Peachtree Rd. NW, Suite 370
Atlanta GA 30305-2296
Subject: NOTICE OF VIOLATION
NOV-2018-PC-0248
Project No. 2014-0881
Horton Branch Trail / Chetola Resort Shooting Range
Watauga County
Dear Mr. Pitts:
On June 20, 2018, Sue Homewood with the Winston Salem Regional Office of the Division of Water
Resources inspected the above noted property for compliance with DWR# 2014-0881- Approval of 401
Water Quality Certification. The inspection revealed that earthen ditches had been created to convey
stormwater directly to a stream along Horton Branch Trail, the access road to the Chetola Resort
Shooting Range.
T&T Legacy, LLC and Dugger Valley Investment Group LLC submitted a Pre -Construction Notification
(PCN) on August 8, 2014. The impacts were requested under U.S. Army Corps of Engineers Nationwide
Permit(s) 39, and the corresponding General Water Quality Certification #3890. DWR issued an approval
letter for the impacts on September 24, 2014. The approval letter specifies that the activities must
follow the conditions listed in the General Water Quality Certifications, as well as additional conditions
listed in the letter.
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North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800

Dugger Valley Investment Group LLC
Page 2 of 3
DWR 401 Approval #2014-0881 was jointly issued to T&T Legacy, LLC and Dugger Valley Investment
Group LLC for the Horton Branch Trail (Access Road) /Blue Ridge Mountain Club and Chetola Resort
Shooting Range on September 24, 2014. The Division has been provided with a plat dated June 2014
that indicates Dugger Valley Investment Group LLC is the owner of a portion of Horton Branch Trail
which provides access to the Shooting Range. The inspection revealed that discrete stormwater
conveyances (ditches) had been created along portions of the road access to the site to convey
stormwater directly to adjacent streams.
Accordingly, the following permit condition violations were noted during the Division of Water
Resources inspection and subsequent file review:
1. 401 Water Quality Certification Number 2014-0881 Additional Condition 4 states that "The
Division approves this project as a low-density development because the site plan depicts and
impervious surface area of under 24% and a stormwater drainage system that consists primarily
of vegetated conveyances." The inspection also revealed that discrete stormwater conveyances
(ditches) had been created within the Shooting Range site as well as along portions the road
access to the site to convey stormwater directly to adjacent streams.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address and include the
following:
1. A stormwater conveyance plan that shows all current stormwater conveyances along the
roadway and indicates whether the conveyance is currently vegetated.
2. A stormater conveyance restoration plan to convert all unvegetated conveyances to vegetated
swales and a permanent maintenance plan for all vegetated swales.
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.

Dugger Valley Investment Group LLC
Page 3 of 3
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 [e-mail].
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: WSRO File Copy
Karen Higgins -401 & Buffer Permitting Branch
Blue Ridge Mountain Club, PO Box 1727 Blowing Rock 28605
T&T Legacy LLC, PO Box 17, Blowing Rock NC 28605
Jon Swaim, McGill Associates (via email)