20181409 Ver 1_20180417_NOV2018-SS-0013_20180417

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Water Resources
Environmental Quality
April 17, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Avery's Creek LLC
Attention: Mr. Frederick Spiegel
21 Palm Avenue
Miami Beach, FL 33139
Return Receipt #
7009 1680 0000 7515 6227
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
The Preserves at Avery Creek Subdivision
NOV-2018-SS-0013
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Buncombe County
Response deadline: May 14, 2018
Dear Mr. Spiegel:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On April 10, 2018, Zan Price from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection at your property known as The Preserves at Avery
Creek on Starwood Valley Trail (Buncombe County Parcel Identification Number 9634-23-
2258-00000) in response to a violation of the Buncombe County soil erosion and sedimentation
control ordinance. You were present during the inspection.
During the site inspection, an unnamed tributary to Avery Creek, classified B, was observed to
have been impacted by sediment deposition from land disturbing activities originating from your
property. Recently deposited sediment was measured to be up to 14 inches in depth.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
L Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B
.0211 (12) — An undetermined length of an unnamed tributary to Avery Creek, classified
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

The Preserves at Avery Creek
NOV-2018-SS-0013
Page 2 of 3
B, was impacted by sediment deposition measured to be up to 14 inches in depth,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12).
II. Conditions of Best Usage - 15A NCAC 02B.0211 (2) — The stream impacts from in -
stream waste (sediment) discharges 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 May 14, 2018. Your response
should be sent to this office at the footer address or via email to zan.price(abncdenr.gov and include
the following:
1. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional features,
and should include plans to avoid further stream and wetland impacts on the site.
2. The site must be stabilized immediately and/ or proper erosion control measures installed
to prevent ongoing and continuing sedimentation impacts. Please coordinate these efforts
with Jason Guess with Buncombe County. Contact our office immediately if additional
sediment from your site is discharged to streams and/or wetlands.
3. Please submit the following documents for review and approval:
a. Sediment Removal Plan - Sediment impacts to the stream 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. It is recommended that you use hand labor
(buckets, shovels, and wheelbarrows) to remove deposited sediment from the
channel. 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. It is recommended to secure a consultant
experienced in stream restoration to assist you with your plan development and
authorization necessary to achieve compliance.
b. 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 Zan Price.

The Preserves at Avery Creek
NOV-2018-SS-0013
Page 3 of 3
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 Zan Price at (828) 296-
4662 or zan.pricegncdenr.gov.
Sincerely,
/fan, N�
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Andrea Leslie — NCWRC (email copy)
Amanda Jones — USACE (email copy)
Jason Guess — Buncombe County (email copy)
Karen Higgins - 401 & Buffer Permitting Unit
ARO File Copy
G:\WR\WQ\Buncombe\401s\Non-DOT\Preserve at Averys Creek\20180417_Preserve at Averys Creek_NOV2018-SS-0013.docx