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Water Resources
Environmental Quality
August 1, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Avery's Creek LLC
Attention: Mr. Frederick Spiegel
21 Palm Avenue
Miami Beach, FL 33139
Return Receipt #
7017 2620 0000 9759 4889
SUBJECT: CONTINUING 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: August 17, 2018
Dear Mr. Spiegel:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On July 25, 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) as a follow up inspection to a previous Notice of Violation (NOV-2018-SS-0013,
dated April 17, 2018). The purpose of the site inspection was to confirm that sediment had been
removed from an unnamed tributary to Avery Creek per the required response of the subject
NOV.
During the site inspection, the unnamed tributary to Avery Creek, classified B, was observed to
have been impacted again by sediment deposition from land disturbing activities originating
from your property. Recently deposited sediment was measured to be up to 8 inches in depth.
The purpose of this correspondence is to notify you of the continuing stream standard violations
at your site.
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
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B
.0211 (12) — An undetermined length of an unnamed tributary to Avery Creek, classified
B, was impacted by sediment deposition measured to be up to 8 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 August 17, 2018. Your
response should be sent to this office at the footer address or via email to zan.pricekncdenr.gov
and include the following:
1. 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.
2. 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.
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.
The Preserves at Avery Creek
NOV-2018-SS-0013
Page 3 of 3
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.
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.pricekncdenr.gov.
Sincerely,
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)
Clement Riddle — Clearwater Environmental (email copy)
Gary Davis — Davis Civil Solutions (email copy)
Karen Higgins - 401 & Buffer Permitting Unit
ARO File Copy
G:\WR\WQ\Buncombe\401s\Non-DOT\Preserve at Averys Creek\20180801_Preserve at Averys Creek_CNOV2018-SS-0013.docx