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HomeMy WebLinkAbout20181409 Ver 1_20180801_CNOV2018-SS-0013_20180801s 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