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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 3, 1999
CERTIFIED MAIL P-536 305 469
RETURN RECEIPT REQUESTED
Mrs. Paula Honeycutt
161 Shady Acres Lane
Reidsville, NC 27320
Subject: Notice of Violation
Failure to Obtain 404 Permits and Concurrent
401 Water Quality Certification
Mill Creek Motorcycle Race Track
Caswell County
Dear Mrs. Honeycutt:
On January 25, 1999 a site visit of the Mill Creek Motorcycle Track area
located off Shady Grove Road was conducted by Mr. Eric Black and Mr. Ron Linville
of this office. A follow up visit was conducted on the property on February 23, 1999
with the US Army Corps of Engineers and the Division of Land Resources as well as
with individuals from the NRCS and DS&WC.
These visits determined that motorcycle track construction activities had severely
impacted both Mill Creek and a tributary to Mill Creek. These impacts were within
the jurisdiction of the U. S. Army Corps of Engineers (COE). A berm (125'-150') had
been removed from Mill Creek for an apparent stream crossing. A jurisdictional
smaller stream had also been diverted directly into Mill Creek. This diversion
removed flow from roughly 2000'-2500' of apparently perennial stream. On this same
tributary approximately 350' of stream banks were piped and/or devegetated. These
activities are in violation of the Federal Clean Water Act and the State's 15A NCAC
2B .0200 Standards.
Clean Water Act 404 Permits and 401 Certifications are required for these
types of activities. As these were not obtained, it necessary that you restore the
affected areas to pre-existing conditions. You will need to apply for both a 404
Permit from the COE and a 401 Certification from the State for these restoration
activities. Specifically, it is necessary to 1) restore the flow to the small perennial
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tributary (into the original channel) which runs parallel to'Mill Creek, 2) restore the
high berm along Mill Creek, and 3) remove piping and other fill from the smaller
tributary. The smaller tributary, as well as the restored berm on Mill Creek, will need
to be stabilized and revegetated utilizing bioengineering techniques.
This project continues to be in violation with requirements of the United States
Clean Water Act Section 301. This site is also in non compliance with NCAC 15A
2H .0500 which requires application for these impacts. The DENR Land Quality
Section (DLQ) has also determined that these activities are without adequate sediment
and erosion control measures. Thus, you are subject to fines for water quality standard
violations until such time as you are in compliance with the DLQ best management
practices.
It is necessary that you respond to this Notice of Violation in writing within 30 days
of your receipt of this letter. A 404/401 Joint Application form is enclosed for your
convenience. Failure to respond to this Notice of Violation or to adequately address
these unauthorized activities can result in an enforcement action being pursued by one
or more of the following agencies: 1) NC Division of Water Quality, 2) US Army
Corps of Engineers, 3) US Environmental Protection Agency.
Please be aware that this failure to acquire a 401 Water Quality Certification
and other water quality standard violations subjects you to enforcement action by this
Division of civil penalties of up to $10,000.00 per day per violation. Each day the
violation continues is considered as a separate offense. Additionally, third party
lawsuits"pursuant to the Clean Water Act may also occur separately from any
regulatory requirements . Should you have any questions, please contact Mr. Ron
Linville or me at [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: John Dorney, NCDWQ 401 Section
John Thomas, USACOE
Central Files
WSRO
Matthew Gantt, DLQ