20180765 Ver 1_NOV 2018SS0052_20180107

DocuSign Envelope ID: F4E90B87-DCED-4A9D-A641-2C2157E84F68
ROY COOPER
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[MICHAEL S. REGAIN
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LINDA CULPEPPER
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January 7, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NCq'rH CAROLINA
Errlrironmeretal gEfarily
High Hampton Resort, LLC / High Hampton Land, LLC
Attn: Owen Schulz
1525 Highway 107 South
Cashiers, NC 28717
Return Receipt #
7017 2620 0000 97591765
Daniel Communities, LLC
Attn: Owen Schultz
3104 Blue Lake Drive, Suite 200
Vestavia Hills, AL 35243
Return Receipt #
7017 2620 0000 97591857
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
High Hampton Country Club (DWR#20180765)
NOV-2018-SS-0052
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Wetland Standard Violation
Failure to Secure 401 Water Quality Certification
Jackson County
Response deadline: February 1, 2019
Dear Mr. Schulz:
On December 18, 2018, Kevin Mitchell and Zan Price from the Asheville Regional Office of the
Division of Water Resources (DWR) conducted a site inspection at your property south of NC
Highway 107 in Cashiers (Parcel Identification Number 7571-96-2365). The site inspection was
in conjunction with an onsite meeting to discuss the Individual Permit application for the High
Hampton Redevelopment Project. Representatives from the US Army Corps of Engineers
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North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

DocuSign Envelope ID: F4E90B87-DCED-4A9D-A641-2C2157E84F68
High Hampton Country Club
NOV-2018-SS-0052
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(USACE), North Carolina Wildlife Resources Commission, C1earWater Environmental, and
WGLA Engineering were present during the inspection.
During the site inspection, an unnamed tributary to Fowler Creek, classified C; Trout:+, was
observed to have been impacted by sediment deposition from the removal of an existing culvert
and installation of an in -stream check dam / catch basin. Recently deposited sediment was
measured to be at least 6 inches in depth. In addition, unauthorized impacts to streams and
wetlands were observed. Impacts included addition of rip rap to the streambed, streambank
stabilization, and wetland fill. DWR did not inspect the entire site on December 18, 2018.
Based on conversations with the USACE, DWR understands that additional unauthorized stream
and wetland impacts may have occurred at the site.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B
.0211 (12) — An undetermined length of an unnamed tributary to Fowler Creek, classified
C; Trout:+ was impacted by sediment deposition measured to be at least 6 inches in depth
throughout the stream reach, 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
unauthorized fill are violations 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."
III. Wetland Standard Violation —15A NCAC 02B .0231 (b) — The unauthorized fill of
approximately 0.004 acres of wetlands (Wetland 44: Stream and Wetland Delineation
Map) are violations of the following: 15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse
impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
IV. Failure to Secure a 401 Water Quality Certification — A review of records confirmed
that the DWR nor the US Army Corps of Engineers (USACE) have approved an
application for a 404 permit or 401 Water Quality Certification (WQC), prior to the
impacts noted above. An issued 404 permit and WQC are required pursuant to Section

DocuSign Envelope ID: F4E90B87-DCED-4A9D-A641-2C2157E84F68
High Hampton Country Club
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404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H
.0500.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by February 1, 2019. Your
response should be sent to this office at the footer address or via email to
kevin.mitchell&ncdenr.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. Please include
the entire project area. This documentation should describe and quantify all unauthorized
impacts to jurisdictional features and should include plans to avoid further unauthorized
stream and wetland impacts on the site.
2. Please explain why these impacts occurred without prior authorization.
3. The site must be stabilized immediately, and/ or proper erosion control measures installed
to prevent ongoing and continuing sedimentation impacts.
4. Please submit the following documents for review and approval:
a. Sediment Removal Plan - Sediment impacts to the streams 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 that you 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 Kevin Mitchell.
5. Culvert Removal Area: Contact the USACE to determine the appropriate after -the -fact
permit pertaining to the culvert removal area and associated wetlands along stream S36
per the Stream and Wetland Delineation Map. A 401 WQC will be required if the
activities are permitted by the USACE.
6. Additional Unauthorized Stream and Wetland Impacts: Two options exist to resolve
the additional violations related to the failure to secure a 401 WQC.

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High Hampton Country Club
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Revise your individual permit application to the USACE and receive a 404 Permit
pertaining to the additional unauthorized fill. A 401 WQC will be required if the
activities are permitted by the Corps. The application process as described does
not guarantee the impacts will be approved.
2. Remove the fill material and restore the stream and wetlands to pre-existing
conditions.
If pursuing Option 1:
a. Contact the USACE to determine the permitting needs of the unauthorized
activities you have undertaken. The Asheville office phone number is (828) 271-
7980.
b. Provide a proposed schedule of when you expect to have the required permit
application (401 WQC application) submitted to DWR.
If pursuing Option 2:
a. Please submit a stream and wetland restoration plan to this office for review and
approval. It is recommended that you secure an environmental consultant
experienced in stream restoration to assist you with development of your plan and
authorization necessary to achieve compliance. The plan must include the
removal of the impacts, restoration of the stream channels, and restoration of the
streambanks, buffers, and wetlands if applicable.
b. It is recommended that your consultant contact Kevin Mitchell of the Asheville
Regional Office for additional guidance during plan development. The plan
should include a proposed schedule with dates that indicate when you expect to
begin and complete the work. Once the plan has been implemented and is
complete, a final report documenting work should be submitted to Kevin
Mitchell.
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 Kevin Mitchell at (828)
296-4650 or kevin.mitchellkncdenr.gov.

DocuSign Envelope ID: F4E90B87-DCED-4A9D-A641-2C2157E84F68
High Hampton Country Club
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Sincerely,
/D�ocu_Signtyedd by:
I NI
62781 D2775374D0...
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brown —
USACE (email copy)
Sue Homewood
— NCDWR (email copy)
Stan Aiken — DEMLR (email copy)
Andrea Leslie —
NCWRC (email copy)
Steve Beasley —
Jackson County (email copy)
Tiffany Qualls —
Jackson County (email copy)
Clement Riddle
— C1earWater Environmental (email copy)
Allen Ratzlaff —
USFWS (email copy)
Karen Higgins —
401 & Buffer Permtting Unit
ARO File Copy
G:\WR\WQ\Jackson\401 s\Non-DOT\High Hampton\NOV\20190107_ HighHampton_NOV2018SS0052.docx