20181710 Ver 1_NOV2018SS0048_20181102

DocuSign Envelope ID: 4BE25E87-9BA6-4E9F-B261-1A3FD040AF72
November 2, 2018
CERTIFIED MAIL 7017 2620 0000 9759 3691
RETURN RECEIPT REQUESTED
RFM and Gwaltney Farms, LLC
Attn: Warren Wakeman
3026 S. Beech Mountain Parkway
Banner Elk, NC 28604
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Red Fox Meadows
280 Ralph Gwaltney Lane
NOV-2018-SS-0048
Failure to Secure 401 Water Quality Certification
Wetland Standard Violation
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Avery County
Required Response Date: December 3, 2018
Dear Mr. Wakeman:
On October 29, 2018, Andrew Moore from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of the RFM and Gwaltney Farms, LLC property at
280 Ralph Gwaltney Lane, Banner Elk, North Carolina, in response to a complaint alleging the
construction of a road was causing sedimentation to a stream channel on the property. You were
present at the time of the inspection.
During the site inspection, sediment deposition was documented within an unnamed tributary (UT)
of Whitehead Creek (Classified C; Trout) as a result of land disturbance associated with road
construction. Minimal erosion and sediment control measures had been installed. Recently
installed culverts were observed within the UT and within the headwater wetland of the UT. Road
cut material, predominately composed of cobble and boulders, had been disposed within the
headwater wetland. As a result of the site inspection and file review, the following violations were
identified:
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500
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November 2, 2018
CERTIFIED MAIL 7017 2620 0000 9759 3691
RETURN RECEIPT REQUESTED
RFM and Gwaltney Farms, LLC
Attn: Warren Wakeman
3026 S. Beech Mountain Parkway
Banner Elk, NC 28604
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
Red Fox Meadows
280 Ralph Gwaltney Lane
NOV-2018-SS-0048
Failure to Secure 401 Water Quality Certification
Wetland Standard Violation
Stream Standard Violation — Other Waste (In -stream sediment)
Stream Standard Violation — Removal of Best Usage
Avery County
Required Response Date: December 3, 2018
Dear Mr. Wakeman:
On October 29, 2018, Andrew Moore from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of the RFM and Gwaltney Farms, LLC property at
280 Ralph Gwaltney Lane, Banner Elk, North Carolina, in response to a complaint alleging the
construction of a road was causing sedimentation to a stream channel on the property. You were
present at the time of the inspection.
During the site inspection, sediment deposition was documented within an unnamed tributary (UT)
of Whitehead Creek (Classified C; Trout) as a result of land disturbance associated with road
construction. Minimal erosion and sediment control measures had been installed. Recently
installed culverts were observed within the UT and within the headwater wetland of the UT. Road
cut material, predominately composed of cobble and boulders, had been disposed within the
headwater wetland. As a result of the site inspection and file review, the following violations were
identified:
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

DocuSign Envelope ID: 4BE25E87-9BA6-4E9F-8261-1A3FD040AF72
RFM and Gwaltney Farms, LLC
November 2, 2018
Page 2 of 4
VIOLATIONS
1.Failure to Secure a 401 Water Quality Certification (WQC) — Title 15A NCAC 02H
.0500 requires water quality certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into
jurisdictional waters, including wetlands, as described in 33 CFR Part 323. A file review
confirmed that a Pre -Construction Notification has not been received by the DWR for
this project and that a 401 Water Quality Certification has not been issued.
2.Wetland Standard — 15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
cause adverse impacts on existing wetland uses;
The disposal of road spoil material within the wetland is a violation of wetland standards.
3.Other Waste (In -Stream Sediment) — 15A NCAC 02B .0211 (12) — Title 15A NCAC
02B .0211 (12) requires that "Oils, deleterious substances, colored, or other wastes; only
such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses." An undetermined length
of an unnamed tributary of Whitehead Creek (Class C; Trout) was impacted by sediment
deposition within isolated pools measured up to 5 inches in depth.
4.Removal of Best Usage — 15A NCAC 02B .0211 (2) — Title 15A NCAC 02B .0211 (2)
requires that "The waters shall be suitable for aquatic 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." The sediment deposition with the
UT to Whitehead Creek represents a removal of use.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by December 3, 2018. Your response should
be sent to the attention of Andrew Moore at the footer address or Andrew.W.Moore(a0cdenr.gov
and should address how you plan to resolve this Notice of Violation.
Two (2) options exist to resolve the 401 Water Quality Certification violation:
Apply to the USACE for and receive a 404 Permit pertaining to the existing stream and
wetland impacts. A 401 WQC will be required if the activities are permitted by the USACE.
The application process as described does not guarantee the impacts will be approved.
Please note that sediment impacts to streams are not permittable.

DocuSign Envelope ID: 4BE25E87-9BA6-4E9F-8261-1A3FD040AF72
RFM and Gwaltney Farms, LLC
November 2, 2018
Page 3 of 4
If pursuing this option, DWR will require a map depicting all jurisdictional water features
on the site.
2. Restore the stream and wetland to their pre-existing condition.
a. Includes removal of the culverts and restoration of the wetland, stream channel,
streambanks, and buffer along the stream.
If pursuing Option 1:
1. Contact the USACE to determine the permitting needs of the activities you have
undertaken. The Asheville office phone number is [phone].
2. Provide a proposed schedule of when you expect to have the required permit application
(401 WQC application) submitted to the DWR.
If pursuing Option 2:
Submit a Stream and Wetland Restoration Plan to this office for review and approval. The
plan must provide details regarding how the culverts will be removed, how the stream
channels and wetland will be restored, and how the buffer along the streambanks will be
restored. The Plan must be approved by DWR before being implemented.
2. The plan must include the measures that will be used for temporary stabilization and
sediment control while this work is under way.
3. Once the restoration is complete, you must notify this office so that a follow-up inspection
may be conducted.
To resolve the stream and wetland standard violations:
1. Please submit a Sediment Removal Plan (Plan) to this office for review and approval.
The Plan must address removal of accumulated sediment from all surface waters. The
Plan shall also address the method of stabilizing the area to prevent the discharge of
additional sediment to the stream. This office recommends you secure an environmental
consultant experienced in stream restoration to assist you with developing your Plan. It is
recommended that your consultant contact Andrew Moore of the Asheville Regional
Office for additional guidance during Plan development. The Plan should include:
• A narrative explaining how disturbed areas will be stabilized to prevent the discharge
of sediment to the streams.
• A narrative explaining how sediment will be removed including techniques,
manpower and tools to be used.

DocuSign Envelope ID: 4BE25E87-9BA6-4E9F-8261-1A3FD040AF72
RFM and Gwaltney Farms, LLC
November 2, 2018
Page 4 of 4
• A proposed schedule with dates that indicate when you expect to begin and complete
the removal of sediment.
• A narrative explaining how and where the removed sediment will be disposed and
stabilized.
• A narrative explaining how turbidity will be minimized during the repair and
sediment removal work.
Once the works is complete, you shall contact Andrew Moore so that a follow-up
inspection may be conducted.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Andrew Moore at [phone] or Andrew.W.Moore(c�,ncdenngov.
Sincerely,
DocuSigned by:
N;�
62761 D2775374D0...
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins — 401 & Buffer Permitting Unit
Amanda Jones — US Army Corps of Engineers (via email)
Stan Aiken — Division of Energy, Mineral and Land Resources (via email)
Shawna Riddle — Division of Energy, Mineral and Land Resources (via email)
Avery County Planning
ARO file
G:\WR\WQ\Avery\401s\Non-D0T\Red Fox Meadows\1 1022018RedFoxMeadows NOV2018SS0048.docx