20191022 Ver 1_NOV2019WP0003_20190327

ROY COOPER
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MICHAEL S. PECAN
Ser 1-Y
LINDA CULPEPPER
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March 27, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Meinardo Lopez
P.O. Box 2184
Highlands, NC 28741
Return Receipt #
70171070 0000 1776 0039
NCq'rH CAROLINA
Errlrironmeretal QEfalily
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
11205 Buck Creek Road
NOV-2019-WP-0003
Stream Standard Violation — Removal of Best Usage
Wetland Standard Violation
Failure to Secure 401 Water Quality Certification
Macon County
Response deadline: April 29, 2019
Dear Mr. Lopez:
On March 21, 2019, Kevin Mitchell and Tim Fox from the Asheville Regional Office of the
Division of Water Resources (DWR) conducted a site inspection at your property at 11205 Buck
Creek Road in Highlands (Parcel Identification Number 7541626326). The site inspection was
in response to Macon County requesting assistance for potential stream and wetland impacts.
David Brown with the US Army Corps of Engineers (USACE) was also present during the
inspection.
During the site inspection, approximately 100 feet of the Cullasaja River (Ravenel Lake),
classified WS -III; Trout, was observed to have been impacted by fill from channel realignment.
In addition, unauthorized impacts to wetlands were observed. Approximately 0.06 acres of
wetlands were impacted by grading and vegetation removal.
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

11205 Buck Creek Road
NOV-2019-WP-0003
Page 2 of 4
VIOLATIONS
I. Conditions of Best Usage - 15A NCAC 02B.0211 (2) — The stream impacts from
unauthorized fill and channel realignment 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."
II. Wetland Standard Violation —15A NCAC 02B .0231 (b) — The unauthorized fill of
approximately 0.06 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
III. 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
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 April 29, 2019. Your response
should be sent to this office at the footer address or via email to kevin.mitchell(d),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

11205 Buck Creek Road
NOV-2019-WP-0003
Page 3 of 4
to prevent ongoing and continuing sedimentation impacts. Coordinate these efforts with
Macon County Department of Planning, Permitting and Development.
4. Two (2) options exist to resolve the violations related to the 401 WQC:
Apply to the U.S. Army Corps of Engineers (USACE) for and receive a 404
Permit pertaining to the channel realignment, wetland grubbing, and any
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 all fill material and restore the stream and wetland to pre-existing
conditions.
If pursuing Option 1:
a. Contact the USACE to determine the permitting needs of the activities you have
undertaken. The Asheville office phone number is [phone].
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. You are encouraged to secure an environmental consultant experienced
in stream and wetland 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.

11205 Buck Creek Road
NOV-2019-WP-0003
Page 4 of 4
Should you have any questions regarding these matters, please contact Kevin Mitchell at (828)
296-4650 or kevin.mitchell(&ncdenr.gov.
Sincerely,
/dun. r�.i,Ca✓
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brown — USACE (email copy)
Stan Aiken — DEMLR (email copy)
Andrea Leslie — NCWRC (email copy)
Joe Allen — Macon County (email copy)
Karen Higgins — 401 & Buffer Permtting Unit
ARO File Copy
G:\WR\WQ\Macon\Complaints\201800571 210 Sparkling Lake Road\20190325_11205BuckCreekRoad_NOV2019WP0003.docx