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Home My WebLink AboutTHOMAS AND CAROL EVO2006-00075.TIFO o� v , c q OH QG oli�� CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8493 7590 Thomas and Carol Hayes 4220 3" St. NW Hickory, North Carolina 28601 Subject: Dear Mr. and Mrs. Hayes: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 17, 2007 Alan W. Klimek P.E. Director Division of Water Quality C —'( () fit' -oou1S 1 W 21W 1� UIIL!FIES AND NOTICE OF VIOLATION NOV # 2007 -OP -0044 Incident # 200701644 3 Street NW Catawba County On May 8, 2007, Stephanie Graham from the Mooresville Regional Office, Division of Water Quality (DWQ) investigated a complaint regarding impacts to an unnamed tributary of the Catawba River on 3 Street NW in Catawba County. During the site visit, the installation of an unauthorized stream culvert along with an additional stream segment impact due to mechanical land clearing and channel excavation were observed. Specifically, 40 feet of culvert has been installed within the stream channel, and an additional 25 feet of streambed and banks have been excavated. It was also noted that excavation has severely widened the stream channel, the culvert was improperly installed (culvert is perched above the streambed), and no erosion and sedimentation control measures were observed at the site. The following violations detailed below were observed during the site inspection: (1) Removal of Best Usage (2) Failure to Secure a 401 Water Quality Certification I� ,NalArm(lb North Carolina Division of Water Quality 610 East Center Ave_, Suite 301 Mooresville, NC 28115 Phone(704)663 -1699 Customer Service Internet ti2oencstate.nc.us FAX (704)663 -6040 1- 877L23 -6748 An Equal Opportunity/ARnnsiaw Action Employer- 5()% Rerycletl110 %Post Cwsumer Paper rage z of s Hayes Catawba County 15A NCAC 02B.0211 (2) — Removal of Use The culvert installation, downstream channel excavation, and the lack of erosion controls have resulted in the removal of use of the stream segment, a surface water standard violation. 15A NCAC 2B .0211(2) states the following: 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 he considered to be violating a water quality standard. 15A NCAC 2H.0500 — Failure to Secure a 401 Water Quality Certification DWQ site visit and file review confirmed that impacts occurred without a 404 Permit from the lMFb&yWs of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity. The file review confirmed that a Pre - construction Notification has not been received by the Division of Water Quality for this project and a 401 Water Quality Certification has not been issued. A Pre - Construction Notification submitted to DWQ is required prior to the above- mentioned impacts pursuant to 15A NCAC 214.0500. This Office requests that you respond to this letter in writing by June 18, 2007. Your response should be sent to both this office at the letterhead address aad to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617. Your response should address the following items: 1. Submit a Preconstruction Notification Form (PCN) to the Amy Corp of Engineers to apply for a Nationwide 18 permit, as well as, to DWQ to apply fora Water Quality Certification. 2. The 60 -inch culvert must be designed and installed in such a manner that the original stream profile is not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattem, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culvert and other structures in the stream must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic 1; 3. Stormwater may only be discharged to the stream in such a way that it does not cause degradation of the stream channel or stream banks. Please provide written documentation to show how the Stormwater will outlet from the stormwater pipe and flow into the stream channel. Any future degradation of the stream banks will require restoration of these areas. 4. Erosion and sedimentation control measures were not observed at the site, and sediment must be prevented from entering the stream. Sediment into the stream will constitute additional Water Quality violations. Contact Catawba County Utilities and Engineering Department for guidance and instruction on the installation of adequate erosion and sedimentation control measures for the project. Hayes Catawba County Please note that this Office may develop a Recommendation for Enforcement to the Director of the Division of Water Quality 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 Stephanie Graham or me at (704) 663 -1699. Thank you for your attention to this matter. Sincerely, 2 ' a L c--- Robert B. Krebs Regional Supervisor Surface Water protection cc: Danny Smith — NPS Assistance and Compliance Oversight Unit US Army Corps of Engineers - Asheville Regulatory Field Office Toni Norton — Catawba County Utilities and Engineering