Image from Asheville Regional Office, NC Division of Water Quality report. The image is titled

Unauthorized Streambank Stabilization (RR ties)
(at Stable)
72 LF (length) x ~ 8 LF (depth)
May 19, 2010

Follow up report from July 15, 2010 – Site Visit #2 (Susan A. Wilson and Wayne Watkins (DLR))

Photodocumentation of existing impacts and additional impacts. Conversation with Mr. Kent.
Ms. Wilson asked him why he had not responded to NOV. Mr. Kent became volatile and
belligerent – indicated that he did not plan to get impacts permitted (but maybe he would remove
railroad ties and replace). Ms. Wilson said she had no choice but to move forward with an
enforcement action if that was the case.

The same spot on 11/08/2014. mostly unchanged

 a note from the state, from an enforcement letter sent to Gary Kent on 5/26 2010-

These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation.

If my math is correct, that is a fine of up to 41 million dollars. Not including the other violations

New information-I have been informed that someone at the state level negotiated with Kent's Lawyers to have the culverts and illegal retaining wall violations dismissed. This happened recently, but I don't have the paper yet. I asked if he would be required to bring the modifications to code, and if Kent would be responsible for erosion and road damage caused by the improper construction. I got no answer for that.

EPA contacted me and asked about the above. They are investigating to ensure that Kent was not given special treatment in having the charges dropped.

The water pollution issue is separate. Kent has until Feb. 7, 2015 to fix the pollution issues or face a fine of $3900.00.

As of 2/20/2015, NCDENR reported that none of the required pollution issues had been addressed.