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HomeMy WebLinkAbout19970844 Ver 1_COMPLETE FILE_19970929State of North Carolina Department of Environment and Natural Resources / • • Division of Water Quality James B. Hunt, Jr., Governor D E N R Wayne McDevitt, Secretary Kerr T. Stevens, Director May 10, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Russell F. Vannoy, Owner Mr. Howard Turnmire, President Ashe County Motors 409 East 2"d Street, Box 66 West Jefferson, N.C. 28694 Dear Sirs: On September 29, 1997 you notified the North Carolina Division of Water Quality (NCDWQ) of your plans to relocate and culvert 430' of stream located at Highway 221 in West Jefferson. On November 19, 1997 NCDWQ sent you a letter detailing our concerns about the culverting and relocation of the stream and requested supporting information regarding why it was necessary to construct your project as proposed and that we were moving towards denial of your 401 Water Quality Certification. On December 17, 1997 Ms. Jenny Rankin of NCDWQ's Winston-Salem Regional Office visited the site and found that work had already commenced without the required prior authorization by NCDWQ. Subsequent to Ms. Rankin's inspection, Mr. Eric Fleek from NCDWQ's Central Office, and Mr. Ron Linville, Mr. Eric Black and Ms. Rankin from the Winston-Salem Regional Office visited the site again and documented that significant aquatic life uses exists in the stream. As a result of this December 17, 1997 inspection, a Notice of Violation was issued to you on March 2, 1998 informing you of the violations and detailing what options you had to bring your project into compliance. Namely these options were: 1) Remove the culvert to less than or equal to 150'- thereby exempting you from stream mitigation and the construction of a stormwater pond, 2) Reduce the length of stream culverted to lessen the amount of mitigation required and construct a stormwater pond, 3) Submit a payment to the North Carolina Wetland Restoration Program (NCWRP) in the amount of $53,750 for 1:1 stream impacts at $125.00 per foot and construct a stormwater pond, or 4) Submit a detailed mitigation plan for wetland restoration, creation, enhancement, and/or preservation of a wetland and/or stream area elsewhere within the New River Basin and construct a stormwater pond. This Notice of Violation gave you 14 days to respond. Subsequent to the March 2, 1998 Notice of Violation, your attorney, Mr. Jimmy D. Reeves responded to these aforementioned matters. On March 26, 1998 the Winston-Salem Regional Office Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper rebutted. Then on June 22, 1998 Mr. A. Preston Howard, Jr. (then Director of NCDWQ) responded to Representative Rex Baker's inquiries regarding the particulars of this project. Mr. Howard's letter noted that he would not take any enforcement action related to Mr. Vannoy's actions and that the amount of mitigation required would be 180' instead of the originally required 430', and that Mr. Vannoy must construct an onsite stormwater pond. Subsequent to this letter, Mr. Howard agreed at the request of either Representative Baker or Mr. Vannoy to visit the site. In March of 1999, Mr. Howard resigned as the Director of NCDWQ before he had the opportunity to visit the site. Therefore, in order to resolve this issue, we are offering to meet with you onsite to discuss options available to bring this matter to conclusion. In addition, please be advised that as a result of an April, 1999 meeting in Asheville, North Carolina the Environmental Management Commission has required NCDWQ to develop and implement automatic penalties for a variety of violations of State wetland law. Of these, there is an automatic civil penalty for work done without prior NCDWQ authorization. An automatic civil penalty assessment in the amount of $4000.00 can be assessed against you for the actions detailed above. Furthermore, additional enforcement measures may be taken against you for failing to bring your project into compliance. Please respond to this letter within 21 days upon your receipt. If you have any questions regarding this matter please feel free to call Mr. Eric Fleek or myself at (919) 733-1786. R. ?Ve r Quality Ce if' ation Program Cc: Ron Linville, NCDWQ Winston-Salem Regional Office John Thomas, USACOE Raleigh Field Office Kathy Matthews, USEPA State of North Uaroiina Department of Environment and Natural Resources LT1.9;VA Division of Water Quality , &1 James B. Hunt, Jr., Governor E N Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director March 2, 1998 DWQ# 970844 Ashe County CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. Russell F. Vannoy, Owner Mr. Howars Turnmire, President Ashe County Motors 409 East 2id Street, Box 66 West Jefferson, N.C. 28694 SUBJECT: NOTICE OF VIOLATION Ashe County Motors Dear Mr. Vannoy and Mr. Turnmire: On September 29, 1997 you notified the North Carolina Division of Water Quality (NCDWQ) of your plans to relocate and culvert 430' of stream located at Hwy. 221 in West Jefferson. In accordance with 15A NCAC 2H .0506, on November 19, 1997 NCDWQ sent you a letter detailing our concerns about the culverting and relocation of the stream and requested supporting information as to why it was necessary to construct your project as proposed. In addition this letter also notified you that we were moving toward denial of your 401 Water Quality Certification as per 15A NCAC 2H.0507(e). On December 17, 1997 Ms. Jenny Rankin of NCDWQ's Winston-Salem Regional Office visited the site and found that work had already commenced without prior NCDWQ written approval. This action is a violation of the Federal Clean Water Act As a result, we sent a letter dated January 12, 1998 reiterating our concerns about this project and requesting your response to this unauthorized activity. On February 13, 1998 Mr. Eric Fleek from NCDWQ's Central Office and Mr. Ron Linville, Mr. Eric Black and Ms. Jenny Rankin from NCDWQ's Winston-Salem Regional Office visited this site. As a result of this inspection, it was determined that significant aquatic life exists in the culverted stream. Consequently, you have the following options available to rectify this matter: 1) You can remove the culvert to less than or equal to 150 feet and will therefore not be required to conduct mitigation or construct a stormwater pond, 2) You can reduce the length of stream culverted to lessen the amount of mitigation required AND construct a stormwter pond, 3) You may make a payment of $53,750 into the N.C. Wetland Restoration Program (NCWRP) for 1:1 stream impacts at $125.00 per foot (e.g., S125.00X 430') AND construct a stormwater pond, or 4) Submit a detailed mitigation plan for wetland restoration, creation, enhancement, and/or preservation of a wetland and/or stream area elsewhere within the New River Basin AND construct a stormwater pond. Option #4 will only be approved upon the Director of the N.C. Division of Water Quality's discretion and will therefore require extensive documentation. Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measure you plan to implement to rectify this matter. If this situation is not appropriately addressed enforcement action may be pursued against you by one or more of the following agencies: U.S. Army Corps of Engineers (USACOE), NCDWQ, and or the U.S. Environmental Protection Agency (USEPA). In addition, please note that your 404 (USACOE) Permit allowed you to culvert only 180' of stream. Therefore, you also appear to be in violation of your 404 permit. You should contact Mr. John Thomas of USACOE (919-876-8441 EXT. 25) to address this matter as well. If you have any questions regarding this matter please feel free to call Mr. Eric Fleek or myself at (919) 733-1786. 4ater 1 /'z /^n W Davey Quality Certificatio am ?, d 6 -A I ` Cc: Ron Linville, NCDWQ Winston-Salem Regional Office John Thomas, USACOE, Raleigh Field Office 2Y Kathy Matthews, USEPA Ron Ferrell, NCWRP Greg Edney, West Jefferson Town Manager Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportta* AMMXI Ne Action Employer 50% recycled/10% post consumer paper ? ?OtR???WJ T r n MAN" N40 4TH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED DIVISION OF WATER QUALITY UUN 24 W6 RA* NCDENR WATER QU&ITY SECTION June 22, 1998 Non-Uscharge Branch JAMES B. HUNT.IR. .?I{ry 2 4 199V rovER"CR Representative Rex Baker +v1, Legislative Office Building i ONgtitR UUALITY Room Number 632 J JUN 2 5 199 a ECTION ' wA,NsMcDewTTRaleigh, NC 27601 ?.? BUCR ETARV WE i?I TER Subject: Ashe County Motors A. PRESTON "OwAR JR Dear Representative Baker: ., RE. DIRECTOR In response to your inquiries, I have reviewed our files on the subject project and discussed the project with Division staff who have been in communication with Mr. Vannoy. As understand the facts, Ashe County Motors culverted and filled approximately 430 feet of Little Buffalo Creek in the Town of West Jefferson. It appears that the owners proceeded to construct the culvert following conversations with Ms. Rankin of our Winston-Salem Office, who had indicated to the owners that there should be no problem in securing a permit to perform the work. The stream at this point does have fish in it, but is otherwise impacted by urban development in and around West Jefferson. Ms. Rankin indicates that she did not, at any time, authorize or suggest that the owners proceed to fill the creek before they received the necessary permits. However, neither did she indicate to them that if they did fill the creek for a section longer than 150 linear feet, they would be required to compensate for the lost stream by providing stream mitigation. Under normal circumstances, projects like this one would be required to replace the 430 feet of impacted stream by either (1) restoring 430 feet of stream at some other location, or provide some other suitable compensatory mitigation measures, or (2) pay into the Wetland Restoration Fund at the P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733-7015 FAX 919-733-2496 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER rate of $125 per foot of stream impact (in the present case.... $125 x 430' = $63,750). Had Mr. Vannoy pursued the permit in the normal course, I believe that most, if not all, of the confusion surrounding this project, as well as many of the stream impacts, could have been avoided. But as they say...."hind site is 20-20". Therefore, in light of the confusion that quite obviously has surrounded this project, and to the extent that some of that confusion may be attributable to DWQ staff, I propose the following resolution for the subject project: First, I will not take any enforcement related actions against Mr. Vannoy for proceeding with construction of the culvert and filling of the creek, without first obtaining the necessary approvals from DWQ. Second, I will reduce the amount of mitigation required for this project from 430 feet to 180 feet (the actual length required to relocate the stream). Thus, Mr. Vannoy may either work with staff to identify a suitable mitigation plan that incorporates mitigation for 180 feet of stream, or he may choose to write a check to the Wetlands Restoration Program in the amount of $22,500. Third, Mr. Vannoy must construct the stormwater retention pond onsite that he and staff have conferred on over the past few months. We will do our best to work with him to place the pond in a location that does not unnecessarily disrupt the operation of his dealership. I hope that you will agree that that this is a suitable compromise under the circumstances. If you wish to discuss this matter in further detail, please do not hesitate to call me at (919) 715-7547. Sincerely, /0 -?% A. Preston Howard, Jr., E. Wade E. Vannoy, Jr. (1927-1991) Jimmy D. Reeves David A. Jolly 306 East Main Street West Jefferson, North Caroline 28694 (336)246-7172 Fax(336)246-5966 10 March 1998 Mr. John Dorney Water Quality Certification Program North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolin t 27007 RE: Ashe County Motors, Inc. Your file no. DWQ#970844 Dear Mr. Dorney: Please Reply To: P. O. Drawer 67 West Jefferson, North Carolina 28694 "NR ? 3 Your letter to Messrs. Russell F. Vannoy and Howard J. Turnmire of 2 March 1998 has been delivered to me for reply. As you probably know, the work performed on the subject real property here in Ashe County was done by Mr. Larry Brooks, a lifelong resident of Ashe County who has many years experience in the type of work undertaken in this matter. Prior to commencing the work, Mr. Brooks contacted Mr. John Thomas of the Corps of Engineers. Mr. Thomas met with him, examined the site of the project, and issued a permit. It is my understanding that your statement concerning the Corps of Engineers permit is incorrect in that Mr. Thomas knew that the total length of the project would be 430 linear feet with 180 linear feet being the length of the actual relocation of Little Buffalo Creek. Mr. Brooks also met with Ms. Jenny Rankin of your office prior to commencing the project. He informs me that Ms. Rankin told him that your agency normally does not like for over 150 linear feet of pipe to be placed in a stream but that, because of the unsightly appearance of the stream, she did not feel that there would be a problem with the project as planned and that she would prepare and send him a permit. He states that he contacted her on several occasions and was always told that the permit would be forthcoming. A bridge to a private residence in the area was in a very poor and unstable condition and a main sewer line of the Town of West Jefferson municipal sewer system was located under the bridge. Fuel trucks could not travel across the bridge to the private residence and the Town of West Jefferson had concern that, if the bridge should collapse, major problems would result if the sewer line was crushed. To quickly complete the project was, therefore, the goal of many people. ATTORNEYS & COUNSELLORS AT LAW Vannoy & Reeves { Mr. John Dorney 10 March 1998 Page 2 Ms. Rankin never told Mr. Brooks not to proceed and represented to him and the West Jefferson Town Manager that the completion of the project should cause no major problems beyond a possible "slap on the wrist." This attitude changed only at the time of the last meeting when Mr. Fleek accompanied her. am also told that neither the owners nor Mr. Brooks or any of his employees ever observed aquatic life in the area improved. The "small shiners and/or chubs" were located in the stream below an existing old concrete bridge which I understand is approximately 18" lower that the portion of the stream affected and that, therefore, it is impossible for those shiners and/or chubs to travel upstream. Based upon all of the facts in this matter, this is to respectfully request that no enforcement activity be instituted in this matter. The owners and I will be glad to meet with you and discuss the matter further if you so desire. Thanking you in advance for your consideration in this matter, I am Sincerely, VANNO EVES Jimmy D. Reeves J D R/bvo cc: Mr. Howard J. Turnmire Ashe County Motors chronology Wetlands/401 Group June 16, 1998 Application received from COE via fax COE issued 404 for 0.5 acres waters WSRO recommendation Redesign or migitation Work done On hold - DWQ DWQ followup letter Response DOT Ashe Motors Stormwater okay, mitigation unclear DWQ site visit by WSRO and Eric Fleek DWQ followup letter after site visit - options re resolution Response from attorney WSRO rebuttal to lawyer 9/29/97 10/16/97 11/5/97 11/19/97 1/12/98 1/23/98 1/29/98 2/23/98 3/2/98 3/10/98 3/26/98 Need: response to DWQ letter of 3/2/98 re which option they chose to follow to resolve 401 issues. Possible out-of-kind mitigation (preservation of bog turtle habitat?) will be proposed and will need APH approval. Ashe.chr ?o e -flw DRAFT Recommended Civil Penalties - Penalty Guidance Tree 401 Certification Program May 7,1999 1. Unpermitted Activities Neuse River Buffer rule violations (subdivide?) After-the-fact 401 s < 1 acre, < 150 feet Wetland standard violations (e.g. draining) (subdivide?) II. Permitted Activities Failure to pay WRP as required after 404/401 receipt and allowable time Failure to conduct on-site mitigation on schedule as required Failure to send in annual mitigation monitoring reports on schedule as required Failure to maintain stormwater pond as required Failure to construct stormwater pond on schedule as required Failure to properly construct stormwater pond on schedule as required Fill of wetlands or streams beyond approval in 401 Certification Failure to get approval for final mitigation plan before filling wetlands and streams Failure to get approval for stormwater management plan before filling wetlands and streams Violations of other standard 401 conditions Failure to return Certification of Completion III. Assessment Factors A. Extent of impact a) > 150 and < 500 feet of stream > 1 acre and < 3 acres of wetlands or waters b) > 500 feet of stream > 3 acres of wetlands or waters B. Environmental Damage C. NSW/WS/HQW/ORW/PNA/SA/Tr $4000 $4000 $4000 $100 daily for first seven days; $500 per day thereafter $1000 $1000 $1000 $1000 $1000 $4000 $2000 $2000 $1000 $1000 X 1.5 X 1.5 X2 X2 X 1.5 X 1.5 John D From: director@ h2o.enr.state. nc.us Sent: Wednesday, September 30, 1998 10:43 AM To: Coleen Sullins Subject: [Fwd: [Fwd: FW: Ashe Co. Motors Letter]] 0 [Fwd: FW: Ashe Co. Motors Left ... I have promised Rep. Baker that I would go to look at this site when the legislature goes home. Hold off taking any action until then. Preston Howard wrote: > ----------------- Subject: Re: FW: Ashe Co. Motors Letter Date: Tue, 22 Sep 1998 11:49:14 -0400 From: "Coleen Sullins" <coleen Sullins@h2o.enr.state.nc.us> To: Preston Howard <preston howard@h2o.enr.state.nc.us> , Tommy Stevens <tmmy stevens@h2o.enr.state.nc.us> CC: John Dorsey <john dorney@h2o.enr.state.nc.us> `dennis' <dennis ramsey@h2o.enr.state.nc.us> Eric Fleek <eric fleek@h2o.enr.state. nc.us> References: <O1BDE606.8BOED800.john dorney@h2o.enr.state.nc.us> Preston/Tommy - I am not sure that you got the message below. John and Eric are just trying to confirm their understanding of where we stand on Ashe Co. Motors. This project was put on hold (we believe in response to a conversation you held w/Rep. Baker over the June 22nd letter that was sent). We have not received any response to the letter, which is necessary move this project along. Please advise if there is anything that we should be doing on this project. Thanks Colleen John Dorsey wrote: Forward from Eric Fleek - Please advise. Thankx -----Original Message----- From: Eric Fleek [SMTP:eric fleekCdh2o.enr.state.nc.usj Sent: Monday, September 21, 1998 11:37 PM To: `.john_ donreytu?h2o.enr.state.nc.us' Subject: Ashe Co. Motors Letter Preston: You may remember a niwting with myself, Eric Fleek, and Dennis Ramsey where we discussed a NOV regarding the Ashe County Motors Project. At that meeting (approximately 3 month., ago) we agreed to require mitigation for 180' of Unauthorized stream impacts (stream had fish as determined by Brie Fleek and WS RO staff during a February 1998 site visit) as a reduced mitigation requirement (actual impacts were ...430') since there, was some confusion during Jenny Rankin's initial site visit. Subsequent to this riieeting, you wrote a letter to Representative Ilex Baker (dated June 22, 1.998) regarding this project where you detailed the 180' stream mitigation requirement and the need for a storrnwater pond. After this letter went out, both myself and Eric F leek seern to recall a message being sent from your office informing us to put this project on hold until further notice. Is this accurate or are we overly imaginative herc. Please; advise on how to proceed. You June. 22, 1998 letter is in inter-office mail in case YOU need refreshed with the pr .ject and details. Thanks, Jahn _ /0'V' I J_'6t^/er-r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ` DIVISION OF WATER QUALITY d? v^ -yF yw R? ..Idne 22, 1998 Representative Rex Baker Legislative Office Building Room Number 632 Raleigh, NC 27601 Subject: Dear Representative Baker: RECEIVED JUN Z 3 1998 WATER QUALITY SECTION !on-Di ;charge Compliance Enf, Ashe County Motors In response to your inquiries, I have reviewed our files on the subject project and discussed the project with Division staff who have been in communication with Mr. Vannoy. As I understand the facts, Ashe County Motors culverted and filled approximately 430 feet of Little Buffalo Creek in the Town of West Jefferson. It appears that the owners proceeded to construct the culvert following conversations with Ms. Rankin of our Winston-Salem Office, who had indicated to the owners that there should be no problem in securing a permit to perform the work. The stream at this point does have fish in it, but is otherwise impacted by urban development in and around West Jefferson. Ms. Rankin indicates that she did not, at any time, authorize or suggest that the owners proceed to fill the creek before they received the necessary permits. However, neither did she indicate to them that if they did fill the creek for a section longer than 150 linear feet, they would be required to compensate for the lost stream by providing stream mitigation. Under normal circumstances, projects like this one would be required to replace the 430 feet of impacted stream by either (1) restoring 430 feet of stream at some other location, or provide some other suitable compensatory mitigation measures, or (2) pay into the Wetland Restoration Fund at the P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733-7015 FAX 919-733-2496 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER r rate of $125 per foot of stream impact (in the present case.... $125 x 430' = $63,750). Had Mr. Vannoy pursued the permit in the normal course, believe that most, if not all, of the confusion surrounding this project, as well as many of the stream impacts, could have been avoided. But as they say...."hind site is 20-20". Therefore, in light of the confusion that quite obviously has surrounded this project, and to the extent that some of that confusion may be attributable to DWQ staff, I propose the following resolution for the subject project: First, I will not take any enforcement related actions against Mr. Vannoy for proceeding with construction of the culvert and filling of the creek, without first obtaining the necessary approvals from DWQ. Second, I will reduce the amount of mitigation required for this project from 430 feet to 180 feet (the actual length required to relocate the stream). Thus, Mr. Vannoy may either work with staff to identify a suitable mitigation plan that incorporates mitigation for 180 feet of stream, or he may choose to write a check to the Wetlands Restoration Program in the amount of $22,500. Third, Mr. Vannoy must construct the stormwater retention pond onsite that he and staff have conferred on over the past few months. We will do our best to work with him to place the pond in a location that does not unnecessarily disrupt the operation of his dealership. hope that you will agree that that this is a suitable compromise under the circumstances. If you wish to discuss this matter in further detail, please do not hesitate to call me at (919) 715-7547. Sincerely, 1 A. Preston Howard, Jr., E. Ashe County Motors chronology Wetlands/401 Group June 16, 1998 Application received from COE via fax COE issued 404 for 0.5 acres waters WSRO recommendation Redesign or migitation Work done On hold - DWQ DWQ followup letter Response DOT Ashe Motors Stormwater okay, mitigation unclear DWQ site visit by WSRO and Eric Fleek DWQ followup letter after site visit - options re resolution Response from attorney WSRO rebuttal to lawyer 9/29/97 10/16/97 11/5/97 11/19/97 1/12/98 1/23/98 1/29/98 2/23/98 3/2/98 3/10/98 3/26/98 Need: response to DWQ letter of 3/2/98 re which option they chose to follow to resolve 401 issues. 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Broad St J . -~?• GQ (CO Q. y 7• m N A W ro .?- o :c oo m O N C N IA W T F° E s i 3. a m = C w n o° a T d r? T T n r.l /0 N a N a ?'o ?- m o A d? D ? = CQ O C c A w 0 ox rr, rrl (P s i a° w _ 2 cr n 00 (1) o' ?' co 3 3 c w v a= ?o e_ ?. CL a w =o m a c a a F. N a a 5' n_ ,. CL N o T a oo by o cn m T a T= n can y O M N m O K N m S 0 ? N S N N O CL 3 ac p = fD. N 4 m - ? s t ?• ` m m ? 1 (? ?0 7 •r• N p, 3' m 3 d m d ?• If! r0 - CO d C O n w ? 3 00 s a o N a c 0 s ? m a E O 0 Q, O c0 O O n co CA O O 3-25-1995 2:47AM FROM ASHE CO. MOTORS INC 19102464109 P.1 . Post?t Fax Note 7672 :.. ,. ? No. of P?? t Today's Dve Time 3ah? .... TO mot„ usse l l Vanr>ny ?b?rt 1 ' r. ,"ma"y lwpanr..N L 9.40..?- c c? i?nvi ron . ?' I?a?u taP ?k?.S.. asl?a Mo rs LOOatbn tncauon Dept. Charge Fax N Telophana 4 Fax # . Tel # 4 paM++P i? - Commartto Dlaposrtlan. ? Destroy ? Raurn ? CaY for .. . i n . _{na mr t , hanl? tau Fay-. flur kj P. . v1 TELEPHONE (910) 246-7183 - Ashe County Motors, Inc. "YOUR QUALITY FORD' DEALER" Mr. John Dorney NC State Dept ofEnvirourneaW and Natural Resources PO sox 29535 Raleigh, NC 27626-0535 January 29, 1998 Dear Mr. Dorney: 409 E. 2ND STREET WEST JEFFERSON, NC 28694 Q 1 ' rr kVAL 900 CES 1Nr4 This latter is in response to your letter dated January 12, 1998. I would have responded earlier, but we had a site visit scheduled with Jewry Rankin from your Winston-Salem office to go over ft problmn and weather prohibited us frmm doing that I thou& by visiting with ms. Rankin, we could help resolve the situation and could write to you with It solution. Responding to your concerae, we realize the new 401 certification law of only minimiang stream impact to 150 feet but due to eAemusting circumstances, we feel like the process was justified. At the tiros that we tiled the creek we were not aware of do new 401 cert- ification law. There is one point that I would like to make to you. The creek is tiled for more than a smile through town so our the was just an extonsion. A wet detention pond to bodle storm water will not be a problem. Y hope your stuff will site it so that it will best serve the site. I know that we can arrive at a solution including doing some preservation work in the Boggs area that will be agreeable to all parties con- cerned, I will look forward to working with you to resolve the situation. Thank you for your time end consideration. Sincerely, Russell F. Vaonoy Owner Co: Ms Jenny Rankin UrmtowSalaw Regional Office ass Vl?angwwd street Winston Salem, NC 27107 ?Il?'V rv Have you driven a Ford lately? F NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY March 26, 1998 MEMORANDUM TO: Eric Fleck, Environmental Science Branch FROM: Jenny Rankin, WSRO SUBJECT: Ashe County Motors Project Number: 0000844 Ache County Attached is a summary of the events that occurred before the meeting that we attended in West Jefferson at the Ashe County Motors site on February 13, 1998. I also copied all the correspondence that did not go through Raleigh to make sure you have it in your files. Please call if you have questions or need more information. cc: WSRO October 28, 1997 - I performed the site evaluation of the Ashe County Motors site. Before I went to the site I spoke with Joe Mickey and asked for his thoughts on the situation. He told me that WRC did not have objections to the stream being piped since the stream is already impacted and piped for a couple of miles upstream. I went to the site and at first, based on the information from Joe and on my first impressions, I told Mr. Brooks that DWQ wants to minimize the impacts to streams and does not like to see more than 150 feet piped if it can't be avoided. When I was on the site, the stream seemed very impacted and is piped for several miles upstream of the Ashe County Motors site. Because of the impacts I did tell Mr. Brooks that it probably should not be a problem to get a permit to do the work. I neglected to discuss mitigation terms with him -- I guess this was partly due to my inexperience and also because the stream was already impacted. I was not sure if John would request mitigation and if he did, I was unclear on what the terms would be. It was my mistake that I did not mention any of this at the site evaluation. During the site evaluation Mr. Brooks told me that Joe Mickey told him that the stream was unsightly and dangerous and should be piped. Mr. Brooks also told me that Joe said there were no fish in the stream and that it was so polluted that nothing would live in there. When I returned back to the office I thought about what Mr. Brooks showed me on site and did not understand why there were so many parties interested in piping this section of stream. Mr. Brooks said that the Town of West Jefferson wanted to remove the bridge since it was about to collapse and if it did fall it would break the sewer line that was underneath the bridge. Mr. Brooks also told me that the Town was also interested in piping that stretch of stream to prevent flooding the road and also to keep people from running off the road into the stream. I filled out the wetlands staff report indicating that if the reason why they needed to pipe the stream was for the sole purpose of replacing the bridge that they should impact less than 150 feet of stream instead of 430 feet. Unfortunately, I came to this conclusion too late. If I had told Mr. Brooks all of this on site, the whole situation may not have turned into the fiasco that it has. October 29, 1997 - Mr. Brooks called me to asked if I could fax him a copy of the permit. Again, I explained to him that I did not process the permit and that I only made comments on the project before sending it to Raleigh. I told him that he should receive something in the mail in a few weeks. December 15, 1997 - Eric Black and I rode past the Ashe County Motors site when investigating another complaint in Ashe County. We saw that a pipe had been placed in the stream already. I knew that they did not have their 401 Certification yet, but I did not stop. I was not sure what authority DWQ had for this kind of situation. I called the ESB when I got back to the office to report that the work had been started without a permit. Between December 15, 1997 and February 13, 1998 I received many calls from Larry Brooks and Greg Edney, Town Manager of West Jefferson. They wanted me to tell them what they needed to do and what the consequences would ultimately be. I always superseded any comments I made on the project by telling them that I did not have the authority to make decisions like that and the wetlands group in Raleigh made those decisions. They kept harassing me as to what might be done. I did tell them the end result could possibly be anything from having them say they wouldn't do it again and correct what needed to be done to making them take out the whole project and restoring it to the original condition. I did not "change my attitude" on the project from the time I discussed the matter on the phone with them to the time that we met on February 13, 1998. Before the meeting at the Ashe County Motors site, I called Joe Mickey again to make sure I understood what he had told Mr. Brooks. Joe told me that he told Mr. Brooks that there were fish in that section of Little Buffalo Creek but that the stream did not support trout even though DWQ has it classified as C Tr. He told me that Mr. Brooks had completely misquoted him. He sent Mr. Brooks a letter (enclosed) restating what he had told Mr. Brooks during his site visit. In the letter dated March 10, 1998 written by Mr. Jimmy Reeves, Larry Brooks is portrayed as someone with many years of experience in the type of work undertaken in this matter. I spoke with a person in the Land Quality Section who also has dealt with Mr. Brooks on several projects. He told me that Mr. Brooks has, on several occasions, started his independent projects without the required plans and permits and consequently the owners of those projects have received NOVs. I think that it is ironic that if the bridge with the sewer line running underneath it was so important to replace and "should the bridge collapse, major problems would result if the sewer line was crushed..." why did they pipe the stream before replacing the bridge???!! "To quickly complete the project was, therefore, the goal of many people." I should add that after they stopped work on the project, when they were contacted by DWQ, they never once mentioned that the bridge (that still was not replaced) was a problem. In other words it does not seem that the bridge was quite the problem that they made it to be. i II -?s f" a. / 1 c S: COPY ® North Carolina Wildlife Resources Commission® 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Larry Brooks FROM: Joe Mickey, Western Piedmont Coordinator Habitat Conservation Program Original signed by DATE: January 21, 1998 Joe Mickey SUBJECT: Piping of Little Buffalo Creek by Ashe County Motors, Ashe County This is in reference to my comments to the US Army Corps of Engineers (COE) concerning the relocation and piping of 400 linear feet of Little Buffalo Creek by Ashe County Motors. As you know, we made a site visit on October 10, 1997. At that time I determined, based on fish samples collected downstream of the proposed project in 1994, that the stream at the project site does not support trout. However, during the site visit we did observe some small shiners and/or chubs in the stream just below the old concrete bridge crossing the stream at the site. My phone comments on October 3, 1998 to Mr. John Thomas with the COE noted that the stream does not contain trout, therefore we would not object to the project. However, we would prefer that the amount of stream to be culverted be reduced. While our agency had no major objections to the project, we are not a permitting agency. We make comments to the COE and NC Division of Water Quality (DWQ), who issue the 404 and 401 permits, respectively. These two agencies have the authority to issue or deny a permit application. Also, with the new DWQ rules, projects which impact over 150 linear feet of stream channel supporting fish and aquatic organisms may require compensatory mitigation through restoration, creation or payment of $125 per linear foot of impacts. Work on any project should not begin until approval is received through the COE 404 and DWQ 401 permit process. If you have any questions concerning these comments, please contact me at 336/366- 2982. cc: Jenny Rankin, DWQ/WSRO U.S. ARMY CORPS OF ENGINEE WILMINGTON DISTRICT ou Action ID. 199708233 County Ashe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VikLtF Property Owner/Agent Ashe County Motors Inc N.C. Dept. oil' EHR Address 409 East Second Street, West Jefferson North Carolina 28694 t ai n ?Z Telephone No. 910 384-3600 4t1'; r, :," ..1.:.;, ?. n" Size and Location of project (waterway, road name/number, town, etc.) A'she County Moto??`, Jefferson, Ashe County. North Carolina Description of Activity Ashe County Motors' proposed project of relocation of 180 linear feet of Little Buffalo Creek that will result impacts to approximately 0 16 acre of impacts to the jurisdictional waters of the referenced creek, X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. NWP 26 Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Regulatory Project Manager Signature Date October 28, 1997 Expiration December 13, 1998 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. TELEPHONE (910) 246-7183 409 E. 2ND STREET WEST JEFFERSON, NC 28694 (she County Motors, Inc. "YOUR QUALITY FORD DEALER" !???' ? 1998 X14GUIS ? d fEV E Mr. John Dorney NC State Dept ofEnvironmental and Natural Resources PO Box 29535 Raleigh, NC 27626-0535 January 29, 1998 Dear Mr. Dorney: ENVInut wENTAL ecom RRANCH This letter is in response to your letter dated January 12, 1998. I would have responded earlier, but we had a site visit scheduled with Jenny Rankin from your Winston-Salem office to go over the problem and weather prohibited us from doing that I thought by visiting with Ms. Rankin, we could help resolve the situation and could write to you with a solution. Responding to your concerns, we realize the new 401 certification law of only mininnizing stream impact to 150 feet but due to extenuating circumstances, we feel like the process was justified. At the time that we tiled the creek we were not aware of the new 401 cert- ification law. 'Mere is one point that I would like to make to you The creek is tiled for more than a mile through town so our file was just an extension. A wet detention pond to handle storm water will not be a problem I hope your staff will site it so that it will best serve the site. I know that we can arrive at a solution including doing some preservation work in the Boggs area that will be agreeable to all parties con- cerned. I will look forward to working with you to resolve the situation. Thank you for your time and consideration. S* erely, (7,.w Russell F. Vannoy owner cc: M9 Jenny Rankin Winston-Salem Regional Office 585 Waughtown Street Winston Salem, NC 27107 Have you driven a Ford lately? C Z - -- F{, ENVIROZ%A W ENCM MAW" STATE OF NORTH CAROLINA DEPARTMENT OF 1PANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS ASHE COUNTY MAINTENANCE 296 BUFFALO RD. WEST JEFFERSON, NC 28694 JANUARY 23, 1998 John R. Dorney PO Box 29535 Raleigh, NC 27626-0535 GARLAND B. GARRETT JR. SECRETARY I am writing this letter concerning a Right of Way Encroachment Agreement contract between the North Carolina Department of Transportation and Ashe County Motors. This contract is dated October 10 1997, and a copy is attached for your review. All drop inlets and pipe have been installed per standard 840.15 of the 1990 State Highway Specifications. All workmanship and materials appear to be satisfactory or above. At their own expense, Ashe County Motors requested to upgrade the approved plan by eliminating a junction box and installing a drop inlet at the outlet of a 15" C.M.P. located on the western end of the project. I was called to meet on site with the contractor, and after reviewing the request, I readily agreed to the new drop inlet installation. By replacing the junction box with a drop inlet per Standard 840.15, the Department of Transportation will be able to access and clean out this pipe without excavating or replacing a damaged junction box lid if it is obstructed. The requirements of Section 107-13 and Section 880 of the 1990 State Highway Specifications and in accordance with the requirements of the Sedimentation Pollution Control Act of 1973, have not been met due to the contractor being unable to complete his work. When final grading is completed, and seeding/mulching is performed according to the special provisions of this contract, Ashe County Motors will have complied with the terms and conditions of this right of way agreement contract. .) John R. Dorney Page 2 January 23, 1998 If you need additional information or have questions, please do not hesitate to contact me by phone at 336-246-5287 or at the address listed on previous page. Sincerely, lk gAl) Danny K. Miller County Maintenance Engineer DKM/pp Attachments cc: US 221-B road file Howard Turnmire Larry Brooks D.J. Tetzlaff Sl `?;' 1. l l.L.i.A 30?. ,Sii •.' S STATE OF NORTH CAROLINA' DEPARTMENT OF TRANSPORTATI ONy-1 JAMEs B. HUNT JR. DIVISION OF HIGt I4?AY$ GARLAND B. GAR RE J? GOVERNOR North Wilkesboro Division Of C--- ?'IYT Ufs? caner Post Off ice Box 250 Nv?)tce. North Wilkesboro, NC 28659 OCT 101997 Mr. Howard Turnmire Ashe County Motors Highway 221 Bus. (Second Street) West Jefferson, North Carolina 28694 F Re:-Encroachment Contract - Ashe County WiPAN(114 Dear Mr. Turnmire: Attached for your files is a copy of a Right of Way Encroachment Contract which has been properly executed. This contract covers the construction of a Junction Box (STD. 840.32), two Drop Inlets (Std 840.15), 26' of 1511 CMP, 76' of 3011 CMP and 48' of 3611 CMP attached to existing pipes under US 221 Business. This encroachment is located in West Jefferson City Limits approximately 0.15 miles west of SR 1153 (Doggett Road). APPROVED SUBJECT TO: Compliance with special provisions for Proper Signing and Traffic Control as required within the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Erosion Control Measures that are attached to and made a part of this contract. District Engineer, Doug Tetzlaff, P.O. Box 250, North Wilkesboro, North Carolina, 28659, Telephone (910) 667-9117 is to be notified in advance of the date you plan to begin work and in writing when all work contained in the agreement has been completed. Si ccerel , v W.E. Hoke, P.E. Division Engineer WEH/DJT:gb Attachment cc: John Williamson, Jr. Doq tg Tetzlaff ounty Maintenance Engineer 0 ROUTE STATE OF NORTH CAROLINA US 221 Business PROJECT N/A COUNTY OF Ashe DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT -AND- PRIMARY AND SECONDARY HIGHWAYS A_she County Motors Highway 221 Business (2nd Street) THIS AGREEMENT, made and entered into this the _ day of 0 C T 10 1997 ig by and between the Department of Transportation, party of the first part; an party of the second part, W I T N E S S E T H: THAT WHEREAS, the party of the second part desires to encroach on the right of way located in pia T PrsCn of the public road designated as Route ??.a Ri?s_ Cit Limits a rox. 0.15 miles west of SR 1153 D with the construction and/or erection o a Junction B (STD. 840.15) 26' of 15" CMP 76' of 30 CMP and 48' o " pipe un er US 221 Business. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet (s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in ac- cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such revisions and amendments thereto as may be in effect a the e o s agreemen n- orms on as to these policies and procedures may be obtained from the Division Engineer or state utility Agent of the party of the first part. 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Nt ' I i ~ O OZ - g - - _ 1 ? NI D m ? NL = ?Z Juuuu ?h N = G) = ml? t 2" 2" Lw mi ; ? z _ a u u t,u -O A -?_I -- m m r - N -1 n '•1 a li CV 0 ?rj D n rr) V ' ^:D 1 / C Cf) pi -t7 V) - U CI II -1 .' m M o ? LA o m D Z O u In m O D D n b 0 a r. n? W N m rn D c5 Z 10' D Z m rnV) m --A p Z A F a ?rr ji N I-• / N 1• -4 F- I m ?--- 10•--?? F- m - LA -? ry <0 ;4 )> MI. O IT. 1 I `,;' S• e 1• O N zl Il F r' m o ' A - f 6 Z, z l TXZPAC- - 1. a n ^` A n Z A 1 •-1 S 1.J ? n tn?ix Q ?F n (yC7?t Ny S CIE C ?? I? tt ?? m a r- ? r G ` l D y? ' z --1 O L I ?_- s1?I 10• i ERQ_SJ,0.N,_ CONTROL SPECIAL PROVISIONS FOR RIGHT OF WAY ENCROACHMENT CnNTRACT The encroaching party t,dll perForm erosion control measures in accordance with the requirements of Section 107-13 and Section 880 of the 1990 State Highway Specifications and in accordance with the requirements of the Sedimentation Pollution Control Act of 1973. The Following rates of seed, fertilizer, and limestone in pounds per acre shall be used: 120 lbs. Kentucky 31 Tell Fescue 750 lbs. of 5-10-10 Fertilizer 4000 lbs. Limestone The Lonscape Supervisor shall be notified by the encroaching party prior to beginning erosion_control._operations. LANDSCAPE DEVELOPMENT MATERIALS Fertilizer, Limestone and Seed The quality of all fertilizer, limestone,and seed shall comply with the requirements of the North Carolina Fertilizer, Lime and Seed Laws and with the rules and regulations, adopted by the North Carolina Board of Agriculture in accordance with the provisions of said law, in effect at the time of sampling. All materials will be subject to sampling and testing by the Engineer, or by an authorized representative of the North Carolina Department of Agriculture, or both. MULCH FOR EROSION CONTROL Mulch for erosion control shall consist of grain straw or other acceptable material, and shall have been approved by the Engineer before being used. All mulch shall be reasonably Free from mature seedbearing stalks, roots,,or bulblets of Johnson Grass, Nutgrass, Sandbur; Wild Garlic, Wild Onion,' Bermuda Grass, Crotalaria, and Witchweed, and free from an excessive amount of restricted noxious weeds as defined by the North Carolina Board of Agriculture at the time of use of the mulch, and also there shall be compliance! with all applicable State and Federal domestic plant quarantines. Straw mulch that is matted or lumpy shall be loosened and separated before being used. Material for holding mulch in place shall be asphalt or other approved binding material. TEMPORARY EROSION CONTROL MEASURES The use of silt basins, silt check dams, silt fence, tem- porary slope drains, brush barriers and temporary seeding and mulching shall be used as needed to prevent siltation of waterways and adjacent property. .4EMO"UM PRINT NAMES: Reviewer: J?cLn k? n r0: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: /u zq q7 / SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ;;** RECEIVED PERMIT YR: 97 PERMIT NO: 0000844 COUNTY: ASHE NOVu 5 1997 APPLICANT NAME: ASHE COUNTY MOTORS PROJECT TYPE: COMMERCIAL PERMIT TYPE: ENV?FlON NW14 MENTA COE #: _ DOT ff: L 'IFES RCD_FROM CD _A: APP DATE FRM CDA: 09/29/97 REG OFFICE: WSRO _ ZIVER AND SUB BASIN J: 050702 STREAM CLASS: C WL__IMPACT? : Y/& WL_REQUESTED : N/A WL SCORE M : t4A MITIGATION?: Y/) MITIGATION-SIZE: N/f1 STR INDEX N0: 12-2-20-1 WL_TYPE : 1-W- "y' WL_ACR_EST?: YM WATER IMPACTED BY FILL?: YN MITIGATION-TYPE: N//+ DID YOU REQUEST MORE INFO?: YC) IS WETLAND RATING SHEET ATTACHED?: YrNj HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: YON RECOMMENDATION (Circle One): ISSU ISSUE/COND DENY COMMENTS: Jee att),c-ha page- c : Regional Office Central Files b-bbbbbb, Hwy 2--Zt J r 5cLoer- Vitne ;...•? (may, t ? 4 t''353,, i Y 1 t 7 ?> _d ! . f , i 1 . Hwy 2.za i 1 r?}xsc? 7jr . C 200 ate 1 f ?? y _ Hem i4Ca, k "rte. 400 R. of C- LM k, ??t ) f4 /4 e.# f: 1E -:AE -2- 5 Car . Y kle ! x .1 5„ LAO V- vi Y) Dt . I% - i w 3- - - - -- - eY?4_.Vi_e6fig._ -.E-S --rot___-sovye-O'?vcq . -At),- - ?- t - br.a:,-_ "ll f-he 4e, ._.. ... ._. _..____.---~-N C. ?.? __... ??5? r 1r_- i _i'ti-1? 4 __,..___K?r 1?, `.?____?As?-?Y _ cx- cec FEB-03-1998 13:14 FROM DEHNR Winston-Salem TO P.01 W . L. ` . .t, ; , C(DPY North Carolina Wildlife Resources Conunissiong 312 N. Salisbury Street, Raleigh, North Carolina 276041188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM To! Larry Brooks FROM. Joe Mickey, Western Piedmont Coordinator Habitat Conservation Program "Inal signed by DATE: January 21, 1998 Joe Mckey SUBJECT: Piping of Little Buffalo Creek by Asbe County Motors, Ashe County This is in reference to my comments to the US Army Corps of Engineers (COR) concerning the relocation and piping of 400 linear feet of Little Buffalo Creek by Ashe County Motors. As you know, we made a site visit on October 10, 1997. At that time I determined, based on fish samples collected downstream of the proposed project in 1994, that the stream at the project site does not support trout. However, during the site visit we did observe some small shiners and/or chubs in the stream just below the old concrete bridge crossing the stream at the site. My phone comments on October 3, 1998 to Mr. John Thomas with the COE noted that the stream does not contain trout, therefore we would not object to the project. However, we would prefer that the amount of stream to be culverted be reduced. While our agency had no major objections to the project, we are not a permitting agency. We make comments to the COE and NC Division of Water Quality (DWQ), who issue the 404 and 401 permits, respectively. These two agencies have the authority to issue or deny a permit application. Also, with the new DWQ rules, projects which impact over 150 linear feet of stream channel supporting fish and aquatic organisms may require compensatory mitigation through restoration, creation or payment of $125 per linear foot of impacts. Work on any project should not begin until approval is reccivcd through the COE 404 and DWQ 401 permit process. 2982If you have any questions conc4rning these comments, please contact me at 336/366- . cc: Jenny Rankin, DWQ/WSRO Post-It" Fax Note 7671 Dad ; C{ * 9' P- I PPRW To cY:c ?IeGk From Stns Raxti k.i r1 COMOM, Co. Phone M Phone k Fax 8 Fax # TOTAL P.01 r fcjl?4-?- -7L- C, C , ? M? I X10-38?(-3?3`f 910f), State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A4.? D E N R January 12, 1998 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Ashe County Motors PO Box 66 West Jefferson, NC 28694 Dear Sirs: On September 29, 1997, DWQ was notified by the US Army Corps of Engineers of your plans to relocate and culvert 430 feet of streams located at Hwy. 221 in West Jefferson. As you are probably aware, a 401 Water Quality Certification issued by the NC Division of Water Quality is required by the Federal Water Pollution Control Act before the stream impact occurred. On November 19, 1997, we wrote to you discussing our concerns with the site plan and stated that we were moving toward denial of the project as planned. On December 17, 1997, Ms. Jenny Rankin of our Winston-Salem office visited the site and found that the work had already been done without our written approval. As we discussed in our November 19, 1997 letter, our concerns with this project are still 1) minimization of stream impact to 150 linear feet 2) a wet detection pond to handle stormwater from the site and 3) compensatory mitigation for the loss of stream channel. Please respond within two weeks of the date of this letter by sending a copy of your response to both Ms. Jenny Rankin and myself at our Winston-Salem Regional Office at 585 Washington Street, Winston-Salem, NC 27107. If we do not hear from you within two weeks, we will proceed toward denial of the project with subsequent enforcement actions by ourselves, the US Army Corps of Engineers and/or the US Environmental Protection Agency. Cc: Jenny Rankin John Thomas Kathy Matthews, US EPA Eric Fleek Central Files n ee John R. Dorney P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality V 1L. James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director ttpj 4 oft D E N R January 12, 1998 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Ashe County Motors PO Box 66 West Jefferson, NC 28694 Dear Sirs: On September 29, 1997, DWQ was notified by the US Army Corps of Engineers of your plans to relocate and culvert 430 feet of streams located at Hwy. 221 in West Jefferson. As you are probably aware, a 401 Water Quality Certification issued by the NC Division of Water Quality is required by the Federal Water Pollution Control Act before the stream impact occurred. On November 19, 1997, we wrote to you discussing our concerns with the site plan and stated that we were moving toward denial of the project as planned. On December 17, 1997, Ms. Jenny Rankin of our Winston-Salem office visited the site and found that the work had already been done without our written approval. As we discussed in our November 19, 1997 letter, our concerns with this project are still 1) minimization of stream impact to 150 linear feet 2) a wet detection pond to handle stormwater from the site and 3) compensatory mitigation for the loss of stream channel. Please respond within two weeks of the date of this letter by sending a copy of your response to both Ms. Jenny Rankin and myself at our Winston-Salem Regional Office at 585 Washington Street, Winston-Salem, NC 27107. If we do not hear from you within two weeks, we will proceed toward denial of the project with subsequent enforcement actions by ourselves, the US Army Corps of Engineers and/or the US Environmental Protection Agency. Cc: Jenny Rankin John Thomas Kathy Matthews, US EPA Eric Fleek Central Files n ee John R. Dorney P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, 0CR;% Health and Natural Resources • • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N I1 A. Preston Howard, Jr., P.E., Director November 19, 1997 DWQ Project #970844 Ashe County Motors, Inc. Post Office Box 66 West Jefferson, NC 28694 Dear Sirs: The Division of Water Quality has reviewed your plans for the discharge of fill material into about 430 feet of streams located at Hwy 221 in West Jefferson in Ashe County for replacement of a bridge and expansion of a parking area. Based on this review, we have identified significant uses which would be removed by this project. These uses are aquatic life in the stream. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, we are moving toward denial of your 401 Certification as required by 15A NAACO 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your stream impacts by bridging the channel or limiting channel alterations to 150 linear feet? Also if channel alterations exceed 150 linear feet, a wet detention pond to control stormwater from your site will be needed. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h) since greater than 150 linear feet of streams will be culverted or moved. Your mitigation proposal is insufficient because none was proposed Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Jenny Rankin at the Winston-Salem Regional Office at 585 Waughtown Street, Winston-Salem, NC 27107. If we do not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-1786 if you have any questions. J e TR.Dorney J hn ateity Ce Vifat6ion Program cc: Winston-Salem DWQ Regional Office Wilmington Office Corps of Engineers Central Files Raleigh Field Office Corps of Engineers 970844nty Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper MEMO DATE: Lo/7/9:7 TO: k kn _,l v SUBJECT: caIle l? j /'O lodL14 14 s 4 waJ ?nCd??e('fi G??'! /1'Id--61's i (f +r ?? o ? v5 sa ? ? r SSG/? l V -5 k (' (i ?' ?? / C-' j 0/ 0', J° e?j wI I??CJ/Celled Y1 e 61 From: SfATf q, North Carolina Department of Environment, Health, and Natural Resources printed on Recycled Paper • aa. i Y MEMO DATE: ? TO: -0-6 ?, ? d ""' SUBJECT: c - CA-V-1, C'// / 9 -7 5 O'D /,Y)ofC)(--s- Sam S S y' e" 0/?av?o? sa L 46 S 54 ?eq j 70 e-e -,)P clL°e,'l a? From: CJ /?? ' North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled Paper FROM RALEIGH REGULATORY 09.29.1997 15:55 PRE-DISCHARGE NOTIFICATION PCN TO: National Marine Fisheries Service Pivers Island, NC FAX (919)728-8796 US Fish & Wildlife Service Asheville, NC FAX (704)259-5330 US Fish & Wildlife Service Raleigh, NC FAX (919)056-4656 State Historic Preservation Office Raleigh, NC PAX (919)733-8653 NC Division of Water Quality Raleigh, NC PAX (919)733-9959 NC Wildlife Resources Commission Creadmoor, NC FAX (919) S28-9939 1. ACTION ID: W-10b2 33 2. APPLICANT: Ashc. Cjpu,4,1 motors 1,nc. 3. DATE OF TRANSMITTAL : q12q 161-1 9708 4,4 4. RESPONSE DEADLINE (5 days from transmittal) : Ib f 03 jq~1 5. COMMENT DEADLINE (10 days from response deadline) : 1011319-1 6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE RALEIGH, NC ATTN : Johh -ftr IAS FAX (919) 876-5823 Cyi; Ztj We are also forwarding the attached PCN to the Fish and Wildlife Service and the National Marine Fisheries Service for review and comment concerning any likely affect to any threatened or endangered species or their critical habitat within those agencies, jurisdiction. P.01 FROM RALEIGH REGULATORY 09.29.1997 15:56 P.02 n"%lj L. t V LOW SEP 1 .11997 C(DPY DEM zD: tofrj?jf raffN TD: 3 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRX--CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REGUIR£: 1) NOTIFICATION TO TSE CORPS OF ENGINEERS 2) "PLICATION FOR S&C=M 401 CERTIFICATION 3) CoORDINAT%0N RITE THE NC DIVISION OF COASTAL MANAf6E1+JENT SEND THE ORIGINAL A?M (1) COPY OF THIS COMPLETED FORM TO-THE APPROPRIATE I?ItLD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION Or ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET), PLEASP. 12B=- 1. OWNERS NAME: 2. MAILING ADDRESS: P0' -0dX 6 CITY: ?'`? 5? -?G? ?f?? STATE: /VZIP CODE.' PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILXNG ADDRESS ABOVE) : ??9 s'r " Si 3. TELEPHONE NUMBER (HOME?9??)3??'Sr (WORK) : - bpd 4. IF APPLICA9LE; AGENT'S NAME OR RESFQN5I5LE C,orrotATE OeFIcx=, ADDAEAS, PHONS NUMBER: 5. LOCATION OF WORK (PROVIDE h MAD, VaEIrERABLY A COPY OF USGS TOPOCRApHIC MAP OR AERIAL PHiq?TOGlLkVHY WXTH SCALE) : X41 -tll&- rr?V CIF COtTNTY : /F15/yE_ NEAREST TOWN OR CITY: I FROM RALEIGH REGULATORY 09.29.1997 15:56 P.03 -SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 96S-1:06, ,?C/r??f f Z'I /,,/ po /L .,q -7- A/C 6, IMPACTED OR NEAREST 5TREAM/RIVER: RIVER BASIN: /f?c°//l "yn/"' , 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED RS TROUT, TIDAL (SA), HIGH QUALITY WATERS (HQW), OUTSTW; G RESOURCE «ATERS SUPPLY (WS--x OR WS-Ix)? YES ( J NO (lir YES, EXPLAIN: SALTWATER (ORW), WATER 7b. IS THt PROJECT J=ATED WITlIX11 A NORTH CAROLINA DIVISION OF COAST71L MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (Akc) ? YES ( ] NO 10", 7c_ IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a, RAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ J NO [H-' IF YES, PROVIDE ACTION I.D. NUMBER OF PREMUS'PERMIT AND ANY ADDITIONAL INFQRHATION (INCLUDE PHOTOCOPY OF 401 CEAI'xFYCATId11) s 8b. ARE ADDITXONAL PERM REQUESTS EXPECTED FOR THIS eROPERTY TN THE 17 FVTVRE? YES [ ] NO IF YES, DESCRIBE ANTICIPATED WORK: 9a . ESTIMATED TOTAL NU14DER OF ACRES IN TRACT OT LAND 9b. ESTIMATED TOTAL NOMSER OFD ACRES OF WETLANDS LOCATED ON PROJECT SITE: /Y o?rt' 2 FROM RALEIGH REGULATORY 09.29.1997 15:56 P.04 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER! DRAINAGE: TOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THB PROPOSED PROJECT (IF RELOCATED, PROVID ANCEBOTH ZVORE' AND AFTER QbnO TION) s LENGTH BEFORE: Da (? ! cs a FT AFTER FT WIDTH BEFORE (based on normal high water contours): FT' WIDTH AFTER: FT AVERAGE DEPTH BEFORE: (A ?d /"rcHF? --C-T' AFTER: e? ?d /r?C//?*r " (2) STRF?j? (?HRNNF YMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION- L,/. CONSTRUCTION Off' A DAM/FLOODING.- OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE £xZE Olt' THE WATERSHED DPJLINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12, DECCRIFTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL E UIp ENT TO BE USFD (ATTACH PLANS! 8 1`2" X 1^ DRA NGS e-wlo A, we 13, PURPOSE OF PROPOSED WORK: ?j /?vl/.??9 r?" l.??srl?Ci? ??d 3 FROM RALEIGH REGULATORY 09.29.1997 15:57 P.05 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEA.3URES TAKEN TO MINIMIZE WETLAND IMPACTS) : 1S. YOU'ARE REQUIRED TO CONTACT THE U.S. rI29 AND WXLDLIFE SERVICE, ADDRESSES SHEET) REGARDING THE SERVICE (NMFS) r/e,b, PROPOSED FOR LISTING'ENDANGERE0 OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT. AREA THAT • RY `BE-.AFFECTLD 6Y THE 1ROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES MOM THESE AGENCIES.) 15. YOU ARE EtEQCiT?t£D-Ta-coNTACT THE STATE HISTORIC _Pl ESFRVAT-l.ON_0ZFICER (SHPO) (SEE AGENCY ADgaWS.ES_-SHEET)- RE0AR0xNa THE PRZX. NC0 or nisxcsxC PROP FaRTIES-TN-Tff PE PE ERMIT AREA 'WHICH MAY BE AFFECTED BY NE-PROPOSED PROJECT. DATE CONTACTED:, 17. 'DOES THE'. PROJECT INVOLVE AN EXFENDITURE Off' PC SLXC FORDS OR THE USE OF PUBLIC (STATE) LAND? YES () NO -14 (IF NO, GO TO 1$) +L. YF YES, DOES THE PROJECT REQVIRr, FREFARATIGN OF AN ENVIROMENTAL DOCUMENT PURSOANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAT. POLICY ACT? YES [I NO lYJ b. IF YES, HAS THE DOCUMENT BEEN REVXRW9b THROUGH TH8 NORTH CAROLINA ,DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES { ] NO [ ] IF ANSnR TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ONVIRONMENTAL POLICY ACT. QUESTIONS REGARDING -THE STATE CLEhRINGIIOUSE nEVIEW PROCESS S14OULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-0003, TELEPHONE (919) 733-6369. 4 FROM RALEIGH REGULATORY 09.29. 1997 15:57 P.06 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PP,OPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MP 5HOWI1rG ALL WETLANDS, STREAMS, LAVES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 36). ALL STREAMS (INTERMITTENT AND PEP-14ANENT) ON xKE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES 3HOULD BE I INQU EQUALs 50 FEET OR 1 INCH EQUALS 100 BEET OR THEIR EQUZVAI,ENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHZETS RELE'V'ANT TO THE PLACEMENT OF THE DELINEATION( LINE. d. ATTACH A COPY OF THE STOPZ•IWATER MANAGEMENT PLAN IF IkEQUIRED. e. I*fAT XS LAND USE CF SURROUNDING PROPERTY7 f. IF APPLICABLE, WHAT zS PROPOSED METHOD OF SEW,AGF, DISPOSAL? g. SXGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NO=; WETLANDS OR WATERS OF' THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) YUSUANCE Or A SECTION 404 CORPS OF ENGINEERS PEAL-AXT, 2) EITHER THE ISSUANCE OR WAIVER OF .A 402 DIVISION OF ENVIRONMENTAL MMAGTMENT (WATER QUALITY) CERTIrICATION, AND 3) (YN' THE 2'fMYTY COASTAL COUNTIES ONLY) , A. LETTER FROM THE NORTH CAROLINA DIVISION OP COASTA7, MANAGEMENT STATING TNI± VlttCvOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAMMF:NM FROG r" OWNER'S/A S SIGN TURF DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 FROM RALEIGH REGULATORY ` 09.29.1997 15:58 P.07 ' 191 •. '?' •: %, - I'if ?1 1 v'__ I f - Jr 1 I IA?•` t I . ?;, _ ?' r etc /r \1 J ' • i • • •'1\ i, •", 1.../ •/ I. ?f '•'11 _ •:,?,; tC.,„'.'? •\..i .?I?„'.''•r•• r'a -• ?.,? ?' .,? BH 1 I is ik? 'i• '?: I '?•?? •?,??• •' •Lr X1.1:--• i.w ?. ?, ? 1 „ •., •. 'ice' • .i' ?„ ;? ii?'?i' pp \ '?. t•• '' , •1 ? .j 1 .?rf ? ,-;11?•..4?:1 ?_1L :?.,Y •'Cern • ak `?•• -_! , •?? { "s`?. • ? rf `:+?. _./ , - ul • ' ? ll lr jam; ?r _- -.-? .'''? ? '•'• ? N, • - ' '-'` ?`?,? ?- . ,_.?,?; r" , >: l / + - ?. ' Its .?,f /:i/ , ?? ? • i 4 . ??. $'.,y:'f'C.. M'` . ?"fi' .? _?!. ? tiy?? =ur ? ?? --'• -? ?'?tr'-?,-..?1 '\ ,?= /.R`t7??:?)/f I I ?/ rnr•,? c??? `?`•h?? I '::!ice?i,/? \.?;..???<qj'°??J'r•".`_? _? ?l ?G / , / I ,lbws r { I ?y-^• h _? •. w • t y ` ?, `; ?-', _ ` •- .v^ti.?} ?..? . .\ • 111 ? ; • IJOIt , - 1 y1e5' ` i '+- `?..., /? ..- 1s Xrryn e { ?,• r---?.V?'f??-? i??+-?i.` ?_.r i / 'i` \?\?' ?? ....'ti`,/. \ \•--_ ?? `, f - Z '?? ? ;`.•.`?j-i7??i ?{l r''t-f?611i' 'v.?_-'?'.,, r' -'-""-w??? ? ;.?.:.rj t•:?'1?` • •'?_•:. ? 1Wes?,i 1.1 h" j `?'+•;. f ? f ?•? ???.i • ?,? ? •4r \,'-f-' 1 ?i?''= ?. :? I ;' It ...1 66679' ? 116' 4028 f k r (? ! 7?rr ?f I I. \ "_7 --? ;' ?`` `t1?1 ?r e .'T Ili ?• I I 1 ?1 `?? a It _j sit 1,7 970 000 FEET -? '027 ??' 7}`) •%? s a., _. 3 N111wryp` J ' r \` ' 10, a ? 1(` 1 ?..`? `. l? 1 `,>>-. \ • l? ?(1 _ __ ? •:; ?f oZ Q?\ ? •,.???'?- °, ??r,, >? ?,?` ,,p '-? ..,. ?'• ^,•111•,. `?l'I .? it ?`?`• . . ?? 171 oar .?f v.. ' ". ? i/l)\ ?.rr J ., 111 1 ' ?,: J ??? Tleavec creel Q{ >/ ,•? > /T ' ::Cell 36 72130" _?-?-? r• / ,... L: . C \ 11 i : ?-?•.fi ..r./ M ?. 81'30' 1270000 FEET 457 458 08104 1 Mr. 27'30" 459 o1 Mapped, edited, and published by the Geological Survey '` "t, Control by USGS and USUGS * I YI, r. ToDrlttaplty by photoP.rammelric methods from aerial photographs MM taken 1964. Field thecked 1968 nN Polyroni[ prniectinn. 1927 North American datum 2W 10.000•loot grid based on Nntth Carolina coordinate system ?A MII.R . 0'IG_ 1000•m?trtr universal rransverse Mercator grid ticks, zone 17, ' MILS shown in blue finr rmi dAsh-I line4 indiralo enivclyd (once and field lines where p,'nnrally vi,001, nn gnrigl nhntneranh•. Thm inrnrnfatinn is nnrhnrit-1 11TH GRID AND 19114 MAr:Nrrie NORTH FROM RALEIGH REGULATORY 09.29.1997 15:55 P101 .0 t . . P,U=QJ-SCHARGE NOT I F I CAT! N P CN T0: National Marine Fisheries Service Pivers Island, NC FAX (919)728-8796 US Fish & Wildlife Service Asheville, NC FAX (706)258-5330 US Fish & Wildlife Service Raleigh, NC FAX (919)055-46$6 State Historic Preservation office Raleigh, NC FAX (919)733-8653 NC Division of Water Quality Raleigh, NC FAX (919)733-9959 NC Wildlife Resources commission Craadmoor, NC FIX (919)S20-9939 1. ACTION ID: 1q1q-1 CV- 33 2. APPTJ.( ANT: Ashy, ?jOl,,trr I l I&OfS 1'hc- 3. DATE OF TRANSMITTAL: g12gIA-1 97084,j 4. RESPONSE DEADLINE(5 days from transmittal): J0/'D3JCq"1 5. COMMENT DEADLINE(10 days from response deadline): 101 fSf9 -1 6. $END COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE RALEIGH, NC ATTN : J-oh '1 lbgm w FAX (919) 876-5823 Cam'; Zr7 We are also forwarding the attached PCN to the Fish and Wildlife Service and the National Marine Fisheries Service for review and comment concerning any likely affect to any threatened or endangered species or their critical habitat within those agencies, jurisdiction. FROM RALEIGH REGULATORY 09.29.1997 15:56 P.02 SEP 111997 ?J COPY DEM TD: piegui 101 rbja i ,ffN TD: ? 9 / 3 -- - NATIONWIDE BERMIT REQUESTED (PROVIDE NATXQW- IDE PERMIT #): _ PRE---CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMTTS THAT REOUIM 1) NOTZF;CATIOK TO THE CORPS OF ENGINEERS 2) APPLTCATION FOR SECTXQV 401 CERTIFICAT•YON $) COORDINAVX09 WXTR THE NC DTVISION OF COASTAL L4kNAGEMN7 SEND THE ORIGINAX, AND (1) COPY OF THIS COWLETED FORM TO THE APPROPRIATE FIELD OE'FICE OF THE CORPS OF ENGXNEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL M N2?GEMSNT (SEE AGENCx RDDRESSfg SHEET), PLEA.S£. P =. 1. OWNERS NAME: 2. MAILYNC ADDRESS: CITY. WAS7?I ?JOi? ZTATEi 2IP CODES PROJECT LOCATION ADDRESS, INCLUDING SUBDIVIVON NAMG" (Ir DIFFERENT FROM MAILING ADDRESS ABOVE) : _:?S09 6-iS'r- 4- v 3. TELEPHONE NUMBER (WORK) :0, 4. IF APPLIUASLE; APENT'5 NAME UK rE5PQW515L,Fa CQRFOI;ATG OFFICXAtr ADDAEDS, PHONB NUMBERS 5. LOCATION OF WORK '(PROVIDE A MAP, pREE EfiABLY A. COPY OF USGS TOPOCIRAPMTC NEAP OR AERXAS, PH OGMPHY WXTH SCAT,E) : /4/ 7,W 7-0Wr/ PF E.f jig/-7?"??( h COUNTY: NEAREST TOWN OR CITY, /"" . o . -_eox 6 b 1 FROM RALEIGH REGULATORY 09.29.1997 15:56 P.03 SPECIFIC LOCATION (INCLUDE ROAD ETC .) :? I ?iG/r??S /TAI ?i? NUMBERS, LANDMARKS, 6. IMPACTED OR NEAREST STAEAM/RIVER: ?Z2=?f RIVER BASIN: iv?L- r- -- - ,. 7m. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL (SA), HIGH QUALITY WATERS (HQW), OUTSTAND G RESOURCE WATERS SUPPLY (WS--T OR WS-IT)? YES ( J NO ( Ir YES, EXPLAIN SALTWATfoR (ORW), WATER 7b. IS THE PROJECT LOCATED WIT11111 A NORTH CAROLINA DIVISION OF t"OASTILL MANAGEMENT AREA OF ENVIROMMENTAL CONCERN (AtC) ? YES [ ) NO [V3'' 7c. IF THE FA YSCT IS LOCATED WITHIN A COASTAL COUNTY (8EE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) ASSIGNATION? $6. HAVE ANY SECTION 404 PERMITS BSEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [1,1'' IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS'PERMIT AND ANY ADDITIONAL INFPRMATION (INCLUDE PHOTOCOPY OF 401 CER'?xFSCA'1~Z4?T) --- 8b. ARE ADDITXONAL PERM REQUESTS EXPECTED FOR THIS eROPERTY IV THE 17 FVTURE7 YES [ ] NO [ IF YE3, DESCRIBE Jet TTCIPATED WORK: It. 9a. ESTIMATED TOTAL NVI40ER OF ACRES Its TRACT Or LAND_ 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON pRo0 ECT SITE: /V o? 2 FROM RALEIGH REGULATORY 09.29.1997 15:56 P.04 10a. NUMBER OF ACRES Off' WETLANDS T14PACTED BY THE PROPOSED PRC)JECT BY! FILLING. _ EXCAVATION: FLOODING: OTHER., DRAINAGE! TOTAL ACRES TO DE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED 3Y THZ PROPOSED PROJECT (IF RELOCATED, PROVIDE /DZS?TANCE BOTH -8ZF0RZ AND AFTER RELLOCATION) : LENGTH BEFORE: --FT AFTER: FT WIDTH BEFORE (based on normal high water contours) : Z;F-- FT WIDTH AFTER: Q / FT AVXRAGE 0EPTM BEFORE: J •p ?'f? ?kf -f?' AFTER: -"Q /r?[//?f .pT (2) ST F?,j? (',H??NF MPACTS TJIL RESULT FROM: (CHECK ALL THAT APPLY) OPE14 CHMNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL, EXCAVATION: C:ONSTRUC:T.10M OP A DAM/TLOODINC: OTHER: 11. IV CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OP THE, WATERSHED DRAINING TO THE POND? WHAT IS THE EXPEC?ZD POND $IRFACE AREA? 12, DESCRIPTION or PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANIC L E UIp ENT TO BE US fl) (ATTACH PLAr79: 8 3.1211 X 1" DRAW NCS ONLY) 13. PURPOSE OF PROPOSED WORK! ?rJ.SrJ?C FROM RALEIGH REGULATORY 09.29.1997 15:57 P105 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 1S. YOU'ARE REQUIR2D TO CONTACT THE V.S. P109 AND WXLDLIFE SERVICE, (USFWS) AND%OR ATIONAL MARINE FISHERXES SERVICE (NMFS) (SEE AGENCY i?? ADDRESSES SHEET) REGARDING THE. PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTZNG.-ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT .IN THE PERMIT AREA THAT- AY -BE,AFFECTLD BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE RGFNCIES.) 16, YOU AEt? REQUIRED-TO-CONTACT. THE STATE HISTORIC_Pl?BSERVA,T.I.ON 4ZFICER A) c (SHPQ) (SEE AGENCY A,,,?,?IZE,AS.ES._.SKEET)• REQ?#R? 03 THL- PXrosZNCV Off'' J XZTOSXC ? C, 1!;:f PROP F,RTIES--TN'TRE PERMIT AREA 'UIHICH MAY SE APFECTED BY TIE-PROPOSED PROJECT. DATE CONTACTED.- 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF FCBLXC 1`tOPS OR THE USE OF PUBLIC (STATE) LAND? YES 0 NO - 14-11F NO, GO TO 16) CL I 7F YES, DOES THM PROJECT RGQVXRE PRMFARATION OF 411 ENVIRONMENTAL 00Cl7MRNT PURS09NT TO THE REQUIREMENTS OF THE N07TH CAROLINA ENVIR.ONMENTAT. POLICY ACT? YES [] NO le b. IF YES, HAS T'HF DOCUMENT SEEN RFV: n0RD TNROUG'H THE: NORTH CAROLTNA ,DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO E] It ANSWER TO 17b IS YES, THEN SUBMIT APPROPRTATF DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DTVX$ION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAAOLXNA rNVXRONMF,NTAL POLICY ACT. OTTESTIONS RRr,,,A,RDING -THE STATE CLEARINGHOUSE REVIEW PROCESS S14OUI-D BE DIRECTED TO MS. CHRYS AAGGRTT, DTRFCTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 PJEST JONES STREET, RALEIGH, NORTH CAROLINA 27E03-8003, TELEPHONE (919) 733-G369. 4 FROM RALEIGH REGULATORY 09.29.1997 15:57 P,06 19. THE FOLLOWING ITEMS SHOULD SE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLMDS, STREA14S, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PEP-1WENT) ON x'KQ PROPERTY H SE SHOWN ON THE MAP, MF SCALES 311OULD BE 1 YNOK EQUALS 50 FEET OR I INCH EQUALS 100 rEET OR T14EIR EQUIVALENT. U. IF AVAILABLE, R8PAESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c• IF DELINEATION WAS PERI'ORME1D BY A CONSULTANT, INCLUDS AST DATA SHEETS RELE'V'ANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACR A. COPY OF THE STOR14WATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY7 f. IF APPLICABLE, WHAT 13 PROPOSF,O MOTHOD OF SEWd9GFi DISPOSAL? . SXGNZD AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOM. WETLMOS OR WATERS OF' THE U . S _ MAY NOT BE IMPACTED PRIOR TO: 1) TUSUANCE Or A SECTI0I4 404 CO"S OF ENGINEERS PEf MIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 402 DIVISION OF ENVtA()NWNTAi, MMAGEMNT WATER QUALITY) CERTIrICATYON, AND 3) OW THE TT,tMTY COASTAL COUNTY-EC ONLY) , A LETTER FROM THE NORTH CAROLINA DIVISION Off" COASTAL MANAGEMENT 9TATINC THE PPj0V0SED ACTIVITY xS COMSTENT W'IT'H "TUE NORTH CAROLTNA COASTAL MANAMMF:NT FROG OWNER' S /A S SIG TURRE Dim (AGENT'S SIGNMURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (189.)) 5 FROM RALEIGH REGULATORY 09.29.1997 15:58 Pr07 191 ' Iv' . I I \ 1\{ 11` ?. \1 `', •S v? ? ' ' %?) LetSU ;) I '1 I 1 1 °??;,,'`:.v'.;?:': '?-i:?,?.*?.. ,.t",%.'''? J •'?3,' :_?. '` t',•?..) ? °DSO._, i J',IN.t -t'•-- I!I\,' _ ?T t? . "?:'t:??. .-: II 1 l/ JJ???••^^ 1 p 1 1`_' }j,?.l-?r,?T? a{, „ r`. i.f '\.? / ''/ 3 .•/"?f?. t/! r _ 403 '??.?S ? _ ? .?1? I • j ? ? ': ,: •,1???' ? ?J (r??`' `?I? 1?.. ?., 1 J •J i • : ' ...ti l.'"-•..?i•r'•? `' • ` ;?. ?', d ,r'I I 1? 1 !! `'_i, • ?Lk:,.tiNtiC';! ? [/\? ..lilv:,r• 4 .??rl _?,'{,?? ?w 1 ? ??!'f =1.1r?- .. ? L.., ?M '?. V IZA -a! ?ij-1"??'•rv ?r ,rte-•'?.11 l? ??\ ?`^?? .1 '??.'.'?`_.. •..., Ylsz DI W "07 i, fl, `?•?11,? + , •?`?,: •?t?,??,, ,.\ /`!,' ?\y ?:1? p t r• ,, "? j ?(Y?? . 1 sou '•r \ ,?^ ?` _ :.'h,'I. 1 V .Yi / ( V. 028 "T.j .1-7 i!•. nY"3: •r:' 17 7 11 XIII 9 70 400 ?,s'1?. '•\ ??? ' ' ? .? •1 ,?! _ 1, V% FEET ? ,? - ? 0 , „ ? i c.. "?.-.:•??? / `•?/? ? 4 27 I R, S 7 7 I• / s7 f IF. zr?;Cl.., o ? Wit IT- ?a rJ?•, Y'I /` Dcalvlt,v ret '-r. ?? ?j f g c , ?? • l ?(' \ ?.; / y?4` ul 36422'30" --1•- ? r _'.-., ?:???.??'?.., C _: • n \.. 81-30' 156 1270 00 FEET rr57 l? neioa 7 A41, 27f301' 459 d. Mapped, edited, and published by the Geological Survey y 6' Control by USGS and USC&GS * I v, Topography by photogeamme(ric methods from aerial photographs MN taken 1964. Field ehocked 19613 nN Polyronic proieclinn. 1427 North American datum 215. 10,000-foot grid based on Nntth Carolina coordinate system e•`a"Nits _a?lc' 9 Mi4S 1000'momr Universal Transverse Mercator grid ticks, zone 17, shown in blue Fine rril dash rl IinnS indimito enlrc,nd lonce and /ieret lines where pnnr•rally vt:ihle nn anrigl nhntnv.rgnh,, Thia intnrrr,alinn i! -rnrhn^Ln•I IITN GRID ANn 19G4 MAr.Nri:r` NoRllt M N •J d' zN r' Ell 9 m'J a:... o 0 K H• Ct LI oa o w O rh fD O H zn t?t7 o m m O 10 K C'd cY 0 N O - fD v 14 oA O N N I-h I u O W O In In C L n O rt co I"A w a z w c? h w fD N O G M C1 w 40 CA v? -v 0 .0 0 w o- RJ ki Ln CD N O `o o (D e? m O !r o F) (D o a za'cf) 0 C) x m O 0) CD r+. OD rn 0 C z m 0 0 o m ? O A j U ? J T N J m N rn - t,yT ?T? U7 011?i D °N C: IDU TT?U z• w ?? -i?n cn ° ri n -,