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
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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. Possible out-of-kind mitigation (preservation of bog turtle habitat?) will be
proposed and will need APH approval.
Ashe.chr
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3-25-1995 2:47AM FROM ASHE CO. MOTORS INC 19102464109 P.1
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Post?t Fax Note 7672 :.. ,. ? No. of P?? t Today's Dve Time
3ah?
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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.
That the said party of the second part binds and obligates himself to install and maintain the encroaching
facility in such safe and proper condition that it will not interfere with or endanger travel poon said highway, nor
ex-
obstruct nor interfere with the proper maintenance thereof, to reimburse the party of tto the installation and cost
incurred for any repairs or maintenance to its roadways and structures necessary d
istence of the facilities of the party of the second part, and if at any time the party of the first part shall
require the removal of or changes in the location of the said remove orcalterethetsaidtfacilities,tin order tocconform
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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
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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:
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North Carolina Department of Environment,
Health, and Natural Resources printed on Recycled Paper
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MEMO
DATE:
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TO: -0-6 ?, ? d ""' SUBJECT:
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Sam S S
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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
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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
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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
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