19910008 All Versions_Complete File_19900423

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street o Raleigh, North Carolina 27611
James G. Martin, Governor April 23, 1990 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. K. E. Whittington, District Engineer
N.C. Department of Transportation
Division of Highways
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Whittington:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Stream Channel Change
N.C. Dept. of Transportation
SR 1133
Unnamed Tributary to Buffalo Creek
Ashe County
Attached hereto are two (2) copies of Certification No. 2453
issued to N.C. Dept. of Transportation dated April 23, 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
oa/????
George T. Everett
Director
Attachments
cc: W'lmington District Corps of Engineers
nston-Salem Regional Office
r. William Mills
Mr. John Parker
Pollution Prevention Pay.
P.O. Box 27687, Paleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Ashe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to N.C. Department of Transportation pursuant to an application
filed on the 12th day of March, 1990 to relocate a portion of the
stream channel in conjunction with improvements to SR 1133.
The Application provides adequate assurance that the
discharge of fill material into the waters of a tributary to
Buffalo Creek in conjunction with the proposed road way
improvements in Ashe County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 10 NTU's or less are not
considered significant).
2. A stringent erosion control measures and
maintenance program must be implemented to control
off-site sedimentation.
3. All disturbed soils must be stabilized as quickly
as possible with permanent ground cover.
4. That water not be diverted into the new channel
until it is completed and stabilized with
vegetation.
5. Streamco Purpleosier or Bankers Dwarf Willow must
be planted along the relocated stream channel for
bank stabilization and prevention of thermal
impacts.
6. That pool-riffle ratio, meanders, and stream width
of the relocated stream segment must be similar to
that of the existing stream.
Violations of any condition herein set forth shall result in
revocation of this Certification.

Certification (continued)
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 23rd day of April, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
c
George T. Everett, Director
WQC# 2453
F
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Winston-Salem Regional Office
April 9, 1990
M E M O R A N D U M 4
- - - - - - - - - - 4Pq
TO: Bill Mills, Planning (f;
THROUGH: Steve Mauney '' ?
Water Quality Supervisor
FROM: Jim Johnston 9?
WSRO
SUBJECT: 401 Certification, Ashe County
NC DOT SAW C090-N-005-0206

J•
The above mentioned project has been reviewed by a
member of this staff. This office has no objection to the
relocation of the portion of the stream requested, if the
relocated portion of the stream is returned as close as
possible to its natural state. This would include
pool-riffle configuration width and ground cover.
Our evaluation of what needs to be done concurs with
that of the Wildlife Commission. If you have any questions,
please do not hesitate to contact me.
JMJ/vm
cc: Central Files
WSRO

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC090-N-005-0206
March 15, 1990
PUBLIC NOTICE
The North Carolina Department of Transportation, Division of Highways, c/o
Mr. K. E. Whittington, District Engineer, Post Office Box 250, North
Wilkesboro, North Carolina 28659, has applied for a Department of the Army
permit TO RELOCATE THE CHANNEL OF AN UNNAMED TRIBUTARY TO BUFFALO CREEK
(DESIGNATED'PUBLIC MOUNTAIN TROUT WATER) IN CONJUNCTION WITH THE PROPOSED
WIDENING OF BUCK MOUNTAIN ROAD (S.R. 1311) WEST OF WEST JEFFERSON, IN ASHE
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant, and from review of available reference material. Plans submitted
with the application show that the N.C. Department of Transportation proposes
to place approximately 210 cubic yards of fill material below MHW in
conjunction with the relocation of approximately 350 feet of existing stream
channel. This relocation will allow for the widening of S.R. 1311. S.R. 1311
is currentlya 14-foot wide, unpaved road with 2-foot shoulders and ditches.
Proposed improvements to S.R. 1311 involve the grading of the road to
accommodate a pavement width of 16 feet, with 3-foot shoulders and 3-foot
ditches. Atone point, in the area of the proposed channel relocation work,
the referenced tributary to Buffalo Creek is within 4 feet of the existing
left edge of the road. Buffalo Creek is designated by the North Carolina
Wildlife Resources Commission as a General Trout Water. Pursuant to 33 CFR
330.8, the U.S. Army Corps of Engineers exercises discretionary authority over
designated public mountain trout waters in North Carolina, including all
tributaries up to their headwaters. No fill material is proposed to be placed
within wetlands as a result of this project. Plans showing the proposed
roadwork and channel relocation are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

-3-
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DOA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the Department of the Army permit serve as
application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 7, 1990.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before April 2, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Lekson, until 4:15 p.m.,
April 16, 1990, or telephone [phone].

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APR 1 1990
? y<Nnr. ?w
COASTAL RESOURCES CONIK
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor March 20, 1990 Ge? T. Rerett
WillianW. Wxy, Jr., Mazy Director
Mr. Charles R. Fullwood, Jr.
Director Wildlife Resources Commission
Raleigh, North Carolina 27603
Dear Mr. Fullwood:
The attached U. S. Army Corps of Engineers Public Notice No. 0206 dated
March 15, 1990 describing a project proposed by NC Dept. of-Tr
is being circu ate to interested state agencies for comments on app ica e
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 4/13/90
Very sincerely,
1r-?
J hn R. PCarker, Jr"!
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
2f - j - 94
Date
Agency
JRP:jr/aw
P.O. Boa 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

1 t.
0 North Carolina Wildlife Resources Commission 9
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
April 5, 1990
Mr. David Lekson, Permit Coordinator
U.S. Army Corps of Engineers
Regulatory Field Office
11413 Falls of the Neuse Road
Wake Forest, North Carolina 27857
Subject: Corps of Engineers Public Notice No. 0206,
Relocation of an Unnamed Tributary to Buffalo
Creek Along SR 1133, Buck Mountain Road, Ashe
County, North Carolina.
Dear Mr. Lekson:
We conducted site visits on January 30 and March 28,
1990, and have reviewed the proposed NCDOT plans for
relocation of approximately 350 feet of an unnamed tributary
to Buffalo Creek, Designated Public Mountain Trout Water
(DPMTW), along SR 1133 in Ashe County. The relocation will
allow for the widening of SR 1133. The present location of
the stream is within three feet of the existing road. Our
comments are provided pursuant to 33 CFR 330.8 concerning
U.S. Army Corps of Engineers (COE) discretionary authority
over DPMTW in North Carolina, including all tributaries up
to their headwaters.
For the record, this project is located on SR 1133, not
SR 1311 as noted in the COE Public Notice No. 0206.
The N. C. Department of Transportation (NCDOT) proposes
to place approximately 210 cubic yards of fill material
below MHW in conjunction with the relocation of
approximately 350 feet of existing steam channel. No fill
material is to be placed within wetlands. The project will
f
I
Mr. David Lekson Page 2 April 5, 1990
not affect species designated as endangered or threatened
pursuant to the Federal Endangered Species Act or the North
Carolina Endangered Species Act.
A scoping meeting was attended with NCDOT personnel on
January 30, 1990, to review this project. Our
recommendations as a result of that meeting concerning the
channel relocation have been incorporated into NCDOT plans.
We have no objection to the project as submitted provided
the following conditions are met:
1. A stringent erosion control measures and
maintenance program must be implemented to control
off-site sedimentation.
2. All disturbed soils must be stabilized as quickly
as possible with permanent ground cover.
3. Water is not to be diverted into the new channel
until it is completed and stabilized with
vegetation.
4. Streamco Purpleosier or Bankers Dwarf Willow must
be planted along the relocated stream channel for
bank stabilization and prevention of thermal
pollution (warming of trout waters).
5. Pool-riffle ratio, meanders, and stream width of
the relocated stream segment must be similar to
that of the existing stream.
Thank you for the opportunity to review and comment on
this NCDOT project. If we can provide further assistance,
please call on us.
Sincerely,
W. Don Baker, Program Manager
Division of Boating and
Inland Fisheries
[phone]
WDB/lp
cc: Joe Mickey, District 7 Fisheries Biologist

Rl-
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 8, 1990
SUBJECT: File No. SAWC090-N-005-0206
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
111213
A
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CO
rA1AR 1990
c,Z QUALITY I
P13nnizg aranci? 1?1
Enclosed is the application of the N.C Department of Transportation, c/o
Mr. K. E. Whittington, District Engineer, requesting Department of the Army
permit authorization, and a State Water Quality Certification, to relocate the
channel of an unnamed tributary to Buffalo Creek (designated Public Mountain
Trout Water) in conjunction with the proposed widening of Buck Mountain Road
(S.R11!93-i'1) West of West Jefferson, in Ashe County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by May 7.
1990, the District Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. David Lekson, Raleigh Regulatory Field Office, telephone
[phone].
Sincerely,
t
ne Wr ht
cting Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Regional Office Manager
North Carolina Department of Environment,
Health, and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
STA7-r ' .
JAMES G. MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P. O. °ox 250
^,ortii Wilkesboro, N,C 23659
Februar., 23, 1990
Mr. David Lekson
Corns of Engineers
11413 Falls of the N'euse Road
,Jake Forest, NC 27587
Dear ?r. Lekson:
DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
Attached you will rind completed application requesting permit to
perform a channel change approximately 350 feet of an unknown
name stream feeding into Buffalo Creel: in Ashe County, ':forth
Carolina.
As shown on the attached sl-.etches, it is imperative that channel
change je oerformed to provide lateral distance for the
construction of SR 1133, Buck Mountain Road. This road (SR 1133)
is scheduled to be constructAd and paved by Tune 30, 1990. The
road as it exists now is anrnroximatly 14-feet wide, unpaved
travelway with 2-feet shoulders and ditches. The proposed
improvement will consist of grading the road to accommodate a
pavement width of 16-feet wide, 3-feet shoulders and 3-feet
ditches. At the area wher-3 the channel change is needed, the
stream is within 4-4.eet of the existing left edge of road and
would be under the proposed new road at one location. At this
location there is a dwelling located approximately Station 11+00
on t;ie right irithin 15-feet of the right of 1,aay line. This
dwelling sets approximately 5-feet higher than the road. If the
alignraent of the new road was moved to the right to avoid a
channel chanrte, this would require a cut section witlh a slope
that would undercut t',ie dwelling at this location.
The oronerty owners at the dwelling would not or OVide -lie riqht
of wav for -Isis road ii same were moved to the riqht. Therefore,
to complete the construction of this road, we have no alternative
to the propose'a c`lan'?e.
An Equal Opportunity / Affirmative Action Employer
Ar. David Lekson
Pane 2
ebruar•,r 22, 1990
Please review this application and do not hesitate to contact
me if you need further information.
Sincerely
K. .. Wh i t t i n ci ttn
KE 71 DKB • ?:)e
cc: W. E. :yoke, PE
D. K. Miller
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER OUALITY CERTIFICATION
. EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carollna Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineen, Wllminitton Distnc
(GS 113.229, 143-215.3(a)(1). 143.215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name ?(C -1)FpraLCMFU-C oF -TQA??spestTACto?J - 17tV1Sro.J of l?tyUc.3ntJS
Last First Middle
B. Address ?? J?OK a5O ki"r-T11 tcltllCt ??t?a ? A,tf 2w E2
Street, P. O. Box or Route
?lorrttl W,Ik>:s?oeo k1. e- - 2?sq 41Q-667-41f7
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County ASN E
B. 1. City, town, community or landmark VI-5c SEFFEQS00 -70w,4 sht P
2. Is proposed work within city limits? Yes No L.----
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
1111110txv.?. ?Nrne Ct-GeJS FeeX.-3!, I&I t;AL en "_4
111. Description of Project
A. 1 Maintenance of existing project
B. Purpose of excavation or till
2. New work 2oAJ10Fttf Ill 4 ChA0lle.(. Ckgru6E
1. Access channel Ivngth width depth
2. 13(,x1 b.tsin length width depth
3. Fill area ?A?IJAO F% length 350 width I ;;T• depth 1 Fr- To Z FT.
4. Other length width depth
C. 1. Bulkhead length N (A Average distance waterward of ti1HW (shoreline),
2. Fype of bulkhead construction (material)
U. Excavated material (total for protect)
1. Cubic yards Soo 2, Type of material sAJl G?A
E. Fill materiel to be placed below MHW (sec also VI. A) II II
I Cubic yards 210 2. Type of material Su%- 2,0o L, ? IY1AtGrl w L
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No
t?
B. Dues the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location Pboor t- OG I
4`tlo N c 60 ?rod e-c_T
2. Do you claim title to disposal area? M(-D. F ill material st)urce if till is to be trucked in LocgL ?o2t2orJ ?,lT
E. How wi I excavated material be entrapped and erosion controlled? t5TAIJnA?D NCDO-- ?QOSIOtJ
Co Zo L me- 4-tom
I I s pc .,I coutomcnl to be used
?So
el
G. Will marshland be crossed in tramporting equipment to protect site? If yes, explain -Mn
0& F.;31
7.., In/,I
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
?t16?tC ?'2AtJ5?b2TA"11ofJ
4. Other
I. Lot size(s) 1`t i P,
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. 'Land Classifiution'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Han Synoosis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes `,,"40
2. Type of discharge `-uEeQCr >Zuk10Fr
3. Location of discharge A 10 na:a3 e.C;T-
VII. Present rate of shoreline erosion (if known): L1 I A
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: ?1,,0 -
IX. Length of time required to complete project: 2 mo?J ?S __
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or'other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on S% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
A)A
0. List names and complete addresses of the riparian landowners with property adjoining applicant's.
ch owners have 30 days in which to submit comments to agencies listebebelow.
OS><.O!stirs 1 ?.LCCrI/S SANd2A 1?.4?C S4mDx.J
Po. BoX /DiS - !ZT st /
2i?94-
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity • -)mplies
with the State of North Carolina's approved coasul management program and will be conducted in a
manner consicr-nt with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and p12L Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
AKIj
DATE orb 1G-g0 ?•?%- ?j? />?s?i1??T E.c/6iy ?z
v Applicant's Signature
oaF.az SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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Foot Office Sox 7045
Arcdia. California 91005
/ at" to Ann'" 6* b6"* hr ,era Parlrl aeey adSr+es, &mi. it arprp?tate, stnrae/a a eEY :y, N tKl%el+tka ee
The dlnel Creator sad
shall IRelvd lld Grantee u seed herein gall Include told prrtka. their belra, tuoecaaora, and 8,1211916 sad
e singular. plureL masemllRe, fminlne or Reuter al relvired by ceataxt.
WITNEMIXT11, that the Oranlor, for a valuable coaaideration paid hr the Oradea, the receipt of which b hereby
arknuwledaed, has and by thee' prlsenta dots grant. "maln, sell and eoRYSy usto the Crestse in foe sjc4le, all that
r.rtaln 64 or parcel of land situated in the City of Want Jcffaraon
Asho Township,
County, North Carolina sad more particularly deocribolsa follows;
SL)CIMUM on an iron stake at the interacetion of fonec:a, corner of 3111y {tare,
Jeff Calhoun, and the most northern corcar of the Roca Jcmc3 estate property
heroin deacribedl thence free the bc3innir.3 with the Jeff Calhoun ling, an
existing fence, S. 59-19 W. 06.89 toot to a 6" oak{ 2. 60-52 W. 76.23 foot to
a 7 oak{ S. 40-14 W. 350.51 feat to an iron atakal and 9. 40-14 W. 25.45 test
to a point in the center lira of U.C.O.R. 11771 thence with the cmter ling of
said road, S. 12-04 1. 154.40 feat{ 3. 19-55 3. 55.77 iaotl 3. 54-30 1. 53.10
foetl S. 47-33 S. 104.04 feetl S. 42-56 g. 194,15 f=t; zzd. e4-4: L. 72, s
feet] thence leaving said road with an cxiating fe-aea, ?he Rocco+Ann I2urray 11x.3,
Ii. 67-04 X. 264.93 feat to as 10" locust in fcneel it. 69-30 S. 177.60 feat to as
Iron stake in the Silly Sara line{ thence with the Ura line, It. 21-14 W. 462.02
feet to a 40" alplal and 11. 32-35 W. 329.59 teat to the = I=ZIx, eontuiniq
9.801 acres, inclusive of the existing riDht of way of U.C.S.R. 1133.
And ?ein;i the identical land descr:zed in and cam y d by that certain decd frca
Wade L, Vannoy, Jr., Crlrcxiaaioner, to Cunice J. Wilder, dated 30 I'ave ba: 1979,
and of record in Book 123, at pages 657-653, Ash* County Ac3istry.
.1 V?rlwlrlflel?M.We1171_r..--r-.e..r.e?."
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Nall afbr rveerdl to Pacific Industrial Proportiea, 101 lriat C4ntigton Drive. , t co
Box 3043, Arcada, California 91006
This lastru jrwa was ?rt?r?y of Jt t=TVJ, JMII=01 AI37 {iG M,
li?letdeecrlpba fur the Index It 90 Jeffer-oon. I?rth Carolina -440
9. °0 ccrca, Weat Jo orlon
NORTH CAROLINA GENERAL WARRANTY DEED
THIS LMZD aside tills day of gsptczbor , I® 87 ,
E7 slid bstweea
ORA JTOR
VMICt J. WrUM, Widow
GRANT=
PACIFIC IILWTAIAI. rfa'OPMT10,
a California Corporation
101 Itaot Watinltoo Drive
Post Office lox 3043
Arccdia, California 91005
1 sire 11 awpela,e N.e# M vats ParV, same. sdCr,e; aey tl ar torista, rOarae/e? d
The . ? ser?stka a yzetop?;?, natiom
rea s alldIncl de since lart piu 1. 0maaerllae, fe0004 min n olr m-ouuterle Ireju rtd by mttheir baba, suecsaaore, sad aaalQaa, and
WITNMSLTIt, that the Grantor, for a valuable coasiderstion paid by the Orealm the nea,ct of wkkk is hereby
arknuwledttd, kaa and by these prvaenta doge =rant baritaln, sell and eoavey unto the Craatcv Is fa tlcLpla, all Met
vertain I-t or parr.) of land situated in the City of What Jcffsrson
Ache Tevnakip.
County, North Carolina sad Mo" particularly descrlbod as folluws;
BOCINitIJiC on an iron stake at the intersection of fonts, corner of Dilly Bars,
Jeff Calhoun, and the most northern corrar of the Roca Jonca estate property
herein deecribedl thence frca tha bc3lnnir.3 with the Jeff Calhoun lima, an
existing fence, S. 59-19 W. 06.09 foot to a 6" oak= S. 60-53 W. 76.23 feat to
a 7" oak; S. 46-14 W. 350.59 font to an iron stake; arA S. 413-14 W. 25.46 feat
to a point In the centar lira of U.C.S.R. 1133; thcxa with the cantor lima of
said road. S. 12-04 S. 164.40 fact; 0. 19-33 3. 55.77 teat; S. 34-30 13. 33.70
feet; S. 47-33 S. 104.04 foot; S, 41-36 13. 196.13 r,r_3M
lest; thence 1e4vin8 said road with an cxistia3 faaca, •llo fzAe Ana 3:urray 11ma,
M. 67-04 t. 264.93 foot to as 10" locust in fcxel p. 49-30 2. 177.60 fat to an
iron stake in the Silly Aare line; thence with the Sara line, 11. 21-14 W. 462.02
flat to a 40" aaplel and 21. 32-35 W. 309.59 foot to the 11XIMINC, contulnit?3
9.801 acres, inclusive of the existir-3 riCht of way of iI.C.S.R. 1133.
And pains the identical land descr:asd in and cocrveys.d by that certain doad frca
Wade t, Vannoy, Jr., ClAaissioner, to C'unice J. Wilder, dated 30 w"cz-bet 1979,
and of record in Book 123, at peace 657-653, Aaho County Ac3istry.
1 ar A.- 1 w /t. 1 ! 1 „? a....? • 1111 - .,? ?.?, ... ?... A..w w..... a • tAe
jD!t?'L'.?;.Z?- ?T`..'..._ .... _:?..r ?a.?..-v.?.,.??...?_ t,r?K .s...- --. - r•
jc:,
12I GHT OF fWA Y Gl2EF_1??ENT
r PARCEL
STATE OF NORTH CAROLINA PROJECT ¢....21.2.14.9
COUNTY OF Aahc__ SECONDARY ROAD .1133
TOWNSHIP K0,0
.?I131'.fLirliOD ?[1C1t.1??QlL11tA?11...$DAd
PACIFIC INDUSTRIAL PROPERTIES
Carlton M. Rogers, President/Rhea Landing, Secretary 161 Pages 287-288
the undersigned owners of that certain property described in Deed book 16.1 at Pa, U1
in the Register of Deeds office of A3hje County, and bounded by 17 18 837
recognizing the benefits to said property by reason of the construction of the proposed
highway development, and in consideration of the construction of said project, hereby
grants to the Department of Transportation the right of way as herein described and
releases the Department from all claims for damages by reason of said right of way across
the lands of the undersigned, and of the past and future use thereof by the Department,
its successors and assigns, for all purposes for which the Department is authorized by law
to subject such right of way; said right of way being the width indicated and across said
property as follows:
15 ft? in width measured ,?LJ--ft.. on each side of the center line of the road, said
center line to be located by the Department and the construction or improvement of said
road shall constitute the selection of said center line; and such additional widths as
might be necessary to provide for cut and fill slopes and drainage of road.
It is understood and agreed that the right of way hereinabove referred to has
been staked upon the ground and the center line of the road is located in the center of
the right of way stakes. It is further agreed that the property owners will erect no
fencing or engage in cultivation upon the right of way described herein.
It is further understood and agreed that should circumstances, conditions, or
actions by the North Carolina Department of Transportation delay or delete the proposed
improvement of said road, that the right of way granted herein shall remain until such
time as released by the North Carolina Department of Transportation.
It is herein. agreed that a channel change shall be constructed on the property of the
I undersigned, outside of and adjacent to the left (northeastern) right of way boundary of
,. the project, between Survey Stations 9+17 and 12+10, and the undersigned shall have no
claim as a result thereof !

i
There are no conditions to this agreement not expressed herein. The undersigned
hereby covenant and warrant that they are the sole owners of said property; that they
anJAly hove +ho ..; ..i.? 6- .___? ..L: - . .. . .

.' SU1r o
JAMES G. MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY
Subject:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P. 0. Box 250
North Wilkesboro, NC 28659
February 8, 1990
RECEIVED
FE B ° »o
REGULATORY BRANCFI
DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
Permits for Pipe Replacement and Channel Change
Along SR 1133 Buck Mtn. Road in Ashe County
Mr. S. Ken Jolly
U. S. Army Corps of Engineers
Regulatory Branch
11413 Falls Of The Neuse Road
Wake Forest, NC 27587
Dear Ken:
This letter serves as a request for permits from the US Army
Corps of Engineers for the replacement, addition, and/or
extension of pipe and channel change required to perform the
construction of an improvement to SR 1133, Buck Mtn. Road in
Ashe County.
This improvement consists of grading, draining, adding base,
paving and erosion control to accommodate a pavement width
of 16 feet.
Attached are marked county map and sketches showing the
proposed pipe changes and channel change necessary for this
improvement. There will be less than ten (10) cubic yards
of fill material placed below ordinary high water at these
locations.
Also attached is a copy of letter to NC Wildlife Resource
Commission requesting their comments and a copy of their
reply previously sent to the corps.
The name of the stream involved is unknown; however, the
stream is a tributary to Buffalo Crock.
An Equal Opportunity/Affirmative Action Employer

Mr. Ken Jolly
February 8, 1990
Page -2-
It additional information is needed, please advise. Your
response to this request is greatly appreciated.
rnc ely,
Whitting o
District Engineer
KEW/DKB:Jmc
cc: W. E. Hoke, PE
D. K. Miller
a

RECEI v L.i
f E9 .1990
REGULATORY GRAriCFl
® North Carolina Wildlife Resources Commission
512 N. Salisbury Stieet, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
February 5, 1990
Mr. Ken Jolly, Office Manager
U.S. Army Corps of Engineers
Regulatory Field Office
11413 Falls of the Neuse Road
Wake Forest, North Carolina 27857
Subject: NCDOT Proposed Pipe Replacements and Stream
Relocation Along SR 1133, Buck Mountain Road in
Ashe County (Trout Exclusion).
Dear Mr. Jolly:
We conducted a site visit on January 12, 1990 and have
reviewed the proposed plans-for six pipe replacements and
stream relocation along SR 1133, Buck Mountain Road, in Ashe
County. The purpose of this project is to grade, drain,
base and pave the existing gravel road. This project will
parallel an unnamed tributary to Buffalo Creek which is
Designated Public Mountain Trout Water.
Based on the site visit and submission of plans we have
no objection to this project as proposed. The stream
relocation is necessary to prevent undercutting of the
current road bed. There is no room to move the road bed
away from the stream due to a home next to the right-of-way
across from the stream. As discussed with NCDOT personnel,
the relocated channel should match the original channel in
width, pool-riffle configuration, and slope. Water should
not be diverted into the new channel until it is completed
and stabilized. During the life of the project erosion
controls must be installed and maintained to prevent off-
site sedimentation and ground cover established utilizing
grasses as quickly as possible. Native shrubs and trees
should be planted along the relocated channel to provide
canopy shade for the stream to reduce any aspects of thermal

Mr. Ken Jolly Page 2 February 5, 1990
pollution.
Thank you for the opportunity to review and comment on
this project. If we can provide further assistance, please
call on us.
Sincerely,
W. Don Baker, Program Manager
Division of Boating and Inland Fisheries
[phone]
DB/lp
cc: Joe Mickey, District 7 Fisheries Biologist
Mr. K. E. Whittington, NCDOT
.N

J. LEWIS SIGMON, JR., M.D., FAAFP
SONDRA DALE SIGMON, ASCP(MT)
P.O. BOX 32153 i
CHARLOTTE, NORTH CAROLINA 28232-2153
March 29, 1990 TELEPHONE[phone]
Mr. David Lekson
Department of Army
Wilmington District, Corps
of Engineers
P. O.. Box 1890
Wilmington, North Carolina 28402-1890
RE: Widening of SR1311, Ashe Co., NC
Dear Mr. Lekson:
I am responding to your public notice of March 15, 1990, regarding
a "permit of relocate the channel of an unnamed tributary of
Buffalo Creek in conjunction with the proposed widening of Buck
Mountain Road (SR 1311) West of West Jefferson, in Ashe County,
North Carolina." I have owned property which borders this road
since 1970, and wish to support the widening and paving off said
road.
From an environmental impact standpoint, over the years there
has been major loss of soil, rock and other debris from the roadbed
from erosion due to rainfall. This great erosion cannot be good
for the trout streams and river into which the small stream flows.
Widening and paving the road would provide an effective barrier
to the unbelieveable erosion which has cost the state and ecological
system much loss over the years. Moving the stream to prevent
such losses would be well worth it from an environmental standpoint.
I am an avid trout fisherman, a member of Trout Unlimited , the
Nature Conservancy and the Sierra Club. I love the outdoors
and wish to protect the environment for this and future generations.
Having seen the tons and tons of debris and other solids washed
into the stream from the current dirt road, I am convinced that
widening and paving the road would be more environmental friendly,
and would create a more easily maintained, and safer road on
which to travel. I cannot see that moving the stream for widening
and paving the road would add any more pollutants to the stream
as presently happening.
It is my hope that the permit sought, as noted in the first paragraph,
will be approved because of the reasons noted above. There are
compeling reasons to do the project from an environmental perspective.
3 You s t 1?
. Lewis S
cc Mr. William Mills