19970725 Ver 1_COMPLETE FILE_19970820

r
John D
From: James Ronald (Ron) Linville [[e-mail]]
Sent: Monday, April 20, 1998 4:44 AM
To: [e-mail]
Cc: John Dorney; [e-mail]; [e-mail];
"NROAR04/N1 ED706"@ns.sips.state.nc.us;
"NROAR04/TS19W40"@ns.sips.state.nc.us
Subject: (Fwd) (Fwd) Godfrey Timeline for Jill Hickey
Some changes received from John Dorney...... Not sure if he previously forwarded e-mail to you.
DRAFT: This is a DRAFT TIME LINE only.
STEVE,
Please modify and or add, then forward to John Dorney for
additional inclusions. Thanks, Ron
JOHN,
After you are finished adding or deleting, please e-mail to Jill
Hickey. Thanks, Ron
BEGINNINGS:
Changed: 950417 not 971016 COE Permit issued for road crossing (NWP14).
Prior to 970808 LQ plans reviewed in WSRO for 401 concerns.
970808 Phone call to John Thomas about Godfry chip mill site.
970808 Call to John Domey about 401 applications or certifications, if any. None found in WSRO or
Central.
970808 Call to Chester Godfry. Set up meeting on 14th.
970811 Phone conversation with Bud Conner, "Danny Hockett has files."
970814 Site visit with John Thomas w/ COE. Additional UNPERMITTED wetland impacts found.
970814 Harris Gupton meeting about stormwater containment and 401 request including SOP for
emergency valve operation.
970821 Phone call to John Dorney reference Godfrey on site findings.
970826 Phone call from Mischi Binkley concerning chip mill industry, generally.
970826 Phone call from Harvard Ayers concerning larger ramifications of chip mill operations.
970828 Godfrey Lumber notified via letter to apply for 401.
970902 Phone call to John Thomas reference Godfrey permit.
970902 Phone call from Ken Bridle ref. chip millsite.
Add: 970909 Received application for 401 certification 970910 Phone conversation w/ Bradley Bennett.
970911 Phone call from John Calhoun ref. chip mill concerns.
970915 Phone call from Dr. Tim Mabe ref. chip mill site. WSRO received 401 application for stream
crossing and wetland impact.
970916 Chip Mill Public Hearing.
970917 Wetland evaluated by Ron, Pete and Eric F. Phone call from Dan Whittle ref. general chip mill
issues and forestry practices.
970919 Called Dr. Ayers and left voicemail message about scoping meetings planned.

9870923 WSRO received letter from NCWRC concurring w/ spill containment utilization. No mention of
wetting logs in letter.
970930 Phone conversation with Dan Whittle ref. chip mills and forestry practices.
971011 WQC #970725 issued by Central Office to Godfrey by DWQ.
971028 Phone conversation with Bud Conner (w/ Ron) indicating that spill containment would also be
utilized for leach water from spraying of logs (not mentioned during 401 review), e-mail on this for Steve
Mauney, called John Thomas ref. chip mill site.
971031 Confirmation received via phone from John Thomas that wetting logs had never been mentioned
to him either during 404 permitting.
971103 New info on Godfrey mill reported to Central Office.
971114 Phone call to Bud Conner setting up meeting on 20
971120 Phone cal from Mischi Binkley concerned about process water leaving chip mill and requesting
public hearing.
971121 Site visit w/ Bud Conner, Charles Godfrey„ Harris Gupton, Steve Mauney, John Dorney, Ron
Linville, Matt Gantt & Danny Hockett. Included log wetting scenario and site plan observations on land
disturbing activities.
971124 Stormwater permit voided for NCG040293 due to process wasewaters. Phone conversation w/
John Dorney. Phone conversation w/ Mischi Binkley concerning permit revocation.
971125 Meeting in WSRO w/ Harris Gupton, Ron Linville, Beth Morton, Larry Coble, Bud Conner,
Charles Godfrey, Harris Gupton & Bryan Hobson ref. individual stormwater permit operations.
971209 Phone conversation with Mischi Binkley.
971212 Godfrey meeting w/ Harris Gupton, Ron Linville, Beth Morton, Larry Coble, Steve Mauney ref.
possible site plan revision.
980106 WSRO received copy of COE Permit {Added: NWP261 (issued 971016).
980107 Meeting in WSRO w/ Harris Gupton, Steve Mauney and Beth Morton concerning stormwater and
irrigation.
980209 Phone conversation w/ Mischi Binkley. (Complaint letter received 980223).
980212 Chip mill public hearing.
980311 Site visit due to complaint letter. No changes found.
Added: 980416 Godfrey meeting in WSRO w/ Gupton and Conner. Morton, Linville, Coble and Mauney
present. Question on how to possibly get out of the 404/401 game. Suggested that best WQ option would
be to have spill containment built outside of wetland as it would protect waters in wetland.
Added: 980417 Discussed 404/401 question with Dorney and Jolley about what it would take for Godfrey
to get out of the 404/401 requirements per Godfrey meeting above. Generally, both concurred that the only
way would to bridge the road and remove drive culverts and to return wetland to preconstruction
conditions.
Please Note: Dates should be considered as "on or about".

4
Division of Water Quality
NOTE:Staff met with Bud Conner and Harris Gupton concerning Godfrey
Chip Mill on 4-16-98. They had a list of questions which they
wanted an official response from DWO.(see attached + last questions
on hand written notes). During-the meeting they kept referring to
other facilities in the State and how they were treated. Since
this issue involves more than WSRO, we did not feel comfortable
giving an answer for DWQ. I:advised that we would refer their
questions to Raleigh since we: had no knowledge how chip mill
facilities were handled in other regions and did not know what the
official policies were on their question.
North Carolina Department of
Environment, Health, and Natural
Resources
Winston-Salem Regional Office
FAX
TO: Preston Howard, Colleen Sullins
4 # of pages 404froy Chij2 mill
FROM: Larry D. Coble, Regional Supervisor
If you have any questions, please advise.
???6 JED
2 1 1998
l
585 Waughtowrn Street, W1n8LOl1-Salem, NC 2710? • 910-??1d 60 AX?].{11-771-?9?990
Ij4r/i 11:R QU , _
S'C1`r'0N

April 16, 1998
Questions we would like to discuss and get written answers:
rS
1. If we forego the wet (irrigation) storage of wood stored what
would be the status of revocation of GSW (General Stormwater) ? o0
Permit?
2. (Ron Linville) Do you feel it would be necessary to reclaim c,
wetlands for return of permit? Would removing existing
retention pond dam and pipe have-any effect? N
S
3. Please explain why a spill retention pond is necessary! Our
lawyers' review shows the only "hazardous waste" would be fuel rY
oil/storage in excess. of (132.0 gal. total storaged and/or 660 gal. maximum-container).
4. -Is a GSW Permit necessary if;we provided a detention pond
capable of handling the 25 yr./24 hr. storm?
(A) Define: Specific design specifications and criteria
required.to meet DENR definition of a 25 yr./
24 hr. detention facility.
5. What kind of permit is necessary for a concentration yard (no
manufacturing of chips). Receive, unload, reload and haul
away from site. Does size of concentration yard (acreage)
affect the answer?
6. If you file an N.O.I. on (A) Individual Permit (B)--General
Stormwater Permit, how long before DENR is required to
respond?
Bud Connor

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MAY-05-1998 0705 FROM N.C.ATTORNEY GENERAL
Paid.
STATE OF NORTH CAROLINA
i
COUNTY OF STOKES
TO
HICKORY ALLIANCE,
Petitionter.
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF
WATER QUALITY,
Respondent,
39959 P.01
i RESj!Q V DF
,NT'S RESP ONSE TO
i RESTON ,
DF...j-jD TER VT2LQR'S FIRST
i SET OF INTERROGAT O S AND
i REOUE STS FOR PROD IICTION Op'
DOCUM ENTS TO RES PONDENT
and
Godfrey Lumber Company,
Incorporated,
Respondent-Intervenor.
Prtrsuant to N.C.G.S. § 15011-28(a), 26 N.C.A.C. 3.0112(b), and Rules 26,33 and 34 of
the North Carolina Rules of Civil Procedure, Respondent hereby responds to Godfrey Lumber
Company, Inc. to the requests for production of documents and interrogatories as set forth below.
UffERROGATME5
1. List all documents consulted, referenced, reviewed or relied upon in arriving at
the decision to issue the October 11, 1997 approval of 401 Water Quality Certification to
Godfrey.
ANSWER: 15A NCAC 2H.0500 er seq.
15A NCAC 2B .0200 er seq.
Godfrey's 401 application
MAY-05-1998 0706 FROM N.C.ATTORNEY GENERAL TO 39959 P.02
2. List all decisions by any administrative law judge and/or DENR denying an
application for Approval of 401 Water Quality Certification.
ANSWER: Respondent does not track such information on its computer data base.
The parties may inspect Respondent's files to determine the answer to this request. Respondent
has enclosed Exhibit A, a list of all denials of 401 applications since 1994 (the date upon which
Respondent began tracking such information) and Exhibit B, a list of all withdrawals of 401
applications since 1994. When Respondent indicates to a 401 applicant that it does not intend to
approve its application, often the applicant simply withdraws its request for the 401 certification
rather than proceed to a denial. Petitioner may review the files of the withdrawals to determine
which were attributable to Respondent's determination that it would not issue a 401 certification.
For denials and withdrawals that occurred prior to 1994, Petitioner may review Respondent's
files to determine the answer to this interrogatory.
There are no decisions by an Administrative Law Judge denying an application for
approval of a 401 certification.
3. List all decisions by any administrative law judge and/or DENR granting after-the
fact approval for 401 Water Quality Certification.
ANSWER. It is not uncommon for Respondent to issue after-the-fact approvals for
401 certifications, and Respondent does not track such information on its computer data base.
Petitioner may review all 401 applications processed by Respondent (approximately 1000/year)
to determine the answer to this interrogatory.
2
MAY-05-1998 0706 FROM N. C . ATTORNEY GENERAL TO 39959 P.03
'T'here are no decisions by any administrative law judge granting after-the-fact approval
for 401 certifications.
4. List all decisions by any administrative law judge and/or DENR denying after-
the-fact approval for 401 Water Quality Certification.
ANSWER. Respondent does not track this information. Petitioner may, inspect
Respondent's 401 files to answer this interrogatory. Exhibit A (list of denials) and Exhibit B
(list of withdrawals) attached hereto contain a list of the files Petitioner should examine to
determine which, if any, involved denial of after-the-fact requests for a 401 certification.
There are no decisions by any administrative law judge denying after-the-faot approval
for 401 water quality certifications.
5. List the reasons that DENR did not hold n public hearing for tho October 11, 1997
approval of 401 Water Quality Certification.
ANSWER: The Director of the Division.of Water Quality determined that it was not
r
in the publie's.best interest to hold a public hearing on Godfrey's request for coverage under
DENR General Certifications 3103 and 3108 pertaining to Corps of Engineers Nationwide
Permits Numbers 14 and 26.

6. List all decisions by any administrative law judge and/or DENR granting a
request for a public hearing for an Approval of 401 Water Quality Certification.
3
MAY-05-1998 0707 FROM N. C. ATTORNEY GENERAL TO 39959 P.04
ANSWER: Respondent does not track this information, and Petitioner may review
Respondent's files to obtain the answer to this interrogatory. To the best of Respondent's
recollection requestsIor public hearings were granted for the following 401 applications:
Global Transpark
Federal Paper Board
US 311- High Point
River Watch Subdivision - Wake County
There are no decisions by any administrative law judge granting a:request for a public
hearing.
7. List all decisions by any administrative law judge and/or DENR denying a request
for a public hearing for a 401 Water Quality Certification.
ANSWER: Respondent does not track this information, and Petitioner may review
Respondent's flies to obtain the answer to this interrogatory. To the best of Respondent's
recollection requests for public hearings were denied for the fallowing 401 applications:
Ingles - Hendersonville
Broad River Chip MR - Rutherford
There are no decisions by any adminisrtrative law judge denying a request for a public
hcaring.
8. List all documents which reference or otherwise pertain to policies, strategy,
guidance or interpretation relating to the enforcement and effect of the rules codified as
15A. N.C.A.C. 2H.0501 through 2H .0507 which were generated, created, received, or otherwise
maintained by DEM on or after October 1, 1996.
4
MAY-05-1998 0707 FROM N. C . ATTORNEY GENERAL TO 39959 P.05
ANSWER:
June 5,1997 memo to NCDOT Division Engineers
Frequently Asked Questions About Wetland Rules Passed by the N.C. EMC
information Packet on Preconstraction Notification
N.C. General 401 Certifications for Nationwide and General Permits - Feb. 1997
I5A NCAC 2B .0100 and .0200
15A NCAC 28.0233
15A NCAC 2H .0500
Stream Relocation/Channelization Guidelines
Water Quality Certification: General Review Process
Wetland Mtigatioon Requirements and the Wetland Restoration Fund
Compensatory Wedand Mitigation Guidance
Report of the NC DEHNR WetlandsTask Force
15A NCAC 4B .0024
Wetland Values
There are also a number of documents, too lengthy to list but which either party
may inspect upon request, relating to the adoption of the wetland rules and the 401 certification
rules. Those documents are available in the offices of the Environmental Division of the
Attorney Cireaeral's Office.
9. State the names and addresses of each and every pexson you may call as a witness,
giving a brief summary of the testimony expected from each.
ANSWER:
Jahn Donley - 401 process; issuance of the 401 certification; site visit on Nov. 21, 1997
Water Quality Lab
Reedy Creek Rd.
Raleigh, NC
Ron Linville - site visits; recommendation to issue 401 Certification; discovery of planned used
of upper pond for wastewater recycle system (same address as Steve Mauney)
5
MAY-05-1998 07:07 FROM N.C.ATTORNEY GENERAL TO 39959 P.06
Steve Manney - numerous meetings with Godfrey representatives; site visit on Nov. 21;
recommendation to issue 401 certification
Winston-Salem Regional Office
Div. Of Water Quality
585 Waughtown St.
Winston-Salem, NC 27107
A. Preston Howard, Jr. decision not to hold a public hearing on the 401 certification
512 N. Salisbury St.
Raleigh, NC 27604
10. Identify each person you may call as an expert at the hearing of this matter, and as
to each expert provide the eormation required by Rule 26(b) of the North Carolina Rules of
Civil Procedure.
ANSWER: Respondent has not yet determined who, if anyone, it will call- as an expert
at the hearing.
It. A. Preston Howard, Jr., John Dorney and Ron Linville wcrc identified as
witnesses in DENR's Preheating Statement. Explain in dotal each one's specific involvement in
the decision to issue the October It, 1997 Approval of 401 Water Quality Certification.
ANSWER: See response to interrogatory number 9.
UQ= FOR PRGIDUCTLQLT _DOCUN?NTS
I . Produce all documents idontified in response to the Interrogatories above.
6
TOTAL P.06
lrhe

84L-
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A 114.
STATE OF NORTH CAROLINA
COUNTY OF STOKES
HICKORY ALLIANCE,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF
WATER QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 EHR 1607
PREHEARING STATEMENT
OF RESPONDENT
NOW COMES the Division of Water Quality of the North Carolina Department of
Environment and Natural Resources, Respondent, by and through the undersigned pursuant to
G.S. 150B-33(b)(4) and Rule 26 NCAC 3 .0004 and files this prehearing statement in the
above-captioned matter.
1. This matter involves the issuance by the Division of Water Quality (DWQ) of a
water quality certification to Godfrey Lumber Company pursuant to Section 401 of the federal
Clean Water Act. DWQ's action certifies to the U.S. Army Corps of Engineers that Petitioner's
discharge of fill material into 0.6 acres of wetlands or waters for the purpose of constructing a
road crossing and an emergency spill management system at Godfrey Lumber Company will not
violate State water quality standards and may be covered under General Water Quality
Certification Numbers 3103 and 3108. This General Certification permits Godfrey Lumber
Company to use the U.S. Army Corps of Engineers Nationwide Permit 26, which is necessary
for the construction to proceed. The issues to be resolved are whether Respondent:
a. acted erroneously;
b. acted as required by law or rule;
C. acted arbitrarily or capriciously;
d. deprived Petitioner of property;
e. used proper procedure.
The statute involved is the federal Clean Water Act; the rules involved are 15A NCAC
2B sections.0100 et seq. and.0200 et seq. and 15A NCAC 21-1.0500 et seq.
At this early stage of the proceedings, Respondent cannot cite any legal precedent which
might be relevant or controlling in this contested case.
2. On September 5, 1997 Respondent received Godfrey Lumber Company's
application for Section 401 water quality certification to fill 0.6 acres of wetlands in order to
construct a road crossing and emergency spill management system at a facility under
construction in
. There are 0.6 acres of jurisdictional wetlands and
streams remaining on the property.
[ISSUES RAISED BY PETITION ARE AS FOLLOWS (Please give me the facts underlying
each issue and your version of DWQ position on each)
issued the certificate after the fact
-3-
failed to hold public hearing
failed to investigate the compliance record of Godfrey
failed to consider cumulative impacts of chip mill
A copy of the 401 water quality certification, the document constituting agency action,
is attached.
3. Witnesses for the Respondent include, but are not limited to, the following
employees of the DWQ:
A. Preston Howardf, Jr. - Director ?
John Dorney - Supervisor, 401 Certification Program
Ron Linville - Winston-Salem Regional Office
Additionally, Respondent may call as a witness any person familiar with the Godfrey Lumber
Company's application for 401 water quality certification, as well as any person named as a
witness by any other party. Respondent reserves the right to supplement this list as it prepares
for a hearing in this matter.
-4-
4. The length of time for discovery set forth in the Scheduling Order is acceptable.
5. The location of the hearing set forth in the Scheduling Order is acceptable to
Respondent.
6. The hearing length is estimated at one day.
7. Not applicable.
8. The hearing date established in the Scheduling Order is acceptable.
9. There are no special matters at this point in time.
Respectfully submitted this the day of February, 1998.
MICHAEL F. EASLEY
Attorney General
Jill B. Hickey
Assistant Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing PREHEARING STATEMENT OF
RESPONDENT was served on the Petitioner by depositing a copy in the United States Mail, first
class, postage prepaid, addressed as follows:
John D. Runkle

PO Box 3793
Chapel Hill, NC 27515
This the day of February, 1998.
-5-
MICHAEL F. EASLEY
Attorney General
By
Jill B. Hickey
Assistant Attorney General
N. C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
22082
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Pro #V
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Facility Nam ''y _

County

94 0026 HARBOUR ASSOCIATES BRUNSWICK 5116/94
_
-DENIED
94 0310 THOMAS KEITH (AGAIN; BLADEN 818194 DENIED
94 0852 GINGER FOUST NEW HANOVER 11/1/'94 COE Denied
95 0083 WALLACE GARNER/RUTH WALKER CARTERET 5/24/95 DENIED
95 1132 WILLIAM EDWARD MINGIb NEW HANOVER 1/11/96 DCM
95 1275 TOWN OF SUNSET BEACH - JINK'S CREEK BRUNSWICK. 2119/96 DCM
96 0008 TOWN OF BELVILLE - ACCESS PARK BRUNSWICK 3/29/96 DENIED
96 0384 ROBERT MIDGETT- COMMERCIAL DARE 10/2/96 DENIED
96 0503 HARRELL ENTERPRISES PASQUOTANK 10/2/96 DENIED
96 0694 LARRY & DRUCILLA HADDEN CUMBERLAND 8/4/97 C OE
96 0825 HATTERAS ESTATES/BURRUS DARE 10/28/96 DENIED
96 0917 NEW HANOVER CO. SHELL ISLAND NEW HANOVER 10/10/96 DCM
97 0463 DANIEL R. FOREMAN & ASSOCIATE! PAMLICO 8/5/97 DCM
qZ -13o,-,V led-
q3
?6 13
1
94 0029 EARL STALLINGS, JR. PASQUOTANK 3119/94 WITHDRAW
94 0036 MIKE WALLACE DUPLIN 7)25/94 WITHDRAW
94 0048 CARTERET CO WASTE CONTAINER SITE CARTERET 3/17/94 WITHDRAW
94 0188 LILLY YEOMANS CARTERET 4/18194 WITHDRAW
94 0191 EARL WORSLEY NEW HANOVER 7121/94 WITHDRAW
94 0196 STEVE NIEMEYER NEW HANOVER 7/21/94 WITHDRAW
94 0197 BOB CLEMENTS NEW HANOVER 7/21/94 WITHDRAW
94 0224 VERNON JAMES PASQUOTANK 1/1/95 WITHDRAW
94 0229 R. SHELTON RHODES, JR. LENOIR 7125/94 WITHDRAW
94 0231 RICHARDSON CORP NEW HANOVER 1/1/95 WITHDRAW
94 0262 BEN NORWOOD MECKLENBURG 7/25/94 WITHDRAW
94 0297 GLENN & DOROTHY HOCKNEY HYDE 7/7/94 WITHDRAW
94 0323 MATTHEW K. MILLER BEAUFORT 7125/94 WITHDRAW
94 0351 PETROLEUM FUEL & TERMINAL COMPANY NEW HANOVER 1/1/95 WITHDRAW
J4 0374 DWAYNE GLENN HERTFORD 7/21/94 WITHDRAW
94 0562 JOE EAGLES/FRED EAGLES WILSON &VA4 WITHDRAW
94 0566 BRADLEY & MARY MINSHEW LOT 15 ONSLOW 6/28/95 WITHDRAW
94 0589 FLOYD PROPERTIES - LOT 79 CUMBERLAND 8/22194 WITHDRAW
94 0887 THOMAS CRAVEN MOORE 1/1/95 WITHDRAW
94 0909 JOHNNY HARRIS MOORE 1/1195 WITHDRAW
94 0934 EURE TRUST DEVJ FIRST CITIZENS BANK CARTERET 12/28195 WITHDRAW
94 0964 LONGLEY SUPPLY COMPANY - MILL CREEK NEW HANOVER 1/1/95 WITHDRAW
94 0972 HUNTERS TRAIL PROPERTY - NEW HANOVER 1/i/s5 -WITHDRAW
94 1088 MICHAEL R. PINES NEW HANOVER 1/1/95 WITHDRAW
94 1192 TWIN STATES FARMING-FRANK HOLDING JOHNSTON 12/28195 WITHDRAW
95 0018 MARY ELISSA QUAN PAMLICO 1/25/95 WITHDRAW
95 0036 REX TILLETT-RADCON MINE DARE 1/1/96 WITHDRAW
95 0494 JAMES THOMAS HINES JOHNSTON 12/28195 WITHDRAW
95 0511 ROBERT INGLES - INGLES MARKET, INC HENDERSON 12/28195 WITHDRAW
95 0558 TOWN OF ANGIER HARNETT 1/18/96 WITHDRAW
95 0609 JAMES E. SNEEDEN NEW HANOVER 12/15/95 WITHDRAW
95 0807 LEONARD T. PUGH, JR HYDE 12/28195 WITHDRAW
95 0826 TOWN OF BENSON- BENSON HOUSING JOHNSTON 12128/95 WITHDRAW
95 0849 THE NATURE CONSERVANCY CARTERET 8/28/95 WITHDRAW
1
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Project List sns>gs
No rRecieved
F
Dates
3

`Prclect# J,:
Facility Name '

95 0909 FLOYD CONST. - LOT # 71 - KINGS GRANT
95 0910 FLOYD CONST. - LOT # 70 - KINGS GRANT
95 0955 HOLLOWELL AUTOBROKERS, INC
95 0968 NC DOT - US 64
95 1018 RONALD M. LONG - WITHDRAWN
95 1056 PAULINE S. JOHNSON
95 1062 BROYHILL REALTY
95 1094 WILSON CORPORATE PARK
95 1143 ARTHUR BRUCE WILLIAMS
95 1170 TARL-ETON PLANTATION
95 1175 J & K FARMS - KENNETH MOORE
95 1179 THOMAS GIBSON
95 1192 RAYMOND DENTON
95 1197 DAVID MORRISON
95 1222 CAROLINA TELEPHONE - COROLLA Ta
95 1226 LINWOOD BARWICK
95 1228 NATIONS BANK 11
95 1259 STEVE KILPATRICK
96 0004 STUART PIERCE FARMS
96 0061 GEM & LAPIDARY WHOLESALERS INC
96 0093 KEN FOSTER
96 0166 TAYLOR FARMS, INC.
96 0180 PAVILION PARTNERS
96 0282 JAMES B. FARTHING
96 0421 MECK. CO.BRIAR CREEK IMPROVEMENTS
96 0454 JAMES AND REGINA VESTEF
96 0487 BETTY S. BALLOU ESTATE
96 0524 EARL DAVIS
96 0663 RONY HAYDEN
96 0785 ROBERT DAVIS
96 1051 JOE CLAY JONES
96 1137 CARTERET COUNTY PARK AND REC
96 1167 STEPHEN SHARPE & LOU SHARPE
96 1157 J.M. MASSEN
46k my
CUMBERLAND
CUMBERLAND
PERQUIMANS
CLAY
CARTERET
DUPLIN
LENOIR
WILSON
ONSLOW
CUMBERLAND
SAMPSON
SCOTLAND
WILSON
RICHMOND
CURRITUCK
NORTHAMPTON
MECKLENBURG
DUPLIN
HERTFORD
MACON
BEAUFORT
CARTERET
MECKLENBURG
AVERY
MECKLENBURG
NEW HANOVER
CARTERET
DUPLIN
WILKES
CHEROKEE
LENOIR
CARTERET
GUILFORD
SAMPSON

6/6/96 WITHDRAW
6/6/96 WITHDRAW
10/17/96 WITHDRAW
10123195 WITHDRAW
10117/96 WITHDRAW
12/28/95 WITHDRAW
10/17/96 WITHDRAW
10117/96 WITHDRAW
3/14196 WITHDRAW
10117/96 WITHDRAW
10117196 WITHDRAW
4/3/96 WITHDRAW
7/15/96 WITHDRAW
12130/95 WITHDRAW
4/3/96 WITHDRAW
4/23/96 WITHDRAW
12/23196 WITHDRAW
4/3/96 WITHDRAW
2/12/96 WITHDRAW
4/1/96 WITHDRAW
2/29/96 WITHDRAW
12/6/96 WITHDRAW
1216/96 WITHDRAW
5/3/96 WITHDRAW
9/19/96 WITHDRAW
12/23196 WITHDRAW
12/6/96 WITHDRAW
12/23196 WITHDRAW
12/23196 WITHDRAW
10110/96 WITHDRAW
11/20/96 WITHDRAW
12131196 WITHDRAW
12119/97 WITHDRAW
1/20/97 WITHDRAW
2
u
ITT
3Projectlist % 3M6/9s
No Recieved Dates ?- r Yr
s
r
401 '
4
?Proiect # r Facility Name County Date E:
97 0026 BEECHWOOD HILLS N. FRANKLIN 3/7/97 WITHDRAW
97 0034 CRAVEN REGIONAL MEDICAL CENTEF CRAVEN 12119/97 WITHDRAW
97 0124 NC DOT WARDS CREEK BRIDGE CARTERET Withdrawn
97 0127 CITY OF WINSTON-SALEM - BRUSHY FORK FORSYTH 2/24/97 WITHDRAW
97 0130 SANTA'S LAND, DANNY LYON: JACKSON 4/8/97 WITHDRAW
97 0142 WINDSOR AUTRY CO: WINDSON FOREST HENDERSON 12110/97 WITHDRAW
97 0178 QUEENS CREEK PROJECT NANTA. POWER& MACON 12/19/97 WITHDRAW
97 0201 TOWN OF CAROLINA BEACH NEW HANOVER 12/19/97 WITHDRAW
97 0219 RUDOLPH COLLINS DARE 12/19/97 WITHDRAW
97 0325 ERROL B. QUINN DUPLIN 6!1-7/97 WIT+DRAW
97 0366 MARTIN COLSON(LOT 66)1P. POOLE (LOT 67) WAKE 12119/97 WITHDRAW
97 0372 TOMMY SOFIELD/STEEL MASTER WATAUGA 5/22/97 WITHDRAW
97 0377 ELLINGTON PARK SID MECKLENBURG 8115/97 WITHDRAW
97 0447 ERNEST M. PHILLIPS BLADEN 12119/97 WITHDRAW
97 0499 HOLIDAY INN EXPRESS - KINGS MOUNTAIN CLEVELAND 9/18/97 WITHDRAW
97 0541 RACCOON HOLLOW SD CABARRUS 6)27/97 WITHDRAW
97 0562 STEPHENSON-MCLEAN FARMS NORTHAMPTON 8/3/97 WITHDRAW
97 0565 HENRY MOORE BEAUFORT 8/30/97 WITHDRAW
97 0581 STUART MOORE BEAUFORT 8/30197 WITHDRAW
97 0600 TRIPP SLOAN/COLONY INN BRUNSWICK 12119/97 WITHDRAW
97 0652 CITY OF CHARLOTTE - TREMONT AVE MECKLENBURG 10/24197 WITHDRAW
97 0739 RUBY METON CALDWELL 12110/97 WITHDRAW
_97 0760 EDGAR SPARKS RICHMOND 11/1/97 WITHDRAW
97 0814 STEVE ADAMS HARNETT 12/19/97 WITHDRAW
97 0880 NCDOT US311 BYPASS - R-609 EB/FA GUILFORD 12119/97 WITHDRAW
97 0922 PINE TREE OBGYN CRAVEN 12/3/97 WITHDRAW
97 0961 PINEDALE CHRISTIAN CHURCH FORSYTH 1213/97 WITHDRAW
97 0766 SAILOR'S SNUG HARBOR CARTERET 12/19/97 WITHDRAW
97 0182 JOHN & JEAN FLETCHER HYDE 12/19/97 WITHDRAW
97 0609 CMUD - GUM BRANCH MECKLENBURG 12/5/97 WITHDRAW
97 0558 BBB HIGH SCHOOL SEWER WAKE 12/19/97 WITHDRAW
96 1056 Keith Bland Duplin 12119/97 WITHDRAW
?
Z: 7-- vc?
.
2? 3
vI
From: John Dorney Bohn @dem.ehnr.state.nc.us]
Sent: Wednesday, January 28, 1998 4:54 PM
To: 'JILL HICKEY'
Cc: 'john @dem.ehnr.state.nc.us'
Subject: RE: Godfrey Lumber 401 case - prehearing statement
401 issued on 11 October 1997.
the facility is located on the southeast side of US 311 about 4080 feet from the intersection of US 311 and NC 772.
1) The Certification was issued after the fact - impacts were very close to the minimum thresholds for fill below which they
would not need to apply to DWQ.
2) ailed to hold public hearing - ask Preston!
3) Failed to investigate the compliance record of Godfrey - did not know that we are supposed to do this. Are we?
4) Failed to investigate the cumulative impacts of chip mills - see response # 1 above.
Sorry for the tardy response but i've been busy (duh!).
-----Original Message-----
From: JILL HICKEY [SMTP:[e-mail]]
Sent: Wednesday, January 28, 1998 9:50 AM
To: [e-mail]
Subject: Godfrey Lumber 401 case - prehearing statement
I need your input on the prehearing statement just ASAP because after I
get it, I need to get up with Preston to see what he would like to
add/explain, lack of public hearing, etc.
-4
STATE OF NORTH CAROLINA
COUNTY OF STOKES
HICKORY ALLIANCE, )
Petitioner, )
V. )
NORTH CAROLINA DEPARTMENT )
OF ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF )
WATER QUALITY, )
Respondent, )
and )
Godfrey Lumber Company, )
Incorporated, )
Respondent-Intervenor. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 EHR 1607
RESPONDENT'S RESPONSE TO
RESPONDENT-INTERVENOR'S FIRST
SET OF INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT
Pursuant to N.C.G.S. § 150B-28(a), 26 N.C.A.C. 3.0112(b), and Rules 26, 33 and 34 of
the North Carolina Rules of Civil Procedure, Respondent hereby responds to Godfrey Lumber
Company, Inc. to the requests for production of documents and interrogatories set forth below:
INTERROGATORIES
1. List all documents consulted, referenced, reviewed or relied upon in arriving at
the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification to
Godfrey.
ANSWER: 04' 0 0
2. List all decisions by any administrative law judge and/or DENR denying an
application for Approval of 401 Water Quality Certification.
ANSWER: -
40
U
3. List all decisions by any administrativ law judge and/or DENR granting after-the
fact Approval for 401 Water Quality Certification.
ANSWER:
1"
h - +?, - &. 4-?-
o?-erg" t
Vw c,Urm-,-
/?a*
2
4. List all deci ions by any administrative la JJdge and/or DENR denying after-
the-fact Approval for 401 Water Quality Certification.
ANSWER:
%
0
61_1_? b-" ? q- rL_?? SIL
5. List the reasons that DENR did not hold a public hearing for the October 11, 1997
Approval of 401 Water Quality Certification.
ANSWER:
3

9
fl
l
6. List all decisions by any administrative law judge and/or DENR granting a
request for a public hearing for an Approval of 401 Water Quality Certification.
ANSWER: ?+M? ?
/0 Gza k
b 0(
7. List all decisions by any administrative law judge and/or DENR denying a request
for a public hearing for a 401 Water Quality Certification.
ANSWER:

4
8. List all documents which reference or otherwise pertain to policies, strategy,
guidance or interpretation relating to the enforcement and effect of the rules codified as
15A N.C.A.C. 2H.0501 through 2H.0507 which were generated, created, received, or otherwise
maintaine by DENR on or after October 1, 1996.
ANSWER: ` ?-c?e ?C ci,., ?-L p,?.?%>r,•v?{? l?-?'Y''c-?"v'-?
j
9. State the names and addresses of each and every person y u may `' 1 as a witness,
giving a brief summary of the testimony expected from each.
ANSWER:
(2u, CinVi I(.?
NAAn r 51- Vt9(
2,c1 c (v` L A-V , S r 0)
5
10. Identify each person you may call as an expert at the hearing of this matter, and as
--------------
to each expert provide the information required by Rule 26(b) of the North Carolina Rules of'
Civil Procedure.
ANSWER:

11. A. Preston Howard, Jr., John Dorney and Ron Linville were identified as
witnesses in DENR's Prehearing Statement. Explain in detail each one's specific involvement in
the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification.
ANSWER: ) 0 . ?.
6
REQUEST FOR PRODUCTION OF DOCUMENTS
Produce all documents identified in response to the Interrogatories above.
RESPONSE: ; . , , :U A .
2. Produce all documents consulted, referenced, reviewed, or relied upon in arriving
at the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification to
Godfrey.
RESPONSE:
7
3. Produce all documents generated by DENR in DENR's files pertaining to this
matter, including, but not limited to the documents regarding any and all visits to the Site and
any and all documents containing data regarding the Site.
RESPONSE:
4. Produce all documents which reference or otherwise pertain to proposed
amendments to, or the repeal of, the rules codified as 15A N.C.A.C. 2H.0501 through 2H.0507,
which are now under consideration by DENR or other state agency. For purposes of this request,
the term "proposed amendments" includes any consideration given by DENR or other state
agency (including any employees) to amend or repeal the rules at 15A N.C.A.C. 2H.0501
through 2H.0507.
RESPONSE:
8
5. Produce all documents which reference or otherwise pertain to policies, strategy,
guidance or interpretation relating to the enforcement and effect of the rules codified as 15A
N.C.A.C. 2H.0501 through 2H.0507 which were generated, created, received, or otherwise
maintained by DENR on or after October 1, 1996.
RESPONSE: Dito
9
14.. .I
sae FEB27
STATE OF NORTH CAILQ ;- FR '? aTYSECTION i IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF STOKES NO. 97-EHR-17.?, ,
r' 0_j
FEB 2 4
HICKORY ALLIANCE,
Petitioner,
N.C. ATTORNEY GENERAL
Er+vironmenta{ Division
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND
NATURAL RESOURCES,
Respondent,
RESPONDENT-INTERVENOR'S FIRST
SET OF INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT
and )
GODFREY LUMBER COMPANY, )
INCORPORATED, )
Respondent-Intervenor. )
Pursuant to N.C.G.S. § 150B-28(a), 26 N.C.A.C. 3.0112(b), and Rules 26, 33 and 34 of
the North Carolina Rules of Civil Procedure, Godfrey Lumber Company, Inc. ("Godfrey"), hereby
requests that respondent, North Carolina Department of Environment and Natural Resources
("DENR"), respond in accordance with 26 N.C.A.C. 3.0112(f) to the requests for production of
documents and interrogatories set forth below:
DEFINITIONS
1. "Document" is used in the broad sense and includes, but is not limited to, all
originals, non-identical copies and drafts of the following items, either printed, recorded, or
reproduced by any other mechanical process or stored electronically, or written or produced by
hand: correspondence, memoranda, records, summaries of personal conversations, interviews,
minutes or records of meetings or conferences, opinions or reports of consultants, projections,
statistical statements, drafts, contracts, agreements, purchase orders, confirmations, telegrams,
telexes, books, notes, reports, logs, diaries, personal memoirs, tape recording, transcripts of tape
recordings, charts, photographs, photographic prints and slides, canceled checks, invoices, bills,
notebooks, drawings, plans, interoffice communications, telephone message records, time slips or
any other form of writings or records of any kind.
2. If any information requested in any of the following requests for production of
documents is withheld on the basis of a claim of privilege or attorney work product, the claimed
basis for withholding the information and the nature of the information withheld shall be set forth,
together with a statement of all the circumstances relied upon to support such claim.
"Site" refers to the Godfrey Lumber Company, Incorporated chip mill in Pine Hall,
North Carolina, and as further described in the Pre-Construction Notification Application
submitted by Godfrey to DENR on September 5, 1997.
4. "Hickory Alliance" refers to petitioner Hickory Alliance.
2
INTERROGATORIES
List all documents consulted, referenced, reviewed or relied upon in
arriving at the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification
to Godfrey.
ANSWER:
2. List all decisions by any administrative law judge and/or DENR denying an
application for Approval of 401 Water Quality Certification.
ANSWER:
3
3. List all decisions by any administrative law judge and/or DENR granting
after-the fact Approval for 401 Water Quality Certification.
ANSWER:
4. List all decisions by any administrative law judge and/or DENR denying
after-the-fact Approval for 401 Water Quality Certification.
ANSWER:
4
List the reasons that DENR did not hold a public hearing for the October
11, 1997 Approval of 401 Water Quality Certification.
ANSWER:
6. List all decisions by any administrative law judge and/or DENR granting a
request for a public hearing for an Approval of 401 Water Quality Certification.
ANSWER:
5
7. List all decisions by any administrative law judge and/or DENR denying a
request for a public hearing for a 401 Water Quality Certification.
ANSWER:
8. List all documents which reference or otherwise pertain to policies,
strategy, guidance or interpretation relating to the enforcement and effect of the rules codified as
15A N.C.A.C. 2H.0501 through 2H.0507 which were generated, created, received, or otherwise
maintained by DENR on or after October 1, 1996.
ANSWER:
6
9. State the names and addresses of each and every person you may call as a
witness, giving a brief summary of the testimony expected from each.
ANSWER:
10. Identify each person you may call as an expert at the hearing of this matter,
and as to each expert provide the information required by Rule 26(b) of the North Carolina Rules
of Civil Procedure.
ANSWER:
7
11. A. Preston Howard, Jr., John Dorney and Ron Linville were identified as
witnesses in DENR's Prehearing Statement. Explain in detail each one's specific involvement in
the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification.
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
Produce all documents identified in response to the Interrogatories above.
RESPONSE:
8
2. Produce all documents consulted, referenced, reviewed, or relied upon in arriving
at the decision to issue the October 11, 1997 Approval of 401 Water Quality Certification to
Godfrey.
RESPONSE:
3. Produce all documents generated by DENR in DENR's files pertaining to this
matter, including but not limited to, the documents regarding any and all visits to the Site and any
and all documents containing data regarding the Site.
RESPONSE:
9
4. Produce all documents which reference or otherwise pertain to proposed
amendments to, or the repeal of, the rules codified as 15A N.C.A.C. 2H.0501 through 2H.0507,
which are now under consideration by DENR or other state agency. For purposes of this request,
the term "proposed amendments" includes any consideration given by DENR or other state
agency (including any employees) to amend or repeal the rules at 15A N.C.A.C. 2H.0501 through
2H.0507.
RESPONSE:
5. Produce all documents which reference or otherwise pertain to policies, strategy,
guidance or interpretation relating to the enforcement and effect of the rules codified as 15A
N.C.A.C. 2H.0501 through 2H.0507 which were generated, created, received, or otherwise
maintained by DENR on or after October 1, 1996.
RESPONSE:
10
iol11?Q?
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Memorandum -
JAMES B. HUNT JR.
GOVERNOR
BILL' HOLMAN -
SECRETARY
To
Tommy Stevens
Don Reuter
Larry Coble
Bradley Bennett
Steve Mauney
Bill Funk
46in Dorney
Ernie Seneca
Donna Pittman
From: Daniel F. McL4A
General CounsW
Re: Godfrey Discove
Date: February 3, 2000
Attached is a memorandum from David Blackwell and Jill Hickey, the
attorneys representing DENR in the civil damages lawsuit brought by Mr. Godfrey.
The memorandum explains the reasons that you are requested to again search your
files for documents relevant to the Godfrey permit matter. You were selected for
receipt of this memorandum because you earlier produced documents from your files
or files that you oversee.
The second attachment is a list of the documents previously produced by us in
discovery. There is no need to produce the same documents again.
Bill Funk will again coordinate our production process. Please contact Bill by
February 18`x' if you have additional documents or know of anyone who may have
additional documents for production in the case. Bill will provide the documents to
our attorneys for their decision about whether they should be produced. Bill's phone
number is 733-6886 and his email address is ?Villiam.Funk,cr ncmail.net.
Attachments (2)
CC: Special Deputy Attorney General David Blackwell
Assistant Attorney General Jill Hickey
E?
1601 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1601
PHONE [phone] FAX 919-71S-3060 WWW.ENR.STATE.NC.Us/ENR/
AN EOUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

Page 2
in time for Tommy Stevens' deposition. In anticipation of the discovery requests, we would ask
that department personnel promptly conduct an additional review of their files for any documents
related in any way to the Godfrey matter. This search should include the remaining files generated
by former DENR personnel employed in November, 1997, including Henry Lancaster, Linda
Rimer, Dan Whittle, Richard Whisnant and Wayne McDevitt. Additionally, we expect the plaintiff
will be interested in any material concerning the validity of the 04 permit since we have raised that
as a defense in this civil action.
We will hand deliver the additional discovery requests to you as soon as we receive them.
We,,Hill also provide you with a list of,previously produced documents so that DENR and DWQ
staff may easily determine whether they in fact previously produced a particular document.
However, we request that DENR personnel initiate their document search as quickly as possible,
and provide us with the relevant documents no later than 18 February 2000.
Finally, we note that Judge Osmond Smith heard and took under advisement the judicial
revie«• of the EMC's final agency decision in the Godfrey matter. We believe our arguments went
well and anticipate Judge Smith's decision. Judge Smith did rule from the bench that the EMC's
failure to issue its decision within ninety (90) days was not jurisdictional and that Godfrey suffered
no prejudice thereby. Thus, he denied Godfrey's motion to make the ALJ's recommended
decision the final agency decision.
We appreciate your continued cooperation and assistance in this matter. Please contact us
if you have any questions or require any additional information.
00022 11/25/97 WRAL online report titled 1 Don Reuter
"State Officials Rescind Permit,
Promise Greater Scrutiny of Chip
Mills" [1st page only]
00023 1/27 NCDENR news release titled 1 Don Reuter
"DWQ Revokes Stormwater Permit
for Godfrey Chip Mill"
00024 4/14 NCDENR news release titled 1 Don Reuter
"New Stormwater Permit for Timber -
Products Excludes Wood Chip Mills'! - - - -
00025- 1/27 NCDENR news release titled 2 Don Reuter
00026 "DENR Holding Two Public
Meetings on Chip Mills in February"
[2 copies]
00027 5/24/99 WRAL online report titled 1 Don Reuter
"Protesters Block Entrance at Chip
_ Mill"
00028- 5/24199 WRAL online report titled 2 Don Reuter
00029 "Ten Arrested in Rutherford County
Protest"
Page 2 of

00062 1/6/99 Depot News & Record online
article by J. Kritzer titled "Division 1 Don Reuter
of Water Quality Decision on Chip
Mill Permit Could Open a Door to
Public Debate"

00063-
00064 11124/97 Letter to C. Godfrey from
A.P. Howard, Jr. re: Revocation of 2 Don Reuter
Stormwater Permit

00065 EPA's Consolidated Permits 1 Don Reuter
- Program Application Form 1 - - -
General Information (EPA Form
3510-1; revised October 1980)
[cover sheet only]

00066 NCDEHNR Application for Permit
to Discharge Wastewater, Standard 1 Don Reuter
Form C - Manufacturing and
Commercial, Section 1

00067 EPA Application for Permit to 1 Don Reuter
Discharge Stormwater Discharges
Associated with Industrial Activity,
Form 3510-2F (11/90)
[page I only]

00068 [Undated] " Regional Briefs" article 1 Don Reuter
from unidentified newspaper
titled"State Erred in Revoking
Permits for Mill in Stokes, Judge
Rules"

00069 9/9/97 Winston-Salem Journal article 1 Don Reuter
(Editorial Page) titled "N.C. Chip
Mills: Information is First Need"

00070 [Undated] Winston-Salem Journal 1 Don Reuter
retraction titled "We Were Wrong"
(re: headline in Journal implying that
the State could prevent chip mill
from opening)
Page 4 of
00086 [Undated] "Letter to Preston 1 Don Reuter
Howard," concerning issuance of 401
certification to Godfrey Luber [sic]
Mill
[sender unidentified]
00087- 10/11/97 Letter to B.W. Conner from 2 Don Reuter
00088 A.P. Howard, Jr. re: APPROVAL of
401 Quality Certification (with post-
it fax note to Dan Whittle from [?],
undated) -
00089 10/14/97 Letter to H. Ayers f/ A.P. 1 Don Reuter
Howard, Jr. re: 401 Water Quality
Certification
00090- 10/11/97 Letter to B.W. Connor from 2 Don Reuter
00091 A.P. Howard, Jr. re APPROVAL of
401 Water Quality Certification (with
post-it fax note to M. Wagner f/ D.
Reuter, undated)
00092- 2/12/98 JournalNow online article 3 Don Reuter
00094 ("NC News" section) titled "Officials
Wonder How to Pay for Study"
00095- Nov./Dec. 1997 Audubon Magazine 10 Don Reuter
00104 article by J. R. Luoma titled "Dixie: a
New Kind of Forestry Slices Though
the Southland"
(also called "Whittling Dixie")
00105- 2/24/98 online Living on Earth 3 Don Reuter
00107 Transcript titled "Chip Mill Boom in
the Southeast"
(www.loe.orglhtml/transcripts/98021
3.htm1) -
00108- 2/98 List of satellite chip mills in 2 Don Reuter
00109 North Carolina
00110- 11/25/97 Winston-Salem Journal 2 Don Reuter
00111 article by F. Tursi titled "Permit
revoked for Chip Mill"
Page 6 of
0012.8 12/12/98 Depot News & Record 1 Don Reuter
online article by J. Kritzer titled
"Commission Grants Permits for
Godfrey Lumber Chip Mill in Pine
Hall Area"
00129- 12/12198 Charlotte Observer online 2 Don Reuter
00130 article (charlotte.com) titled "N.C.
Restores Chip Mill Permit, But Vows
More Scrutiny of Firm's Plan"
00131- 10/17/97 JournalNow online article -2 - Don Reuter- -
00132 ("North Carolina") by F. Tursi titled
"Residents troubled by Chip-Mill
Permit"
00133- 9/8/97 JournalNow online article 4 Don Reuter
00136 ("Piedmont") by F. Tursi titled "Up a
Tree: Chip Plant's Approval Far
From Certain"
00137- 11/25/97 Winston-Salem Journal 2 Don Reuter
00138 article by F. Tursi titled "Permit
Revoked for Chip Mill: Stokes Site
Plans Blamed"
00139- 1/21/99 Letter to D.H. Moreau f/ 6 Don Reuter
00144 C.L. Godfrey re: harm sustained by
Godfrey Lumber Company due to
"horrible treatment" company
received from State of North
Carolina
00145 4/5/99 N&O online article titled 1 Don Reuter
"Lumber Company Sues Over
Revocation of Permit"
00146 4/5/99 WRAL online report titled 1 Don Reuter
"Lumber Company Sues Over
Revocation of Permit" _
00147 5/25/99 Winston-Salem Journal 1 Don Reuter
article titled "Police Arrest 10 at
Chip-Mill Plant Protest"
Page 8 of
00159- 11/13/97 E-Mail sent to 3 Winston-Salem Reg.
00161 [e-mail] from Office 401 Files
J. Dorney re: "Godfrey chip mill -
Response to your questions,"
transmitting messages between R.
Whisnant and J. Dorney (dated
11/5/97, 11/4/97, 10/31/97)
00162- 11/4/97 & 10/31/99 E-Mails b/t J. 2 Winston-Salem Reg.
00163 Dorney and R. Whisnant re[2]: Office 401' Files
"Godfrey chip mill -Response to your
questions!"
00164 10/31/97 & 10/28/97 E-mails b/t J. 1 Winston-Salem Reg.
Dorney and J.R. Linville re: Office 401 Files
"Godfrey Chip Mill - Stokes County"
00165 10/28/97 E-Mail to J. Thomas, Jr. f/ 1 Winston-Salem Reg.
J. Dorney re: "Godfrey chip mill - Office 401 Files
Stokes County" [questions regarding
401 certification action]
00166 10/28/97 E-Mail to J.R. Linville f/ J. 1 Winston-Salem Reg.
Dorney re: "Godfrey Chip Mill - Office 401 Files
WQ#970725," in response to
message from R. J. Linville to
[e-mail], dated
10/28/97 (original message included)
00167 10/28/97 E-Mail to J. Dorney to 1 Winston-Salem Reg.
himself re: "Godfrey Chip Mill - Office 401 Files
Stokes County"
00168 10/28/97 E-Mails b/t J. Dorney and 1 Winston-Salem Reg.
J.R. Linville re: "Godfrey Chip Mill Office 401 Files
WQ#970725"
00169 10/207 E-Mail to J. Thomas, Jr. f/ 1 Winston-Salem Reg.
J. Dorney re: "Godfrey Chip Mill - Office 401 Files
Stokes County"
00170 10/28/97 E-Mail to S. Tedder from 1 Winston-Salem Reg.
himself re: "Godfrey Chip Mill Office 401 Files
WQ#970725"
Page 10 of
00209 Spring 1998 North Carolina Bulletin, 1 Winston-Salem Reg.
p. 9 [Case no. V97-067: Harris B. Office 401 Files
Gupton, PE No. 5360, Winston-
Salem, NC is marked]
00210 6/1/98 Letter faxed to A.P. Howard, 1 Winston-Salem Reg.
Jr. f/ S. Compton, Counsel for Office 401 Files
Godfrey Lumber Company, advising
DWQ re: Godfrey Lumber's intent to
comply with terms of Stormwater
General Permit NCG040000 -
00211 6/24/98 Letter to M. Binkley f/ A.P. 1 Winston-Salem Reg.
Howard, Jr. re: Godfrey Lumber Office 401 Files
Company
00212 9/19/97 Memo to J. Thomas f/ J.H. 1 Winston-Salem Reg.
Mickey, Jr. re: Review of an Office 401 Files
application by Godfrey Lumber
Company, Inc. to construct an
emergency spill containment
structure along the Dan River, Stokes
County (COE Action ID: 199502477,
DEM ID: 970725)
00213- 4/16/98 Questions composed by B. 2 Winston-Salem Reg.
00214 Connor: handwritten questions in Office 401 Files
outline form, plus typed questions
00215-- 2/28/98 Letter to S. Mauney, J. 2 Winston-Salem Reg.
00216 Hickey, B. Bennett, D. Ramsey f/ J. Office 401 Files
Domey re: Godfrey Chip Mill
*w/attach.: [Undated] Letter to
A.P. Howard f/ M. Binkley,
received 2/23/98 by Wetlands
Group, WQS
00217 [Undated] Letter to A.P. Howard f/ I Winston-Salem Reg.
M. Binkley, received 2/20/98 by Office 401 Files
NCDENR, 're: Godfrey Lumber
Company's construction of
additional settling pond
Page 12 of
00226 11/6/97 Danbury Reporter article by 1 Winston-Salem Reg.
D. Petree titled "Opponents to Chip Office 401 Files
Mill Hope They Can Thwart Its Start
Up"
00227- [Undated] handwritten notes re: 4 Winston-Salem Reg.
y
00230 Godfrey Lumber (front and back of Office 401 Files
page) [author unknown]
*w/attach: Wetland Rating
Worksheet, Fourth Version
(blank), w/ handwritten notes -
on back-
002' 1 8/14/97 Handwritten list of names 1 Winston-Salem Reg.
under heading "Godfrey Lumber" Office 401 Files
[author unknown]
00232 [Undated] Handwritten outline re: 1 Winston-Salem Reg.
stormwater controls [author Office 401 Files
unknown]
00233- [Undated] article titled "Trouble for 4 Winston-Salem Reg.
00236 Timber? Chip Mills Gobble Forests, Office 401 Files
Jobs, Foes Say" [Newspaper
unidentified]
[First sentence at top of p. 3 is
unreadable]
00237 9/29/97 fax cover sheet to R. Linville 1 Winston-Salem Reg.
f/ D.J. Whittle w/ handwritten Office 401 Files
questions re: water quality protection
00238 [Undated] Memo (Questionnaire) to 1 Winston-Salem Reg.
J. Dorney, received 9/15/97 by Office 401 Files
NCDENR, Winston-Salem Regional
Office, re: Wetland Staff Report and
Recommendations [not filled out] -
00239 9/17/97 Wetland Rating Worksheet, 1 Winston-Salem Reg.
fourth version, re: Godfrey #1; Office 401 Files
evaluators: Linville/Fleek/Colwell
00240 [Undated] Wetland Rating 1 Winston-Salem Reg.
Worksheet, fourth version, re: Office 401 Files
Godfrey #2
Page 14 of
00258 9/5/97 Letter to J. Dorney V H.B. 1 Winston-Salem Reg.
Gupton re: Application for 401 Office 401 Files
Certification for Godfrey Lumber
Company Chipmill; received by
NCDENR, Winston-Salem Regional
Office on 9/9/97
00259- 8/28/97 Fax cover sheet to R. 8 Winston-Salem Reg.
00266 Linville f/ H. Ayers Office 401 Files
xw/ attach.: 1) 8/28/97 Letter to
Hon. J.B. Hunt, Jr. f/ H. Ayers re:
request for DENR to make site
visit to Godfrey Chip Mill & take
appropriate enforcement action
concerning violations, and for
public hearing to be held re: future
401 certification request [2 p.];
2) List of Groups that signed on to
letter [1 p.]; 3) List of Citizens who
signed on to letter [4 p.].
00267- 10/14/97 Letters to H. Ayers, M. 5 Winston-Salem Reg.
00271 Diggins, J. Matthews, G. Smith, P. Office 401 Files
Holcomb f/ A.P. Howard, Jr. re: 401
Water Quality Certification
(responding to previous
correspondence concerning after-the-
fact application for fill of wetlands
and waters for Godfrey Chip Mill)
00272- August 1997 List of Chipmills in 3 Winston-Salem Reg.
00274 North Carolina, prepared by G. Office 401 Files
Martin
Xw/ attach.: July 1997 map titled
"Chipmills in North Carolina,"
prepared by G. Martin [8 1/2 x 14]
Page 16 of
00298 12/31/98 E-Mail to B. Bennett f/ C. 1 Bradley Bennett
Sullins, forwarding 12/28/98 e-mail
request from M. Kerley to P. Howard
asking that Godfrey's cer tificate of
coverage be revoked . 1. 1
00299 12/31/98 E-Mail to B. Bennett f/ C. 1 Bradley Bennett
Sullins, forwarding 12%30/98 e-mail
request from W. Hicks to P. Howard
asking hat Godfrey's permit be
revoked -
00300 1/26/99 E-Mail to B. Bennett f/ M. 1 Bradley Bennett
Kerley, requesting notification when
Godfrey Lumber makes permit
application for individual NPDES
permit
00301 2/8/99 E-Mail to P. Howard & C. 1 Bradley Bennett
Sullins f/ B. Bennett re: letter from
Godfrey to P. Jordan asking for
meeting with Commerce Secretary
00302 5/28/99 E-Mail to B. Bennett f/ A. 1 Bradley Bennett
Lau re: Bennett letter concerning
Godfrey Chip Mill in Lau's file
00303- [Undated] Letter to C. Godfrey f/ 3 Bradley Bennett
00305 A.P. Howard, Jr. re: Application for
Individual NPDES Stormwater
Permit [handwritten note: "Draft -
Never Sent" at top of letter]
Xw/ attach.: 1) EPA cover sheet
titled "Application Form 1-
General Information: Consolidated
Permits Program;" 2) Page 1 of
EPA Form
2F titled: "Application for Permit
.to Discharge Stormwater
Discharges Associated with
Industrial Activity"
Page 18 of
00320- 9/16/98 Letter to W.C. Mills f/ R.S. 7 Bradley Bennett'
00326 Compton re: Godfrey Lumber
Company, Inc. Notice of Intent
Requesting Coverage Under General
Permit No. NCG210000 for a
Proposed Sawmill in Stokes County,
NC
*w/ attach. 1) Form N0I21 titled
"National Pollutant Discharge
Elimination System: Notice of
_ Intent...," dated 9/11/98, signed by
C.L. Godfrey [3 p.]; 2) Topo-
graphic Map titled "Belews Lake
Quadrangle North Carolina," with
"Site" outlined; 3) 10/21/98 Letter
to C. Godfrey f/ B. Bennett, '
acknowledging receipt of Notice
of Intent and requesting additional
information [2 p.].
00327- 6/24/98 Letter to M. Binkley f/ A.P. 2 Bradley Bennett
00328 Howard responding to concerns
raised in February letter from
Binkley
*w/ attach. Letter to A.P. Howard
f/ M. Binkley, received 2/23/98
00329 11/13/97 Danbury Reporter article 1 Bradley Bennett
titled "`Hickory Alliance' Continues
to Wage Battle Against Chip Mill"
00330 11/6/97 Danbury Reporter article by 1 Bradley Bennett
D. Petree titled "Opponents to Chip
Mill Hope They Can Thwart Its Start
Up"
00331 11/10/97 Winston-Salem Journal op- 1 Bradley Bennett
ed. article by M. Binkley titled:
"Don't Let Forests Fall Victim To _
Industry's Greed"
00332- 10/17/97 Journal Now online article 2 Bradley Bennett
00333 by F. Tursi titled "Residents
Troubled by Chip-Mill Permit"
Page 20 of
00360 12/16/97 North Carolina Legislative 1 Bradley Bennett
Inquiry Report (DENR) recording:
telephone inquiry from Rep. B. Hiatt
- Surry Co. to B. Bennett regarding
Godfrey Lumber - Chip Mill issues;
action taken concerning inquiry
00361 12/6/99 Letter to W.McDevitt f/ 1 Bradley Bennett
R.Haberkern (Hickory Alliance) re:
Appeal of Godfrey Lumber 401
- Certifications
00362 5/4/98 Letter to M. Shuping 1 Bradley Bennett
(Legislative Research) f/ H.M.
Lancaster, II in response to question
re: need for secondary and
cumulative impact analysis of wood
chip production facilities as part of
the individual permit process
00363- 12/31/98 Letter to M. Kerley 22 Bradley Bennett
00384 (Hickory Alliance) f/ F.W. Crawley
transmitting the Final Agency
Decisions of the EMC and NPDES
CEMC, and advising Hickory
Alliance of its right to seek judicial
review
Xw attach.: 1) 12/31/98 Letter to
C. Godfrey f/ F.W. Crawley
transmitting Final Agency
Decisions of the EMC and
NPDESCEMC, and advising
Godfrey of its right to seek
judicial review [1 p.]; 2) Final
Agency Decision before the EMC
(97 EHR -1607), dated 12/29/98 [9
p.]; 3) Final Agency Decision
before the CEMC (97 EHR
1676), dated 12/18/98 [11 p.].
Page 22 of
00395- 7/5/95 Computer generated report 7 Bradley Bennett
00401 titled "NPDES Facility and Permit
Data"
xw attach.: 1) 7/14/95 Letter to C.
Godfrey f/ A.P. Howard forward-
ing NPDES general permit [1 p.];
2) Copy of General Permit No.
NCG040000, Certificate of
Coverage No. NCG040293, dated
7/14/95 and signed by A.P.
_ Howard [1 p.]; 3) Topographic
map (no title), with "Site" outlined
[1 p.]; 4) Form NOI 04 titled
"National Pollutant Discharge
Elimination System: Notice of
Intent...," dated 4/4/95 & signed
by C.L. Godfrey [with "Date
Received, 950411" indicated at top
of 1 st page] [2 p.]; 5) Topographic
map (no title, no site outline)
showing Belews Lake area.
00402- 11/9/99 E-Mail re-sent to S. Mauney; 2 Steve Mauney
00403 originally sent to S. Mauney by L.
Coble on 10/28/97, forwarding
10/28/97 e-mails b/t S. Mauney, J.R.
Linville, [e-mail]
re: "Forwarded Godfrey Chip Mill
WQ#970725" (describing
conversation b/t Linville and B.
Connor)
00404- 11/9/99 E-Mail re-sent to S. Mauney, 3 Steve Mauney
00406 as "cc" to 11/6/97 e-mail to P.
Howard from J. Dorsey, forwarding
11/5/97, 11/4/97, and 10/31/97 e-
mails to J. Dorney from P. Howard
and R. Whisnant regarding "Godfrey-
Chip Mill: Response to your
questions",
Page 24 of
00416- 11/9/99 E-Mail from S. Mauney to 2 Steve Mauney
00417 self, forwarding 11/4/97 & 10/31/97
e-mails b/t J.R. Linville, J. Dorney
and R. Whisnant re: "Godfrey Chip
Mill - Response to your questions"
00418- 11/9/99 E-Mail from S. Mauney to 2 Steve Mauney
00419 self, forwarding 8/28/97 e-mail from
J.R. Linville to
[e-mail] re:
404/401 public hearing
00420- 11/9/99 Fax to J. Hickey f/ S. 4 Steve Mauney
00423 Mauney, transmitting handwritten
daily logs for 8/13-8/15, 12/12-12/19,
and 11-21-11/2, 1997
00424- 11/23/99 Fax to J. Hickey from S. 4 Steve Mauney
00427 Mauney, transmitting handwritten
daily logs for 1/7/98 and 4/14-4/17,
1998; note on fax cover sheet refers
to entries for 1/7, 1/14, and 1/16,
1998.
00428- 6/4/97 Letter to N.G. Purvis Farms 2 Purvis Case File
00429 (attn: D. Purvis & M. Purvis) f/ A.P.
Howard re: Notice of Violation 9:97-
001- Notice of Intent to Revoke
Deemed Permit, Riverside Farm, ,
Farm Number 62:003, Montgomery
County
Page 26 of
00445- Memorandum (undated) to P. Bill Funk -
00447 Howard f/ W. McDevitt re: issuance McLawhorn's assistant
of 401 WQC (after-the=fact) for
Godfrey w/o public hearing 3
Xw/attach: 1) copy of post-it notes
2) Ltr. to P. Howard from J.
Dorney re: Public Hearing request
00443 11/7197 E-mail to W. McDevitt, P. Bill Funk -
Howard, L. Rimer, H. Lancaster, R. McLawhorn's assistant
- Whisnant, D. Reuter, S. Evans- 1
Stanton V D. Whittle re: Wood Chip
Epilogue
00449 10/21/97 E-mail to M. Williamson, Bill Funk -
S. Evans-Stanton, L. Rimer, D. 1 McLawhom's assistant
Reuter, R. Rogers, R. Whisnant f/ D.
Whittle re: Woodchip paragraph
00450 10/22/97 E-mail to W. McDevitt, L. Bill Funk -
Rimer, D. Reuter, R. Whisnant, M. 1 McLawhorn's assistant
Shore f/ D. Whittle re: Woodchip -
Issue Clarity
00451- 11/3/97 Memo to W. McDevitt f/ P. 4 Bill Funk -
00454 Howard re: 404/401 Certification, McLawhorn's assistant
public hearing, and DWQ permit for
Godfrey Chip Mill
00455- 11/25/97 Letter to W. McDevitt f/ F. 2 Bill Funk -
00456 Mitchell re: revocation of permit for McLawhom's assistant
construction of Godfrey Chip Mill
00457- 11/24/97 Ltr. to C. Godfrey f/ P. Bill Funk -
00461 Howard re: Revocation of McLawhorn's assistant
Stormwater Permit
*w/attach.: 1) Application Form
1- General Information (Cover) 5
Consolidated Permits Program
2) Standard Form C - Manuf. &-
Commercial 3) Application for
Permit to Discharge Stormwater
Page 2 of
00475- 11/25/97 article from Winston-Salem John Domey
00476 Journal titled "Permit revoked for 2
chip mill"
00477- 11/25/97 WRAL-TV news report John Dorney.
00478 titled "State Officials Rescind 2
Permit, Promise Greater Scrutiny of
Chip Mills"
00479 11/24/97 NCDENR News Release John Dorney
titled "DWQ revokes stormwater 1 _
permit for Godfrey chip mill"
00479 11/24/97 Drafts titled "Stormwater 2 John Dorney
(A)- permit revoked for Godfrey chip
00479 mill" and "DWQ revokes stormwater
(B) permit for Godfrey chip mill"
00480 11/20/97 Danbury Reporter article John Dorney
titled "Chip Mills: Another Point Of 1
View - Why All The Big Fuss" (I IX18)
00481 11/13/97 Danbury Reporter article John Domey
titled "`Hickory Alliance' Continues 1
To Wage Battle Against Chip Mill"
00482. 11/6/97 Danbury Reporter article John Dorney
titled "Opponents To Chip Mill Hope 1
They Can Thwart Its Start Up"
00483 11/10/97 Winston Salem Journal John Dorney
article titled "Don't let forests fall 1
victim to industry's greed"
00484- 11/20/97 E-mails b/t J. Domey and J. John Dorney
00485 R. Linville re: Godfrey Chip Mill and 2
Mischi Binkley
00486- Handwritten phone log 2 John Dorney
00487
00488- Handwritten notes on "Godfrey Chip
00489 Mill Mtg." 2 John Domey
Page 4 of
005 13 10/14/97 Ltr. to G. Smith/NC Sierra John Domey
Club f/ P. Howard re: 401 WQC 1
00514 10/14/97 Ltr. to P. Holcombs/Pied- John Domey
mont Plateau Group V P,.Eoward re: 1
401 WQC
00515 10/14/97 Ltr. to H. Ayers V P. 1 John Domey
Howard re: 401 WQC
00516- 10/11/97 Ltr. to B. W. ConnorNP John Domey
00517 Godfrey Lumber f/ P. Howard re: 2
Approval of 401 Water Quality
Certif. (WQC);
00518- 10/6/97 Memo to J. Domey V B. John Domey
00520 McDonald, WSWP
Wattach: 1) Dan River (Madison) 3
- Roanoke map 2) Water Supply
Watershed Fact Sheet
00521 9/17/97 Winston-Salem Journal's John Domey
Letters To The Editor titled 1
"Chipping away at forests"
00522 Pre-Discharae Notification PCN
y 1 John Domey
(9/15/97)
00523 9/9/97 Winston-Salem Journal article 1 John Domey
titled "Information is first need"
00524 Handwritten messages to "John" 1 John Domey
"Steve" and "Preston"on post-it notes
00525 9/9/97 Memo to P. Howard f/ J. 1 - John Domey
Domey re: Public Hearing request
00526- 9/8/97 Winston-Salem Journal article John Dorney
00527 titled "Up a Tree - Chip plant's 2
approval far from certain"
00528 9/7197 newspaper article titled "Plan- 1 John Domey
sends wrong message"
00529 Newspaper article titled "Town 1 John Domey
prepares for loss of plant"
Page 6 of
00559- 8/29/97 fax cover sheet to Steve John Domey
00567 Tedder(?) f/ J. Domey 9
transmitting: 8/28/97 Ltr. to
Hunt f/ H. Ayers w/ fax
cover sheet, re: Godfrey's 401
WQC
00568 8/28/97 Ltr. to P. Howard V G. John Domey
Smith/NC Sierra Club, J.
Matthews/Foothills Group, P. 1
Holcomb/Piedmont Plateau & M.
Diggins/NC Sierra Club re: request - -
for public hearing (w/ fax post-it note
to M. DrigQins f/ J. Domey
00569- 8/28/97 Memo to P. Howard f/ K. John Domey
00570 Bridle transmitting:
8/27/97 Ltr. to P. Howard f/ 2
Bridle and 21 other citizens of
Stokes County re Godfrey Chip
Mill concerns
00571- 8/20/97 fax cover sheet to J. Domey John Domey
00574 f/ G. Martin re Godfrey chipmill road
crossing and transmitting: 4
4/17/95 Army Corps of Engineers
permit for the Godfrey Lumber
Chip Mill
00575- 9/8/97 Journal Now online article Ernie Seneca
00578 titled "Up a Tree - Chip plant's 4
approval far from certain"
00579- 9/8/97 WRAL Online News article Ernie Seneca
00580 titled "Proposed Wood Chip Plant 2
Stirs Controversy"
00581- 10/11/97 Dr. to B. W. Connor f/ A. Ernie Seneca
00582 B. Foster re: Approval of 401 WQC 2
(w/post-it note attached to Whittle V_
Galamb(?)
00583- 10/14/97 Ltr. to H. Ayers f/ P. 2 Ernie Seneca
00584 Howard re: 401 WQC
Page 8 of
00602- 11/25/97 WRAL Online News article Ernie Seneca
00603 titled "State Officials Rescind 2
Permit, Promise Greater Scrutiny of
Chip Mills"
00604 12/1/97 N&O article titled "McDevitt 1 Ernie Seneca
on course"
00605- Chart titled."Chipmills in North 3 Ernie Seneca
00607 Carolina"
00608 1/9/98 News Release from NCDENR Ernie Seneca
titled "DENR holding two public 1
meetings on chip mills in February"
00609- 1/9/98 Winston-Salem Journal Ernie Seneca
00611 articled titled "Law judged to decide
fate of chip mill - Lumber company 3
fights state's decision to revoke
needed stormwater permit"
00612 1/10/98 Charlotte Observer article Ernie Seneca
titled "Hearings target pollution 1
potential at N.C. chip mills"
00613 1/10/98 Winston-Salem Journal Ernie Seneca
article titled "Chip mills will be 1
subject of meetings"
00614- 1/13/98 Journal Now article titled Ernie Seneca
00616 "Couple know of chip-mill nuisances
- Retirees join hundreds at forum 3
about planned operation in Pine Hall"
00617- 2/11/98 WRAL Online News article Ernie Seneca
00618 titled `'Study on Chip Mills Could 2
Take Two Years, Official Says"
00619- 2/11/98 Journal Now article titled Ernie Seneca
00621 "Chip-mill opponents seek
moratorium - Both sides in debate 3
agree that state study should be
finished"
Page 10 of
00653- Respondent's Brief (Stormwater Ernie Seneca
00666 Permit) in Godfrey case, 97 EHR 14
1676
00667- 12/12/98 Charlotte Observer article Ernie Seneca
00668 titled "N.C. restores chip mill permit, 2
but vows more scrutiny of firm's
plan"
00669 12/14/98 Journal Now article titled Ernie Seneca
"Stokes chip mill is still subject to 1
ruling on permits, state says" _
00670- 12/12/98 News & Record online Ernie Seneca
00671 article titled "Commission grants 2
permits for Godfrey Lumber chip
mill in Pine Hall area"
00672- Winter 1998 Journal of the North Ernie Seneca
00676 Carolina Wildlife Federation article
titled "Chip Mills in North Carolina - 5
For Wildlife, is this Booming
Business the Unkindest Cut?"
00677- Newspaper article titled "Chipping Ernie Seneca
00679 away at N.C.'s forests - Rapid 3
growth of chip mills adds urgency to
debate about future of logging"
00680 1/4/99 fax cover sheet to E. Seneca to Ernie Seneca
K. Cooper transmitting the 1
following 4 documents:
00681 12/31/98 Ltr. to M.. Kerley f/ F. W. 1 Ernie Seneca
Crawley re: Final Agency Decision
00682 12/31/98 Ltr. to C. Godfrey f/ F. W. 1 Ernie Seneca
Crawley re: Final Agency Decision
00683- Final Agency Decision [EMC] dated Ernie Seneca
00691 12/29/98 in Godfrey case, 97 EHR 9
1676
00692- Final Agency Decision [NPDES] Ernie Seneca
00702 dated 12/18/98 in Godfrey case, 97 11
EHR 1676
Page 12 of
00747- 3/10/98 Ltr. to T. Mabe f/ P. Howard Donna Pitman [Preston
00755 re: his concerns re: chip mill & Tommy's Secretary]
-,v/attach:
1) Handwritten ltr. to P. Howard 9
f/ T. Mabe; 2) 11/25/97
Newspaper article titled
"Permit revoked for chip mill -
Stokes site plans blamed"
[duplicate copy of each
attached]
00756 North Carolina Legislative Inquiry Donna Pitman [Preston -
Report dated 12/16/97 rec'd by * 1 & Tommy's Secretary]
Bradley Bennett on 12/17/97 re:
Godfrey Lumber Chip Mill issues
00757 12197 Int'l Woodfiber Report titled Donna Pitman [Preston
"NC Chip Mill Permit Revoked" (,vv/ & Tommy's Secretary]
handwritten note from M. Binkley, 1
"How about setting them straight on
the facts!"
00758- 2/24/99 Ltr. to C. Godfrey F D. Donna Pitman [Preston
00759 Moreau re: Godfrey Lumber 2 & Tommy's Secretary]
Company Contested Cases
00760- 1/27/99 Ltr. to D. Moreau f/ F. Donna Pitman [Preston
00771 Clark/Village Green Related 12 & Tommy's Secretary]
Companies, LLC re: 1/21/99
grievance ltr. f/ P. Howard
(copy attached)
00772- 2/4/99 Ltr. to P. Howard f/ R. S. Donna Pitman [Preston
00776 Compton transmitting original 5 & Tommy's Secretary]
signature pages for affidavits
attached to Godfrey's 2/2/99 Itr.
00777 1/12/99 Ltr. to P. Howard f/ R. S. 1 Donna Pitman [Preston
Compton transmitting next 2 entries & Tommy's Secretary]
00778 1/12/99 Affidavit of Chester Godfrey 1 Donna Pitman [Preston
declaring no wood wetting & Tommy's Secretary]
00779 12/17/98 Ltr. to P. Howard F R. S. 1 Donna Pitman [Preston
Compton re: no wood wetting & Tommy's Secretary]
Page 14 of
00823- 6/1/98 fax cover sheet to A. Howard Donna Pitman [Preston
00824 f/ R. S. Compton transmitting: & Tommy's Secretary]
6/1/98 Ltr. to P. Howard f/ R. S. 2
Compton re: wood wetting (copy to
D. McLawhorn & B. Holman)
00825- 4/23/98 Ltr. to S. Compton F J. Donna Pitman [Preston
00827 Hickey re: unauthorized inquiries to 3 & Tommy's Secretary]
DWQ employees
00828- 12/17/97 Ltr. to P. Howard F W. S. Donna Pitman [Preston
00829 Hiatt re: issuance of permit to 2 & Tommy's Secretary]
Godfrey
w/ attach: 11/22/97 e-mail to B.
Hiatt f/ M. Kerley of Pine Hall
00830 12/6/97 Ltr: to W. McDevitt F R. Donna Pitman [Preston
Haberkern/Hickory Alliance re: 1 & Tommy's Secretary]
appeal of Godfrey Lumber 401
certificates
00831 9/5/97 Ltr. to J. Domey f/ H. B. Donna Pitman [Preston
Gupton re: application for 401 1 & Tommy's Secretary]
certification for Godfrey Lumber
00832- 11/24/97 Ltr. to C. Godfrey F P. Donna Pitman [Preston
00833 Howard re: revocation of stormwater 2 & Tommy's Secretary]
permit
00834 1/14/97 fax cover sheet to S. Tedder Donna Pitman [Preston
f/ J. Domey re: Godfrey chip mill 1 & Tommy's Secretary]
info on site visit transmitting the
nest 14 entries:
00835 11/14/97 e-mail to J. Domey f/ J. R. Donna Pitman [Preston
Linville re: Godfrey Chip Mill site 1 & Tommy's Secretary]
visit
00836 10/28/97 E-mail to J. Domey V J. R. Donna Pitman [Preston
Linville re: Godfrey Chip Mill - 1 & Tommy's Secretary]
Stokes County
00837 10/28/97 E-mail to steve@ Donna Pitman [Preston
dem.ehnr.state.nc.us from J. R. 1 & Tommy's Secretary]
Linville re: Godfrey Chipmill
WQ#970725
Page 16 of
00869- 10/17/97 Journal Now article titled Donna Pitman [Preston
00870 "Residents troubled by chip-mill 2 & Tommy's Secretary]
permit"
00871 10/24/97 memo to Harlari f/ Ernie re: Donna Pitman [Preston
summary of conversation w/ 1 & Tommy's Secretary]
McDevitt re: Chip mill
00872- 11/3/97 Memo to W. McDevitt f/ P. Donna Pitman [Preston
00875 Howard re: Godfrey Chip Mill - 4 & Tommy's Secretary]
Stokes County
00876- 11/11/97 Ltr. to B. W. Connor f/ P. 2 Donna Pitman [Preston
00877 Howard re: Approval of 401 WQC & Tommy's Secretary]
00878 10/14/97 Ltr. to H. Ayers f/ P. 1 Donna Pitman [Preston
Howard re: 401 WQC & Tommy's Secretary]
00879 10/14/97 Ltr. to M. Diggins f/ P. 1 Donna Pitman [Preston
Howard re: 401 WQC & Tommy's Secretary]
00880 10/14/97 Ltr. to J. Matthews f/ P. I Donna Pitman [Preston
Howard re: 401 WQC & Tommy's Secretary]
00881 10/14/97 Ltr. to G. Smith/NC Sierra 1 Donna Pitman [Preston
Club f/ P. Howard re: 401 WQC & Tommy's Secretary]
00882 10/14/97 Ltr. to P. Holcomb/Pied- Donna Pitman [Preston
mont Plateau Group f/ P. Howard re: 1 & Tommy's Secretary]
401 WQC
00883 Post-it notes b/t "Steve", "John" and Donna Pitman [Preston
"Preston" 1 & Tommy's Secretary]
00884- 8/28/97 Ltr. to J. B. Hunt f/ H. Ayers 7 Donna Pitman [Preston
00890 re: Godfrey's 401 WQC & Tommy's Secretary]
00891- 8/28/97 E-mail to "stev,ern.- Donna Pitman [Preston
00892 dem.ehn;r. state.nc.us" f/ J. R. 2 & Tommy's Secretary]
Linville re: conv.'s w/ M.. Binkley &
H. Ayers re Godfrey Chip Mill
00893 8/28/97 Ltr. to P. Howard f/ G. Donna Pitman [Preston
Smith/NC Sierra Club, J. & Tommy's Secretary]
Matthews/Foothills Group, P. 1
Holcomb/Piedmont Plateau Group,
M. Diggins/NC Sierra Club
Page 18 of
00916- 11/24/97 Ltr. to C. Godfrey f/ P. Winston-Salem
00917 Howard re: revocation of stormwater 2 Regional Office
permit [NPDES files]
00918- 7/14/95 Ltr. to C. Godfrey F P. Winston-Salem
00920 Howard re: General Permit No. Regional Office
NCG040000 ; [NPDES files]
w/attach.: General Permit No.
NCG04000 Certificate of
Coverage No. NCG040293
00921- 6/16/95 Ltr. to C. Godfrey f/ P. Winston-Salem -
00922 Howard re: General Permit No. Regional Office
NCG010000 2 [NPDES files]
w/attach.: General Permit No.
NCGO10000 Certificate of
Coverage No. NCGO11722
00923- 10/21/98 Ltr. to C. Godfrey V B. Winston-Salem
00924 Bennett re: Notice of Intent for Regional Office
Stormwater NPDES Permit - Pro- 2 [NPDES files]
posed Sawmill Operation - Stokes
County
00925 9/16/98 Ltr. to W. C. Mills f/ R. S. Winston-Salem
Compton re: Notice of Intent Regional Office
Requesting Coverage under General 1 [NPDES files]
Permit No. NCG210000 for a
Proposed Sawmill in Stokes County,
NC (transmitting next 2 entries)
00926 9/11/98 Godfrey Lumber Company, Winston-Salem
Inc. check in the amount of $400.00 Regional Office
[signed b Chester L. Godfrey] made 1 [NPDES files]
payable to NC Dept. of Environment
& Natural Resources
00927- National Pollutant Discharge Winston-Salem
00930 Elimination System Notice of Intent 4 Regional Office
Requesting Coverage Under General- [NPDES files]
Permit No. NCG210000
Page 20 of
00944 Chip Mill Fact Sheet Winston-Salem
[H. Ayers and L. Faltraco listed as 1 Regional Office
contacts] [NPDES files]
00945- National Pollutant Discharge Winston-Salem
00947 Elimination System Notice of Intent 3 Regional Office
Requesting. Coverage Under General [NPDES files]
Permit No. NCG040000
00948- Sediment Pond and Dam Winston-Salem
00956 Calculations - Godfrey Lumber 9 Regional Office
Company - March 1995 by: Tonya [NPDES files]
Maroschak
00957- Godfrey Lumber Company Reservoir 2 Winston-Salem
00958 Statistics Presediment Pond (2 Regional Office
copies) [NPDES files]
00959 NC DEHNR 4/6/95 Cash Receipts 1 Winston-Salem
Journal Regional Office
[NPDES files]
00960 Photocopies of checks: Winston-Salem
1) Wiseman Oil Company, Inc. Regional Office
check for $400.00 payable to [NPDES files]
N.C. DEHNR s/Alton Umstead
(?); 2) Godfrey Lumber
Company, Inc. check for $400.00
payable to N.C. Div. of Envi-
ronmental Mgn. s/Witman(?) S. 1
Godfrey;
3) Appalachian State Univ. check
for $18.00 payable to NC Dept of
EHNR;
4) H. Darren Brock & Kimberly
M. Brock check for $70.00
payable to DEHNR s/ H. Darren
Brock
Page 22 of
4 ? It
00994- 1998 North Carolina Individual Preston Howard
00997 Income Tax Return n 'Form D-400 for 4
Arnold P. Howard Jr and Joyce A.
Howard
00998 Deed of Trust to 120 Teasel Drive, Preston Howard
Clayton Johnston Crity.)-dated 1
5/7/99:
00999 Advisor.Connect Account List by Preston Howard
Product for Arnold P. Howard, Jr. 1
dated 10/26/99
01000 State Employees' Credit Union Preston Howard
"Summary of Accounts" statement 1
for A. Preston Howard, Jr. and Joyce
A. Howard dated 10/6/99
01001 Photocopy of account statements: Preston Howard
1) MBNA America Gold Card
account statement for A:
Preston Howard, Jr."for 11/99; 1
2)Wells Fargo account statement
forA hold P. Howard, Jr. for
11/99; 3) Sears Card statement for
Arnold P. Howard, Jr. for 11/99
01002 North Carolina Retail Installment Preston Howard
Contract - Consumer Credit Sale 1 '
(for purchase of car from Carrhax)
01003- Itemizations numbered 13 and 14 Preston Howard
01004 listing: Real Property; Personal 2
Property; Leased Property; mortgage
info.; Assets; Liabilities
01005- Environmental Review Commission 19
01023 Minutes - 11/24/97
01024- General Star National Company
01044 Insurance Policy for "Public Officers
and Employees Liability Insurance 21
Commission and All persons under
the Defense of State Employees Act
for policy period 1/1/97 to 1/1/98
Page 24 of

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MICHAEL P. EASLEY
ATTOAN Y OF-NERAL
Fax:[phone]
vl\ ; I`? /?f
_ J
May 13 '98 12:43 P.01
State of North Carolina
De-panmem of justicab
t'. O. 80x en 9
RALF-IGH
Fbon.e:
Fax:
TELEf?1?i?T-?iS? SITEET,
To!
FAX 'N-UT'vfRRR:
FROM:
DATI':

(9'19), 7is-6e0c
[phone]
NU: 3ER OF PAGES (DiCLLWNG TRANSMITTAL SHEET):
COINIMY1 RECEIPT,. D0CUN ENr(S) TF ?URKEI) Mfu,: _-

rill ?qu?l Up;50r???r k , / Affm1nirive,?Crinn Prrp[, ,
WHTEF & LAr-ID SFi--TION Fax:

STATE OF NORTH CAROLINA
COT,NTY OF STOKES
hla_a 13 198 1 43 P.0
FN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 E1 4R 1616
97 EHR 1607
GODFREY LUMBER COMPANY, )
Petitioner, )
v. )
NORTH C.AR(=)LiNA L) -,,PART?vIENT OF }
EN-VIRONMENT AND NATi_'RAL RESOURCES,)
DiVTSICIN OF WATER. QLiALITY, )
Respondent, )
and )
HICKORY ALLTAN'CE, )
Intervenor-Respondent. )
AFFIDAVIT OF
JOHN ROBERT DORNEY
1. John Robert Dorney, being dilly sworn, depose and state hat:
I . I am an Ei-iviroiunental Biological Supervisor II with the Division of Water
Quality ("DW'Q"), azzd I sixh in charge of the State's 401 water qua ity certification program. I
have held this position for the last seven years. I have heed ettlpioved 1~y O??'Q an;? its
predecessor the Division ofEnvironme7tal Management for the past thirtatni years. I offer this
A I`i. -vit in suppoil of Respondent's Response to Petitioner's Motion for Summary''udgment and
Re;,vndent's Response- to Intervenor-R !?spondent"s \Motion for Summary Judgment in the above
referenced cases.
2. The federal Clean Wat;:r Act authorizes an affected State to review all fcdcrally
issuted peiihhit.s for activities that take place in that State, to deterriiine wlielther the proposed
activity complies with State Nvate.r quali'-S, law, Thug, permits to fill wetlands or strearn'+ 1SSL3?d

WATER 9 I AIlD SFCTI0hd Fax : [phone]
1)
May iS 'q-8 12:44 P. 03
by the. !'S Array Corps of Engineers Lauder section 404 of the Cleat? Water Act require a State
%e3.iil cation issued pursuant to section 401 of the Clean Water Act.
3. On August 20, 1997 a concerned citizen telephc)ned nee and asked nee "Olether
Godfrey Lumber Company, hic. ("Godfrey") had obtained a 401 certification frorn he Statc for
activit'eS at its pry}pOned chip mill site in Stokes County. She told me she had a copy of a Corps
of Engineers section 404 pen-nit issiied to Godfrey on April 17, 1995 for the filling of wetlands to
construct a road crossing, I checked o'ir files and determined that we had not received a. 401
certification application from Godfrey, and T asked her to fax the section 404 permit to my office.
'v,Uch she did. A copy of her fax is attached as Exhibit A to this Affidavit.
4. 1-, zTote Godfrey a letter Sated August 28, 1997 informing Godfrey of the need to
apply for a 401 cer'tiilcatlon cmd 1 enclosed a 401 appli.catiorl- A copy cif ny l4tter to Godfrey is
atiachcd as Fxhibit A to this Affidavit.
51 On Septeinber 5, 1997, Godfrey sr:bmitted its application for a 401 wertification
seeking approval to iinpact wc tlan.ds in order to construct a spill containment pond and also
asked for the requircd approval for its read crossing that it completed in 1495: A neap was
enclosed with the 401 application. A copy of Godf7'ey's 4011 application and map is attached as
Exhibit C to this Affidavit.
6. (point out the particular places in the application that lead you to conclude
that no spray activity will take placo on sitel
In its 401 application Godfrey slated:
Dann ha been placed across the lower end of wetland ina to pmvide fhr zpillage
eontaimment as needed in an eni,,rgency situation. Tlzis by li not i a )n
S?1Iai?dstilitio.ll?soc?ir..s>111? A r? ' ?Ilyy_ossl`I.r?rily during;
1 ?, r r3_fal1? o,,r-kj v . } spill coxitain?lt. There will be an additional
-11
LIIgTER LAND cE,"TTON Fax +19-` 16-6766 Mau 15 't?r3 i2:a4 P. 04
3
Pond below ut?iec.t site that is r.ot. impacting wetlands. 'Work has already been
completed on this; containment darn.
c,dtrev also subtnltted 'i. pera.tiott. guiu`(Jineti for t'he Spill crontainment facal?ly it,, 401
$.pl`.? ilia: atlr)n. The operation ill'1 ClirlttiS Stat-' that the "Sii.lll.e.° grate valve on ti'le' spill cisrtiainment
f1:acility shall] remain closed wed locked" and that "the, spill contain?n;ent facility shall be checlled
and drained a cr each rainfall went."
[point out the places on the neap that lead to same conclusion]
I his mar subrinned with Godfrev's 401 application showed an. upper pond, labeled a "spill
c.ontairm orit facility"'. ;which xould dra: n to a lower pones, labeled a "storn-iwater rn anac'e cnt
L -tn,? irric2atioii pored", The ten- n "Irr`gaiion" used in deSCT-ibing the lov,,er pond, T took to mean
:?'?3:Ccrt2na c;;i`lankii$ a3nd voadways at the project site. Thecontour' ofthe site -el rainfall and
other z-Linoff to the wedw ds area. The irate showed a "sluice gate' to be installed in the wetlzui&
area in order to enable it t% funltit?t7 as a.pill containment facilirv,.
fwhat your conclusions were with respect to non-wetting of logs and ivhy]
tc_,??Inere in tl,e appficatior: does Godffi state that it plans to water the 1?-;g piles and allow that.
water to flow into the and streams. Not dues GTodfrey state or show that it intended to
utilize water front t e- town r poaid TO Spta.N? thO logs in its log storage area.
9. In re,iewiing Godfr'ev's '401 application. I):x,,IQ staff inspect-;d Clodfrey's Proposed
?-'nin; "nil! ite and detenn .ed that the 5 acre impae.t to wetlands to Create a spill containn.ent
po-rd ??eruld actually i.nQreaasG the size ofand enhimce the value of the v--etlandds by elevating the
w'cate'r level and lengthening the retentio:a time of. torinw•ater draining into the wetlands area.
11-ie, snW.t amount of fill necessarv for the road crossing had a negligible impact on water quality.
In the unnarnod tribui ary of the Dan River, and h re; were no adverse Facer quality irnpacts
WATER P., ! APJL SEC. ION F - ? ,1 6-6766 IaLi 15 12:4-D F. OS
4
?ithca. i_ill t ip "wetlaun s or in zb Dlxi River froi 1 Godfrey's activities. F171ally, i ud terrriined that
the two t"poiidS 1;'; uld S4rv( to protect the Dam River from -water +yaality impa;:ts ii[' Godfi"ey's
Stormwater rul'loff
10. Altliouch Godfrey thief{ to follo the requirements ihat it to obtain a 404 permit
its stagy e 401 certi.lic? tion nzi?ai to im-oicthna wetlands. there is nc, rule 4hilicl prohibits DWO
x;:c:rl, i5St11.1- a 410, Ce1+iflcation after thy activity for which the Cenificatlon is requir8d has
.A.',CLU'l ed. WQ) prefers t;? rl,c i` -1C}1 applications prior to ;wri.lje-cj i.Ilitiatiori, 1,71!1t it, i not
1111k, ?i11I 011 for TDIVVQ to is,: ue after-the-fact 4011 certiflcatimS.
1 Had Godfjr,ev inforined DWQ oii Its 401 appllcatlot. than it i'ntLndi: d to _iiii" l
priC,'es to Kr_'er is logs in+Lho 1ugs ston.ge area vvet. I not have jss`ue d the 401 ce-itification
.;? jlC7 ilOt the of t a.I pi;lD(.Gss 14`astewu t" i om the log tilora c' 33.'G'1 to eni-r the wetlands
arl-a.. Aletis,..-at,: s a, e wei rs of the State `aid dlschar&s of wa5t'ewater imo. waters of, the State is
Y0 1dhile.i.
1 Viiy office received ,i ntlraber of requests for a public hea.riig on Godfr :v`s 401
iIC tiC?11, ft 'if
tl os? reClUeStS t0 the Director of the 1WQ ((;; a der .ern- iImti t1,
non
ily'hi-_-the:r to 1-?l 1d a r uuiiC 1.. x.~.:.11 Iri?.. ) 1R81? ? the ¢ 1.ii r` 1 1 7 ^r, } i-. ?
?.?.I1_..Pd th hector than Codf ey applib.d or iL s 4 T") 1
C ". ?s,)ti after _v had ,1!rt? 1C1y impacted t11Z wetlands on the ite t.hE irilOLII1i (ij
w,-- land inn pact at the, site was mdni111a1:, and the impacts on water quality ;,'ere newligible. On
October .11, 1997. afiL:y the J)-rector decided not to hold a public bearin+? on the Godi"-e?' 401
)!;c ition. 1 issued the. 401 l:pproval tc) C,C) 1frey by approving coverage tinder General ial Water
t1<<< ii.*?- .eri.i lc tion ilia }_?ers 510 3 arlc 3108, A copy of the 401 apps°oval is artachc d as Ex11ibiL
11 to this Affidavit,
WATER R LAND "FCTTCIN Fa.x : 9119-716-6766 Mau 15 112:45 P. Cl6
a
S
13. On Oc'tohr 8. 1997 Ron Linville of the Winston-Sale"11 Regional office
m,16ied n, that the vice-p esident of Wdhey had told him ihaat t_ od Y'ep' in', d:-.d to we-t thu, t/
lc g a: Site by using the %v?,atrrr in the low- r pond,-nd that tin" - iischayge from that operation
O-1-1;1"j Pow in-Lo The vt`t'11-and area on 51t , flluoil4?l] the 41'ttl`c3llil i1I' ct, A.ilcl back into tale lower pond.
i._ ron leatxling :hi Ka, ! bemne c,)ncE'rned cabo,,it the. issi-t nce o the 401 ;:.miff-ication.
I arranged a ,S'he Asit to WoCltF' ys propoged ellip rnill on NCrvt'I1 ber 2i, 1497 in
1 41-, i;? Visit the sit and tT'eet V.'?th GIoll rey officials to detenuire prt'mse,y ;`,her was propose

iliz sire and l'ot} os <..i;t%`,'i'tieS wo ii.d affect tvu el' il7all2t'. .1 v. 7ll f j to ;:,bL31 2 o'1f?ii71,3tIVI1
€i21 (_Tvt tr41.' that it %%IL IiC.E d to engage in t17 C3= wetting I)rC)CewL a.:t f t0 IIlS t,ct the ?TC I tU
h(tn" thv:? watttt- w ain after it Nvas sprayed on the loss.
15. +-1n No'v,-tuber 21, 1997, Godhe;y" CO fir%iled to Fitt that ?I inteTId0d tO it4 logs
1'r', by ;:j:,m"S iI g t i . " iKioui the lower p(md an the she; that A- - spray would lie continuot,s; and
;ha'_ Me log m, mge area to W con a-mo- sly sprxyed coFt?nrked 2-7 ac rag. I detorinirned t'raat the
di f;d argt f"toni tlw spraying ofthosFU logs wot-dd be 4.gT1.1t cant h) 'i.ol-unie and that it would f1on,
imo) t Hu w t} nd sea on she (,,vatt' s Whe 5tatc ), iha - 1 rout the lower a_ond. ,arid fsnaliy into the
t:=,i'i t1hr<,,Lig i the iluIall cel2o"m an t_7t7M303 ar f?%Wns and conf;rtned in the field lh?,
l it ti etti'.iil$ieC' Cil i'lle vGi.lii`_IS of i_ 3 ?t g ron l
t e disci ?r, e i °7. the og ell Ig.
pro zess ovoid mundc?. e the .,%et!and mi 'a_ regWar ?oasis and My deliver C7ilUl£1S7t5 Li£4+ _ B OD
i?
a;.d COD to the wetlarid., thus ?J;.'SLT'oyin,? is t'u?nctlf7,,tl as a wetland, and that there -was in0 4 a' , for
.__`s uppcr pond to be operand as a spill ?onta7mnenz pond becatISe ii.e skiize sate 'liould hm c. ro
be Apt opm in order to haT:d-it the volu no of water, that could be fioNving t trough tint- wttiandl.
IJATFR & '`AHD SEi_:I IDPd Fa.x:{=i1'a-r1 - F,6 Pfau I` " 3 12: 4S P.07
~ 6
after I'eiui-?i.Iig to the Winston-Salern Regiona; Office fi-or-, the site N sit, Sttv--
9,is!;tr)ev, Ron L;nIj:11-, a?'ti 1 teleI5hometl Dave 4i?it.ir?Cb, the super% Or1ji '`,PDE5
Ila w"as d n;att Ir pS.virm,tino unit, and confirmed that the pT'actlice O -Spl'f'::t si,? 1le i.0LI5 Wiit`.
: eatc,d a -iC[?",:'SS Tier a?%il.IC 1, Ii 4jiSC?liirgC c tC11'at IS OT'tlle Mite as 5ki0`.? i on l~C?sifl'e'v"S
a ?7licatio2',. would require 7. ? vTi DE`9 -wastewater lschargeperli-it.
] certif, tiiat s re-ad the foft going affli w,, t, rai'ld that the facts sta ed horeill arc %rilc.,
ti v n t?; t.() tll.i3: M?il to CS 'It "At
;I cn-,t info rn-.ation and hl lief and as to those ms,tte S, 1 b7 -Iieva- t.hel°I
"o Ile
}1.t5 t11- Ci3y of N a), 1.998.
JoILIM Robc_rt Dorney

to ar"I l pc't` 1?t.C l5??i(?3 .!II+I?(e

.?'Iti }_?C?IIII?'•?51lI?1 ?....?7j°(?\:

1
MP','-l4-1998 10'.`17 FROM ' N. C. ATTORh.EY GENERAL
; x
:fi7Gtd, s,b z`. I-A's..c.Y
T 0a
17 ".-3

-'
TO
39959 P. 01
State of North ecaro]ina
P, O. POX 62g
err __
?Aon' e;
VI,
Fax: -7 '1
.__?'. !, _G'--fit .?-? ?'`???}?.? . ?? Y
Jai
All,

MAY-14-1999 10: 1:3 r-PCIM IN. C.. ATTORhE`}' GEt•.IEPAL
ll _r'l 1 E OF NOR T H CI"1ROL,,11`k'.ill.

TO 39959 P. X12
:hb NiP,v'I7'RA'1VI; rIEARI'"G°
47 EHR 1676
97 EHR 1607
NOR
UH CAROLINA DFPARTM-EN-- OF
J)'l,,I` IO OF "WATER Q.1-TAITTY,
Respondent, i
aI ? j
EbI( K.0RY A 1,1,IA CE. }
AFFIDAVIT OF
,1OU'v ROBJ RT DORNEY
a6 Al ^... ? ./(,;y'? P S.'y n dit? d it ?;r1 {
11Z! t4 ? ?;
L orn,dtj)I a'S use And state that:
t
.. ±?JIt ?y?ai _.i 10 ;4aI ti} I ?I 11T ;?CI'! the DtYiSiC on (St ?:'2ie
7? f.l 6 i"MArQ" .. and I alai r1 charge of blc State's 401 v'ater qual1Iy ce-rdf1cat-C?Tl r7fii{`,?3m
?;;b--,
4ti t_ . r> ?' ;ti 31;. L T,?r is Af:iij3Vli in
r •'°• t.. 1 ;-•{ s ?:"
L}' !.;r,,crit's dee'rx? 4mnsj, to YktwSL ? '.?tti.,rsz; Nf_t")tir
,.117 ft7:
tt? Gc ,
for IFS. ?uqt st'1'4'i YCwTS. t tiii?'C ?iY;a ?l ,• d }ys and itS ;pp'ryd>>4S
4S
T -3
s _.c sn`_tl?L 0 `. ? tC) :. rr 4.: ?•'* t .: sI ° . i.."s" t•a r -vi
i CI]utYi, , t,i? itl?r Ui?i231'' FUdgIl cnt in the above
1 n ft-(li «r al' '11; a:' YY' C` ter :`a ;;! ^Je a jtt ?y}?!s at. affec? ,.,??,ri State pr :c-) tcE v,.Yz' T
st ? AA-"iSt,a•???a'I fedE*??v
sa _. r esiP?l"t i :t ? ei... 1 ?i?:'. A: ;1is•t •.1tG?t?, (J ddiwi"211Z'!c'. 54??dsr`E:Y tTif-' }7i•C1?1??5?`G
r= `?a" 44i ~Leil .F i, _i37J t' I L, i lu , PGri"F AS to Ell, ws Hands or strearns issued
MAY-114-199e 101: 13 FROM h•:. f TTO?:F,E`r' GENERAL TU =9959 P. 03
L
T
-' 4 S .-uny Corps ?;'
`Er.<;i*??-,as u:idcr sect'?'r.i r 40of-die Clean ,?' : ` '3tee
... ? 7i , Act :e(:tU1rC :3 State
cc.,tt ica11 «7 7s5ued ppur ,uznt to sec;tto;: 01 of
te 11 h a A
Z. On .?ue??4 20, 1997 a concerned c t 'ztm JC A 04 j
T ss-c lost the fare, cou ld you
Rv''Q '3N.e felt" 'a i"} te' f C C, T :'. iiv?E i? 37iS +ii °.t .Ci ?JL{1laP, T? ( !" nc.
IT5
„r 6A (ir.c"c -?,. ili?: + d e f<:i acit`.'at': at its proposed chid till
;,t: in Stc:IkYs Cou-r-'v. Silt told me Sl c had a copy of a, C- }i'?}3 o Engineers section 4014 pEr-.I:T
c? 19
w Go fillpr:'I P95 E6, f fl fl. in S,h ? a._ c° E sin
} :t }. ,_g ? % "'= tan .> tC? C?17.St-U road ?'YC s- i
'ii;.t= Vic'{ rl i5 ?l.es a-d i"1141 1wl? had % ol, rec.,- ed a 401 cer*,iFkatiori application }?om
):4 eY 'j:.,ri t fi,a la. ' a ?, S
T( .fY ass y het tt.i d{. c Spa .,ion $(t pt C;llli to "? ?' f fiic€, vv :ltiii s is d. -.t , j '1
c.-.? DIE- Gy-i t -.S`i 4ryil?.tf.%!?.':.l as Exhibit A 1C) t1LS 1?.?'ICi'?.'??"I'.
41 . : L "jt{' God'F'°.?" a l %r Oalei: Au22,ust r8. 1797 i?'foI`f? inia.., Crod.-fric ' o the uel-d to
.,' o '°S it ?.4}<I ?: d, . enclr, s'u a 4" 1 3..E)pl;cation., A copy i;t my :crcr to God r y 1s
attacled as Fxhitbit B tc this ,44t id vit.
0n Se Oe-n-0.)e C a99 .30 Lief l` ,i.11:,7 Tt>;U itS -a in pi;k;r: fvr a 401 -- rtlfIcatI0P
ct.'ku- ao sovL , IiTiL pct ??`el`?vn s, 1F. r rda. l to construct a Spill Uti3i1'Ealnrneni non cand'41scr
ap al ljl StJ load `.zro4,sir7 That it i,ornplh 4ted 1995, A map was
v t&7 ihi
4` ia: 1L?11. . v _=py of tr• +Ifrry's 4011 applicalil Otl and map 15 attached as

r . ' t Q !t Par icon1 places infliea.pplicataonfe?d to
_9-' you ,s 't-,'1. '} I'c3CIGii i.ic)dfrev statC',d.

t
vl?,;*?1 1't° . 1C ,:il p,i.?4 :I C Yl , , t? e ,wer -Inj of w -tiarid u lea to ;?r??t`:ul 'C=y SF;iit19,L'
w1'i , g C r_ 1. a: :F,' ?c13'.? Sl ztlc'is• .'.?.1..?1??.???__jzs.Il`?.
MAY-14-1999 10:14 FROM, h•!.t?.ATTCIRhE`i' GEtiERAL TCi 39'959 F'.04

?N-I'LLQ?_i ?^4 MILL 11=i z ill.re rill he an, additic-nal
vorld below- subjt ct that 1s niot -Impacting wetl,rIpds. Work ?? 3S a read y >??trn
compiett!d on this cont3liu le:ti dam,
a -et :cK.IC;t"4?rt :4?c to i ;y ?r C, II•?:? t'i't It had w'i?. t v ?? .
p1,a p:ace+:i ,lm Li _ it i 11 wn%i, % etl; ?icis prz
t ,, '?. w ? Ott
r•??!•;?,-fi ?b? ?'? it:?,?L,:3Ft:. ''.)iPi Y;ai. Tfo;Yz..' C?
ok E ou( the s??s on the m4 that a a.e i
ay.`.piication 5fiowed an upper r+Jnd. iabelcd d "spill coot in-me.v.
?.'ralti to .a lowt:t p!and, lab i `d ai "5t4ti:V, ase! Tva n ?r 17;
4 eit .u.?C?'71]r;g I1011
`h':' c i c nna led 111, tw sr;, C"ontainT"e"11 , Z. I' and
l
ia, `t'[:v Operation
t-? * s?t. he gate va`1 e or, the srl;.
Eut 11 aid L.7cib i• "6.d?"e spi"! ct' 713i it +3 1' ?;r3
i w;:?. !,.,di'iTlif1. .,.,i3!: _ r? 6 all
-ej r4 ':4' nt. 'was this spill contilitlmTmeDt plan attached to
4 ?3'hi
1wha'=_ vr?u ' ai}Emt°?1 s s ?e.r'e mvith resp c.l to a uW etti4 , of log sand A° 4'i?Q
C?k
ex [
IM? I r(l5`?? l 2??s? ?1'D f In1 11,M tt?' ° ' ?CQ l,?Ti1La (?v Va 5
?. Lf jtS t it's i it7 4i3 ' th iSS; zlrii"' € 401 was pro-per if therc,?vcrc no spray

V? 1 11

MA'T''-14-1990 10: 14 FROM !•d. C. ATTORh.E'Y' GEhi'=Ri;L TI-; 3 59 P. 05
. 4
In. f°.v 4i txg Godfrey's '01 application, DMA Q staff in-pected Godfrey 's proposed chip rnill site
ar,dl dlet{:^ .erg that the .5 impact to wetlands to cs'eate a spill CCrnlaiT'Ine t pond w'ould
acts t it' 2nc;iea5e thl :?'ze of ? ' P lY S -.l q' , t'-. P:
4 .?. x`14 °i7S:t_ u.t' ul.1C of t412' by L,'?'r3'.iT. tt£ 1?aL CVel
.
a51 iengto:nin;a t e retcni rl time ±'1 54oI221'tiv ±c P. draining into the w1elands area. The small
l av I.et ;,b "U', tieCeSS ifs ' "he --coa41 C) assitlg had a negligible ;mpg t on. wdtei" quality in the
s' _
:I t4. aa.tT`-bu?:2'V C;T the Dal! Rivt'[', a] Id there u'E're no a.?:'tyi5 wa¢v'r rjuai,it.' impacts ?t`??..er on
? '`s t,
4[l.?"vG'tlrrft"l`u or ?r: t?.e D<^?'i River 1ToTT4 GZ?dfrC:L''S i3f:t1v l'IL'. Vt,? Lek
I I(/'-'
f, vha, Yoa would have done if i r( ,u had lno?'ia here were spraying of logs]
,t^ 1 l
v JAI
i 3a. t" ? N'y :afoZ"i`i1ed, DI { .. i; 401'1 application that it intended to uti,17° a 1}T'OCeSS to
4Cg.: L_ t? the ,.tc ii :. n.r.. y ?L':t. 1 r 1vC.s ,sX!..l s iis of ': the '-10i, C,ei t;,f"1C;;:3 tl?:t'il to
:';?At5 4 aC y .-,`? :ip.e. t"1'c; issued to pe2227Ii
Y a c hyt from the IoLy Storac e area to ent 'r tile -\vel-ands area.
water, o tlhe Sta r ?3.nd d:sc Shar--^.,,cs cu v''astewater ii to k aa.ters of th e State is

11, My oft-ice r:} c: a niimber of requests for a public 'nearing on God ret's 401
t:r.'ia sJ t Ii, 1 `3S'Y iC<? u tlli?s,, %que.st.a to the ?#rWS;thr of the D VQ for a
determination on
v >rZ?t; r -,r l! ""c id „ 1111` n.w a1tE?. I iri:..rr the ::rector that: C?odfre}° applicd `or its 4C, i
F1 L tiG sifter it had alrcady impacted the l+ e luYlds Cf:^, the Slt.°- (after-the-fact), the amount. `
' R of
4'ii t flpa t at the Site was mini tra*, '..tit the ?_' ipacts on Waler quality xere negiiaible. On
i .'9 a ?,r 4i t 1in4 - or dc; idle .a not to hold a ?.'iUl' jic he,,:u •i`<? fl tale ?t?? ?ey' ?C)1
MAY-14-199 10:15 FROM H. C:.ATTORhE'l GENERAL TO 39959 P.05
S
a pl'CnllA;t, issued t 1. appio al'I[' (ToCi re.`y' by approving coveraze u7ndei General_ Water
0sa1;t i er fica ;,-)n 'N)',,} ers 3 10 1 a,..l i l t18, A co py of the '$() a ap.prova1. is attaC11eal as E\J1ib
C. -
1) to mis ft-Idavit.
C1;) O1 s,. ?'DtT ei i 997 Ron % 11 s i .4? of -,he E l.i .S CiY ?a e:? Rtizional Office
,P,, fly, t1ti -• li I ` Y'. ^„dfr-3;v had to l i y,, i «t 13?t `??ilG?ffe, ? • late ,l e !
l'0 e.l i ;.. at Q.+. ,'c _ pt C?ide of ? o too 4 hir s.. is . i it1 to wetting ti e
',, on ?' ..'"tt ' h % 7. :; 41 tF : 1'-, er pofiC, a? 7 Tlia an, ?a char -,- lC).m i7::1 C)°Ct3laAn
r, ;t4° 4I'll
"M"' .y`: i e -cY !..?'. ..f_t ?Zr4. U. i:i'': :}?',. ti'- :i tS' ` :j 1.i Y1!!. -LT
`C < t t [; i rsFCc?ric' corLemed zbc,L A the issu?mcc oft'he 401 cer?ificat on..
to ti't 7i''i1)tc - pro,, , C' l1 wa zt12 i C'? l} r?1JAT 21, ? 7! m
/t r i r 4 r 1 y Cy?{, `-)f the M d.t 110v- tht?a t,lvil:r? ." 5 t 4 L'ou'l C. afrUtL
v*',., 4 I )1 ' ai` s +
?;?1s? It1:;.t* ? `X ,,.1rm.? ): . " -in G','l1 ., i,r 'i'..1sr lSi?:? ry._ L}"id,; 1't 1r3 11 ird, ;!1 f j..agG jL; tl?.e in
+ ?? s
S$ler w)LJ.d i y ,.]rain ix. ft r it was
u
!f'.iG 'YS'..1 fi^.s {.1c Gksoa 4v rI ill:n° 33G:L 6e '«
spraved on the 110gs.
a, 4i "i% b?i ,"C s t 2 1 11.'`9 , ??'i dIt..rz c C)?ed to rrY.w that. tt <"itt'z#;ded to keep its i!1? 4
* e` by 5-ra ".1? `r -nl 17-on't 1'tie ti),v 'e : nd A'_i t' =c s'te: that the sr lay -would be cont1f]t o s. and
'b:Ii `? i 'to: - S t: .,3r 0, are-4 to b 4?)Y It dl .: s i; s ? e•' z=?t?e.'-f"7.sc 2d -J1 ac-es. 1 d'et rrii eCd that *ffic vff .. . -'4 .. _ main' 6. h ..,.. l )g„i N?'l•l? ld be sign. F, '1 4n. V(J: ?m C.. wht 1' ?? ?V

s-." rT,- : {? ;sp 'Fe ¢ ,4 `•Y?L,, ?, } -1 } ilea lo\ker' l?oni-L and, finally into +i-
t tC e""° \ ,3 n - T ,?i, iwS l _ l :' Lctie. «:e.,...rlt t
`1 i_'te 1)tt,.,.al' t 3 ralY f ' 3.? t llf' C??+?'? J shoo,Z'T': on {,. oCiftev'a
t 7 ctl Process
z
1 a- al; ds wnini J 1, it,: 'y'„116. ze +ai cltiscl.a?nl-aTa ,io tirn the l? ?V.tlI -ng P
lE.,lL1a, .
;I. Y la `Y:C?etland on ri C?gLi; i b3C1 ;' :1.5 tj ?J.p ;ta -tMr, 5 E3 th-ei?a2?t?, tin d that
?: llt t'> :in, ocri:t'i`. ,i-. a spill ; toitain ''ent pond because th-

MA'r'-14-1998 10: 15 PROM N. C. PTTOPhEY GENERAL TO 39'9519 P. a^

-Im'.- Le6 iMo LVC'111?_t have to 1)t'l.. 166s,:,

.

TIITNI P - Gi?
RECEIVED
ENV JV,0NMEN1 A1.3G1ENCES
MEMO
Non-Discharge Branch
Wetlands Unit
September 16, 1997
TO: Preston Howard
FROM: John Dome
THROUGH: Steve Tedder
Dennis Ramsey
RE: Public Hearing request
Godfrey Chip Mill
Stokes County
DWQ # 970725
RECEIVED
?PC 1.;,19913
ENV IRONMENTAlSC1ENCES
Attached for your review and decision regarding a Public Hearing is the'
application from the Godfrey Chip Mill in Stokes County near the Dan River which was
received today. You may recall that you received a request from the Sierra Club and
other local citizens dated 28 August 1997 with a similar letter sent on 28 August 1997 to
Governor Hunt (attached). Ron Linville (WSRO) has visited the site. All of the impacts
are in place except for a proposed upland forebay to the spill containment system -
therefore the 401 Certification will be after-the-fact. Finally, this portion of the Dan River
(and the UT's) is classified as WS-IV.
The Ron Linville of the Winston-Salem Regional Office and myself support the
idea of a public to explore secondary and cumulative impact issues with respect to chip
mills. However, it will be difficult to keep the issues being discussed to those of a water
quality nature. Also, it is possible that the hearing could provide valuable information for
the Department Task Force that we understand is being formed. Ron Linville also
suggests (and I agree) that we visit other, older chip mills in NC and/or surrounding
states to get a better handle on their impacts. Discussion with our regulatory equivalents
in those states may be useful as well.
Please advise with respect to the hearing as soon as possible. If a hearing is to
be held, I will need to place a hold on the project. We have 60 days for a decision after
receipt of the application (today) unless DWQ decides to have a hearing. In that case,
the clock will be "turned off" until after the hearing. Please call Ron Linville or myself if
you have any questions.
970725.hrg
cc: Ron Linville, Winston-Salem DWQ Regional Office
Central Files
V - I ems...666 V
7
t ii A
_ 1 - Cem Gravel
I r< . ` BM 692 Pit _
Grace Ch.
0
I?? / -,? _, _Ul p\ ..gym j
W
691
X693 ,
3
jjTrailer
l\ I ?: ?, k Park
. «
4A1
656x? _ v
.729
72\1
b ?4 L
600
qTraile .,;7 11,
PaFk
° - BM 620
5991
772 r
... \_ boot south tL( 763 -7? .592
!I ./ 7 n
e
BM 655x;
:a12>??`?=?? Pine Hall
1
•??::1• :.621
BELEWS LAKE QUADRANGLE _
" t rill, ?` ? NORTH CAROLINA
Go'`Se ''-\,: 1 - i j7.5 MINUTE SERIES (TOPOGRAPHIC) ?..?
GODFREY LUMBER COMPANY
Pinehall Chipmill
September 5, 1997
Operation Guidelines for Spill Containment Facility
1. The sluce gate valve on the spill containment facility shall
remain closed and locked.
2. The spill containment facility shall be checked and drained
after each rainfall event.
3. A rip-rap screening berm shall be placed and maintained around
the spill containment facility to screen and catch loose
chips. The screen berm shall be checked after each rainfall
event and cleaned as needed.
4. In the event a spill should occur the following procedure must
be followed:
(A) Take immediate action to contain spill and eliminate
source.
(B) Notify NCDEHNR, Division of Water Quality, Regional
Office 910-771-4600.
(C) Clean up spillage as directed by NCDEHNR.
5. The company requires that these procedures be actively adhered
to, in order to assure the vegetation in the wetland area
remains viable.
t Ar:lr
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
fflk'?WAJ
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
MEMO
TO: eve Mauney
February 28, 1998
Jill Hickey
Bradley Bennett
Dennis Ramse
FROM: John Dorney 1
RE: Godfrey Chip Mill
Stokes County
Attached please find a letter from Ms. Mischi Binkley discussing her concerns
regarding the Godfrey Chip Mill in Stokes County. It is not clear to me exactly what her
concerns are and whether there is a problem regarding compliance with the 401
Certification conditions. My view of the issues is outlined below:
1. The road crossing she refers to in 'tier first paragraph is apparently the dam for
the stormwater/wastewater ponds rather than the entrance road. Therefore her
points are not relevant.
2. The second, third and fourth paragraphs have been dealt with since we have
revoked the stormwater permit for the site (pending appeals of course.
Please review her letter and advise how we should respond. I will await your responses
before I prepare a draft letter for your review. Thankx.
Godfrey.ltr
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/109o' post consumer paper
6.O 'k
Nt. ?rn
F?23 _'r
Mr. A. Preston Howard "' Mischi Binkley
Division of Water QualiNT 1145 Miller St.
4401 Peed; Creek Fad, Winston-Salem, NC ?710
Raleigl i NC *27607 (336) 777-181'
Dear Mr. Howard,
This letter is in refrrenc to the Godfrey Lumber chip mill site in Pine Hall, :stokes
Cour , On. Monday, F .bruu it 201d I observed additional construction on the site, which
had not been there prior to the rR.-vocation ofGrodfrey"s storm-,eater permit. An additional
wast?water settling pond has been constricted north of the previous: pond. In my opinion
this additional construction does not abide by regulations such as I understand them to be.
Firs the original Corp of Englneei- permlt was for a road crossing. The road
crossed a creek, and initially had a. culvert, so that the stream was not impeded. It is
located at the upper end (north') of the original wastewater pond. The stream then flowed
into a wetland, which had been dammed to create the original wastewater pond. This road
is now no longer a road. It has become the dam for the second wastewater pond. The
culvert is blocked, so the original purpose of the culvert is lost. Furthermore, the road over
the dam is no longer a road, as it is interrupted by an overflow from the new pond to the
original pored. The Corps permit specif cally states that the crossing is to be culverted so
rnirit. of a;,tug ico r 7-ca Ii i; Ii`5 ,
as s not to r ._trict the m t
Second, the Rinction of the -tmaste=water pond was given by Mr. Godfrev as a racyclina
area for wastewater from the chipping operation, Such wastewater will contain tannin, a
sub stanc=- i hich drplat : o_?yg? n from the water. thus rndang}ring aquatic species,
Third; with the new construction an additional se ast n of the. j-etlamd, will be flooded
,;-TTid loose '
its function. Now more than one third of an acre of the wetland is affected, and
Lvill be fill?t-i with pollutants.
Fourth, a. small stream is diverted into this second pond from the Kobe Copper side of
th} }?, •,}:: b; , Any ildli? d j ri_i..;: f?'r u, a•S on -his 3 str;.,un 'ill al: t' b n :tt oz d to
}1t7._7r more concentrate d amoints of tannin.
Mr. Godfrey stated at the Cotmt Commissioners meeting of February second of this
year that the additional construction was designed by DENR.
I am looking forward to your response. Sincerely,
Mischi Binkley
cc: Bill Holman
John Dorney
MQrla r-mirall

Wayne McDevitt, Secretary
NC DEHNR
PO Box 27687
Raleigh, NC 27611-7687
Dear Mr. McDevitt:
I am opposed to the chip mill in Pine Hall, Stokes County.

OfF/ Of ENE SED

JAN 3 n r-c,98

AND NATURAL RESNUD RCES
'RED TO
I am requesting that the citizens of Pine Hall and Stokes County be given a public hearing to voice
their concerns about the environmental impacts-direct, indirect and cumulative, regarding this chip
mill. Public dialogue will help direct the action that will result in the best solution for the citizens
of the communities affected. As you are aware the Governor has mandated a statewide study to
determine the direct, indirect and cumulative impact of chip mills in North Carolina.; In light of
this concern and interest on the part of the governor, we, the citizens, must be allowed an
opportunity to voice our concerns as outlined in the First Amendment of the Constitution of the
United States of America.
I await your reply.
Sincerely,
Address
" a -7
OWN
Y . v
t: MAR 4 a
??N C?,vv/LL E' ? GA/Jf??y

NC Chip Mill Permit Revoked
After granting the necessary site disturbance permit in October for Godfrey
Lumber Companyr's new chip mill project north of Winston-Salem, the state of
NC revoked the project permit in late November in order to "assess the
Cumulative oifsite impacts, 1/ primarily logging potentially involved in
supplying the mill with pulpwood. j
"It looks like an all out war'," said one knoi ledgabile industry source, and
the outcome will have far reaching effects on the entire forest products
industry in Ns & bej_tid. ' Another active participant said the action,
FitAve'2 preservationist's everything they wanted, FF a will result in
F'virtual"iy endless analyais & delay."
In addition, & more recently, the state was petitioned by an affiliate of
the Dogwood kiliance, an environmental group that opposes chip mills to
Eev ike Godfreir's existin section -401 water discharge permit.
J -1
";,je've already spent a toil of money," said Godfrey's spokesperson, "and
we've done everything the state asked us to do." The company is currently
considering its next step. The plant would have chipping and residual chip
receiving/reloading capacity similar to its existing 350,000 tpy plant in
Statesville. Apparently, Willamette's new 300,000 tpy mill in Union Mills,
NC will start start early next year and encountered few of the problems now
facing Godfrey.
Int'1 woodfiber Report
Dec. 1997
• Yi; 5 ? s;
6
/W (s?
f
Deceml it,, 6, 1997
& "" r,?/Uo
A A--
nonprofit fit jrmN ?ar icate4 to tke?reservation o f'tfva nortH.West piat;nont -
P.O. Box 81 ?av? sr W6 ,Z70tL ? `I10-4-,-7-F17F
RECEIVED
JAS 7 1998 OFFICE OF THE SECRETARY
4-?,A"rER QUALITY
CECTION
Wayne 14tDevitt, Secretary
Qepart,)lbht of Environment, Health and Natural Resources (DEHNR)
p.0. Bglr 29535
;Raleigh, NC 27626-0535
j,E: Appeal of the Godfrey Lumber 401 certifications
Dear M, McDevitt:
DEC 9W
ENVIRONMENT
AND JAT
,?RED 0MS 0 U ES
'
Thank y',lt for your interest in the effect of high capacity chip mills on our NC communities. In particular,
we greaiI/ appreciate the revocation of the storm water permit for the Godfrey Lumber Co. mill in Stokes
County I,, Preston Howard, Director of the Division of Water Quality.
We coll"Nue to be concerned about the 401 certifications and feel a need to protect our legal options so we
are filinu , petition for contested case hearing before the Office of Administrative Hearings regarding the
issuance these permits. Part of our reason we feel we need to file the appeal is because of conflicts of
deadline;, between Godfrey's time to appeal permit revocation and the expiration of our 60 day time period
to appeal the issuance of the 401 certification.
We very ,,,uch would like to find a joint resolution of this matter and to avoid the legal process to achieve an
amenabi.; ;olution.
We loot, I,,rward to entering discussions with you on this matter.
Sincerely,
4 L . 1? ?- I f
Richard e i. Haberkern
Chairm,111 of Hickory Alliance
CC: C+• typrnor James B. Hunt, Jr.
1114iry Lancaster, Ass't. Secretary of DEHNR
l"11 John Runkle, Esq.
RECEIVED

ENVIRONMENTALSUENCES

47,
C?

P reston Howard, the director of
Division of Water Quali-
C
the N of environmental regulations at the
chip mill site. The company filled two
.
.
did the right thing last week
ty small wetlands there without obtaining
,
when he revoked a key permit for a
t
C required state certification, even
Army Corps of Engi-
S
though the U
oun
y.
proposed chip mill in Stokes
.if he gets a second chance, he
Now .
.
neers had stated that its permit was
,
should hold a public hearing about the contingent upon state action. Company
officials claimed ignorance of the regu-
controversial mill.
Howard revoked the general storm-
df lations in that case, and Howard was
criticized last month when he
oundl
rey
water permit that was issued to Go
Lumber Co'.:Inc:'`of Statesville in July y
s
granted it a permit after it had already

R?? 1995 for a planned chip mill off U.S.
Walnut Cove and Pine
een `
t
1 b filled the wetlands.
The company's ignorance of or disre-
?EC :
w
e
31
Hall. He said that state inspectors who gard for the fine print of environmental
is all the more reason for scrutiny
l
0 4 , 997 visited the mill site found inconsisten-
cies between the building plan and the aws
by the state, and all the more reason for
ENVIRD(yMENTAt,? B permit application. Specifically, God- holding a hearing.
ver chip mills has
t
frey is planning. to spray water onto
logs to keep them from drying, and to roversy o
Con
mushroomed in recent months, with
discharge excess "water into a wetland
Such water would be classi-
on the site the rapid growth of the industry in the
state. Environmentalists fear that large
.
feed as waste water rather than as storm
ai chip mills will encourage clear cutting
which can destroy habitat,
of forests
n.
water, which :is runoff after a r
" The difference may sound technical, , ;
promote erosion and damage water
but the technicality means that to pro- : quality. No one really knows the extent
'
ceed with its plans, Godfrey will need a s forest reserves.
of the state
Jim Hunt has ordered a state-
v
G
more specific permit. And if the compa-
individual permit, oppo-
ny seeks an .
o
wide .,study of the environmental and
,
nents of the ill are vowing to press for
With opposition to the
in
a
bli economic :effects of chip mills, and the
wise course now is to exercise caution.
r
g.
c he
a pu
Stokes County mill and to the prohfera- : Howard said last week that he now will
..
tion of chip mills in the state in general
growing rapidly, you can bet any such . require any new chip mills to secure the
individual, more specific permits. That
hearing will be lively.. ,

Godfrey's vice
r
W ` Conn
means no other mill projects should be
approved without public scrutiny.
w•? ..,?
"
,
o
Buddy
president, :charged-chat state officials
As for the Stokes County mill, if God- i
dividual permit
n i
r
s
are playing politics and trying to ap-
He argued
` environmentalists
pea ,
n
a
fo
frey applie
state law says that Howard. can hold a
RECEIVED .
se
that the water" the mill"will discharge
shouldn't`-be *counted as waste water public hearing if he thinks that public
interest is "significant." The more than
t

be added.
because no chemicals will
-not ::really :.his call, however.
:
That's
20 Stokes citizens and six environmen-
., ,tal groups that requested a hearing last
'
*
.
Godfrey already has ignored the letter month ought to count as significant.
WATER QUALITY SECTION 2 =>- i
°.' harge Branch
j ' NOU-24-1997 15:28 FROM DEM WATER QUALITY SECTION TO
ESB P.02
State of North Carolina
Department of Environment
AlIkIWA
and Natural Resources 0
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary 1:3 FE A. Preston Howard, Jr., P.E., Director
November 24, 1997
CERT V D
Mr. Chester Godfrey
Godfrey Lumber Company
P.p. Box 615
Statesville, N.C. 28687
Subject: Revocation of Stormwater Permit
Godfrey Lumber Company
Permit No. NCG040293
Stokes County
Dear Mr. Godfrey:
Division of Water Quality (DWQ) staff from our Central Office and our Winstan-
Salem Regional Office performed a site visit at your facility on Friday November 21, 1997.
The purpose of this site visit was to review the activities at your facility for compliance with
existing permits and certifications issued by the DWQ. During this review it was
determined that your facility j&= in compliance with the conditions of applicable
regulations and perritits administered by DWQ. In accordance with 15A NCAC 2H.0127
(i) I am hereby revolving your coverage under the Stormwater General Permit referenced
above and notifying you that you must make an application for an individual permit..
This determination has been made based on information gathered during my staff's
site visit. During this process it was determined that your facility has a process wastewater
flow which is not permitted and which reaches waters of the state. The process wastewater
flow results from the spraying of water onto logs that are staged in a log storage area before
being processed through the de-barker and chipper at your facility. Excess waxer from this
process will be discharged into a wetland area on your site. Wetlands are considered waters
of the state and wastewater discharges to these areas are allowed only with an appropriate
permit from the DWQ. This discharge of process wastewater is an unpermitted discharge
and is in violation of G.S. 215.1 and 15A NCAC 2H.0100.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 100% post-consumer paper
- NOV-24-1997 1528 FROM DEM WATER QUALITY SECTION TO ESB P.03
Mr. Chester Godfrey
Page 2
November 24, 1997
In order to come into compliance you must complete the attached application fnr an
individual permit and submit the application, processing fee and associated inforrnation to
our office by December 24, 1997. If any parts of this revocation are unacceptable to you,
you have the right to an adjudicatory hearing upon written request within thirty (30) days
following receipt of this letter. This request must be in the form of a written petition,
confornxing to Chapter 1508 of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447.
If you have any questions please contact Steve Mauney in our Winston-Salem
Regional Office at [phone] or Bradley Bennett in our Central Office at (919) 733-
5083 ext_ 525.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Steve Mauney, Winston-Salem Regional Office
Bradley Bennett
Steve Tedder
TOTAL P.03
{llmk! wilo coulu not allord private doct{P,1/5
09' 47AM Forsyth County commissioners said yester-
day that the only way to affordably maintain
A r that mission is to lot somebody else take over
the health center. N-C- Baptist ) lospitals Inc-
will do just that ,Ian. 1.
County commissioners unanimously ap.
proved a five-year contract with Baptist yester-
-at Baptist will build a
Post•it1° Fax Note 7871 bato y o7 ear New Walkertown

To 4 0 K 1 ?-
From ? a+rl 4? -.-1 ........ w.L "&AL?
se- Raptist is expect-
co.roept.
LI co. rt the next two years.
11 be able to increase
11
Phono !!
Phones #
health care that has
t
th

Fax #
Fast ii o
e patients that
las served," said lye-
JOURNA{, f"OT03 UY DAVID
R Business 40 and U,S. 52 interchange will be finished Wednesday.
)e clear for the holiday, s
:t some "They promised it would be open," said Ruffm, who
learned recentbr that there is still a chance Uw Business 40
may not be cleared until Dec. 1. "I want that thing open so
the bad, you wouldn't believe it," he said yesterday, "But I know
11- they're worldng hard."
Of The cost for the Business 40 and U.S. 52 project is ex,
be
See HIGHWAYS, Page A4
rman of the county
------ .----------- - ......, the people who have
See CENTER, Page A4
Permit revoked
for chip mill
0 Stokes site Mans blamed
By Frank Tursi
JOURNAL, REPORTER
state environmental officials yesterday re-
voked a key peat for a proposed chip shill in
Stokes County. The action could give oppo-
nents the chance they have been looking for by
forcing the state to have a public; hearlllg or,
the controversial project.
Preston Howard, the director of the N.C.
Division of Water Quality, revoked the general
storm-tv:tter permit issued to Godfrey Lumber
Co, Inc. of smtesville in July 1995 after state
inspectors made a ,!sit Friday to the site for
the mill, off U.S. 311 near'Vl>'alnut Cove- They
found than the building plan didn't match what
the company had included in its permit appli-
cation, Howard Said.
"I'm not saying that it was on purpose or
malicious or anything like that," lie said, "but
what we suw Friday wasn't reflected in the
application."
See CHIP MILL page p4
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NOV 25 '97 09:48AM
P. 3/5
State Officials Rescind Permit, Promise
Greater Scrutiny of Chip Mills
November 25, 1997 - 07•28 EST
RALEIGH (AP) -- Statc environmental officials will give closer scrutiny to plans for any new chip mills in
forth Carolina until they complete an environmental impact study of such mills.
On Monday, Division of Water Quality director Preston Howard decided to revoke the general stormwater
permit issued to Godfrey Lumber Co., a Statesville company that wants to build a chip mill in Stokes County.
Howard also said officials will require any new chip mill facilities to have individual stormwater permits -
more stringent than general permits such as the one issued to Godfrey Lumber - until the environmental impact
study of chip mills is completed.
The mills have generated so much opposition across the state that Gov. Jim Hunt has ordered a state study of
their environmental and economic effects. Some environmentalists fear the proliferation of chip trills will lead
to more destruction of hardwood and pine forests.
Howard said he revoked the permit for Godfrey Lumber after an inspection Friday revealed inconsistencies
between the building plan and the permit, which was issued in July 1995.
"We found that a wastewater discharge system involving cut logs is planned for the site," Howard said.
"That type of system is not covered under the general permit."
Inspectors found that the company intended to spray water into a staging area where logs will be stored before
being processed. The excess water was to be discharged into a 0.6-acre wetland on site.
?'I think the reason they pulled the storinwate:r permit is that they're under so much pressure from some of the
environmental groups in the state," said Chester Godfrey, president of Godfrey Lumber.
The chip mill would process pulp wood and sawmill chips for distribution to paper manufacturers. The
process would be entirely mechanical, with no chemicals involved, and Godfrey indicated Monday that
wastewater discharge is not an issuc.
"The only sewage will be from the employee bathroom," he said.
The company can appeal the permit revocation through the Office of Administrative Hearings or apply for a
site-specific, individual stormwater permit.
Godfrey indicated that the company would apply for an individual permit, which allows the public to
comment. Howard will review any comments before deciding whether there is enough public opposition to
warrant a public hearing, said DWQ spokesman Ernie Seneca.
Howard was criticized last month by some environmentalists and Stokes County residents for approving a
wetlands certificate for the company without holding a public hearing.
Godfrey Lumber came under scrutiny after filling two small wetlands off U.S. 311. north of Walnut Cove for
an entrance road crossing and emergency spill containment area to hold stormwater. The company filled in the
NOV 25 '97 09:49AM
P.4/5
wetlands after receiving the ncccssary pcr -xits from the U.S. Army Corps of Engineers, but before receiving
state approval. Company officials have said they didn't know they also needed a state certificate.
Department of Environment, Health and Natural Resources Secretary Wayne McDevitt said last month that he
wanted to know why Howard did not hold a hearing on the state wetlands permit.
Officials said Monday that hearings usually are not held regarding general permits. But regulations give
Howard the power to hold a public hearing if he thinks the issue generates "significant public interest."
Twenty Stokes residents and at least six environmental groups wrote Howard to ask for a hearing.
By RANDALL CHASE, Associated Press Writer
C_6=right C01997Arsociated Press. All rights reserved This material map ran he Uh idpd broadcast
rewrittm or distributed.
NYYYYYYYYYYYY'Y'YYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YY YYYYYY+Y YY Y Y."+r4YYY?•vr+vrrw+?Yr+Ywv++w+nrv+++Y+++•+?Y pr+rr M+•r r+rrTT YrY'rY Wveywv?.wwwYYw1A
Hume I News I Triangle I North Carolina
WwwwwwwwwwwwwYYVVwrvwywwwwwY Y.rrrwwrwwwwvwwwrwwrvrv..Yr.?vwvr..?r+.?rrrvrrw.Mrrrrr rrrrr r rrrrrrrrrrrTrwrrrrrrrrrrrrrvY++rt++++.+..+.+
,Last updated an November 25, 1997 at 07.29.53 AM
Copyright 01997. Capitol Broadcasting ComMv, Raleigh, NC.Coruments or questions? Give, U. f dba k.
NOV 25 '97 09:50AM
.
James B. Hunt, Jr., Gowraor
NCDENa
North Carolina
Department of Environment and Natural
- Immediate
P.5/5
Wayne McDevitt, Secretary
Resources
Ernie Seneca 9191733-7015 ext. 208
Date: I I J 2 419 7 Distribution; Targeted
DWQ revokes stormwater permit for Godfrey chip mill
RALEIGH -- The North Carolina Division of Water Ouality today revoked the
general stormwater permit for Godfrey Lumber Co.'s wood chip mill in Stokes County.
Preston Howard, division director, said he revoked the permit following an on-site
inspection last Friday that revealed inconsistencies between the building plan and the
permit, which the company was issued in July 1995.
"'T'he construction plan for the actual facility didn't match up with the pernrnit,"
Howard said. "We found that a wastewater discharge system involving cut logs is planned
for the site. That type of system is not covered under the general permit."
DWQ inspectors determined that the company intended to spray water into a staging
area where logs will be stored prior to being processed through a de-barker and chipper-
Excess water from this process was to then be discharged into a 0.6-acre wetland, on site.
Godfzey can appeal DWQ's revocation through the Office of Administrative
Hearings or it can apply for a site-specific, individual stormwater permit.
"They need a stormwater permit to operate this facilityHoward said. "If they
apply for an individual permit, the public will have an opportunity to comment on the issue.
We'll hold a public hearing if significant public opposition is voiced. AA-nd from now until
the department completes its environmental impact study on chip mills, well be requiring
individual stormwater permits for future facilities."
Last month, the division issued Godfrey a general 401 certification for wetlands fill
to allow an entrance road crossing and an emergency spill containmenfarea to hold
stormwater. The U.S. Army Corps of Engineers had previously issued the company a
similar approval-
Office of Public Affairs Don Neuter
P.p. Box 27687, Ralei-h, N.C. 27611 Director, Office of Public Affairs
[phone] - n-R.....1Ib-n.w...:b./ACF...,.ti.- 4 -Z.,. r-.1--
A NOV-24-1997 15:28 FROM DEM WATER QUALITY SECTION TO

ESB P.01
Stormwater permit revolted for Godfrey chip mill
RALEIGH -- The North Carolina Division of Water Quality today revoked the
general stormwater permit for Godfrey LumY?e v mill in Stokes County.
Preston Howard, division direct , said rmit owing an on-site
inspection last Friday that revealed in:- nsistencies with the stormwater pp on the
company submitted this summer.
"The application didn't matc up with thee tual facility," Howard said. We found
that a wastewater discharge system i leaned for the site, but it was not l' in the
application."
Crodfrey can appeal DV4'gs revocation through the Office of Administrative
Hcadngs or it can apply for a stricter, individual stormwater permit.
"I'm not going to reissue them a general permit," Howard said. "Tbey'll have to
seek an individual permit. If significant public opposition is made on such a permit; and I
would expect quite a bit, we'II hold a public hearing."

lr

NOV 24 '97 03:59PM P.1/1
r
DWQ revokes stormwater permit for Godfrey chip mill
RALF,IGH -- The North Carolina Division of Water Quality tOdaY
Stokes County.
general stotznwater permit for Godfrey Lumber hCrevoked thelpernut following an on-site
Preston Howard, division director,
inspection last Friday that revealed inconsistencies between the building plan and the
permit, which the company was issued in July 1995.
"The construction plan for the actual facility didn't match up with the permit,"
Howard said. "We found that a wastewater discharge system. involving cut logs is planned
for the site, which is not covered under the general permit.
DW Q inspectors deterrnined that the company intended
barker and chipper staging
area where to s stared prior to being processed through s d-
Exce - ater froin this process was to then be discharged inters 0.6-acre ed n site-
Office
Godfrey can appeal. DWQ's revocation through the
or it can apply for a site-specific, individual storinwater perrnit.
\ "They need a storrnwater permit to operate this facility," Howard said. "If they
apply for an individual permit, the public will have an opportunity to comment on the issue.
We'll hold a public hearing if significant public opposition is made. And from now until
the department completes its environmental impact study on chip mills, we'll be requiring
individual stormwater permits for future facilities."
Last month, the division issued Godfrey a general 401 certification for wetlands fill
to allow an entrance road crossing and an emergency spill containment area to held
storrawater. The U.S. Army Corps of Engineers had previously issued the company a
similar oeAif=tiw• d- j `
Howard said t at a wastewater discharge system is also not allowed under the 401
certification. " i decided to go after the stormwater permit, however, because it provides us
frictions can be
more leverage than with the wetlands certification," he said.
placed on a individual storXnwater permit."

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John Dorney
From: James Ronaid (Ron) Linviiie [n1 ew331 @wsro.ehnr.state.nc.usj
Sent: Thursday, November 20, 1997 9:15 AM
To: John Dorney
Cc: [e-mail]
Subject: RE: FYI Godfrey Chip Mill NPDES??
I have gleened that:
She is from W-S.
She is a major player on the local scene. Probably a Serra Club member who canoes the Dan
and who has several friends in and around the chip mill site. She is very, very, very much
opposed to the chip mill and the impacts from associated logging. She is vocal and will likely
spread the word to the anti groups whatever it turns out to be. For your information, Godfrey has
a stormwater permits for land disturbance and for lumber (not sure if it should cover this type
operation).
This is like a merry-go-round and will continue until we know exactly what the mill will be doing.
Steve Mauney will meet w/us which may help to keep Conner in line because I've gleeened that
Steve and Larry were not aware that they may have process and S&EC waters involved w/ the
wetland.
From: John Dorney <iohndem ehnr.state.nc.US>
To: James Ronald (Ron) Linville" <niew331 @wsro.ehnr.state.nc.us>
Subject: RE: FYI Godfrey Chip Mill NPDES??
Date: Thu, 20 Nov 1997 12:31:25 -0500
Who is Mischi Binkley? I've been trying to get up with Goodrich - we've been playing phone tag.
-----Original Message-----
From: James Ronald (Ron) Linville, ISMTP:n1ew331 @wsroehnr:state.nc.usj
Sent: Thursday, November 20, 1997 6:00 AM
To: preston @ dem. eh nr. state. nc. us: John Dorney
Cc: Dave [e-mail]
Subject: FYI Godfrey Chip Mill NPDES??
Mischi Binkley just called and she wanted to know who to talk to about where the chip mill would
be getting their water and whether or not an NPDES Permit would be involved. She was very
sure that the mill would not operate as a normal sawmill operation and felt that they should not be
covered by any general permits. She further wanted to know if there might be a public hearing on
any NPDES Permits that may be needed at the chip mill. She may call Dave or someone in P&E
about potential permit issues.
Ron Linville @ WSRO 910/771-4608 x 265
"The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt
... .. .. ....... .... .... .... on .... .. . .... no .... .... an .. no no ON ON .... .. .... .... .. ... on OF .. .... no ... we .... on .... on .. .... .. .. .... .... on .. ...
................
Ron Linville @ WSRO 910/771-4608 x 265
"The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt

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John Dorney
From: James Ronald (Ron) Linville [nl ew331 (awsro.ehnr.state.nc.us]
Sent: Friday, November 14, 1997 `6:57 AM
To: John Dorney
Cc: "NROAR04/N1ED706"@wsro.ehnr.state.nc.us;
"N ROAR04/TS19W40" @ wsro.ehnr.state. nc. us;
"NROAR04/N1AR225"@wsro.ehnr.state.nc.us; [e-mail]. state. nc.us;
"NROAR04/NlLQ402"@wsro.ehnr.state.nc.us
Subject: RE: Godfrey chip mill site visit
OK. Meeting setup at Regional office then to the Godfrey site by 1100 on November 21, 1997.
Bring whoever from Raleigh you wish.
Larry Coble may attend from WSRO. Eric Black and Jenny Rankin may also attend. Best if you
come to WSRO building and then we will proceed when you get here.
Have invited LQ, WRC and Forestry. Conner has been notified. He will be at WSRO at 1000 Hrs
also. Believe that 2 people will attend from Forestry. I informed Conner that this was a
governmental meeting and that we would NOT be inviting the public. Two reasons for meeting
generally are to get a feeling for what they will actually be doing on site and to try to gain insights
from other departmental field persons about BMPs and other concerns. He definitely does not
want any Sierra Club types to show up.
After talking to a few folks, we all need transcripts or a briefing on the public hearings that were
held in October by Dan Whittle. Seems like all professionals agree on one thing and that is that
we should insure adequate stream buffers remain undisturbed for any land clearing, agricultural
or forestry practices.
For those of you reeiving this e- mail, please respond as to whether or not you will attend and
whether you will be at WSRO at 1000 or meet us at Godfrey Chip Mill site.
........................................................................... .
Ron Linville @ WSRO 910/771-4608 x 265
"The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt
.......................................................................... ¦ .
John Dorney
From: John Dorney [john0dem.ehnr.state.nc.us]
Sent: Thursday, November 13, 1997 11:10 AM
To: '[e-mail]'
Cc: '[e-mail]. nc.us; '[e-mail]';
'[e-mail]. nc.us'; 'john @dem.ehnr.state. nc.us'
Subject: RE: Re[4]: Godfrey chip mil - Response to your questions)
I think I responded to this message last week but have not yet gotten decision. Also there is
some additional, new information (As of yesterday) that you (all) need to know.
There is no use of the "emergency spill containment area" - the facility is not built and will not be
built until the spring (according to Bud Conner). I do need to make a site visit (probably next
week if for no other reason that I hate answering questions about a site I have not seen) but there
is nothing to see regarding the "use" of the spill containment area. I (and WSRO) continue to
think we should write letter to Godfrey to get clarity on what they intend to do with the site.
Another loose end - the engineer for Godfrey Chip Mill has confirmed that the pipe under the road
will carry the 25 year storm as required in the Certification.
Also Harvard Ayers called yesterday and talked to Eric Galamb about appeal times/rights for the
401 Certification. We believe it is likely that he will appeal the 401 decision to OAH soon (he has
until December 11, 1997 to file with OAH).
-----Original Message-----
From: Richard Whisnant rSMTP:richard [e-mail]1
Sent: Wednesday, November 05, 1997 1:17 PM
To: John Dorney
Cc: `[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]';
'[e-mail]'
Subject: Re[4]: Godfrey chip mil - Response to your questionsl
Preston et al,
The Secretary views this as DWQ's call on how to proceed, subject only to
wanting to get some resolution quickly. I myself would recommend we send
someone out to the site to observe what the heck they are doing with the
"emergency" spill containment area. If we observe them using it, or even
observe evidence that it has been used, for anything more operational, I would recommend we
revoke the permit and not necessarily wait around for an official company response.
Please let me know your collective plan of action and how quickly we can get this issue pinned
down. THanks.
Reply Separator
Subject: RE: Re[2]: Godfrey chip mil - Response to your questionsl
Author: John Dorney <[e-mail], nc.us> at Internet
Date: 11/4/97 1:43 PM
Update as you requested:
1. The Nationwide Permit 14 fill was for the entrance road with a stream
crossing (about 80 feet of stream was culverted). According to the engineer, he designed the
crossing for the 10 year storm (with some safety margin) instead of the 25 year storm as
required by our Certification. He was going to call me back after checking his calculations but
I have not heard from him yet.
2. The Corps did not delineate a stream below the wetland area. The wetland was apparently
created by water ponding behind an old farm road. The downstream pond was not built in
any jurisdictional waters.
3. The Nationwide 26 application covers wetland impacts for the berm (part of which is an old
farm road) and "spill containment" area.
4. There are no known or reported sediment and erosion control problems.
According to Land Quality they are in compliance.
5. There are no temporary sediment and erosion control measures in wetlands or waters.
6. When Ron Linville visited the site, the road was built (without a
Certification) and the berm and "spill containment" area was built (without a Certification).
7. Two general NPDES permits have been issued for this project NCG011722 for the
stormwater and NCG040293 for the timber industry. Neither (apparently) discuss process
wastewater.
8. Finally when Ron Linville talked to Bud Conner on 28 October, Mr. Conner informed him that
the "spill containment" area (built in the wetland on site) would be used to handle water
leached from the log piles. This is in contrast to the explanation that Ron was told earlier
(which he confirmed with the Corps) whereby the bermed area was to be used for emergency
spill containment and that it would remain in its natural condition.
suggest the following: That we write to Godfrey Lumber Company to 1) clarify
the pipe size under the road and 2) clarify the log pile leachate versus
emergency spill containment use of the wetland area. Once we get these
responses in writing, then we can consider whether revocation would be
warranted. I also would suggest that it would only be fair to warn Mr. Conner in the letter that
revocation would be possible if a) 401 conditions are not met or b) we were originally provided
misleading or inaccurate information. The Winston-Salem Regional Office concurs with this
approach.
Please advise. Thankx.
-----Original Message-----
From: Richard Whisnant )SMTP:richard whisnant@maii ehnr.state.nc.usl
Sent: Friday, October 31, 1997 1:49 PM
To: John Dorney
Cc: '[e-mail]'; '[e-mail]. nc.us';
'[e-mail] r. state. nc.us'
Subject: Re[2]: Godfrey chip mill
Call me first and tell me what you've found. 715-4146. Thanks.
Reply Separator
Subject: RE: Godfrey chip mill
Author: John Dorney <[e-mail]. nc.us> at Internet
Date: 10/31/97 1:24 PM
Just got back in from the field. I've got some of the answers for the questions you asked.
However the Corps of Engineers has not (yet?) replied. I was waiting for them. Would you like
me to write a memo summarizing info gathered to date or await Corps response? Please advise.
-----Original Message-----
From: Richard Whisnant [SMTP:richard [e-mail]. nc.usl
Sent: Friday, October 31, 1997 9:04 AM
To: [e-mail]
Subject: Godfrey chip mill
John,
Turns out I'm in the office this week after all.
What're you finding
w/r/t the Godfrey application?
rbw
F 'w
cc:Mail for: Dennis Ramsey
Subject: Re[4]: Godfrey chip mil - Response to your questionsl
From: [e-mail] (Richard Whisnant) at Internet 11/5/97 1:17 PM
bcc: Dennis Ramsey at NRDWQ01 P
To: John Dorney <[e-mail]> at Internet
cc: "'[e-mail]"' <[e-mail]> at Internet
cc: "'[e-mail]"' <[e-mail]> at Internet
cc: "'[e-mail]"' <[e-mail]> at Internet
cc: "'[e-mail]"' <[e-mail]> at Internet
cc: "'[e-mail]"' <[e-mail]> at Internet
Preston et al,
The Secretary views this as DWQ's call on how to proceed, subject only to
wanting to get some resolution quickly. I myself would recommend we send
someone out to the site to observe what the heck they are doing with the
"emergency" spill containment area. If we observe them using it, or even
observe evidence that it has been used, for anything more operational, I would
recommend we revoke the permit and not necessarily wait around for an official
company response.
Please let me know your collective plan of action and how quickly we can get
this issue pinned down. THanks.
Reply Separator
Subject: RE: Re[2]: Godfrey chip mil - Response to your questionsl
Author: John Dorney <[e-mail]> at Internet
Date: 11/4/97 1:43 PM .
Update as you requested:
1. The Nationwide Permit 14 fill was for the entrance road with a stream
crossing (about 80 feet of stream was culverted). According to the engineer, he
designed the crossing for the 10 year storm (with some safety margin) instead of
the 25 year storm as required by our Certification. He was going to call me
back after checking his calculations but I have not heard from him yet.
2. The Corps did not delineate a stream below the wetland area. The wetland was
apparently created by water ponding behind an old farm road. The downstream
pond was not built in any jurisdictional waters.
3. The Nationwide 26 application covers wetland impacts for the berm (part of
which is an old farm road) and "spill containment" area.
4. There are no known or reported sediment and erosion control problems.
According to Land Quality they are in compliance.
5. There are no temporary sediment and erosion control measures in wetlands or
waters.
6. When Ron Linville visited the site, the road was built (without a
Certification) and the berm and "spill containment" area was built (without a
Certification).
7. Two general NPDES permits have been issued for this project NCG011722 for the
stormwater and NCG040293 for the timber industry. Neither (apparently) discuss
process wastewater.
8. Finally when Ron Linville talked to Bud Conner on 28 October, Mr. Conner
informed him that the "spill containment" area (built in the wetland on site)
would be used to handle water leached from the log piles. This is in contrast
Text Item
V.
11
to the explanation that Ron was told earlier (which he confirmed with the Corps)
whereby the bermed area was to be used for emergency spill containment and that
it would remain in its natural condition.
I suggest the following: That we write to Godfrey Lumber Company to 1) clarify
the pipe size under the road and 2) clarify the log pile leachate versus
emergency spill containment use of the wetland area. Once we get these
responses in writing, then we can consider whether revocation would be
warranted. I also would suggest that it would only be fair to warn Mr. Conner
in the letter that revocation would be possible if a) 401 conditions are not met
or b) we were originally provided misleading or inaccurate information. The
Winston-Salem Regional Office concurs with this approach.
Please advise. Thankx.
-----Original Message-----
From: Richard Whisnant [SMTP:richard [e-mail]]
Sent: Friday, October 31, 1997 1:49 PM
To : John Dorney
Cc: '[e-mail]'; '[e-mail]';
'Dennis_Ramsey_at [e-mail]'
Subject: Re[2]: Godfrey chip mill
Call me first and tell me what you've found. 715-4146. Thanks.
Reply Separator
Subject: RE: Godfrey chip mill
Author: John Dorney <[e-mail]> at Internet
Date: 10/31/97 1:24 PM
Just got back in from the field. I've got some of the answers for the
questions you asked. However the Corps of Engineers has not (yet?) replied. I
was waiting for them. Would you like me to write a memo summarizing info
gathered to date or await Corps response? Please advise.
-----Original Message-----
From: Richard Whisnant [SMTP:richard [e-mail]]
Sent: Friday, October 31, 1997 9:04 AM
To: [e-mail]
Subject: Godfrey chip mill
John,
Turns out I'm in the office this week after all. What're you finding
w/r/t the Godfrey application?
rbw
Text Item 2
John Dorney
From: Preston Howard [[e-mail]. nc.us]
Sent: Wednesday, November 05, 1997 8:20 AM
To: 'Richard Whisnant'; John Dorney
Cc: 'preston @ dem. ehn r. state. nc. us'; 'Steve @dem.ehnr.state. nc.us';
'[e-mail]. nc.us': '[e-mail]';
'[e-mail]. nc.us'; [e-mail]. nc.us;
LINDA-RIMER @MAIL.EHNR.STATE.NC.US
Subject: RE: Re[2]: Godfrey chip mil - Response to your questionsl
I CONCUR WITH THE RECOMMENDED APPROACH.
From: John Dorney <'r hn4deni.ehnr state.nc.us>
To: `Richard Whisnant' <richard [e-mail]. nc.us>
Cc: "'[e-mail]< [e-mail],nc.us>,
[e-mail]. nc.us<[e-mail]. nc.LIS>,
linville@wsro. ehnr.state. nc.us<linville 5 wsro.ehnr.state. nc.us>,
john @dem.ehnr.state, nc.us<[e-mail]: RE: Re[2]:
Godfrey chip mil - Response to your questions)
Date: Tue, 4 Nov 1997 13:43:10 -0500
Update as you requested:
1. The Nationwide Permit 14 fill was for the entrance road with a stream crossing (about 80 feet
of stream was culverted). According to the engineer, he designed the crossing for the 10
year storm with some safety margin) instead of the 25 year storm as required by our
Certification. He was going to call me back after checking his calculations but I have not
heard from him yet.
2. The Corps did not delineate a stream below the wetland area. The wetland was apparently
created by water ponding behind an old farm road. The downstream pond was not built in
any jurisdictional waters.
3. The Nationwide 26 application covers wetland impacts for the berm (part of which is an old
farm road) and "spill containment" area.
4. There are no known or reported sediment and erosion control problems. According to Land
Quality they are in compliance.
5. There are no temporary sediment and erosion control measures in wetlands or waters.
6. When Ron Linville visited the site, the road was built (without a Certification) and the berm
and "spill containment" area was built (without a Certification).
7. Two general NPDES permits have been issued for this project NCG011722 for the
stormwater and NCG040293 for the timber industry. Neither (apparently) discuss process
wastewater.
8. Finally when Ron Linville talked to Bud Conner on 28 October, Mr. Conner informed him that
the "spill containment" area (built in the wetland on site) would be used to handle water
leached from t e log piles. This is in contrast to the explanation that Ron was told earlier
(which he confirmed with the Corps) whereby the bermed area was to be used for emergency
spill containment and that it ould remain in its natural condition.
I suggest the following: That we write to Godfrey Lumber Company to 1) clarify the pipe size
under the road and 2) clarify the log pile leachate versus emergency spill containment use of the
wetlan area. Once we get these responses in writing, then we can consider whether revocation
would be warranted. I also would suggest that it would only be fair to warn Mr. Conner in the
letter that rev cation would be possible if a) 401 conditions are not met or b) we were originally
provided misleading or inaccurate information. The Winston-Salem Regional Office concurs with
this approach.
Please advise. Thankx.
-----Original Message-----
From: Richard Whisnant rSMTP:richard [e-mail]
Sent: Friday, October 31, 1997 1:49 PM
To: John Dorney
Cc: '[e-mail]'; '[e-mail]. nc.us';
'Dennis _Ramsey_at_nrdwg0l [e-mail]'
Subject: Re[2]: Godfrey chip mill
Call me first and tell me what you've found. 715-4146. Thanks.
Reply Separator
Subject: RE: Godfrey chip mill
Author: John Dorney <john0dem,ehnr.state. nc.us> at Internet
Date: 10/31/97 1:24 PM
Just got back in from the field. I've got some of the answers for the questions you asked.
However the Corps of Engineers has not (yet?) replied. I was waiting for them. Would you like
me to write a memo summarizing info gathered to date or await Corps response? Please advise.
-----Original Message-----
From: Richard Whisnant [SMTP:richard [e-mail]1
Sent: Friday, October 31, 1997 9:04 AM
To: [e-mail]._s_ta_te._nc.us
Subject: Godfrey chip mill
John,
Turns out I'm in the office this week after all.
What're you finding
w/r/t the Godfrey application?
rbw
John Dorney
From: James Ronald (Ron) Linville [n1ew331 @wsro.ehnr.state. nc.us]
Sent: Tuesday, November 04, 1997 9:55 AM
To: "NROAR04/TS19W40"@wsro.ehnr.state. nc.us;
"N ROAR04/N 1 ED706" @ wsro. ehnr. state. nc. us
Cc: [e-mail]
Subject: (Fwd) RE: Re[2]: Godfrey chip mil - Response to your questions
This is generally the way I see it so hope we can move forward w/
letter from John to Conner.
Also think the Division should respond to inaccuracies in the press that has been blasting away
w/o knowing what they are talking about and w/o giving DENR credit for the 3 hearings we had on
chip mills in October.
------- Forwarded Message Follows -------
From: John Dorney <€[e-mail] state.nc.us>
To: Richard Whisnant<richard whisnant@mail. ehnr.state. nc.us>
Cc: [e-mail]. nc.us<[e-mail]>,
[e-mail]"' <[e-mail]>,
[e-mail]<[e-mail]. r1c.us>,
[e-mail]<[e-mail]. nc.us>,
[e-mail]<[e-mail]. nc.us>
Subject: RE: Re[2]: Godfrey chip mil - Response to your questionsl
Date: Tue, 4 Nov 1997 13:43:10 -0500
Update as you requested:
1. The Nationwide Permit 14 fill was for the entrance road with a stream crossing (about 80 feet
of stream was culverted). According to the engineer, he designed the crossing for the 10
year storm
2. The Corps did not delineate a stream below the wetland area. The wetland was apparently
created by water ponding behind an old farm road. The downstream pond was not built in
any jurisdictional
3. The Nationwide 26 application covers wetland impacts for the berm (part of which is an old
farm road) and "spill containment" area.
4. There are no known or reported sediment and erosion control problems. According to Land
Quality they are in compliance.
5. There are no temporary sediment and erosion control measures in wetlands or waters.
6. When Ron Linville visited the site, the road was built (without a Certification) and the berm
and "spill containment" area was built (without a Certification).
7. Two general NPDES permits have been issued for this project NCG011722 for the
stormwater and NCG040293 for the timber industry. Neither (apparently) discuss process
wastewater.
8. Finally when Ron Linville talked to Bud Conner on 28 October, Mr. Conner informed him that
the "spill containment" area (built in the wetland on site) would be used to handle water
leached from t
I suggest the following: That we write to Godfrey Lumber Company to 1) clarify the pipe size
under the road and 2) clarify the log pile leachate versus emergency spill containment use of the
wetlan
Please advise. Thankx.
-----Original Message-----
From: Richard Whisnant [SMTP:richard [e-mail]]
Sent: Friday, October 31, 1997 1:49 PM
To: John Dorney
Cc: `[e-mail]'; `[e-mail]';
`Dennis_Ramsey_at_nrdwg01 [e-mail]. nc. us'
Subject: Re[2]: Godfrey chip mill
Call me first and tell me what you've found. 715-4146. Thanks.
Reply Separator
Subject: RE: Godfrey chip mill
Author: John Dorney <[e-mail], nc.us> at Internet
Date: 10/31/97 1:24 PM
Just got back in from the field. I've got some of the answers for the questions you asked.
However the Corps of Engineers has not (yet?) replied. I was waiting for them. Would you like
me to write a memo summarizing info gathered to date or await Corps response? Please advise.
-----Original Message-----
From: Richard Whisnant`rSMTPrichard [e-mail]
Sent: Friday, October 31, 1997 9:04 AM
To: [e-mail]. state. nc.us
Subject: Godfrey chip mill
John,
Turns out I'm in the office this week after all.
What're you finding
w/r/t the Godfrey application?
rbw
........................................................................... .
Ron Linville @ WSRO 910/771-4608 x 265
"The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt
............................................ ¦ .............................. .
John Dorney
From: Mail Delivery System [[e-mail]. nc.usj
To: [e-mail]: Fri; 31 Oct 97 14:34:19 EST
Subject: Delivery failure notification
With reference to your message with the subject:
"RE: Godfrey chip mill"
The local mail transport system has reported the following problems it encountered while trying to
deliver your message:
User <Dennis Ramsey at nrdwgOl [e-mail]> not known at this site.
Your mail message is being returned to you in the next part of this message.
Should you need assistance, please mail postmaster@mordor ehnr.state.nc.us.--Part Boundarv-
9664F21 Content-type: Message/RFC822 Content-description: Contents of original mail message
Return-path: <[e-mail]. nc.us> Received: from JOHN-NT by
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Message-ID: <01BCE600=4138AOF0@JOHN _NT>
From: John Dorney <jo tnCdem.ehnr.state.nc.us>
To: `Richard Whisnant' <richard [e-mail]. nc.us>
Cc: "'[e-mail]<[e-mail]>,
"'[e-mail]<[e-mail]. nc.us>,
"'Dennis_Ramsey_atSubject: RE: Godfrey chip mill
Date: Fri, 31 Oct 1997 13:24:00 -0500
MIME-Version: 1.0
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Content-Transfer-Encoding: quoted-printable
Just got back in from the field. I've got some of the answers for the questions you asked.
However the Corps of Engineers has not (yet?) replied. I was waiting for them. Would you like
me to write a memo summarizing info gathered to date or await Corps response? Please
advise.
-----Original Message-----
From:; Richard Whisnant [SMTP:richard whisnant@.mail.ehnr.state.nc.us1
Sent: Friday, October 31, 1997 9:04 AM
To: [e-mail]=20
Subject: Godfrey chip mill
John,
Turns out I'm in the office this week after all.
What're you
finding
w/r/t the Godfrey application?
rbw
From: James Ronald (Ron) Linville [n1 ew331 ewsro.ehnr.state.nc.us]
Sent: Tuesday, October 28,1997 11:19 AM
To: John Domey
Cc: "NROAR04/TS19W40"Owsro.ehnr.state.nc.us
Subject: Re: Godfrey Chip Mill - Stokes County
1. No field notes from 1"t meeting w/ John Thomas. Talked to John T. today and he concurred
that they did not mention wettting logs and discharging into wetland. They only mentioned
spill containment. Site rated later w/ Eric Fleek and Pete Colewell during compliance visits in
Region.
2. John T. did not claim jurisdiction for the channel below the wetland berm (new pond).
My understanding of 3 & 4
3. NWP14 was for the entrance road. About 80 ft of pipe on a real stream.
4. NWP26 covers the enhanced wetland and berm.
5. No reported land quality concerns per Danny Hocket. Danny stated that the berm below the
wetland was an old farm road. So that was probably the extent of the wetland. The fill for the
berm or dam would not have directly impacted the wetland.
6. No temporary measures in waters to my knowledge or Danny's.
i `
Recommend that we proceed w/ caution as all we have to go on is what Conner told me this AM.
A query may be better initially to get something in black and white, then revoke or modify if
different from initial submittal. Will be in field,tomorrow until about 1530. Will be in Raleigh Friday
at 10:00 AM if we need to get together w/ Preston, Tedder, etc. Conner requested that I let him
know if he needed to get another permit, such as NPDES.
.............................................................................
Ron Linville 0 WSRO 910/771-4608 x 265,
"The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft' living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt
............................................................................

From: James Ronald (Ron) Linville [n1ew331 0wsro.ehnr.state.nc.usj
Sent: Tuesday, October 28,1997.7:21 AM
To: [e-mail]
Cc: johnOdem.ehnr.state.nc.us; bradley0dem.ehnr.state.nc.us;
dons* dem.ehnr.state. nc.us; "NROAR04/TS19W40"Owsro.ehnr.state.nc.us
Subject: Godfrey Chip Mill WQ#970725
Returned a call to Bud Conner this morning. During the conversation, I asked if they would be
using any process, contact or cooling water in their operation. He indicated to me that they would
be wetting logs on the site from the constructed lower pond (not jurisdictional prior to building per
COE) and that any excess water would then go into the wetland (previously bermed and claimed
as jurisdictional by COE) before returning to the pond. This is contrary to the original review for
the 401 certification. At that time, we were informed that the bermed wetland would only be
utilized for emergency spill containment and that it would remain natural (albeit enhanced by the
berm). The 401 indicated that the certification was only valid for the purpose and design
described in the application. Revocation of the 401 may be an option. We typically require a wet
detention pond to offset the hydrograph/losses under the 401 certification.
Recommend that we send them a letter asking for clarification and additional information on what
processes they will be utilizing as an NPDES Permit may be necessary. They could bypass the
wetland and discharge to the created pond but that would be waters of the state when built and
will have a potential discharge from'th'e dam to Dan River. We might need to ask if they will be
making withdrawals from the Dan River also. They have general permits for land disturbing
activities (NCG011722) and stormwater (N00040293).
Ron Linville @ WSRO 910/771-4608 x 265
'The things that will destroy America are prosperity
at any price, peace at any price, safety first instead
of duty first, the love of soft living and
the-get-rich-quick theory of life. This country
will not be a permanently good place
for us to live unless it's a good place for
all of us to live." Theodore Roosevelt
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PAGE . A40 WINSTON-SALEM JOURNAL Tuesday, October 21, 1997
?? ? Z`A Y ?7 p #a sn, ry
INT?A
JON H
WITHERSPOON
LEVIOURNAL .
Tx :Publisher
A M6did General Newspaper CARL M. CROTHERS
• • • • • Managing Editor
•
416-420 North Marshall Street - JOHN D. GATES
- Winston-Salem, N.C. 27101 Editorial Page Editor

FOUNDED APRIL 3
1897 V.C. "PAT" TAYLOR III
,
_ General Manager
STOKES COUNTY CHIP MILL
Wanted: public hearing
The director of the N.C. Division
of Water Quality apparently was
doing what the law allows when
he issued a wetlands permit for a chip
mill that is already under construction
in Stokes County, but given the growing
controversy over chip mills, he should
have ordered a public hearing first.
. The chip mill that Godfrey Lumber
Co. of Statesville is building just off U.S.
311 near the Stokes-Rockingham coun-
ty line, not far from the Dan River, was
already under construction before
some area residents understood the
magnitude of what was being built. As it
turns out, the chip mill also was under
construction before Godfrey had ob-
tained all the necessary permits.
.. Godfrey had secured permission
from the U.S. Army Corps of Engineers
to fill two small wetlands to build a road
at the site, but those permits were con-
tingent upon the state's certifying that.
filling the wetlands would not degrade
water quality. Company officials have
said that they didn't know that state
certification also was necessary, al-,
though the Corps had informed them.
Because Godfrey went ahead and
filled the wetlands without the neces-
sary state certificate, A. Preston How-
ard, the director of the state water qual-
ity division, could have ordered a public
hearing if he decided there was "signifi-
cant public interest."
Clearly, there was sufficient and
growing public interest.
As word spread not only about the
chip mill . going up in eastern Stokes
County, but also about the rapid growth
of the chip-mill industry in North Caro-
lina, opposition was mounting both in
the county and among environmental
groups. At least 20 Stokes County resi-
dents. and six environmental groups,
including chapters of the N.C. Sierra
Club, wrote Howard requesting a hear-
ing. Chip mill opponents waged a tele-
phone campaign.
Howard decided last week, however,
not to hold a hearing, but rather to give
Godfrey the permit after the 'fact. He
indicated in a letter to one opponent
that Godfrey's failure to folloW the right
procedure had little bearing. because
filling the wetlands had little effect on
water quality.
He also said that it would be better to
take up the controversy over chip mills
in general in a state study that Gov. Jim
Hunt has ordered of the mills' effects on
the environment and the economy.
But it is expected to be at least a year
before the broader study is, done, and
this issue has quickly grown beyond the
simple question of whether filling two
small wetlands hurt nearby streams.
Without the study, there is disagree-
ment about the condition of the state's
forest reserves and about whether
building large chip mills encourages
clear cutting of forests, ' which could
harm the environment and the long-
range future of the timber industry.
Until state officials and the public
have a better understanding of the
state's forest resources and the poten-
tial effects of chip mills, the wise course
is to move slowly and carefully.
Instead, the head of the state's Divi-
sion of Water Quality has ignored calls
for a public hearing and missed a
chance to proceed with caution.
OCT 17 '97 02:56PM
Stapes Residents Upset by Wetlands
Certificate for Chip Mill
October 17,1997 -14:00 EDT
P. 1/1
WALNUT COVE, N.C. (AP) -- Environmentalists and Stokes County residents are upset that a lumber
company filled two wetlands, then received state approval of the move retroactively without a public heating.
Preston Howard, director of the N.C. Division of Water Quality, decided this week to give Godfrey Lumber
Co. Inc. of Statesville a permit after the company filled two small wetlands off U.S. 311 north of Walnut
Cove, where it is building the chip mill.
State regulations give Howard the power to hold a public hearing before issuing a permit if he thinks tho issue
generates "significant public interest." Twenty Stokes residents and at least six environmental groups wrote
Howard to ask for a hearing.
Opponents, have said that they warted to express fears about the proliferation of chip mills, which cut
hardwood and pine trees into quarter-sized chips that are primarily used to make paper. Chip mills have
generated so much opposition across the state that Gov. Jim Hunt has ordered a state study of the mills'
environmental and econornie effects.
Howard was on vacation Thursday and couldn't be reached.
Don Reuter, a spokesman for the department, could not explain why Howard issued the permit without a
hearing. Department officials first learned about the permit late Thursday afternoon, Reuter said.
"This is a high-profile issue that has generated a lot of interest," he said. "The division routinely issues these
permits without the department's involvement, and that's as it should be. But we need to look into the
circumstances of the issuing of this particular permit. We will find out why it was issued without a hearing."
Godfrey Limber earlier had received the necessary permits to fill the wetlands from the Army Corps of
Engineers. Those permits, though, were contingent on the state certifying that filling the wetlands wouldn't
degrade water quality. Company officials have said that they didn't know that they also needed state approval.
They filled the wetlands without applying for the state certificate.
Godfrey's late application for the certificate had little bearing on the state's decision, Howard wrote in a letter
to an opponent who had requested a hearing. The fill had little effect on water quality, lie wrote.
He suggested that the broader state study of chip mills was a better forum in which to air general fears about
the mills' environmental effects.
"There's aren't any grounds for a public hearing after all we've done," said Buddy Conner, a vice president
of Godfrey. "But Tin sure there are going to some people terribly upset."
Two chapters of the N.C. Sierra Club - in Winston-Salem and Raleigh - sought a hearing.
"We think that there's a compelling, public interest, and we're hard pressed to think of a reason not to give the
public an opportunity to have their say on this issue," said Molly Diggins, director of the N.C. Sierra Club.
Post^ir° Fax tpW, 7671
To 161" Fran .4 dP
CoJDepc Co
Phone # ` , Rhone #
Fax 41 Fax #
OCT-17-1997 13:42 FROM DEHNR Winston-Salem TO
RW46nts, troubleCI
by 'c1u- I permit
0 Forwi wasn't held in Stokes
Amajor &V maybe brewLing In the N.C. Department
of Rrrviroranent w4 Naturd Resources elver a minor
wetlands permit issued to a chip mill in.Stokes County
without there being a public hearing.
A. PrwWi& W ikrd, the dfi4&dr`of Ow N.C. DkWon
of. Water 'Quality',' decided'tib' week to give Godfrey
Lumber Cv: lnc: oif Statesville a 'permit after the com-
> w Mtd two airmail wetlands aff U.S. 811 to X* of
Walnut Cove; *Wike it is bitildfng'the chip inilL
State regulations' ive Howard the power to hold a
a
public hea e .halt if he Ulu" the
r before fssu?"' p
issue generates ,`.significant public interest." Twenty
Stokes' residents and at least six environmental
WINSTON-SALEM JOURNAL Friday, October 17, 7907
'06
P.02
S'if"IfATE / METRO
CHIP MILL
Cot &r* Frain, fte 81
>xqups'wrote moward to ask fora
hearing. Opponents have said that
they wau* a for=- to express.
fears about the proliferation of chip
mills, Which cut hardwood and pine
trees into qualUr-sized cites that
are pri naxily used to make paper.
Chip mills have generated so much
opposition across : the state that
Gov. Tun Hunt has?ordered a state
study of the -mills'. enylronmental
and economic' effects. ` '
Howard was oat vacation yester-
day and 'couldn't, be reached, and
Don Reuter, &'spokesman for-'the',
depattmwd,'was at a loss to explafiti
w1iy • Howard issued :.the -.-permit
withod" i' afln?• peipartment'om- :
gals first.10a * about thi.pe mit
late yesterdaj+,,.afterc?oon,' Neuter
• said.' .`Tluis,is,•ahigh grofife°is>rua
that has:,gegetated a • lot of Miter=
• rest;" he said: "Titer diyfision muf?e-
•ly, issues'tliese permits witiiout'the
department's, invalvexsient; and
tnat's''as ft snouid.be. But vPe need
to, look into the circumstances :of
the issuing of this particular per-
mit. We will find out wrq.fit was
issued without a hearing."
Godfrey Lumber earlier had re-
ceived the necessary permits to fill
the'wetIands ftm the Army Corps
of Engineers. Whose permits,
though, were ' contingeit on the
state cerdfying that filling the wet-
lands wouldn'tdegradewater eualf-.
ty. Company oMcials have said that
thty didn't know that they also
needed state approval; They filled .
the :•wetlannds without appb Wg for.
•. the' State certificate.
That Godfrey applied for the cer.
tificate after filling the, wetlands
had little bearing on the states de-
''vision because'the fill heel little ef-
feet 'on ' water quality, Howard
,wrote in w letter, to an opponent
,':who:had requested a•heaxing. '
He'°sug?est?d in the letter that.
the broader state'study of chip mills
wss, a better forum in wMcli to air
gem"-fears about the mills' envf-
ronmeaW effects.
• . Buddy Coxmcr, a 'vim pre*ident
of Godfrey, has said all along that
the company has done all It could to
ensnre that.the building of the mill,
wouldn't degrade the quality of
streams on the coast ructjon site. "
`Ihere's . aren't am srowtds' for a
public hearing after all we've
daane,"Conner said yesterday- "But
x'in ,sum * them are, going to Some
people terribly upset"
Molly?17Wns is one. She is the `
diFectvir of the-N.C. Sieria, Club, the
state's largest environmental `
group. Two .of its Chapters -• in
'yVinsWn•Salem,and in Raleigh --
asked for a hearing. "We think that
there's -a" compelling public utter-
est, and we're hard pressed to U *Lk
of a reason not to give the public an
opportunity to'have their say on
this issue,.' she said. • : •
.. ,Six. enviroan>,tieantal groups from
Western 'North 'Carolina and ,110
residents from that part of the state
also wrote zequesting a hearing,
said Harvard, Ayers, a.professor at
,Appalachian•State University:..',
`!Thcrc's;very slgnitieant public
interest," he said. "There was ter-:
rific pr inure to ? have the, hearing. •
We wrote letters, called Howard.
We really pounded, but apparently
we're,not goinng to get it."
TOTAL P.02
OCT-17-1997 1342 FROM DEHNR Winston-Salem
s
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT, HEALTH
NATURAL, RESOURCES

DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OMCE
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: 910-77IA600
TO:
FAX NUMBER:
FROM:
DATE:
TO P.01
EDEEHNFZ
Fait: 910-771-4631
1/) -- 1 7---f -7 '2" „
Number of pages (including; cover page)
COMMENTS:
4
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Molly Diggins, State Director
NC Sierra Club
1024 Washington Street
Raleigh, NC 27605
Dear Ms. Diggins:
Re: 401 Water Quality Certification
Godfrey Chip Mill
Stokes County
DWQ #970725, COE #199708226
A ??
[D EHNR
October 14, 1997
Thank you for your recent correspondence concerning the after-the-fact application for
fill of wetlands and waters for the Godfrey Chip Mill at US 311 and NC 772 in Stokes
County. After careful consideration the Division has decided to issue the Certification for the
road crossing, and emergency spill containment and irrigation pond for this facility. Since
the impacts for the facility are minimal and necessary to provide protection for downstream
water quality, DWQ would have approved these impacts whether they were after-the-fact or
proposed.
With respect to your broader concerns relating to chip mills, DWQ plans to actively
participate in the chip mill study underway in the Department of Environment and Natural
Resources. As you are probably aware Mr. Dan Whittle of the Department recently
conducted three public meetings for this study. I urge you to be actively involved in this
study in order to address your concerns about chip mills in general.
Please call Mr. John Dorney of my staff in Raleigh at 919-733-1786 or Mr. Steve
Mauney in Winston-Salem at 910-771-4600 if you have any questions.
cc: DWQ Winston-Salem Regional Office
Dan Whittle, DENR
Central Files
Linda Rimer, DENR
Frank Turbi, Winston-Salem Journal
Sincerely
ton ow Jr. P. .
Division of Water Quality - Non-Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Jin Matthews,
Foothills Group
1024 Washington Street
Raleigh, NC 27605
Dear Mr. Matthews:
Re: 401 Water Quality Certification
Godfrey Chip Mill
Stokes County
DWQ #970725, COE #199708226
I LT.KMAI
00
ED FE F1
October 14, 1997
Thank you for your recent correspondence concerning the after-the-fact application for
fill of wetlands and waters for the Godfrey Chip Mill at US 311 and NC 772 in Stokes
County. After careful consideration the Division has decided to issue the Certification for the
road crossing, and emergency spill containment and irrigation pond for this facility. Since
the impacts for the facility are minimal and necessary to provide protection for downstream
water quality, DWQ would have approved these impacts whether they were after-the-fact or
proposed.
With respect to your broader concerns relating to chip mills, DWQ plans to actively
participate in the chip mill study underway in the Department of Environment and Natural
Resources. As you are probably aware Mr. Dan Whittle of the Department recently
conducted three public meetings for this study. I urge you to be actively involved in this
study in order to address your concerns about chip mills in general.
Please call Mr. John Domey of my staff in Raleigh at 919-733-1786 or Mr. Steve
Mauney in Winston-Salem at 910-771-4600 if you have any questions.
X.
cc: DWQ Winston-Salem Regional Office
Dan Whittle, DENR
Central Files
Linda Rimer, DENR
Frank Turbi, Winston-Salem Journal
Division of Water Quality • Non-Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A**
[D EHNF?L
October 14,1997
Mr. Gordon Smith, Chair
NC Sierra Club
1024 Washington Street
Raleigh, NC 27605
Dear Mr. Smith:
Re: 401 Water Quality Certification
Godfrey Chip Mill
Stokes County
DWQ #970725, COE #199708226
Thank you for your recent correspondence concerning the after-the-fact application for
fill of wetlands and waters for the Godfrey Chip Mill at US 311 and NC 772 in Stokes
County. After careful consideration the Division has decided to issue the Certification for the
road crossing, and emergency spill containment and irrigation pond for this facility. Since
the impacts for the facility are minimal and necessary to provide protection for downstream
water quality, DWQ would have approved these impacts whether they were after-the-fact or
proposed.
With respect to your broader concerns relating to chip mills, DWQ plans to actively
participate in the chip mill study underway in the Department of Environment and Natural
Resources. As you are probably aware Mr. Dan Whittle of the Department recently
conducted three public meetings for this study. I urge you to be actively involved in this
study in order to address your concerns about chip mills in general.
Please call Mr. John Domey of my staff in Raleigh at 919-733-1786 or Mr. Steve
Mauney in Winston-Salem at 910-771-4600 if you have any questions.
Rereston ely
Howard, Jr. X.
cc: DWQ Winston-Salem Regional Office
Dan Whittle, DENR
Central Files
Linda Rimer, DENR
Frank Turbi, Winston-Salem Journal
Division of Water Quality - Non-Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
S
State of North Carolina
• Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Paul Holcomb, Chair
Piedmont Plateau Group
1024 Washington Street
Raleigh, NC 27605
Dear Mr. Holcomb:
Re: 401 Water Quality Certification
Godfrey Chip Mill
Stokes County
DWQ #970725, COE #199708226
Oft
?EHNR
October 14, 1997
Thank you for your recent correspondence concerning the after-the-fact application for
fill of wetlands and waters for the Godfrey Chip Mill at US 311 and NC 772 in Stokes
County. After careful consideration the Division has decided to issue the Certification for the
road crossing, and emergency spill containment and irigation pond for this facility. Since
the impacts for the facility are minimal and necessary to provide protection for downstream
water quality, DWQ would have approved these impacts whether they were after-the-fact or
proposed.
With respect to your broader concerns relating to chip mills, DWQ plans to actively
participate in the chip mill study underway in the Department of Environment and Natural
Resources. As you are probably aware Mr. Dan Whittle of the Department recently
conducted three public meetings for this study. I urge you to be actively involved in this
study in order to address your concerns about chip mills in general.
Please call Mr. John Domey of my staff in Raleigh at 919-733-1786 or Mr. Steve
Mauney in Winston-Salem at 910-771-4600 if you have any questions.
.E.
cc: DWQ Winston-Salem Regional Office
Dan Whittle, DENR
Central Files
Linda Rimer, DENR
Frank Turbi, Winston-Salem Journal
Division of Water Quality - Non-Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A LTv;T'j
?EHNR
October 14, 1997
Mr. Harvard Ayers
551 Cobbs Creek Road
Boone, NC 28607
Dear Mr. Ayers:
Re: 401 Water Quality Certification
Godfrey Chip Mill
Stokes County
DWQ #970725, COE #199708226
Thank you for your recent correspondence concerning the after-the-fact application for
fill of wetlands and waters for the Godfrey Chip Mill at US 311 and NC 772 in Stokes
County. After careful consideration the Division has decided to issue the Certification for the
road crossing, and emergency spill containment and irrigation pond for this facility. Since
the impacts for the facility are minimal and necessary to provide protection for downstream
water quality, DWQ would have approved these impacts whether they were after-the-fact or
proposed.
With respect to your broader concerns relating to chip mills, DWQ plans to actively
participate in the chip mill study underway in the Department of Environment and Natural
Resources. As you are probably aware Mr. Dan Whittle of the Department recently
conducted three public meetings for this study. I urge you to be actively involved in this
study in order to address your concerns about chip mills in general.
Please call Mr. John Dorney of my staff in Raleigh at 919-733-1786 or Mr. Steve
Mauney in Winston-Salem at 910-771-4600 if you have any questions.
cc: DWQ Winston-Salem Regional Office
Dan Whittle, DENR
Central Files
Linda Rimer, DENR
Frank Turbi, Winston-Salem Journal
on J
Fest PowL
ivision of Water Quality • Non-Discharge Branch
D
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
eCOPY
[D EHNR
October 11, 1997
Stokes County
WQC 401 Project #970725
COE #199708226
APPROVAL of 401 Water Quality Certification
Mr. B.W. Connor, Vice President
Godfrey Lumber Company, Inc.
Post Office Box 615
Statesville, NC 28687
Dear Mr. Connor:
You have our approval, in accordance with the attached conditions, to retain fill place in 0.6 acres
of wetlands or waters for the purpose of constructing a road crossing and an emergency spill
management system at Godfrey Lumber Company as you described in your application dated
September 5, 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3103 and 3108 These Certifications allow you to use
Nationwide Permit Numbers 14 and 26 when it is issued by the Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must
follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing. _
Division of Water Quality • Non-Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recyclecill0% post consumer paper

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files
Harris B. Gupton and Associates
S' eI ,
Pr ton Howard, Jr. P.E.
1
9707251tr
State of Nprth Carolina
Department of Envirornirr'tent,
Health and Natural Resources
Division of Water Quality
Water Supply Watershed Protection
A,•
E H N cFIVED
G,
MEMORANDUM O 1 l1 1997
`"
ENVIRONMENTALSC1ENCES
TO: John Dorney, ESB
FROM: Brent C. McDonald, WSWP
DATE: October 6, 1997
RE: Godfrey Lumber chipmill, Stokes County
Project is located in WS-IV-PA watershed. For low density development,
built-upon areas limited to 24% impervious (36% without curb and gutter),
thirty foot buffers from perennial waters required. Buffer requirement may
be waived for "public projects such as road crossings ... where no practicable
alternative exists..." (NCAC 15A 2B .0216 (3)(b)(i)(G)).
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
http://pluto. ehnr. state. ne.us/wswp/

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Water Supply Watershed Fact Sheet
Watershed: Dan River (Madison)
Major River Basin: Roanoke
User (s) : Town of Madison
t_
Current Classification: WS-III
Recommended Classification: WS-IV
Watershed Drainage Area
Watershed or Protected Area: 65,727 acres
Critical Area: 249 acres
Total Area: 65976 acres
Jurisdictional Composition Of Watershed
Percent of Percent of
Counties Acres Watershed Jurisdiction
i
FORSYTH 1.969 3 1
GUILFORD 992 2 0
ROCKINGHAM 11207 17 3
STOKES 50965 77 18
Percent of Percent of -
i Municipalities Acres Watershed Jurisdiction
Madison 123 0 7
{ Stokesdate 240 0 5
Watnut Cove 479 1 33
Existing DOMESTIC type dischargers:
PAULUS FULCHER RESIDENCE N00055263
GARY AKERS RESIDENCE NCO057754
BARLOW GROCERY AND GRILL N00071609
HALSTEAD INDUSTRIES N00035173
WALNUT COVE WWTP NCO025526
RAYCO UTLITIES INC. / WALNUT TREE SUBDIVISION N00028754

t: Existing INDUSTRIAL type dischargers:
DUKE POWER/BELEWS CREEK STEAM STATION NCO024406
t DUKE POWER/BELEWS CREEK STEAM STATION N00024406
DUKE POWER/BELEWS CREEK STEAM STATION NCO024406
t
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IL
PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
Pivers Island, NC FAX [phone]
US Fish & Wildlife Service
Asheville, NC FAX [phone]
US Fish & Wildlife Service
Raleigh, NC FAX [phone]
State Historic Preservation Office
Raleigh, NC FAX [phone]
C Division of Water Quality
Raleigh, NC FAX [phone]
NC Wildlife Resources Commission
Creedmoor, NC FAX [phone]
1. ACTION ID: 199708226
2. APPLICANT: Godfrey Lumber Company, Inc.
3. DATE OF TRANSMITTAL: 9/15/97

vii" 15 1997,
EN 1l !?NVt''4tSCIENCES
4. RESPONSE DEADLINE(5 days from transmittal): 9/19/97
5. COMMENT DEADLINE(10 days from response deadline):9/29/97
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
ATTN: John Thomas
FAX [phone]
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.

?l
}r >
2C?S
PAGE AS WINSTON-SALEM JOURNAL Tuesday, September 9, 1997
WINSTON-SALEM JOURNAL JON H. WI
s
OON

i
her
Publlisher

A Media General Newspaper •
CARL M. CROTHERS
Managing Editor
•
416-420 North Marshall Street JOHN D. GATES
Winston-Salem
N.C. 27101 Editorial Page Editor
, •

' V.C. "PAT" TAYLOR
III
FOUNDED APRIL S,
1897 .
General Manager
N.C. CHIP MILLS
Information is first need
Frank Tursi's Page One story in
Monday's Journal about the
wood-chip mill being built in
Stokes County draws a clear picture of
the conflict between the lumber indus-
try and environmentalists. It's not pret-
ty, but it is instructive.
At its most outrageous, the conflict
pits those who predict the mill, and
others like it, will require the clear-
cutting of up to 10,000 acres against
those who argue that chip mills reflect
the conservative "waste not, want not"
philosophy, making commerce instead
of filling landfills.
Chip mills take the wood saw mills
can't use and make wood chips that are
used in making fine paper, circuit
boards and counter tops. There are 17
of them in North Carolina, plus two
under construction. Together, the 19
mills will have the capacity to produce
6.5 million tons of chips a year. Almost
700,000 tons of chips were shipped out
of the state port at Morehead City last
year, making chips the second biggest
export from the port, after phosphate.
One of the big problems fueling this
controversy is a lack of reliable, accu-
rate, specific information. What kind of
trees and how many are growing in
North Carolina is a guess;' the forest
service inventory is more than 8 years
old. Whether chipping is sacrificing fu-
ture sawmill-quality logs for short-term
profits or providing incentives for
clear-cutting depends on who is asked.
Chip mill owners insist that they pro-
vide a market for lesser quality lumber
that encourages owners of forests to
improve their property, rather than
simply abandon it after sawmill-quality
lumber has been cut from it. They say
that they provide a place for developers
to sell the lumber they clear from devel-
opment property, wood that might oth-
erwise end up in a landfill.
Environmentalists argue that chip
mills, if allowed to flourish unrestrict-
ed, will use up forest resources faster
than they can be replenished. They are
also concerned that the use of hard-
wood trees in the mills could change the
mix of trees in the state's forests. Cut
down oak trees and you reduce the
supply of acorns, with potentially dam-
aging effect on birds and wildlife. Clear-
cutting can increase erosion, which is
bad for both soil and water.
In the eastern part of the state, a
trend has developed that particularly
disturbs environmentalists. In some
places, hardwood trees are being cut
down to feed chippers and are being
replaced by loblolly pines, planted in
rows, like corn. This practice drastical-
ly changes the nature of the forest and
reduces its variety of habitat.
Finally, if you provide a market for
trees cleared from land for develop-
ment, developers will be less likely to
use site plans that call for minimal im-
pact on the land.
Fortunately, cool heads may prevail.
There seem to be a few involved. They
realize that this doesn't have to be an
either/or proposition. Commerce and
enterprise can work side by side with
resource protection and environmental
sensitivity.
It is easier to proceed cautiously than
to attempt undoing damage that might
have been avoided had caution been
exercised. Profit must not be the only
criterion for chip-mill operation. The
catch phrase is ``sustainable develop-
ment," which simply means be careful
with nonrenewable resources and re-
new the renewable ones.
And if you're looking for a concrete
first step to take in resolving this issue,
update the forest inventory so that deci-
sions can be made on the basis of
knowledge rather than hunches.

<(
D c
2:4 :;
74 bb
OCT Q 2 1997
WA I tR QUALITY
SECTION
?11
r?
G
N.0
N- rF L; KI M, QUA, [TV,
vv?

77777774-

tp ©?p
G 'S, `,

Non-Discharge Branch
Wetlands Unit
September 9,1997
MEMO
TO: Preston Howard
FROM: John Dome4?p
THROUGH: Steve Tedder
Dennis Ramsey
RE: Public Hearing request
Godfrey Chip Mill
Stokes County
DWQ # 970725
Attached for your review and decision regarding a Public Hearing is the
application from the Godfrey Chip Mill in Stokes County near the Dan River which was
received today. You may recall that you received a request from the Sierra Club and
other local citizens dated 28 August 1997 with a similar letter sent on 28 August 1997 to
Governor Hunt (attached). Ron Linville (WSRO) has visited the site. Most (all?) of the
impacts are in place - therefore the 401 Certification will mostly be after-the-fact. This
portion of the Dana River (and the UT's) is classified as WS-IV.
Please advise with respect to the hearing as soon as possible. If a hearing is to
be held, I will need to place a hold on the project. We have 60 days for a decision after
receipt of the application (today) unless DWQ decides to have a hearing. In that case,
the clock will be "turned off" until after the hearing. Please call Ron Linville or myself if
you have any questions.
970725.hrg
cc: `-won Linville, Winston-Salem DWQ Regional Office
Central Files
1?y% r\V\,
?- PAGE AS WINSTON-SALEM JOURNAL Tuesday, September 9, 1997
I VEL)
v t 15 1997.
ENWIP,?NM.r `T°L.BCIENCES
-WINSTON-SALEM JOURNAL
A Media. General Newspaper
416-420 North Marshall Street
Winston-Salem, N.C. 27101
JON H. WITHERSPOON
Publisher
•
CARL M. CROTHERS
Managing Editor
•
JOHN D. GATES
Editorial Page Editor
V.C. "PAT" TAYLOR III
FOUNDED APRIL 3, 1897 1 General Manager
N.C. CHIP MILLS
Information is fir st need
Frank Tursi's Page One story in
Monday's Journal about the
wood-chip mill being built in
Stokes County draws a clear picture of
the conflict between the lumber indus-
try and environmentalists. It's not pret-
ty, but it is instructive.
At its most outrageous, the conflict
pits those who predict the mill, and
others like it, will require the clear-
cutting of up to 10,000 acres against
those who argue that chip mills reflect
the conservative "waste not, want not"
philosophy, making commerce instead
of filling landfills.
Chip mills take the wood saw mills
can't use and make wood chips that are
used in making fine paper, circuit
boards and counter tops. There are 17
of them in North Carolina, plus two
under construction. Together, the 19
mills will have the capacity to produce
6.5 million tons of chips a year. Almost
700,000 tons of chips were shipped out
of the state port at Morehead City last
year, making chips the second biggest
export from the port, after phosphate.
One of the big problems fueling this
controversy is a lack of reliable, accu-
rate, specific information. What kind of
trees and how many are growing in
North Carolina is a guess; the forest
service inventory is more than 8 years
old. Whether chipping is sacrificing fu-
ture sawmill-quality logs for short-term
profits or providing incentives for
clear-cutting depends on who is asked.
Chip mill owners insist that they pro-
vide a market for lesser quality lumber
that encourages owners of forests to
improve their property, rather than
simply abandon it after sawmill-quality
lumber has been cut from it. They say
that they provide a place for developers
to sell the lumber they clear from devel-
opment property, wood that might oth-
erwise end up in a landfill.
Environmentalists argue that chip
mills, if allowed to flourish unrestrict-
ed, will use up forest resources faster
than they can be replenished. They are
also concerned that the use of hard-
wood trees in the mills could change the
mix of trees in the state's forests. Cut
down oak trees and you reduce the
supply of acorns, with potentially dam-
aging effect on birds and wildlife. Clear-
cutting can increase erosion, which is
bad for both soil and water.
In the eastern part of. the state, a
trend has developed that particularly
disturbs environmentalists. In some
places, hardwood trees are being cut
down to feed chippers and are being
replaced by loblolly pines, planted in
rows, like corn. This practice drastical-
ly changes the nature of the forest and
reduces its variety of habitat.
Finally, if you provide a market for
trees cleared from land for develop-
ment, developers will be less likely to
use site plans that call for minimal im-
pact on the land.
Fortunately, cool heads may prevail.
There seem to be a few involved. They
realize that this doesn't have to be an
either/or proposition. Commerce and
enterprise can work side by side with
resource protection and environmental
sensitivity.
It is easier to proceed cautiously than
to attempt undoing damage that might
have been avoided had caution been
exercised. Profit must not be the only
criterion for chip-mill operation. The
catch phrase is "sustainable develop-
ment," which simply means be careful
with nonrenewable resources and re-
new the renewable ones.
And if you're looking for a concrete
first step to take in resolving this issue,
update the forest inventory so that deci-
sions can be made on the basis of
knowledge rather than hunches.
A,
10
?O

VEU .
SEP 15 1997.
ENVIP6- k4Ft'TALSCIENCES
Ii
Godfrey Lumber s mill in Stokes County will turn trees that have no value as lumber in
, ?; to components for other products ; .
Chip plant's approval far from certain {
`
By Frank Tursi -
JOURNAL REPORTER v , : •.z? A,i?? ?, ?, r

N e W C IN i
111 I l ..
quality per1rdt from the state..
Th
u
tu

WALNUT COVE p j
ioiia
,?
777 o
gh a,
mor mf;action, it
provides
a
' wa
y to "apublic;';
Bud Connor and KeriBridle -
N c,
4 ;Bearing `
Where
opponents
probably have more'in.2111 :'
ion than either thinks Both i S T O K E
S ROC I N G H A M .
planto raise ,questions 'about'.

are college "graduates; both"
id
th
Site I
M
d the mill s environmental of--'
feels
cons
er
emselves conserva _
tionists; both know their trees. a
ison
a an
M
N Y?
"We ie more interested in

the off sit
i
t
"
id B
i

Connor's a lumberman; Bridle, .
° 1G e
mpac
s,
sa
r
-
dle,, who surveys woods and
a botanist. Both-also look at:
the bare spot' of red clay'that MILES
311 I zzG
W
l
other
areas
r

the bulldozers are creatin u
g p ?;.
' a
nut Cove
1 11, . "I
Germanton • " ..,.ur`ce land trust
We
e look-
ingat9,000
to'10
000acres of
here in. Stokes. County
and see.-
the same thing opportunity 65
52 :
,
clear-cutting "to support' this
m
'

There, the mulan
'stips end
' 311 illThat .wouldn
t normally
bother me,<tiut"these people
To Connor,,the chip
millthat .: F S YT G U I FORD are' targeting' hardwoods.
his company, Godfrey Lumber

Co. in Statesville
is'building
Winston Sa m -
!
What I m finding in the inven-
,
off U.S. 311 near the Roclung
' i?
II j
f tories is that there are very few
good hardwood :stands
ham County line
will provide , w I I sbo around
Piedmont landowners with a 'Most are'in wet spots and
market for their trees that have
no commercial value $ I in more environmentally sensi-

He will buy then' logs; grind JOURNAL GRAPHIC BY JIM STANLEY five areas: '..: ;-
'" .l Bridle and 21 other Stokes
them into quarter-sized chips residents have written the
and ¢tt}p them' on railroad cars to rills in South Carolina, states Division of Water Quality asking for a public hearing
:.w ere.: be turned into Circint boards and counter." before regulators decide'wheth
r't
th
ll
e
o approve
'1 . }. s
e. Fi
ing of
tops. two small 'wetlands'on the'120-acre construction site Six
!
i B
idl
h
'
.11
e, t
r
e clop
mill may give him and other oppo ' environmental groups, . cluding chapters of the N:C Sierra
vents a chance to atr their fear's that this burgeoning sector . Club; have' also
requested a hearing '=
,,
of the largely unregulated tmrber industry is gobbling up fire
state's forests: Godfrey failed to'get the required water x See NEW CHIP MILL, Page A
COASTAL INSURANCE POOL
Plan sends ;"I W.rong-: message
.
t this time last year, word.. as pool that' already provides. honieown-
just starting to come from the ers' coverage on the state's barrier is-
Outer Banks about how bad the lands
dainage really 'was. Fran, which was .'Pushed by Sen. Marc Basnight, from
only a category 3 hurricane, slammed Manteo, and Rep. David Redwine, an
into the coast with a freight-train fury insurance..agent from Shallotte who
that left a $6 billion swath of damage sells coastal insurance, the ."beach
through the heart of Eastern North Car- : plan, as it is called, is kept afloat by
olina - damage anyone who :pays contributions from every company that
homeowner's insurance in this state is offers insurance in the state - whether
still paying for, and will be for a long . that company insures property at the
time. beach or not.
If the pool has losses from a major
J;
-INSURANCE COMPANIES are in
business to make money. To- do that,
they evaluate the risk of insuring some-
thing - a house, a car, a life and
compute that with how large a premium
they can charge.
They then make an educated guess as
to whether they'll profit from the gam-
ble.
'After Fran, many of the major insur-
ance companies - Nationwide, The
Kemper Group, Allstate - announced
they would limit or stop issuing new
polices in North Carolina's 18 coastal
counties.
These companies looked, at the pros-
pect of insuring development on the
Outer Banks and decided it isn't worth
the risk.
They're right.
But government isn't in the business
of making money; it's in the business of
spending it.
,:.On the last day of their 1997 session,
just days before the the anniversary of
Fran's landfall,_state legislators
sneaked a bill through the General As-
sembly that will expand an insurance
disaster, each company will be assessed
based on its share of the statewide mar-
ket. Those companies can then be ex-
pected to pass those costs on to their
policyholders statewide.
But this plan will have a greater cost
than higher premiums. With state-guar
anteed insurance, investors can obtain
loans to continue the explosive, hap-
hazard development of the state's frag-
ile barrier islands.
THE OUTER BANKS can never, and
should never, be Myrtle Beach. Shifting
sands will not support large-scale de-
velopment the current troubles at
the $22 million Shell Island high-rise
should illustrate that.
The beach plan stays solvent only if
there are no major storms. That's a bad
gamble. There will be more storms. The
rest of North Carolina should not be
underwriting coastal property or devel-
opment - that makes neither fiscal or
ecological sense.
Apparently Fran didn't teach the
General Assembly. that.
Maybe the next storm will.

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(D Cc
Cl ID pi 10
(D (D
FOrunl. will challenge
state. to uphold laws
® Davie message: Crack down on polluters
By John Hinton permits are too weak, and the en-
JOURNAL REPORTER forcement
f th
o
ose permits is too
MOCKSVILLE weak."
Environmentalists will call for . The Clean Water Fund of North
stronger enforcement of the state's Carolina, a nonprofit group, helps
environmental laws at a forum communities find solutions for air
Sept. 13 in Davie . ,
1 and water pollution in
County. r
111
their counties. The Da-
The Clean Water vie Environmental
Fund of North Caroli - "Fines are Awareness League is a
na is sponsoring the
- forum, scheduled for too small citizens' group formed
in 1990 to protect the
10 a.m. at the Rotary and the county's environment.
-- Hut on Salisbury }load laws are State officials must
in Mocksville. It is one
of several forums that toughen their enforce-
too weals." ment of environmental
are being held across laws and increase fines
the state. Speakers will Angle Newsome, for polluters who violate
include Angie New- Clean Water water-quality regula-
some and Jacquelyn Fund tions Wayne McDevitt
Pikul, community or-
ganizers for the Clean
Water Fund; and Jona-
than Wishon, a spokesman for the .
Davie Environmental Awareness
League.
State officials are too lenient with
polluters, Newsome said yesterday.
"Fines are too small, and the
laws are too weak," she said. "The
the secretary of the N.C2
Department of Environ-
ment, Health and Natu-
ral Resources, has said.
The most significant environ-
mental problems in Davie County
recently have been a release of sev-
eral thousands of gallons of cow
See FORUM, Page B6

k
is
DEM ID:
947072
CORPS ACTION ID:' 199502477
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 401
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE
%j
1) NOTIFICATION TO THE CORPS OF ENGINEERS ', Q9i 0 Q
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT rl?
PC"
SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
*r?
1. OWNERS NAME: Godfrey Lumber Company, Inc.
2. MAILING ADDRESS:
N. C. 28687
Post Office Box 615 / 1715 Amity Hill Road, Statesville,
SUBDIVISION NAME: Godfrey Lumber Chipml
C131y: Stokes County STATE: North Carolina
ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Project located on Southeast side of U.S. Hwy. 311
4080+ feet East of intersection of U.S.-,Hwy.-311 and N.C. 772
3. TELEPHONE NUMBER (HOME):
(WORK) :
704-872-6366
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
B.W. Connor, Vice-President; Address and Phone same as above
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Stokes NEAREST TOWN OR CITY: Walnut Cove, N.C.
1
#i

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Roanoke 01
Tributary to Dan River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ J NO Fl IF YES, EXPLAIN:
r?
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
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. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): 199502477
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
Request Nationwide 26 for isolated wetland impacts
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
122
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1.0 acre
2
I
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): In order to provide for downstream irrigation pond and to provide
for emergency spill containment yet allow the wetlands to continue to function
with minimal impact
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Have not contacted (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Have not contacted
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [) NO N (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL,
POLICY ACT?
YES (I NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [) NO [ ]
IF ANSWER TO 17b IS YES,-THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
Gupton Associates .A..
Engineering-Planning-Surveying
9 7 0 7 2 5 September 5, 1997
Mr. John R. Dorney, Division of Water Quality
NCDEHNR/R?p ?" S 199j
F??
4401 Reedy Creek Road
Raleigh, N.C. 27607 /ElS
Subject: Application for 401 Certification for Godfrey Lumber
Company Chipmill, Stokes County, N.C.
Dear Mr. Dorney:
Attached please find six copies of the subject application and
site map. Containment structure data as shown on site map was
developed using Malcom chainsaw routing method. Supporting spread
sheet computations are available if needed. We are delivering one
copy directly to the Winston-Salem DWQ Regional Office. Also we
are forwarding the original and a copy to COE.
If you find that a 401 certification is needed for the
provisionally issued Nationwide Permit #14 (issued by COE), please
provide that certification with the requested Nationwide 26 401
certification.
If we may be of further assistance, please advise.
Sincerely yours
aras B: Gupton, P.E.
HBG/la
Enclosures
cc: Winston-Salem DWQ Regional Office
Corps of Engineers
Godfrey Lumber Company
2200 Silas Creek Pkwy. • Suite 2b • Winston-Salem, N.C. 27103 910/723-2459
D&M ID: 97017f 5 CORPS ACTION ID:' i 199502477 -'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 401
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION ??, J
3) COORDINATION WITH THE NC DIVISION OF COASTAL b0XAGMdENT '99l
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Godfrev Lumber ComDanv, Inc.
2. MAILING ADDRESS: Post Office Box 615 / 1715 Amity Hill Road, Statesville,
N.C. 28687 SUBDIVISION NAME:; Godfrey Lumber Chipmill
CTTY• Stokes County STATE: North Carolina ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Project located on Southeast side of U.S. Hwy. 311
4080± feet East of intersection of U.S.- Hwy.•311 and N.C. 772
3. TELEPHONE NUMBER (HOME): (WORK):
704-872-6366
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
B.W. Connor, Vice-President; Address and Phone same as above
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Stokes NEAREST TOWN OR CITY: Walnut Cove, N.C.
1
r-
• I?
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
0.1 EXCAVATION:
FLOODING: 0.4
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.5
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N/A FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STRE.aM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? 125±
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Dam has been placed across the lower end of wetland area to provide for _
spillage containment as needed in an emergency situation. This will not be a
pond,*wetlands still function. Flooding of wetlands will only occur temporarily
during heavy rain falls or in the event of a spill containment. There will be an
additional pond below subject site that is not impacting wetlands. Work has already
been completed on this containment dam.
13. PURPOSE OF PROPOSED WORK: Emergency spill containment basin
3
r,:
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): In order to provide for downstream irrigation pond and to provide
for emergency spill containment vet allow the wetlands to continue to function
with minimal impact
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Have not contacted (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Have not contacted
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO N (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ J NO [ ]
IF ANSWER TO 17b IS YES,-THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
DEM ID: 970 72 5
CORPS ACTION ID:' 199502477
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 401
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
V?'? cF?v
1) NOTIFICATION TO THE CORPS OF ENGINEERS F tip
2) APPLICATION FOR SECTION 401 CERTIFICATION
???,
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGENENT 'n 99
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Godfrey Lumber Company, Inc.
2. MAILING ADDRESS: Post Office Box 615 / 1715 Amity Hill Road., Statesville,
N.C. 28687 SUBDIVISION NAME: Godfrey Lumber Chipmill
CTIFY• Stokes Countv STATE: North Carolina
ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Project located on Southeast side of U.S. Hwy. 311
4080± feet East of intersection of U.S.-Hwy.-311 and N.C. 772
3. TELEPHONE NUMBER (HOME):
(WORK) : 704-872-6366
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
B.W. Connor, Vice-President; Address and Phone same as above
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Stokes NEAREST TOWN OR CITY: Walnut Cove, N.C.
1
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.1 EXCAVATION:
FLOODING: 0.4 OTHER:
DRAINAGE:. TOTAL ACRES TO BE IMPACTED: 0.5
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N/A FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED,
WATERSHED DRAINING TO THE POND? 125±
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL, EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Dam has been placed across the lower end of wetland area to provide for
spillage containment as needed in an emergency situation. This will not be a
pond, wetlands still function. Flooding of wetlands will only occur temporarily
during heavy rain falls or in the event of a spill containment. There will be an
additional pond below subiect site that is not impacting wetlands. Stork has already
been completed on this containment dam.
13. PURPOSE OF PROPOSED WORK: Emergency spill containment basin
WHAT IS THE SIZE OF THE
3

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): In order to provide for downstream irrigation pond and to provide
for emergency spill containment yet allow the wetlands to continue to function
with minimal impact
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES.SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Have not contacted (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Have not contacted
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO N (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES (I NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES,-THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
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GODFREY LUMBER COMPANY
Pinehall Chipmill
September 5, 1997
Operation Guidelines for Spill Containment Facility
1. The sluce gate valve on the spill containment facility shall
remain closed and locked.
2. The spill containment facility shall be checked and drained
after each rainfall event.
3. A rip-rap screening berm shall be placed and maintained around
the spill containment facility to screen and catch loose
chips. The screen berm shall be checked after each rainfall
event and cleaned as needed.
4. In the event a spill should occur the following procedure must
be followed:
(A) Take immediate action to contain spill and eliminate
source.
(B) Notify NCDEHNR, Division of Water Quality, Regional
Office 910-771-4600.
(C) Clean up spillage as directed by NCDEHNR.
5. The company requires that these procedures be actively adhered
to, in order to assure the vegetation in the wetland area
remains viable.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A ' LT'W'*A
qT 0
[D EHNR
August 28, 1997
Godfrey Lumber Co.
P.O. Box 615
Statesville, NC 28687
Dear Sirs:
Re: Road Construction (after-the-fact)
DWQ Project #970725
COE ID #199502477
On 20 August 1997 the Division of Water Quality (DWQ) was notified by receipt of a
copy of your application regarding your plan to fill wetlands for the purpose of
constructing a road crossing for a chip mill facility off of US 311 in Stokes County.
Approval from DWQ is required to disturb these wetlands. The enclosed application needs
to be completed and returned to us with 7 copies of the application, supporting maps and
documentation. In particular as described in 15A NCAC 2B .0502, we will require you to
locate all streams and ponds on the property. Please show these on maps of suitable scale
(for instance 1 "=100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
Please call me at 919-733-1786 if you have any questions or would require copies of
our rules or procedural materials.
Sincerely,
Z
R. Domey
'on Program
ater Quality
cc: Winston-Salem DWQ Regional Office
Wilmington Corps of Engineers
Central Files
Raleigh Field Office, U.S. Army Corps of Engineers
970725.pnd
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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August 28, 1997
Honorable James S. Hunt, Jr.
State Capitol
Capitol Square
R#leigb, NC 27603-5001
Dear Governor Hunt:
We, the undersigned citizens and groups, have discovered in the files of the North Carolina
Department of Environment, Health, and Natural Resources (DEHNR), that C xlrn-y Lumber Company
of Statesville, North Carolina, has constructed two facilities at its Stokes County wood chip mill
construction site without having received two state 401 ceattfications and one federal permit that are
required for these facilities. 'this flagrant disregard for state and federal wetland regulations and the
concern of the undersigned citizens and groups for the health of a tributary of the Dan River and the
integrity of a wetland located on the construction site prompt the following requests for action-
Specifically, we are requesting that DEHNR (a) make a site visit immediately to determine the specific
conditions related to the apparent violations of state law, (b) take appropriate enforcement action to
remedy all violations and restore the site, including appropriate referral and cooperation with the US
Army Carps of Engineers (Corps), and, (c) hold a public hearing at a site in Stokes County prior to
consideration of any future state 401 certification request.
By way of background, let us explain that on April 17, 1995, the Corps issued a Nationwide
Permit No. 14 (Road Crossing) to Godfrey Lumber for the site in Stokcs County. Part of the prntrit
stated, "Your work is authorized by this nationwide permit ----, provided you receive a Section 401 water
quality certification from the North Carolina Division of Environmental Management (NCDEM)." And
fiuther, "This nationwide permit does not relieve you of the responsibility to obtain any required state or
local permit."
Since the construction project of the chip mill began several weeks ago, Godfrey Lumber chose to
dam a wetland located on the site. Although they should have obtained a Corps Nationwide 26 permit
and a Notch Carolina 401 Certification, they did not.
We are concerned that the tributary of the Dan River has been harmed. We are also concerned
the[ the, integrity of the wetland has been compromised. We wish to c onuucnt on these violations in the
public heating requested.
in addition to concerns with current violations of state and federal law, the activities that will be
facilitated by the permits requested by God&-ey need to be evaluated, Our wmn:erm iuvolvc tba myriad
impacts that the timber-cutting activities necessary to feed the chip mill will cause. The United States
Fish and Wildlife Service, in a recent letter to the Corps concerning the potential clTe:ts of the Willamette
Industries chip mill under construction in Rutherford County, lists the following concerns, which we
share; (1) the harvest of "new" (unconventional) species and smaller sizes (younger age classes); (2) the
loss of instate mast-producing tees; (3) adverse impacts (direct, indirect, and cumulative) to threatened
and endangered species; (4) adverse impacts to neotropical migratory birds; (5) the loss of terrestrial
wildlife habitat, especially that of mature forest dwellers; (6) reduced water quality; (7) adverse impacts
to aquatic species and their habitat; and (8) the overall loss of biodiversity_
$ 2027862883
In the only instance when these off-site impacts were allowed to be considered, three chip Mills
deaf Chattanooga, Terlnesstc, went denied permits to operate by the Tennessee Valley Authority and the
Corps. We will be glad to provide the text of that careful analysis of such impacts, which led to that
landmark decision.
Also, we suggest that you, Governor Hunt, approve the public hearing because of the in-depth
study of the cumulative environmental and economic impacts of wood chip mills Quat you have directed
DEHNR to perform, The opinions of the citizens at the requested hearing could provide considerable
guida= to the process of the chip nail study.
Finally, we request the hearing because it's the right thing to do. When so many citizens want to
speak their mind abaft an important issue, they should be heard. We await your reply.
Please direct any return correspondence to Harvard Ayers, 551 Cobbs Creek Road, Boone, NC
28607, 704-262-6381.
Sincerely,
I I f?(W r "" MSA'. vo
Harvard Ayers
cc: Preston Howard, DEHNR
Henry Lanewtar, DEHNR
Dan Whittle, DEIINR
John Dorncy, pEHNR
Ron Linville, DEHNR
W" McDevitt, DEHNR
Joan Weld, Governor's Me
Linda Rimer, Governor's Office
Lark Hayes, Southern Environmental Law Ccntcr
Molly Diggiins, North Carolina Sierra Club
P03
711 following groups have signed on
to this kttcr:
Conwrned Citizens of Rutherford Co.
Lynne Faltraco, Chair
917 Centennial Road
Union Mills, NC 28 i 67
$ 2027862883
Sierra Club Blue Ridge Group
Dr. Ruth Ann Dewel, Chair
P.O. Box 587
Boone, NC 28607
P04
Conservation Council of North
Carolina
Jahn Runkle, President
P.O. Box 3793
Chapel Hill, NC 275,15
Sierra Club Southern Appalachian
Western North Carolina Alliance Save Our Rivers l camgio n Task Fungi
Matt Dietz, Director Margaret Jones, Chair Dr. Harvard Ayers, Chair
70 WoodPn Place, Suite 4C: P.O_ Box 122 551 Cobbs Creek Road
Ashe"IC, NC 28901 Franklin, NC 28744 Boone, NC 28607
$ 2027862883
The following citizens have signed on
to this letter:
Adam Deck Heather Saunders Kelly Dukelow
730 GaSton St. 2709 '/x Clark Avenue 112 Roy E. Brown Road
Raleigh, NC 27605 Raleigh, NC 27607 Vilas, NC 28692
Jennifer Whetstone Donna Risteen William Van De Berg
2008-1) 421 N. 17172 ASU 172 Chandy St.
Boone, NC 28607 Boone, NC 28608 Boonc, NC 28607
Lelania Van De Berg Adam Rowe Lauren Keasler
172 Chandy St. 6112 Ivy Ridge Rd. 2723 Amstel Way
Boonc, NC 28607 Raleigh, NC 27612 Raleigh, NC 27613
Dawn Turner Brandy Maske Kelly Price
P,O, Box 2193 11200 Taylor Road 482-8 Grand Blvd
Washington, NC 27889 Laurinburg, NC 28352 Boone, NC 28607
Ilke 8ehwraa Kirstie Fischer Laura Jordan McKinney
P.U. MY Is 1 440 B (>4k St. 137 C Hamby Alley
Blowing Rock, NC 28605 Boone, NC 28607 Boonc, NC 28607
Chet Jones Vanessa S. Collins Misty Brindle
162 Paul St. Rt. 2, Box 1615 227 Rockford St.
Boone, NC 28607 Columbus, NC 28722 Mt_ Airy, NC 27030
Heather Williams Angie Coffey Gregory Bonito
4146 HighcroR Lane 3002 Laboratory Rd. 4401 Old Colony Rd
ClwM le, NC 28269 Lincointon, NC 28092 Raleigh, NC 27613
David Scluntz Am Eisenhard Erica Lian
2008 wy. 421 N, Apt. 8 1904 Tryon Road 784 Howard St , # 1 R
Boone, NC 28607 New Bean, NC 28560 Boone, NC 28607
P05
Tamara Gabai Stacy Curry Brooke Hatdeel
216 Howard St., Suite 3 677 Camp Dan Valley Rd. 281 R.noty Rranch
Boone, NC 29607 Reidsville, NC 27320 Vass, 'NC 28394
$ 2027862883
Robin McClenny Katherine Cheatham Mary Catherine Dunn
4700 Glen FOtrest Dr, 3605 Carolyn Dr. 1118 Briarcliff Rd
Raleigh, NC 27612 Raleigh, NC 27604 Burlington, NC 27215
Sandy Van Horn Jamie Elizabeth Carroll Chet Jones
20 Adams St. Rt. 1, Box 297 162 Pane St.
Ft. Bragg, NC 28307 Holly Springs, NC 27540 Boone, NC 28607
Josic Sizemore Brian Revell Robin Dale
4807 Hawkwood Trail 18477 ASU 1918-Q Quail Ridge
Winston Salem, NC 27103 Boone, NC 28608 Granville, NC 27858
Beth Lengefeld Chris Becom Elmer Hall
3404 Staliiw Ct_ 1009 Glaicastlc Way Box 233
Relcigh, NC 27613 Raleigh, NC 27606 Hot Springs, NC 28743
Janus Carroll Albert D. Sivils, Jr. Gilbert C. Johnson
Rt. 3, Box 417-C 230 %z Courtland Pl. 99 Hannah Br.
Spruce Pine, NC 28777 Asheville, NC 28804 BomsviIle, NC 28714
Scott Sanderson Lee Barnes Carl J. Silverstein
Rt. 1, Box 400-S P.O. Dox 1303 112 Norwood Avenue
Marion, NC 28752 Waynesville, NC 28786 Asheville, NC 28804
Julie Crawshaw Gene Messick Ron Lambe
P.O. Box 808 213 Birdie Lane 104 Trotter Pl.
Tiyon, NC 28782 Shelby, NC 28150 Asheville, NC 28806
Abby Gage Mike and Eileen Conti Donna and Michael Matarazzo
93 Frisbee Cove Rd. 964 Centennial Rd. 296 Bcdrock Creek
Marshall, NC 28753 Union Mills, NC 28167 Ellcnboro, NC 28040
Debra and George Kraus William Conner Sally and Tellis Conner
182 Laser Drive 2230 Centennial Rd- 2230 Centennial Rd.
Bostic, NC 28018 Union Mills, NC 28167 Union Mills, NC 28167
Susan and Blake nag Mike Fal Taco Don DeBone
2378 Centennial Road 917 Centennial Rd_ 4223 Maple Creek Rd_
Union Mills, NC 28167 Union Mills, NC 29167 Rudxxfordton, NC 28139
P06
V 2027862883
Cheryl McClary Jani Hotuinc Glenda Lang
p O Bqx 3046 1381 CcntGnnial Rd. P.O. Box 1236
Rutherfordton, NC 29139 Union Mills, NC 28167 Rutherfordton, NC 28139
Elizabeth Lang Leona Messersmith Jason Bulluck
P.O. Box 1236 P.O. Box 1236 484 Roxanna St.
Rudwfordton, NC 28139 Rutherfordton, NC 29139 Boone, NC 28607
Jonathan Ward Nicholas Getzen Jennifer Randolph
P.O. Box 2082 225 Walden Lanc 8750 Clovcrficld Dr.
Blowing Rock, NC 29605 Matthews, NC 28105 Kannapohs, NC 28081
Melissa Andrug Donelle Deno Mark Heftier
4308 Oak Hollow Drive 3201 Quail Run Dr- 2008-9 Hwy. 421 N.
High Point, NC 27265 High Point, NC 27265 Boone, NC 28607
Brian Dubberly Matt Godfrey Amy Jesswein
211 Banc Shelton Blvd. 9524 Dccr Spring Lane 95 Brookfield Lane
Boone. NC 28607 Charlotte, NC: 28210 Hendersonville, NC 28739
Mehera Euzor Michelle Lakey Sara Richelson
907 E. Main St. 205 Sampson Rd., Unit 017 255 Bruce Skelton Blvd. # 1 l3
Aberdeen, NC 28315 Boone, NC 28607 Boone, NC 28607
Sate Karahalis J inuuy Ardinger Amy Hughey
145 S. Moretz , Apt. 1 l 853 Russ Cornett 614 C. Wills Forest Rd.
PA-mm. NC 28607 Boone, NC 28607 Raleigh, NC 27605
Neal Wiselbaker Robert Wisenbaker LaVonda Fowler
828 Watauga River Rd. 14019 Hackanwre Df. 121 Christie's Lane
Sugar Grove, NC 28679 Matthews, NC 28105 Boone, NC 28607
Paul Fowler Jason White Holly Mason
512 Fast CA- 1975 River Road 10 Appleeross Rd..
Jacksonville, NC 2822546 Todd. NC 28684 Weaverville, NC 28787
P07
Jill Neustadt Jim & Julie Neustadt Erin McCulley
286 Sll w Drive 235 Valle View Df., Box 2 Box 16854 ASU
Boone, NC 28607 Vilas, NC 28692 Boone, NC 29609
V 2027862883
cocy Zeller Ashley Doar Charlotte Fisher
P-U. Box 848 4800 Colfview Ct_ 620 Lori Lane
Marshall, NC 28793 Charlotte, NC 28227 Mt. Airy, NC 27030

Roberta
Fuller ller Josh Foskctt
170 Whitener Drive Dell Cromer
1929 Cirietown Road, SW
ASU Box
x 1552 NC 28607
Boone Supply, NC 28462
28609
Boone, ,
tti McLamb
Pa john S. Rule Sean Cunningham
1031 Harvey St.
465 Windy Acres Ridge Road 290 Hews CO-
NC 28607
Boom Raleigh, NC 27608
Fleetwood, NC 28626 ,
Taylor Zeigler Shirecn Parsons Paul Holcomb
855 Russ Cornett 551 Cobbs Creek Road 915 N. Elm
Boone, NC 28607 Boone, NC 28607 Greensboro, NC 27401
Danny Smith George Cox Jonathan E- Fowler
401 Ridge St., NW 3820 Wilshire Blvd., #106
P.O- Box 407 Wilmington, NC 28403
Cedar Mountain, NC 28718 Lenoir, NC 28645
Dr. Jeff Boyer
Dr. William Dewel Anthropology Dept-
Chris Turner 1700 Brookshire ASU
472 Hade-Smith Drive Boone, NC 28607 Boone, NC 28608
Bawwr Elk, NC 28604
Canon Ham Minehi Binkley
3807 Lorwin Rd. 1143 Moller St.
Dgrham,NC 27707 Winston Salem, NC 27103
P08
August 28, 1997
Honorable James B. Hunt, Jr.
State Capitol t
Capitol Square ?.,. _
Raleigh, NC 27603-8001=n'` it?°?s1=1
4..' r
Dear Governor Hunt:
We, the undersigned citizens and groups, have discovered in the files of the North Carolina
Department of Environment, Health, and Natural Resources (DEHNR), that Godfrey Lumber Company
of Statesville, North Carolina, has constructed two facilities at its Stokes County wood chip mill
construction site without having received two state 401 certifications and one federal permit that are
required for these facilities. This flagrant disregard for state and federal wetland regulations and the
concern of the undersigned citizens and groups for the health of a tributary of the Dan River and the
integrity of a wetland located on the construction site prompt the following requests for action.
Specifically, we are requesting that DEHNR (a) make a site visit immediately to determine the specific
conditions related to the apparent violations of state law, (b) take appropriate enforcement action to
remedy all violations and restore the site, including appropriate referral and cooperation with the US
Army Corps of Engineers (Corps), and, (c) hold a public hearing at a site in Stokes County prior to
consideration of any future state 401 certification request.
By way of background, let us explain that on April 17, 1995, the Corps issueg a Nationwide
Permit No. 14 (Road Crossing) to Godfrey Lumber for the site in Stokes County. Part of the permit
stated, "Your work is authorized by this nationwide permit ----, provided you receive a Section 401 water
quality certification from the North Carolina Division of Environmental Management (NCDEM)." And
further, "This nationwide permit does not relieve you of the responsibility to obtain any required state or
local permit."
Since the construction project of the chip mill began several weeks ago, Godfrey Lumber chose to
dam a wetland located on the site. Although they should have obtained a Corps Nationwide 26 permit
and a North Carolina 401 certification, they did not.
We are concerned that the tributary of the Dan River has been harmed. We are also concerned
that the integrity of the wetland has been compromised. We wish to comment on these violations in the
public hearing requested.
In addition to concerns with current violations of state and federal law, the activities that will be
facilitated by the permits requested by Godfrey need to be evaluated. Our concerns involve the myriad
impacts that the timber-cutting activities necessary to feed the chip mill will cause. The United States
Fish and Wildlife Service, in a recent letter to the Corps concerning the potential effects of the Willamette
Industries chip mill under construction in Rutherford County, lists the following concerns, which we
share:. (1) the harvest of "new" (unconventional) species and smaller sizes (younger age classes); (2) the
loss of mature mast-producing trees; (3) adverse impacts (direct, indirect, and cumulative) to threatened
and endangered species; (4) adverse impacts to neotropical migratory birds; (5) the loss of terrestrial
wildlife habitat, especially that of mature forest' dwellers; (6) reduced water quality; (7) adverse impacts
to aquatic species and their habitat; and (8) the overall loss of biodiversity.

The following citizens have signed on
to this letter: , .
Adam Deck Heather Saunders Kelly Dukelow
112 Roy E. Brown Road
730 Gaston St. 2709'/2 Clark Avenue
Raleigh, NC 27607
Vilas, NC 28692
Raleigh, NC 27605
s
Donna Risteen William Van De Berg
Jennifer Whetstone 17172 ASU 172 Chandy St.
2008-9 421 N. NC 29608
Boone Boone, NC 28607
Boone, NC 28607 ,
Adam Rowe Lauren Kcasler
172 Ch Vanandy St. De Berg 6112 Ivy Ridge Rd. 2723 Amstel Way
172 Ch
Boone, NC 28607 Raleigh, NC 27612 Raleigh, NC 27613
Brandy Maske Kelly Price
Dawn Turner
11200 Taylor Road 482-B Grand Blvd.
P.O. Box 2193
Washington, NC 27889 Laurinbur NC 28352
b? Boone, NC 28607
Kirstie Fischer Laura Jordan McKinney
like Schwraz
440 B Oak St. 137 C Hamby Alley
P.O. Box 151
Blowing Rock, NC 28605
Boone, NC 29607
Boone, NC 28607
Collins
Vanessa S Misty Brindle
Jones
Chet
s .
Box 1615
2
Rt 227 Rockford St.
PauBoone,l
l S 28607 ,
.
Columbus, NC 29722 Mt. Airy, NC 27030
Heather Williams Angie Coffey
3002 Laboratory Rd. Gregory Bonito
4401 Old Colony Rd.
4146 Highcroft Lane
Charlotte, NC 28269 Lincolnton, NC 29092 Raleigh, NC 27613
David Schantz Amy Eisenhard
1904 Tryon Road Erica Lian
784 Howard St., #19
2008 Hwy. 421 N, Apt. 8
Boone, NC 28607 New Bern, NC 29560 Boone, NC 28607
Tamara Gabai Stacy Curry
677 Camp Dan Valley Rd. Brooke Handeel
281 Rooty Branch
216 Howard St., Suite 3
Boone, NC 29607 Reidsville, N(' 27320 Vass, NC 28394
Robin McClenny Katherine Cheatham Mary Catherine Dunn
4700 Glen Forest Dr. 3605 Carolyn Dr. 1118 Briarcliff Rd.
Raleigh, NC 27612 Raleigh, NC 27604 Burlington, NC 27215
Sandy, Van Horn Jamie Elizabeth Carroll Chet Jones
20 Adams St. Rt. 1, Box 297 162 Parle St.
Ft. Bragg, NC 28307 Holly Springs, NC 27540 Boone, NC 28607
Josie Sizemore Brian Revell Robin Dale
4807 Hawkwood Trail 18477 ASU 1918-Q Quail Ridge
Winston Salem, NC 27103 Boone, NC 28608 Greenville, NC 27858
Beth Lengefeld Chris Becom Elmer Hall
3404 Stallion Ct. 1009 Glencastle Way Box 233
Raleigh, NC 27613 Raleigh, NC 27606 Hot Springs, NC 28743
James Carroll Albert D. Sivils, Jr. Gilbert C. Johnson
Rt. 3, Box 417-C 230'/2 Courtland PI. 99 Hannah Br.
Spruce Pine, NC 28777 Asheville, NC 28804 Bornsville, NC 28714
Scott Sanderson Lee Barnes Carl J. Silverstein
Rt. 1, Box 400-5 P.O. Box 1303 112 Norwood Avenue
Marion, NC 28752 Waynesville, NC 28786 Asheville, NC 28804
Julie Crawshaw Gene Messick Ron Lambe
P.O. Box 808 213 Birdie Lane 104 Trotter Pl.
Tryon, NC 28782 Shelby, NC 28150 Asheville, NC 28806
Abby Gage Mike and Eilcen Conti Donna and Michael Matarazzo
93 Frisbee Cove Rd. 864 Centennial Rd. 296 Bedrock Creek
Marshall, NC 28753 Union Mills, NC 28167 Ellenboro, NC 28040
Debra and George Kraft William Conner Sally and Tcllis Conner
182 Laser Drive 2230 Centennial Rd. 2230 Centennial Rd.
Bostic, NC 28018 Union Mills, NC 28167 Union Mills, NC 28167
Susan and Blake King Mike Faltraco Don DeBona
2378 Centennial Road 917 Centennial Rd. 4223 Maple Creek Rd.
Union Mills, NC 28167 Union Mills, NC 28167 Rutherfordton, NC 28139
r

Cory Zcllcr Ashley roar Charlotte Fisher
P.O. Box 848 4800 Golfvicw Ct. 620 Lori Lane
Marshall, NC 28793 Charlotte, NC 28227 Mt. Airy, NC 27030

Roberta Fuller
Josh Foskett j
Dell Cromer
ASU Box 15520 170 Whitener Drive 1929 Cirictown Road, SW
Boone, NC 28608 Boone, NC 28607 Supply, NC 28462 '
Patti McLamb John S. Rule Sean Cunningham
465 Windy Acres Ridge Road 290 Hews Crl. 1031 Harvey St.
Fleetwood, NC 28626 Boone, NC 28607 Raleigh, NC 27608
Taylor Zeigler Shireen Parsons Paul Holcomb
855 Russ Cornett 551 Cobbs Creek Road 915 N. Elm
Boone, NC 28607 Boone, NC 28607 Greensboro, NC 27401
Danna Smith George Cox Jonathan E. Fowler
P.O. Box 407 401 Ridge St., NW 3820 Wilshire Blvd., 4106
Cedar Mountain, NC 28718 Lenoir, NC 28645 Wilmington, NC 28403
Dr. Jeff Boyer
Chris Turner Dr. William Dewcl Anthropology Dept.
472 Hade-Smith Drive 1700 Brookshire ASU
Banner Elk, NC 28604 Boone, NC 28607 Boone, NC 28608
Carson Ham Minchi Binkley
3807 Darwin Rd. 1143 Moller St.
Durham, NC 27707 Winston Salem, NC 27103
inn yorne
From: James Ronald (Ron) Linville [n1ew331 @wsro.ehnr.state.nc.us]
Sent: Thursday, August 28, 1997 11:50 AM
To: [e-mail]
Cc: "NROAR04/TS19W40" @wsro.ehnr.state.nc.us;
"NROAR04/N1ED706"@wsro.ehnr.state.nc.us; [e-mail]
Subject: FYI - Godfrey Chip Mill
I trust you received my previous voice mail concerning the 404/401
for this project. Since then, I have received calls from Mischi
Binkley and Dr. Harvard Ayers. After discussing the 401 scenario
with them, I think they understand that the impacts are essentially
minimal and that no appreciable damage will be done to water quality
from the actual site construction. They are very much opposed
to chip mills generally and intend to push for a 401 public hearing
in order to get their message out on the bigger issue. Supposedly,
the State will receive a lot of mail on this issue to support enough public
interest to generate a public hearing. During my discussions with
them, I suggested that if their real concern is the overall impacts
from chip mill deforestation that they should indicate that instead
of using the 401 as a hook to draw attention to their real agenda.
(I also notified John Thomas about this situation via voice mail.)
They also suggested that these operations would be utilizing cooling
waters and would discharge tanic water, etc. If that is the case we
should require further information from Godfrey or any other chip
mill prior to permitting or certification. They
are also concerned about the extensive use of well water which has
supposedly caused nearby private wells to go dry at other chip mill
facilities. Dr. Ayers indicated that when the general permit for
lumber mills comes up for renewal that they want to comment about the
permit's inadequacy due to secondary impacts such as stream
sedimentation, channel deforestation, loss of fishery habitats,
inadequate forestry BMPs and timbering in wetlands, so on and
so forth.
They did not seem to be unreasonable people but do seem to be
EXTREMELY concerned about this issue and preserving the people's
right to a reasonably healthy world. Comparisons were made to the
loss of salmon supporting streams in the west due to logging
practices and the move to the recently matured& reforested
eastern states by the chip mill industry. Apparently, they are well
organized and could make an impressive showing.
Not my call, but a public hearing on the overall chip mill industry
could be interesting. Don't think it should revolve around the 401
though. We could find find out about additional water quality
issues, concerns and other pertinent information from a broader
review including forestry practices. Joint effort with DWQ and
Forestry to resolve under DENR?
Contacts:
Dr. Harvard Ayers 704/262-6381
Mischi Binkley 910/777-1812
Ron Linville @ WSRO 910/771-4608 x 265
"One of the penalties of an ecological education is that one lives alone
in a world of wounds. Much of the damage inflicted on land is quite
14,sible to laymen. An ecologist must either harden his shell and make
ffeli&ve that the consequences of science are none of his business, or
he must be the doctor who sees the marks of death in a community that
believes itself well and does not want to be told otherwise."
from Round River by Aldo Leopold
xw?+x+++++w++wwwwwww+wx+x+++++x+xxxxxwxx+xxxx+++x+wwxxxx+x++++xx
North Carolina Chapter
Regional
Groups
Blue Ridge
Boone
Broad River
Shelby
Cape Fear
Wilmington
Capital
Raleigh
Central
Piedmont
Charlotte
Cypress
Greenville
Foothills
Winston-Salem
Haw River
Burlington
Headwaters
Durham
Horace Kephart
Fayetteville
Medoc
Rocky Mount
Orange-
Chatham
Chapel Hill
Piedmont
Plateau
Greensboro
Pinnacle
Hendersonville
Pisgah
Brevard
South
Mountains
Morganton
WENOCA
Asheville
1160
• 1024 Washington Street
• Raleigh, North Carolina 27605
August 28, 1997
b
Preston Howard, Director
Division of Environmental Management
Department of Environment and Natural Resources,
Raleigh, North Carolina
C?
Re.: request for public hearing ?Fs
Dear Mr. Howard:
It has come to our attention that there may be permitting violations associated
with a proposed new high capacity chip mill operation in Stokes County as well
as with an existing Stokes County operation owned by the same company
(Godfrey Lumber). The North Carolina Chapter of the Sierra Club requests that
the Department take the following immediate actions:
1) make a site visit immediately to determine the specific conditions related
to apparent violation(s) of state and federal law
2) take appropriate enforcement action to remedy all violations and
restore the site, including appropriate referral and cooperation with the
U. S. Army Corps of Engineers.
In addition, the Sierra Club requests a public hearing at a site in Stokes county
prior to consideration of any pending or future 401 certification requests from
Godfrey Lumber. Our members live and recreate within the sourcing area of
the proposed new chip mill operation and are concerned by the potential on-site
and off-site impacts to water quality, wildlife and forest resources. Both the
Foothills and Piedmont Plateau groups of the Sierra Club, with a combined
membership of over 1600 members in the northwest and piedmont, have asked
for this opportunity to comment in public hearing. We would appreciate being
notified at your earliest convenience of your response to these concerns.
With regards,
Gordon Smith, Chapter Chair
N.C. Sierra Club
6"1`1&a.- M"o
Paul Holcomb
Chair, Piedmont Plateau Group
m Matthews
Chair, Foothills Group
IV14 /J I?_'
Molly iggins, t5 ate Director
N.C. Sierra Club
To eViore, enjoy, and protect the wild places of the earth;
to practice and promote the responsible use of the earth's ecosystem and resources ...

I
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$` 2027862883
August z8, 1997
Honorable James B. Hunt, Jr.
State Capitol
Capitol Square
RaldA NC 27603-0001
Dom Governor Hunt:
We, the undersigned citizens and groups, have discovered in the files of the North Carolina
Dapu mont of Environment, Health, and Natural Resources (DEHNR), that C xlftey Lumber Company
of Statesville, North Carolina, has constructed two facilities at its Stakes County wood chip mill
construction, Site without having reedved two state 401 certification and one foderal permit that are
required for these facilities. This flagrant disregard for state and federal wetland regulations and the
concern of the undersigned citizens and groups for the health of a tributary of the Dan River and the
intol city of a wctivA located on the construction silo prompt the following requests for action.
Specifically, we are requesting that DEHNR (a) make a site visit immediately to dmnninc the specific
wnditions related to the apparent violations of state law, (b) take appropriate enforcement action to
remedy all violations and restotc the site, including appropriate referral and cooperation with the US
Army Corps of Engineers (Corps), and, (c) hold a public hearing at a site in Stokes County prior to
consideration of any future state 401 certification request.
By way of background, let us explain that on April 17, 1995, the Corps issue a Nationwide
Permit No. 14 (Road Crossing) to Crodfrey Lumber for the site in Stokes County. Part of the permit
stated, "Your work is authorized by this nationwide permit ---, provided you receive a Section 401 water
quality certification from the North Carolina Division of Environmental Management (NCDEM)." And
further, "This nationwide permit does not relieve you of the responsibility to obtain any required state or
local permit,"
Since the construction project of the chip mill began several weeks ago, Godfrey Lumber chose to
dam a wetland located on the, site. Although they should have obtained a Corps Nationwide 26 poraait
and a North Carolina 401 certification, they did not.
We are concerned that the tributary of the Dan River has boon harmed. We are also concerned
that the integrity of the wetland has been compromised. We wish to axrurantt on these violations in the
public hearing requested.
In addition to concerns with current violations of state and federal law, the activities that will be
facilitated by thv permits requested by Godfrey need to be evaluated. Our concerns involve the myriad
impacts that the timber-cutting activities necessary to food the chip null will cause. The United Stales
Fish and Wildlife Service, in a recent letter to the Corps concerning the potential effects of the Willamette
industries chip mill under construction in Rutherford County, lists the following concerns, which we
share: (1) the harvest of "new" (unconventional) species and smaller sires (younger age classes); (2) the
bas of mature mast-producing trees; (3) adverse impacts (direct, indiroct, and cumulative) to thrcateood
and endangered species; (4) adverse impacts to neotropieal migratory hirds; (5) the loss of terrestrial
wildlife habitat, especially that of mature forest dwellers; (6) reduced water quality; (7) adverse impacts
to aquatic species and their habitat: and (8) the overall loss of biodiversity.
P02
V 2027862883
In the only instance when these off-site impacts wtxe allowed to be considered, three chip mills
near Chattanooga,, Terurtssec, wore denied permits to operate by the Tnutcssce Valley Authority and the
Carps. We will be glad to provide the text of that careful analysis of such impacts, which led to that
landmark decision.
Also, we suggest that you, Govertror Hunt, approve the public hearing because of the in.deplh
study of the cumulative environmental and economic impacts orwood clue mills that yuu have duvotod
DEHNR to porform. The opinions of the citizens at the requested hearing could provide considerable
guidww to tt process of the chip mill study,
Finally, we request the hoofing because it's the fight thing to do. When so many citizens wilt to
speak Wr mind about an important issue, they should be heard. We await your reply.
Please direct any return correspondonco to Harvard Ayers, 551 Cobbs Creek Road, Boor. NC
28607,704-262-5381.
Sinocraly,
u 1j
Harvard Ayers
cc: Preston Howard, DEHNR
Henry Lancaster, DEHNR
Dan Whittle, VEHNR
john Dam7, DEHNR
Ron Linville, DEHNR
WAi = P&Mvitt, DEHNR
loan Weld, Crovernar's Office
Linda Rimer, Crcvernor's Oftieo
Lark Hayes, Soua m Environ umW Law Center
Many Dions, North Carolina Sierra Club
P03
The fallowing groups have signed on
to this lctw-
Concerned Citizens of Rutherford Co.
Lynne Faltraco, Chair
917 Centennial Road
Union Mills, NC 28167
$ 2027862883
Siena Club Blue Ridge Group
Dr, Ruth Ann Dowel, Chair
P.O, Box 387
Amne, NC 28607
Conservation Council of North
Carolina
John Runkle, President
PA Box 3793
Chapel Hill, NC 27515
Sierra Club South= Appalachian
Western North Carolina Alliance Save Out' Rivers Fcomsioa Task Force
Matt Dien, Director Margaret Jones, Chair Dr. Harvard Ayers, Chair
70 Woodrin Place, Suite 4C P.Q. Box 122 551 Cobbs Chock Road
Asheville, NC 28801 Franldin, NC 28744 Boone, NC 29607
P04
The following citizens have sgpw on
to this low:
$ 2027662883
Adam Beck Heather Saunders Kelly Dukelow
Ada
Ada Gaston St. 2709 '/: Clark Avenue 112 Roy I,. Brown Road
Raleigh, NC 27607 Vitas, NC 78692
730 Raleigh, NC 7.7605
Whttstvnc Donna Risteen William Van Do Rag
3au?ifcr
jannif 421 et 17172 ASU 172 Chandy St.
2008.9 N,
Boone, NC 28607 BWno, NC 28608 Aocn?e, NC 28607
Adam Rowe Lauren Kessler
Lelania Van De Berg 6112 Ivy Ridge Rd. 2723 Amstel Way
172 ChwWy St. Raleigh, NC 27613
Boone, NC 28607 Raleigh, NC 27612
Dawn Turner Brandy Maske Kelly Price
P.O. Sox 11200 Taylor Road 482-B Grand BIVd-
2193
Washingten, NC 27889 Laurinburg, NC 28352 Boon, NC 28607
like Schwraz Kirstie Fis" Laura Jordan Mckumey
440 B 00k St. 137 C Hamby Alley
P.O. Box 151 Boone, NC 28607
Blowing Rock, NC 28605 Boone, NC 28607
Chet Jones Vanessa S, Collins Misty Bdndlc
Rt. 2, Box 1615 227 Rockford St.
162 Paul St. Mt. Airy, NC 27030
Boanc, NC 28607 Columbus, NC 28722
Angie Coffey Gregory Bauto
He dw Williams 3002 Laboratory Rd- 4401 Old Colony Rd.
4146 Hsghcroft Lane Lincohtton, NC 28092 Raleigh, NC 27613
Charlotte. NC 28269
Amy Eisanhard Erica Liao
David Schantz 1904 Tryon Road 784 Howard St., # 18
2008 Hwy. 421 N, Apt. 8 New Elem. NC 29560 Boone, NC 28607
Boone, NC 28607
Stacy Curry Brooke Handeel
Tamara Gabsi 677 Camp Dan Valley Rd. 281 Rooty Branch
216 Howard St., Suite 3 Reidsville, NC 27320 Vass, NC 28394
Boone, NC 28607
P05
• • '?` 2027862883
Robin McClenny Katherine Cheatham Mary Cothuiac Duna
4700 Glen Forest Dr. 36os Carolyn Dr. l l is Briarcliff Rd.
Raleigh, NC 27612 Raleigh, NC 27604 Burlington, NC 27215
Jamie Elizabeth Carroll Chet Jones
sandy van ROM Rt. 1. Boat 297 162 Park St.
20 Adams
20 Bragg, NSt. C 2$307 Holly Springs, NC 27540 Boone, NC 28607
Ft.
Brian Revell Robin Data
Josie 4807 limo 5iumwarc e Trail 18477 ASU 1918-Q (wail Ridge
Winston Salem, NC 27103 Boone, NC 28608 Greenville, NC 27$58
Beth Lengefeld Chris Becom Elmer Hall
34 Stallion Ct 1009 Glenca de Way Box 233
Raleigh, NC 27613 Raleigh, NC 27606 Hot Springs, NC 28743
Carroll Alben D. Sivils, Jr. Gilbert C. Johnson
Jan= 3, Box 417-C 230 41 CourdwW Pl. 99 Hannah Br.
Rt.
Spruce Pine, NC 28777 Asheville, NC 28804 Bornsvillc, NC 2$714
Scow Sanderson Lee Barnes Cori J. Silverstein
RL 1, Hox 400-S P.O. Box 1303 l 12 Norwood Avenue
Marion, NC 23752 Waynosville, NC 28786 Asheville. NC 28804
Gene Messick Ron Lambe
Julie P.U. Cra crawshshaw 213 Birdie Lane 104 Trotter PL
Box 808
Tryon, NC 28782 Shelby, NC 28150 gshpville, NC 25806
Abby Cagy Mike and Eileen Conti Donna and Michael Matara= 93 Frisbee Cove Rd. 864 Centennial Rd. 296 Dodreack Creak
Marshall, NC 28753 Union Mills, NC 28167 Ellenboro, NC 28040
Mehra and George Kraft William Conner Sally and Tellis Con=
2z3u Centennial Rd 2230 Centennial Rd.
182 Laser Drive Union Mills, NC 28167
Bostic, NC 28018 Union Mills, NC 28167
Poo
Mike Faltraeo ? Ddlona
Susan and Blake King 917 Centennial Rd. 4223 Maple Crock Rd.
2378 Centennial Road Rutherfordton, NC 28139
Union Mills, NC 28167
Union Mills, NC 29167
_. 'b` 202786Z88?
Clary Jani Honrine Glenda Lang
Chery 1381 Centennial Rd. P.O. Holt 1236
P.U. l l M Mc
P.O Bfx 304 304 ,6 NC 28139 Union Mills, NC 28167 Rudierfordtom NC 28139
Ptatherdton
Leona Messcmwth Jam Bulluck
Elizabeth Lang p,O, Box 1236 494 Roxanna St.
P.O. Box 1236 Boom, NC 28607
Rutherfordton, NC 28139 Ruder
Jonathan Ward Nicholas Golsen Jennifer Randolph
P.0.13ox 2082 225 Walden Lane 8750 Cloverfield Ih.
Blowing Rock, NC 28605 Matthews, NC 28105 Kannapolis, NC 28081
Melissa Andrus Donelle Date Mark Hefner
4308 Oak Hollow Drive 3201 Quail Run Dr. 2008-9 Hwy. 421 N.
High Point, NC 27265 Hi Point, NC 27265 Boone, NC 28607
?'
Brian Uubbcrly Metz Godfrey Amy Jcsswoin
211 Bruce She{toll Blvd. 9524 Dcwr Spring Lane 95 Brookfield Lane
Boone, NC 28607 Charlouc, NC 28210 Hendersonville, NC 2$739
Mehera Euzor Michelle Lakey Sara Richelmn
907 E. Main St. 205 Sampson Rd., Unit 017 255 Btuca Skelton Blvd. 0113
Boone, NC 28607 Boone, NC 28607
Aberdeen, NC 283 l5
Sam Karahalis Jin855 Ituny uss Co g 614 A. HuOcr
Forest Rd.
145 S. Moretz, Apt, 11 NC 27605
Boone, NC 29607 Boone, NC 28607 Raleigh,
Robert Wisenbaker LaVonda Fowler
Neal Wisenbaker 121 Christie's Lane 14019 828 Watauga Rivcr Rd. maW Hacltamorc D Bow, NC 28607
Swat Grove, NC 28679 Matthews, NC 28IO5
Jason White Holly Mason
Paul Fowler 1975 River Road 10 Applecross Rd.
512 East Ct. Todd, NC 28684 Weaverville, NC 28787
Jacksonville, NC 2822546
Jim & Julie Nettstadt Erin McCulley
Jit1 Neustadt Box 16854 ASU
286 Sunset Wive z35 'Valle View Dr., Box 2 Boone, NC 28608
Boone, NC 28607 Vilas, NC 29692
P07
e . ' ' V 2027862883 P08
Ashley Doer' Charlotte 1 goer
Cory Ze ff 4800 Gotfview Ct. 620 Lori Lane
P.O. Box 849 Charlotte, NC 28227 Mk Airy, NC 27030
MerahA NC 28793

Roberta Fuller Josh Foskctt
Jos b i?rive
170 Dell Cromer
1929 Cirietwm Road, SW
ASU box 15520 NC 28607
Bo
one supply, NC 28462
Boone, NC 28608 ,
Sean Cunningham
Patti McLamb
465 Windy Acres Ridge Road John S. Rule
294 Hcwa Ctl. 103 l Harvey St.
Rslcigh, NC 27608
Fleet nod, NC 28626 Boone, NC 28607
Shit=n Parsons Paul Holcomb
Taylor Zeigler 5S I Cobbs Creek Road 915 N_ Elm
855 Russ Cornett bonne, NC 28607 orccnsboro, NC 27401
Boone, NC 28607
Jonadmn E. Fowler

mit
anny S
D
h th George Cox

WW
401 RidSc St. 3820 Wilshire Blvd., # 106

4
3
407
Box
PA.
,
NC 28645
LCtwir
0
WilmingtM NC Z9
Color Mountain, NC 28718 ,
Di, Jcff Boyer
William Daml
Dr Anthropology Dept.
Chris Turn"
472 Hadr.,Sruith Driva .
1700 8roaicsbirc
NC 28607
Boone ASU
Boone, NC 28608
Banner Elk, NC 28604 ,
Carson Hem Minchi lditlkley
3807 Darwin F 1143 Moller St.
W?s1,pri $a1et»., NC 27103
Durban, NC 27707

State of North Carolina
Department of Environment,
Health and Natural Resources
James & Hunt, Jr., G ove mor
Jonathan & Howesy Secretary
Steven J. Levitas, Deputy Secretary

A[4j7Lqb*A
E:) EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
I FAX TO: , f - V- ( 1,1 ?,4 I FAX NUMBER: I
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 10

'o
AK FROM : BETH FORAY-DUVRL SIERRA CLUB PHONE NO. :

Regional
groups
Cape Fear
Wilmington
tRpitsl
Raleigh
Central
Piedmont
Charlotte
Cypress
Greenville
Foothills
Winston-Salem
flaw River
surlington
Headwaters
burham
Horace Kephart
Fayetteville
Medoo
pocky Mount
Orange-
chetham
Chapel Hill
Pledmont
Plateau
Creertsbom
Pinnade
Hendersonville
M59fitr
Brevard
South
Mountains
Morardon
WENOCA
Ashevllle
Re., request for public hearing
Dear Mr_ Howard:
1024 Washington Street
Raleigh, North Carolina
August 28, 1997
apter
It has come to our attention that there may be permitting violations associated
with a proposed new high capacity chip mill operation in Stokes County as well
as with an existing Stokes County operation owned by the same company
(Godfrey Lumber). The North Carolina Chapter of the Sierra. Club requests that
the Department take the following immediate actions:
1) mare a site visit immediately to determine the specific conditions related
to apparent violation(s) of state and federal law
2) tape appropriate enforcement action-to remedy all violations and
restore the site, including appropriate referral and cooperation with the
U. S. Army Corps of Engineers.
Tu addition, the Sierra Club requests a public hearing at a site in Stokes county
prior to consideration of any pending or futurc 401 certification requests from
Godfrey Lumber. Our members live and reoreate within the sourcing area of
the proposed new chip mill operation and are concerned by the potential on-sitto
and off--site impacts to water quality, wildlife and forest resources. Both the
Foothills and Piedmont Plateau groups of the Siena Club, with a combined
membership of over 1600 members in the northwest and piedmont, have asked
for this opportunity to corament in public hearing. We would appreciate being
notified at your earliest convenience of your response to these concerns.
With regards,
Gordon Smith, Chapter Chair
N.C. Sierra. Club
Paul Holcomb
Chair, Piedmont Plateau Group
-4 /M4
Matthews
hair, Foothills Group
IW4 0, Molly Aggins/,Iftate Director
N.C. Sierra Club
Rug. 29 1997 12:56PM P1
ro anrf promote tfie rrspoware use of the cam
Blue Ridge Preston Howard, Director
Boone Division of Environmental Management
Broad River Department of Environment and Natural Resources
Shelby Raleigh, North Carolina
T FRO46.dle 9105915882 08-2B-97 07:41AM TO 19197332496 a31 P.1/2 p?
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MKMO RANDUM
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9105915882 08-28-97 07:41AM TO
August 27, 1997
Mr. Preston Howard, .Director
Division of Environmental Management.
Department of Health and Natural Resources
Archdale Building, 512 North Salisbury St
P.U. Box 27687
Raleigh, N.C. 27611
19197332498 a31 P.2/2
Concerned Citizens of Stokes County
Rt 3, Box 68-C
Walnut Cove, NC 27052
910-591-5882
Dear Sir:
As citizens of Stokes County, we are concerned with the development and
operation of the Godfrey Lumber Company hardwood chipping mill under
construction in our county. We are distressed with the construction at the site, in the
floodplain along the Dan River in Pine .Nall, NC. It has come to our attention that
this large facility construction was started without the required 401 permit. Since
this law was violated so early in the history of this facility we are even more
concerned with its ultimate operation.
From our calculations we estimate that this fac'il'ity will need to clear-cut
10,000 acres (15.5 square miles!) of fffrest each year to meet their published
production goals. This is certain to make an adverse impact on the local forests,
which are already suffering from unsustainable levels of logging for timber. We are
concerned about the future of our forests, the duality of the water and soil in our
watershed, and the scenic beauty of our region which is an important recreational
and tourist destination.
We would like to request a public hearing on the impact of this facility at the
current location and the off-site forestry impacts this type of chip mill will have on
our area, before the granting of the permit which will allow this plant to operate.
Thank you for your consideration of our request. Please contact us at the
above address with your decision.
Sincerest regards:
Kenneth & Luann Bridle
R. Michael Bruce
Jay Kinny
Bobby & George Blankenship
Meredith George
Steve & Ceryl Beach
Michael & Martina Moore
Donivan Dale
John Hartman & Kay Richey
Steve & Patty Cole
Sterling & Erica Nicholson
'Cony Mgee & Sydney Hughes
John & Sharon Nygren
Rt 3, Box 68-C, Walnut Cove, N('27052
Rt 1, Box 405J, Danbury, NC 27016
Rt 1, Box 132, Danbury, NC 27016
P.O Box 182, Danbury, NC 27016
lit 2, Box 409, Westfield, NC, 27053
Rt 1, Box 50,.Lawsonville, NC, 27022
Rt 1., Box 380-5, Danbury, NC, 27016
Kt 1, l;ox 254-A, Westfield, NC, 27053
Rt 1, Box 511, Danbury, NC, 27016
Rt 1, Box 390, Danbury, NC, 27016
Rt 1, Box 2281, Walnut Cove, NC, 27052
Rt 1, Box IG, Germanton, NC, 27052
Rt 1, Box 140, Walnut Cove, NC, 27052
SENT BY'Kinko's Copies ; 8-20-97 9:39AM ; Kinko's Durham 1- 9 1/ 4
To: John Donley
Fax A 733-9959 Faf '
Re: Godfrey lumber Chiprmill
Dote: August 20, 1997
Pqw: 4, including this cover sheet.
Attached is the Army Corps of Engineem permit for the Godfrey Lumber Chipmill under
construction in Stokes County. you indicated to me that they have not i"ecelved a NC 401
Certification on this constructioh, so it is out of compliance, Unfortunately, the mad crossing
in question Fias already been constructed.
Please copy any correspondence regarding this matter to : Lynne Fattraco 917 Centennial
(toad, Union Mills, NC 20167
Thanks for your help.
970'725
9'70725
From the daak of...
OIngw Merdn
MF-WMPP iigree Cqh(Xdmte
Duke Urdven,ity
1315 Momwe lid *81
Durham, NG 27785
919 383.1610
Far, gem$Q"b,dukaedu
0
; 8-20-97 ; 9:39AM ; Kinko's Durham 1-
DEPANYMENY OP THE ARMY
'WLMING'KW CISTW r. cows op 1"-NCiIN m
P.O. BOX 1890
WILMINGTON, 140M CAROLINA 264024990
April 17, 1995
9 ;# 2/ 4

Regulatory Drench
ACTION TD: 199502477 and NatLonwide Permit No. 14 (Roe tl'o IV ED
Godfrey Lumber Company APR 2 4 1995
Post Office 4ox 615
statesville, North Carolina 28687 $Y;,
Dear Sirs:
Reference is made to your permit request received an March 17, 1995,
regarding your plans to discharge fill watcrial into the waters and/or
wetlands of an 'uuiamed tributary of Dan River asgooiated with new road
construction for the proposed ?cdfxeyirlsuitiKhr-:Coii?p' iii chip mill facility
located f ";? iligli i? i 3*y, west of Madison, Vtgokga??CQulltNorth Carolina.
Reference is also made to the site ingsection of December 7, 1993, conducted
by Moaars, aohn Thomas and Ken Jolly of the Raleigh Regulatory Field Office
staff at the referenced site. The purpose of this inspection was to review
draft plans.provided by Mr. Mark Doggett (grading contractor for site) for Che
proposed road access work, and to examine the site for waters and wetlands
6ubject to.'Department of the Army permitting authority.
The site -inspection.and plan review Phowed. that tha proposed' road 'would
include a single crossing of as unnamed tributary of the Dan River. This road
crossing-would impact less Chan 0.33 acre of jurisdictional waters and
wetlands on the referenced tributary.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
code of Federal 1ka3rulations (CFR), Pant 330.6, published in the Federal
Register am November 33, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 end Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the united States (including wetlands and other spacial aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United Statcs is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
includir;.g wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the rest-tction of, and to withstand, expected higliflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent,:-i8 part of a single and complete project for crosexng of a water of
the' United states; and .
e.'.• .iF'or, fills in special aquatic sitpR, includ..ng.wetlands, the permittee
noti£ice the District Engineer (DE) in aCeQxdance'with Che V61:ifioatson°
general condition.
Pribedon P-ydedPeow
SaT BY:Kinko's Copies ; 8-20-97 ; 9:40AM ; Kinko's Durham 1-+ 9 ;# S/ 4
J
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Rnvironmental Management JNCDEM). You should contact Mr. aohn
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit doesq not relieve you of the reaponoibility to obtain any
required State on local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur no later than January 21, 1992, It is
incumbent upon you to remain infox=ed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and oondi,ti.ona of this nationwide permit.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. John Thomaa, Raleigh Regulatory Field pffiCe, telephone
[phone].
Sincerely,
Q. Wayne Wright
Chief, Regulatory
Enclosure

Ia7 BY'Kinko's Copies ; 8-20-97 ; 9:40AM ; Kinko's Durham 1- 9 41 4
-3-
Copy Furnishad with Rnvlopursa
Mr. Bryon S. Hobson
Gupton-Poster Aevociates
2200 Silas Creek Parkway
suits 2-8
Kinston-Salem, North Carolina 27103
Copies Furnished wo/Exicloeure;
Doug Millar
Land Qualit}y? Section
North C!axolln: Department of
Environment, #Ialth and
Natural Resources
9025 North Point Boulevard
suite loo
Winston-Salem, North Carolina 27146
Mr. John Parker
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Sax 27687
Raleigh, myth Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of B'nvironmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Ready Creek Road
Raleigh, North Carolina 27607
Regional office Manager
North Carolina, Department of Environment,
Health, and Natural Resources
0025 North Poiiat Boulevard
Suite 100
Winston-Salem, North Carolina 27106