19980143 Ver 1_COMPLETE FILE_19980217

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 12, 1998
Wilkes County
DWQ Project 980143
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Dorothy Johnston
PO Box 1203
North Wilkesboro, NC 28659
Dear Ms. Johnston:
You have our approval, in accordance with the attached conditions and those listed below, place fill
material in 150 linear feet of channels for the purpose of commercial fill at Changing Times Mobile Home lot
on US 421 in Wilkes County, as you described in your application dated February 12, 1998. After reviewing
your application, we have decided that this impact is covered by General Water Quality Certification Number
3108. This certification allows you to use Nationwide Permit Number 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. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification. This certification replaces the one issued on
May 12, 1998.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be. given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. 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) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Deed notifications or similar mechanisms shall be placed in lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or impact. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later).
Applicant is also required to pbtain written approval for stream impacts from Wilkes County before
stream impacts occur.
A 30-foot vegetated buffer must be maintained along the remainder of the stream
Any future wetland or stream impacts will require additional approval for DWQ.
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 conforming 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.
This letter completes the review of the Division of Water Quality under Section 401
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 Domey
Central Files
of the Clean Water
P.E.
980143.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Eric G
From: John_D
Sent: Wednesday, June 03, 1998 9:56 PM
To: Eric_G
Subject: FW: Changing Times Mobile Home Sales 401 Errors
Please handle. Thankx
-----Original Message-----
From: James Ronald (Ron) Linville fSMTP:RON [e-mail] <mailto:>
Sent: Tuesday, June 02, 1998 2:56 AM
To: John Dorney
Or?'E(?11J
Subject: Changing Times Mobile Home Sales 401 Errors
Wilkes County DWQ # 980143
401 indicates 150 ft. of stream and 0.6 acres of wetland fill as approved. Only 401 certified impact should be for stream. Other 0.6
acres will take most of remaining wetlands on site (have not been impacted and that remaining area is what I suggested we try to
preserve).
Also item #1, "44" Permit should be 404.
Recommendation: We should correct, resend and delete the 0.6 acre from the 401.
1
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
4 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 12, 1998
Wilkes County
DWQ Project # 980143
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River
Buffer Rules
Ms. Dorothy Johnston
PO Box 1203
North Wilkesboro, NC 28659
Dear Ms. Johnston:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 150 linear feet of channels and 0.6 acres of wetlands at Changing times Mobile Home lot on US421
in Wilkes County, as you described in your application dated February 12, 1998. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This
approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, ycl 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.
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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application.. If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within
30 days of the date of this letter or the issuance of the 44 Permit (whichever is later).
2. Applicant is also required to obtain written approval for stream impacts from Wilkes County before stream
impacts occur.
3. A 30-foot vegetated buffer must be maintained along the remainder of the stream.
4. Any future wetland or stream impacts will require additional approval for DWQ.
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.
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.
inc r ly
oward, Jr.?. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
John Dorney
Central Files 980143. Itr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50%a recycled/10% post consumer paper
MEMORANDUM PRINT NAMES:
Reviewer: TO: JOHN DORNEY WQ SUPV.:_ _
ENVIRONMENTAL SCIENCES BRANCH DATE: G oZ?-
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE ??
RCD_FROM _CDA:
REG OFFICE:
98 PERMIT NO: 0000143
DOROTHY JOHNSTON
COMMERCIAL FILL
APP
WSRO
COUNTY: WILKES
PERMIT TYPE:
DOT Ik :
DATE FRM CDA:
RIVER AND SUB BASIN J: 030701
STREAM CLASS: WSIV
WL_IMPACT? : Y/N
WL_REQUESTED : iU 0 --Q,
WL_SCORE M : /1/
MITIGATION? : Y/N
MITIGATION SIZE:
STR INDEX N0: 12-(34)
WL TYPE : tiJ
WL_ACR_EST?: Y/N
WATER IMPACTED BY FILL?: 9N
MITIGATION TYPE: X
DID YOU REQUEST MORE INFO?: ON
IS WETLAND RATING SHEET ATTACHED?: Y/D

HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : _ /F 7? p p /ryi a • ?/ GJ ; ?? f' ?EZT?
CC: Regional Office
Central Files
Ye,

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
LAND QUALITY SECTION: 585 Waughtown Street .irwonSalem, NC 27107 [phone]
) -W 0kJJ 4-r ll ? r
County ?•' /° -e- s Pro?• jt: Jr-* River Basin ?, •
Person Financially Responsiblo Y'wi o +? s y
Address U !' .9 L D L./ ' e s b or o /!/ C? 6 t
1. Project Locati Z Pictures: Yes ? No Prints a Video
2. Weather and Soil Conditions o t
3. Is site currently under notice of violation? Yes ? No
4. Is the site in compliance with the S.P.C.A. and rules? Yes ? No If no, check violations below:
5. Violations:
? a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C 4B.0007(c)
. Inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. 113A-61.1 LJ h. Graded slopes and fills too steep,
c. F ailure to submit revised plan, G.S. 113A-54.1(b) and G.S. 113A-57(2) or 15A N.C.A.C. 4B.0024(d)
15A N.C.A.C. 4B.001 8(a) ? i. Unprotected exposed slopes, G.S. 113A-57(2)
? d. Failure to provide adequate groundcover, G.S.113A-57(3) and ? j. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0007(b) or 15A N.C.A.C 4B.0024(e) 15A N.C.A.C. 411.0013
?? Insufficient measures to retain sediment on site, G.S. 113A-57(3)
)
? k. Other(describe
tJ i Failure to take all reasonable measures, 15A N.C.A.C.4B.0005
6. Has sedimentation damage occurred since inspection? Yes If yes, where? (check all that apply): No ?
?
Lake/natural watercourse on Chi; tract Lake/naturwaterco
x" off the tract ? Other ro rty
r k / ° ?+ ?/? S
4
Description ? Al., c
Degree of damage: Slight ? Moderate Severe
7. Contact made with (Name) Title
Inspection Report given ? or sent to Person Financially Responsible. Date giver s n f - Z 3
8. Corrective actions needed:
O Y- a d've .c 4 // Lrv?1- I s 1-41 1/ r 3eo 1) 10 J- .,//'-- 'C?
.f T r c a •k. /T !?/ e ?? 4 d? .c r e/ 4 ? ? t o s.? s/o,p ??. /?/?
3 ! /y a e S ??L 6!' sb •G'a 4 sY?? li.c L .P ?i 7`'T z '? Zo4 C
1001,
er GOvr
Comments:
T! Lvo ' 0'! e -0! ?l.eoX - e4 71- </v d `, Are-4-
/011 '? Gt E D+'? S ?Ii?«•?CGC OYc r /`OOH Tro••. ?O.P?
JV IV

Report by,
Date of Inspection Z- 3- 9 Time arriving on site
Others Present
//- 'low
Time leaving site
cc:

F
COUNTY OF WILKES
WILKES COUNTY
PLANNING DEPARTMENT
110 NORTH STREET
WILKESBORO, NORTH CAROLINA 28697
[phone]
FAX [phone]
.o e'
April 6, 1998
Mr. Ron Linville
NC Department of Environment & Natural Resources
Division of Water Quality
585 Waughtown Street
Winston Salem, NC 27107
Re: W. O. Johnston
Dear Ron:
Following your contact with our office several weeks ago and notification of a possible
violation of the Wilkes County Watershed Ordinance at the W. O. Johnston property on
U.S. Highway 421 near Brown's Ford Road in Wilkesboro, we did investigate the matter
to determine the nature of the complaint. Mr. Eddie Barnes and myself, from the Wilkes
County Planning Department, along with Mr. Anthony R. Triplett, Wilkes County
Attorney, made a site visit to the property on Friday, March 27, 1998.
It appeared to us,from what we could determine, that the 'small stream which runs at the
rear of Mr. Johnston's property is a "perennial water" within the meaning of Section
155(A) of the Wilkes County Watershed Ordinance. This stream is fed by one or more
springs which seem to originate under or adjacent to U.S. Highway 421 and water flows
down the stream along a fairly well-defined path before intersecting another stream to the
east. Additionally, Mr. Bill Church, who owns the adjoining property and has lived there
for over 50 years, told us that one of these springs used to supply drinking water for his
house and he stated that, as far as he know, water ran in this stream pretty much all year
round.

Mr. Ron Linville
April 6 1998
Page 2
It also appeared to us that there is an area of exposed dirt next to this small stream,
consisting of an embankment at the rear of Mr. Johnston's property and an area where
soil has apparently been dumped over the edge of the embankment. This exposed dirt
does lie within 30 feet of the stream.
A culvert has been installed at the rear of Mr. Johnston's property, for a distance of
approximately 200 feet, through which this stream now passes. The dirt which was
placed over the top of the culvert has been seeded with grass, but the above mentioned
exposed embankment and area of dumped dirt is bare and has no grass or other vegetation
growing on it.
It appears to us that Section 155(A) of the Wilkes County Watershed Ordinance would
require a 30-foot vegetative buffer be placed along this stream at the rear of Mr.
Johnston's property. The County would consider Mr. Johnston to be in compliance if he
could simply plant some grass or other type of ground cover on all exposed dirt areas for
a distance of 30 feet from the stream (or from the culvert through which the stream
passes).
I hope the above information is helpful and I would ask you to please feel free to give us
a call if we need to provide anything further.
Yours sincerely,
Jim Absher
Zoning Enforcement Officer
JA/rfr
cc: Anthony R. Triplett
County Attorney
From: Self <NR0AR04/N1EW331>
To: [e-mail]
Subject: 401 Reports
Send reply to: [e-mail]
Date sent: Fri, 24 Apr 1998 09:32:45 +0000
Project-Davidson Coun
plan. ease p M
Project-Wilkes County,
has been determined by
will require 30' buffer
following requirements
modifications!):
a new
WQ980143, Dorothy Johnston resolution: This
County of Wilkes to be perennial and therefore
. Please send letter to Mrs. Johnston with the
(DO NOT CHANGE other than verbage
1. Applicant may leave pipe in place providing that the 30 foot
vegetative water supply buffer is established after DLR's required
sloping and stabilization is completed (under NOV w/ DLR also).
Additionally, the applicant has the option of either installing a wet
retention pond out of the wetland/stream area or providing a
conservation easement for the remaining portions of the stream and
wetlands on site. Give a date for pond or easement to be provided
by , 1998.
2. As another option, the applicant may remove pipe and stabilize per
DLR's requirements and notify DWQ that permit and certification are no
longer needed.
3. Applicant should be informed in letter that any future impacts to
wetlands or waters will require proper application/notification and
permit/certification issuance PRIOR to work beginning.
Hard copy of this will follow. Call if any questions. Wife is sick
so I will be leaving today at noon.
James Ronald (Ron) Linville -- 1 -- Fri, 24 Apr 1998 09:32:58
March 28, 1998
Mr. John R. Dorney
Water Quality Certification Program
NCDENR
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Re: DWQ Project # 980143
Dear Mr. Dorney:
f? 4
APR
a - 21998 1?
I am in receipt of your letter dated March 12, 1998 concerning my properties in Wilkes
County. I was out of the state for most of the month and did not receive your letter until
recently.
I feel the need to reiterate to you that at no time was there ever a pond on my property
and I disagree that this area is a "wetland". Mr. Nichols, the farmer adjoining this area,
had a small pond on his property, until 18 years ago when the silt from the former owner
of my property filled in the area. This does not make it a "wetland". I am not willing to
provide any stream restoration because it is not necessary. The area is not a wetland.
I am willing to make modifications to the proposal, i.e., providing a stormwater pond to
protect downstream uses, providing I will then have the use of 100% of my properties
(piping and filling the area you claim is a wetland). I telephoned Ms. Lisa Martin as you
requested but she has yet to return my call. I spoke with Mr. Ron Linville who informed
me he is trying to work out a solution with you.
I do wish to pursue this project and I do not want to consider it withdrawn. I would like to
have this matter resolved as soon as possible. I look forward to hearing from you.
Sincerely,
Dorothy N. Johnsto
P. O. Box 1203
North Wilkesboro, NC 28659
cc: Mr. Ron Linville
Eric G
From: James Ronald (Ron) Linville [RON_LINVILLEOWSRO.ENR.State.NC.US]
Sent: Friday, April 24, 1998 2:33 AM
To: [e-mail]
Subject: 401 Reports
Project-Davidson County, Hampton Hills will be resubmitting a new
plan. Please place Wg980249 on hold as we are waiting on new
information. Need to-do-this-by letter to them!
Project-Wilkes County, WQ980143, Dorothy Johnston resolution: This
has been determined by County of Wilkes to be perennial and therefore
will require 30' buffer. Please send letter to Mrs. Johnston with
the following requirements (DO NOT CHANGE other than verbage
modifications!):
1. Applicant may leave pipe in place providing that the 30 foot
vegetative water supply buffer is established after DLR's required
sloping and stabilization is completed (under NOV w/ DLR also).
Additionally, the applicant has the option of either installing a wet
retention pond out of the wetland/stream area or providing a
conservation easement for the remaining portions of the stream and
wetlands on site. Give a date for pond or easement to be provided
by , 1998.
2. As another option, the applicant may remove pipe and stabilize
per DLR's requirements and notify DWQ that permit and certification
are no longer needed.
3. Applicant should be informed in letter that any future impacts to
wetlands or waters will require proper application/notification and
permit/certification issuance PRIOR to work beginning.
Hard copy of this will follow. Call if any questions. Wife is sick
so I will be leaving today at noon.
ea.,?u all-
0A
?°
?? j
John D
From: James Ronald (Ron) Linville [[e-mail]]
Sent: Thursday, March 19, 1998 2:23 AM
To: John Dorney
Subject: Dorothy Johnston #980143 Wilkes Co
If I haven't told you earlier, this needs to be placed on hold. County Watershed people and County
attorney are looking at site today or tomorrow to determine if buffers will be required. As soon as I know I
will send report and recommendations to you. I will probably recommend that applicant provide a
conservation easement on wetland downstream instead of a detention pond plus whatever buffer the County
recommends. Several reasons for this which I need to discuss w/ you reference DOT 421 future impacts to
site which will also pipe spring source of this trib. when DOT work is done. Wetlands off this property
might be useful for mitigation by DOT and then the entire wetland would be preserved.
Later, Ron

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A
WNR
NORTH CARouNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 12, 1998
DWQ Project # 980143
Wilkes County
CERTTFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Dorothy Johnston
PO Box 1203
North Wilkesboro, NC 28659
Dear Ms. Johnston:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 200 linear feet of
streams and 0.06 acres of wetlands and/or waters located at Changing Times Mobile Home lot on US 421 in Wilkes
County for commercial development. Based on this review, we have identified significant uses, which would be
removed or degraded by this project. These uses are aquatic life uses in the channel. Furthermore, insufficient
evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 214.0506. Therefore, unless modifications of the proposal are made as described below,
we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H.0507(e) and will place
this project on hold as incomplete until we receive this additional information. Until we receive additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C.
Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can
you construct your development by providing a stormwater pond to protect downstream uses? Also compliance with
the water supply rules is not clear. Please contact Ms. Lisa Martin at 919-733-5083 in this regard. Any
documentation such as maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described
in 15A NCAC 2H .0506(h) at a 1:1 ratio for the stream culverting- that is, 200 feet of stream restoration will be
required. Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Mr. Ron Linville, Winston-Salem Regional Office at 585 Waughtown Street, NC 27107. If we do not hear
from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
cc: Winston-Salem DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
1' 1 John Dorney
Raleigh Field Office Corps of Engineers
Lisa Martin
V Sin re
Jo R. Dorney
Wat r Quality Certificatio ram
980143.nty
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
From: James Ronald (Ron) Linville [[e-mail]]
Sent: Thursday, March 05, 1998 6:11 AM
To: John Dorney
Subject: RE: Dorothy Johnston / Wilkes County NOV, #980143
Eric Fleek has seen site also. If we issue will they
need to put in a pond? I need some time to work thru this. It ain't
that big a stream but need to resolve WS-IV issue with locals. Eric
might offer you some insights if you bump into him.
From: "John Dorney"
<[e-mail]> To:
"'Ron_Linville@ WSRO.EN R.State.NC. US"'
<[e-mail]> Subject: RE: Dorothy
Johnston / Wilkes County NOV, #980143 Date: Thu, 5 Mar 1998
13:17:56 -0800
p.s. crayfish tunnels are in the floodplain i assume. i would say they do not indicate perennial flow in the stream itself.
the tadpoles are a good indicator though.
-----Original Message-----
From: James Ronald (Ron) Linville [SMTP:[e-mail]]
Sent: Thursday, March 05, 19983:49 AM
To: John Dorney
Subject: Dorothy Johnston / Wilkes County NOV, #980143
Please place on hold until I can get answer from Water Supply Admin
in Wilkes Co.
Have tried to get in touch with Water Supply
administrator on this WS-IV trib. No luck so far. Have also talked
to John Thomas and he will be visiting on 18th to determine if any
mitigation needed from COE perspective. Found bull frog tadpoles in
a pool associated with stream and a few crayfish tunnels. Also a
small spring recharge in middle of pool. Area appears to be
generally blasted and will be impacted by REAL road widening for 421
so DOT will likely take what is left of headwaters above the pipe
Johnston installed.
If locals do not claim perennial buffers, suggest we consider
issuance with not in kind mitigation by presaervation of a wetland
downstream of pipe he installed. At least the part Johnston owns
which is about 1/4 of wetland, maybe 1/3 acre. The last lot fill has
been covered with some gravel. Will we require a detention pond for
this impact? Only place for it would likely be in existing wetland
area. Sort of looks like and old pond site to me but it is not
entirely on his property. I have requested that John Thomas discuss
with DOT the potential of purchasing the entire wetland for 421
mitigation when he meets with them on 18th so it does get more
complex. Johnstons are aware of this.
Best way to play this may be to require pond and wetland preservation
then see if they want to leave pipe in place or remove it. Then DOT
could do whatever. Any ideas or suggestions?
Joh
From: James Ronald (Ron) Linville [[e-mail]]
Sent: Thursday, March 05, 1998 3:49 AM
To: John Dorney
Subject: Dorothy Johnston / Wilkes County NOV, #980143
Please place on hold until I can get answer from Water Supply Admin
in Wilkes Co.
Have tried to get in touch with Water Supply
administrator on this WS-IV trib. No luck so far. Have also talked
to John Thomas and he will be visiting on 18th to determine if any
mitigation needed from COE perspective. Found bull frog tadpoles in
a pool associated with stream and a few crayfish tunnels. Also a
small spring recharge in middle of pool. Area appears to be
generally blasted and will be impacted by REAL road widening for 421
so DOT will likely take what is left of headwaters above the pipe
Johnston installed.
If locals do not claim perennial buffers, suggest we consider
issuance with not in kind mitigation by presaervation of a wetland
downstream of pipe he installed. At least the part Johnston owns
which is about 1/4 of wetland, maybe 1/3 acre. The last lot fill has
been covered with some gravel. Will we require a detention pond for
this impact? Only place for it would likely be in existing wetland
area. Sort of looks like and old pond site to me but it is not
entirely on his property. I have requested that John Thomas discuss
with DOT the potential of purchasing the entire wetland for 421
mitigation when he meets with them on 18th so it does get more
complex. Johnstons are aware of this.
Best way to play this may be to require pond and wetland preservation
then see if they want to leave pipe in place or remove it. Then DOT
could do whatever. Any ideas or suggestions?
s ? f
February 12, 1998
Mr. John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Changing Times Housing property
US 421, Wilkesboro, NC

Dear Mr. Dorney:
Enclosed please find copies of valid building permits from Wilkes County to me prior to
the Watershed Act. Also, enclosed please find the Pre-Construction Notification
Application.
The 36-inch drain pipe was placed on my property for two reasaons: (1) to make
possible the expansion of the mobile home sales lot while my building permits were
valid, and (2) notification by DOT that they would be taking a large portion of my land.
Please note the copies of Wilkes County correspondence and valid building permits, as
well as the DOT map which shows that they plan to take 175 ft frontage and a depth of
100 ft due to the wet weather drainage ditch along my property. Also, I have a small
spring that enters-into this same ditch.
Regarding the so-called "wetlands", this area is only silt which washed down prior to my
purchase of these properties in 1980. 1 admit that it is possible that during the last 20
years some of my silt washed into this area. From the beginning it has been my intention
to pipe and fill all of my properties.
The property which DOT plans to take cannot be replaced - not front, rear, or side. I was
only trying to salvage my property and did not realize my actions were in error if my
building permit is not valid. Mr. Ron Linville met with me recently and suggested that
should submit an application in order to clear up this matter rather than removing the
pipe.
Thank you for your attention to this matter and I look forward to hearing from you soon.
Sincerely,
Dorothy N. Jo nsto
P. O. Box 12 3
North Wilkesboro, NC 28659
[phone]
cc: U.S. Corps of Engineers

CZRPS AC:=CN .D:
.m=-ON-wiDE Dz.'m-_: R=XL??_=C =ROV_ ?E "'.' ") .
PRE -CONS T tUC77-O NOT !" i C T i ON Pp p t i L.."T'_O
FOR IL?TIODt w Jr. ?? ' _ S '."?? . R ; uz,_Rz :
1) NCT= C: cx no CLAPS Cr == = -.s
2) X2P=C;,=_'^.x 13"CR S= =01T 401 C_==:F=C.AT_CN
3) C^.C_?.7r?:=Cx nom= m-7 NC n v'1S1cn. C: c=Az kL 7':'
SAM fi=. CR=GMTA:. AND (1) CCP': OF Z 3 CC%T== Fomm _C s'i=-CPF
C_=- _ CCFLS C_ AGMTC'*Z A OREScS
?)
OPIES SHOULD BE SENT TO THE N.C. D_v_3=0N OF .q =RCIvM__NT' z
?AGMNCY ADORESSZZ Sl,__;__,_r__)
1. CWKERS NAME Dorothy N. Johnston
2. M =IVG ??DFc? P. O. Box 1203
SURD=-v:-c_ON
C--"_v-:.N_ Wilkesboro STATE: NC Z=? CEDE: 28659
01 EC: LOC_ TION ?CDR _S, I;Ilcz O_NG Su'c0:v===CN M LM E (_= D== r'2.=7,
=?C
YZ,L=?QG ;LDDR_°SS .=.rOV=)
. GAP attaehPr7 man
US 421 West of Wilkesboro

[phone] (WOR,C) :
4.r.?DLIC:=:LE: aG?V:'S N?u= OR RES?ONS=2=C CCR_OR?E CF==CI_'=, ??DPrS:,
p C?? N-w-M E. R:
S. LCC_ TION OF wcR:{ (?:c04?DF F I???, go^:I:?e'?=.:sY r COoY OF GSG-, TC_CGi.17 C
MA= OR ALEZ-, IT SCALZ)
COGNTY: Wiles NE_?R:ST TOWN OR C_=Y: Wilkesboro
Post-it® Fax Note 7671 Date ' Z7 cfe paoged,
To From / C L
Co./Dept.
J co.
Phone # Phone # ? J 3 J
l f
Fax # - ? -1 I(A Fax #
w +
S-rE'C=YC LCC??=CN (=NC??,DE ROF?
NL"L--- ERS, LIUMM3?x,S, ETC. ) : _Changing Time's Mobile Home lot
US 421 West of Wilkesboro, NC - East of NC 16
E. •nu?aC.=? OR NL??S: S:Er `F/?v??: Gf •.? `? f f

?G. •.S PR0jE?-- jVC.- __D N-L: R W: a C_'Zarm" _:SCV'"
F._e Qc-=- CUTS.. vD_NG :c=SCcRC= W =« (GRH) , F'A-
5:,?_EY (wS-_ CR fX1 NC ( I I =-^ l/
iC. D=v=S'- C- CC??_
??=V G=.`*=VT t:_= 0= ENv--Rcl. CCNCE=?J (-=•=} . _?S ( I vV0 (XI --
iC. IF T paC??.._ _.. I:CC.= =D_.N 'CO??: CCGN`_' (Sc. c G' i FOR
-== OF C rte= _. CC-UN=--S) , Fi._? TF.= =!TD USE-
404 -OR CASE ON
T•`-=- PROP=R_v- v-C I yNC (x1 _= y-- _ ~CG_OE
.r"i.OGS --=p`=- 1 -TO T- D__=C?_- Oc
(.NC=uuL .:„T000PY 0c 40_
C:... __ _ V= ON
8c . t? =tiE r?DI _GN?. F ??M?: REYuES _S E:?=_CT°_D FCR -7: v _V T
:uTCRE-? vES ( I NO (X I DESC ZBE iVT=C=??_ED WORK:
9a. ESTIMATED TM IL NL"I-jBE,-k OF ACRES IN. TRACT OF *tD: 22 acres
Ci+. EST -?rFD TCT=T. NUMBER O ACRES OF WEZIAND.S L-C.:_=EJ CN PROCLCT S_=E.
None - silt in the area prior to 1980 when I purchased land. Max
area in question is.50 X 50 only.
2
.Oa. Nu E3 CF aC_ CE Wr.C -VDS EuD?C'_EJ 8Y :E:: ?ROPO cJ P OCEC: BY:
LL_NG: 50 ft X 50 ft ,
EXc: tr_cv:
?GOD_NG:

OTHER :
t.(=s .o ZZ MfPAc= : 50 ft X 50 ft
.Ob. (I) STP==u C: 4-NEz :O HE ?uo?C^_rD 3`_' :E E °QOFCSED PQOjcC:
__VCE 30=- BE= OR r AND
--'TGTE BEFORE: ,2 o-t) '"' 3T°_3: ,2-,9-V t TE BEFORE (zase: cr. ac_.,a? high water c_rt--a=s) . i Z. _T
Z- a FT
CPE_`t C _ NNE , AE::,C?- CY: 2_ MIF_''d: CE' P--_ _V C._ y'?iEr : Y
C: *TNEy E.iC G_'-»=CiI: CCNS_:RuC:=CN OF D `?lc?CCO=VC
C 7 -2?:
C"NS_3.7uC_=C4NT 0= ?CND =C PBC=OSEJ, Wr == C .<-rZ77 O; _ :-
W= ==RS ~D DEELAL=NG TO T:-. POND?
-._. TH Z POND
I=. DESCR=?T_CN OF
:=C%CS=O F+Cit:?: :NC_uD.NC- D.SC'JSS.ON CF =`__= C.
L=C ?*i.C_'_-. EQG==???1_ TO BE USED (?C= C PL?NTS: 8 112" X 11m LDR;_W ? VGS
ONLY) .
bulldozer and trackhoe -
? - - PURPOSE OF PROPOSED SvORK: I do
• 3

F.=.-SONS wr.'_' -= _--=7r0 =:_» T::=C t1C=_v_.Y MUST MMUST BE C_'-ARL=D
CG. rY ?T?.=NDS. {=NC?3DE ??v _' ?-?G'r... T??Y TO 2??Y???E -'"-•
rv? C:S}
See attached DOT map for highway expansion along US 421. DOT
shows they are going to take 175 ft frontage and a depth of
100 ft because of the drain ditch beside my property. This
action will put the mobil home lot out of business. They have..
approx. 10 yrs left on their lease.
`IGG :? R ;?C=_==D TO CCN':' C= .::... G. S . c =_._ ? VDLDL= S=R77 .C?
(GScivS) ?ND/OR N .=CNr? ???=u-?t? _--: -3._.. Sc=L_CE (ScE sC-. TC1
:?D.rt_ ?CTYC- OS W==DE _.•L. ED OR
OR
:3C9CS-c0 SCR L.___VG EVD?NG"=_ C3 T --?»HL`T Sr_.._-_ AN-
=c.-=- -°=L'- !Tr = =L == =---::°_0 EY =?? :=cCPQ.SE:?
?C : R__?JN.: _..
CCN'2 C..O: wat weather ditch & my spring wat°r (= --- ? ` -
YCG r_t. z;-C--LC TO CCN= _C_ Cc__CS=
{= ==C) (S=- Cw`TCY L.DDR -_ R.' G;?.DTYC =?.= :?=..TYCE Cc ._=S=OR =C -
TH.- .__- wr C- MnV =C aY _RO=OS?0
n/a _
_i. DOE.. T;N-07=i.: ?N OF PTcL_C eu S OR TE' GSE C_ _
Y= [ J No Pj (__ NO, G:; .C is)
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a. __ Y?S, DCE.. ?'??. r P=C?_C: :u
CcC`t:' :let=ue-VT TO TL= :t=^G== =`'?Y_S OF T%:-- NORTH C=GL•_N =`rv _'-,CNL-`IT
=GL=CY FC
Y.S [ J NO ] -
His T H-1. DOCGN-- BEEN THRCGG-e: T H.-- NORTH G RCLLYes
OF P?Y.=N=STR. T=GN ST _E CL;=? NC::GCSE?
(J NO []
__ NS ER TO 17b =S YES, THEY SG' T tZ?DROP?=' »C DCC EYT= =:GN F7-.CM THE
STATE CLc.? YG'r.OGS E. TO DOF E.YLiRCN14-=- 7M L ILnNZG IM-1 R C?RD TG
CCIX-PLZ-'ANC E WITH THE* NORTH CIRCL-1-NR ENVI30Ni- EN L POLiC'_' ACT.
C UEST_ONS R?.G;LLztD=NG THE STATE C'.,L =NGciCGSE R=v _n PROCESS SHOULD BE
D7Ft=C_E0 TO VS. C RYS B CGET , D= rCTOR STATE (=Z R-?1C-r'G6Sc., NORTH:
C?ROLZM DE---AR =YT Or ON, 110" WEE CON=S STREzT, RPLz:Gr_,
NORTH: C-LRCLZX 2760-1-8001, TME-2- CUE (515) 7733-6369. .
4

_3 . THE :CLZC-w--'XG rrcr._cc S•CGLD BE E-NC JDED n
°.OPCSc.D =V'JCL'v?S :'::L D_SC3RC-E Or T:Z:C n?___r?__ON
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_jc• VD ----- "f =-°R1_
a. ric__ V1 DE=.=Nc.?»=GNP? S: -CF'iNG
' ?.4-D PONDS CN .. acOcr_v _y ,* '_ F;•.• vi- a'T=•?rT'7i S5=:.=: u? L•itic.S
NI-=DE : _-:k?- -_n r
( N,CZ?_BrRS __S, 18, 22.26
=LMw?qFUYT) CN
'' 1'- . pRpQr ..!
S=' BE SrCWZv CN Ma_1? SC:- SHOULD
MVC EQIIc_,S 100 OR T:y_? aS B 1 .NC E ?Ci? ,S ScJ == _ OR 1
YuagCTED BY •FRC-C^. OF TO BE
C- Dw=N ="".ON WS PE : FOR ED BY P_ CCNS7j?__ MqT _ p
S; T -- VCLTuE Dr --
.r..., S R?.:.LY: V= TO THE OF :?^_• T-
- DE??TL?_ON L E
d- Wr =m ATTACH ...?ND v IIS'. Cr.~ STOR??»E.? L?Y?C?'?Tm c,v
e. F .cuRRCMM-rNG BC2ERT`_?
Pasture land - forest land - business land
_ • -- •- =-----=E, W 1 t_ P RC_ C. ScD V---. -CD G: S-- . r._ D
c. S_r'v=D : VD Dr:EJ c- uT CR=Z?:=C?'' ---
?tC' THE U.S. M'=? IvCT Er v-_
• .) . =SSJA?;C= OF A SECT_TCN 404 COR_rS z _ L __D :c:Ciz T0:
2) Z T-7 SuANC3 OR W:A VIER CB' A 40i D=v_?=CN GF
Eli Y _.Scrl.' :?T i:, i :"te=.C7%C--NT .MITER CUA_.IM) C=-R' __CraCsCZv , i3v't
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NCRTE CrRCL-r'. D=v:S=ON CF CCAyu_, I`?.AN?-'.C: 'NT ST = iC THE PROPaSaD
A.C71VITT _S CCNS'='."?i'I' Tr_'TL T NGRTR
OW-NER' S/AG NT 717
SIC-VP_TL'RE T1c T^
(AC-72 'S S IG-Za»'O RE VA.LID ONZY
r= aL'T OR_ZA»=0N LETTER FROM
THE OWZ7ER _S PROVIDED (? 8c.) }' _

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February 11, 1998
Mr. Ed Sellers
Better Housing Center
303 Carbon City Road
Morganton, NC
Re: Changing Times Housing
US 421
Wilkesboro, NC
Dear Mr. Sellers:
When we recently discussed the need to expand the sales lot you presently lease from
me, I thought all I needed to do was put pipe in and fill the remaining back part of my lot.
However, I have since found out that this may not be the case.
As you are aware, DOT is expanding US 421 in front of your sales lot to a 5-lane
highway. DOT is proposing to take 175 ft frontage and a depth of 100 ft along the west
side of the property. It is my understanding now that the back land cannot even be filled
at this time. The EPA seems to feel that this small area is a wetland. As you know, all of
my land comes under the federal Clean Water Act.
The EPA has advised me that all blocks-metals-wood or any other trash that your
employees have illegally dumped along the slopes is in violation. They have requested
that you immediately proceed to remove this debris.
You may want to give stong consideration to canceling your lease with me when the
DOT begins their new construction along US 421. The only reason I placed the 36-inch
pipe on the west side of your sales lot was to try to keep DOT from having to take this
much land. You have stated previously that when the expansion begins you would need
to have additional land or go out of business.
Please advise me of your intentions as soon as possible.
Very truly yours,
Dorothy N. John ton
P. O. Box 1203
North Wilkesboro, NC
[phone]

28659
cc: Mr. Ron Linville,NCDWQ Winston-Salem Regional Office
Mr. Brooks Cole
ED HOLLAND
Administrative Services Director
October 27, 1993
COUNTY OF WILKES
110 NORTH STREET
WILKESBORO, NORTH CAROLINA 28697
[phone]
FAX [phone]
Mr. W.O. Johnston
P.O. Box 1203
North Wilkesboro, NC 28659
RE: PROPERTIES WITHIN PROTECTED WATERSHEDS
Mr. Johnston:
Thank you for supplying our office with copies of your
construction plans for development projects located along U.S.
Highway 421 West in Wilkes County. -It is my understanding that
these plans were developed in conjunction with your previously
approved Zoning Compliance Permits #1257 and #1258. It is also
my understanding that you would like to request that these
development projects be granted a "vested., rights status"
pursuant to North Carolina General Statute 1153A-344.1.
After reviewing NCGS #153A-344.`1.-g.3 in conjunction with
the steps you have taken toward., '"completing, the above-referenced
development projects, it is"°ttie county's opinion that these-
projects are eligible for-' the "vested rights status".' Pursant
to NCGS #153A-344.1, the1,county-.willconsider the "vested rights
status" for these projects to be valid for a five year period
(expiration to be October 27,1998).
Thank you for--your cooperation in this matter. Should you
have any questions or be in'need of additional information,
please do not hesitate to contact°-.me at (919) 651-75613.
Cordially,
Douglas Morris
PIanning Technician
cc: Ed Holland, Assistant County Manager
Jim Absher
vested rights file
ED HOLLAND COUNTY OF W I L K E S
Administrative Services Director
110 NORTH STREET
WILKESBORO, NORTH CAROLINA 28697
[phone]
FAX [phone]
October 26, 1993
Mr. W.O. Johnston
P..O. Box 1203
North Wilkesboro, NC 28659
RE: PROPERTIES WITHIN PROTECTED WATERSHEDS
Mr. Johnston:
Pursuant to our meeting today, please find enclosed two
Zoning Compliance Permits for your development projects along
U.S. Highway 421 West in Wilkes-'County. As you are aware, both
properties referenced by the permits are located within an area
of Wilkes County that`is presently zoned Highway Business (HB).
Therefore, the building setbacks, lot size requirements, etc.
indicated are pursuant to the Wilkes County Zoning Ordinance.
As we also discussed, both of the-aforementioned projects are
located in a Vwatershed which the Town-,,of Wilkesbom utilizes for
a public drinking water supply. The state has classified this
watershed as a protected area (WS-IV) with 'respect to they
upcoming watershed protection regulations. After December 31,
1993, all projects that,.-have not-gained ...a, !!vested rights status"
will 'be.required to meet'the state's regulations with,'respect to
maximum percentages for impervious surface. Pursuant<to?our
earlier conversations on this matter, the "vested rights status"
may be gained f6r.,th4 ,above referenced: projects .after 'you have
expended "substantial time-;u -labor, and money based on. good a
faith reliance upon having received valid local government
approval to `proceed with the project. The attached Zoning
Compliance Permits;will-'serve_as-your. " vapid local government
approval" for'-these projects.
Thank you for your cooperation in this matter.
Cordially,
t '
Douglas Morris
Planning Technician
cc: Ed Holland, Assistant County Manager
Jim Absher
vested rights file
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S? ° _,.
..MEMORANDUM
from the desk of W. O. (Bill) Johnston
To:
Subject

?A& ??,
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., RE,. Director
A;k?5?14
NCDEN4
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 12, 1998
Wilkes County
DWQ Project # 980143.
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse?im 4Y1
Buffer Rules /j
Ms. Dorothy Johnston ?? ?
Box 1203
No „ 5199$
North Wilkesboro, NC 28659 }y
Dear Ms. Johnston:
tate of North Carolina
,.. Department of Environment
and Natural Resources
Division of Water Quality
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 150 linear feet of channels and 0.6 acres of wetlands at Changing times Mobile Home lot on US421
in Wilkes County, as you described in your application dated February 12, 1998. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when the Corns of Engineers issues it. This
approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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.
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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application.. If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all tots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within
30 days of the date of this letter or the issuance of the 44 Permit (whichever is later).
2. Applicant is also required to obtain written approval for stream impacts from Wilkes County before stream
impacts occur.
3. A 30-foot vegetated buffer must be maintained along the remainder of the stream.
4. Any future wetland or stream impacts will require additional approval for DWQ.
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 daft ghat you re eive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North aro tna eneral 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.
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.
c . Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
-?~ Winston-Salem DWQ Regional Office
John Dorney
Central Files
inc r ly r
owar , Jr.
980143.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
,?j
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26
(HEADWATERS AND ISOLATED WETLANDS)
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent
wetland areas which are above the headwaters or to wetland areas that
are not a part of the surface tributary system to interstate waters or
navigable waters,of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 26). This Certification
replaces hater Quality Certification. Number 2671 issued on January 21,
1992. This WQC is rescinded when the Corps of Engineers reauthorizes
Nationwide 26 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies "t hat t?7e specified category
e. activity will not violate applicable portions of Sections 301, 302,
306 and 30 of the Public Laws 92-500 and 95-21' if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
i. Proposed fill or substantial modification. of greater than
one-third acre (0.135 ha) of wetlands or craters for a
project requires a written concurrence from the Division of
Mater Quality;
2. Proposed fill or substantial modification of equal to or
less than one-third acre (0.135 ha) of wetlands for a
project does not require written concurrence from the
Division of Water Quality as long as the project is in
compliance with all conditions of this General
Certification;
3. Proposed fill or substantial modification of any amount of
wetlands classified in accordance with 15A NCAC 2B
.0101(e)(7) as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality in accordance
with 15A NCAC 2H .0506(e);
4. Proposed fill or substantial modification of greater than-
150 linear feet (45.7 m) of streams for a project requires a
written concurrence with the Division of Water Quality. For
the purpose of this Certification, streams are defined as
blue or purple lines for permanent or intermittent streams
as shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
5. Proposed fill or substantial modification of.less than or
equal to 150 linear feet (45.7 m) of streams for a project
does not require a written concurrence from the Division of
Water Quality as long as the project is in compliance with
all conditions of this General Certification. For the
purpose of this Certification, streams are defined as blue
or purple lines for permanent or intermittent streams as
shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
6. That appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent
edition of the "North Carolina Sediment and Erosion Control

N
Planning and Design Manual" or the "North Carolina Surface
Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Centred Offices) must be
utilized to prevent exceedances of the appropriate turbidity
water quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout
waters);
7. All sediment and erosion control measures placed in wetlands
and waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
8. Additional site-specific conditions may be added to projects
with greater than one-third acre impact to wetlands or 150
linear feet of streams which are proposed under this
Certification in order to ensure compliance with all
applicable water quality and effluent standards;
9. Measures shall be taken Lo prevent live or frash concre.c
from coming into contact with waters of the state until the
concrete has hardened;
i0. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
ii Conc?.:Yrence from DWQ that this Certification applies to an
individual project shall expire on 13 December 1998 to
coincide with the expiration date of Nationwide Permit 26.

Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of this
Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of activity, if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of
applications prior to a Certification decision if deemed in the
public's best interest by the Director of the North Carolina Division
of Environmental Management.
Effective date: 11 February 1997.
DIVISION F WATER UALITY
By
A. Preston Jr. P.E.
Director
gencert.26
wQC = 3108
March 28, 1998
Mr. John R. Dorney
Water Quality Certification Program
NCDENR
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Re: DWQ Project # 980143
Dear Mr. Dorney:
I am in receipt of your letter dated March 12, 1998 concerning my properties in Wilkes
County. I was out of the state for most of the month and did not receive your letter until
recently.
I feel the need to reiterate to you that at no time was there ever a pond on my property
and I disagree that this area is a "wetland". Mr. Nichols, the farmer adjoining this area,
had a small pond on his property, until 18 years ago when the silt from the former owner
of my property filled in the area. This does not make it a "wetland". I am not willing to
provide any stream restoration because it is not necessary. The area is not a wetland.
I am willing to make modifications to the proposal, i.e., providing a stormwater pond to
protect downstream uses, providing I will then have the use of 100% of my properties
(piping and filling the area you claim is a wetland). I telephoned Ms. Lisa Martin as you
requested but she has yet to return my call. I spoke with Mr. Ron Linville who informed
me he is trying to work out a solution with you.
I do wish to pursue this project and I do not want to consider it withdrawn. I would like to
have this matter resolved as soon as possible. I look forward to hearing from you.
Sincerely,
Dorothy N. Johnston
P. O. Box 1203
North Wilkesboro, NC 28659
cc: Mr. Ron Linville
D I,7: CCRPS A==CM IM:
AC+:=ON'wiDE PERK: REYLaC=.7 (?RCV_= iii=C,'IW_1E ?ER.'.'. a) .
A
PRE' -CONS ';TRUC''_ON NOTIFICATION A- PL 7 C_Ak_T 7Oil
OR NATI02v w JE Pwa?TS T k RE Qu=_Fz :
1) NCZ' =C:L C:Y --,a C:.R9S or =tG=G-2S
2) e'129?=G.?=C:i MR ??'=C2J 407. G???=_y=CN
3) C-:C-zD'_`rA==CN n = "'=-. NC D T-'v =S =CY C_ CC1LS r L A* ?G 7='
SEE
in T=' CR:Gy'a ;=. AND (1) C=P" OF TES CC?T?:?J FOMM :O ? A==R.CPP= r
C.== _ OF ?YGraT= S (Sr. nGrYC- ADDF.FSS 'S
t) OPTES S'r'OGLO BE S---NTT TO THE N.C. D_v_CN OF ZN.
RCNV.-- .? ?V G =
e? GE:TCY ADDRESSES Sr Dv_'y,••
1. CWN-ERS NAME : Dorothy N. Johnston
MAZLIT-STG ADDRESS. P. 0. Box 1203

C. Y:.N _ Wi 1kesboro ST.TE: NC Z=_ CODE. 28659
__Gvc.:_ ICG-_ICN ? ?DL==Nczc:-G SuSJ=v:==C;d N '*_= (__ D= ==_T'? ==r;?
_3JG AZORES- ?OV=) : GAP ati-arhp(i man
US 421 West of Wilkesboro a_
T=:..E?:iON£ Nu?rr I_. (F?:"?) . [phone] (wOR:?) JIP?_ `?_7i ,3''2 013
4. ' -_ A »P?1?C.-=.Ja: AG_--Ni' S Nom. z OR RE..=ONSi=::i COR_ CR?T_° OF-- CZ=, '?CDR= SS,
F. CNE MUMBER:
c. i,CC._ION OF FCR:{ (330 DE A y , PRE_Cr??ji A_ COPY OF GSG3 TC_GG AZLE C
MA OR p?R_?T P-OTOGR-»':. ?Tw SC: LZ)
COUNTY. W1Yces NE.?R.ST TOWN OR CITY: Wilkesboro
Post-Ir Fax Note 7671 Date 1

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From
Co./Dept. C
J ` Co,
Phone # Phone # ?
J ! l f
Fax # - ? ?? ?? Fax 0
S'rE :=~C :.CC: T=CN (=INCL DE ROFo
NL7'ERS, 10UND`ARX3, ETC.) : Changing Times Mobile Home lot
US 421 West of Wilkesboro, NC - East of NC 16
E.aaCT_D GR 1TL??S"' .?-R=.=u/R:vaR: "?
VL 14%
t y
<<. _S P?C,L:._ LCC::=D N-c: R W _R
(SA) , F:=G QG._-== wr= (',?cN) , CGTS:? 4DiVG R=SCCac= '' == (ORri} , =
(w5-= O.= WS-77) rxJ Nc f I == Y= ??__w. LJ
?C• s5 TT'.E =LCVc;._ _..Cr"'E? s-.N .. ?T"- ?^ _'_ *?
-v O C.:-S:'-
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7C. 77 LCC:
-- OF
CCr' ?: _. CCuN"=--=) , rF`. T =C TF.E -!STD asr F=:Y -?? :)r-
Sa. FIVE _NT: SEC-?ON 404 ==R_M:!S BEEN PRE"v_CGS?Y R?QGES:ED :OR USE ON
T HZ'S PRCrER =_? YES [ J N0 ( _= YES, _ RCG=DE CT=CN ' -
_V?Oet'?
SC. ARE LDDCN.L P= T RrYGc:_S tti__...ED FOR v-Cc'-"'v 1v T?
-' j'=am='• Y=.. [ I NO rX I DESC Z3E ;VT=C=?z_EJ wc.:;:{:
9a. ES 61!L TED TOTAL NM-IBER OF ACRES :Y. TRACT OF L;*iD: 22 acres -
9b. ESTZM TED TOT-'• NUMBER OF ACRES OF SNETT?'-VDS jOC:== D Cat PRO?LCi S_T E:
None - silt in the area prior to 1980 when I purchased land. Max
area in question is.50 X 50 only. --+
2

10a. NL EZ OF C_?rr CE F'iE?=:?-VDS ?uD?c_^.D 3Y = =.. PROPOSED p j=,: BY:
1L_VG: 50 ft X 50 ft ,
E?tC .t7 ?__ON:
?•GOD?JG
• D nUN GZ :
OTHER:
TCTAL A== TO BE MT a,CT? : 50 ft X 50 ft
1+?b. (1) ST??=u C:_ ?tZi= , :O BE :a?o3C:'E'O B TH. E PROPOSED PROJCC=
.p=C(=:rrD,I ;C=-. EZ. CR- AUD A TER sZ:.vG__-Cl? .
BEZOPLE: ,2. (?? n 'P_3: JZ c?U c r
r=TZ BEcrORE cr. ac_...a-', high water cca,ct s)
t? `='Za:
7*7 1

C::?NNE , E?C?G?==CN: CONS RDC:=CN 0= L+?_?_*/-CCO=VG:
1-• _= CONSTRUCT=GN OF =CND PRCPCScD, SY-r _ =-
v :i0 - r
W; _i'Z M:S ?.D DR =- - Z G TO PCND?
We - HE EX-77-..__.n. PCUB SURFACE
1:. DESCZ ?I__CN OF _=C=CSED G '?""SS.ON OF " -= 0. _
T_--
LrC iAN_CAL F. QU_=*.NJT TO BE USED (AT T C P_=NS 8 1 /Z" X 1yDiAW _VG
ONLY) .
bulldozer and trackhoe
1.3. PIIZOsz OF PROPOSED WHORL : g-,
• 3
S=?::. rc=.=5CN. WH.- -: -- - -7r7 === = .-C ?C-: 7. Ty MUS' B
CQ. ?N To r?Y?7aJa W. - 4D
See attached DOT map for highway expansion along US 421. DOT
shows they are going to take 175 ft frontage and a depth of
100 ft because of the drain ditch beside my property. This
action will put the mobil home lot out of business.. They have..
approx. 10 yrs left on their lease.
__ . YOG _? REY =.D TO CCN'2 C. '.._ . II. S . t _ L WMM SCC?
(?ScirS) :w:)IOR N _=CN--L *a:'= z. _R Z ?_ SEs'v_CE (NY-FS-) (S-- AC---'NC'=
S r :T) ._.=?R^LVG T:=... Or ?NY =?Eti?LY LD OR
-RGSCSCJ FEvR j____VG tVLrVG= -_ Cr. OR C.._:'_C:-L
=RQPCS7:) :..-' C::N C==L: Pather ditch = .C R :_:ONE=..
?.,At- t ? & my spring water-
-
vCL'i rti RE;tv_tiE7 .v C N_ CC !'t:: S. Tr C"T Or-.
(S= =C) (SEC GE_VCY :?Dc?S_EC 5:?=:) Rz. -?D=?iC _..._Z.NCE OF RCP:. ?V Ttr. PM_= := __ W:i: = ?' ..E BY T =E 2 RQP CSEJ
=RCcC=.'D?_- COYTC..D: n/a _
_ i . DOES T: NyJCL`?a : V =??=.y"D_ ; 0? :ucL:C ANDS CR T-? IISE OF
[I NO Pq (== NO, C-v: TO -18)
a. __ YES, DCEC Tt.E PRCv?C= :?.QQ=R PR==-= 1==ON Or A-IT =RCN -`i=
NORTH C=ZOL_Ne': =`TL='-.CDiI?'YTr?
DCC`iT =U-MSU -NT T^v T= RE^?U-. 'u_?iTC Cr TV--
SOL_C'_' FC_?
YES [ I NO [ I
b. __ Y S, RAS T .. DOC .w.-NT BE .`T R.`-+_?naD THROUGH THE NORTH C;UkCL?irs
DE_ .Tv_ Or ;:N=V=STR<..ON ST =? CL RINC:OCSE?
[ I NO C I
-- ANSWER TO 17b =S Y---S, TH---N SU-M=T 13?PROP?=».. DCC6jI-=UT.;=' ON =.CL- THE.
S R C?RD?*TG
.3T. CLE: ?iG-r.CQSE. TO Div=S_CN C= EWT'%CNM=- T_ L I.ZYAG=`'ENT
CCI?DL-MCE WZ TH THEE NORTH CAROL=NA ZW. :30NL'?'- • - :L POLICY eIC: .
QIIES.=ONS R?.GrAD.NG TAE ST T C'?L u?`TG-r.CQSE R.v_?.v PgCCESS SHOULD BE
D:RZ:- =0 TO MS. C HRYS B C-? a:: , D: r,CTOR S T T° C'.rE21sumc.-dousE, NORTH
C;ROL:NA? DEP?R' =.?1T OF AM-2-N_ST. ON, :16 4E- .TONES STR?. :, RPLcIGr.,
NORM C_zzLCLiA 27675-8003, TELE?-CNE (519) i33-aa"369.
4

.3. T .? t?L_Cv_VC _T S S -OUZZ BE •- - T-.
aOPOScC -- -='?-- Ta__ P-=--=r =--CN __
-VCL'v D=E. ? RCE 0 f-. TED
? Oo V _ _- - Ms *r z_
TTO n?c=Tom'-VDE . --`
?N-D PONDS ON oROo= ._v -.C T -C _ P-=-- T=•?rT7i S, E=: _'rc, r_.?ticS
(_ R N??__CNw.DE e=?MS_
j-aS 14, 1-9, 21 ? m F?'RM3rT"c+"TT) Ci3 T ? RGDZ',-?
?V - a., . rcGvZi C:i__- a-- , Ica? SC: =S ZHOULD BE 2. ZITC
oRR E2?= yWt?II'"vvc PtaTCC??^ _
CE. -+c
Y1fBa BY O BE
c. IT WAS r_t_ORL0 BY 3 C::, S LMUI .NT, =:?C' :? uL -•;• D?-
S , --
._...?5 .TK"'r,,LV: Y. TO THE P__C''r=aT'_' OF THE DE:,--%Tc?S=ON LYE.
c. :Z _C ._ COPY OF TL.' STOp-vWATE_R L?V?G?'VT P-•` ?
e. WHAT -- LiUNU USE OF - RRCtiND_NG PROPER-11 1V
Pasture land - forest land - business land
= • -- -= =-== ..E, wr_:T i_ . RCe OSEO I?ET: ?D Or
SE;rr= ?_ D_??CS...
c. S=r'v=D : VD D?T_0 CwTT uT C1=ZIT=CN --,,.?_ __ ._.. __ _- -
?4C' W-, 1 :: S CR WA=RS OF
L . E . I - r IvC'?' F-.. P G A Toe
=) iC_'. CF A S_.C=_CN 404 COF`°C r
- :CCZJ-ANC-- OR Fi1`?v? OF A 40i Dz_C:T C=
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NCRTr= Ci?GL,f '. DS=ON OF CCASSTlLL ILAN - ?-=. TT "I%- TG TEE g c c-.
ACT?Tv T_ m Fc0_O..aJ
S CCN,. _„ _: N r _Tt= T.rr- NCRT.=. G?e'cQL_NA CC: S z?.. 2-?`?3TACS:?'NT
P_rcCGrc.?. -
OWZTER ? S / G- NT c - T a ` ? ?
.. _G.N.RTUZ• E D Tr
S SICZ?TGRE V LLD ONLY
== aL'I'I-OR_7??'_ON LETTER FROM
T OWZVER IS PROVIDED (18c.) )' -
ED HOLLAND COUNTY OF WILKES
Administrative Services Director
110 NORTH STREET
WILKESBORO, NORTH CAROLINA 28697
[phone]
FAX [phone]
October 26, 1993
Mr. W.O. Johnston
P.O. Box 1203
North Wilkesboro, NC 28659
RE: PROPERTIES WITHIN PROTECTED WATERSHEDS
Mr. Johnston:
Pursuant to our meeting today, please find enclosed two
Zoning Compliance Permits for your development projects along
U.S. Highway 421 West in Wilkes County. As you are aware, both
properties referenced by the permits are located within an area
of Wilkes County that-is presently zoned Highway Business (HB).
Therefore, the building setbacks, lot size requirements, etc.
indicated are pursuant to the Wilkes County Zoning Ordinance.
As we also discussed, both of the aforementioned projects are
located in a ,watershed which the-Town-,..of Wilkesboro utilizes for
a public drinking water supply. The state has classified this
watershed as a protected area (WS-IV) with respect to, the
upcoming watershed protection regulations. After December 31,
1993, all projects that.have not gained a "vested rights status"
will'be required to meet the state's regulations with respect to
maximum percentages for impervious surface. Pursuant to our
earlier conversations on this matter, the "vested rights status"
may be gained for the above referenced projects after you have
expended "substantial time, labor, and money based on good a
faith reliance upon having received valid local government
approval to `proceed with the project. The attached Zoning
Compliance Permits will'serve as your "valid local government
approval" for these projects.
Thank you for your cooperation in this matter.
Cordially,
Douglas Morris
Planning Technician
cc: Ed Holland, Assistant County Manager
Jim Absher
s
vested rights file
ED HOLLAND
Administrative Services Director
COUNTY OF WILKES
110 NORTH STREET
WILKESBORO, NORTH CAROLINA 28697
[phone]
FAX [phone]
October 27, 1993
Mr. W.O. Johnston
P.O. Box 1203
North Wilkesboro, NC 28659
RE: PROPERTIES WITHIN PROTECTED WATERSHEDS
Mr. Johnston:
Thank you for supplying our office with copies of your
construction plans for development projects located along U.S.
Highway 421 West in Wilkes County. It is my understanding that
these plans were developed in conjunction with your previously
approved Zoning Compliance Permits #1257 and #1258. It is also
my understanding that you would like to request that these
development projects be granted a "vested rights status"
pursuant to North Carolina General Statute 1153A-344.1.
After reviewing NCGS #153A-344.1.-f.3 in conjunction with
the steps you have taken toward completing the above referenced
development projects, it is the county's opinion that these
projects are eligible for the "vested rights status". Pursuant
to NCGS #153A-344.1, the `county will consider the "vested rights
status" for these projects to be valid for a five year period
(expiration to be October 27, 1998).
Thank you for your cooperation in this matter. Should you
have any questions or be in need of additional information,
please do not hesitate to contact me at [phone].
Cordially,
Douglas Morris
Planning Technician
cc: Ed Holland, Assistant County Manager
Jim Absher
vested rights file
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FROM EAST OF MAPLE SPRINGS
TO EAST OF NC 268
PROJECT 6.769002T
TIP NO. R-2240
WILKES- COUNTY
COMBINED PUBLIC HEARING
MT. PLEASANT ELEMENTARY SCHOOL
JANUARY 30, 1996

STATE-FEDERAL RELATIONSHIP
This proposed project is a Federal-Aid Highway Project and thus will be
constructed under the State-Federal Aid Highway Program. Financing of
this project will be 80% Federal Funds and 20% State Funds. The Board of
Transportation is responsible for the selection and scheduling of
projects on the Federal Aid System, their location, design, and
construction. The Board is responsible for 100% of the project's
maintenance cost after construction. The Federal Highway Administration
is responsible for the review and approval of the previously mentioned
activities to ensure that each Federal Aid Project is designed,
constructed, and maintained to Federal Aid Standards.
PURPOSE OF PROJECT
The proposed widening/improvements of US 421 from east of Maple Springs
to east of NC 268 near Wilkesboro will improve traffic flow and capacity
during peak travel periods. The proposed project will improve the
overall safety and convenience of motorists utilizing this roadway.
US 421 is the only major east-west highway serving the northwest portion
of North Carolina. The safe and rapid movement of goods and people along
this corridor is vital to the economic well-being of the region.
PURPOSE OF PUBLIC HEARING
Tonight's hearing is one step in the Department of Transportation's
procedure for making you, the public, a part of the planning process.
The Department of Transportation is soliciting your views on the proposed
widening/improvements of US 421.
The Department of Transportation's views on the above project are set
forth in the environmental document - Environmental Assessment. A copy
of this report is available for review in the North Carolina Department
of Transportation's Division office located on NC 115 in North
Wilkesboro.
YOUR PARTICIPATION
Now that the opportunity is here, you
your comments and/or questions a part
Transcript. This may be done by havii
them on the comment sheet and leaving
submitting them in writing during the
Hearing.
are urged to participate by making
of the Official Public Hearing
ag them recorded tonight, writing
it in the designated location or by
10 days following the Public
Those wishing to submit written material may do so to:
Mr. L. L. Hendricks
Public Hearing Officer
Division of Highways
P. O. Box 25201
Raleigh, NC 27611
Everyone present is urged to participate in the proceedings. It is
important, however, that THE OPINIONS OF ALL INDIVIDUALS BE RESPECTED
REGARDLESS OF HOW DIVERGENT THEY MAY BE FROM YOUR OWN. Accordingly,
debates, as such, are out of place at public hearings. Also, the public
hearing is not to be used as a POPULAR REFERENDUM to determine the
alignment and design by a majority vote of those present.
WHAT IS DONE WITH THE INPUT?
All input received through the public involvement process will be
reviewed and considered by the Administrative and Engineering staffs of
the Division of Highways for recommendations prior to final decisions
being made.
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PROJECT INFORMATION
Length 12 Miles
Typical Section MAPLE SPRINGS TO NC 16;
US 421 BUSINESS TO NC 268
Four Lanes - Each 12 Feet Wide; Shoulders
Grass Median - 46 Feet Wide
NC 16 TO SR 1323 DARCY ROAD
Five Lanes - Each 12 Feet Wide; Shoulders
Right of Way Variable - 200 Feet to 300 Feet + Easements
Relocatees Residences - 9
Businesses - 5
Non-Profit - 1
Estimated Cost Right of Way - $ 5,016,000
Construction - 32,800,000
TOTAL $ 37,816,000
Tentative Schedule (A) US 421 FROM EXISTING 4-LANE SECTION EAST OF
MAPLE SPRINGS TO SR 1146 (HOLINESS CHURCH RD)
TIP SCHEDULE GOAL
Right of Way - October, 1998 - September, 1997
Construction - October, 2000 - May, 1999
(B) US 421 FROM SR 1146 (HOLINESS CHURCH RD) TO
EXISTING 4-LANE SECTION EAST OF NC 268 NEAR
WILKESBORO
TIP SCHEDULE GOAL
Right of Way - February, 2000 - May, 1998
Construction - October, 2001 - January, 2000

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