19910009 Ver 1_COMPLETE FILE_19910202

sJ9-.n^n o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
March 12, 1991
Mr. William E. Vannoy
Vice President- Jefferson Landing, Inc.
Post Office Box 110
Jefferson, North Carolina 28640
Dear Mr. Vannoy:
George T. Everett, Ph.D.
Director
Subject: Certification. Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed after-the-fact permit
Rip rap and fill into Naked and Little Naked Creeks and
Potter Branch
Ashe County.
Attached hereto are two (2) copies of Certification No. 2577
to William E. Vannoy dated March 12, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
y? George T. Everett
Director
Attachments
cc: Wilrningtori District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Winston-Salem Regional. Office
Mr. John Dorney
Mr. John Parker
Central Flies
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Onportunity Affirmative Action Employer

* •w
NORTH CAROLINA
Ashe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to William Vannoy pursuant to an application filed on the 31st
day of January, 1991 to approve an after-the-fact permit for rip
rap and bank stabilization.
The Application provides adequate assurance that the
discharge of fill material into the waters of Naked and Little
Naked Creeks and Potter Branch in conjunction with the proposed
bank stabilization in Ashe County will not result in a violation
of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
9.2-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:.
1 That 'the activity be.conducted in such a manner as
to prevent' <signif icant ..increase in _ turbidity
outside the area of.,.construction or construction
related discharge.(.increases:such that the
turbidity in the.Stream is.25 NTU's.or less are not
considered significant).
2. That direct discharge of stormwater from downspouts
and parking areas not be allowed.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 12th day of March, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT

r
q),George T. Everett, Director
WQC# 2577
-10j "ft
s.:
State of North Carolina <' c
Department of Natural Resources and Community Deve!66 .'lopmet
nt
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor 4illia-n W. C&-ey, J Secretary 13, 1991 Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr_. E.v-erett :
The attached U. S. Army Corps of Engineers Public Notice No. 0346 dated
2/7/91 describing a project proposed by Jefferson Landing, Inc.
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 3/11/91
Very sincerely,
John R. Parker, Jr.
404 Coordinator -
REPLY This office objects to the project as proposed.
v
Comments on this project are attached.
v This office ?
t?e3•ts the project proposal.
No comment.
Signed
Cf(
Date C(1l9
Agency
JRP: j r/aw
P.O. Box 27687. Raleigh, Noah Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 28, 1991
M E M O R A N D U M
m
TO: Ron Ferrell ?U . ... ,
FROM: Jim Johnston, WSRO
SUBJECT: William E. Vannoy, After-The-Fact
ClI 8l L?
401 Certification
Ashe County
This office has reviewed the subject for 401
certification. It is recommended that a statement be put in
the permit prohibiting direct stormwater discharges to the
creek from downspouts or parking areas.
If you have any questions or require additional
information, please contact me.
JMJ/vm
W S P-0

WETLAND RATING SYSTEM WORKSHEET
Project No. or description 0'- 7& 4-7 e
Location IV.2 1,0 &o Oa0 C/P-e ,e-X
River basin and nearest permanent stream
Evaluator
Agency and address L.y r/e y
Date and time evaluated , ??? ?0d f'lyt
Major Wetland Type
Approximate size of wetland system y ,/ acres
Approximate extent of wetlands in area acres
within miles
Three most dominant plant species (in order):
Soil Series
Hydrologic
Direct
(if known)
indicators
hydrologic connection? (circle one) ES -?)NO
Existing Conditions
Drainage
Disturbance
Restoration potential
Does site provide habitat for endangered or threatened
species? If yes, then score equals 100%. State reasons for
exceptional status.
Item No.
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
II. Ecological Values
3 Special ecological attributes
4 Dispersal corridor system
5 Wildlife
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal sediment/toxicant
10 Removal/transform nutrients
11 Groundwater recharge/discharge
Score (circle one)
5
5 1
l5
5
5
5
5
5
5
III. Human Values
12 Outdoor recreation/education 5
13 Commercial value 5
a
0
3
3
G
3
3
Q
1
1
3
1
1
0
0
0

Total score
Percent score
(out of a total of 65 points)
Site description and notes,;??
12

??
_ .?
.;
.?,
?_.
_.r
?.
-a

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_..??;, !
Y,, `'? 1
'. ,.

DEPARTMENT OF THE ARMY 3U?r17
WILMINGTON DISTRICT, CORPS OF ENGINEERS <
P.O. BOX 1890 40199,
WILMINGTON, NORTH CAROLINA 28402-1890 n?
January 25, 1991'k?
IN REPLY REFER TO y ' 1 r??1 ' }[(.?r1113 (l?'
p .7
S : March 26, 19
?:,crr
Regulatory Branch
Action ID. 199000346
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Jefferson Landing, Incorporated,
represented by Mr. William E. Vannoy, President, James R. Vannoy and Sons
Construction Company, for an after-the-fact Department of the Army (DA) permit
and a State Water Quality Certification to authorize the placement of fill
material in the waters/wetlands of Naked Creek, Little Naked Creek, Potter
Branch and the South Fork New River, Jefferson, Ashe County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A DA permit will not be granted.until the certification has been
obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 26, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. John Thomas, telephone (919)
846-0648.
Sincerely,
ne Wrig
hie Regulatory Branch
Enclosure
a?SEVEo
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
February 13, 1991
Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr.. Everett:
W l ian W, ccbey, Jr., Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0346 dated
2/7/91 describing a project proposed by Jefferson Landing,::Znc.
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 3/11/91
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office r-
arts the
e project proposal.
No comment.
Signed
Date .? Q(
Agency JRP:jr/aw

P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
v {
l
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199000346 February 7, 1991
PUBLIC NOTICE
JEFFERSON LANDING, INC., WILLIAM E. VANNOY, VICE PRESIDENT, POST OFFICE
BOX 110, JEFFERSON, NORTH CAROLINA 28640, has applied for a Department of the
Army (DA) after-the-fact permit TO AUTHORIZE THE COMPLETED PLACEMENT OF FILL
MATERIAL INTO NAKED CREEK, LITTLE NAKED CREEK, AND POTTER BRANCH FOR
CONSTRUCTION OF ROCK RIP-RAP AND CONCRETE BULKHEAD/HEADWATER SHORELINE
STABILIZATION DEVICES WITHIN NAKED CREEK, LITTLE NAKED CREEK, AND POTTER
BRANCH NEAR JEFFERSON., ASHE COUNTY, NORTH CAROLINA.
This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
the outcome of this consideration.
on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
Legal action has been suspended pending
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by representatives
of the U.S. Army Corps of Engineers. The site consists of open pasture from a
previous cattle farm which has recently been converted to golf course greens
and fairways. Vegetated wetlands on the property are limited to a 60-foot
long, 15-foot-wide spring-fed area adjacent to Naked Creek, which has been
filled and grassed. Plans submitted with the application show the placement
of approximately 9,712 cubic yards of riprap (total) below the ordinary high
water contour of Little Naked Creek, Potter Branch, and Naked Creek to provide
for construction of shoreline stabilization devices. The proposed shoreline
stabilization devices total 14,568 linear feet of shoreline (both sides of the
affected creeks) with an approximate width of 6 feet and an approximate depth
of 3 feet. Also included are 80 cubic yards of concrete bulkhead constructed
along the ordinary high water contour of the aforementioned creeks consisting
of a 270 linear foot concrete retaining wall and 12 cart bridge headwalls
totaling 909 linear feet. The concrete structures average 10 feet high and 8.
inches thick. The purpose of the completed work was to provide construction
for shoreline stabilization of eroding sections of the aforementioned creeks,
and to provide for construction of golf cart crossings. Plans showing the
work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
-2-
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by-the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant.to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
-3-
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serve as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the.offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 4, 1991.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before February 25, 1991, Attention: Mr.
John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. John Thomas, until 4:15 p,m.,
March 11, 1991, or telephone [phone].
"c r UIC I N I TY MAP
OUaCRANGLE LOCAT qf1 J
wIH ? ? ?.
`V\ _ e
1509
.mss
E C P WE T < /EFFFR50N
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Naked Creek C$8
ee
of 3 3 of 3 ?..,??? y
0 1 2 3 4
MILES
AMS 4751 -SERIES V842
;nrr r ,.;CO inn,; 3r+;, 40co 5'9:•1 tcoo 70110 FEES .
_.. _.s-._..._ _-_ --'-- --- --- --- - --?
' - 0 1 uiLnlac?[D
1968 CONTOUR, INTERVAL 40 FEET JEFFERSON, N. C.
DAT'_ffn IS MEAN SEA LEVEL N3622.5-W8122.5/7.5
lWdcal 0mm3ba (lollf (mt
cE 1bp Fzp ME-zles
12' Width-38' tx) 50' sl ` 3' - 10' to adstirg 05 de
PIM I 1 Zip Izp m 1:1 to i PLAN/SI X-MON Vies
Scale: 1" = 20' 2:1 Sloe c>f lyplcal Badge
1' - 6' Sine ? StnXhaes a1d Ibp 170p
m a'edc Bxk Sloes
PIAN
Scal,e:1 20 /
Sec t im view Section View
Oxaebe lbadMing Wall ,
Min. I tgt. - 10' to 14' ` _
o.>? Bad 2
it Vllclth V?s?
- 7700P. OF IM7STiF7tF?Nr'
7C717EI. LINEAL I7 "We OY TYI7; Or EXISTING I107r1VENt= OF' C1ffT.1I fUm fM,3,jd7ATIO1i
ON HARM CItEP.7t, LIMP. HARM CRFZK AND 1'0TrER WAMI, NITIIIN 770; O vfUxl1EIP1' Or
JKlerlCiC1V LA1DINf:. ASAP, CERMFY, •7PFFriem 7OItf811IP, JPFFEII". NOMI CAM1,1NA.
!V% OF CREM !tMEAL FEET/TYPE OF 110?N7VE+lF TOTAL IRDISTUIdSFFD
sim or rum CONCIM.M. OfULX z RIPIAP M" : LINEAL NO IM71Oi7F w"m IMPROV04H]`lfS OF BRIDGE SfRUCrURF5 AND
N.S.E.N. trtaowu B/aenuNtm mammaim FEAT Mr.. RIP-RAP ON CTIEM BANK SIAPFS OF NUKED
NAFD CREEK S N S N S. N - S N CRFT•.K, WITI.,E NAKW C72 -MK AND P(7I'[7?R
111 159 138 2,278 2,109 2,437 2,247 10 28
(2) 396 124 4.236 4,575 4.632 4.699 490 4t7 BRANCH, BY JFTFF.IwM LANDING, INC.
555 262 6.514 6,68; 7,069 6,946 500 445 JWFER.9UN 1U7DV01IP, JWFFR", N.C.
7t7PA1. (817) (13,198) (14_.0_1.5) (945) SFVrF]' M 1, 1990.
1.17Ttx NARm CM= r. N E N E N E N
(3) 10 10 2330 260 240 770 690 694
7CTAL f20) (490) (5.10) (1,384)
POMSt FMAN31 E N E N E N E N
(4) 36 36 449 431 4-85 467 50 50 La erson
7MT1 (72) (8801 (952) (100)
t"I'm r-* fit :-U-t f- RRrtty IInn IS- A W R-'*--t 7 M 31 I.r - - iin g 0
Drldpl at .oath of Little MWA QRM[.
171 :oath-t fro, 1, 1119, at rath of fAtti• calked (V-k r-Oh-
1.1 it I- Wkwl rem* 171 14-thI- I-l-q+cy ha mil vsr to --at& t.1,jr at
t
Post Office Box i ti
.a i
th of ?b Hoek •alP.vd M IM MA AAr1 ("my-
matructi..11n IRV/ren•. 19eet 2.t 31 Jefferson N(lf to (?i-]fnflfl,l
"t- ft..h 141 M th f--th of K•kal C".k to Wntlrg advert tw
KM. Is" Ion to II_. and. Pfav Oret 3 of 31
SHEET 103
i1 i >t l 589
Wetlandorier 6
SEE INSET SEE
3 Al INSET
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5 (\
y 1? C= r
3 7 1 { 12 l
a
INSET A
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or h Gate & O
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10
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NSET Al s?n,?-<F•,??<o
r fl wf/G mSG/Tfl?l?/G?.//G C•
Sca le?- 1 400 8 ,?sipzw 4, .4 W
? ?o??Dflro) ?,
O .,. pond /t?.4'rq+ C, S'TQ?'gH ?p
12 ,
18
O Golf Cart Bridge No. 10. 'f
? Storm Drainage Discharge Point 1? of B MM sr rs AM
RIP--R" ON CRFJ?K 811N1C S[OPM P6 OF OF' NAK[D
CRF.F.K, LITTLE NAKM CREEK AND ["ff ?R
BRANCiI, BY JEFFMISM LANDING, INC._
MM: All inprovaients contained in this permit application are on JWFUlSON WMNSIlIP, JEFFERSON, N.C.
land awned by Jefferson Larding, Inc., and no adjacent riparian SEPTEMER 1, 090.
landowners are affected by these Improvements made under permits
previously granted by 'State of North Carolina Department of
Natural Resources and Conmmity Development-Land Quality/Water
Quality Sections, and sunder permit from Ashe County, Ashe Canty
Damage Prevention Ordinance, as granted by application and e f fe rSO n
allmtapproval from the improvements are-within ardesignated hazard area t100Agency -year e?
'1?
flood plain. a nin(
Post Office Box i to
Jefferson North Carolina ;8640
?ti Sheet 2 of 3

Q Golf Cart Bridge No -*` '' J .. d`
A Storm Drainage Discharge Point "-v
v 2'
4t
V
INSET B
NM: ?
Mitigate creek bank slopes
and rock bars with planting
of Bunker Dwarf & Streamco
Willows.
r
Also planting of Weeping i
Willows, Alders & River f
Birch where possible.
Retain all deep pools in
streambed. ?j
Scale 400`
11
?..` X15
14
r\J •?
Note
14XX exalts of ladle stuxtures amd ijp-xap l1
on creek bark skew aE N*sd Creek, Little
N*9d Ceedk and PotlEr Ban:h are in ]aids
alooTessed vathin the netes and b= ds
dmmpttas n=nhd in deed bock 169
at pages 310-318, IM-1124, 304-307,
329-333, and 334-338, Ache 0=&y
regisbw Cf Reds O iae, and strm an
that plat ty Bttby Joe Oliver and
As9ocia6es, I r-1276 and titled
'qty aE Jef6e>csml larding, Irr- i
and d36ed S%)t 27, 1989.

frj---

Sic T AYWA.
IMPROVE M M'S OF BRI IXT:.SPRUCI'URIZ AN
RIP-RAP ON CRFEK BANK SIDPF_S OF NAKF
CM-' M, LIT ITE NAKI•D CRFEK AND POTTER
BRANCH, BY JWFM%M IJNDING, INC.
JWFEWON IU*J IIIP, JEFFERSON, N.C.
SE1'TMBFR 1, 1990.
Lnn ers on
ivng0
Post Office Box 110
J(Alerson. Norlh Carolina 286,10
Sheet 3 of 3