20061323 Ver 1_More Info Letter_20061017

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Mr. Joe Garmon
P.O. Box 669003
Charlotte, NC 28266
Subject: Hwy. 16, Garmon Site
Dear Mr. Garmon:
October 17, 2006
Gaston County
DWQ Project #06-1323
On June 27, 2006, a Notice of Violation and Recommendation for Enforcement was issued by this office
for unapproved impacts to a stream at the subject site. On August 17th, you were assessed civil penalties for
these impacts. In addition to the assessment, an after-the -fact 401 Water Certification application was to be
submitted for the unapproved impact. An incomplete application was received on August 29th. On September
6, 2006 this office issued a letter requesting more information. As of this date the requested information has
not been received. The following information is still needed by this office in order to complete our review:
a) A site plan for the development. The application states the impact is for future development, this is
not sufficient.
b) A detailed diagram (plan view, cross section, and profile) for any proposed stream crossing(s) at
the development. The design for the road crossings needs to show how the low/base flow stream
channel immediately upstream and downstream of the culvert will be maintained. A seal inside the
culvert and construction of a floodplain bench may be required to prevent over widening of the
channel.
c) A topo map of the site.
d) Stream impacts 150 linear feet or greater require mitigation. Documentation of acceptance to the
Ecosystem Enhancement Program or the submittal of a stream restoration plan is required prior to
issuance of a 401 certification.
e) Stream channel in which the streambed was "prepared" for the placement of culverts (but may not
be utilized) must be restored. If this is the case, please submit a plan for restoring the stream
channel.
f) The stormwater basin observed in the stream during the site visit by DWQ is not allowed. The site
plan should show the basin relocated to where it is no longer a part of the stream ("on-line").
Be advised that the site remains in violation until such time that the impacts have been approved and a
401 Water Quality Certification has been issued. It is requested that the information requested above be
submitted by November 30, 2006. ~ Failure to submit the information may result in further enforcement
recommendations.
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Internet: h2o.enr.state.nc.us
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
No°e Carolina
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If you have any questions, please contact Mr. Alan Johnson at [phone] or Ms. Cyndi Karoly in
Raleigh at [phone].
Sincerely,
D. Rex Gleason, P. E.
Surface Water Protection
Regional Supervisor
cc: Corps of Engineers-Asheville Office
Ian McMillan -Wetlands Unit
Kim Fortner -Diamond Engineering
Danny Smith -Compliance/Enforcement
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