19990338 Ver 1_COMPLETE FILE_19990414

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 29, 1999

Mr. Richard Marshall
Lat Purser & Associates, Inc.
4530 Park Road
Suite 300
Charlotte, North Carolina 28209
V
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Subject: 401 Water Quality Certification
Lowes Phase III, NE Outparcel
Cabarrus County

Dear Mr. Marshall:
This Office has received information from the Cabarrus County Development
Services Department that you may be planning to disturb 150+ feet of a channel during
the construction of the subject development.
Please be advised that the Division of Water Quality (the Division) requires that
approval be obtained prior to disturbing more than 150 linear feet of stream channel
under Nationwide Permit 26, regardless of whether the Army Corps of Engineers
(ACOE) considers the stream as "subject to the 500 linear foot limitation". It will be the
responsibility of the ACOE to determine whether or not the channel being impacted is
indeed a stream for which they will claim jurisdiction.
It should also be noted that compensatory mitigation may be required to replace
unavoidable lost or degraded aquatic life uses of these streams, either through instream
measures and/or riparian techniques-such as buffer establishment or vegetative planting
for temperature control (typically referred to as stream bioengineering). In determining
whether a stream mitigation will be necessary, the Division will need to determine
whether the stream has positive 7Q 10/30Q2 flow and whether or not aquatic vertebrates
are present. When compensatory mitigation is required on streams that are to be
culverted, or otherwise buried, the mitigation ratio is currently 1:1 (the Division may be
raising this ratio to 2:1 in the near future). On streams that are channelized, hardened, or
relocated, the mitigation ratio is also 1:1.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Mr. Richard Marshall
March 29, 1999
Page Two
In order to obtain Division approval for this proposed stream impact, seven (7) copies of
the Preconstruction Notification Application (PCN), along with supporting maps and
documentation, should be completed and returned to the addresses listed in the application.
Please make sure that all maps submitted with the application are of suitable scale (e.g. 1" _
100') and delineate all impacted streams, ponds, and/or wetlands on the project site.
Downloadable copies of the Division's General Certifications as well as the PCN can be
accessed at the Division's web page: http://h2o.ehnr.state.nc.us/wqhome.html If you do not
have access to this web page, please contact this Office at the phone number listed below and a
copy of the PCN will be forwarded to you.
If you have any questions regarding this matter, please contact Mr. Michael L. Parker,
Mr. Charley Schwartz, Mr. Samar Bou-Ghazale or me at [phone].
Sincerely,
rZ D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Doug Miller, DLR
Tony Johnson, Cabarrus County Development Services
John Dorney, DWQ
Steve Chapin, USACOE
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
NNORTCHCAROLINA EDENR
OF
ENVIRONMENT AND NATURAL RESOURCES
May 23, 2000
Mr. Joseph Farrow
Frisco Contracting
Post Office Box 129
Frisco, NC 27936
Dear Mr. Farrow:
Re: Pump and monitoring plan
Farrow Mine
Dare County
DWQ# 990338
DLR Mine# 28-09
Your pump and monitoring plan dated May 4, 2000 and sent to Mr. Robert Tanhard of DWQ's
Washington Regional Office is hereby determined to protect DWQ's wetland standards as described in
15A NCAC 2B .0230. DWQ hereby recommends by copy of this letter that the mining permit be
modified to explicitly include this plan.
Please call me at [phone] if you have any questions.
Sincerely,
o ey
Cc: Tracy Davis, DLR
Robert Tanhard, DWQ Washington Regional office
File Copy
Central Files
Wetlands/401 Unit4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Washington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
''ti'` 0 2000
WET MIDS GROUP
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DIVISION OF WATER QUALITY
May 9, 2000
TO: John Dorney 44f
FROM: Robert Tankard f7-
SUBJECT: Farrow Mine q 10 38$
Frisco, NC
Dare County
V) ---- IV
Please find enclosed is Mr. Farrow's pump and monitoring plan. He intends to mine pond #3which
is the most easterly pit. The pit is approximately one acre in size and is eight to ten feet deep. Mr.
Farrow plans on dewatering the pit to approximately fifteen feet below MSL and pump the water into
a rim ditch that is between the mine area and the wetlands and well fields. The rim ditch will be
approximately five feet deep and eight feet wide. Mr. Farrow plans on keeping the rim ditch full at
all times with the overflow going to the wetlands and into pond #2. With this, Mr. Farrow should
keep the hydrology fairly constant with minimal impacts to the wetlands. The mine is approximately
1,500 feet from the well field: Mr. Farrow has stated that Mr. Tom Walker, U.S. Corp of Engineers,
had been to the site and saw no problems with his dewatering proposal.
This office recommends approval of the pump and monitoring plan with the following conditions:
1. Monitoring of the well shall take place on a weekly basis.
2. The water from the rim ditch shall sheet flow into the wetlands.
If you should have any questions, please call.
Copy: WaRO
WaRO Land Quality
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
IV
May 4, 2000
Mr. Robert Tankard
Division of Water Quality
Washington Regional office
943 Washington Square Mall
Washington, N.C. 27889
RE: Permit No 28-09
Farrow Mine
Dare County
Dear Mr. Tankard:
This letter is in reference to the March 7, 2000 gn site meeting with
Deborah Sawyer, Brad Robert, and Roger Thorpe.
This is a request for the approval of a pumping and monitoring plan for
the Farrow Mine -- Permit No. 28-09
1. Rim ditch will be erected on what is known as the south side of present
permitted area. It will run from the backside of pond #2, connecting
to the pond, and cxntinue along the back side of pond #3. The rim ditch
will be approximately 8 feet wide and 5 feet deep. It will have
4 outfalls into the wetland for sheet flowing. (Refer to map for
location of rim ditch.)
2. Pump will run continucitlY to keep rim ditch full to prevent lowering
of ground water on backside of mining area. (Refer to map for
locaticn,,.bf pump.)
3. Dewater to 15 feet below MSL and wet mine additional 5 feet giving
dry working area within dewatered area.
4. stockpile within the mine area allowing the drainage water to run
back into the edwatered area.
5. Install monitoring well as indicated on map.
We appreciate your immediate attention for the approval of this pumping
and monitoring plan.
Sincerely,

May 4, 2000
Mr. Tracy Davis, P.E.
N.C. Dept. of Environment
and Natural ReEcIzoes
Division of Land Resources
State Mining Specialist
P.Q. Box 27687
Raleigh, N.C. 27611-7687
RE: Permit No. 28-09
Farrow Mine
Dare Oounty
Dear Mr. Davis:
This is a request to codify the Farrow Mine---Permit No. 28-09 to allow
dewatering of the existing approved chine excavation to a n=imum depth of
20 feet from the surromiding land surface.
Attached is a copy of the letter addressed to Mr. Robert Tankard of
the Division of Water Quality, stating the dewatering plan.
We appreciate your inrAediate attention of this request for modification,
Sincerely,

Joseph D. Farrow
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June 6, 1994
Regulatory Branch
Action IDs. 199000096 and 199401313
Mr. George S. wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948

Dear Mr. Wood:
Please reference your May 3, 1994, correspondence to Mr. Mike Smith of my
activation of mining operations
d
re
enforcement staff regarding the propose
located south of Buxton, off N.C. Highway
ment
develo
d
w
,
p
s
oo
within the Trent
North Carolina. This operation, known locally as the
bare County
i
,
n
12,
Farrow Pit (North Carolina Division of Land Resources, Land Quality Section
ction filed under
t
m
en
a
Permit #28-09), is also the site of an ongoing enforce
Your letter indicates that
ith)
ll S
.
m
H, T. Smith and Company (Mr. Terre
d Farrow and members of the Phipps Family have retained your
i
h
an
t
Messrs. Sm
rvices to reactivate this mining operation. in addition you indicate that
se
our goal is to have the mining activity fall under the excavation
y
"grandfather" deadline of August 25, 1994, as provided in 33 CFR
323.2 (d) (3) (iii.) .
The grandfather provisions allows excavation to continue if Section 404
that the
and
k
ed that
row ovi
,
p
authorization was not previously required for the wor
d
The g
1993
t 25
.
,
excavation activity commenced prior to Augus
t its does not apply to mechanized
th
a
provision specifically.states
landclearing.
An initial review of our files indicates that the mining which occurred
lted in violations of the
d
resu
on this particular site was done by dragline an
Cease and Desist Order of
Clean Water Act. These violations led to our
no mining has occurred on the site since
ur knowledge
. T
,
o o
December 11, 1989
informed Ly Mr. Terrell Smith during
that time. in addition, Mr. Smith was
e ruining would occur on the site due to pending
this time period that no mor
lans. The Wilmington District has not been informed by the
ment
n
l
p
op
deve
r since then that he intended to mine or allow mining to occur o
property owne
this site. Under these circumstances, we have serious reservations about
to be
titled
.
considering this activity to be an ongoing mining operation en
"grandfathered" under 33 CPR 323.2 (d) (3) (iii) .
-2-
You stated in your correspondence that there is an active State Mining
permit for this property. A review of this permit indicates that operation
Condition (3) seems to preclude mixing in the wetlands. If our reading of the
State permit is correct, then it does not appear that your client has an
active mining permit for any wetlands on the site.
Finally, it is not clear to us that it would be possible to mine these
areas without first engaging in mechanized landclearing.
in order to allow us to make a decision on this matter, you should
provide us with a history of the mining operation on the site, including any
information which would suggest your client intended to mine between DeCeMber,
1989, and August 25, 1993. You should also provide us with any
concerning the language contained in operation Condition (3) outlined above
and an indication that the work can be accomplished without unauthorized
landclearing.
if you have any questions, please contact Mr. Raleigh Bland at our
Washington Regulatory Field Office at [phone] or Mr. Smith at (910)
251-4466.
Sincerely, MUSE:PHIPPS84
CESAW-CO-E/WINEVORDNER
CESAW-CO-E/SMITH
CESAW-OC/LAMSOX
CESAW-CO-E/WRIGHT/s
Mp.IL (CM-RRRR)
G. Wayne Wright CESAW-CO-E/FILES
Chief, Regulatory Branch

-3-
Copies Furnished:
Mo. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27536-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental protection
Agency - Region Iv
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Regional. Director
National Marine Fisheries Services,
NOAA
Duval Building
94501 Koger Boulevard
saint Petersburg, Florida 33702
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Division coastal management
North Carolina Department of
Environment, Health, and
Natural Resources
post Office Box 769
Morehead City, North Carolina 28557
Division of coastal management
North Carolina Department of
Environment, Health, and
Natural Resources
1367 US 17 $.
Elizabeth City, North Carolina 27909
Mr. Terrell Smith
c/o X.T. Smith and Company
10 Perimeter Park Drive
suite 104
Atlanta, Georgia 30341
Mr. Joseph D. Farrow
Frisco Contracting
Post Office Box 129
Frisco, North Carolina 27936