HomeMy WebLinkAbout20010443 Ver 1_Complete File_20010326O?O?A T ?RQG
April 25, 2001
Avery County
DWQ Project # 010443
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Town of Banner Elk
C/o Danny Clark
Post Office Box 156
Banner Elk, NC 28604
Dear Mr. Clark:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill material in 30 linear feet of streams for the purpose of temporary road
crossings to a wetland improvement area near Banner Elk Town Hall as described in your
revised application dated April 18, 2001. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3289. This certification
allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. 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 Water shed 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. Only three culverts are approved and one must be higher to accept flood flows.
2. The two culverts in the active stream must be set one feet below the stream bed to allow
fish movement.
3. Only clean shore shall be used for fill.
4. No live concrete shall contact surface waters.
5. Sediment and Erosion Control measures for High Quality Waters must be used.
6. Culverts shall be removed and site revegetated immediately after construction is
complete.
ev.
?..i
Michael F. Easley
Governor
Sherri Evans-Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: (919) 733-1786
Fax: (919) 733-9959
w Ark
9 p
Michael F. Easley
\Q G Governor
Sherri Evans-Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T, Stevens
Division of Water Quality
7. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the Division of Water Quality.
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-
9646.
Sincerely,
Derr . Steve s
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Todd St. John
NhuLN4
Division of Water Quality 1621 Mail Service Center Ralelgh, NC 27699-1621
Wetlands/401 Unit: (919) 733-1786
Fax: (919) 733-9959
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Banner Elk County Avery
Project Number 01 0443 County2
Recvd From APP Region Asheville
Received Date 3/26/01 Recvd By Region
Project Type temp road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 Stream O YO N F- 8-22-7 F-c 7 TR 40,201. F F_ 30.00 I -
Y
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y tP N Did you request more Info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y (P N Recommendation: Q Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 360951 Longitude (ddmmss) 815202
Comments:
Requested change of design from four culverts to three with one culvert set high to accept
stormwater flow. Recommend issuance with the following conditions:
1. Culverts in the actual water be set one foot below the surface of water to allow for fish and
wildlife migration.
2. Only clean stone is to be used for backfill.
3. No live concrete shall be allowed to come into contact with surface waters until it has hardened.
4. Sediment and Erosion control practices for trout waters shall be employed, Trout are present in
this area. WRC shocked stream while I was there.
5. Culverts shall be removed when construction of wetland is complete,
cc: Regional Office
Central Office Page Number 1
VAUGHN & MELTON
Consulting Engineers
1318-F PATTON AVENUE
ASHEVILLE, NORTH CAROLINA 28806
(828) 253-2796
FAX (828) 253-4864
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1-1 FOR BIDS DUE
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COPY TO --- - - -- - - SIGNED:
Vaughn & Melton
Consulting Engineers
Post Office Box 16339
Asheville, North Carolina 28816
(828) 253-2796
Fax (828) 253-4864
Email: vandm@vaughnandmelton.com
April 18, 2001 APR Z 3 2MI
Mr. John Dorney
NCDEHNR
2321 Crabtree Blvd. #250
Raleigh, NC 27604
Dear Mr. Dorney:
Please find attached the revised drawings for the Shawneehaw Creek
crossing in Banner Elk, NC near the town hall.
We hope they meet your approval, but if you have any further
questions please call.
Thank you for your time to review this project.
Tamra K. Dawsey
Sincerely,
4'..
Park Terrace Center • 1318-F Patton Avenue • Asheville, North Carolina 28806
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VAUGHN & MELTON
Consulting Engineers
1318-F PATTON AVENUE
ASHEVILLE, NORTH CAROLINA 28806
(828) 253-2796
FAX (828) 253-4864
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h(For approval I I Approved as submitted
? For your use I I Approved as noted
? As requested ? Returned for corrections
[--.I For review and comment 1-1
-
? FOR BIDS DUE
REMARKS
? Resubmit copies for approval
F] Submit copies for distribution
I I Return -corrected prints
19 11 PRINTS RETURNED AFTER LOAN TO US
PAYMENT
RECEIVED
COPY TO SIGNED: /
Vaughn & Meldon
Consulting Engineers
Post Office Box 16339
Asheville, North Carolina 28816
(828) 253-2796
Fax (828) 253-4864
Email: vandm@vaughnandmelton.com
March 19, 2001
John R. Dorney
Wetlands/401 Unit 01044'
2321 Crabtree Blvd. 4250 Raleigh, North Carolina 27604
Dear Mr. Dorney:
Please find enclosed 7 ke-construction notification applications, along with
7 copies of the topographic vicinity map, 7 copies of 8'/2" X l 1" drawings
of the project site in Banner Elk, NC. and a check for $200.00 for less than
an acre of wetland impact and less than 150 linear feet of stream impact.
The proposed temporary stream crossing is for construction equipment
(backhoe) to cross Shawneehaw Creek during excavation for a constructed
wetland.
The crossing area to be constructed includes the placement of four - 24"
Corrugated Metal Pipe in Shawneehaw Creek to be back-filled with washed
stone using a back-hoe for placement of materials.
This crossing will be designated as a Temporary Access location for
construction equipment to the constructed wetland.
Thank you for your time and attention to this project. PAYMENT
RECEIVED
Sincerely,
*?C? cxa-0?1
Michael Calhoun, PE
Park Terrace Center • 1318-F Patton Avenue • Asheville, North Carolina 28806
010443
ULM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : _ I!-
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
i
$E4D THE ORIGINAL AND (1) COPY OF THIS, COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS,, OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD HE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PI.S -g DRINT.
1. , PN*RS MANN: owo of C3gUaE2 1:LK. ?fo 1`?auu?u? CL"t
2. MAILING ADDRESS :_ . O. 13O X 15
SUBDIVISION NAME:
CITY: 13ANuert ELL(, STATE: m- ZIP CODE: Z8rioLl
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFEREM FROM
MAILING ADDRESS ABOVE): t
3. TELEPHONE NUMBER ( HOME) : (WORK) : 9 28 - $ 9 S - S 3 9 8
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER : MI t khrSL A, (' 40y aN (929) Z 'f 3-21%
V AyGiFN -t- mc(,TDN Com s uLnNG GNG iN izk e5
1318-F PA-fibN .4vE. , As&wi1. x, N?_?$8o _
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : A vs F -V NEAREST TOWN OR CITY: [bAN NEIL
I I
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) e)I=F VC 'eq.
NEAR GAtJ0E2 ELK 'T WQ f+A-LL 13ESIOE Fool ORLOGE
A!CR45S 5RAWMEERAW C1zEEK APP 12.66ENTLIt Co1J57?dLT?n
R oFM wl4y . _
6. IMPACTED OR NEAREST STREAM/RIVER : 7A I? N EF ?7A ?'`? C ?EE;K
RIVER BASIN: U.)ATTAU(PA RLUE9 DA$ W ._.-?-.
PAYMENT
RECHVED
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTNATSR
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORN)), WATER SUppLY .
(WS - I OR WS - I I) ? YES ()() NO [ ) IF YES, EXPLAIN : . TIC
VAnC L t F-E S L CON DA-A V BECK CA-T7o N , FR-(SS if . 'rito T lWA-m2S
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? 01A YES [ J NO ( )
7C. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: AVA
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ) NO [ Ler' IF YES, PROVIDE1ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ I NO [ W IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 4 I.o At-rE
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SATE: ,L ?.O A-r-9
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: L (.O A;G(Z, - EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .C I ACRE
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: ?( FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER : _ 15 1 FT
AVERAGE DEPTH BEFORE : FT AFTER : S FT
(2) STRE_nM Ckstafs?L IMPACTa WZ •L RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL ELEVATION: CONSTRUCTION OF A DAWFLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
IJ?A-
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12• DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL Bmvwnrr
TO BE USED (ATTACH PLANS: ON" X 11" DRAWINGS ONLY) : _PLACEMEPT OF
Foy12- 2?,? C?MP`s (k 5H-4WNEEH-ALJ CR-EEk TN-Etj (3qc? FIL Fn
(?J T}? Lt)A? S N? D 57-60E Foe. A- 'TLm PoR A-f q ACC E'5 S -M W E T LA4ND5
)CoilE mF-&)T kQEA 13RD 6- U)ILC, 0E 0SE10
13. PURPOSE OF PROPOSED WORK:-_Q TEINPORARfLU A-GG65S THE S'mjtmWAjw
TµPRoUEW?ENT h?EA f3U H-sav!/ EQUiPmgJT7,
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SSE AGENCY ADDRESSES SHEET) REGARDING,
THE PRESENCE OF ANY FEDBRALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATBNBD SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BB AFFSCT3D BY
THE PROPOSED PROJECT.
DATE CONTACTED: 2-2-3-01 (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFIgRR (SHPO) (833
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED : 2-s3 -O 1
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [x j NO [ j (IF NO, GO TO 18) 4 30o, 0oo C'lRA?)T - C LEAO UAtTO-
TRUST t--uA#a
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ j NO [ X ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ) NO ( j
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELiPHOlm
(919) 733-6369.
28. TTiE FOLLOWING ITEMS SHOULD BB INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE *OF EXCAVATED OR FILL MATERIAL INTO WOTyANDS :
A• WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAM AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP,
MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e . WHAT IS LAND USE OF SURROUNDING PROPERTY? _ PARK . P.45TVAE L A OD
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
$. SITED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAOENSNT
(WATER QUALITY) CERTIFICATION.
o? vez* oe6i7-1? L6
R' S/ ENT' S SIGNA
(AGENT' SIGNATURE VALID ONLY
IF A IZATION LETTER FROM
THE O R IS PROVIDED (18G.) )
DATE
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28806
(704) 258-3939
Water Quality Planning
Division of Water Quality
NC Department of Environment, Health,
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
(919) 733-1786
J, t." Dal r' ".9),
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
(704) 271-4854
State Historic Preservation Office
NC Division of Archives 8t History
109 East Jones Street
• Raleigh, North Carolina 27601
(919) 733-4763
North Carolina Wildlife Resources Commission
Fisheries Biologists
Joe Mickey
155 Timberbrook Trail
State Road, NC 28676
(910) 366-2982
Alleghany
Ashe
Avery
Burke
Caldwell
Mitchell
Stokes
S urry
Watauga
Wilkes
4 2 1370
4 L
Zs?? ?Za?'
Mark Davis
Old Fish Hatchery
20830 Croat Smoky Mtn.j5cpressway
Waynesville, NC 28786
(704) 452-2546/(704) 452-7772 (fax)
Buncombe
Cherokee
Clay
Graham
Haywood
Henderson
Jackson
Macon
Madison
McDowell
Polk
Rutherford
Swain
Transylvania
Yancey
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LOCATION OF PROPOSED FOUR 24" PIPES IN SHAWNEEHAW CREEK
FOR TEMPORARY ACCESS CROSSING TO
PROPOSED STORMWATER IMPROVEMENT LOCATION.
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NATIONAL GEODETIC VERTICAL DATUM OF 1929
PROPOSED RIVER CROSSING
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THE TOWN OF BANNER ELK
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_ KJ forth. Carolina Wildlife Resources Conimiss?«a1 ?' ?
Cltarica; I?. l?ulllv,>nd, l,?:ccueivc I?)irccti>r
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of F;,gjneers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program '
DA'Z'E: March 15, 2001
SUBJECT: Review of an application by the Town of Banner Elk, Temporary Stream Crossing,
Shawneehaw Creek, Avery County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NC WRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has
reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat
values of the project area. These comments are provided in accordance with provisions of the Clean Water
Act of 1977 (33 U.S,C. 466 et. seq) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended,
16 U.S.C. 661-667d). The Town of BannerF,Ik proposes to install and use a temporary crossing fora
construction access to a wetland restoration site during the months of July and August. Wild rainbow and
brown trout are present in the creek and Elk River downstream.
Based on the information provided by the applicant and our information on the range of trout in
the project area, we do not believe this project will cause significant effects to waters supporting trout
providing the following conditions are implemented:
l . Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and
try stages of trout from off-site sedimentation during construction.
2. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion.
3. Clean pipes and clean stone should be installed in a manner that insures a continuous
thalweg so as not to interfere with fish passage. No damming or freefalling of stream
waters should occur during low flow conditions. The existing stream dimensions should
be fully restored upon completion.
4. Stream banks should be revegetated with native riparian species upon completion.
5. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water, ]'his will lessen the chance of altering the stream's water chemistry
and causing a fish kill.
"thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Michael Calhoun, Consulting Engineer
.John Dorney, DWQ
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Mai ing Address: DPOSI n o Inland 1 f wri: ? ?til riI So i cc i -trr • hil?°ihb, N(_, 27699-112 1
Telephone: (919) 71j.", ')(,33 ext. c?S; ° ) i 7 15 - 7 13