20011183 Ver 1_Complete File_20020802

`o?dF wn,?ROG
r
o ?
micnaei r. tasiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
August 28, 2001
DWQ # 011183
YanceyCounty
Braskie Anglin
15 Ballard Road
Weaverville, NC 28787
Dear Mr. Anglin:
On August 2, 2001 the Division of Water Quality (DWQ) was notified by receipt of your applications regarding your plan to fill
wetlands in Yancey County. Approval from DWQ is required to disturb these waters. Please provide seven copies of the following
information and refer to the DWQ # listed above in your reply. In particular report the length of stream which has been impacted. Also
provide a site plan to allow us to determine if additional streams will be impacted as this project is developed. Please show these on
maps of suitable scale (for instance 1" =100 feet) so we can begin to determine your projects' compliance with 15A NCAC 21-1.0500.
Please call me at [phone] if you have any questions or would require copies of our rules or procedural materials. This
project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin
when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to
pursue the project and will consider it withdrawn.
Sincerely,
D ney
Cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
File Copy
Central Files
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
TIV,
NC6E-NR
Customer Service
1 800 623-7748
QUIa-1
Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
;n, 2-a0
# 01--11
>3
County
"C!
Ord,
c- ag??n
Dear Mr.
On the Division of Water Quality (DWQ) was
applications regar ng your plan to fill wetlands for the purpose of
County. Approval from DWQ is required to disturb these Please provide seven copies
of the following information and refer to the DWQ # listed above in your reply. In particular err

1 Please show
these on maps of suitable scale (for instance 1° = 100 feet) so we can begin to determi a your projects'
compliance with 15A NCAC 21-1.0500.
Please call me at [phone] if you have any questions or would require c pies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is eceived. If we do not
hear from you by writing within three (3) weeks we will assume you no longer want to ursue the project and
will consider it withdrawn.
Sincerely,
,J ls?
John R. Dorney
Cc: 4a1A'2 DWQ Regional Office s Om us
CJ A\ ?-, Corps of Engineers
?? AI or ?C
File Copy Cx
Central Files
LA
ASA.
NDE R
notified by receipt of your
in
Division of Water Quarrty 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit [phone]
Fax: [phone]
MEMORANDUM
TO: John Dorney ,)-Regional Contact: Wanda Frazier
Non-Discharge Bran -Af ` `` ?p WQ Supervisor:
q-z - ? , Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Braskie Anglin County Yancey
Project Number 01 1183 County2
Recvd From APP Region Asheville
Received Date 8/2101 Recvd By Region
Project Type road crossing
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O Y O N F 7-2-52-31 ?- TR 40,306. F- 25.00 ?-
I;; O.Y. ON -f -F-I ,' 1 rF -1; a `CF_
f
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y (0 N
Provided by Region: Latitude (ddmmss) 355836
Recommendation: (0 Issue 0 Issue/Coed 0 Deny
Longitude (ddmmss) 822347
Comments:
This certification is after the fact. The culvert was installed in July. I was notified by Land Quality
about the activity. I sent the 401 application package to Mr. Anglin. He brought to the office and
we discussed what was done- Recommend issuance.

\ V\'
- L

cc: Regional Office
Central Office Page Number 1
f '
Office Use Only: 0 1 118 3 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Chec all of the approval(s) requested for this project: FILE
Section 404 Permit copy
Section 10 Permit
[ O1 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: _A/W `/
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: F]
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: E
II. Applicant Information
1. Owner/Applicant Information
Name: Q. Mailing Address: S- __L
Gt/n AV e 4 L) Z A/ ?C- -22-797
Telephone Number: S,-.24- G S f1 7S-4 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
C y?l>
Page 3, of 12
1
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of uroiect: .41 sk i4. )J
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County:_ q o iv c, !-1i Nearest Town: W&x,_s Z/
Subdivisio name (in ude phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Fri. o ?. J 91,.> ? / `3 ?' S? ?/n ?- ?. d r?i / ??,? ? ..sC?c? 1 S. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
-7%, S " , z
7. Property size (acres): ,2,157AcA_.r.
8. Nearest body of water (stream/river/sound/ocean/lake): Zo,,g
9. River Basin:i?-,? ?G. F/^v n L
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/mai)s/.)
I)- d nF 11
10. Describe the purpose of the proposed work: -?o in?s7? l? d cam- l ?a rl??uw
11. List the type of equipment to be used to construct the project: -z!?d c-k L,
12. Describe the land use in the vicinity of this project: 41.1 ?-t, /a,,?
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
?v loo
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N-,I;j?4
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Pate 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httv://www.fema-go .
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
v'Cti.? N A/ e4- G../-/,b

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
D.,-< ..,r 1'1
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

r Last cacn impact separately ana taentiry temporary impacts. impacts mciuae, out are not umnea to: rill, excavation, areagmg,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): F-] uplands F] stream F? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be usefiil to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
D.,,.o I -r 1'l
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation'plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Dram Technical Guide for Stream Work in North Carolina, available at
hqp://h2o.enr.state.nc.us/ncwetlands/stnngide.htrnl.
Provide a brief description of the proposed mitigation plan. The description should provide
as much ' information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin,, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
11___ O _1: I?

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )`?
Yes ? No ? If you answered "yes", provide the following information:
f
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1
2 1.5
Total
i.one i extenus out ju ieet perpenuicuiar tram near oanx or cnannet; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
X1H. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes F-1 No R
Is this an after- a-fact permit application?
Yes No 0
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

-1W-O
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room. 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell. Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden. Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
larine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center
Q 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650
e? Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
3855 Idlewild Road
Kemersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey

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BLUE RIDGE GRADING
570 Sparmill Road
Bumsvilk, NC 28714
(J3©03 GCS
JACK GRINDSTAFF 7,q(gN 675.4711
ern :?i
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
July 24, 2001
CERTIFIED MAIL - 7000 0600 0025 1233 6557
RETURN RECEIPT REQUESTED
Braske Anglin and Others
Rt. 4, Box 354
Burnsville, NC 28714
ANGLIN PROPERTY/YANCE-2002-00 3 /FRENCH BROAD RIVER BASIN
On July 18, 201, personnel of this office inspected the Anglin property. This inspection was performed to
determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection
revealed a land-disturbing activity of approximately < 1 acre being conducted.
It Is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS § 1 13A-50 to 66,
and Title I SA, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to take all reasonable measures to protect all public and private property from damage by such
land-disturbing activities. 15A NCAC 4B.0005. Offslte damage has occurred due to sediment
washing into Long Branch Creek and the Cane River.
2. Failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to
confine visible siltation by natural or artificial means within the 25 percent of that portion of the buffer
zone nearest the land-disturbing activity, whichever is the greater width. NCGS § 1 13A-57(1) and
15A NCAC.002 5 (b). No buffer zone was provided along the Cane River and Long Branch Creek.
To correct these violations, you must stabilize all of the disturbed areas and install erosion control measures which
are sufficient to retain sediment on site. See the enclosed sedimentation inspection report for the needed
corrective actions.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground
cover sufficient to restrain erosion. These requirements are not satisfied until a standing cover of grass or other
ground cover (such as properly applied and secured mulched seeding or appropriate rip-rap) is established which
is, in fact, sufficient to restrain accelerated or man-made erosion.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Intemet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post-consumer paper
Braske Anglin and Others
)uly 24, 2001
Page 2
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before Aueust 1, 2001, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 1 13A-64.
That action could be the assessment of a civil penalty and the amount may be up to $5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 1 13A-
61(a)(1). If these violations are corrected within the time period specified for compliance, no further legal
action will be pursued.
Please be advised that any new land-disturbing activity associated with this project must not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should
notify this office so the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning. this Notice or the requirements of the Act, please contact either Alison Davidson (ext.
#264) or me (ext. #290) at 828/251-6208.
sincerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:VAD:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.
Draft - for Internal Review and Comments
Date:
To: ?RRO
?FRO
?WaRO
?WiRO
?WSRO
?RO
?MRO
Steve Mitchell
Ken Averitte
Deborah Sawyer
Joanne Steenhuis
Jennifer Frye
Mike! Parker
Pete Colwell
Triage Check List
FjIf
Project Name M bP=A 1 I? __-
DWQ Project Number ?1?_---
County-YL_vr e
Comments due in Central Office
From: n -?2ELk? ---U Telephone (919) 733- Zoo
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimization/avoidance issues
? NW 14
? Neuse Buffer Rules
? Pond fill (is the pond drained or holding water)
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and acceptable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns

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Receipt No.
Date r
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FOR T,. ! .. A
FROM TO
ACCT. 4, ash
PAID
check
DUE i? tT1Fxf? ?v,`,':
27882
$ _?Z"Y

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