20050844 Ver 2_More Info Letter_20100810

Cranford, Chuck
From: Cranford, Chuck
Sent: Tuesday, August 10, 2010 4:15 PM
To: '[e-mail]'
Cc: Lori Beckwith; McHenry, David G.
Subject: RE: Questions about Lipsey Property
Mr. Jacobs:
Very good. By way of your response below, DWQ will place your project "On Hold," which gives you 30 days to respond.
If we do not receive your modified application by September 9, 2010, we will consider your project withdrawn and you
will need to reapply.
Contact me if I can be of any help.
Sincerely,
Chuck
**********************************************
Chuck Cranford - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, August 10, 2010 8:35 AM
To: Cranford, Chuck
Subject: Re: Questions about Lipsey Property
Mr. Crawford,
We are going to submit a modification asking for only 149 feet of pipe for the stream. I'll have the engineer look at the
section of Water Quality Certification that you pointed out.
Thanks For Your Time.
John Jacobs.
-----Original Message-----
From: Cranford, Chuck <[e-mail]>
To: Beckwith, Loretta A SAW <Loretta. A. Beckwith@ usace. army. m i I>; JohnNC1999 <[e-mail]>
Sent: Mon, Aug 9, 2010 1:09 pm
Subject: RE: Questions about Lipsey Property
Lori:
Thank you for the information.
-----------------------
Mr. Jacobs:
It sounds like you plan on major changes to your project.
Do you plan on withdrawing the current application or submitting a modification?
Please confirm your intentions and we will update our records accordingly.
To clarify, your project must impact less than 150 feet of stream to avoid
mitigation requirements.
Also, I wanted to highlight the stormwater management plan requirements for your
project. Please review the attached Water Quality Certification paying
particular attention to Condition 12.
Please let me know if you have any questions.
Regards,
Chuck
**********************************************
Chuck Cranford - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Original Message-----
From: Beckwith, Loretta A SAW [mailto:[e-mail]]
Sent: Monday, August 09, 2010 12:35 PM
To: [e-mail]
Cc: Cranford, Chuck
Subject: RE: Questions about Lipsey Property
Mr. Jacobs,
Thank you for your response.
As I noted below, if your client will provide a statement (number 4 in my
e-mail below), we can consider these (the residential properties and the
commercial/facility properties) to be separate - as such, we will not
consider the impacts cumulatively (pond impact and future facility impacts),
and mitigation won't be required if impacts are 150' or less. I understand
that you're checking with your attorney.
If he cannot submit such a statement, we must consider impacts cumulatively
(150+ pond plus 150 proposed at the facility). Any impact over 150 if will
require mitigation.
2
If Mr. Lipsey can provide a statement that these areas are separate, he still
needs to address the pond that was constructed without a permit. In order to
do this, he needs to submit an after-the-fact application for the pond, along
with any proposed measures to bring the impact to 150' or less. He needs to
submit a complete application for the pond in the next 30 days, in an effort
to move toward resolution of this issue. As I discussed with your consultant
during the site visit, a delineation of waters of the U.S., from the spring
above the pond, needs to accompany the application.
I've copy furnished Chuck Cranford of the N.C. Division of Water Quality on
this e-mail string, as he has asked for information on the site visit.
Please contact him regarding any state requirements.
Thank you,
Lori Beckwith
-----Original Message-----
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, August 05, 2010 2:45 PM
To: Beckwith, Loretta A SAW
Subject: Re: Questions about Lipsey Property
Good Afternoon to You,
1. All of the properties (Tracts) are deeded to the Lipsey Family Trust. None
to the company or companies owned by the Lipsey's.
2. See above.
3. All roads on the property were built long before the Lipsey's brought the
land. It was our understanding that the party who owned the 48 acre tract had
planned to put a subdivision in.. The road by the pond was there. This was
all done about 35 years ago. Old aerials show that road.
4. Yes to all, except I am confused to the section about the well. The lower
well and spring will be used for the facility. This well could be strictly
deeded to the facility. The upper well is only piped for the residence and
pond. Let me run only that part by our lawyer.
We measured the area around the pond. 76 feet from back of pond to dam wall.
83 ft. from dam to far side of culvert under road. Total 159 ft... Ouch.. We
talked about putting a bridge where the old culvert is now. But will have a
problem with existing electric, phone and water line. Lori, was it my
understanding that we can take out part of that concrete water way to get
under the 150 feet?
My final decision after looking at the plans is that we are going to ask for
only 150 feet of culvert to pipe the stream at the facility. One party was
very unhappy! But there will still be plenty of work. No matter what we will
improve the stream below the facility.
Thanks for your time.
John Jacobs
In a message dated 8/5/2010 11:42:28 A.M. Eastern Daylight Time,
[e-mail] writes:
Good afternoon,
3
As we discussed yesterday, I spoke with my supervisor about project
area and
if the residential/conservation and facility properties would be
considered
as one area, or as separate areas. He had a few questions:
(From Ronnie's e-mail)
0400420 - 2.5 AC, Facility
0400556 - 0.56 AC, Facility
0430349 - 19.49 AC, Facility
0400278 - 48.27 AC, Residential (pond) and Conservation
0400288 - 69.16 AC, Conservation
The information/questions below references these properties:
1. How are the facility properties deeded - are they under Mr.
Lipsey's name
or under the company name?
if ?
2. How are the residential and conservation properties deeded - "
3. I understood that the roads were all old logging roads - is this
correct,
to include the road that goes by the pond? If not, please provide
details.
When (approximately) were these roads built?
4. Can Mr. Lipsey provide a written statement to the effect that any
structure, infrastructure, amenity, building, pond, etc., on any of
the
listed residential/conservation properties are in no way/nor will
they ever
be related to the commercial/facility properties/activities - i.e.,
no
offices for the business on the residential/conservation properties,
no wells
for the business on the residential/conservation properties, no guest
quarters for visiting customers on the residential/conservation
properties,
no shared infrastructure (with the possible exceptions of electricity
and use
of old logging roads) between the residential/conservation and
facility
properties, etc.? Are the residential/conservation and
facility/commercial
properties and activities totally separate (and will they remain so)?
This
also applies to residential/conservation activities occurring on the
facility/commercial properties as well (the opposite way).
If this is not true and the properties identified as
residential/conservation
will somehow be involved in the commercial/facility properties or
activities,
or the commercial/facility properties will be involved in the
residential/conservations properties or activities, we must consider
all the
property and impacts to be in a single project area.
Please let me know if you need me to clarify any of the information
in this
4
e-mail.
Thank you,
Lori Beckwith
U.S. Army Corps of Engineers
Wilmington District
Asheville Regulatory Field Office
[phone], ext. 223