20210339 Ver 1_Pre Filing Meeting Documents_20210212

Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:
Isthis atransportation project?*
Type(s) of approval sought from the DWR:
FEB -u 2021
WQROS
MVVHESVILLEREGIONAL OFFICE
Jason Freeman
James B "Ben" Hinson
!Seawall replacement
|Ca�wba
' `
Street Address
-7374 Right Angle Street
Address Line u
m'
iSherrills Ford
Postal / Zip Code
28674
State / Province /eoown
Country
IUSA
9W
1,0RI H CARO� W,
[--l4U1Water Quality Certification -Regular [�-l401Water Quality Certification 'Express
F-1 Individual Permit r—� Modification
Shoreline Stabilization
Does this project have onexisting project |D#?*
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r=� ��
Yes �� No
Do you know the name of the staff member you would like to request a meeting with?
Please give abrief project description bolow.w

Value is required.
Please give a couple of dates you are available for a meeting.
Add additional dates
Please attach the documentation you would like to have the meeting about.
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pdf only ,
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an application.
Signature* Digitally signed by James B Hinson
,s M cn=James B Hinson, o, ou,
-/rii�`';'.3/lr°sl/° .� J email=[e-mail],
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Date:2021.01.15 10:34:11-05'00'
Submittal Date Date captured on form sgbmissign
Submit

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208 IVED/NCDEO/DW
ASHEVILLE, NORTH CAROLINA 28801-5006
February 5, 2021 FEB 10 20�1
Regulatory Division
SAW-2019-01335
SUBJECT: Status Update Request for Cox Brothers Farms Ongoing Violation Union
County
Mr. Russell F. Cox, Trustee
The Cox Irrevocable Trust
6409 Rape Road
Monroe, North Carolina 28112
Dear Mr. Cox,
Please reference the September 26, 2019, Notice of Violation and my August 24,
2020, electronic communication (attached) granting your request for additional time to
complete the Norkett Branch Stream Restoration effort. This extension approval
included the stipulation that Cox Brothers Farms provide a status update to my office by
October 26, 2020, detailing a revised timeline for initiating and completing the work. No
update has been received.
The straightening, excavation, and fill activities undertaken by Cox Brothers Farms
within Norkett Branch and adjacent wetlands, all jurisdictional Waters of the United
States, without the prior approval from this office in the form of a Department of the
Army (DA) permit, continues to constitute violations of Section 301 of the Clean Water
Act (33 USC 1311). It is imperative that Cox Brothers Farms complete the requisite
restoration activities as previously agreed.
Please provide an updated construction timeline to my office in writing no later than
February 22, 2021. Failure to comply with this request may result in referral of this
matter to the United States Attorney and/or the United States Environmental Protection
Agency with a recommendation for appropriate action.
If you have any questions regarding this notice, please contact me or
Mr. Bryan Roden -Reynolds by telephone at 704-510-1440 or by e-mail at
brvan.k. rode nreynolds(a)usace.army.mil.

-2-
Sincerely,
Date:2021.02.05
14:24:50-05'00'
Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
Enclosures
cc (w/enclosures):
Mr. R. Andrew Murray
U.S. Attorney
Western District of North Carolina
227 West Trade Street, Suite 1650
Charlotte, North Carolina, 28202
Mr. Christopher Parker
Soil Scientist
Enforcement and Compliance Assurance Division
Surface Water and Groundwater Section
U.S. Environmental Protection Agency - Region IV
61 Forsyth Street SW
Atlanta, Georgia 30303-8960
Jlr. Andrew Pitner
Water Quality Program Supervisor
North Carolina Division of Water Resources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Ms. Shauntae Britt
District Conservationist
Natural Resource Conservation Service
3230 Presson Road
Monroe, North Carolina 28112
Mr. Brian West
Executive Director
Union County Farm Service Agency -
3230 Presson Road
Monroe, North Carolina 28112

-3-
Mr. Matt Kinane
State Resources Conservationist
USDA Natural Resources Conservation Office
4407 Bland Road, Suite 117
Raleigh, North Carolina 27609

From:
Jones M Scott (Scott) CIV USARMY CESAW (USA)
To:
Rusty Co
Cc:
Campbell Cox; Roden Reynolds, Bryan K CIV lUS); Johnson, Alan; Shawn Wilkerson
Subject:
Norkett Branch Stream Restoration Timeline
Date:
Monday, August 24, 2020 2:54:00 PM
Attachments:
Cox Brothers Farms APT 20200822.Ddf
Mr. Cox —
During our phone conversation earlier today, you requested that the Corps allow a pause in the
Norkett Branch Stream Restoration construction timeline based on several factors, including:
1. Current site conditions wetter than normal (annual precipitation data at the Cox Brothers
Farms Office exceeding normal amounts by 9-14 inches) for the period 01 JAN — 24 AUG 2020;
2. An ongoing delay in crop rotational planting / harvesting resulting from wetter than normal
conditions;
3. Immediate family members diagnosed with serious medical condition; and,
4. Reduced workforce due to COVID-19 pandemic.
The Corps agreed to pause the restoration work scheduled for this Fall until 26 OCT 2020. At that
time we request that Cox Brothers provide the Corps a status update on your company's ability to
initiate and complete construction as planned.
Best regards,
Scott Jones, Chief
Asheville and Charlotte Regulatory Field Offices
USACE —Wilmington District
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
0 — 828.271.7980, ext. 4222