20080235 Ver 1_Notice of Violation_20070608

Re Cameron village
Subject: Re Cameron village
From: Sue Homewood <Sue Homewood @ncmail.net>
Date: Wed, 02 Jan 2008 13 31:11 -0500
To: Peter DeVries <phd @geotec com>
CC: John Thomas <John T.Thomas JR @saw02 usace army mil>
Peter,
DWQ believes we have provided plenty of time for an application to be submitted.
Please submit the after the fact application by Feb. If 2008. After that date it
will be our intention to move forward with enforcement and assessment of civil
penalties for failure to apply for a permit for stream impacts.
Thank you,
Sue
Sue Homewood
NC DENR Winston -Salem Regional Office
Division of Water Quality 585 Waughtown Street
Winston - Salem, NC 27107
Voice. (336) 771 -5000
FAX: [phone]
On 11/23/2007 11:13 AM, Peter DeVries wrote:
Sue,
I am almost done with this Cameron Village thing. My engineer is out of town
today but will be back Monday or Tuesday to review and seal the drawings and
certification. I will hand deliver your package before Thursday next week.
1 of 1 1/2/2008 1 31 PM

eo s dance
9 9 P.A.
"Practical Engineering &
Environmental Solutions"
2050 Northpoint Drive • Suite A • Winston - Salem, NC 27106
Phone [phone] • Fax [phone]
e -mail geosci @ geotec com
Maw 21; 2007 �
;71
e Home od
North olina Department of Environment and Natural Resources
lion of Water Quality
585 Waughtown Street
Winston- Salem, NC 27107
RECEIVED
N.C, peR� of EP
JUN 2 2'2007
Khnstan -gale:
Regional
Reference: Notice of Violation, Cameron Village Subdivision, Phase II, Peacehaven Road,
Clemmons, NC
Ms `Homewood.
Geoscience & Technology, P A (GeoSci), on behalf of Robert Wooten of Eagle Developing
Company (Eagle), is pleased to submit this initial response to a Notice of Violation (NOV) dated
June 8, 2007 of Failure to Obtain a 401 Water Quality Certification for the Cameron Village
Subdivision, Phase II, Peacehaven Road, Clemmons, NC.
In August 2005, Mr. Wooten contracted GeoSci to evaluate a drainage area adjacent to the northeast
;oinei o, Cai-ficron Village prior to possible impacts to sui-face water from proposed development.
Based on the NC Division of Water Quality's (DWQ) Stream Classification form that was in use
at that time, it is GeoSci's opinion that the surface water in this drainage valley classified below the
`intermittent' threshold of 19 points. That is, the observed conditions within the surface water
channel did not meet the criteria for an intermittent stream. The USGS topographic map does not
indicate surface water of any kind in this drainage At the time of GeoSci's evaluation, August 30,
2005, the surface water within the drainage and within the boundaries of Eagl'e's property was
discontinuous; that is, within the approximately 150 linear feet (LF) of channel area, the linear
footage of surface water totaled approximately 100 LF. Based on our evaluation and the
development plans in 2005, it was GeoSci's opinion that the proposed impacts were below the
permitting threshold (150 LF) for stream impacts Therefore, Section 404 and Section 401 permits
were not applied for

Pursuant to Item 2 in the Required Response and Corrective Action section of the NOV, it is Mr.
Wooten's intention to apply for an `after- the -fact' Section 404 permit from the US Army Corps of
Engineers and any associated Division of Water Quality issued 401 certifications for all impacts to
the stream GeoSci is proceeding with the preparation of the permit application(s) and expects to
submit within 30 days of the date of this document.
Thank you for your time and consideration in this matter Please call Peter H. DeVrnes at
336.896 1300 if you have any questions
Sincerely,
GEOSCIENCE & TECHNOLOGY, P.A
V `
Peter H. DeVries
Project Geologist

�OF W ATFRO Michael F Easley, Governor
William G Ross Jr, Secretary
co North Carolina Department of Environment and Natural Resources
p_'c Coleen Sullins, Director
Division of Water Quality
June 8, 2007
CERTIFIED MAIL 7006 0810 0002 3959 9391
RETURN RECEIPT REQUESTED
Mr Robert Wooten
Eagle Deveolping Company
4001 -G Country Club Rd
Winston - Salem, NC 27104
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
Failure to Obtain a 401 Water Quality Certification
Cameron Village Subdivision Phase.II, Peacehaven Rd — Clemmons, NC
Forsyth County
Dear Mr Wooten
Sue Homewood from the Winston -Salem Regional Office of the Department of Environment and Natural
Resources, Division of Water Quality (DWQ) conducted a site inspection of the subject land disturbing
activities located at 783 S Peacehaven Road in Clemmons, North Carolina on May 25, 2007 Based on
documentation supplied by Forsyth County, it is our understanding that you are the financially
responsible person for this project During the site visit, Ms Homewood observed impacts caused by this
project to an unnamed tributary to Muddy Creek (Class C, Yadkin -Pee Dee River Basin) As a result of
these observations, the Winston -Salem Regional Office conducted a file review Accordingly, the
following violations were confirmed as a result of this review and the site inspection
Failure to Obtain a Section 401 Water Quality Certification
The Winston -Salem Regional Office confirmed that installation of a pipe (approximately 127 linear feet)
has occurred within a stream channel prior to the proper securing of a Section 404 Nationwide Permit
from the U S. Army Corps of Engineers A Section 401 Water Quality Certification is also required for
the above - mentioned impacts pursuant to 15A NCAC 2H 0500 Per confirmation from Mr Peter
DeVnes at GeoScience & Technology P A, no Section 401 Water Quality Certification has been issued,
nor are these activities covered by a General or Individual Section 401 Water Quality Certification,
therefore these activities occurred in violation of 15A NCAC 2H 0500
Required Response and Corrective Action
The Division of Water Quality requires that the violations detailed above be abated immediately These
violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day for
each violation The Division of Water Quality requests that you respond in writing within 15 days of
receiving this Notice Please submit your written response to Sue Homewood, Division of Water Quality,
Winston -Salem Regional Office, 585 Waughtown Street, Winston- Salem, NC 27107 Your response
should address the following items
1 Please explain why you did not secure authorization from the U S Army Corps of Engineers (404
Permit) and the Division of Water Quality. N C Department of Environment and Natural Resources,
(401 Water Quality Certification) for this activity No ` Carolina
Aurally
North Carolina Division of Water Quality 585 Waughtown Street Winston Salem, NC 27107 Phone [phone] Customer Service
Internet h2o enr state nc us FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

Mr Robert Wooten
June 8, 2007
Page 2
2 You must either secure an "after the fact" 404 permit from the US Army Corps of Engineers, and any
associated DWQ issued 401 certifications for all impacts to the stream and wetland,
OR
You must restore and stabilize the impacted stream sections Prior to restoring the site, you must
submit a restoration plan to the Division of Water Quality for approval Please indicate in your
response a proposed schedule explaining when the restoration activities will be accomplished
We ask that you give your immediate attention to this matter and that your response address all of the
items listed above Please be advised that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality regarding these issues These
violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day for
each violation Your response to this correspondence will be considered in this process If you have
questions concerning this matter, or if this Office can be of assistance, please contact Sue Homewood, or
me at (336) 771 -5000
Sincerely,
Steve W Tedder
Water Quality Regional Supervisor
cc John Thomas, U S Army Corps of Engineers, Raleigh Regulatory Field Office
Peter DeVnes, GeoScience & Technology P A, 2050 Northpomt Dr Suite A, Winston -Salem NC 27106
Judy Cherry, Stormwater Administrator, Village of Clemmons PO Box 1710, Clemmons NC 27012
Danny Smith, DWQ, Wetlands and Stormwater Branch, Compliance and Assistance Unit
DWQ Surface Water Protection, WSRO
DWQ Central Files

09/10/2064 16 52 FAX INSPECTIONS (0002/003
Ci,,,�of Winston -Salem /Forsyth Wunty Inspections Division
100 E. First Street, Suite 325, Winston - Salem, NC 27101
Financial Responsibility /Ownership Form
Erosion Control Ordinance
No person may initiate any land- disturbtng activity exceeding 20,000 square feet for a single- family dwelling or 10,000 square
feet for any other purpose, before this form and an acceptable erosion and sedimentation control plan have been completed and
approved by the Erosion Control Section of the City of Winston- Salem/Forsyth County Inspections Division. Please type or
print If a question is not applicable, please place "N /A" in the blank space. *5W44
PART A
Cameron Village,,Phase II
Project Name:.,..,,.... - .......... I ... ...
`!�,� , Peacehaven
Location of Land- Disturbing Activity;_ .......... ... ... .
]Permit.# _ ................ 1111..., 1111.,
Road, near Clemmons
8/15/05
Approximate Date to Commence Land - Disturbing Activity:............ 1111 .­ . ... ...... . . . . . . • • ......... ••.•.•.•...••.
Purpose of Grading: ❑ Commercial ❑ Residential Multi - family
o Other (No development proposed) Q Residential Single Family lot
la Residential Single Family Subdivision
Total Site Acreage. 7.14 ac . Acreage to be Disturbed: 5.97 ac. Permit Fee:
.. 1.,1.11.... . - - -- - - - .
Contact Person Prior to Permit Issuance: Robert Woo ten ....... _- 1111.._ __....._....._..
Daytime Telephone # for the Contact Person:, 3 3 6) 39,9- . 6. 9CC�
Landowner of Record (use blank page to list additional owners):
Eagle Developing, LLC ......., .................. .. .1 111.,....... I .......... ....... ...,...,...,
,. 1111, ........ 1111,. - - - -- -
Name Owners phone # Name Owners phone
f3
4001-G Country Club 1211 36) 768 -5432
Street Address/P.O. Box - Street Address/P.O. Box
„Winston - Salem, NC 271„04
City /State/Zip Code
Tax Block #: , 4 2 3 3 Tax Lot # :..... ,,,,, 407 (? „
City /State/Zip Code
Zoning: . RS9 Zoning Approval:.,.,
a 3 -es-
Contractor Information Required Prior to Permit Issuance
North Carolina State Law requires that contractors be licensed to perform work valued at $30,000 and higher.
All contractors must have a City of Winston -Salem contractor's ID#, available at no cost through the City's Revenue Office.
g d, o00
y�lue of Grading Contract
lL � Cm
Name of Primary Applicant Grading Contractor)
treet Address/P,O. Box
L o0
City /Statel ip Code
PART B
— '71135
City of W -S Contractor's ID #
Contractor's N. C. Pcense Number
Contact Person for Contracto
­4 5- WK
Contact Person's Daytime Phone Number
_r_ „ () 01-21' - Z:�_n r-7r

09/10/2064 16 52 FAX INSPECTIONS L,� 003/003
1_ Person(s) or firm(s) who are financ;4lly responsible for this land - disturbing acts -'v (use blank page to list additional persons
or firms). Contractors are not consid,,_l financially responsible for property not .. er their ownership.
Eagle Developing, LLC
. . .... . ....... ..
Name of Person or Firm
4001 -G Country Club Rd.
Street Address/JP,O. Boa
Winston— Salem, NC 27104
City/State/Zip Code
(336) 766 -5432
Daytime Telephone #
Name of Person or Firm
. • .•.,
Street Address/P.O. Box,,,.,.••.• ..•
City/State/Zip Code
Daytime Telephone #
2. If the financially responsible party is an out -of -state resident, gave the name and street address of the registered in -state agent.
Name of the Registered Agent
. .... „ •, . ,•• .................
Street Address/P.O. Box
,• . , . ........... .....•„
City/State/Lip Code
Daytime Telephone #
3, If sane financially responstblq parry is a partnership, give the name and address Partner (use blank page to list
additional partners)
Name of the General Partner
........................... .
Street Address/P.O. Box
City/State/Zip Code
Daytime Telephone #
Name of the General Partner
.. , ,... .....I.. ,.• ... .... .. .......... ......I.....•,,............•,,. .
Street Address/P.O. Box
City /State/Zip Code
. ... ... ............ ... ......................
Daytime Telephone #
The above information is true and correct to the best of my knowledge and belief and was provided by me under oath, (Mis
form must be signed by the financially responsible person if an individual or his attorney -in -fact or if not an individual by an
officer, director, partner or registered agent with authority to execute instruments for the financially responsible person_) I agree
to provide corrected information should there be any change in the inform)�tion provided herein_
RobertWooten ..... ...... . ..... f 11x„5,.,, .... . ... ............. ,,..,, , ,,,,., ....................... ,.,.., . ,,,,.,.,,. ,
Ty nnr Print N , „ .,, e 7
Title or Authority
-2
. , , ., ... , �.,.,..Gt
Signature Date
3,e44()A/ , a Notary Public of the County of Al . - - _ - - - - - -- -- - - -- -
State of North Carolina, do hereby certify that leoh T ..., eve &Al . ....... .....
appeared personally before me this day and being duly sworn acknowledged that the above form was executed by Win.
Witness my hand and rlotanal seal, this of > Zo.,.ii��'
u
Notary be
My conmssion expires: „ , �r 1 „� �p 1� ,� ...... . ...... OFFICIAL SEAL
Notary Public, North Carolina
COUNTY OF YADKIN
w JOYC H, 8 OWN
My Commission Explrea

Sc a enice :l
eC`hnti)�t�). A .
V 11haCftaagffWMq &
► .:+ ,i. ►"i ►
May 17, 2007
Judy Cherry
Stormwater Administrator, Village of Clemmons
3715 Clemmons Road
PO BOX 1710
Clemmons, NC 27012
Re: Potential Stream Impacts at Cameron Village Clemmons, Forsyth County, NC.
Ms. Cherry:
Geoscience and Technology, P.A. (GeoSci) is pleased to submit this letter related to
potential stream impacts pursuant to development plans submitted by Eagle Developing
Company (Eagle) for Cameron Village on Peacehaven Road, Clemmons, Forsyth
County, NC (this site is hereafter referred to as the subject site, study site, or subject
property).
In August 2005, Robert Wooten of Eagle Development Company contracted GeoSci to
evaluate a drainage area adjacent to the northeast corner of Cameron Village prior to
possible impacts to surface water from proposed development. Based on the NC Division
of Water Quality's (DWQ) Stream Classification form that was in use at that time, it is
GeoSci's opinion that the surface water in this drainage valley classified below the
`intermittent' threshold of 19 points. That is, the observed conditions within the surface
water channel did not meet the criteria for an intermittent stream. The USGS topographic
2050 NORTHPOINT DRIVE, SUITE A
WINSTON- SALEM, NC 27106
(336) 896 -1300 - PHONE
(336) 896 -1020 - FAX

-- �•
map does not indicate surface water of any kind in this drainage. At the time of GeoSci's
evaluation, August 30, 2005, the surface water within the drainage and within the
boundaries of Eagle's property was discontinuous; that is, within the approximately 150
linear feet (LF) of channel area, the linear footage of surface water totaled approximately
100 LF. Based on our evaluation and the development plans in 2005, it was GeoSci's
opinion that the proposed impacts were below the permitting threshold (150 LF) for
stream impacts. A copy of the NC DWQ Classification form can be provided on request.
According to recent conversation with Mr. Wooten, the current grading plan proposes
127 LF of pipe in the stream channel. Mr. Wooten indicated that he wishes to amend the
plan and add 20 LF for a total of 147 LF. It is GeoSci's opinion that the additional 20 LF
is still below the permitting threshold for stream impacts.
According to your directions in a phone conversation on May 15, 2007, this letter is
being sent via email. Please contact us at 896.1300 or via email if hard copy is needed.
Sincerely,
Geoscience & Technology, P.A.
Peter9f DeVries
Peter H. DeVries
Project Geologist

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RE stream call
Subject: RE stream call
From: "Judy cherry" <jcherry @clemmons org>
Date: Tue, 22 May 2007 07:19 20 -0400
To: "'Sue Homewood "' <Sue Homewood @ncmail net>
Friday, the 25th will be great. My work riours aie 7:00 am to 3.30 pm; you dec__ae
the time that is good for you. Let's meet at the entrance of the trailer park -ast
west of Muddy Creek (Peach haven Rd. & Stoney Brook Blvd.). Jast let me snow the
time.
Thanks, Judy
- - - -- Original Message---- -
From: Sue Homewood ( mai .lto:Sue.Homewood @ncmail.net]
Sent: Monday, May 21, 2007 4:45 PM
To: cherry @clemmons.org
Subject. stream call
Judy,
I could come out to Clemmons anytime this Friday, May 25, or the
afternoon of May 31, or anytime June 1. Do any of those dates work for
you, or whoever would possibly meet me?
Sue
(I will be out of the office Tues and most of Wed. I will receive your
response Wed. late afternoon but will be available Thursday morning to
discuss details)
1 of 1 1 5/24/2007 5 03 PM

4
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North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: a� Q� Project:' f , Latitude:
Evaluator: SJR- 4 Site: &k.0_ 'ye Longitude:
Total Points: ' Other
Stream is at least intermittent a(p , County: i -C'711 e.g. Quad Name:
if > 19 or erennial if >_ W
A. Geomorphology (Subtotal =� �1____)
Absent
Weak
Moderate
Strong
18. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In- channel structure: riffle -pool sequence
0
0.5
2
3 rr
4. Soil texture or stream substrate sorting
0
1
2
3 1
5. Active /relic floodplain
0
1
2
3 u
6. Depositional bars or benches
0
1
2
3
7. Braided channel
0
1
2
3
8. Recent alluvial deposits
0
1
2
3
9 a Natural levees
27. Filamentous algae; periphyton
1
2
3
1
10. Headcuts
p
1
2
3 L
11. Grade controls
0.5
1
1.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existin
o = 0
Yes = 3
USGS or NRCS map or other documented
evidence.
° Man -made ditches are not ratea; see 01SCUSSIOnS m rnaiwai
r.1 G •6�iOVQ �'�D CY2C �t6tiJ le��S
Aff C_-
et�'l
L
4tr�v' - In
tr. twuluyy kouukuw - _ = -_/
0
1
2
0
14. Groundwater flow /discharge
!v . �t
•1
15. Water in channel and > 48 hrs since rain, or
0
1
2
3
Water in channel -- dry or growing season
0
0.5
1
1.5
16. Leaflitter
1.5
1
01
3
17. Sediment on plants or debris
0
0.5
1
1. . 5
18. Organic debris lines or piles (Wrack lines)
0
0.5
1
1.5
19. Hydric soils (redoximorphic features) present?
No = 0
es = 1.5
Aff C_-
et�'l
L
4tr�v' - In
tr. twuluyy kouukuw - _ = -_/
3
2
1
0
20°. Fibrous roots in channel
!v . �t
•1
21 °. Rooted plants in channel
3
2
1
0
22. Crayfish
0
0.5
1
1.5
23. Bivalves
0
1
2
3
24. Fish
0
0.5
1
1.5
25. Amphibians
0
0.5
1
1.5
26. Macrobenthos (note diversity and abundance)
0
0.5
1
1.5
27. Filamentous algae; periphyton
0 2 3
28. Iron oxidizing bacteria /fungus.
0 0.5 1 1.5
29°. Wetland plants in streambed
FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Oth = 0
- Items 20 ana 11 LOCUS on Ine presence u� uNianu Nianao, ..�,,, - .• -- --
cir-
Sketch:
Notes: (use back side of this form for additional notes.)
HIR
!v . �t
•1
C►^caa'U�41 G{6CS 10
Lie Ira ,.Q>-%A ". n ay'&OLS
� 1
� s;ll- a:U IrSS ice•--
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Page 1 of 1
Forsyth County, NC
Block Lot
4233 059B
New Deed Date
Property Address
Wrights Farm Rd
New Deed Stamps
Additional Lots
407B
Map Number
588838
PIN
5893 -39 -5830
W/P
Tax Jurisdiction
Clemmons / Clemmons FD
Land Value
$748,245
Anx
N
Dwelling Value
Taxable Owner Name 1
EAGLE DEVELOPING COMPANY
Commercial Value
Taxable Owner Name2
Industrial Value
Taxable Owner Address
4001 Country Club Rd
Misc Imp Value
Taxable Owner City St Zip
Winston - Salem, NC 27104 -0000
Total Value
$748,245
Taxable Deed Bk -Pg
2299 -3110
Acreage
10.35
Taxable Deed Date
11/22/2002
Sq Ft Living Area (Res)
Taxable Deed Stamps
$1,500
Gross Sq Ft (Com)
New Owner Name 1
Year Built (Res)
New Owner Name2
Year Built (Com)
New Owner Address
Census Tract
40.06
New Owner City St Zip
Zoning
RS9
New Deed Bk -Pg
Sale Price
Disclaimer: Forsyth County cannot guarantee the accuracy of this information, and the Map Scale
County hereby disclaims all warranties, including warranties as to the accuracy of this 1 Inch = 222 feet
information.
77/-
http: / /maps2.co. forsyth. nc. us/ geodata/ printPreview.aspx ?PrintOptData--Forsyth County, NC10101truelfalseltruel... 5/24/2007

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