20150402 Ver 1_Written Concurrence Needed Notification_20150406

North Carolina
Pat McCrory
Governor
April 6, 2015
Mr John Yates
Wilkes County
110 North Street
Wilkesboro NC 28697
Sublect.Courthouse Drive Extension Project
Wilkes County
Dear Mr Yates-
On April 2, 2015, Sue Homewood of the Division of Water Resources (Division) Winston -Salem Regional Office
conducted a site visit on the above referenced project in Wilkes County, NC in response to a communication
from Derek Goddard of Blue Ridge Environmental Consultants on your behalf received on March 24, 2015.
During the site visit and after review of the documentation submitted by Mr Goddard on March 24, 2015 it has
been determined that this project currently requires written concurrence under 401 General Certification #3890
(attached for your convenience).
Please note that impacts to the stream (temporary or permanent) without first securing a written
concurrence from this Division would be considered operating without a proper permit and a violation
of 15A NCAC 2H .0501 Based on communications with Mr Goddard we understand that you intend to
apply for written concurrence for this project.
If you have any questions or require any additional information, please contact Sue Homewood at 336-
776 -9693 or sue.homewood @ncdenr gov
Sincerely,
W Corey Basinger
Regional Supervisor
Water quality Regional Operations
Division of Water Resources
Cc Derek Goddard, BREC (via email)
Tasha Alexander, USACE Raleigh Regulatory Field Office (via email)
Winston-Salem Regional Office
450 West Hanes Mill Rd, Winston Salem NC 27105
Phone [phone] FAX 336 - 776 -9797
NCDENR Customer Service 1- 877.623 -6748
Internet www ncwaterauallty oro
An Equal Opportundy\Affirmative Action Employer

ADDRESS 110 North Street Wilkesboro NC 28679 CASE #
1. PROJECT LOCATION Courthouse Dr Wilkesboro NC 28697
Pictures NO Video Digital
2 Weather and Soil Conditions 60'S CLEAR, SOIL WORKABLE First Inspection NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? NO
5. Violations•
e Insufficient measures to retain sediment on site - G S 113A -57(3)
- _ _...t ._.._._ . _ le -. _.-._._res -_. �.._ N- C— '_.._..__�_
f Failure to take all reasonable measures - 15A N_C A C 46 0105
g Inadequate buffer zone, G S 113A-57(l)-GS 113A -57(1)
6. Is the site in compliance with NPDES Permit NCG 010000 ?: NO
s Failure to install and maintain BMPs and control measures NCG 010000 Section III (4)
t Failure to operate and maintain control measures Failure to operate and maintain control measures, NCG 010000
Section IV, (1)
7. Has Sedimentation Damage occurred since last inpections? YES
Lake /natural watercourse on the tract: YES Lake /natural watercourse off the tract: Other Property:
Description: SEDIMENT LOSS INTO STREAM AT PLANNED PIPE LOCATION
Degree of Damage: 1 SLIGHT
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8 Contact Made with (name) DEREK GODDARD Title: BLUE RIDGE ENVIRONMENTA
Inspection Report SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given /Sent APR 02, 2015
9. Corrective Actions Needed:
1 Install sediment trap ST 03 and associated diversions flowing to trap Refer to construction sequence item 15
2 Install silt fence along with stone outlets 15 feet from stream on either side Seed and mat the buffer area from silt
fence to stream on either side Remove rip rap from stream
3 Install all diversions to sediment basin SB -01 providing positive flow to basin
4 Install cleanwater diversions #3 and #4
5 Temporary seed and mulch all currently disturbed areas that have been idle for more than 14 days, including slopes
and road
6 Add clean stone to construction entrance at Call Street
10. COMMENTS 1 All measures must be installed per the approved plan and details 2 Sediment control measures must be
installed to _prevent sediment loss into stream 3 All corrective actions needed should be installed by April 14, 2015, to prevent
possible issuance of a Notice of Violation with possible civil penalties 4 If approved plan limits of disturbance increase a
revised plan will be required
Report By: Tim Latham
Others Present
Date of Inspection: APR 01, 2015 Time Arriving on Site 3 30 PM
Time Leaving Site 4 30 PM
cc; JYATES @WILKESCOUNTY NET, JLOWE @JRLYNCHSONS COM, DEREK @BREC BIZ
Revision Date 09/09/2013 Page 1 of 1

U.S. ARMY CORPS:OF ENGINEERS
WILMINUPON DISTRICT
zAction ID. 2014 -01300 County- Wilkes U.S.G.S. Quad- NC- Wilkesboro
GENERAL HERMIT (REGIONAL AND NXI'1QNWIDE) VERIFICA14ON
Permitter: Wilkes County / John Yates
Addiess: 110 Nortli,Street--
Wilkesboro North Carolina 28697
Telephone Number. 336 -651 -7345
Nearest Town: Wilkesboro
Nearest °Watefi ay. unnamed tributary to Cub Greek Coordinates: 36.139400-N, - 81'149539- W
River Basin/ HUC: Yadkin Pee -Dee
Location description: The proiect.is located at 500 Courthouse Drive, Wilkesboro, Wilkes County, North Carolina.
Description- of projects area and activity. 'Phis permittee is Authorized to impact approximately 1691ft of An unnamed tributary
to Cub Cieek.149`lft of stream will be permanently impacted during culvert installation, 20 lft of stream will be impacted
temporarily for- dewaterini during construction. Impacts are associated with road construction within the Brushy Mountain
,Business Park.
Applicable Law:' ® Section 404 (Clean Water`Act, 33 USC 1344)
- - - = ❑ - Section 10 (Rivers and Harbors -Act, 33 USC 403) ,
Authorization:, Regional` General Permit Number or Nationwide Permit Number- 39
SEE AT2ACHED RGP or NifP GENERAL, REGIONAL, AND ,SPECIAL CUNDITIONS -
- - - Your warkeis- ,authorized- by-the above referenced permit provided4t- is_-accomplished --io strict accordance with the attached - -° --
conditions and your submitted application -arid attached information dated July 11, 2014. Any violation of the'attached
conditions or- deviation from your,submitted plans maysubject the permittee to a stop work order, a restoration order, a Class
I administrative'penalty, and /or appegpriatea legal action.
This verification will remain valid until the expiration date identified below unless the nationwide /regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the- nationwide /regional permit authortzat. n is reissued and/or
modified, this verification will remain valid until the expiration-date'identified below, providedJt complies with, all requirements of
the modified nationwide /regional permit. If the "nationwide /regional permit authorization expires or is suspended, revoked, or is
modified, -such that the activity would no longer comply with the terms and conditions of the,nationwide /regional,pennit, activities
which have - commenced (i.e., are under construction) or are under contract to commence in,reliance upon the nationwide /regional
permit "wil] remahi,authorized provided the activity is completed within twelve months ofthe date of the nationwide /regional ,permit's
expiration,, modification, or revocation; unless discietionary- authority has been exercised on a case-by-case basis to modify, suspend or
revoke =the "authorization:
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality, Certification., You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior tg beginning work you must contact the N.C. Division of Coastal Management,
This Department- of the Army-verification does not relieve the permittee of the responsibility -to obtain any other required Federal,
State or ldcat approvals/permits..
If there are any questions re and ng thi verification, any of the conditions of the Permit,- or the Corps of Engineers regulatory
­'program-- please contaefTas a -Al xanclg at 8 8- 1 7 $0; ext: 226 r- tashaa alexander usaee army r►it - _ K -
Corps Regulatory 4ffloial: Date: ,September`M 2014
Expiration Date of Verification: March 18, -2017

2014 -01300
Corps Regulatory Official j
s a Alexander
Issue Date of JD September 17 2014
Expiration Date of JD Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public To help us ensure Nve
continue to do so, please complete out Customer Satisfaction Survey, located otilme at http:Hre ug latory usacesurvey corn/.
Copy furnished: Derek Goddard, Blue Ridge Environmental Consultants, P.A., 1035 S. Collegiate Diive, Wilkesboro, NC
28697

Action,ID'Number: 20;14- 01`300
I'dinittee: Wilkes County/ J,olui Yates
,I ate`Veraficatioii'lssued: September,l7,,2014
Project - Manager: 'Tasha'Alexander
County: Wilkes,
Upon' completion of the activity authorized; by this permit and any mitigation,requiied by the pennit,,sign this
certification and ieturn it.to'the following address;
US ARMY CORPS OF ENGINEERS
WIi;MINGTON DISTRICT
Attn.:, CF,SAW -RG -A
1 -5 hPatton Avenue, Room!,`208
Asheville, North Carolina 28801' -500,6
Please note -that .your permitted activity is subject to,a'compli,q - inspection by a U.. S. Army, Corpssof
Engineefs,?epre"sentative: 'Fail ure,-xo,comply with.any;terrrts or'eorMitions -of this authorization rnay_resultcin-the
Cotps-susp end ing, modifyin&or revoking =the authorization "aiid /or issuing a Class I administrative penalty,'or
initiating other'appropriate legal action
Y hereby cettifythatAhe work.authprizedby,the,above referenced pei7ri than -been conipleted'in accordance with,
-- =thc,ter"mssa iid- conditionro€ the - said- peiinity- and -rcquiletl�,,Mtigafio i vas eomple�ed in accordance �vifl� the'- pei7nit ` "—
conditions
Signature o£Pefinittee
Date

E: `PRELIMINARY JURISDICT- IONAL= DETERMINATION: You do,not,need to respond to the Corps regarding the
preliminary JD. The Preliminary;J.D'is not - appealable. If you wish, you,rnay request an approved ill {tyhich'rna *'be appealed),
by contacting the Corp`_s distneffor, frulher iristruetibri. Also you,may, provide new, information for further consideration by the
Corps to reevaluate thd JD.
"Sgg'IQN-II )= UEST--FOR APpFAT; - - - =- _ - -- --
Q _ _ or OBJECTI NS =TO ANJNI `CAT =PROFF RED=PERivILT= = =_= = =~ ._ =, Ate_
REASONS -FOR APPEAL OR OBJECTIONS: (Desc`ribe your reasons for appealing the decision or your; objectionsto an ifutial
proffered permit hrelear concise statements. You may aftacit additional information to this form to clarify where your- reasons or
objections•are addressed in the_administrative�record.)
ADDITIONAL INFORMATION: The appeal is initedto a'r6i6v of the administrative record, the Corps memorandum for the
record of the,appeal conference or meeting, and any suppleinental,infoimation that,tlieaeview-ofticer has determined is needed to
clarify-the administrative record. Neither the appellant irot the Corps may add new information or<analyse§ to,the record.
However, you:in "ay provide additional infoimation'to clarifytlrelocation of'information,that'is- already in the,administiative
`
record.
POIN[`OF(?NT` ACT' C? 2 `QT7EST1faNSC1R1NEnRiVfTIOi:_ ==
If you have,questions regarding this decision and/oi'tlie'
If ,you onlylbave- questions regarding the appeal process you tnay�
appeal'-process you iffy contact:
also contacf:
District Engineer, Wilmington Regulatory Division, Attm:
Mr. Jason =Steele; Administrative Appeal Review Officer,
151 Patton,Avenue
'CEsAD -PD&
Roam 208`
U.S.,Army C,6.j ps;of Engineeis,.South A_ .tlan_tic- Division
.Asheville, North Carolina 28806 ' "'
,
60`Forsyth Street, Room 10Ib115
Tasha Alexander
-
Atlanta; Georgia 3Q3Q�_8_8B-
-828= 27x7980'-- --
--
RIGHT OF. ENTRY: Your signature, below grants the -right of entry to Corps of,Erigmeers personnel,-and any government
consultants,-'to conduct investigations of the project site durrrig,the,course of the,appeal•proeess. Youiwill be provided a_ 15 day`
notice of any site investigation, and'will have the -6 pportunity" to participate•in aIl-site investigations.
:
Date _
Teleplione,number:
Signature of appellant or agent.
For appeals pit Initial Proffered Permits setttl this fo'rtn to:,
MitrictEngineer, Wilmington Reg_6latory Division,,Attn:: -Taiha Alexander,,69 Darlington Aventie; Wilmngton; Noirth
Carolina 28403' -
ForPertitit denials, Proffered-P,erinity atul- approved Jtiriselictiottal'Deternti iritions send "this form to:
'Division Engineer, Commander, U.S. Army;Engineer Division,,South,Atlai tic, Attn:�Mr. JasomSteele; A_ dminisirative kppeal
Officer, CESAD =PDO, 60 Forsyth,Street; Room`10M15,- Atlanta;.Georgia 30303 -8801
Phone: (.404) 562 =5137 ..

Ed N_ orth Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
July 24`x, 2014
Ms. Tasha Alexander
U.S. Army Corps of Engineeis, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT. WRC Comments on Courthouse Drive Extension 404 Permit Application, UT Cub
Creek, Wilkes County
Dear Ms. McCormick:
—­-­--- --Representatives-of -- - - - - -- - - -- -- - - --
- -- Wilkes Countyrequested -a perrnifto irist -all a cutvei�arid -have permanent impacts to
149 linear feet of an un -named tributary to Cub Creek, Wilkes County, NC. Comments from the WRC on
this project are offered for your consideration. tinder provisions of the CIean 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).
This work wilt not harm trout and does not need to be completed outside of the trout spawning moratorium.
We do not recommend any special conditions for the permit.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 659-
8684 extension 221 if you have any questions about these comments or need further assistance.
Sincerely,
lq'--X�'4
Doug Besler
Mountain Region Fisheries Supervisor
I
ec: Mr. Derek Goddard, Blue Ridge Environmental Consultants, P.A.
Mr. K. Hodges, NCWRC
Mailing Address: Division of hnland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]