Pope Industrial Park

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Department of Environment,
Health and Natural Resources
Division of Water Quality A4
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James B. Hunt, Jr., Governor C AE1
Wayne McDevitt, Secretary D H N
A. Preston Howard, Jr., P.E., Director
September 8, 1997
Forsyth County
Mr. Lawrence Pope
1349-C South Park Drive
Kernersville, N.C. 27284
Subject: Pope Industrial Park
Abbotts Creek Stream Channelization/Relocation
Kernersville, N.C.
Dear Mr. Pope:
On August 21, 1991 you met with Mr. John Thomas of the U.S. Corps
of Engineers (USACOE) on your property off Shields Road (SR 2640),
adjacent to Abbotts Creek. At this meeting it was determined that you
had channelized/relocated approximately 1,600 linear feet of Abbotts
Creek without authorization from USACOE. As was detailed in the U.S.
Corps on Engineer's letter to you (dated May 1, 1992) your filling and
stream relocation/channelization was in violation of Section 404 of
the Clean Water Act for failing to implement and follow approved soil
and erosion controls. This letter went on to state that since the
impacts were at the time deemed "minimal" no enforcement action would
be pursued by the U.S. Army Corps of Engineers as long as you
immediately stabilized the relocated stream and seeded the fresh fill
adjacent to Abbotts Creek. It is the understanding of the Division of
Water Quality (DWQ) that an after-the-fact permit was issued to you
from the USACOE. At that time no 401 Water Quality Certification from
the State Division of Water Quality was required. If this impact had
occurred presently, you would be required to obtain a 401 Water
Quality Certification from DWQ.
On August 6, 1997 as part of an ongoing compliance monitoring and
enforcement program for the wetlands 401 Water Quality Certification
Program and Watershed Protection Program the following DWQ staff
visited the Pope Industrial Park site: Mr. Eric Fleek and Mr. John
Dorney (DWQ's Central Office) and Mr. Brent McDonald and Mrs.Lisa
Martin (DWQ's Local Government Assistance Unit). During the inspection
we noticed that your streambank stabilization had been completed as
required by USACOE. However, at the time of our visit it was apparent
that a herbicide had recently been applied immediately adjacent to and
most likely in Abbotts Creek. Discharging a herbicide into the creek
is a violation of North Carolina General Statute 143-215.1 (a)(1) and
is punishable by a civil penalty of up to $10,000 per day per
violation. Therefore for future reference, you must not allow
herbicides or other such substances to be discharged into waters of
the State. Also, for your own benefit we strongly recommend that
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunely Attirtnarive Acton Effoc ew 5001. regdedM0% post consmer paper
Lawrence Pope
Pope Industrial Park
Page 2
you allow the banks along the rip-rapped portion of Abbotts Creek to
revegetate naturally. This management technique will reduce your
expense related to herbicide and labor, will protect you from
violating the aforementioned General Statute, will further stabilize
the streambank, will help remove excess nutrients and sediment, and
will in the long run improve water quality.
In addition to the aforementioned, Division of Water Quality
staff from the Winston-Salem Regional office has documented and
received numerous complaints or comments from individuals downstream
of your Abbotts Creek channelization/relocation project who have
reported increased flooding frequency, duration, and severity since
your project was completed. Furthermore, DWQ staff have observed
increased sedimentation in Abbotts Creek downstream from the Pope
Industrial Park project ever since construction began.
Therefore, when proposing work in wetlands or waters of the State
you should seek out the appropriate regulatory agencies (i.e. USACOE
and DWQ) as well as any other federal, state or local agency for all
necessary approval. You are reminded that future 404 or 401 activities
should be completed only after the proper permits have been obtained
in order to be in compliance with the Clean Water Act. Also, please
note that current laws and regulations pertaining to work conducted in
waters and or wetlands of the State are subject to more stringent
regulation than in previous years. Consequently, violations of these
regulations are subject to increased enforcement.
If you should have any questions regarding this matter or the
wetland permitting process, please feel free to call me or Mr. John
Dorney at [phone].
Sincerely,

Water Quality Certification Program
CC: Ron Linville, Winston-Salem Regional Office
John Thomas, USACOE-Raleigh Field Office
Lee Pelej, EPA
Roger Bryant, City of Thomasville
C.C. Davidson, Davidson County Planning
Roger Spach, City of Lexington
Steve Taylor, NCDA-Pesticide Section