20161191 Ver 1_Corps of Engineer Correspondence_20161206

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-02273 County: Randolph U.S.G.S. Quad: NC -Ramseur
INCOMPLETE APPLICATION
Owner: Mr. Lee Vantine
Address: Long Range, LLC
5068 Highway 64 East
Franklinville, North Carolina 27248
Location/Description of Proposed Activity: Latitude 35.7254 Longitude -79.6928. Randolph County, North
Carolina Parcel Number 7791399460. Proposed road crossing and lot fill (AFTER -THE -FACT) for the
Carolina Gun and Gear Range.
Type of Permit Applied For (check one): IP ❑ NWP ® GP ❑
Applicable law: Section 404 of the Clean Water Act®; Section 10, Rivers and Harbor Act ❑
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
❑ Your application form has not been completed and/or signed (see remarks)
❑ Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
❑ Your application did not include a statement explaining how avoidance and minimization for losses of waters
of the U.S. were achieved on the project site. (see remarks)
® Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
® Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes as required.
❑ You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
® Other (see remarks below).
REMARKS:
We received your application on November 7, 2016 and conducted a site visit on November 18, 2016. Based
on a review of the submitted application and the site visit, please provide the following information:
1. During our site visit, we observed a small wetland area on the eastern edge of the existing fill and
south of the stream. Some fill material appeared to have been placed within this wetland area. This
fill cannot be permitted under Nationwide Permit #14; however, if the total amount of fill is 1/10 of
an acre or less, it could be permitted by Nationwide Permit #18. Nationwide Permit General
Condition 31 (Pre -construction Notification) (b)(4) states: The pre -construction notification (PCN)
must include a delineation of special aquatic sites and other waters of the United States on the project
site. Wetland delineations must be prepared in accordance with the current method required by the
Corps. Please provide a delineation of the wetlands and stream within the proposed project area. As
discussed during the site visit, we can delineate the on site features or you can chose to have a
qualified environmental consultant delineate the waters/wetlands. Once the waters have been
delineated they should be mapped and an overlay of the existing fill should be produced to determine
the amount of fill within the wetland and stream.
2. Your application indicated that the permanent culvert impacts are to 16 linear feet of the stream
channel. The site visit revealed that the impacts are to 24 linear feet of stream channel. Please update
Page 1 of 2

your permit application with the correct amount and also provide a plan view and cross sectional
drawing of the crossing.
3. Please sign and return the attached Tolling Agreement.
4. Nationwide Permit Condition #10 (Fills within 100 -year floodplain), states, "The activity must
comply with applicable FEMA -approved state or local floodplain management requirements. On
December 5, 2016, The U.S. Army Corps of Engineers discussed this project with the Randolph
County floodplain administrator. Our understanding is that the Randolph County local
administrator is requiring a "no rise" certificate for this project. As such, we cannot verify the use of
any of the Nationwide permits requested and/or that apply until we can determine that the "no rise"
certificate has been issued or is not required.
Please submit the above information within 30 days of receipt of this Notification or we will
consider your application withdrawn and close the file. Please call or email
(Ancirew.E.Williams2@usacearmymil) me if you have any questions.
Date: December 6, 2016
Corps Regulatory Official: Andrew Williams Telephone No: 919-5544884 x26
Digitally signed by
VVILDN.L M,o=U.SEW.E.1nment 655
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Date: 2076.12.0614:21:17 -05'00'
Copy furnished (via email):
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Resources - Water Quality Programs
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Jay Dale
Randolph County Planning and Zoning Director
204 E. Academy Street
Asheboro, North Carolina 27203
2

TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Lee Vantine, Long Range, LLC
("potential defendant(s)") for, inter alia, alleged violations of Sections 301(a), 309, &
404 of the Clean Water Act ("CWA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or
Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403,
or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a
site commonly known as Randolph County, North Carolina Parcel Number 7791399460,
which is the subject of an AFTER -THE -FACT permit application that is identified by the
Wilmington District Regulatory Division as Action ID SAW -2016-02273.
WHEREAS, the purpose of any such complaint would be to obtain appropriate
injunctive relief and to impose appropriate civil or criminal penalties for potential
defendant'(s) alleged violations of the statute(s) cited above;
WHEREAS, the Corps accepted an after -the -fact (ATF) permit application from
the potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by
continuing the ATF permit process without the disruption that might be occasioned
should the United States file a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;

THEREFORE, the United States and potential defendant(s) stipulate and agree as
follows:
1. The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as
defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating
any statute of limitations that might be applicable to the alleged statutory violation(s)
described above. Potential defendants agree not to assert, plead, or raise in any fashion
on behalf of any party, whether by answer, motion, or otherwise, any defense or
avoidance based on the running of any statute of limitations that may apply during that
period or any defense or avoidance based on laches or other principle concerning the
timeliness of commencing a civil action, based on the failure of the United States to file
its complaint during that period.
2. Potential defendants further agree not to transfer the property in question
during the pendency of this tolling agreement nor during the pendency of any civil action
brought as described above, without first notifying the United States and giving the
United States a reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the
United States from filing a complaint regarding any alleged statutory violation(s) not
described above, at any time.
4. This tolling agreement does not constitute any admission of liability on the
part of potential defendants; nor does it constitute any admission or acknowledgment on
the part of the United States that any statute of limitations has run or that any statute of
limitations is applicable to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and
no statement, promise or inducement made by any party to this agreement, or any agent
of such parties, that is not set forth in this agreement shall be valid or binding. This

tolling agreement may not be enlarged, modified or altered except in writing signed by
the parties. This tolling agreement may be executed in counterparts.
FOR the United States of America:
Susan K. Weston
District Counsel
Wilmington District
U.S. Army Corps of Engineers
FOR ("potential defendant(s)")
Lee Vantine
Long Range, LLC
Date
Date