20081047 Ver 1_More Info Received_20080724

Subject: 08-1047
From: Amy Euliss <Amy Euliss(a)ncmail.net>
Date: Mon, 04 Aug 2008 08:5415 -0400
To: Bev Strickland <[e-mail]>
Per your presentation at the 401 meeting last week, I'm attaching several emails regarding 08-1047 for you to add to the file. Thanks.
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Subject: Re Wagoner Ridge Rd. Alleghany County
From: Steve Tedder <[e-mail]>
Date: Thu, 24 Jul 2008 14.2452 -0400
To: jeeped20040a yahoo com, Phil Wagoner <[e-mail]>
CC: Sue Homewood <sue homewood@ncmai[.net>, Gary Hudson <Gary.Hudson@ncmai].net>, Amy Euliss <[e-mail]>
June,
1 have had additional discussions with Mr. Wagoner concerning the details of the sediment and erosion control plan that was submitted. That discussion clarified the thought process for
the plan details, as proposed, and also corrected a couple of misunderstandings on my part due to the combining of two versions of plans on the same copy.
Based on those additional discussions I am approving the plans as submitted by Mr Wagoner.
Steve Tedder
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
On 723/2008 244 PM, Steve Tedder wrote.
Ms. Thomas,
Last week I was informed that you were no longer retaining Mr. Bunn in relation to the sediment and erosion control activities. Previously I had approved the restoration plan and the
sediment and erosion control plan as submitted by Mr. Bunn.
I now have received a modified plan from C.P. Wagoner. I have reviewed the plan and have also reviewed the plan with our Land Quality staff. Based on the information submitted
the revised plan cannot be approved. The extensive use of level spreaders on such slope is questionable especially without sediment traps and the termination of those devices. Such
devices are more suited for stormwater control than sediment control. The one basin that was added lacked calculations and was not drawn to scale with associated dimensions or
drainage areas.
Therefore this modified plan cannot be approved by this office and thus the Notice of Violation has not been sufficiently addressed.
The initial sediment plan has been approved and once implemented along with the restoration plan that was approved, should address our concerns.
1 wanted to get this information to you ASAP. A hard copy response will be forthcoming. It is essential that these issues be resolved to prevent additional penalty actions by this
office. Please advise as to your course of action on this plan and the status of activities relating to the approved restoration plan.
Thanks
Steve
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Steve Tedder <Steve Tcdderrr)NCmail.net>
WSRO
N(' DENR
Subject: [Fwd: June Thomas Fee]
From: Sue Homewood <Sue. Homewood@ncmail. net>
Date: Mon, 04 Aug 2008 08:09:38 -0400
To: Amy Euliss <[e-mail]>, Steve Tedder <Steve,[e-mail]>, Laurie J Dennison <[e-mail]>
Laurie,
let us know if you don't see it soon.
-------- Original Message --------
Subject:.lune Thomas Fee
Date:Wed, 30 Jul 2008 14:14:22 -0400
From:Phil Wagoner cpl1il(&triad.rr.com>
Tor-- Sue. Homewood!u ncmai1.net=
Sue,
I spoke to Ms. Thomas this morning. She said that she mailed the check for $240 this AM. I am not sure where she is, but you should have the check in a day or two.
Have a good day,
Phil Wagoner
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone]
FAX: [phone]
Subject: [Fwd: Re: Fw: June Thomas NOVj
From: Steve Tedder <[e-mail]>
Date: Thu, 19 Jun 2008 09:11:17 -0400
To: "Eddie H. Bunn" <[e-mail]>
CC: Gary Hudson <[e-mail]>, Amy Euliss <[e-mail]>
Eddie,
See comments in Bold below. The remediation response from the owner is due to us today!. I'll give it till Monday. By then I will need something in writing as to what the owner is
planning to do to resolve the violation issues and a timeline. If I do not receive something to meet this requirement, I will be forced to proceed with enforcement and require the
restoration on top of that.
Thanks
Steve
------- Original Message --------
Subject:Re: Fw: June Thomas NOV
Date: Wed, 18 Jun 2008 12:4546 -0400
From:Gary Hudson <Gary.Hudsonlibremai1.net>
Reply-To:Garv. Hudsonli?NCmai I. net
Organization:NC DENR - Winston-Salem Regional Office
To:Eddie H. Bunn <civil(a?bunncngmeering.com
CC:Steve.Tedder!itNCmail.net
References:<005901c8d159$eb8585f0$6800a8c0@06B>
Eddie,
Thanks for the update. Steve got word that Mrs. Thomas was applying for an agricultural exemption, which they will probably get. However he is requiring them to submit to our office
(DWQ), an Erosion and Sedimentation Control Plan as part of the overall site remediation plan. He wants to make sure that the ladies do not mistake this agricultural exemption from
Land Quality as an exemption from the remediation requirements from our office. Steve is out in the field so I haven't gotten a chance to go over the list of your recommendations with
him but I should be able to by tomorrow.
Thanks,
Gary
Gary Hudson
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone]
FAX: [phone]
On 6.18/2008 11,42 AM, Eddie H Bunn wrote:
Gary,
I am forwarding a copy of the e-mail sent to Steve Tedder on June 10 and again on June 17.
Please reply that you received this.
Thanks
Eddie
----- Original Message -----
From: Eddie H. Bunn
To: Steve Tedder
Sent: Tuesday, June 17, 2008 9:47 AM
Subject: Fw: June Thomas NOV
Steve,
I am resending this e-mail in case you didn't receive it.
Please respond and let me know you got this.
Thanks
Eddie
----- Original Message -----
From: Eddie H. Bunn
To: Steve Tedder
Sent: Tuesday, June 10, 2008 3:52 PM
Subject: June Thomas NOV
Steve,
I am working with Mrs June Thomas and her partners to resolve the violations that have occurred on her property as a result of building a pond and an access road.
A contractor that was hired to do the work and the owners had no idea the work required any permits or approvals.
I need for you to assist in forming the plan of action.
1. The pond dam has a 4" pvc pipe underneath it which was probably a ditch drain installed a long time ago. The pipe is draining the pond and will have to be removed
or sealed if we decide to save the pond. This is the area that looked like a spring at the toe of the dam.l am OK with the removal or sealing of the 4" pipe.
2. The stream was straightened in the area of the pond dam. The toe of the dam is within 10 or 15 feet of the stream Iocation.Can the dam remain in this close proximity
to the stream since it is within the trout water stream buffer? The trout buffer is 25 feet. Our NOV required that the streambanks be reshaped to natural contours and be stabilized
with native vegetation as quickly as possible. While this is a "restoration" plan I will be OK with the dam remaining but with the 4" pipe issue at the foot of the dam and the
requirement to re-vegetated the banks, that would extend to the dam structure itself. After time, larger vegetation could endanger the dam's integrity. Probably the best course
of action would be to move the dam away from the stream but if the stream banks that currently exists are reshaped and re vegetated, that will, work as well.
3. In my opinion a new pipe should be installed properly in the old streambed location and the 48" cmp culvert should be removed from the relocated stream location.
Do you agree with this approach ? Concur. This will require a 404 permit from the Corps and because its a violation site will require 401 certification form DWQ along with the
$240 fee for the 401 certification.
4. After the new pipe is installed the stream should be returned to its old location. 1 think Mother Nature will take care of returning the stream to the old location without any
additional or at least minimal steam alterations.
5. Sediment Should be removed from the stream along with any side castings and sediment adjacent to the stream. concur
6. The streambanks shall be restored to natural contours and seeded with wetland plants and trees. Concur
Please review and give me your input.
We will still require a sediment and erosion control plan for all the disturbed areas regardless of the Agricultural exemption request to Land Quality. This should specifically
address the road, crossing, and pond(dam) areas as well as the disturbed areas in close proximity to the stream. This is a violation site thus this plan will be a requirement of
restoration.
Thanks
Eddie
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Steve Tedder <Steve-Tedder(a)NCmail net>
WSRO
NC DENR
Subject: [Fwd: Re Wagoner Ridge Rd. Alleghany County]
From: Sue Homewood -Sue Homewoodgncmail.net>
Date: Wed, 23 Jul 2008 15:05.27 -0400
To: Amanda Jones <Amanda,[e-mail]. army. miI>
CC: Amy Euliss <[e-mail]>
Amanda. fyi - I didn't know he was sending this or I would have updated you when we were on the phone. I don't think it changes anything for you (but if it does and you have a problem,
let us know), we're still requiring a 401 for the pipe, installation of the 2nd pipe, and restoration of the area impacted by the dam. The erosion control plan/devices shouldn't change
anything about the 404/401.
------- Original Message --------
Subject:Re: Wagoner Ridge Rd. Alleghany County
Date:Wed, 23 Jul 2008 14:44:25 -0400
From:Steve Tedder -Steve -Tedder(iPmcmail net
Reply-To:Sicvc'1QdderWNCmail-net
Organization:NC DENR - Winston-Salem Regional Office
'fo:Lce 2004(tivahoo.com
CC:Phil Wagoner =_cphil(attriad.rr com= , Sue Homewood <sue.homewood(iilnemail.net>, Gary Hudson <Gary.Hudson a,nemaiI.net>, Amy Euliss <Amv.Euliss(i4ncmail.net-
References:, 505854 41440 qmr?]<tvcb32905.mail.mud.yahoo.com>
Ms. Thomas,
Last week I was informed that you were no longer retaining Mr. Bunn in relation to the sediment and erosion control activities. Previously I had approved the restoration plan and the
sediment and erosion control plan as submitted by Mr. Bunn.
1 now have received a modified plan from C.P. Wagoner. I have reviewed the plan and have also reviewed the plan with our Land Quality staff Based on the information submitted the
revised plan cannot be approved. The extensive use of level spreaders on such slope is questionable especially without sediment traps and the termination of those devices Such devices
are more suited for stormwater control than sediment control. The one basin that was added lacked calculations and was not drawn to scale with associated dimensions or drainage areas.
Therefore this modified plan cannot be approved by this office and thus the Notice of Violation has not been sufficiently addressed
The initial sediment plan has been approved and once implemented along with the restoration plan that was approved, should address our concerns.
I wanted to get this information to you ASAP. A hard copy response will be forthcoming. It is essential that these issues be resolved to prevent additional penalty actions by this office.
Please advise as to your course of action on this plan and the status of activities relating to the approved restoration plan.
Thanks
Steve
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Subject: [Fwd: Revised June Thomas E&S Plan]
From: Sue Homewood <Sue. Homewood@ncmail. net>
Date: Wed, 16 Jul 2008 09:23:24 -0400
To: Amy Euliss <Amy. Euliss@ncmai Lnet>
-------- Original Message --------
Subject:Revised June Thomas E&S Plan
Date:Wed, 16 Jul 2008 09:1453 -0400
From:Phil Wagoner <cphil!a?triad.rr.com-
TO:'--sLle.honlewood?ncmall.neC
Sue,
After long discussions with Ms. Thomas and the contractor who will install the E&S measures, we believe that the proposed revisions will provide a more cost effective and
long term solution to the erosion from the road. The sediment traps are very good short term solutions, but we all believe that the stabilized ditches with the turn-outs is a
permanent solution to the runoff from the road.
I have attached a PDF of the proposed changes. I will plot the paper copies and mail them today. You should have them on Thursday.
Thank you for your attention to this project.
Phil Wagoner
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Subject: Re: 08-1047 June Thomas Property (Alleghany)
From: Sue Homewood <Sue. Homewood@ncmail. net>
Date: Fri, I I Jul 2008 1315:02 -0400
To: Laurie Dennison <[e-mail]>
CC: Amy Euliss <[e-mail]
The USACE will be issuing this under a NW29, the impacts will be less than I acre of wetland and less than 150 feet of stream so the check they sent will be sufficient. I'll correct the
numbers in RIMS when I issue the permit. Let me know if this throws up any other red flags for CO processing, but 1 think this resolves the hold issues and we can accept the application
as is?
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
On 7/9/2008 12:40 PM, Laurie Dennison wrote
That's great. Thanks, Sue
Sue Homewood wrote
The pond is offline, no jurisdictional impacts that we can document (although they did get into the trout buffer and sort of made a mess of the stream bank below but that
restoration is part of the violation). I'm going out therewith the USACE tomorrow. I will confirm that she's not going to call the pond impacts and what NW she'll put this under
and get back to you. Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality 585 Waughtown Street
Winston-Salem, NC 27107
Voice [phone]
FAX [phone]
On 7/9/2008 9:03 AM, Laurie Dennison wrote:
Sue - I understand your logic but what about the 1.0 acre pond? Is that part of the restoration of the violation? I've ce'd Ian for his take & I would just like to run it by him.
He is working from home today (sick kid). Also what is the NW # they'll be working under?
Thanks,
1, -
Sue Homewood wrote:
Laurie,
This project was put on hold for the wrong fee. This site is a violation site. The permanent final impacts they'll have will be less than 150 feet of stream. The rest of the
project is restoration of a violation. If there were no permanent impacts we would handle this outside of a 401 issuance, just require restoration through the violation
process So it seems unequal to require the higher fee for repairing the violation which is what put them over the 150 feet.
Has this come up before? I know I had another one and we handled it this way but maybe that one was wrong and I just didn't know it?
Sue
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality 585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Subject: RE Emailing: Alleghany County violation site Wagoner Ridge Road 007, Alleghany County violation site Wagoner Ridge Road 014, Alleghany County violation site Wagoner
Ridge Road 015
From: "Jones, Amanda D SAW" <Amanda,[e-mail]. mil>
Date: Thu, 29 May 2008 08:11:23 -0400
To: <[e-mail]>
Sorry I didn-t get a chance to get back to you. I talked to the District
Conservationist for Alleghany and he doesn't believe they are USDA
participants so they wouldn't qualify for any exemptions.
Amanda Jones
Regulatory Project Manager
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 5006
office: (828)-271-7980 x.231
fax: [phone]
web: hr_[p!,,/ -_saw. usace:_argjy. l/wetlands/
-----Original Message-----
From: Amy Euliss (mailto:Amy.EulissCxncmail.net]
Sent: Tuesday, May 20, 2008 9:06 AM
To: Jones, Amanda D SAW
Subject: Emailing: Alleghany County violation site Wagoner Ridge Road 007,
Alleghany County violation site Wagoner Ridge Road 014, Alleghany County
violation site Wagoner Ridge Road 015
Amanda
We have a violation site on a farm in Alleghany County that involves
construction of a road and an offline pond. There is >400 feet of sediment,
road fill in wetland (W50feet long and 10 feet wide), 200ft of stream bank
impact due to fill from a pond, and a 10 foot pipe crossing with a pipe
that's perched > 1 foot. In addition, before the stream goes through the
pipe it ® 100 foot of channel has been relocated as seen in pic 7. The land
owners had previous access to the property via another road that was already
in place. We need to know the Corps stance on the project, so we can take
the appropriate actions within the next week or so. I'll follow up with a
phone call shortly. Thanks.
Amy Euliss
The message is ready to be sent with the following file or link
attachments:
Alleghany County violation site Wagoner Ridge Road 007 Alleghany County
violation site Wagoner Ridge Road 014 Alleghany County violation site Wagoner
Ridge Road 015
Note: To protect against computer viruses, e-mail programs may prevent
sending or receiving certain types of file attachments. Check your e-mail
security settings to determine how attachments are handled.
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Subject: Re: June Thomas Property
From: Steve Tedder <Steve.Tedder@ncmai].net>
Date: Thu, 29 May 2008 07:16:42 -0400
To: [e-mail]
CC: Gary Hudson <Gary [e-mail]>, Amy Euliss <Amy.Eul iss@ncmail. net>
We will be sending it to the landowner (who I assume will be your FRO). Gary is double checking with the county tax office to see who's name the property is in. We will be NOV'ing
them for the following:
I failure to get a NPDES Stormwater permit (since they did not get your permit they did not get ours either)
2. removal of use (sediment)
3, other waste (sediment)
4 they will be required to do restoration and sediment removal,
5. we may go ahead and handle the wetland violations and the improper construction of the crossing w/o 404/ 401 approvals.
I'll have Gary let you know to whom we will be addressing the NOV and we will cc you on the NOV.
Tedder
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
On 5/28/2008 4:28 PM, Neil Uldrick wrote:
Could one of you please let me know how you addressed your NOV so I can maintain consistency in my mailing to the group. Thank you!
PS - Eddie Bunn contacted me just a few moments ago regarding their site. He will be making a site visit in the next couple of days, and will begin working on their plan shortly after
that. FYI...
Neil Uldrick, CPESC, CESSWZ
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone]
FAX: [phone]
Steve Tedder <Steve Tedder1fi NCmail net>
WSRO
NC DENR
Subject: June Thomas Property
From: Neil Uldrick <Neil . Uldrick@ncmai].net>
Date: Tue, 10 Jun 2008 15:20:36 -0400
To: Steve Tedder <[e-mail]>, Gary Hudson <[e-mail]>, Amy Euliss <[e-mail]>
Good afternoon, everyone...
I just wanted to give you an update on the Alleghany County property belonging to June Thomas. I spoke with Eddie Bunn this afternoon regarding their erosion control plan. He said that
they have begun surveying for the plan, and that the plan itself would be generated shortly after that. I will follow with more information as I receive it. Thank you,
Neil Uldrick, CPESC, CESSWI
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Neil Uldrick <Nei1.UldricVaNCmail net>
Division of Land Resources. Land Quality Section
NC DENR
Subject: Re: June Thomas property
From: Steve Tedder <Steve Tedder@ncmai].net>
Date: Mon, 23 Jun 2008 13 53 38 -0400
To: Amy.EullssCa)NCmail-net
CC: Gary Hudson <Gary.Hudson(a ncmai].net>, Sue Homewood <sue. homewood@ncmail. net>
According to my discussion with the landowners last week, Eddie Bunn is the engineer they have hired to handle the NOV issues. Phil Wagoner is working for the contractor that did the
dirt moving, stream crossing etc without any permits of approvals. The landowners made it clear to me that Mr. Bunn was their representative. I would suggest that any 404/401 visits
include the landowner and the engineer/ consultant working for them. 1 know already that Mr. Bunn thinks the crossing culvert needs to come out and be relocated to the old channel and
be put in correctly at correct grade. Mr Wagoner thinks its fine as it is with a little armoring and some rocks thrown in the downstream side with the perch.
Amy, since you were the one involved with the initial site visit, we (you, me , Sue, Gary) need to discuss to be on the same page. I've already told the landowners and Mr. Bunn our
expectations and I do not want mixed messages.
'T'hanks
Tedder
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
On 6/23/2008 1 33 PM, Amy Euliss wrote:
Amanda Jones, with the corps, has scheduled an onsite visit with Phil Wagoner for July 10th. I'll be out of town, but Sue has agreed to meet with them onsite to discuss the 401
issues. If either of you would like to go, please let Sue know. She has multiple site visits that day with Amanda, so you'll have to drive separately. I'll still handle the 401 application
when it comes in.
Amy
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Steve Tedder <Steve.Tcddei,a)NCmail,net>
W'SRO
NC DE,NR
Subject: June Thomas Property
From: Steve Tedder <Steve,[e-mail]>
Date: Mon, 07 Jul 2008 13:29:05 -0400
To: "Eddie H Bunn" <[e-mail]>
CC: Gary Hudson <[e-mail]>, Amy Euliss <[e-mail]>, Neil Uldrick <[e-mail]>
This office has reviewed both the delineation and reclamation plans and the sediment and erosion control plan as submitted on June 30th,2008. This
correspondence is to approved the plans as submitted. We would request that we be notified once the sediment and erosion control plan is fully implemented
(installed) and an estimated timeline for the implementation of the delineation and reclamation plan.
Once both plans are implemented and completed, please notify Gary Hudson to allow final inspection.
Steve
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Steve Tedder <Steve.Tedder(r),NCmaiLnet>
WSRO
NC DENR
Subject: Re: June Thomas Property / Alleghany Co.
From: Neil Uldrick <Neii. [e-mail]>
Date: Wed, 02 Jul 2008 16:38:09 -0400
To: Steve. Tedderu)NCmail.net
CC: Matt Gantt <[e-mail]>, Gary Hudson <Gary.Hudson ct ncmail.net>, Amy Euliss <Amy. Euliss@ncmai Lnet>
Steve,
If it has come in, I haven't seen it. And to my knowledge, their farm exemption still hasn't been received either. I'll check into it again in the morning and let you know something. Thanks,
Neil Uldrick, CPESC, CESSWr
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
On 7/2/2008 12:00 PM, Steve Tedder wrote:
Did you guys receive a sediment and erosion control plan from Eddie Bunn for this site? I assume they did file for the farm exemption and if that has been granted, I'd still like your
thoughts on the sediment and erosion plan as we told them they had to submit that no matter the exemption from LQ.
Eddie sent me three copies of the delineation and reclamation plan but I did not get a copy of the sediment and erosion plan.
Thanks
Tedder
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Neil Uldrick <Neil.UldricknNCmail.net>
Division of Land Resources, Land Quality Section
NC DENR
Subject: Re: June Thomas Wagoner Ridge Road Alleghany County
From: Steve Tedder <Steve.Tedder@ncmai].net>
Date: Wed, 18 Jun 2008 10:2756 -0400
To: Phil Wagoner <[e-mail]>
CC: Gary Hudson <[e-mail]>, Amy Euliss <Amy. Euliss@ncmail. net>
Phil,
See comments below.
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
On 6/18/2008 9:56 AM, Phil Wagoner wrote:
Steve,
As we discussed this morning, this site needs to be seeded and mulched, probably hydro seeding will be used, in order to help stabilize the slopes. Would you please
advise this activity so that the owner can proceed with seeding while the other issues are being addressed. We have no problem proceeding with hydro seeding
that will assist in stabilization of the site.
The grading contractor is ready to install culverts under the roadway and construct the proper outlet ditches. Everyone believes that this should be completed as
quickly as possible. The current condition of the roadway without culverts is not at all desirable. The discussions yesterday on site concluded that three 18" culverts
under the road should solve the problem.lt is my understanding that Eddie Bunn is in the process of developing a sediment and erosion control plan for the
entire site (including the road). We will need to receive and review and approve that plan for implementation. If that plan includes the culverts as
mentioned below as part of the plan, then we would have no problem with proceeding with that activity as well. I also understand that the owners have
applied with Land Quality for an Aq exemption . As you know, if that is approved then the Division of Land Quality's permitting or approvals do not
proceed. As part of the restoration, we (the Division of Water) will still require the sediment and erosion control plan to be submitted to this office for
review and approval as part of the restoration activities for this violation site.
Placing a rip-rap headwall at the inlet end of the pipe will prevent the new fill from eroding in the event of a storm. Rip-rap on filter fabric is a better solution for this
stream than is a concrete headwall because of the adverse effect that new concrete has on aquatic life downstream. I will get back to you on this issue after I
discuss with my wetland/ stream speciaists.
I will be talking to Amanda Jones at the CORPS in Ashville tomorrow to start the process of the NWP 29 for the culvert and fill in the stream. I will advise you of the
results of that conversation.
Please advise that the landowner should begin the seeding, road culverts, and stream crossing stabilization as soon as practical. This will help to speed up the
process of complying with the statutes.
Thank you for you help,
Phil Wagoner
Cell 336-325-6938
Steve Tedder <Steve,,"I'eddercL?NCmail,net>
WSRO
NC DENR
Subject; [Fwd: [Fwd: Emailing: Alleghany County violation site Wagoner Ridge Road 017, Alleghany County violation site Wagoner Ridge Road 007, Alleghany County violation site
Wagoner Ridge Road 010, Alleghany County violation site Wagoner Ridge Road 011]l
From: Steve Tedder <Steve,[e-mail]>
Date; Tue, 17 Jun 2008 09:51:59 -0400
To: Gary Hudson <[e-mail]>
CC: Amy Euliss <[e-mail]>
The date of the letter we sent out calling for a response was dated the 28th of May. We gave them 15 days to respond. If you count it as working days then their response should be due
about the 20th of June,
They have filed win LQ for AG exemption. Bottom line is that they will probably approve thus the violators would not have to obtain a sediment and erosion control plan nor our SW
permit,
I know Eddie Bunn has been on site shooting grades and preparing a plan. I want that plan one way or the other.
1 think its time for a curve ball. 1 think we need to resend the letter and indicate we are aware of their request for an Ag exemption. We should require that a sediment and erosion control
plan be submitted to our office for approval to stabilize the site in the disturbed areas. We would then approve the plan as part of the restoration efforts on the site. (Matt has agreed to
review the plan that is submitted and give us comments as to the acceptable nature of the plan). I want the road and the area on the hillside stabilized!
Lets discuss and get the second letter out quick and give them 15 more days to have the plan submitted along with the other items we had included in the initial letter.
Tedder
-------- Original Message --------
Subject:[Fwd: Finailing: Alleghany County violation site Wagoner Ridge Road 017, Alleghany County violation site Wagoner Ridge Road 007, Alleghany County violation site
Wagoner Ridge Road 010, Alleghany County violation site Wagoner Ridge Road 0111
Date:Tue, 17.1un 2008 09:1340 -0400
From:Steve Tedder:Steoe.Teddera`ncmail nev
Reply-TwSteve_7'c der7i?NCmail net
Orgauization:NC DENR - Winston-Salem Regional Office
To:Matt Gantt -Matt. Ganttrdncmai 1. nev-, Neil Uldrick <Neil.UlclnckR?ncmail.net>
I'm finally attaching these messages to the right project in Alleghany Co.
We have a hole here that really needs patching. One would think that if its a violation site and they had not submitted the exemption request before they started disturbing >1 acre, that
they would or could lose the opportunity for the exemption. This is a site that needs a plan and I think Neil would agree.
If I required them to get a plan as part of the WQ response to the violations and to get the plan approved and to implement the plan, would you be able to handle if it came in the door ??
If an activity needs a plan to be developed and to be implemented correctly, we do not have the expertise that you and your staff do in this area. I could wing it but 1'd be at the mercy of
their consultant or engineer.
Any thoughts?
Tedder
Hey Steve,
Yes If they claim the agricultural exemption we have to let it go. This would not be the case if we had evidence of building permits, septic tank permits, subdivision plats, etc. The
exemption is sketchy at best, however we have to go by the "intended usage" of the property. Their "intent" at this time may be agriculture, but they could change their "intent" at any
time. The agricultural exemption form is for our records. If we catch them developing the property, we can use the form to potentially show ajudge that they were aware of the
requirements of the Sediment Act.
I hope this clears things up a bit. It is my understanding that they have the form are having it notarized at this time.
Please let me or Neil know if you have any knowledge of further development at the site and we'll take care of getting it in compliance with the Sediment Act.
Thanks,
Matt
On 6/17/2008 7:06 AM, Steve Tedder wrote: So, if they submit an Ag exemption(after the fact and after the damage has been done) then do you guys just let it go?? If you do, why is Eddie
Bunn continuing to put together their sediment and erosion plan?
Why would the road construction, the pond or the stream crossing fit the Ag exemption under 113A-52.01?
At least Forestry has to follow established BMPs to be exempt. Does ag have to follow anything relating to the Sedimentation Pollution Control Act?
Tedder
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
On 6, 16;2008 2:54 PM, Neil Uldrick wrote: Just talked to Matt... they are submitting an Ag Exemption, but it hasn't been received as of yet. I'll let you as I know more.
Neil Uldrick, CPESC, CESSWI
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
------- Original Message --------
Subject: Emailing: Alleghany County violation site Wagoner Ridge Road 017, Alleghany County violation site Wagoner Ridge Road 007, Alleghany County violation site Wagoner
Ridge Road 010, Alleghany County violation site Wagoner Ridge Road 01 1
Date:Tue, 20 May 2008 08:10:10 -0400
From:Amy Euliss <Amy.F.ulissCa?ncmail.net>
Reply-TwA mv. E.ul iss(kNCmail. net
Organization:NC DENR - Winston-Salem Regional Office
To:Steve TedderA,1NCmail.net
Steve,
These are some pictures Gary and I made of a violation on Wagoner Ridge Road in Alleghany County. I went out with him in response to a complaint. We'll be by shortly to talk with
you.
Amy
The message is ready to be sent with the following file or link attachments:
Alleghany County violation site Wagoner Ridge Road 017
Alleghany County violation site Wagoner Ridge Road 007
Alleghany County violation site Wagoner Ridge Road 010
Alleghany County violation site Wagoner Ridge Road 01 1
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how
attachments are handled.
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Steve Tedder
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
(336)-771-4950
Fax [phone]
Steve Tedder <Steve.Tedder,A?NCmail.net>
WSRO
NC DENR
Subject: Re: Wagoner Ridge Rd. Alleghany County
From: Sue Homewood <Sue.Homewood@ncmai].net>
Date: Tue, 29 Jul 2008 13:39:53 -0400
To: [e-mail]
CC: Steve. [e-mail], Phil Wagoner <[e-mail]>, Amy Euliss <[e-mail]>, Laurie J Dennison <[e-mail]>
Ms. Thomas,
The Division has not received the permit application fee that we require in order to process the wetlands/stream 401 permit application. We discussed
during my site visit that there was some confusion about the fee. Mr. Bunn originally sent in the appropriate $240 check, however we thought a higher fee
would be necessary and we returned the check to him requiring a fee of $570. After the site visit I verified that the $240 was the correct fee but since
we sent back the first check, we needed another one to replace it. We need the fee asap in order to process the 401 permit and approve the work to be done
to resolve the violation on your property.
Please send a check payable to the N.C. Division of Water Quality for $240 to
DWQ wetlands unit
Attention: Laurie Denison
2321 Crabtree Blvd., Suite 250
Raleigh, NC, 27604
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality 585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Amy Euliss <nmy Iluhss%r?NCmail net>
Dnision of Water Qualih. Surface Water Protection
NC DENR
Wagoner Ridge Rd. Alleghany County 2.eml Content-Type: message/rfc822
Content-Encoding: 7b i t
]Fwd June Thomas Fee].eml Content-Type: message/rfc822
Content-Encoding: 7bit
[Fwd Re Fw June Thomas NOV].eml Content-Type: message/rfc822
Content-Encoding: 7bit
]Fwd Re Wagoner Ridge Rd. Alleghany County 51.eml Content-Type: message/rfc822
Content-Encoding: 7b i t
[Fwd Revised June Thomas E&S Plan].eml Content-Type: message/rfc822
Content-Encoding: 7b i t
Thomas Road Revision.pdf Content-Type: application/pdf
'
Content-Encoding: base64
08-1047 June Thomas Property (Alleghany).eml Content-Type: message/rfc822
Content-Encoding: 7bit
Emailing Alleghany County violation site Wagoner Ridge Road 007, Alleghany County violation site Wagoner Ridge Road 014, Alleghany County violation site Wagoner Ridge F
June Thomas Property.eml Content-Type: message/rfc822
Content-Encoding: 7bit
June Thomas Property 2.eml Content-Type: message/rfc822
Content-Encoding: 7b i t
June Thomas property 3.em1Content-Type: message/rfc822
'
', Content-Encoding: 7bit
June Thomas Property 4.eml Content-Type: message/66822
Content-Encoding: 7bit
June Thomas Property _ Alleghany Co..eml Content-Type: message/rfc822
Content-Encoding: 7bit
June Thomas Wagoner Ridge Road Alleghany County.eml Content-Type: message/rfc822
Content-Encoding: 7 b i t
violation site Wagoner Ridge Road.eml Content-Type: message/rfc822
Content-Encoding: 76it
Content-Type: image/jpeg
Alleghany County violation site Wagoner Ridge Road 017.jpg Content-Encoding: base64
Content-Type: image/jpeg
Alleghany County violation site Wagoner Ridge Road 007.jpg Content-Encoding: base64
Content-Type: image/jpeg
Alleghany County violation site Wagoner Ridge Road OlO.jpg Content-Encoding: base64
Content-Type: image/jpeg
Alleghany County violation site Wagoner Ridge Road Ol l.jpg Content-Encoding: base64
Wagoner Ridge Rd. Alleghany County Leml Content-Type: message/rfc822
Content-Encoding: 7bit
i. t
t=?of
--OOOO i
?•E o_
a _rvn v
of K?,
w eN rl
Ali it q?
i
9 / / /7 yD oX m
3V O
%
1 11 1 1 /
I
I ,
it
z
ro
v
U
Ylk
- ' 11
€N
s o

?y€
E? t)
'
`
t`
L t
t

`11 Y ,

F
1 r
1 ? r
1 /
I 1 i? d
11 1 1 y; I'? r`

m
o ?
at°
a
ao
?- Fyl
0 0
m C
a` o o
U my
O? J W V
Kts C
0
c E • z° °
.2 :6
m
? rn W -° a
v O 3w
0 0
? C
N E--4
N
O
O W
O
a ry?
k
\ E
v p
1 I
I
II.
II
II
III c y
I ?1_ FE
J ?I
r '

F3 - -
I I ?
?? '___ ? ??it ? • ?? ? ? ?? z a ? ?
a Jn• _ =?xo-vzo / I Z?j"0 k, "` t °vg• 5?+!?? n
V F
Nc°°- o u °o$ii?°°
m $'nw`ui¢ gt°vNii sln GV?_iS n E m- ?,'?? ? V E
c7-6 c.. N•Nmrm nm m m$o i{y er _ cc E?
2 _:e
3

r
ar:.^
?r
Y
¦

4

?.r :21

1

I
F

R
as
it