HomeMy WebLinkAbout20081335 Ver 1_Individual_200808290 8- 1 3 3 5 CLEAR CREEKS CONSULTING
LLC
1317 Knopp Road
Jarrettsville, Maryland 21084
410-692-2164
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PAYN!; ?T
Attention: Division of Water Quality
401/Wetlands Unit
Please note that this package includes four copies of
the permit application, plans and supporting
documentation instead of the required seven.
At their request, one copy each was sent directly to:
Sue Homewood
North Carolina Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Clif Whitfield
North Carolina Division of Land Resources
585 Waughtown Street
Winston-Salem, NC 27107
Ron Linville
North Carolina Wildlife Resources Commission
3855 Idlewild Road
Kernersville, NC 27284-9180
AUG 2 9 2008
DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
M
08-1335
PAYM" J
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Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing U IN ? R f W 1r =P1
1. Check all of the approval(s) requested for this project: AU G 2 9 2008
® Section 404 Permit
? Section 10 Permit DENR - WATER QUALITY
® 401 Water Quality Certification WETLANDS AND STORMWATER BRANCH
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW-27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Lake Hills Homeowners Association
Mailing Address: PO Box 383
Pfafftown, NC 27040
Telephone Number: (336) 978-3752 Fax Number:
E-mail Address: dsnrqd(a)-q mail. corn
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Rocky Powell
Company Affiliation: Clear Creeks Consulting LLC
Mailing Address: 1317 Knopp Road
Jarrettsville, MD 20184
Telephone Number: (410) 692-2164 Fax Number: (410) 692-2164
E-mail Address: clearcreeksna,clearviewcatv.net
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lake Hills Dam Removal and Ecological Restoration
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 6808-19-0932 6808-19-6509 6800-19-9211
6809-20-1129 6809-21-3759 6809-20-3999 6809-20-3833 6809-20-2685 6809-20-7817
4. Location
County: Forsyth Nearest Town: Winston-Salem
Subdivision name (include phase/lot number): Lake Hills
Directions to site (include road numbers, landmarks, etc.):
Take Business 40 west to Silas Creek Parkway. Go north on Silas Creek Parkway to
Reynolda Drive. Go west on Reynolda Drive to Bethania Road. Turn right on Bethania
Road go 2500 feet and turn left on Lake View Drive. Follow Lake View Drive to Lake Hills
Lake.
5. Site coordinates, if available (UTM or Lat/Long): 36011119.87"N, 80020152.8311W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential subdivision with wooded slopes around lake
7. Property size (acres): 160.5
Nearest body of water (stream/river/sound/ocean/lake): Mill Creek #3
9. River Basin: Muddy Creek/Yadkin River
Page 6 of 13
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work:
NCDENR Dam Safety is requiring the Lake Hills Homeowners Association to repair or
remove an existing old dam. The community, working with Pilot View RC&D, proposes to
remove the dam and restore 2100 feet of Mill Creek #3 across the old lake bed and 200 feet
through the old embankment area. In addition, the project will create 8.5 acres of wetlands in
the restored floodplain across the old lakebed and restore 780 feet of Mill Creek #3
downstream of the Lake View Drive Bridge.
11. List the type of equipment to be used to construct the project:
Tracked excavators with hydraulic thumbs, tracked trucks and tracked loaders, dump trucks
and misc. small trucks.
12. Describe the land use in the vicinity of this project: large lot residential and forest
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A pre-application meeting was held on-site April 1 2008 to present the project to the permitting
agencies. The following persons were in attendance: Mr. John Thomas, USACOE• Ms Sue
Homewood: NCDWQ, Mr. Clif Whifield NCDLQ• and Mr. Rocky Powell Clear Creeks
Consulting. NCDENR issued a Certificate of Approval for the dam removal on January 4 2008
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
To address the community's concerns about the loss of their lake a component of the restoration
project includes replacing the existing 13 acre lake with a smaller 3.2 acre lake constructed along
the southern perimeter of the old lake. Construction of this pond is contingent on securing an
Individual Permit which has been applied for under a separate application
Page 7 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a brief written description of the proposed impacts:
Temporary impacts include:
1) removal of a small percentage of the existing vegetation on streambanks, and terraces to allow
grading and sloping of the streambanks and construction of floodnrone areas; and 2) dewatering
and diversion of the baseflow to allow work to proceed in the da.
Permanent impacts include:
1) excavation of the streambed to establish a new channel profile pools and riffles) and 2)
placement of fill - a) in abandoned channel sections after constructing a new channel that is
reconnected to the floodplain, b) to construct/install structures such as cross vanes log-boulder
i-hooks, constructed riffles, and boulder step pools, etc. at key points along the channel to
provide grade control and deflect flows away from the banks and toward the center of the
channel; c) construct floodylain wetland system
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.Qov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: 3.5
Total area of wetland impact proposed: 0
Page 8 of 13
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Im act leasespecify)
See plans Restoration 2100 Mill Creel #3 25 bankf ill Perennial
across lakebed 15 baseflow
Restoration 25 bankfull
See plans through old dam 200 Mill Creel #3 15 baseflow Perennial
Restoration 25 bankfull
See plans downstream of 780 Mill Creel #3 15 baseflow Perennial
dam
Note: See Purpose of Project in Item 10 for explanation of stream impacts
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 3080
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean
and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
Dam removal and
See plans reconstruct stream
channel and floodplain 13 Lake Hills Lake Lake
across old lakebed
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described here
and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down
valve or spillway, etc.):
Page 9 of 13
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The general restoration approach for Mill Creek #3 includes reconstructing a stream channel,
floodplain, and wetlands across the old lakebed and through the area of the old dam.
Downstream of Lake View Drive restoration work includes stabilizing eroding streambanks,
relocating the channel away from steep failing hillslopes, reconnecting the channel with the
floodplain, and modifying channel cross-sections to improve habitat and sediment transport
capacity.
The temporary impacts associated with mechanical clearing are limited to those stream banks
where grading is essential to establish stable channel eg ometry. All disturbed areas impacted
within the limits of the project will be seeded with native grasses and planted with native trees
and shrubs. All disturbed areas impacted outside the limits of the project will be seeded with
grasses and clover.
The permanent impacts associated with fill will run almost the entire length of the project. The
majority of the fill placed will involve backfilling the old lakebed to create the new channel,
floodplain and wetlands. Some sections of the existing channel downstream of Lake View Drive
will be narrowed by constructing toe benches along the channel margins to reconstruct failing
banks and improve habitat and sediment transport. In addition, cross vanes, log-boulder j-hooks,
and constructed riffles will be constructed at key points along the channel to provide grade
control and divert flow away from the stream banks. Avoidance of these impacts would be
inconsistent with many of the objectives of this project including: reconstructing a channel,
floodplain and wetlands where none exist; improving habitat by constructing a narrower and
deeper baseflow channel, improving sediment transport capacity, reducing sedimentation, and
protecting the stream banks from scour.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 10 of 13
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary- to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:Uh2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 11 of 13
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone 1 extends out 3U feet perpendicular Prom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 12 of 13
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
E5 1-Zl ,
Applicant/Age 's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
FROM :AMERICAS AUTO MART INC FAX NO. :3367857873 Aug. 22 2008 02:06PM P1
Page 1 of 1
August 19, 2008
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as our agent in obtaining state
and federal permits to implement the restoration of Mill Creek on the Lake Hills Community
Association property in Winston-Salem, North Carolina.
Sincerely,
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Lake Hills Dam Removal and Ecological Restoration Project Limits Map
Topographic map showing the upstream and downstream limits of the project
area within the Lake Hills Community
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
Certificate of Approval
January 4, 2008 E ?
CERTIFIED MAIL JAN 10200
RETURN RECEIPT REQUESTED
Ms. Kaila Hires, President G?A,
Lake Hills Homeowners' Association, Inc:
3774 Lakeview Drive
Pfafflown, North Carolina 27040
RE: Approval to Breach
Lake Hills Club Dam
State T.D. FORSY-164
Dear Ms. Hires:
This is in response to your submission received on November 5, 2007 of plans, specifications,
and design data for the breach of the subject dam in compliance with the Dam Safety Law of
1967. Also, Check Number 8937 in the amount of $200.00 serving as the minimum application
processing fee was received on September 15, 2006. The plans, specifications and design data
were prepared under the supervision of Mr. Carl Richard Corse, PE. This letter constitutes
approval of your proposal to breach the subject dam according to the plans and specifications
submitted to this Division on November 5, 2007 with the following stipulations:
1. In accordance with North Carolina General Statutes (GS) 143-215.29 and North Carolina
Administrative Code (NCAC) 15A-2K.0203 construction inspection shall be provided
by a legally qualified engineer in the State of North Carolina.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. The lake or pond shall be drained in such a manner as to preclude off-site sedimentation
prior to beginning any work on the dam or its appurtenances.
4. The engineer shall specify a pump that is capable of pumping the base flow of the stream
around the construction area with an appropriate factor of safety. The discharge of the
pump shall be non-erosive and downstream of sediment retention structures.
Geological Survey • Land Quality - Geodetic Survey
Division of Land Resources • 1612 Mad Service Center, Raleigh, North Carolina 27699.1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: 919-715MM I Internet: wwwAr.enr. stata.nc.us/dlr.him .
An Equal Opportunity 1 ARtrmOve Adlon Employer - 50% Recyded 110% Post consumer Paper
. Z.t
Ms. Hires
January 4, 2008
Page 2 of 2
5. _ In accordance with GS 143-215.29 and NCAC 15A-2K.0203,.0215, and.0216, within
30 days of completion of the project, a legally. qualified engineer in the State of North
Carolina shall inspect the completed work and upon finding (a) that the work has been
done as specified and (b) that the breach has been sufficiently stabilized to restrain
accelerated erosion, and (c) the remains of the dam are safe, shall file with the Division of
Land Resources two sets of record drawings and a certificate stating that the work has
been completed in accordance with the approved plans and other requirements, and the
remains of the dam are safe.
6. You must notify Mr. Matthew E. Gantt, PE, Regional Engineer, Land Quality Section,
Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem, North Carolina
. 27107, telephone number (336) 771-5000 ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the City of Winston-Salem
Erosion and Sediment Control Program has jurisdiction at this site and an erosion and sediment
control approval must be obtained prior to beginning construction and sediment must be
prevented from entering the waters of the state or flowing onto neighboring property.
Enclosed are a cost certification form and an explanation of the final processing fee calculation.
An additional fee will be required when the cost certification and engineer's certifications are
submitted if the cost for removal of the dam exceeds $10,000.00. The cost certification form
must be completed and returned with the engineer's certification hi any event.
Construction must begin within one year of the date of this approval or the approval is void. For
assistance, you may contact a member of the Central Office dam safety staff at (919) 733-4574.
Sinc ly,
r
es D. Simons, PG, P?
Director and State Geologist
Enclosures
cc: - Mr. Carl Richard Corse, PE, CNA, Inc.
Mr. Rocky Powell, Clear Creeks Consulting, LLC
Mr. Charles Anderson, Pilot View RUD
Mr. Bill Mai, Lake Hills Home Owners Association, Inc.
Mr. John Payne, North Carolina Dept. of Justice Environmental
Mr. Steve Tedder, Surface Water Protection Section
Mr. Matthew E. Gantt, PE, Land Quality Regional Engineer