NOV-2008-CV-0017 Ver 1_Notice of Violation_20081020

MELROSE,
O &LAY, P.A.
)StEA G%
A7-MRNF" AT LAW
October 20, 2008
Wetlands and Stormwater Branch
NPS Assistance and Compliance Oversight Unit
c/o John Hennessy
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
North Carolina Department of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
c/o Kevin Barnett
2090 U.S. Highway 70
Swannanoa, NC 28778
Mark R. Melrose
Randal Seago
Kimberly C. Lay
Nathan Earwood
B. David Steinbicker, Jr.
Michael McConnell
Agatha B. Guy
Re: Notice of Violation and Recommendation for Enforcement
Nov-2008-CV-0017
Laurel Bank Campground Property
Removal of Best Usage (excavation and fill)
Failure to Secure a 401 WQC
Maywood County, North Carolina
To all concerned:
In acknowledgment of receipt of the above referenced notice of violation and in reply to the
request for a written response within 15 days, the owners of Laurel Bank Campground provide
the following information:
Laurel Bank Campground has retained Michael Baker Engineering, Inc. (Baker), to assist with
the plan development, permit, certification and authorization necessary to achieve compliance
with state and local authorities. Micky Clemmons, Office Principal with Baker has made contact
with the Asheville Regional Office of Division of Water Quality, the Division of Land
Resources, the Haywood County Erosion Control Office, the U.S. Army Corps of Engineers, and
2775 Hwy 74 East • P.O. Box 1011 • Sylva, North Carolina • 28779 • [phone] • Fax: [phone]
576 Dellwood Road • Waynesville, North Carolina • 28786 • [phone]
[phone] • www.mountainverdiet.coni
the N.C. Wildlife Resources Commission on behalf of Laurel Bank Campground. In an effort to
create a restoration plan that unilaterally addresses the concerns of all agencies involved, an
onsite visit with available representatives and Mr. Clemmons has been scheduled for October 22,
2008 at 10 a.m.
Laurel Bank Campground intends to make every effort to comply with state and local authorities,
including taking all steps necessary to correct any inadvertent adverse impact caused by
activities to date. Such actions were taken in an effort to repair extensive bank erosion triggered
by Hurricanes Frances and Ivan, which erosion had become more threatening to the livelihood of
the Campground with each heavy rainfall. Unfamiliarity with the law, relevant agencies, and
permitting procedures resulted in these actions being taken prior to obtaining all necessary and
proper paperwork and permits.
Laurel Bank Campground immediately ceased work upon receiving notice that its efforts were in
violation of state and local authority and has no plans to resume the work until all proper permits
have been obtained and existing violations have been cured. Be assured that before the onset of
any future project within the Campground, every agency with a remote interest in the project will
be contacted and all necessary permits will be acquired.
Documentation describing and quantifying impacts to the site and plans to avoid further stream
and wetland impacts, a stream restoration plan, necessary permit applications and a schedule
with regard to the restoration can be obtained through Mr. Clemmons after he has had the
opportunity to meet with representatives of all necessary authorities.
Should you have any questions or concerns regarding this letter, please contact Micky Clemmons
at [phone] ext. 2002 or myself at [phone].
Sincerely,

Agatha B. Guy
Attorney for Laurel Bank Campground
cc:
USACE
c/o Lori Beckwith
151 Patton Avenue, Rm 208
Asheville, NC 28801-5006
2775 Hwy 74 East • P.O. Box 1011 • Sylva, North Carolina • 28779 • [phone] • Fax: [phone]
576 Dellwood Road • Waynesville, North Carolina • 28786 • [phone]
[phone] • www.mountainverdiet.com
Gray Hauser
North Carolina Department of Environment and Natural Resources
Division of Land Resources
1612 Mail Service Center
Raleigh, N.C.
Dave McHenry
North Carolina Wildlife Resources Commission
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, North Carolina 28786
Haywood County Erosion Control Program
c/o Jennifer Braddish
1233 North Main Street
Waynesville, North Carolina 28786
Sherrie Crawford McArthur
Laurel Bank Campground
350 Campers Lane
Canton, NC 28716
Micky Clemmons
Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201
Asheville, NC 28806
2775 Hwy 74 East • P.O. Box 1011 • Sylva, North Carolina • 28779 • [phone] • Fax: [phone]
576 Dellwood Road • Waynesville, North Carolina • 28786 • [phone]
[phone] • www.mouiitainverdict.coni