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HomeMy WebLinkAbout20061592 Ver 1_More Info Received_20061129 Cameron & Associates P.O. Box 1612 296 US Highway 158 Bypass Henderson, N.C. 27536 November 29, 2006 Ms. Cyndi B. Karoly Manager NCDWQ 401 Oversight/Express Review Permitting 1650 Mail Service Center 2321 Crabtree Boulevard Suite 250 Raleigh, N.C. 27699-1650 Ms. Karoly, Nod - ~esP~~,a~: ~ ZO ~ I~ov. 27~`` ,.~~ ~~; ~'~~~~ ~ Z0~6 As requested and in response to the Notice of Violation issued on November 7, 2006, Cameron & Associates provides the following explanation. Prior to the beginning of logging operations on this tract and two other contiguous tracts, the USGS Map was reviewed to determine if any streams were present and needed to be set off from the logging operations. One stream was noted on the map, and due care was taken to not disrupt or log in this area and insure a riparian buffer was left for the noted stream. Vance County requires a grading permit prior to the start of grading on the site, which required an erosion plan to be developed and approved. During this approval process, it was requested that a stream determination site visit be scheduled and performed for the subject property. On October 17, 2006, a stream determination site visit was made to inspect the subject property. The area in question is down gradient from an 18" drainage pipe under Highway 158 Bypass and a wet detention pond installed on the Corporate Express site. It is this detention pond which is noted to be the beginning of the stream in question. During the physical inspection of the property prior to logging, the subject area was not noted to be wet or have water running through it as was found on the day of inspection, although it had been raining several days prior to and during the actual site inspection visit. Because there was no blue line stream noted on the USGS Map, and the fact that the waters running into the drain are surface runoff created up gradient of the subject ;. ~: Page 2 November 29, 2006 Ms. Karoly property from impervious surfaces and roof drains as well as runoff coming down the northern ditch of 158, the subject area was believed to be nothing more than a drainage ditch for two large projects creating large amounts of runoff, and not a natural stream which required authorizations and permits to disturb. Although it is our belief and intent to appeal the stream determination, I have made several attempts to retain the services of several consultants with this matter to assist in this process and provide knowledgeable guidance in both the violation and appeal process as well as the remediation process. Unfortunately I have not been able to speak with any of them, but am mindful of the deadline with which a response was requested and trust this letter will show that I am making every attempt to comply and give this my due attention. Sincerely, Charlie L. Keeter, III Cameron & Associates CLK/dlk