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IMPORTANT
To J?N J
Date- Time---_?
?? WHILE YOU WERE OUT
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AREA CODE NUMBER EXTENSION
Message- `?_ `?
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Signed
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TELEPHONED c? PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health. and Natural Resources
U40

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A N15VA
DEN R
December 23, 1997
DWQ# 960499
Forsyth County
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
cp
Kernersville, N.C. 27285
SUBJECT: COMPLIANCE EVALUATION INSEPCTION
Ciener Ford
Dear Mr. Ciener:
On August 11, 1997 you were issued a Notice of Violation detailing the problems at the
aforementioned site. Subsequent to this Notice, you contacted this office and informed DWQ that the
required stormwater pond had been completed and that you would like DWQ to inspect the site to confirm
this.
On November 26, 1997 Mr. Brian Smith and Mr. Eric Galamb form the North Carolina Division of Water
Quality's Central Office and Mr. Ron Linville and Mr. Eric Black from NCDWQ's Winston-Salem
Regional Office conducted a compliance evaluation inspection at the aforementioned site. As a result of
this inspection it was evident that the stormwater pond has been built as required by the January 27, 1997
401 Water Quality Certification.
Your efforts in complying with the conditions of your 401 are appreciated. If you should have nay
questions regarding this matter or the 401 process in general please feel free to call John Domey or m} self
at [phone].
Sincerely,
Eric D. Fleek
Water Quality Certification Program
Cc: Ron Linville, NCDWQ Winston-Salem Regional Office
John Thomas, USACOE Raleigh Field Office
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of Noan Laroiina
Department of Environment,
Health and Natural Resources 4 •
Division of Wcter Quality F 1000% 1 James Hunt, Governor ED AM--- IL
Jonathan B. Howes, Secretary
E H N F1
A. Preston Howard, Jr., P.E., Director
August 11, 1997
Forsyth County
DWQ Project# 960499
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Subject: NOTICE OF VIOLATION
Compliance Evaluation Inspection
Ciener Ford
Dear Mr. Ciener:
On February 7, 1997 you were issued General Water Quality
Certification No. 2671 authorizing 0.86 acres of impact to
wetlands or waters for the purpose of developing a commercial
development at Shields Business Park. This certification required
a stormwater management system to be constructed in the relocated
channel by either 1) placing two concrete dams across the channel
or 2) placing two rock check dams across the channel.
On May 14, 1997 Gerald C. Parker submitted a stormwater
management plan to the Division of Water Quality for review and
approval. This letter stated the following: "The owner is
planning to install the dam beginning June 1, 1997 and would
appreciate your final review and approval. Please send a note of
approval by May 25, 1997 ". The Division gave its approval of the
stormwater management plan in a letter dated May 20, 1997.
On August 6, 1997 as part of an ongoing compliance
monitoring and enforcement program for 401 Water Quality
Certifications Mr. Ron Linville from the Division's Winston-Salem
Regional Office and Mr. John Dorney and Mr. Eric Fleek from the
Division's Central Office conducted a compliance evaluation
inspection of the Ciener Ford site. During the inspection it was
noted that there had been no work started on the concrete dam.
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX R 733-9959
An Equal Opportunity Afllrrnative Action Employer - 50% recycled/10% post consumer paper
Paul Ciener
Ciener Ford
Notice of Violation
In order to bring your project into compliance with the 401
Water Quality Certification you must complete work on the
stormwater management plan as detailed in your May 14, 1997
letter and plans. Please provide this office a schedule (with
dates) detailing when you plan to begin construction and why
construction has yet to begin. In addition, please notify this
office when construction of the pond is complete so an inspection
can be arranged.
Your cooperation in complying with the conditions of your
401 Water Quality Certification is needed and much appreciated.
Should you have any questions concerning this matter please feel
free to contact me at (919( 733-1786.
Sincerely,
Jo R. Dorney
Wat r Quality Ce ification Program
cc: Ron Linville, DWQ Winston-Salem Regional Office
USACOE, Raleigh Field Office
Eric Fleek, DWQ Central Office
Gerald C. Parker, Larry Callahan Surveying Co.
Anita Quigless, NC Attorney General's Office
Steve Tedder
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Xarrg X. Cnlla4an
ururging (gompang, Intr.
935 East Mountain Street, Suite I
Kernersville, North Carolina 27284
[phone] (Office)
May 14, 1997 [phone] (FAX)
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Attention: Mr. John Dorney
Subject: Shields Road Business Park
Stormwater Management Plan
DWQ # 960499
Forsyth County
Dear Mr. Dorney,
Enclosed you should find two (2) copies of the final stormwater plan for the subject facility.
The preliminary plan was acceptable according to your letter dated 4/9/97. No changes to
location or height of dam has been made, only final dimensions have been added for
construction purposes.
The owner is planning to install the dam beginning June 1, 1997 and would appreciate your final
review and approval. Please send a note of approval by May 25, 1997 so we can adjust
contracts before work begins if necessary.
Should you need additional information, please do not hesitate to call me at [phone] or
fax [phone].
Sincerely,
G rald C. Parker, PE
xc w/ attachments: Russell Radford - Town of Kernersville Engineering Department
John Thomas - US Army Corp of Engineers
Gray Hauser - NCDEHNR Land Quality Section
Paul Ciener
?A-
lops=
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 20, 1997
Mr. Gerald Parker
Larry L. Callahan
935 East Mountain
Suite 1
Kernersville, NC
Dear Mr. Parker;
Surveying
Street
27284
RE: Shields Road Business Park
Stormwater management plan
DWQ # 960499
Forsyth County
sw ?
?EHNFI
DWQ staff have reviewed your final stormwater management
plan dated 14 May 1997 for the stormwater pond in the channel at
Shields Road Business Park, This plan is acceptable in order to
meet the additional condition of our Certification issued on 7
February 1997.
Please call me at 919-733-1786 if you have any additional
questions.
Sin rely yours,
Jo R. ?Do?rney
960499a.pnd
cc: Steve Tedder
Paul Ciener
Anita LeVeaux-Quigless, Attorney General's Office
Bradley Bennett
Ron Linville, Winston-Salem DWQ Regional Office
Central Files
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity NtinneWe Action Employer 5o-/o recyr_W10% post consumer paper
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLAINT INVESTIGATION
FORM
Date Received: -7 Time:
DEM Contact:
Complainant:
Address:
----------------
I---Office: S County:
tZzjZW
- Telephone: (H)
?lam _ . _ (w)
Nature of Complaint: _L &,L & _ o i _ ? _ ?1?OW_ =---------
_42__ f u., -------------------------- ------------------- -----------------
------------------------------------------------------------------
Location / D'rections: C r R vL!?_r??!' _ 52I
= -------------
----- -------------------------------------------------------
---------- -- --- - -------=-------------------------------------
Nearest Stream: o Basin/Sub.: Index No.: Class:
Distance of impact from nearest surface water: QY\ OI? ?1 _______
Investigator:_ 1n v (? __? T L-k-Date: Time:
Observations:
-------------------------------------
Resolution: -- --- I A-9W -Q 2._
-------------------------------------
-------------------------------------
Is there a violation of the 401 Certification authorization ?
-------------------------------------------------------------------
If so complete the enforcement section on the back of this form and forward copy to
the Ce tr o al Office. /y
Signature: Date: b (/
DWQ 12/96
ENFORCEMENT
1. Is there a previous history of 404 / 401 ac 'vity on
If so, give 4ny det4ils: t 5r414,e _ CG
Nature of Violation (fill, excavation, etc.): -T0A? "+-
Acres: Yl (?l
Wetland Rating (if possible): w (n? ,j ,
Significant uses impacted: A!? ([V1
Were downstream uses impacted?S
Could the impacts have been avoided or significantly minimized? ,S
Could the activity have been authorized? -
Is restoration or mitigation appropriate for the unavoidable impacts?
State of North Carolina
MICHAEL F. EASLEY [WIN111MC111 Of JUSti('c
ATTORNEY GENERAL P. O. 11( )X G29
HALlaGI I REPLY TO:
May 23, 1997
Wolfe and Collins
A.L. Collins, Esq.
101 South Main Street
Kernersville, North Carolina 27284
RE: Paul Ciener
Forsyth County, LQS 96-0880
Dear Mr. Collins:
Anita LcVeaux-Quigless
Environmental Division
Telephone No. [phone]
Fax [phone]
I have been informed that the Department of Water Quality has reviewed and accepted
your clients's March 3, 1997 stormwater management plan. Accordingly, a withdrawal of your
petition appears to be in order. If other matters remain unresolved, or if you have any further
questions concerning this case, please contact me.
t erely,
Anita LeVeaux Quigless
Assistant Attorney General
cc: Steve Tedder
John R. Dorney tl-X
Ron Linville
9
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935 East Mountain Street, Suite I
Kernersville, North Carolina 27284
[phone] (Office)
March 3, 1997 [phone] (FAX)
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Raleigh, North Carolina 27626-0536
Attention: Mr. John Dorney
Subject: Shields Road Business Park
Stormwater Management Plan
DWQ # 960499
Dear Mr. Dorney,
?oH 9I
ryr4Z so,
Enclosed you should find three (3) copies of a preliminary stormwater plan for the subject
facility. The plan is based on actual field survey and includes the following information:
W
1.) Actual location of channel from field survey.
2.) Profile section of channel.
3.) Cross sections of channel. It appears that placement of the dam may be dictated in part by existing conditions. Please
note that the left side of the channel falls away at Station 1 +50. There is limited room for
grading on that side of the channel. A six foot high dam placed at Station 1+50 will provide ••
approximately 21,700 cubic feet of storage. This is very close to the amount of storage N
calculated earlier for two dams 4.5 feet in height. As an added benefit to the system we are
proposing a water quality orifice at the same elevation as the invert of the 54" RCP upstream.
The size of the orifice is shown at 1" but this can be adjusted to meet a specific drawdown time.
The temporary storage volume is estimated at 6640 cubic feet. Construction of one concrete
dam will minimize disturbance in the channel versus two rock dams. Excavation of the channel
behind the dam is undesirable.
If this concept is acceptable the plan will be revised to include temporary storage volume, orifice
sizing for drawdown period and details of dam construction.
Should you need additional information, please do not hesitate to call me at [phone] or
fax [phone].
Sincerely,
eP
r ,
?3tr1
co

State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitasy Deputy Secretary

ID EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM: ?- • C?
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 4

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 9, 1997
Mr. Gerald Parker
Larry L Callahan Surveying
935 Eztst: Mountain Street
Suite 1
Kerners,,ille, NC 27284
Dear Mr. Parker;
RE: Shields Road Business Park
Stormwater management plan
DWQ # 960499
Forsyth County
A LTX?FA
IT . a
40VO
ID EHNFI
DWQ staff have reviewed your stormwater management plan
dated 3 March 1997 for the stormwater pond in the channel at
Shields Road Business Park, This plan is acceptable in order to
meet the additional condition of our Certification issued on 7
February 1997.
Please call me at 919-733-1786 if you have any additional
questions.
Si
r 1 ours,
Joh h R. Do ey
960499.pnd
cc: Steve Tedder
Paul Ciener
Anita LeVeaux-Quigless, Attorney General's Office
Bradley Bennett
Ron Linville, Winston-Salem DWQ Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
An Equal opportunity Affirmative Action Employer 501/6 recycled/10% post consumer paper
' State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
00 47
now
ED EHN1?
February 7, 1997
Forsyth County
DWQ Project # 960499
APPROVAL of 401 Water Quality Certification and ADDITIONAL
CONDITIONS
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener.
You have our approval, in accordance with the attached conditions and those listed
below, to retain fill placed in 0.86 acres of wetlands or waters for the purpose of constructing
a commercial development at Shields Business Park, as you described in your application
dated May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This
Certification replaces one issued to you on 13 May 1996.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and
you may be required to send us a new application. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below. A
stormwater management system shall be constructed in the relocated channel by either 1)
placing two concrete dams across the channel or 2) placing two rock check dams across the
channel and excavating the channel bottom so as to double the existing volume. A final
stormwater plan shall be prepared and sent to DWQ within two months of the date of this
Certification. Maintenance of the ponds will not be required. In addition, a deed restriction
or conservation easement shall be added to all wetlands remaining on this property to prevent
future fill. A copy of this document shall be sent to DWQ. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
Ik
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
L eston Howard, r P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Domey
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
A
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
eston Howard, r P.E.
L
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 9, 1997
Mr. Gerald Parker
Larry L. Callahan Surveying
935 East Mountain Street
Suite 1
Kernersville, NC 27284
Dear Mr. Parker;
RE: Shields Road Business Park
Stormwater management plan
DWQ # 960499
Forsyth County
Nx.;IFA
A&4
r
[D FE F1
DWQ staff have reviewed your stormwater management plan
dated 3 March 1997 for the stormwater pond in the channel at
Shields Road Business Park, This plan is acceptable in order to
meet the additional condition of our Certification issued on 7
February 1997.
Please call me at 919-733-1786 if you have any additional
questions.
+hR ours,
Do ey
960499.pnd
cc: Steve Tedder
Paul Ciener
Anita LeVeaux-Quigless, Attorney General's Office
Bradley Bennett
Ron Linville, Winston-Salem DWQ Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
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Summary of Events
After the fact, DEHNR is requiring me to construct a wet po
Shields Road in Kernersville.
fin,-Ck -S. e,-v" ,,C,,

on my`prv15-erty
I own and am developing approximately 15 acres on Shields Road. After having
graded most of this property, and in an effort to complete the project, in November,
1995, I requested Callahan Surveying to obtain for me the necessary permits to
relocate a portion of a creek that crosses the property and fill a portion of the existing
creek bed.
Mr. Gerrv Parker of Callahan Surveying talked with the DEHNR office in Winston-
Salem and was told that he needed to contact the US Corps of Engineers and get a
404 permit before the creek could be moved. There was no mention of needing a
401 certification.
Mr. Parker contacted the Corps and he, John Thomas of the Corps, and I met on the
site. We were issued a 404 permit on December 1, 1995.
Mr. Parker then completed and submitted for approval to Winston-Salem DEHNR
our erosion control plan to relocate the creek. Our plan was approved as
submitted. Included with Gerry Parker's submission was a cope of the 404 permit
that he was told must accompany the application. No 401 certification was
submitted nor was one requested by DEHNR prior to their approval of the project.
On Februarv 20, 1.996, after the creek had been moved, I received a fax from
Mr. John Dornev, Raleigh DEHNR, requesting the filing of an application for a
Section 401 certification.
I immediately called Mr. Parker at Callahan Surveying and asked what this was and
whether I needed to complete it. He told me that he didn't understand why I should
need to based on what he had been told by Winston-Salem DEHNR---we had done
all that we needed to do. Ile also sent me a copy of a page from a DEHNR manual,
"Environmental Permit Directory" (Attachment '+1) which states, "An application
for a Corps of Engineers Section 404 permit is considered as an application for a
water quality (401) certification."
I had to go out of town so I had my Office Manager call Mr. Dorney and tell him that
I would complete his forms as soon as I returned.
Upon returning in early April, I spoke with Steve Kroeger at Mr. Dornev's office
about the forms Mr. Dorney had requested I complete. I told Mr. Kroeger that the
the creek had alreadv been moved. He said he understood but that 1: still needed to
submit the forms. I completed them and sent them to Mr. Dorney.
-2-
In early May, 1996, John Dorney called me. He said he knew that I had completed
the moving of the creek but was calling to tell me that he had approved my 401
application. He then told me that since I had moved the creek he had the authority
to require a wet water detention pond on my site and he was going to require one.
I told him that this site was grandfathered under the watershed regulation. He told
me that his authority was outside of the watershed regulations. I then explained
that I had gone to a lot of trouble and expense to get the property grandfathered so I
would not have to have ponds and that if I had known that I would have to build a
pond, I never would have moved the creek.
I told him that Winston-Salem DEHNR had given me a permit to move the creek
and asked him why they had not told me that I needed a 401 certification when I got
that permit. Mr. Dorne'v replied, "We've had problems with that."
I then told him it was not fair for me to be the one who has to suffer when his office
in Winston tells me I need a 404 but not a 401 and gives me a permit to do the work.
Thev made me give them the 404 permit before they would approve the grading
plan---why didn't they also require the 401 certification if it was necessary?
Mr. Dorney was not receptive to any of my comments; he just said that he was going
to send me his 401 approval letter with the requirements for the wet pond.
Since I thought I knew what his letter of Nlav 13, 1996 (Attachment #2) was to going
to sav and was extremely upset with the sequence of events and lack of proper
direction from DEHNR, I did not read Mr. Dorney's letter precisely. However,
when it was read by several other people who did not have any preconceived ideas
about the situation, they felt the letter said:
Paragraph 1 states approval of relocation of stream.
Paragraph 2 states that approval is only for my application as designed. That,
should I change the project, a new application may be required and for that
approval to be valid I must follow the there-attached conditions. It was further
understood that additional approval is required for a wet pond, if one was
then so required.
Nowhere in his letter of approval does it clearer state that the approval of the
application to fill 0.86 acres was subject to the requirement of a wet pond.
If I had not talked with Mr. Dorney and had understood his letter as several others
have, I would have been in an even worse situation for I would have thought
-3-
everything was okay with my present project so long as I didn't make any changes
and would have missed the date for an adjudicatory hearing---which I have now
requested!
Whether Mr. Dorney's letter is clear or not, I feel it was very unfair and
unreasonable for a state agency to specifically tell my engineer that I needed a 404
permit (but not a 401), write a manual for the trade that states a 404 application is
considered an application for a 401, give me a permit to do the work with a 404
permit attached but not a 401, and then even remotely expect me to suffer the
consequences.
It should be reasonable to expect DEHNR to do its job correctly and comlletely
before they should be allowed to require a citizen to go to extra effort and expense.
I request the removal of any requirements on this site as a result of my relocating
the creek.
Though I strongly feel that the problem was caused by DEHNR's failure to do its job
properly, I am very environmentally conscientious and in an effort to try to resolve
the situation, I have met with Mr. Dorney and have offered to do two things:
Construct two rock dams in the relocated creek to slow the creek thereby
creating a wetlands type area as it fills with silt, etc. behind the dams. These
dams would be constructed but there would be no maintenance on this area
in the future, just a there would not have been any on the original creek
location.
2. Place deed restriction on the remaining 0.7 acre of wetland on my property so
it cannot be filled, etc. Should I sell the 0.7 acre to two or more people
(which is very possible based on where it lays) most or all of this remaining
wetland could be destroyed since by law one-third of an acre of wetland can be
filled by each person without any permit.
Based on the fact that I only filled 0.86 acre of wetland and could have filled 0.33
without any permit, only 0.53 acre really required a permit. By placing the rock
dams in the creek, approximately 0.3 acre of the 0.53 acre will again be wetland and
by protecting the 0.7 acre of existing wetland, more wetland will continue to exist
long term than may have had I never moved the creek and created this situation.
I feel that my willingness to do the two things outlined above shows that I am really
trying.
-4-
Mr. Dornev, however, although talking with me in a tone of "trying to work the
situation out" clearly states in his last letter (Attachment #3) that he wants no less
than he demanded in his original letter---in fact, he now wants more!
According to him (a fact that, as I said, several people question) his first letter would
require me to place wet ponds on my development. Now, in his last letter, not only
are ponds required as one of his options but deed restrictions on the remaining
wetland are also required,
When I called him concerning the three options in his last letter, I mentioned that
instead of the situation getting better, it was getting worse. When I pointed out
that now, not only did he want a wet pond but also wanted deed restrictions, he said,
"We do that all the time." But when I repeated that this was worse than before, he
replied, "I guess I should have put it in the first letter." This is just another example
of the lack of clear, consistent procedures and the fact that their assumed or factual
bureaucratic authority is arbitrary, abusive and excessive.
I feel that, from the beginning, I have acted in good faith and followed the law to the
best of the information given me (us) by DEHNR. I feel that DEHNR has acted
inconsistently, arbitrarily, incorrectly and incompletely. I believe that my
willingness to do the two things mentioned above shows that I am trying to offset
any environmental damage I may have unknowingly caused but that based on the
options in Mr. Dorney's last letter, he accepts no responsibility for any of what has
happened. Actually, based on the facts of this entire situation, they, not I, should
take total responsibility for what has happened.
Again, since I am environmentally conscientious, I will do the two things listed
above so we all can get this matter behind us and move on to other things.

NC. LtM 0.4 tW,I-1 rax y1u-r 5:, ?f+ti_+
State' of Forth C rollna
Department of environment,
Hec ith and. fiat raI Resources
James B. Hunt'; Jf., Governor
Jonathan S. Hbw4s. Secretary
Steven J. f evlt'ps.. C>0uty Secretary
DATE: Cu'L
FAX TO:
I. V ?I
I ICt '1 ''_ D F. U1: CIS
ILTI
ED EF_ F-i 1**J Fzt'
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM:
PHONE: ?? -
NO. OF PAGES rNCLUDING THIS SHEET:
kA CAIk S? .

FAX NUMBER,
7 -33. -7R 4
C9-.
CjL/? U,
NC DEM WQ ENVSCI Fax:[phone]!
i
State of North Carolina
Department lof Environment
Health and Natural. Resources
Division of Water Quality
J a m ssiHurt, J?., Govemor
Jonoth,an 8:'Ci0W*% Secretary
A. Preston Howard, Jr., P.E., Director

JA.
ID E-.= F=1
October 21, 1 1996
Mr. Paul Ciener.?
Ciener Ford
P . O . Box 10 6-9
Kernersville, NC 27285
Dear Mr. Csener
RE St.ormwater.management, plans
Shields,);toad; Business Park
DWQ'M;960499
Forsyth.'County
The di.bcussions concerning stormwater management.tlo.r this
project have'reached the point that I believe, that a letter which
outline's the options you have in order to meet the c?onditicns of
the 461 Certification may be helpftiil in order to conclude these
discussions 'The purpose of this I:etter is to list,:these options
in order t.o help bring a :mutually pati!sfactory resol!utipn to this
matter.. After ,you and'Mr.'Parker :tiave reviewed these options,
Please, call me to discuss them if they:are unclear. Any of these
options would bedsatisfactory to the Division in order !to comply
with the.Certification.
Option A: Construct two check dams in the relocated channel as
proposed but construct. them out of concrete rather thanias rock
check dams. The rock check dams act as leaky weirs rather than
pond's ng '.permanent: water. This results in a loweringof, the
trapping efficiency to around 49%. As you know, the notmal
design criteriie. for `s; ormwater ponds is 85* removal of ITSS. The
permanent pools .that would result from the concrete dams will,
raise their removal efficiency but probably not to the 85% level.
In addition the ponds will need to be deepened by about one-foot
or raised ;by abo-ut one foot to increase the e-ffiency?closer to
the .8-5%..standard.. In addition, deed restrictions on tho wetlands
downslope on your 'property will be,needed to compensate for the
lower removal a €iciency. Finally''-,the new runoff can be directed
i. 1
_o flow directly into the wetland if a
st1 ling basin and flow
spreader device are constructed inwnonwetland areas upslcpe in
Envlronm ontal Sdwoet Branch 4401 Reedy Gnat Road AWS49h, Noft Carolina 27807
T**:hona 919-733.0880: FAX [phone]
An EqL+r o` awnky mkm wia Acton EnVW ar 60%rwiGW / M P" oorw w pow
NC DEM WQ ENVSCI Fax: 911-D-717-9959 Oct 21 '%
9:31 P. 017103
order to 4issl'Date the energy to nonerosive velocities. A
maintenance:plIan would need to be provided to DWQ for the ponds
and stilling basin in order to ensure that they will be kept in a
functioning state.
Option S: Construct the two rock check dams but increase their
volume to approximately twice the planned volume by deepening the
channel or widening the channel by cutting into the recently
filled building pads. This change will increase the trapping
efficiency of the dams. They could still be constructed of rock
rather than concrete and would therefore serve as leaky weirs.
The incr.easee in. volume would compensate for the less efficient
design of the..leaky weir. The deed restrictions on the downslope
wetlands would still be needed as would a stilling basin/flow
spreader device for the onsite runoff. Again, a maintenance plan
would need, to be provided to DWQ for the ponds and stilling
basin.
Option C: Construct a permanent wet detention pond. on,high
ground ci.e., dug into the existing building pads. on site) to
treat the new runoff generetted by the development. This pond
would have t.o be designed to;ineet the 85% TOSS removal standard
but would. not;treat: owf.aite runoff,.. A deed restriction on with
downslope,wetlands would still be needed to protect Abbotts Creek
and its. water supply uses from the'offsite runoff. ;;:A maintenance
plan' would be need for the detention pond.
Please''revfew these options. Y believe that any of these
options would allow us to resolve this matter so you can proceed
to develop the bus,i.ness park while protecting downstream water
quality. I can- be reached at 919-733-1786 if you have 'any
questions.
rely yours,
4ohri'DOrney
Water Quality CertifiCat n Program
ciener.ltr
cc: Ron Linville, Winston-Salem DEVQ Regional Office
Bradley Bennett
Brent: McDonald
Jerry. Parker, Callahan Surveying
Central, Files
t....-Aug-13-96 09:32A Callahan survey 910- 996-8625
C,
V P"5o'A
AAL"

I T..

DEPARTNIEN'r OF
ENVWONMENr,
HEALTH, AND
NATURAL RESOURCES
JAMES B. HUNT: JR..
GOVERNOR
JONATHAN B. HOWES,
SECRELARY, DEHNR
I
P.02
Wr.

M;
itYf.

• r,uca-13-96 09:32A callahan survey 910- 996-8625 1 P.03
V4
North Carolina
Environmental Permit Directory
1994 Edition.

PREPARED BY
THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
OFFFICE OF ENVIRONMENTAL. EDUCATION
Post Office Box 27687
Raleigh, North Carolina 27611-7687
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Steven J. L.evitas, Deputy Secretary
13-96 09:32A callahan survey 910- 996-8625 P.04
401 CERTIFICATION
Type of Project: Any person engaged in an activity which may result in a
discharge to navigable waters, defined as waters of the
United States, and requires a federal permit must obtain a
certification that such discharge will be in compliance
with applicable state water quality standards.
Authority: North Carolina General Statute 143, Article 21, Part 1.
Regulations: 15A NCAC 2H .0500 -.0502, and
15A NCAC 213 .0109 and .0201(b).
Requirements: Application shall be filed prior to project initiation with
the Division of Environmental Management, Water Quality
Section. An application for a Corps of EnzinLqs Section 404
permit is considered as an application for a water quality
certification. The applicant must send an application to the
state for initiation of the certification process. Project descrip-
tion, nature of discharge, and maps are among the documenta-
tion which is required. Public notice is issued at least 15 days
prior to proposed final action and a public hearing may be held.
Sets of Plans: An application package is available from the Division. The
original and one (1) copy of the application for certification
must be submitted.
Process Time: 130 day regulatory limit, normally 45 days.
Public Heating: A public hearing is not required but may be allowed at the
discretion of the Director.
Fees: Not applicable.
Permit Duration: Not applicable.
Contact: Appropriate Regional Office, or
Division of Environmental Management
Water Quality Section
Post Office Box 29535
Raleigh, North Carolina 27626-0535
[phone]
FAX [phone]
93
IIIF?T -11-11 -7 -7A
.*05/27/96 13:06 9109961266 P. 001
State of North Carolina
Department of Environment,
Health and Natural Resources
tivision of Environmental Management
James B. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
A Preston Howard, Jr., RE, Director
A 4
LIEHNR
May 13,19%
Fclr? CoUK7
DEM Project Ir 950165
APPROVAL of 401 Water Qwillty Certffkadoa and ADDMONA,T, CONDMONIS
Mr. 0-2 Ginner k . t ? ?N, tip'
Cie,or Ford
P.O. Box 1169
Kanersville, NC 27285
Dear Mr. Genet:
ll'?41?,?
You have our approval to retain fill in 0.86 aces watiaca for rite pu peso of trlocNdng a stream
channel at Getter Ford, as you described in your application dated May 1996. After reviewing your
application, we have decided that this fill is covered by General Water Quality Ceadieatlon Number
2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps
of Engineers.
Ibis approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to sent us a new applicatiat. For this
approval to be valid, you most follow the conditions listed is the attached cenificatiae. Additional
written DEM approval is required for a wet detention peed. Such a plan shall be sob Wood to DEM
within three months of the dace of the low. In addition, you should get any other federal, state or local
permits before you go ahead with your project
If you do not accept any of the conditions of this c nification, you may ask for an adjudicatory
hearing. You mast act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act If you have any questions, plum wkphone John Dorney at 919-733-1786.
Sincerely,
DO ViLL-1
Howard, Jr. P.S.
Attachment
cc: Wit niogm District Corp of Engineers
Corps of Bnginars Raleigh Pkld Of iiec
Winston-SWain DEM Regional Office
Mr. John Docney
Central Files
960165,1tr
Envinsnmsntal Sciencee Branch, 4401 Ready Greek Rd., Raleigh, NC 27607 Telephone [phone] FAX s 733.9959
An Equal Opportunity Aff irmative Action Employer • 50% ncycle&i 0% poet oonsumer paper
', 11,
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26 (HEADWATERS
AND'ISOLATED WETLANDS)
This General Certification is issued in conformity with the
rea-uirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the corps of Engi-
neers-regulations (i.e., Nationwide Permit No. 26). The category
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the activity results
in the loss or substantial modification of not more than 10 acres
of waters of the United States, including wetlands. This
Certification replaces Water Quality Certification Nu_-nber 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill c= substantial modification cf greater than
one-third of an acre o: such waters, including wetland.--,
requires a written concurrence from the Division of Er7.i.-
ronmental Management.
2. Proposed fill or substantial modification of equal to or
less than one-third of an acre of such waters, including
wetlands, does not require written concurrence from the
Division of Environmental Management.
3. Proposed fill o greater than one acre in SA, trout,
HQW, ORW, WS-I and WS-iI watersheds requires public
notice and an individual 401 Certification from the
sion of Environmental Hanagement;
4. That established sediment and erosion control practices
are utilized tc prevent violations of the appropriate
turbidity wate_ qualit_- standard (50 NTUs in streams and
_ ? ers not des- cnated as trout waters by ='.1; 25 NTUs in
all saltwater classes, and all lakes and reservoirs;-0
NTUs in trout ?'?-aters) ;
5. That additional- site-specific conditions may be added to
projects with greater than one-third of an a--_-e impact
which are proposed under this Certification in order --o
ensure compliance with all applicable water quality and
e.: f luent standa_ ds ;
6. Measures shall be take-: _o prevent live or fresh
concrete from coming into contact with waters of the
state until the: coricrerc has hardened.
7. C.:oncurrcnce from DCM this (,ert i_f icat: i.c.)n anPl =I ns to n
ind.`i_vi.dit?i.l. pro cct. shall n i.?ire t.hrec years :nom tbf-! `_at_c
State of North Carolina
Department of Environment,
'T41
Health and Natural Resources •
Division of Water Quality
James Hunt, Governor F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 7, 1997
Forsyth County
DWQ Project # 960499
APPROVAL of 401 Water Quality Certification and ADDITIONAL
CONDITIONS
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
You have our approval, in accordance with the attached conditions and those listed
below, to retain fill placed in 0.86 acres of wetlands or waters for the purpose of constructing
a commercial development at Shields Business Park, as you described in your application
dated May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This
Certification replaces one issued to you on 13 May 1996.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and
you may be required to send us a new application. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below. A
stormwater management system shall be constructed in the relocated channel by either 1)
placing two concrete dams across the channel or 2) placing two rock check dams across the
channel and excavating the channel bottom so as to double the existing volume. A final
stormwater plan shall be prepared and sent to DWQ within two months of the date of this
Certification. Maintenance of the ponds will not be required. In addition, a deed restriction
or conservation easement shall be added to all wetlands remaining on this property to prevent
future fill. A copy of this document shall be sent to DWQ. In addition, you should get ally
other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/100% post consumer paper
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
eston Howard, r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
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State of North Carolina
Department of Environment,
17
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F=1
A. Preston Howard, Jr., P.E., Director
February 7, 1997
Forsyth County
DWQ Project # 960499
APPROVAL of 401 Water Quality Certification and ADDITIONAL
CONDITIONS
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
You have our approval, in accordance with the attached conditions and those listed
below, to retain fill placed in 0.86 acres of wetlands or waters for the purpose of constructing
a commercial development at Shields Business Park, as you described in your application
dated May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This
Certification replaces one issued to you on 13 May 1996.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and
you may be required to send us a new application. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below. A
stormwater management system shall be constructed in the relocated channel by either 1)
placing two concrete dams across the channel or 2) placing two rock check dams across the
channel and excavating the channel bottom so as to double the existing volume. A final
stormwater plan shall be prepared and sent to DWQ within two months of the date of this
Certification. Maintenance of the ponds will not be required. In addition, a deed restriction
or conservation easement shall be added to all wetlands remaining on this property to prevent
future fill. A copy of this document shall be sent to DWQ. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/100/6 post consumer paper
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
eston Howard, r. P.E.
L
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Domey
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
ENVIRONMENTAL SCIENCES BRANCH
DIVISION OF WATER QUALITY
February 7, 1997
MEMO
TO: Anita Quigless, Attorney General's Office
FROM: John Dorne
RE: Ciener case
Kernersville
DWQ # 960499
Attached for your review and action are the revised 401
Certification and an accompanying cover letter to Paul Ciener to
resolve the pending court case. Please take the appropriate
action with his attorney to resolve the matter. I can be reached
at 733-1786 if you have any questions.
960499.end
cc: Jimmie Overton
A 1%
February 5, 1997
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, N.C. 27285
Dear Mr. Ceiner:
RE: 401 Water Quality Certification
Shields Business Park
DWQ # 960499
Forsyth County
Attached is the revised 401 Water Quality Certification for your project
to retain after-the-fact fill in 0.86 acres of wetlands and waters for your
proposed business park. I understand that you are willing to excavate the
stream channel behind the rock check dams to double their existing volume but
are concerned that you may violate the state's turbidity water quality
standard during that process. The purpose of this letter is to explain how
the turbidity water quality standard is enforced and what measures you can
take to ensure that you are in compliance with that standard.
As long as appropriate best management practices for sediment and
erosion control are designed, installed, operated and maintained in accordance
with an approved Sediment and Erosion Control Plan from the Division of Land
Resources, DWQ's turbidity water quality standard is met regardless of the
level of TSS (total suspended solids) in the stream (see attached copy of 15A
NCAC 2B .0211 (3)(k)). The Division of Land Resources in the Winston-Salem
office must review and approve a Sediment and Erosion Control Plan for this
project (including the stream excavation) using the most recent edition of the
"North Carolina Sediment and Erosion Control Planning and Design Manual".
Again as long as this plan is complied with, your project will be in
compliance with our turbidity standard. It is our understanding from
discussions with DLQ that you will need to submit a revised Sediment and
Erosion Control Plan for their review and approval prior to beginning this
work since it is not covered under your existing plan.
Please call Mr. John Dorney of my staff at 919-733-1786 if you have any
questions. Mr. Gray Hauser of the Winston-Salem Division of Land Quality can
be contacted at 910-771-4600 for information on the Sediment and Erosion
Control Plan.
Sincerely yours,
Steve W. Tedder, Chief
960499.cov
cc: Steve Mauney, Winston-Salem DWQ Regional Office
Gray Hauser, Winston-Salem DLQ Regional Office
Anita Quigless, Attorney General's Office
Central Files
Jerry Parker, Callahan Surveying
Wilmington District Corps of Engineers
Raleigh Field Office Corps of Engineers
t
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitasy Deputy Secretary
I LT.N?FA
40
T41
[D EHNF?
Division of Water Quality
vl Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: Q I FAX NUMBER: I
FROM: - ?
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: Z
f=?
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EHNR - ENVIRONMENTAL MANAGEMENT TISA: 02B .0200
but not be limited to substances that cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines pursuant to 40 CFR 110.4(a)-(b) which are hereby incorporated
by reference including any subsequent amendments and additions. This material is available for
inspection at the Department of Environment, Health, and Natural Resources, Division of
Environmental Management, 512 North Salisbury Street, Raleigh, North Carolina. Copies may
be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington,
D. C. 20402-9325 at a cost of thirteen dollars ($13.00).
(g) pH: shall be normal for the waters in the area, which generally shall range between 6.0 and 9.0
except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(h) Phenolic compounds: only such levels as will not result in fish-flesh tainting or impairment of other
best usage;
(i) Radioactive substances:
(i) Combined radium-226 and radium-228: the maximum average annual activity level (based
on at least four samples collected quarterly) for combined radium-226 and radium-228 shall
not exceed five picoCuries per liter;
(ii) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but
excluding radon and uranium) shall not exceed 15 picoCuries per liter;
(iii) Beta Emitters: the maximum average annual activity level (based on at least four samples,
collected quarterly) for strontium-90 shall not exceed eight picoCuries per liter; nor shall the
average annual gross beta particle activity (excluding potassium-40 and other naturally
occurring radio-nuclides) exceed 50 picoCuries per liter; nor shall the maximum average
annual activity level for tritium exceed 20,000 picoCuries per liter;
(j) Temperature: not to exceed 2.8 degrees C (5.04 degrees F) above the natural water temperature,
and in no case to exceed 29 degrees C (84.2 degrees F) for mountain and upper piedmont waters
and 32 degrees C (89.6 degrees F) for lower piedmont and coastal plain waters. The temperature
for trout waters shall not be increased by more than 0.5 degrees C (0.9 degrees F) due to the
discharge of heated liquids, but in no case to exceed 20 degrees C (68 degrees F);
(k) Turbidity: the turbidity in the receiving water will not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity will
not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the
existing turbidity level cannot be increased. Compliance with this turbidity standard can be met
when land management activities employ Best Management Practices (BMPs) [as defined by Rule
.0202(6) of this Section] recommended by the Designated Nonpoint Source Agency [as defined by
Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the
proper design, installation, operation and maintenance of such BMPs;
(1) Toxic substances: numerical water quality standards (maximum permissible levels) to protect
aquatic life applicable to all fresh surface waters:
(i) Arsenic: 50 ug/l;
(ii) Beryllium: 6.5 ug/l;
(iii) Cadmium: 0.4 ug/l for trout waters and 2.0 ug/l for non-trout waters;
(iv) Chlorine, total residual: 17 ug/l for trout waters (Tr); (Action Level of 17 ug/l for all
waters not classified as trout waters (Tr); see Item (4) of this Rule);
(v) Chromium, total recoverable: 50 ug/1;
(vi) Cyanide: 5.0 ug/1;
(vii) Fluorides: 1.8 mg/l;
(viii) Lead, total recoverable: 25 ug/1; collection of data on sources, transport and fate of lead
will be required as part of the toxicity reduction evaluation for dischargers that are out of
compliance with whole effluent toxicity testing requirements and the concentration of lead
in the effluent is concomitantly determined to exceed an instream level of 3.1 ug/l from the
discharge;
(ix) MBAS (Methylene-Blue Active Substances): 0.5 mg/l;
(x) Mercury: 0.012 ug/l;
(xi) Nickel: 88 ug/1;
(xii) Pesticides:
(A) Aldrin: 0.002 ug/l;
(B) Chlordane: 0.004 ug/1;
NORTH CAROLINA ADMINISTRATIVE CODE 10115196 Page 12
?w t
?a M sutF
RCPly t0: Anita LeVe., -Qui&m
Environmental Division
State of North Carolina [phone]
(91e) 733-0791 (Fax)
Department of Justice
P. O. Box 629
MICHAEL E EASLEY RALEIGH
ATTORNEY GriNERAL 27602-0627
MEMORANDUM
c?.
TO: A.-PretA ward ?Gti. J
':fohn Dorney
FROM: ( eVeaux-Quigless tr y9;,,
DATE: January 29, 1997
SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions
Today, I spoke with Mr. Paul Ciener; having received a facsimile of your proposed letter
of January 27, 1998. As requested I discussed the "APPROVAL of Water Quality Certification
and ADDITIONAL CONDITIONS" with Mr. Ciener. Mr. Ciener has only one objection to the
proposed conditions. Specifically, he said he had no problems putting the check dams in place
and would be more than happy to have the deed restrictions drawn up. However, he indicated
that the excavation of the channel bottom to double the existing volume is environmentally
unsound. Mr. Ciener noted that his engineers assured him that the excavation would result in a
pond and would be more harmful to the environment. Finally, Mr. Ciener invited both of you to
view the property, noting that upon viewing the property you will better understand his concerns.
Please advise as to how you would like me to proceed in this matter. Please call if you have any
questions.

,
viol
0Anl ` l
v -x

RECEIVED
FEB 0 S I9Y
ENVOO/VMENrgL gG,/E hS
"
JK 1L
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 24, 1997
MEMO
TO: Anita Quigless, Attorney General's Office
FROM: John Dorn
RE: Paul Ceiner case
Kernersville, Forsyth County
DWQ # 960499
Attached for your review and discussions with Mr. Ceiner's
attorney, is a draft 401 Water Quality Certification to permit
the fill of 0.86 acres of wetlands and waters at Mr. Ceiner's
property in Kernersville. We believe that this Certification
will still protect downstream water quality. Please let me know
if this Certification is acceptable to Mr. Ceiner so I can sign
it and distribute copies.
Please do not hestitate to call me at 919-733-1786 if you
have any questions.
960499.set
ED F= F1
CC: Steve Tedder
Jimmie Overton
Ron Linville, Winston-Salem DWQ Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
An Equal opportunity Affinnalive Action Employer
500/6 recycled/10% post consumer paper
?t
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT.X;WA'
Ar4JO2
C) F= Fl
January 27, 1997
Forsyth County
DWQ Project # 960499
APPROVAL of 401 Water Quality Certification and ADDITIONAL
CONDITIONS
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
You have our approval, in accordance with the attached conditions and those listed
below, to retain fill placed in 0.86 acres of wetlands or waters for the purpose of constructing
a commercial development at Shields Business Park, as you described in your application
dated May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This
Certification replaces one issued to you on 13 May 1996.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and
you may be required to send us a new application. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below. A
stormwater management system shall be constructed in the relocated channel by either 1)
placing two concrete dams across the channel or 2) placing two rock check dams across the
channel Md excavating the channel bottom so as to double the existing volume. A final
stormwater plan shall be prepared and sent to DWQ within two months of the date of this
Certification. Maintenance of the ponds will not be required. In addition, a deed restriction
or conservation easement shall be added to all wetlands remaining on this property to prevent
future fill. A copy of this document shall be sent to DWQ. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
.P.O
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Domey
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
cos Fax Dace
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960499.cov
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cc: Steve Maunt \ \ e
Gray Hauser \ \ \ or fice
Anita Quiglt ffice
Central File.
Jerry Parker,
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Wilmington Dis -'Corps of Engineers
Raleigh Field Office Corps of Engineers
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To ^ From
Co./Dept. Co.
Phone # Phone it
Fax a Fax n
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, N.C. 27285
Dear Mr. Ceiner:
RE: 401 Water Quality
Shields Business
DWQ # 960499
Forsyth County
t5
February 5, 1997
Certification
Park
Q
6J"z
Attached is the revised 401 Water Quality Certification for your project
to retain after-the-fact fill in 0.86 acres of wetlands and waters for your
proposed business park. I understand that you are willing to excavate the
stream channel behind the rock check dams to double their existing volume but
are concerned that you may violate the state's turbidity water quality
standard during that process. The purpose of this letter is to explain how
the turbidity water quality standard is enforced and what measures you can
take to ensure that you are in compliance with that standard.
As long as appropriate best management practices for sediment and
erosion control are designed, installed, operated and maintained in accordance
with an approved Sediment and Erosion Control Plan from the Division of Land
Resources, DWQ's turbidity water quality standard is met regardless of the
level of TSS (total suspended solids) in the stream (see attached copy of 15A
NCAC 2B .0211 (3)(k)). The Division of Land Resources in the Winston-Salem
office must review and approve a Sediment and Erosion Control Plan for this
project (including the stream excavation) using the most recent edition of the
"North Carolina Sediment and Erosion Control Planning and Design Manual".
Again as long as this plan is complied with, your project will be in
compliance with our turbidity standard.
Please call Mr. John Dorney of my staff at 919-733-1786 if you have any
questions. Mr. Gray Hauser of the Winston-Salem Division of Land Quality can
be contacted at 910-771-4600 for information on the Sediment and Erosion
Control Plan.
Sincerely yours,
960499.cov
Steve W. Tedder, Chief
cc: Steve Mauney, Winston-Salem DWQ Regional Office
Gray Hauser, Winston-Salem DLQ Regional Office
Anita Quigless, Attorney General's Office
Central Files
Jerry Parker, Callahan Surveying
Wilmington District Corps of Engineers
Raleigh Field Office Corps of Engineers
Incoming Message PAUL CIENER Page 1 of 1
Subject: PAUL CIENER
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TO:
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 24, 1997
MEMO
TO: Anita Quigless, Attorney General's Office
FROM: John Dorn
RE: Paul Ceiner case
Kernersville, Forsyth County
DWQ # 960499
Attached for your review and discussions with Mr. Ceiner's
attorney, is a draft 401 Water Quality Certification to permit
the fill of 0.86 acres of wetlands and waters at Mr. Ceiner's
property in Kernersville. We believe that this Certification
will still protect downstream water quality. Please let me know
if this Certification is acceptable to Mr. Ceiner so I can sign
it and distribute copies.
Please do not hestitate to call me at 919-733-1786 if you
have any questions.
960499.set
A4
[D FE F1
cc: Steve Tedder
Jimmie Overton
Ron Linville, Winston-Salem DWQ Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
An Equal Opportunity AffirmaM Action Employer
50% recycled/10% post consumer paper
.1 _W IM
State of North Carolina .
Department of Environment,
Health and Natural Resources AT4? •
Division of Water Quality
James Hunt, Governor ED E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 27, 1997
Forsyth County
DWQ Project # 960499
APPROVAL of 401 Water Quality Certification and ADDITIONAL
CONDITIONS
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener.
You have our approval, in accordance with the attached conditions and those listed
below, to retain fill placed in 0.86 acres of wetlands or waters for the purpose of constructing
a commercial development at Shields Business Park, as you described in your application
dated May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This
Certification replaces one issued to you on 13 May 1996.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and
you may be required to send us a new application. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below. A
stormwater management system shall be constructed in the relocated channel by either 1)
placing two concrete dams across the channel or 2) placing two rock check dams across the
channel and excavating the channel bottom so as to double the existing volume. A final
stormwater plan shall be prepared and sent to DWQ within two months of the date of this
Certification. Maintenance of the ponds will not be required. In addition, a deed restriction
or conservation easement shall be added to all wetlands remaining on this property to prevent
future fill. A copy of this document shall be sent to DWQ. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition which conforms to Chapter 150B of the North
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Jr
Page 2
DWQ Project # 960320
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files
Anita Quidless, Attorney General's Office
Jerry Parker, Callahan Surveying
960499.1tr
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary

LT.K;WA
IT 40
?A&41 *
dak
ID EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: n A A 5 t I FAX NUMBER: I
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:

Note for John Dorney
From: Steve Tedder on Sat, Jan 11, 1997 11:27 AM
Subject: RE: CIENER /WOODS FORD
To : Jimmie Overton
Cc: John Dorney
I CONCUR WITH JOHNS SUGGESTIONS OF EITHER CONCRETE CHECK DAMS OR
EXCAVATION BEHIND THE ROCK CHECK DAMS.
PROCEED WITH THE CERTIFICATIONS ACCORDINGLY.
THANKS FOR WORKING WITH ME ON THIS.
From: Jimmie Overton on Sat, Jan 11, 1997 11:22 AM
Subject: FW: CIENER /WOODS FORD
To: Steve Tedder
Cc: John Dorney
Steve if they're not going to be required maintenance, then
John's point is well taken in that with either the concrete
check dams or the excavation behind the rock check dams, at
least they will function better longer.
We will defer to your final decision and write the 401
accordingly.
From: John Dorney on Sat, Jan 11, 1997 10:52 AM
Subject: RE: CIENER /WOODS FORD
To: Jimmie Overton
Cc: Pete Colwell
You and Steve decide. My opinion (as noted in my 10/21/96
letter) is that Ceiner should be required to either construct
the check dams out of concrete or excavate the stream bed behind
the two rock check dams. Either measure would increase the
predicted efficiency of the dams which now is predicted to be
only about 49% removal of TSS (the design criterion is 85%
removal). We have never approved a pond with this low a level
of efficiency and I believe that it would be a bad precedent to
do so now. The maintenance question I am willing to forego with
the above design change. Please see me if you have questions.
I will work on the other measures suggested by SWT (indeed we
have already changed the language in our letter). Those ideas
seem quite reasonable.
Let me know what SWT decides so I can modify 401 in that manner.
From: Steve Tedder on Sat, Jan 11, 1997 10:02 AM
Subject: CIENER /WOODS FORD
To : Jimmie Overton
Cc: John Dorney
I HAVE REVIEWED THE INFORMATION YOU AND PAUL CIENER HAVE
PROVIDED ME ON THIS PROJECT. THERE ARE NUMEROUS ACTIONS AND
Page: 1
w
PARTIES INVOLVED. WE COULD SURELY USE THIS AS AN EXAMPLE OF
CLEANING UP THE PROCESS SOME ESPECIALLY FROM A "CUSTOMER
SERVICE" PERSPECTIVE , AND CLARIFYING SOME INFORMATION THE
PUBLIC SEES.
IT IS CLEAR THAT THE GRADING BEGAN IN NOVEMBER 95', WITHOUT
THE NECESSARY PERMITS FOR THE ACTIVITY. HE DID NOT HAVE THE
SEDIMENT AND EROSION CONTROL PERMIT, NOR THE 404/401 PERMITS AS
REQUIRED. ITS PRETTY OBVIOUS HE MOVED SO QUICK TO GET
GRANDFATHERED AND AVOID THE WATERSHED RULES.
IT IS CONCERNING THAT NEITHER THE CORPS FOLKS NOR THE LAND
QUALITY FOLKS DID NOT TELL HIM THAT HE NEEDED THE 401
CERTIFICATION IF THIS IS IN FACT TRUE. I WOULD THINK THAT THE px,
404 PERMIT SHOULD SPECIFICALLY STATE THAT THE APPLICANT MUST
OBTAIN THE 401 CERTIFICATION SEPARTELY FROM THE STATE OF NC FOR
THE 404 TO BE VALID. AND THE LQ APPROVALS SHOULD SPECIFICALLY
STATE IN CLEAR LANGUAGE THAT THE 401 IS REQUIED IN SUCH
SITUATIONS OF WETLAN DISTURBANCE OR STREAM DISTURBANCE. THESE
ARE THINGS WE NEED TO WORK WITH THE OTHER AGENCIES TO FIX AND
FAIRLY QUICKLY. AS FOR THE PERMIT DIRECTORY, IF HIS
STATEMENT ABOUT IT INDICATING THAT "AN APPLICATION FOR A 404 IS
CONSIDERED AN APPLICATION FOR A 401" WE NEED TO FIX THAT ALSO
TO MAKE IT CLEAR THAT THE 404 ITSELF IS NOT A 401
CERTIFICATION.
SOME OF THE LANGUAGE WE INCLUDED IN THE CERTIFICATION IS NOT
EXACTLY " USER FRIENDLY" TO THE "CUSTOMERS" WE ARE DEALING
WITH., AND WE FOR SURE COULD IMPROVE ON THAT PART.
MR. CIENER SAYS HE IS "ENVIRONMENTALLY CONSCIENTIOUS" ,
WHICH I HAVE SEEN NOTHING HERE TO SUPPORT. BUT WHAT I DO SEE IF
A SITUATION THAT WENT OFF THE TRACK . IT IS MY SUGGESTION THAT
WE MOVE ON AND ACCEPT THE TWO CONDITIONS THE APPLICANT HAS
AGREED TO.
1. CONSTRUCT TWO ROCK DAMS IN THE RELOCATED CREEK TO SLOW THE
CREEK THEREBY CREATING A WETLANDS TYPE AREA AS IF FILLS WITH
SILT BEHIND THE DAMS. AND THAT NO MAINTENANCE BE REQUIRED.
2. PLACE DEED RESTRICTIONS ON THE REMAINING 0.7 ACRES OF
WETLANDS ON THE PROPERTY SO IT CANNOT BE PIECEMEAL FILLED INT HE
FUTURE.
I HAVE TO SEPARATE THIS FROM THE WATERSHED ISSUE. THESE ARE TWO
DIFFERENT RULES AND REGULATIONS AND ARE DIFFERENT FROM EACH
OTHER SUBSTANTIALLY. SO HERE I WANT US TO JUST DEAL WITH THE
WETLAND ISSUE ALONE.
ITS TOO BAD THE CORPS DO NOT ASSESS FOR AFTER THE FACT ACTIONS
RATHER THAT JUST HANDING OUT THE PERMITS. I REALLY DO NOT SEE
WHY THIS IF NOT THE RULE RATHER THAN THE EXCEPTION FOR MOST
DEVELOPERS. MAYBE WE NEED TO LOOK AT THE STATUTUES WITH OAKLEY
TO SEE IF WE CAN GET SOME LANGUAGE THAT ALLOWS THE DIVISION TO
PURSUE CIVIL PENALITIES FOR SITUATIONS WHERE WE HAVE WETLAND
DISTURBANCE ACTIONS OCCURRING. I REALIZE THIS MAY BE THE COURSE
OF ACTION ALL WOULD LIKE. BUT , I DO THINK IT THE BEST COURSE
AT THIS TIME. I REALLY DO NOT THINK WE (WQ) DID ANYTHING
Page: 2
IF YOU DISAGREE WITH THIS DECISION, I WILL LET
TO PRESTON FOR HIS CALL. I DO THINK IF WE GET IN
NOT BE IN A VERY STRONG POSITION . PLEASE ADVISE
WANT TO GET THIS ONE FINALIZED MONDAY.
THANKS
THE ISSUE GO
OAH , WE WILL
BECAUSE I
Page: 3
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ovemor
Jonathan R Howes, Secretary
Steven J. Levitas, Deputy Secretary

?-MFA-'
NOW%
[D EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: f--OY? -?K " ( 1e- -, I FAX NUMBER:
FROM: 0/1
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
1?5? ?r?oss?_ ;?f?0 rnz a'
WS REGIONRL OFFICE Fax:[phone] Dec 31 '96 11:08 P.01/09
.NORTH Cjk3t 7LTNA
V3E3PP.3RW]KN1qT. CiF NNVw gp=uRGES
MsAI;,.W" , JUN= . NA,TLTR??L
wxM0wON..-SA3E.EM 3REGXG7NA?L' . O1pr? xCE
FAX - TR71NM1 SUM
Date: a?lfb
No. Of Pages cim3wi?? a!¦ P&O*)
TO
?"o?iA Qoree?r
From:
1..41 er-'? ?GNCf Quw? r
585 Naughtown Street
Winston-Salem, NC 27107
p.%X J: [phone]
phone #s [phone]
FAX: 73 3- 9}S?
Phone #s `?/9. '733?/y.g6

Should you not receive the nuWmr of pages as indicated above,
please call
WS REGIONRL OFFICE Fax:[phone]
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Offlee
James B. Hunt, Jr., Governor
Jonathon B, Howes; Secretary
Dec 31 '96 11:08 P.02/09
IDEHNR
DIVISION OF LAND RESOURCES
LAND QUALI'T'Y SECTION
December 4, 1995
LETTER OF APPROVAL WITH MODIFICATIONS
Paul Ciener
P.O. Box 1069
Kernersville, N.C. 27285
Dea1r Mr. Ciener:
This office has reviewed the subject sedimentation and
erosion control plan. We find the plan to be acceptable and
hereby issue this letter of approval with modifications as listed
on the enclosed page.
Be advised that Title 15 NCAC 4B.0017(a) requires that a
copy of the approved erosion control plan be on file at the job
site. Also, you thould.consider this letter to give the Notice
required by GS 113A-61(d) of our right of periodic inspection to
insure compliance with-the-approved plan.
North Carolina's-Sedimentation Pollution Control Program is
performance oriented, requiring protection of the natural
resources and adjoining properties. If following commencement of
this project it is determined that the plan is inadequate.to meet
the requ rements of the Sedimentation and Pollution Control Act
of 1973 (North Carolina General Statute,113A-51, through 66), this
office may require revisions to the plan and its implementation
of the revisions to insure compliance with the Act.
Please note that this approval is based in part on the
accuracy of the information provided in the Financial
Responsibility Form which. you have provided. You are requested
to file an emended form if there is any change in the information
included on the forma In addition,. it would be helpful if you
notify this office .of the. proposed starting date for this
project. Please notify us if you plan to have a preconstruction
conference, we will plan-to attend.
585 Woughtown Street, Wlnston-Sdem, NC 27107-2241 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Ertployer 50% recycled/ 10% pos1-conaYnsr pCPer
WS REGIONAL OFFICE Fax:[phone] Dec 31 '96 11:09 P.03/09
Mr. Paul Ciener
page 2
December 4, 1995
"The land-disturbing activity described in this plan may be
subject to the approval of other Local, State or Federal
agencies. This could include the Division of Environmental
Management under storm water or water quality regulations,
the U.S. Army Corps of Engineers under Article 404
jurisdiction,'county, city or town agencies under other
local ordinances, or other approvals that may be required.
This approval cannot supersede any other permit or
approval.„
Please be aware that if more than five acres are to be
disturbed by this project,.you will'be covered by the enclosed
general otormwater.permit N00010000 (Construction Activities).
You should first become familiari2cid with all of the requirements
for compliance with the general enclosed permit.
Your cooperation is appreciated and we loox forward to
working with you on this project.
Sincer ly,
5 erri V. ce
Assista Regional Engineer
SVS/br
Enclosure
PROJECT NAMES Shields-Business Park
LOCATION: Forsyth County
suBMITTED BY: Larry L. Callahan Surveying Co., Inc.
DATE RECEIVED: Novenber 22, 1995
WS REGIONAL OFFICE
Mr. Paul Ciener
Page 3
December 4, 1995
Fax:[phone] Dec 31 '96 11:09 P.04/09
MODIFICATIONS REQUIRED FOR APPROVAL
PROJECT NAME: Shields Business Park
LOCATION: Forsyth County
SUBMITTED BY: Larry L. Callahan Surveying Co., Inc.
DATE RECEIVED: November 22, 1995
1. Provide an adequate temporary diversion ditch below the toe
of the new fill'slope and above the proposed riprap lined
stream channel such that the storm water runoff and sediment
is conveyed into adequate sediment traps. Provide the
location and the enclosed construction details for the
measures on the plan.
NOTES Be advised that the above "Modirications Required for
Approval" are considered to be a part of the
approved plan unless an equally affective alternative
is submitted to and approved by this agency prior to
beginning this.land-disturbing activity.
WS REGIONAL OFFICE Fax:[phone] Dec 31 '96 11:09 P.05/09
State of North Carolina
Department of Envlronm®nt,
Health and Nratural.Resources A IOWA
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ILessha Fuller, Regional Manager
April 10, 1996
RZKORANUUN
TO: Doug Miller
FROM: Gray Haused
RE: Shields Business Park
Attached is a civil penalty request against Paul Ciener far
shields Business Park. When I inspected this site February
14, 1996, it was wide open. Deeply eroded existing fill
slopes and five acres of newly graded land were draining to
the relocated stream channel. Three sediment traps, 2083-
2402 cubic feet in volume :should have been installed. The
bottom and lower side slopes of the channel had been
riprapped. The upper half of the channel side slopes were
bare and eroding. In response to the Notice of violation,
the traps were installed, but the channel slopes were not
provided with sediment controls or adequate ground cover.
Paul Ciener did not come'to the scheduled compliance
inspection. I did not extend the compliance deadline
because Paul Ciener had already been given a reasonable
amount of time to comply, Paul Ci.oner did not contact me
to request an extension or say when the channel would be
protected, and the site has a long history of
noncompliance. An extended chronology of the this site
from September, 1993, is included in the checklist.
The chronology documents the repeated failure to respond
in a timely manner to inspection reports requesting
corrective actions. Three Notices of violation have bean
issued in a two-year period, not counting a fourth returned
for lack of postage.. ,
The inspection reports.list sedimentation damage for a
natural watercourse on:the tract. Downstream sedimentation
off the tract was difficult to document because of so much
past stream sedimentation-and dense wetland vegetation
along the stream in the western corner of the site. The
triple CMP culvert under Shields Road immediately
downstream becama'obstructed in late February and early
March with stream sediment, but there is no documentation
that it came from this site.
Assessment-of a civil penalty is appropriate given the
past and present oircumetances of this site.
585 Wauphtown Street. Winston-Salem. North Carotna 27107.2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Ernployer 50% recycled/ 10% post-consumer paper
WS REGIONAL OFFICE Fax:[phone]
State of North Carolina.
Department of Environment,
Health and Natural. Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes. Secretary
Leesha Fuller, Regional Manager
Dec 31 '96 1110 P.06/09
XlLf *7
. mKWA
E)aHNFZ
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
ENFORCKgENT FILE C ,IST
Shields Business Park
FOr zyt-h CoLnty
1. Civil Penalty Assessment Draft Document are attached.
2. The landowner and financially responsible party is Paul
Ciener. The mailing'address is P. 0. Box 1069,
Kerneraville, NC 27285. A copy of the FRO and deed are
attached.
3. The erosion control plan lists the disturbed area to be
15.8 acres.
4. A copy of the Notice of Violation and other
correspondence are attached.
5. Chronology
09/16/93 Initial plan approved by City of Winston-Salem
inspections Division (local erosion control
program)
05/18/94 Fred Dow an (local program) inspects site,
sediment trap needs maintenance. Report
gives 6/3/94 deadline..
06/06/94 Fred Bowen sends Paul Ciener a notice of
violation by certified mail, with a 6/20/94
deadline. Letter received 6/9/94.
07/01/94 Local program ends and state assumes
jurisdiction over sites in Kernersville
07/12/94 Inspection'by Matt Gantt and Gray Hauser,
noting off-site, poorly installed measures,
and lack of maintenance
08/02/94 Inspectioi7.by Matt Gantt and Sherri Bruce, no
work done-on site since 07/12/94 inspection.
686 Waughtown Sheet. Winton-Salem. North Carolina 27107-224) TAiephone 911}771-4600 FAX[phone]
An Equal Opporhmity Af rnatlve Actlon Emdover 60% recycled/ 10% post•eonsurnw paper
WS REGIONRL OFFICE Fax:[phone] Dec 31 '96 11:10 P.07i09
08/04/94 Notice of Violation issued to Paul Ciener.
08/09/94 Notice of Violation received
08/19/94 Compliance deadline (three months and one day
since problems first noted by Fred Bowen)
08/30/94 Inspection by Matt Gantt and Gray Hauser.
Stone spillways not installed in basins.
Paul ciener or anyone else attended scheduled
inspection. Deadline extended to 9/6/94.
09/30/94 Inspection by Matt Gantt. Site called in
compliance with comments asking for washed
stone on spillways and a diversion berm
10/18/94 Inspection by Matt Gantt. No change in site
since 9/30/94 inspection.
10/25/94 Revised.plan approved for 5-6 acres expansion,
11/07/94 Inspection by Matt Gantt, site in compliance
11/14/94 Inspection by.Matt Gantt, site in compliance
11/28/94 Revised plate approved
12/05/94 Inspection by Matt Gantt, temporary
diversions needod
12/29/94 Inspection by Matt Gantt, site in compliance
02/08/95 Ins.pection.by Matt Gantt, five violations
Trap 11 breached, Trap 10 and slope drains
not installed.
04/11/94 Inspection by Matt Gantt. Slope drains and
Trap.10 still not installed. Trap it and
rock.dam-needed maintenance.
06/11/95 Inspection by Gray Hauser and Sherri Bruce_
slope drains and Trap 10 still not installed.
Traps'li and 12 and rock dam need
maintenance. Problems noted 02/08/95 not
corrected.and getting much worse.
06/28/95 Inspection by Gray Hauser. No work on site
since 6%14/95 inspection. It has now been 5
months since installation of Trap 10 and
slope drains first requested. Gullies in
fill slope*are 3-7 feet deep.
07/17/95 Inspection by Gray Hauser. None corrective
actions in 4/11/95, 6/14/95 and 6/28/95
inspection-reports have been taken.
WS REGIONAL OFFICE Fax:[phone]
07/20/95 Notice of violation
deadline. Letter ri
7/31/95, while Gray
through August 14.
month lapse in time
Dec 31 '96 11:10 P.08/09
issued with 14 day
sturned for postage
Hauser on vacation
Nov not reissued due one
since inspection.
09/18/95 plan received to expand site 5.2 acres.
09/21/95 Letter-of Receipt.issued.
10/03/95 Inspection by-Gray Hauser. Measures had been
installed but needed-maintenanee again.
Traps 10 and 11 full of sediment. Gullies
in fill slope above the traps are "huge."
10/09/95 Letter of Approval with modifications issued.
10/17/95 Inspection by Gray Hauser, problems noted
10/03/95 remain plus.site has been without
groundcover for over 120 days.
11/22/95 Revised plan received to expand 1.4 acres and
relocate stream for 450 feet.
12/04/95 Letter of Approval with Modifications issued
02/14/96 Inspected,by Gray Hauser. severe stream
sedimentation.on the tract observed.' Three
temporary sediment traps critical to
controlling sedimentation off the 15 acre
site had.not'been installed.
02/15/96 Notice of violation issued.
02/21/96 Notice..of Violation received.
02/23/96 Letter.sent scheduling compliance inspection.
02/28/96 Compliance deadline.
03/01/96 Compliance inspection made by Gray Hauser_
Richard.Idol, the grading contractor, was
working. 'He said the Cieners were aware of
the inspection, and had told him the time and
date. Sediment traps and diversion berms had
been installed. The banks of the new channel
above the riprap lining had not been
protected with silt fence or adequate ground
cover.. Mr. Idol said.Greg Ciener had met on
site witty a seeding contractor.
03/06/96 Inspected by Gray Hauser. No additional
corrective actions had been taken to protect
the banks of the channel above the riprap
lining.
WS REGIONAL OFFICE Fax:[phone] Dec 31 '96 11:10 P.09/09
03/07/96 Notice of Continuing Violation issued.
04/01/96 Inspection by Gray Hauser. Site in
compliance with Nov, but sediment trap full
and slope drain washed out.
T
04/04/96 Inspection by Gray Hauser and Doug Miller.
Site in compliance.
A/d,0 k"' /off -. ./?...? a 25*7
6. civil Penalty Assessment Guidelines are attached.
7. Slides taken on March 1, 1996, and a location map of the
site are attached.
8. The site is in compliance. Inspection reports of April
1 and 4, 1996, indicating compliance are attaohed.

CIENER,,,
WOODS
P.O. BOX 1068 w KERNERSVILLE, NORTH CAROLINA 27285.1069
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T 0 39VcJ
6603 SGOOM a3N3IO
99ZT9660T6 LZ:PO V66T/PT/b0
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14,
?? I
Summary of Events
After the fact DE14NR is requiring me to construct a wet pond on my property on
Shields Road in Kernersville.
I own and am developing approximately 15 acres on Shields Road. After having
graded most of this property, and in an effort to complete the project, in November, ?'?
1995, I requested Callahan Surve in to obtain for me the necessary permits to
relocate a portion o a cree that crosses the property and fill a portion of the existing `ley (q6
creek bed. 1 4
Mr. Gerry Parker of Callahan Surveying talked with the DEHNR office in Winston- p?1
Salem and was told that he needed to contact the US Corps of Engineers and get a /?-
404 permit before the creek could be moved. There Vas Ug we to ion f needing a C" -/I 4J
?I
101 Certification. 4
C 1°1° '
Mr. Parker contacted the Corps and he, John Thomas of the Corps, and I met on the
site. We were issued a 404 permit on December 1, 1995. s?1114
Mr. Parker then completed and submitted for approval to Winston-Salem DEHNR
our erosion control plan to relocate the creek. Our plan was approved as submitted. Included with Gerry Parker's submission was a copy of the 404 permit
that he was told must accompany the application. No 401 certification was
d ?l submitted nor was one requested by D,_ HNR prior to their approval of the n2ro?e_
On February 20, 1996, I received a fax from
Mr. John Dorney, Raleigh DEHNR, requesting the filing of an application for a y
Section 401 certification.
I immediately called Mr. Parker at Callahan Surveying and asked what this was and
whether I needed to complete it. He told me that he didn't understand why I should
need to based on what he had been told by Winston-Salem DEHNR---we had done
uj- all that we needed to do. He also sent me a copy of a page from a DEHNR manual,
501 "Environmental Permit Directory" (Attachment #1) which states, "An application AD M
for a Corps of Engineerb SectjQa Q4 per it is considered as an application fora " j-,
water quality (401) certification."
C I had to go out of town so I had my Office Manager call Mr. Dorney and tell him that
I would complete his forms as soon as I returned.
Upon returning in early April, I spoke with Steve Kroeger at Mr. Dorney's office
about the forms Mr. Dorney had requested I complete. I told Mr. Kroeger that the
the creek had already been moved. He said he understood but that I still needed to
submit the forms. I completed them and sent them to Mr. Dorney.
Z0 39dd 0603 SQOOM 83N3IO 99ZT9660T6 LZ:bO b66T/bT/b0
-2-
In early May, 1996, John Dorney called me. He said he knew that I had completed
the moving of the creek but was calling to tell me that he had approved my 401
application. He tj=told me that since I had moved the creek he had lba uthority
to require a wet water detention pond on my site and he was going to require one.
I told him that this site was grandfathered under the watershed regulation. He told
me that his authority was outside of the watershed regulations. I then explained 40,A)l-
that ?NI had gone to a lot of trouble and. expense to get the property grandfathered so I
would not have to have ponds and that if I had known that I would have to build a
pond, I never would have moved the creek.
I told him that Winston-Salem DEHNR had given me a permit to move the creek
and asked him why they had not told me that I needed a 401 certification when I got
that permit. Mr. Dorney replied, "We've had problems with that."
I then, told him it was not fair for me to be the one who has to suffer when his office
in Winston tells me I need a 404 but not a 401 and gives Ulg a 2ermit to do the work.
They made me give them the 404 permit before they would approve the grading
plan---why didn't they also require the 401 certification if it was necessary?
Mr. Forney was not receptive to any of my comments; he just said that he was going
to send me his 401 approval letter with the requirements for the wet pond.
Since I thought I knew what his letter of May 13, 1996 (Attachment #2) was to going
to say and was extremely upset with the sequence of events and lack of proper
direction from DEHNR, I did not read Mr. Dorne 's letter precisely. However,
when it was read by sev6ra o er people who id not have any preconceived ideas
about the situation, they felt the letter said:
Paragraph 1 states approval of relocation of stream.
Paragraph 2 states that approval is pillX for my application as s' ed. That,
should I chaff the project, a new application may be required and for Jhd
approval to be \ ' I must follow the there-attached conditions. It was further
understood that additional approval is required for a wet pond, if one was
JhM so required.
Nowhere in his letter of approval does it giculN state that the approval of the
?t ,,?1? application to fill 0.86 acres was subject to the requirement of a wet pond.
Tf f had not talked with Mr. Dorney and had understood his letter as several others
have, I would have been in an even worse situation for I would have thought
60 39dd 6803 SQOOM 63NMO 99ZZ9660Z6 LZ:VO P66Z/bt/00
-3-
everything was okay with my present project so long as I didn't make any changes
and would have missed the date for an adjudicatory hearing---which I have now
requested!
Whether Mr. Dorney's letter is clear or not, I feel it was very unfair and
unreasonable for a state agency to specifically tell my engineer that I needed a 404
permit (but not a 401), write a manual for the trade that states a 404 application is
considered an application for a 401, give me a permit to do the work with a 404
permit attached but not a 401, and ,g& evert remotely expect-= to suffer the
consequences.
It should be reasonable to expect DEHNR to do its job correctly and comi2letely
before they should be allowed to require a citizen to go to extra effort and expense.
I request the removal of any requirements on this site as a result of my relocating
the creek. _/ d k t ? ? 1w,,,Q . Po
?T?hough I strb feel that the problem was caused by DEHNR failure to do its job
properly, I am ver envirortmentall cons us and in an effort to try to resolve '
At the situation, I have met with ?r. orney and have offered to do two things:
?
tgI?
Wl- .
Iw 1. Construct two rock dams in the relocated creek to slow the creek thereby
creating a wetlands type area as it fills with silt, etc. behind the dams. These
dams would be constructed but there would be „ maintenance on this area
in the future, just a there would not have been any on the original creek
location.
2. Place deed restriction on the remaining 0.7 acre of wetland on my property so
it cannot be filled, etc. Should 1 sell the 0.7 acre to two or more people
(which is very possible based on where it lays) most or all of this remaining
wetland could be destroyed since by law one-third of an acre of wetland can be
filled by each person without any permit.
Based on the fact that I g ilied 0.86 acre of wetland and could have filled 0.33
without any permit, only 0.53 acre really required a permit. By placing the rock
dams in the creek, approximately 0.3 acre of the 0.53 acre will again be wetland and
by protecting the 0.7 acre of existing wetland, more wetland will continue to exist
long term than may have had I never moved the creek and created this situation.
I feel that my willingness to do the two things outlined above shows that I am really
trying.
b0 39ad C160J S000M 63N3I0 99ZT966OT6 LZ:bO 066T/OT/00
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Mr. Dorney, however, although talking with me in a tone of "trying to work the
situation out" clearly states in his last letter (Attachment i#3) that he wants = less
than he demanded in his original letter---in fact, he now wanW WaLLI
According to him (a fact that, as I said, several people question) his first letter would
require me to place wet ponds on my development. Now, in his last letter, not only
are ponds required as one of his options but deed restrictions on the remaining
wetland area required,
When I called him concerning the three options in his last letter, I mentioned that
instead of the situation getting better, it was getting worse. When I pointed out
that now, not only did he want a wet pond but also wanted deed restrictions, he said,
"We do that all the time." But when I repeated that this was worse than before, he
replied, "I guess I should have put it in the first letter." This is just another example
of the lack of clear, consistent procedures and the fact that their assumed or factual
bureaucratic authority is arbitrary, abusive and excessive. -)(-
I feel that, from the beginning, I have acted in good faith and followed the law to the
best of the information given me (us) by DEHNR. I feel that DPHNR has acted
inconsistently, arbitrarily, incorrectly and incompletely. I believe that my
willingness to do the two things mentioned above shows that I am trying to offset
any environmental damage I may have unknowingly caused but that based on the
options in Mr. Dorney's last letter, he accepts no responsibility for any of what has
happened. Actually, based on the facts of this entire situation, they, not L should
take total responsibility for what has happened.
Again, since I am environmentally conscientious, I will do the two things listed
above so we all can get this matter behind us and move on to other things.
90 30Vd (160J SQOOM 63N3IO 99ZZ9660Z6 LZ:bO b66t/bt/b0
Aug-13-96 09:32A call4hon survay .910- 996-8625 P.02
,...
co

rte' ?.
77.
?. A
DHPARTNV,NT OF
--
HEALTH. AN n
NATURAL RESOURCES
JMKESS B. HUNT. JR..
GOVERNOR
JONATHAN B. HOWES,
5EC'RB!',gRY, DEHNR

3 y'i
1
D
_ A
. , : .• Nt
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90 39Vd (kJOd SQOOM a3N3I0 99ZT9660T6 LZ:bO 7662/7Z/70
±U-9-13-96 09 s 3?.A ca l l ahan surv
North Carolina
3A
Environmental Permit Directory
1514 Wtion
STATE'
?! * ^F?SL 12. 11
CSSE QUAM
PREPARED BY
THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
OFFFICE OF ENVIRONMENTAL EDUCATION
Post Office Box 27687
Raleigh, North Carolina 27611.76$7
James R. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven 7, Levitas, Deputy Somta y --
- 996-6625 P.03
L0 39V8 (160A SQOOM Zf3N= 9HT9660T6 L?7,:170 1766T/bT/t?0
Aug-13-96 09:32A ca l l&han sur-vay 910- 995-8529 P.04
WL-CE&LiFricATION Q9
Type of Project: Any person engaged in an activity which may result in a
discharge tv navigable waters, defined a$ waters of the
Unitod States, and requires a federal permit mull, obtain a
certification that such discharge will be in compliance
with applicable state water quality standards.
Authority: North Carolina General Statute 143, Article 21, Part 1.
Regulations: 15A NCAC 2B.0500 ..0502, VW
15A NCAC 2B .0109 and.0201(b).
Requirements: Application shall be fled prior to project initiation with
the Division of Environmental Management, Water Quality
Section. Ana lication for a Corps of nzinsan i Section 404
i 's considered dS an a cation for a water quality
certification. The applicant must send an application to the
state for initiation of the eertitlcation process. Project descrip.
lion, nature of discharge, and maps are among the docutnenta-
tion which is requinad. Public notice is issued sit least 15 days
prior to proposed final action and a public hearing may be held.
Sets of Plans: An application package i0 available from the Division. Thai
originaI and one (1) copy of the application for certification
must be submitted.
Process Time: 130 day regulatory limit, normally 45 days.
Public Herring: A public hearing is not required but may be allowed at the
discretion of the Director.
Fees: Not applicable.
Permit Duration: Not applicable.
Contact: Approptiate Regional Office, or
Division of Environmental Management
Water Quality Section
Post Office Box 29535
Raleigh, North Carolina 27626-0535
[phone]
FAX [phone]
93

eO 3Odd T60A SQOOM N3NMO 99ZZ966OT6 LZ:tO 066t/bt/b0
0527/96 13:06 9109961266 P. 001
Stag of North Carolina -TV IN
Department of Environment,
Health and Natural Resources 4
6vielon of Environmental Management A;k
James B. Hunt, Jr., Governor
Z?Z
Jonathan B. Howes, Sea tary N
A. Preston Howard, Jr., P.E., Diredor
,I
l+riay 13, 1996
rmsy Coos"
DEW hoj" # 964165
APPROVAL of 601 W29ar QaaUt7 Certifk> OM Aad ADDM4N GcttlDhr ONS
Mr. PKII
You have out aPPaovd to M" $11 Its 0.85 sass .vma for the PWP= of real =dm a mm
cM=d at Clever VWd, as You described m your aPpllM" dated May 1996. After mWwinS ym
appllcadan, we have Bedded drat ft fill fa emend by Gsaaal Wster Quality Cw ir4oj a Nvmbw
2611. Ub a6tatiMIOn allows You to um Natbewide POrmit Ngmber 26 whoa k b hued by the Cape
OfEnNiMML
aiPmd is Only valid for the PUPoso and deaiga that you dtxc IW in y0a V *Aim if you
chlops yow projec4 you must notify ut sod you My be rpukW to send w * new epplloatlon. For thb
gw vd to be Valid, you tang follow the cots dow Zo i?O the atteched cardfloaoo. AddIdaKW
wn4a DEM approval U requited ter a wet detsation pool. Such a pica "U be attbmiad a MM
wttNA three Rx Mahs of the doge of the IMW, In Addition, you sbonld Set any other reftW. 8" cc I"
permim baton you go sltsad with yaw projeat
If you do not aooept any of the ccndltioae of this owfificadon. you gW ask for a act
homing. Your mwt tot wiOdn 60 days of the dare gigot YOU Reeve this Imm. To Uk !br a has&%, letfd
a written petition which caafetMs to Chsptar 150B of the North CU01ha Goneral 3tttttu?t to the Office
of AdminbmWve Rari 4m P.O. Bo: 27447, RAWO, N.C. 27611-7417. Ibis o?icadon W4 its
comdit = M Rawl sad blttdittg colas you salt for a bow*.
This 0= 008 the xview of the Aivis QG Of 8nviroomcatal Maas8etneng under Seance 401
of rho Clash Wader Aet. If YOU have NOY gtte OM, please IdePbotea Jdm Damlr AL 919.733.1786.
t'r'tenec heed (?r' •?
P.Q. BU 1Q69
1Gaenatnv
ilk, NC 27713 ? ? L•?
I7?eAr Mr. Cisrrsr:
Siaoee+ely,
Howard, Jr. P.B.
Ataebpnst?t
Cam at 8aibeocs RabiSh lrisld C>gke
Winslo flown Dam Reload Off x
Mr. jam DW"
COW4 NU
9b0165.hr
EmrlionAn EtUW OM*riu ?Ml? diva AcdOn Smploysr - W% MW* W 0% port ottnw? MW p"r FAX x739-pDSt1
cc: WilmiuM District C7oe1w of EnSW=
60 39Vd G?JOA SQOOM 63N3IO 99ZT9660T6 LZ:00 b66T/t7T/b0

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORD'S OF ENGINEERS NATIONWIDE PERMIT NUM &H 26 ( HEAnW.
This General Certification is issued in conformity with the
requirements' of Section 401, Public Laws 92-500 and 95217 of the
United States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that axe not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi-
neers-regulations (i.e., Nationwide Permit No. 26). The category
of activities shall include any fill activity in,these headwaters
and isolated wetland and water areas where the acti.v?ty results
in the loss or substantial modification of not more than 10 acres
of waters of the United States, including wetlands. This
certification replaces Water Quality Certification Number 2176
issued on November 5, 1987. ,
The state of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill o- substantial modification of greater -than
one-third of an acre o= such waters, including wetlands,
requires a written concurrence frci;n the Division of Er_vi-
ronmental Management.
2. Proposed fill, or substantial modification of equal to or
less than one-third of an acre of such waters, including
wetlands, does not require written concurrence from the
Division of Environmental Management.
3. Proposed fill o= greater than one acre in SA, trout,
HQW, ORW, WS-1 and. WS-II watersheds requires public
notice and an individual 401 Certification from the D7ivi-
sion of Environmental. Management;
4. That established sediment and erosion control practices
are utilized to prevent violations of she appropriate
turbidity water quality standard (50 NTUs in'streams and
rivers not designated as trout waters by DELI; 25 NTUs in
all saltwater classes, and all lakes and rese,voirs; .C
NTUs in trout waters);
5. That additional sate-specific conditions may be added to
projects with creater than one-third QE an ac,-e impact
which are proposed under this certification in ordex :;a
ensure compliat:?:e with all applicable water quality and
rf.rluent; standa;:ds;
6. Mea:?ures Shall be taken to prevent live or a resh
concrete from coming into contact with waters of the
state unt:il the conca:erc has hardened.
7 . C,:ol1t?U]:J:01100 from DEN this geZt.i ficat ir.)n Rppl i ps to :r.
11'1Cj:LV.l.Cjl1ri?. projlcCt;. shall e>!pit:e Uhrec Y(O-ar:5 ?zarr, ll?r_: clat.c,
0 T 39Vd (kJOd SGOOM N3NMO I 99ZT966OT6 L3:VO V66T/bT/b0
NC DEM WO ENVSCI rax:919-733-9959
I.
State of North C ' r. llna
Deoctrtrt o t of nvlronr. ent,
Health and: N ed( Resources
James B. Hunt; Jr., Say"&
Jondfh'an B. HOwes: 9oocstnry . .
5tev*m:J, lovlt6C Deputy Secretarv
Oct 21 '96 9:29 P. 01/03
A74 . • - IV.
WA OL
EE
DA'CL: j(D=
Division of Water QuaAty ?,2 f?jUt
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N,C. 27607
FAX:[phone]
FAX'Tb: FAX NUMBER; U - //
FR.C?M:
PHONE: ?? ? ? 3?. t
No. PAGES INCWDING THIS tHEET:,
?e?d a cn?, gal ?r? ?? a?J ?!-

TT 3OVd G60A SQOOM 83N3IO
i
99ZT966OT6 LZ:bO 066T/bT/b0
NC DEM W MIXI Fax:[phone]
;State of North Carolina
Department of Environment,
Health end atural. Resources
04VIsbn of W.Oter' Witty
JM mes R. Huat,:?., Goyemor
Jonsth*6 IX' Howes, Secretory
A. PiisW HoWard, Jr., P.E., Gimctor
Mr. ParuT. Cioner1
Ciener Ford
P . Q . Box 10'69
xernersvi'lle KC *272.85
Dear Mr. Diener:
Oct 21 '95
E>
October 21??111996
9;30

f '
P. 07/03
F1
FtL St.ornnwate.r, m*, nagerm.zm plans
Shf6lde ,Road; Suai.ness Park
DWQ a 460:49.9
FOrsyth.`County
Tile diet+usaions cor%eerning eto.Lmwater, mattagemexxt. for this
project haVe'reachfi the point that I believe that & Letter which
ouz.line,s the optigna you ,have in order to meet the'ao.nOitions of
the 401 Cartiti-cation may be helpfik in .order to conclude these
diacue6ibr?s..` The .purpose of ,this letter is to- liot.!th#e options
in orde. to.heap being a,mutural.ly fact ow reeolutign to this
matter, After you and 'Mr, ' Pricker jive rev. awed thes4'options, .
please call.me to diacuss th' if they'are ancleer. ;Arsy of these
options would be..`satis;factory to the Division 'in order to comply
with the Certification,
option 11:' Co'istruct two check dams in the relocated
channel as
proposed but construct- them put of concrete rather t3t4r?i es rock
check dame:. Tse rock check dams act as leaky waii.& 'rather than
pd6d'i.nq''permansr3t; :waster , This' results in g lowering; of- the
trapping efficiency to,around 494. As you know, the 'normal
des,: qn criteria; ;for '-stor=mater ponds is 85% removal of ,2SS, Tho
pisrmanent pvc.l e; -that wniti d xresul:t from the . concrete'. 0i ns will,
raise their removal efficiency but probably not to the 95% level.
in &ddit#:on the ponds wil?:neod to be deepened by abbot one foot
or tai ,e.d :by 'ab&tt'ona foot to increase the etfieneyi:c.loser to
the $5 -;itanddrd',.., in hdditiort, deed restrictions oa.''thb wetlands
downslopi:bh your..property will be,?Ihesded to compensate' for the
lower remo* al efficiency, Finally, th& new,: runoff erln be directed
to fZow,dirvct?y into the wet.,?.and 41. a. stillino basin acid flow
spreader device. :are `conatruc..p .in,:rionwetland areas ? 81cpe in
Erwjmffln MWI 8d*W SrMrrott 4401 Moody GeNc Road RWWO, Nook CariAna 27607
TOWO. . sts!-7?34q@0 -FAX 0 73*-Mg
MftWU4W%i8pr/1Mna .IwNftnEi1M%W i. raera+rPto140 ,A MP+?
ZT 39Vd G?JOd SQOOM 63N3IO 9KT966016 L7,:b0 P66T/hT/b0

NC DEM WO ENVSCI Fax:919-753,9959 Oct 21 '96 9:31 P.03/03
I.
order to .d seiGpete the energy, to not erosive velocit'iea . A
maintenante:piFan. would "Od ;v be provided to ,tpwQ for the ponds
and 85 i 1 L? nq basiin in order t-o ensure that they wi l bie kept in -3
functioning. state.
Cptfoa D: Construct the two: rock check dams but. inorsome their
volume to aVprox,#:mate2y twig the pl.annsd ; volume. by` deOpenf ng the
channel .. or wi.deni:ng,tha channel by Cutting into the reerntly
filled buildirsg..pads. This dhange will increase the trapping
efficiency,of the dams. They could still be constfOated of rock
rather than concrete and wqul;d therefore serve as Xeaky weira.
The incre?a*® in volume would compensate for the SaSiS e,ficient
deei,ga of the:' leaky weir. The deed restrictions pn, 'the downsl.ope
wetlands would;ot'il,l be needed as would a stilling 'basin/flow
spreedet device for the onsite runoff. Again, a Maintenance plan
would no" to 'be provided to-DWQ for the ponds and stilling
basin.
Option C: const * ruct. a permanent we,.t detention pond;:on high
ground,(i:.e. 'dog into the existing.buildinq pada 'on site) to
treat the .new,r0off. generated by rata development. ,This pond
would, have to be: designed to ;;moat tie 05t TOSS remoAl ; standard
but would it ,treat offeite runoff;,':.; A, deed re$tricti'04 on with
dawnslopa 'wetle?nds would still be needed to pr Ptect Ab}aotts Creek
and its-water supply uses from the,.affsite runofE.,,A maintenance
plan would be need for the detention pond.
Plmaae`revilow ;these options. Y believe that any of these
Options would `allow ups to resolve thia matter so you:cOn proceed
to dbvelop.the^buslnesa park while protect.ino downstream water
quality I -car: ;.be reached at 919-733-178.6. if you have 'any
puestion$.
Si rely yours,
ohn norney
water Quality.certifica n'Program
ciener.ltr. CC: Ron 1.invil:le;. Winston-Salem Dt Q Regional office Bradley;Bennett
Brent: MGDonala.
Jerry. Parker, Callahan Surveying
Central : ri.103
I
i ?
i I.
6T 3Vd G60A SQOOM 62N210 99ZT9660T6 LZ:bO b66T/17T/b0
Division of Water Quality
December 4, 1996
MEMORANDUM
To: Regional Water Qua ' y Supervisors
From: Steve Tedder
Subject: Communications with Division of Land Quality staff regarding wetlands
?? v9y ???GF
b J?.
i?
I believe that it would be useful if you could continue to talk to your Regional Land Quality
counterpart to remind them and their staff that 404 permits and (especially) 401 Certifications are
needed when impacts to wetlands or streams are planned.
We have recently had a project in the Winston-Salem Region where a developer was apparently not
told by DLQ staff that a 401 Certification would be needed when he contacted them regarding a
Sediment and Erosion Control Permit. Since DWQ and DLQ are in the same Department, many
individuals in the private sector regard contact with either of our two Divisions as the same.
Thank you for your help. Please call John Dorney at 919-733-1786 if you have any questions.
cc: Rep. Nelson Cole
Linda Rimer
Charles Gardner
A.Preston Howard
Harlan Britt
John Dorney}
P.O. Box 29535. Raleigh. North Carolina 27626-0535
Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/10% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., G ove mor
Jonathan B. Howes Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
October
6? '
[4 J
000% 00"4
E3 EHNR
21, 1996
'i
RE: Stormwater management plans
Shields Road Business Park
DWQ # 960499
Forsyth County
The discussions concerning stormwater management for this
project have reached the point that I believe that a letter which
outlines the options you have in order to meet the conditions of
the 401 Certification may be helpful in order to conclude these
discussions. The purpose of this letter is to list these options
in order to help bring a mutually satisfactory resolution to this
matter. After you and Mr. Parker have reviewed these options,
please call me to discuss them if they are unclear. Any of these
options would be satisfactory to the Division in order to comply
with the Certification.
Option A: Construct two check dams in the relocated channel as
proposed but construct them out of concrete rather than as rock-
check dams. The rock check dams act as leaky weirs rather than
ponding permanent water. This results in a lowering of the
trapping efficiency to around 49%. As you know, the normal
design criteria for stormwater ponds is 85% removal of TSS. The
permanent pools that would result from the concrete dams will
raise their removal efficiency but probably not to the 85% level.
In addition the ponds will need to be deepened by about one foot
or raised by about one foot to increase the effiency closer to
the 85% standard. In addition, deed restrictions on the wetlands
downslope on your property will be needed to compensate for the
lower removal efficiency. Finally.the new runoff can be directed
to flow directly into the wetland if a'stilling basin and flow
spreader device are constructed in;.nonwetland areas upslope in
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity AftimwM Action Employer WY. recydedM0% post consumer paper
order to dissipate the energy to nonerosive velocities. A
maintenance plan would need to be provided to DWQ for the ponds
and stilling basin in order to ensure that they will be kept in a
functioning state.
Option B: Construct the two rock check dams but increase their
volume to approximately twice the planned volume by deepening the
channel or widening the channel by cutting into the recently
filled building pads. This change will increase the trapping
efficiency of the dams. They could still be constructed of rock
rather than concrete and would therefore serve as leaky weirs.
The increase in volume would compensate for the less efficient
design of the leaky weir. The deed restrictions on the downslope
wetlands would still be needed as would a stilling basin/flow
spreader device for the onsite runoff. Again, a maintenance plan
would need to be provided to DWQ for the ponds and stilling
basin.
Option C: Construct a permanent wet detention pond on high
ground (i.e., dug into the existing building pads on site) to
treat the new runoff generated by the development. This pond
would have to be designed to meet the 85% TOSS removal standard
but would not treat offsite runoff. A deed restriction on with
downslope wetlands would still be needed to protect Abbotts Creek
and its water supply uses from the offsite runoff. A maintenance
plan would be need for the detention pond.
Please review these options. I believe that any of these
options would allow us to resolve this matter so you can proceed
to develop the business park while protecting downstream water
quality. I can be reached at 919-733-1786 if you have any
questions.
Si rely yours,
ohn Dorney l
Water Quality Certifica n Program
ciener.ltr
cc: Ron Linville, Winston-Salem DWQ Regional Office
Bradley Bennett
Brent McDonald
Jerry Parker, Callahan Surveying
Central Files
State of North Carolina
Department of Environment,
•
Health and Natural Resources T4
QWX
Division of Environmental Management
James B. Hunt, Jr., Governor AdOMMOdOftOlUk
Jonathan B. Howes, Secretary p F= H N F1
A. Preston Howard, Jr., P.E., Director
May 13, 1996
Forsyth County
DEM Project # 960i*6-
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
960499
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285 l
Dear Mr. Ciener.
You have our approval to retain fill in 0.86 acres waters for the purpose of relocating a stream
channel at Ciener Ford, as you described in your application dated May 1996. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps
of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. Additional
written DEM approval is required for a wet detention ond. Such a plan shall be submitted to DEM
within three months of the date of the letter. addition, you should get any other federal, state or local
permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
qre ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
960165.1tr

Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper
9 6 13499
NCDEH&NR
To: John Dorney
Through: Steve Mauney
From: Allan Smith 00
Subject:
Date:
Paul Ciener Ford - Forsyth County
960430
l iFc:;
04'*"Ty< 96
sc/r??rs
A site visit to Paul Ciener Ford in Kemersville was conducted on April 19, 1996
for the purpose of inspecting a land disturbing activity and the non-permitted relocation of
a stream. Approximately 20 acres had been cleared and about 1000 feet of stream had
been relocated to the far edge of the cleared property.
It is the opinion of the Winston-Salem Regional Office staff that permanent wet
stormwater controls should be incorporated into the construction activities associated with
the expansion of the car dealership. The increased impervious surface of this facility will
contribute to stormwater runoff and possibly increase the amount of pollutants that enter
the stream. The relocated stream may provide an appropriate area for stormwater
retention but a detailed plan should be developed for the site and approved by DEM
(WSRO staff would like to approve the plans as well).
During the site visit, few stormwater controls were in place and some of these did
not appear adequate. There are wetlands located below the construction site which
should remain undisturbed and protected, i.e. no basins should be allowed in this area. All
stormwater from this site should go through a stormwater detention basin before it
reaches the stream and/or wetlands.
(F.Y.I. - Abbotts Creek below this site is Class WS-111 and has been channelized and
riprapped extensively by the Town of Kemersville according to John Thomas (COE)
without any approvals.)
If you have any questions, please do -not hesitate to contact the WSRO.
CC: Central Files
WSRO
),t? ?q' I
IL t??? ?? t I E ?!
Note for Jimmie Overton ,??e
From: Jimmie Overton
Date: Thu, Jan 2, 1997 12:07 PM
Subject: RE: KERNERSVILLE PROJECT
To: Steve Tedder
I'll do it.
1?-,
r

Page 1
?--
11?1dv I ?' C'itkQ
? v,s??Q-fill
1
From: Steve Tedder on Thu, Jan 2, 1997 11:35 AM
Subject: RE: KERNERSVILLE PROJECT
To: Jimmie Overton

LOOKS LIKE MONDAY. WHAT WE HAVE FROM LQ IS NORMAL BEAURACRATIC
BS. THAT WILL NOT HELP. I KNOW THE CONSULTANT SHOULD HAVE k, oS
KNOWN, BUT THE FACT THAT OUR SISTER AGENCY DID NOT ADVISE HIM
WILL HURT US. JUST GET BACK TO ME ON THE OTHER MONDAY MORNING.'
THANKS
From: Jimmie Overton on Thu, Jan 2, 1997 11:20 AM
Subject: RE: KERNERSVILLE PROJECT
To: Steve Tedder
Cc: John Domey
pcok
John Thomas will not be back until the 6th. John did get up with Gray Hauser (Land
Quality) and he said he informed them in Nov to contact the Corps regarding a 404 but did
not necessarily specifically mention the need for a 401. the Letter of Approval Dec 4,1995.
for the Sed &Eros control plan says it is "subject to approval of other local, State, or Federal
agencies. This could include the Division of Environmental Management under storm water
or water quality regulations,........"
Can't answer the ? on after the fact, when the 404 until we talk to Thomas. We have copies
of the letter of approval, the civil penalty, and-the enforcement file checklist from Land
Quality, but can't get the COE picture before Monday. Let me know if you want copies of
the Land Quality materials or otherwise we'll try hard to wrap it up Monday.
From: Steve Tedder on Wed, Jan 1, 1997 11:25 AM
Subject: RE: KERNERSVIL.LE PROJECT
To: John Dorney
Cc: Jimmie Overton
•
TRY TO GET WITH THEM ON THE 2ND OR 3111)1' I NEED TO GET THIS
RESOLVED.
From: John Dorney on Mon, Dec 30,1996 1:18 PM
Subject: RE: KERNERSVILLE PROJECT
To: Steve Tedder
Cc: Jimmie Overton
I've called Gray Hauser (DLQ in WSRO) and John Thomas (COE) to gather additional info
you requested. They have not called me back and I'll call them again but given the holidays it
1
Page 2
may be tough to reach them until 6 January. Will let you know as soon as I get up with
them.
From: Steve Tedder on Mon, Dec 30, 1996 7:02 AM
Subject: RE: KERNERSVILLE PROJECT
To: Jimmie Overton
Cc: John Dorney
WAS JOHN ABLE TO FOLLOW UP ON THE ISSUES WE DISCUSSED?
From: Steve Tedder on Wed, Dec 18, 1996 2:47 PM
Subject: KERNERSVILLE PROJECT
To: Jimmie Overton; John Dorney
Cc: Preston Howard
I HVE JUST HAD A LONG CONVERSATION WITH A MR SENTIER(SP) AND HIS
OWN SENATOR MCDANIEL. I NEED TO SET UP A TIME TO GO THROUGH THE
ENTIRE BLEAK HISTORY OF THIS PROJECT. I THINK THIS WAS THE ONE THAT
OUR FRIENDS IN LQ FORGOT TO TELL THE GUY WHAT PERMITS HE NEEDED
WHEN HE GOT HIS SEDMINENTATION AND EROSION CONTRO PERMIT. AND
SINCE THEN HE HAS EVIDENTLY BEEN GIVEN MULTIPLE VERSIONS OF WHAT
HE HAS TO DO. LET ME KNOW WHEN WE CAN MEET .I HAVE PROMISED TO
SEE IF I CAN RESOLVE THE ISSUE BEFORE THE NEW YEAR.
NOTE FOR SWT. 910-996-3700 MR SEINTER
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P.O. BOX 1069 + KERB
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NOTE: SHOULD YOU NOT RECEIVE ALL PAPERS, OR IF ANY ARE NOT LEGIBLE,
PLEASE PHONE [phone] AS SOON A POSSIBLE.
TELEPHONE: KERNERSVILLE AREA 996.3700 • GREENSBORO AREA 273.7438 • HIGH POINT AREA 887.1242
TO 3c!`jd iliGA SQi=o=u'l d3t,G7_ 997. T9GGAT6 L .:hl b6GT/tbT!b0
Summary of Events
After the fact. DEI4NR is requiring me to construct a wet pond on my property on
Shields Road in Kernersville.
I own and am developing approximately 15 acres on Shields Road, After having
graded most of this property, and in an effort to complete the project, in November,
1995, 1 requested Callahan Surveying to obtain for me the necessary permits to
relocate a portion of a creek that crosses the property and fill a portion of the existing
creek bed.
Mr. Gerry Parker of Callahan Surveying talked with the DEHNR office in Winston-
Salem and was told that he needed to contact the US Corps of Engineers and get a
404 permit before the creek could be moved. Therg ivas UR Wl3tiQn g eedin a
$01 certification.
Mr. Parker contacted the Corps and he, John Thomas of the Corps, and I met on the
site. We were issued a 404 permit on December 1, 1995.
Mr. Parker then completed and submitted for approval to Winston-Salem DEHNR /
our erosion control plan to relocate the creek. Our plan was approved as t,a
submitted. Included with Gerry Parker's submission Nvas a copy of the 404 permit
that he was told must accompany the application. No 401 certification was
submitted nor was one requested bjr DEHNR prior to their approval of the 12roject. f?'ll
On February 20, 1996, I received a fax from v?
? ? o,? ? .(?
Mr. John Dorney, Raleigh DEHNR, requesting the filing of an application for a
Section 401 certification,
I immediately called Mr. Parker at Callahan Surveying and asked what this was and
whether I needed to complete it. He told me that he didn't understand why I should
need to based on what lie had been told by Winston-Salem DEHNR---we had done
all that we needed to do. He also sent me a copy of a page from a DEHNR manual,
"Environmental Permit Directory" (Attachment #1) which states, "An application Ail/
for a Corps of Engineers Section 404 permit is considered as an application for a
water quality (401) certification," r
I had to go out of town so I had my Office Manager call Mr, Dorney and tell him that
I would complete his forms as soon as I returned.
Upon returning in early April, I spoke with Steve Kroeger at Mr. Dorney's office
about the forms Mr. Dorney had requested I complete. I told Mr. Kroeger that the
the creek had already been moved, He said he understood but that I still needed to
submit the forms. I completed them and sent them to Mr, Dorney.
'_•9 ?n`,'d Q?Ci9 Qi=infl ?J?1l?I=i +97T9660TF !i.:bA b55I,/bl/h13
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In early May, 1996, rohn Dorney called me. He said he knew that I had completed
the moving of the creek but was calling to tell me that he had approved my 401
application. He J= told me that since I had moved the creek he had the"thority
to require a wet water detention pond on my site and he was going to require one,
I told him that this site was grandfathered under the watershed regulation. He told
me that his authority was outside of the watershed regulations. I then explained
that I had gone to a lot of trouble and expense to get the property grandfathered so I
would not have to have ponds and that if I had known that I would have to build a
pond, I never would have moved the creek.
I told him that Winston-Salem DEHNR had given me a permit to move the creek
and asked him why they had not told me that I needed a 401 certification when I got
that permit. Mr. Dorney replied, "We've had problems with that."
I then told him it was not fair for me to be the one who has to suffer when his office
in Winston tells me I need a 404 but not a 401 and gives, mg a hermit to do the work.
They made me give them the 404 permit before they would approve the grading
plan---why didn't they also require the 401 certification if it was necessary?
Mr. Dorney was not receptive to any of my cornments; he just said that he was going
to send me his 401 approval letter with the requirements for the wet pond.
Since I thought I knew what Ns letter of Maur 10, 1996 (Attachment 92) was to going
to say and was extremely upset with the sequence of everts and lack of proper
direction from DFHNR, I did not read Mr. Dorney's letter precisely. However,
when it was read by several other people who did not have any preconceived ideas
about the situation, they felt the letter said:
Paragraph 1 states approval of relocation of stream.
Paragraph 2 states that approval is on . for my application as designed . That,
should I change the project, a new application may be required and for ?t
approval to be valid I must follow the there-attached conditions. It was further
understood that additional approval is required for a wet pond, if one was
?U= so required.
Nowhere in his letter of approval does it ?JgaglX,state that the approval of the
application to fill 0.86 acres was subject to the requirement of a wet pond.
If 1 had not talked with Mr. Dorney and had understood his letter as several others
have, I would have been, in an even worse situation for I would have thought
n-
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-3-
everything was okay with my present project so long as I didn't make any changes
and would have missed the date for an adjudicatory hearing--which I have now
requested!
Whether Mr. Dorney's letter is clear or not, I feel it was very unfair and
unreasonable for a state agency to specifically tell my engineer that I needed a 404
permit (but not a 401), write a manual for the trade that states a 404 application is
considered an application for a 401, give me a permit to do the work with a 404
permit attached but not a 401, and thej evert remotely expect-= to suffer the
consequences.
It should be reasonable to expect DEI NR to do its job i c and completely
before they should be allowed to require a citizen to go to extra effort and expense,
I request the removal of any requirements on this site as a result of my relocating
the creek.
Though I strongly feel that the problem was caused by DEHNR's failure to do its job
properly, I am very environmentally conscientious and in an effort to try to resolve
the situation, I have met with Mr. Dorney and have offered to do two things:
1. Construct two rock dams in the relocated creek to slow the creek thereby
creating a wetlands type area as it fills with silt, etc. behind the dams. These
dams would be constructed but there would be a,maintenance on this area
in the future, just a there would not have been any on the original creek
location.
2. Place deed restriction on the remaining; 0.7 acre of wetland on my property so
it cannot be filled, etc. Should 1 sell the 0.7 acre to two or more people
(which is very possible based on where it lays) most or all of this remaining
wetland could be destroyed since by law one-third of an acre of wetland can be
filled by each person without any permit.
Based on the fact that I gLly _filled 0.86 acre of wetland and could have filled 0.33
without any permit, only 0.53 acre really required a permit. By placing the rock
dams in the creek, approximately 03 acre of the 0.53 acre will again be wetland and
by protecting the 0.7 acre of existing wetland, more wetland will continue to exist
long term than may have had I never moved the creek and created this situation.
I feel that my willingness to do the two things outlined above shows that I am really
trying.
hA 39 d G?JO-? SQOOii a3,131-) 997- T966GT6 LZ :bn t,66T/bT/t70
-4-
Mr. Dorney, however, although talking with me in a tone of "trying to work the
situation out" clearly states in his last letter (Attachment #3) that he wants &s less
than lie demanded in his original letter---in fact. he now wanW?x Qu,
According to him (a fact that, as 1 said, several people question) his first letter would
require me to place wet ponds on my development. Now, in his last letter, not only
are ponds required as one of his options but deed restrictions on the remaining
wetland are also required,
When I called him concerning the three options in his last letter, I mentioned that
instead of the situation getting better., it was getting worse. When f pointed out
that now, not only did lie want a vet pond but also wanted deed restrictions, he said,
"We do that all the time." But when I repeated that this was worse than before, he
replied, "I guess I should have put it in the first letter." This is just another example
of the lack of clear, consistent procedures and the fact that their assumed or factual
bureaucratic authority is arbitrary, abusive and excessive, -X-
I feel that, from the beginning, I have acted in good faith and followed the law to the
best of the information given me (us) by DEI-INR. I feel that DEHNR has acted
inconsistently, arbitrarily, incorrectly and incompletely. I believe that my
willingness to do the two things mentioned above shows that I am trying to offset
an`, environmental damage I may have unknowingly caused but that based on the
options in Mr. I7orney's last letter, he accepts no responsibility for any of what has
happened. Actually, based on the facts of this entire situation, they, not L should
take total responsibility for what has happened.
Again, since I am environmentally conscientious, I will do the two things listed
above so we all can get this matter behind us and move on to other things.
So 31711)4 QJ03 =;Qi_u=i '3H3IO 99?T9660 TF ?7, :ho h66T/bT/too
Aug-13-96 09:32A c4ll4h4n survey 910- 996-8625 P.02

• ?r? :' i rf??r"?i'

UePARTML''rr OF
ENVIRONMENT,
HEALTH. ANn
NATURAL WOURM
JAAMBS B. HUNT, JR•.
()QVERNOR
JONATHAN 3. HOVrES,
5ECRB TARY, DEHNR
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"u-13-96 09:32Q callahan surrv
North Carolina
31j
Environmental Permit Directory
1594 Wtion
?µE $TA7k ?
40
?phIL i2, I ?c
?sf QUAM
PREPARED BY
THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOUKCES
OFFFICE OF ENVIRON-NMNTAL EDUCATION
Post Office 13vx 27687
Raleigh, North Carolina 27611.7687
Jaynes B. Hunt, Jr„ Governor
Jonathan B. Hawes, Secretary
--- Steven J, Levitas, Deputy Secretary - --
910- 996-8625
L0 ?99-vd Q8Od ri?7ii ;?J3N3I , 99Z.T9GG0TG bGGT/bT/b9
Aug-13-96 09:32A ca l Iaherl survey 9107- 996-8625 P.04
A-OL.GER:LiFICATloN U/q
'T'ype of Project: Any person engaged in an activity which may result in a
discharge iv navigable waters, defined as waters of the
United States, and requLms, a federal parmit must obtain a
certification that such discharge will be in compliance
with applicable state water quality standards,
Authority: North Carolina General Statute 143, Article 21, Part 1.
Regulations: 15A NCAC 2H.0500 • .0502, and
15A NCAG 213 .0109 and.0201(b).
Requirements: Application shall be filed prior to project initiation with
the Division of Environmental Management, Water Quality
Section. Anapplication for a Corps of Enxin=rs Section 404
permit is considered as an app cation for a water quality
certifS? cation. The applicant must send an application to the
state for initiation of the cerrMutlon process, Project descrip•
don, nature of discharge, and maps are among the documenta-
tion which is required. Public notice is issued at least 15 days
prior to proposed final action and a public hearing may be held.
Sets of PIam: An application package is available from the Division. The
original and one (1) copy of the application for certification
must be submitted.
Process 'dime: 130 day regulatory limit, normally 45 days.
Public Hearing: A public hearing is not required but may be allowed at the
discretion of the Director.
Fees: Not applicable.
Permit Duration: Not applicable.
Contact: Appropriate Regional Office, or
Division of Environmental Management
Water Quality Section
Post Office Box 29533
Raleigh, North Carolina 27626-0535
[phone]
FAX [phone]
93
80 39Vd G60A OQOOih ?J31l3I 99c7T9660% Li,:b0 1,66T/t T/t'O
05 727/9 6 13:06 9109961266 P. 001
State of North Carolina
Department of Environment,
Health and Natural Resources `
division of Bnvlronmental Managemeni
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Prsston Howard, Jr., RE, Diredor

may 13.19%
dEM Fromm N 9WI63
Mr. Paw
Cie= FWd
Kammvfl* NC 27245
EMU lam. ?iatte?r:
You have our Amoval to retain nu in 0.86 WN Waten for the pttcporo of rckKattn,S a tittMM
channel at Clew FWd, as yott desm-bed in your ag0kation &W May 19%. Aft mvW??taS your
application, we have decided that ft fill is covered by GenaW Water Quality Certinc4tWa Numbtr
2671. 7114 04tti ation allows you to use N&OAAwitie Formit Number 26 when h is round by the Corps
of Bn;inaars.
This approval is only Yard for rho pu Ww and design that you dckribed in your ttpplicatim If yet
chuge your project, you must notify us and you i uy be uired to and uo a now applloatlan. For this
approval to be valid, you must follow the cotldl60U liskd ?d tM attached. cwtiticatim. Ad didmal
written DEW approval it requIM fcr a wet duatioa pool. Such a" " be mtbmltted 4o Mm
within Om moo ft of the date o[ the low. In addlOW, you should got any odtrer federal, state or wad
permits bd?fom you go aMW with 7? Imj?
If you do not meept any of the cm d d as of this certification, you may uk for an ttt udkwAxy
hearing. You moat act within 60 days of the daro that you rnedYe thin letter. To ask far a hearing, W4
a written petition which cmforms W Chapter 150B of the Nut Carolina General Ststm to the O(&A
of Adminbawtive Hewiogs, P.O. Bo: 27447, Ralai86, N.C. 27611-7"7, The cxcUCcadon and Its
coodidm w Pawl and bi Wkq w1csa you &* for a hearing.
This letter c the review of the DivWm of Environmental Mar? aSeooettc MAN Semi= 401
of the Clean WN A If you have any 411091004, pietse telophona John Da my at 919.733.1786.
APPROVAL of 401 wadi' Qa&Uty Certi kA t a Itbd .ADDMONA,iy CONDMONS
P.O, BM 1064
Siticbt+ely,
Howard, Jr. P.B.
Attachglettt
cc: Wilminpm DiWici Corp o!
EnSW=
of $ttsiwprs Raleigh AW44 Ofto
Winsl=4*l o DEM Ropoad Offm
Mr. Join! Don" S _
comes PUN
96DI65,itt
C?
fil9 - -?x?'t?6
EnvironmoNol SaWr w lksmh, 4441 Moody Oem* Rd., PAi*1QN NO 27W7 Toler 919-733.17% FAX r 733-0050
An Equal Oppartunky Aftmativo Action Emp*w • 50% rowaWKI(i 0% post OOAa MW paper
60 29vd QNnJ SCOL-Vi -t13H3I3 9-HT9660I6 «:b9 b66Z/bT/t0
This General Certification is i.ssuecl in conformity with the
recruirements- of Section 401, PutJlic Laws 92-500 and 95217 of the
United States and subject to the North Cazoli.na Division of Frivi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 29 .0109 and .0201 for the discharge of rill mate-
xial to navigable waters and adjacent wetland areas which are
above the headwaters onto wetland areas that are not a wart o=
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi-
neers regulations (i..e., Nationwide Pe=it No. 26). The category
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the acti.v?ty results
in the Joss or substantial modification of not more than 10 acres
of waters of the Uri.ted States, including wetlands. This
Certification replaces Water Quality Certification Nwmnber 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certi_zXcation:
1. Proposed fill or substantial modification of greater than
one-third oz an acre o= such waters, including wetlanc._,
recui,res a written concurrence ir6,n the Division of
ronmental Management.
2. Proposed fill oY substantial modification of equal to or
less than one-third of an acre of such waters, including
wetlands, does not require written concurrence from the
Division of Environmental Management.
3. Proposed fill o= greater than one acre in SA, trout,
HQW, ORW, WS-1 and WS--IT watersheds requires public
notice and an indi ?ridual 401 Certif. cat_` on from the 17ivi--
sion of Envirop_mental. Management;
9. That established sediment and erasion control practices
are utilized tc -prevent iiolations of rho appropriate
turbidity water quality standard (50 NTUs is streams and
rJ'vers not designated as trout waters by =1'- 25 NTUs in
all saltwater classes, and all lakes and reservoirs; _0
NTUs i.ri trout «'aters) ;
5. That additional sate-specific conditions nay be added to
projects with greater r a-J one--third QE an ac --.-e impact
which are proposed unce= this Certification in order o
ensure cornplia-;.:e wl th. all applicable water cuality and
c':fluent standa;.-ds;
6. Measures ,shall be taken -o p evont live o): ; resh
concrete from coming 1^,Lo contact with waters of t;he
!:tat,e unLi:l. tl?c corJc;rc -c has harden(-_,d. from
11'1C?:LV.lCjl1ri?. p1'C%'?CL" sh'c '_'?41)ire L'.hre vp':lf:? _)_0111 'Iat.c
0T 3J)Vd Cid-D3 ?;c7p0ii a3IGI:.' 9KT9660T6 L7_.: b10 b66T/bT/tO
NC. DEM WO ENJSCI Fax: [phone]
{
State- of. North C rQlinc
Q®?crrtrneht,of ,nvlronrnent,
alth an, N cift Resources
He ci:
James I Hunt; Jr., Govsrh&
Jonatt.yan B. Howas: ucrstary
Steven:J, lovlt'cu; Depuiy $Qcretary
Oct 21 '95 9; 29 P. 01/w
1.,In.e
ID '.
DATE: ? `?!
Divislon of water Quality
Environmental Sciences Branch
4441 Reedy Creek Road
Roles-gh, N,C. 27607
FAX:[phone]W
FAX TO: Y FAX NUMBER; i ?U-/
FROK
PHONE:
N.Q. pF PAGES'INCLt10,ING THIS SHEET:

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NC DEM WO CNV$CI Fax:[phone]
'State ot.N Carotlna
Qep ntnent of EnvironmentI
'Hesith and' kuml. Resources
Dtvislon 0 WifCsr amity
Ja M0a 8. Hura, Jar., GGVeMO. r
Jonsthi n: wmweR Secretary
A. P'riston: k W.j,,rdt, Jr., P.E., Director,
October
Mr. Paul Ci*ner
clener. Ford
P.O. box 10'69
xernersvilla, N.C.27285
z;;? 1996
Dear Mr. Ciener:
RL.' StQrmwaiter, management~ plans
Sliieilds .,Road;, Business Park
DWQ:; .916 04 9 9
Fo.rByt2i .'Comity
T1??e diso.us:aions concerning utormirtater managCiCOnt. 4or this
project have reached the poir)t that I believe, that aI letter which
ouC.l.ine.s the options you,have in order to meet the conditions of
the a01..Corti fi'ea.tion may be helpfik in order to conclude these
diaeusaions,.. The purpose q° ,th'is letter is to. lY t..ahe?Se options
in ord$x '. to, heap bring a mutuxall.y rati'rp fact 01;Y resolVtipn to this
matter. After. you and Mr, ' prirker ?'ave reviewed the4? options,
please rzall. me to discuss th4rl if they! are unclear. ' Any of these
options would bee .`satis:factory to the Division in order to comply
with the Certification.
Option 11r Cpnstzuct two check dams in the relocated channel as
proposed but construct th'ern out of concrete rather thane-as rook-
check dams,. TYre. rock check dams act as leaky wairi; 'rother than
pondi.ng 'permanent; water, , Thi' results Ln a< love; Sing' of? the
trapping eft.icie67y to around 49%. As you know, the normal
dew: gn criteria for g4orvwater ponds is 85% removal of.,TSS. Tho
permanent pdola..that woi4d result from the concreta dams will,
raise their removal effic,ienoy but probably not to the 95% level.
in addition the ponds will, ;need to be deepened by abbu.t one foot
or raised by dbout'one foot to increase the effiency 0,1'ser to
the 85* e_t.an. d*rd,,. In sddLtion, deed restrictions on„the wetlands
downslope on your property w.i11 be,.',needed to conpensate' for the
lower.ramoval of€ioiezcy. finally't'he!new runoff Can.bs directed
to flow, d.lractly into the wet~-.and 'f a.? still ino basin and flow
gprQr#tler devi,c'$..'are 'construc. ed gin.,: onwetland areas apslcpe in
Erwle'or?me++t#I9dac1oe+8ra?
e1 9-733.4060
An WWU*MM.O.A.W E"*W
4401 Reedy Crook Read 86100, Noft Car?Gna 27607
FAX [phone]
+n+? ,.gornytoX Vwt a?,m.r p?pw
Oct 21 1%_ 9:30 P. 02/03
'M
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7T 39t•Jd Gal:: SQOOiri ,?3hd3I:? 99 T966?3T6 L7,:bi3 b66T/t T/N3

W DEM WO ENVSCI Fax :919-7:33,9959 Oct 21 ' 96 9.31 P. 03/03
order to .dissipate the energy to n0h erosive velocities. A
maintenance : pl?ail. would need 0o btu provided to b'wQ for the ponds
and, stilLine? bas;ir. in order t?o an$it're that they will .be kept in
functioning sGttte;
Option D: Construct rhe.two: rock check dams but inor.spse their
volume to appr.oximat.ety twice the planned, volumg 1y,j'deepening the
channel . or. widening tee chan.r?el by Cutting into thoi recently
filled buil& nq pads.. This change will increase the:trapping
efficiency? of the dam--j. They could still be construcrted of rock
rather than concrete and would therefore serve as leaky weirs.
The increase'in volume would conVensate for the less:effic..ient
design of the, leaky weir, The deed restrictions Qn,'the downsl:ope
wetlands wod2ld xtil.1 be needed as would a stilling basin/flow
spreader?devzoe fox: the oasits runoff. Again, a maintenance plan
would need.-to be provided to -DWQ for the ponds and. stilling
basin.
Option.Ot Construct a permanent west detention pond:: on :high
ground,`dvq into the existing building pads on,aite) to
treat the new runoff generated by the development. :This pond
Would. have to b? des,igned to :ireet the 85t TOSS removal , standard
but would not tre6t o taite runoff;;';.; A- deed restriction on with
downalops weClands would still be heeded to protect Abk?otts Creek
and itg water Supply, uses. from the .affsite runoff.; A maintenance
plan would be need for the detention pond.
Pleaee`review these options. I believe that any c,f these
options W"Id allow us to resolve this matter so ypu'can proceed
to develop the-busl nesa park while protecting downstream water
quality. I 'can.,-be reached att 919-733-178.6. if you have 'any
questions.
si rely yours,
ohn Dorney
..water Qualxty.Certifica n Program
ciener.ltr.
CC: Ron :,invil.le;. Winstan-Salem DKQ Regional. Office
Bradley: Bennett
Brent MODona ld
Jerry Parker, Callahan Surveying
Central Files
ET 30dd G: jcd SQnCV d?N?3 997_.T9GGOT5 Lc.:tIO b65T/hT/VO
AA?
-60-1 wf'A
a
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Eric Galamb
From: James Ronald (Ron) Linville <n1 ew331 Owsro.ehnr.state.nc.us>
To: Eric Galamb <eric0dem.ehnr.state.nc.us>
Cc: [e-mail]
Subject: Re: Rush message for Dorney
Date: Friday, December 27, 1996 2:36 AM
Please copy and give to John Dorney ASAPM Thanks, Ron
Please have John call me as soon as possible. Will be in the office
until 12:00 today.
Need to discuss Paul Ciener options. We should indicate that we did
coordinate our discussions with Watershed Protection Group and that
they weere satisfied as long as we proceeded with general 401 reqmts.
with small ponds and maintenance. If we do not stick to this, then Ciener may
be open for further action and review by Lisa Marlin's group. If
Ciener does not provide for 401 general requirements then WSP group
may pursue as they have indicated that the site is not exempt. I
told Ciener previously that the WSP group may become involved.
##ar*****##a;;#;ar*a;;wa#w#aww*r#;aa***a;;;**##*;*a#;aa*aarr;aww
Ron Linville 0 WSRO 910/771-4608 x 265
"A land ethic, then, reflects the existence of an ecological
conscience, and this in turn reflects a conviction of individual
responsibility for the health of the land. Health is the
capacity of the land for self-renewal. Conservation is our
effort to understand and preserve this capacity." Aldo Leopold
Page 1
Division of Water Quality
December 4, 1996
MEMORANDUM
To: Regional Water Qua ' y Supervisors
From: Steve Tedder
Subject: Communications with Division of Land Quality staff regarding wetlands
I believe that it would be useful if you could continue to talk to your Regional Land Quality
counterpart to remind them and their staff that 404 permits and (especially) 401 Certifications are
needed when impacts to wetlands or streams are planned.
We have recently had a project in the Winston-Salem Region where a developer was apparently not
told by DLQ staff that a 401 Certification would be needed when he contacted them regarding a
Sediment and Erosion Control Permit. Since DWQ and DLQ are in the same Department, many
individuals in the private sector regard contact with either of our two Divisions as the same.
Thank you for your help. Please call John Dorney at 919-733-1786 if you have any questions.
cc: Rep. Nelson Cole
Linda Rimer
Charles Gardner
A.Preston Howard
Harlan Britt
John Dorney-
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
An Equal Opportunity Afrmna&e Action Employer 5096 recycled/1096 post consumer paper
Note for John Dorney
-----------------------------------------------------------------
-----------------------------------------------------------------
From: Steve Tedder on Wed, Dec 18, 1996 2:47 PM
Subject: KERNERSVILLE PROJECT
To: Jimmie Overton; John Dorney
Cc: Preston Howard
I HVE JUST HAD A LONG CONVERSATION WITH A MR SENTIER(SP) AND HIS
OWN SENATOR MCDANIEL. I NEED TO SET UP A TIME TO GO THROUGH THE
ENTIRE BLEAK HISTORY OF THIS PROJECT. I THINK THIS WAS THE ONE
THAT OUR FRIENDS IN LQ FORGOT TO TELL THE GUY WHAT PERMITS HE
NEEDED WHEN HE GOT HIS SEDIMNENTATION AND EROSION CONTRO
PERMIT. AND SINCE THEN HE HAS EVIDENTLY BEEN GIVEN MULTIPLE
VERSIONS OF WHAT HE HAS TO DO. LET ME KNOW WHEN WE CAN MEET
.I HAVE PROMISED TO SEE IF I CAN RESOLVE THE ISSUE BEFORE THE
NEW YEAR.
NOTE FOR SWT. 910-996-3700 MR SEINTER
Page: 1
Division of Water Quality
December 4, 1996
MEMORANDUM
To: Regional Water r, ' y Supervisors
From: Steve Tedder
Subject: ComillllllicatiOns with Division of Land Quality staff regarding wetlands
I believe that it would be useful il'you could continue to talk to your Regional Land Quality
counterpart to remind them and their staff that 404 per-nits and (especially) 401 Certifications are
needed when impacts to wetlands or streams are planned.
We have recently had a project in the Winston-Salem Region where a developer was apparently not
told by DLQ staff that it 401 Certification would be needed when he contacted them regarding a
Sediment and Erosion Control Permit. Since DWQ and DLQ are in the same Department, many
individuals in the private sector regard contact with either of our two Divisions as the same.
Thank you for your help. Please call John Dorney at 919-733-1786 if you have any questions.
cc: Rep. Nelson Cole
Linda Rimer
Charles Gardner
A.Preston Howard
Harlan Britt
John Donley
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone [phone]
FAX # [phone]
An I'yuaI Oplwmunity AI imtative Action Employer 50% recycled/10'9 txtnt consumer palwr
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FAX TRANSMISSION
LINDA RIMER'S OFFICE
Assistant Secretary for Environmental Protection
51 2 N. SALISBURY STREET"
RALEIGM, NORTH CAROLINA 27604
[phone]
FAX: [phone]
NOV 14 '96 01:00PM EHNR•PUBLIC AFFAIRS
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RETURNED YOUR CALL I r
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Signed
N.C. Dept. of Fnvironment. Health, and Natural Resources
NOV 14 '96 01:OOPM EHNR•PUBLIC AFFAIRS
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8/8E,
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Al 7-1
Y-1 J r
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AIT 0
mom
?EHNFi
October 21, 1996
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
RE: Stormwater management plans
Shields Road Business Park
DWQ # 960499
Forsyth County
The discussions concerning stormwater management for this
project have reached the point that I believe that a letter which
outlines the options you have in order to meet the conditions of
the 401 Certification may be helpful in order to conclude these
discussions. The purpose of this letter is to list these options
in order to help bring a mutually satisfactory resolution to this
matter. After you and Mr. Parker have reviewed these options,
please call me to discuss them if they are unclear. Any of these
options would be satisfactory to the Division in order to comply
with the Certification.
Option A: Construct two check dams in the relocated channel as
proposed but construct them out of concrete rather than as rock-
check dams. The rock check dams act as leaky weirs rather than
ponding permanent water. This results in a lowering of the
trapping efficiency to around 49%. As you know, the normal
design criteria for stormwater ponds is 85% removal of TSS. The
permanent pools that would result from the concrete dams will
raise their removal efficiency but.probably not to the 85% level.
In addition the ponds will need to be deepened by about one foot
or raised by about one foot to increase the effiency closer to
the 85% standard. In addition, deed restrictions on the wetlands
downslope on your property will be needed to compensate for the
lower removal efficiency. Finally.the new runoff can be directed
to flow directly into the wetland if a'stilling basin and flow
spreader device are constructed in',nonwetland areas upslope in
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunky AfBmiadve Ac don Employer 50% recydedM 0% post oonsumer paW
order to dissipate the energy to nonerosive velocities. A
maintenance plan would need to be provided to DWQ for the ponds
and stilling basin in order to ensure that they will be kept in a
functioning state.
Option B: Construct the two rock check dams but increase their
volume to approximately twice the planned volume by deepening the
channel or widening the channel by cutting into the recently
filled building pads. This change will increase the trapping
efficiency of the dams. They could still be constructed of rock
rather than concrete and would therefore serve as leaky weirs.
The increase in volume would compensate for the less efficient
design of the leaky weir. The deed restrictions on the downslope
wetlands would still be needed as would a stilling basin/flow
spreader device for the onsite runoff. Again, a maintenance plan
would need to be provided to DWQ for the ponds and stilling
basin.
Option C: Construct a permanent wet detention pond on high
ground (i.e., dug into the existing building pads on site) to
treat the new runoff generated by the development. This pond
would have to be designed to meet the 85% TOSS removal standard
but would not treat offsite runoff. A deed restriction on with
downslope wetlands would still be needed to protect Abbotts Creek
and its water supply uses from the offsite runoff. A maintenance
plan would be need for the detention pond.
Please review these options. I believe that any of these
options would allow us to resolve this matter so you can proceed
to develop the business park while protecting downstream water
quality. I can be reached at 919-733-1786 if you have any
questions.
qohn rely yours,
Dorney
Water Quality Certifica ' n n Program
ciener.ltr
cc: Ron Linville, Winston-Salem DWQ Regional Office
Bradley Bennett
Brent McDonald
Jerry Parker, Callahan Surveying
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
[DATE:
kTW".WVVA
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Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
I FAX TO: J'?qU ?6 1 FAX NUMBER: I
FROM:
PHONE:
1 NO. OF PAGES INCLUDING THIS SHEET: 1
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FROM 07.09. 1996 0727 P. S
• LEASE PRINT CLEARL? OR TYPE !rr
STAT£ OF ORTII CAROLI\
IN THE OFFICE• OF
ADMINISTRATIVE HEARINGS Z)
(2) 'PMwL i RAJ 1.'U,
Petitioner.
(Your Name) i
PETITION
V.
FOR A
(3) ?DE'HN •D1? ma CONTESTED CASE HEARING
. aeon enr. ; .
(1'hostate Agency or Board abo it which you are )
comolaintnt) )
I hereby ask for a contested cue aring as provided for by O.S. 4$06.13 because the:
(4) has:
name agency
Briefly state facts s owing how you believeyou have beeti harmed by the rate an or board.
dwft..t_ J a _,A. _ ._ , _ - - J!g cy )
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(5) (Check all that apply) Be ause of these tuts, the agency has: ? f'
?deprivcd me of pro tty; l ae 6v
-Ordered me to ted erroneously;
pay a tine or civil penalty; _„_I>likd to use proper procedure; ?J po e a•
otherwise substand y prejudiced my ted arbitrarily or capriciously, or 77
rights, and based on hose facts the agency 111 led to act u required by law or rule.
has exceeded its scat rity or jurisdiction; b??Q MS A pe???s?f' bar r'?Ai?ecQ fo rleld. rho 4 o?'(ItL
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You must mail or deliver a COP to the State Agency named on Ilne { ) of"this form. Please indicate below.
11I
CERTIFICATE OF SERkICE
I certify that this Petition has be served on the State Agency named below by deoositinE & copy of it with the Un_:ed ct#4s
Postal Service with sufficient poste a OR by delivering it to the named a envy.
I
Served on: 71
(l l) CrJ f1? Pi (12) C N i
(name) (agency)
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(address)
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(13) i
your signature)
When you have completed this fo m u ?NI-L-•eS.?TZ mail or deliver the O 1G1\AL and one COPY to the Office of Adminis-
trative Hearings, P.O. Drawer 2744 . Ralei 27811.7447.
H•06 (11191)
? t
***END***
PF DATE: ( 11?-

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr.. Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
A LTX.;WA
49
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Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
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Signed
N.C. Dept. of Environment. Health. and Natural Resources

IMPORTANT
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Signed
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N.C. Dept. of Environment. Health(. an(\d?J Natural Resources
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Department of Environment,
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James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
DATE:
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PHONE:
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October 15. 1996
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville. NC 27285
Dear Mt C ierier
RE Stormwater rnanagernent plans
Shields Road Business Park
DVVQ # 960499
Forsyth County
The discussions concerning storrnwater management for this project have
reached= the point that i believe that a letter which outlines the options you have in
order to meet the conditions of the 401 Water Quality Certification may be helpful
in order to conclude these discussions The purpose of this letter is to list these
options in order to help bring a mutually satisfactory resolution to this matter. After
you and Mr. Parker have reviewed these options, please call me to discuss them if
they are unclear. Any of these options would be satisfactory to the Division in order
to comply witti the Certification.
Option A. Construct twc chuck darns irr the channel as proposed but construct
the darns of concrete rather than as rock check dams. The rock check dams act
as leaky weirs rather than ponding permanent water This results in a lowering of
their trapping efficiency to around 4911%, As you know the normal design criteria for
stormwater ponds is 85% TSS rernovai. 'The permanent pools that result frorn the
concrete dams will increase their removal efficiency but probably not to the 85 "t;
standard In addition, deed restrictions on the wetlands downslope on your
property will be needed to compensate for the lower removal efficiency. Finally the
new runoff can be directed to flow directly into the wetland if a stilling basin and
flow spreader device are constructed in nowetland areas upslope to dissipate the
energy to nonerosive velocities. A maintenance plan would need to r)e provided to
331NQ for the ponds to ensure that they will be kept in a functioning state.
Option S Construct the two rock check darns but increase their volume to
approximately twice the planned volume by deepening the channel or widening the
channel by cutting into the recently filled building pads. This change will increase
the trapping efficiency of the dams. They could still be constructed of rock rather
than concrete and would therefore serve as leaky weirs. The increase in volume
would compensate for the less efficient design of the leaky weir. The deed
restriction on wettands below would still be needed as would a stilling basin/flow
spreader device for the onsite runoff. Again, a maintenance plan would need to be
a?
a
provided to DVVQ for the ponds to ensure that they will be kept in a functioning
state.
Option C, Construct a permanent wet detention pond on high ground (i.e., dug into
the existing building pads on site) to treat the new runoff generated by the
development. This pond would have to be designed to meet the 85% TSS
standard but would not treat offsite runoff. A steed restriction on downslope
wetlands would still be needed to protect Abbotts Creek and its water supply uses
from the offsite runoff. A maintenance plan would need to be provided to DVVQ for
the pond to ensure that it will be kept in a functioning state.
Please review these options. I believe that any of these options will allow us
to resolve this matter so you can proceed to develop the business park while
protecting downstream water duality. I can be reached at 919-733-1785 if you
have questions.
Sincerely yours,
.john t)orney
Water Quality Certification Program
ciener.ltr
cc: Ron Linville, Winston-Salem OWQ Regional Office
Bradley Bennett
Jerry Parker; Callahan Surveying
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
DATE:
FROM:
PHONE:
LT1.8;V'A
-A'
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ID EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
t NO. OF PAGES INCLUDING THIS SHEET:

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f K'V
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
DATE: G
AdMb0IdNftIIdML
ED F== F1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
n FAX: [phone]
FAX TO: I ( rfy ) 1l" ,A \11 I W I FAX NUMBER: I
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 5

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DATE: -- 16?q?
SUBJECT:
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AREA CODE NUMBER exteNeION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
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N. C. Dept. of Natural Resources and Community Pei
NORTH CAROLINA VVIMT MENT OF NATURAL
RESOURCES AND C WWTY DEVELOPMENT
Date 19
To:
From:
Rem rks:
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? Note and file
? Note and return to me
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? For your Information
? Prepare reply for my signature
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Message____

Signed
N.C. Dept. of Environment, Health, and Natural Resources

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North Carolina Department of Enviror
Health and Natural Resources

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G WS REGIONAL OFFICE. Fax:[phone]
Kovert Shaw-R
CYtulford Co.
Rim, 1129 LB
Ph. 715-3050
Restaurant
Suny Co.
Rrin. 521 LOB
Ph. 733-5655
Hamilton Hora
Forsyth Co.
Rm. 622 LOB
Ph. 733-4949
Attorney
I
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Aug 13 '96
Forsyth Co.
Rm. 520 LAB
Ph. 715-3042
Medical Consultant
Burke Co.
Rxt. 1120 LB
Ph. 733-5743
Attorney
Caldwell Co_
Rm, 1119 LB
Ph. 733-5745
Education
11 : 55 P. 01!01
??f
State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes B. Hunt, Jr., G ovemor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
'00n% - 110M
E) FE F=1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: --'21 1
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STATE OF ORTII CAROLI
coUtiTli t,)
(2) 'PHwL (2t` O,f
(Your Name)
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8%"Pana.
(The Stale Agency or Board
complainfn?)
I hereby ask for a Contested cue
07. 07!27 P. 3
PLEASE PRINT CLE_ ARLy OR TYPE
IN THE OFFICE. OF
J ? /?
i ADMINISTRATIVE HEARINGS 4
which you are
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FOR A
CONTESTED CASE HEARING
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Briefly state facts s i
owing how you believe ?o tt have beetl harmed by the state agency or board.)
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(5) (Check all that apply) Se arse of these furs, the agency has:
ydeprivtd me of prop rtr.
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"ordered fie to p,y a fine or civil penalty; _`acted erroneously; iled to use proper procedure;
otherwise substanti r prejudiced my _e*ted arbitrator or capriclousl,; or ?:-7 e ??
rightr, and based on hose facts the
agency -}}led to set as required by law or rule.
has exceeded its art rily or jurisdiction; IO??e me A pe??y+?l bar r'?Ai?e?'to 4OLL 1h o: y &j-1
r,r***w?*********,rw **,r***,r,t,r,rlt,t**,t*,tt.t,t*KK*ll**,tr?r,r.*,r;r,r,r*,e,rw«w,a,cw**w*,r*,r?,. q
(6) DatC: ?? 1 D 1 I Q ?,f?ooal.s tl+A1
(7) Your, telephone number: (9/? 7 L " 3 70 O W ??tQe wf R e
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(8) Print your address: D 0
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? Go n1 sQgwenrc
(9) Prinj your name: LL
(10) YoUr tignsture:
*****w*!r**,t+rrt*,t*** ** w*!tM*!t*r!w«w,t+trr,t+4tt?r' **,t,trr*tr,F,t*,t;*rr,t+t,t,t*.t***,t,t+c,tKt?lt 1
You must mail or deliver a COP to the State Agency named on line ( of•this form. Please indicate below.
1i
CERTIFICATE OF SER?-ICE
I certify that this Petition has bee served on the State AEeney named below by depositing a copy of it with the Uri:ed Stakes
Postal Service with sufficient posts a OR by delivering it to the named si{ency.
I
Served on:
(11> ?ro VJ d
(na
(t1) ?/V?1,Q0nlirrE
(14) This the Ip day of
(1S)
n)ey (I
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19? i
When you have completed this fo m ?ou 11L;ST mail or deliver the
native Heatings, P.O. Drawer 274J7. RalcipFt, 37 27611.7447.
H-06 (11 /9 1)
-? cj? NPR
- (agency)
iNG?, tf?FO I RCA ?ti ?'Ree.?? i?oR.
and one COPY to the Office of Adrnirk.
***END***
,f
VA
U.S. ARMY CORPS OF ENGINEER
WILMINGTON DISTRICT
'(Dp?T
Action ID. 19960115l y z County Forsyth
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent Shields Business Park Mr. Paul Ciener
Address Post Office Box 1069 Kernersville North Carolina 27285
Telephone No. (9101-996-3700
Size and Location of project (waterway, road name/number, town, etc.) Mr. Ciener's fifteen
acre tract located off of Shields Road adjacent to an unnamed tributary of Abbotts Creek, near
Kernersville, in Forsyth County, North Carolina.
Descrintion of Activity
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need t contact appro hate State and local agencies
before beginning work.
Regulatory Project Manager Signature J'
Date December 1. 1995 Expira 'on Date January 21, 1997
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
A section 4u4 tk,tean water ticL, » UO?- iJ-t-r) UWy.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
NWP 26 Nationwide Permit Number.
State of North Carolina
'Department of Environment,
Health and Natural Resources
James a Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
A LT.KWA
r4j
C) EHNI?
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
I NO. OF PAGES INCLUDING THIS SHEET: '?-< I
State of North Carolina
' Department of Environment,
Health and Natural Resources AT44jj- •
Ja mes B. Hunt, Jr., G ove mor
Jonathan R Howes, Secretary
Steven J. Levitas, Deputy Secretary p G H N FI
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
[FAX TO: LYY\1 >-? V%-AA I ? < I FAX NUMBER: I
FROM: I-+ U.'- I
PHONE: (q - 17!;? ? ~ I I
NO. OF PAGES INCLUDING THIS SHEET: 32

State of North Carolina
Department of Environment,
Health and Natural Resources Y •
Division of Environmental Management
Aomft
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N F=1
A. Preston Howard, Jr., P.E., Director
May 13, 1996
Forsyth County
DEM Project # 9601*6-
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
960^.99
Mr. Paul Ciener
Ciener Ford
P.O. Box 1069
Kernersville, NC 27285 f
Dear Mr. Ciener:
You have our approval to retain fill in 0.86 acres waters for the purpose of relocating a stream
channel at Ciener Ford, as you described in your application dated May 1996. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps
of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. Additional
written DEM approval is required for a wet detention pond. Such a plan shall be submitted to DEM
within three months of the date of the letter. In addition, you should get any other federal, state or local
permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
? , " ?c:?-mot
Pre ton Howard, Jr. P.E.
Attachment U \ %
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
960165.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ovemor
Jonathan a Howes, Secretary
Steven J. Levitas? Deputy Secretary
A[4j?EHNR
FROM: (, --
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
cam- ?5
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
?. FAX:[phone]
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IMPORTANT
Date Time
WHILE YOU WERE OUT
of _
Phone
AREA COOF NUMBER EXTENSION 8? ?I
TELEPHONED PLEASE CALL o OC
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message prD?PL/
-
G?1 r f Ge4,PM ? S,fI !lC??r?
Signed ?
N.C. Dept. of Einvuonrnent. Health, and Natural ReSOUrCOS
}
IMPORTANT
To
Date Time WHILE YOU WERE OUT
M ?r lr, Cr,;n
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL ?I
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message-
Signed
N.C. Dept, of Environment. Health, and Natural Resources
? ? ? ,
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NCDEH&NR
To: John Domey
Through: Steve Mauney 41_?
From: Allan Smith 00
Subject:
Date:
Paul Ciener Ford - Forsyth County
960430

A site visit to Paul Ciener Ford in Kernersville was conducted on April 19, 1996
for the purpose of inspecting a land disturbing activity and the non-permitted relocation of
a stream. Approximately 20 acres had been cleared and about 1000 feet of stream had
been relocated to the far edge of the cleared property.
It is the opinion of the Winston-Salem Regional Office staff that permanent wet
stormwater controls should be incorporated into the construction activities associated with
the expansion of the car dealership. The increased impervious surface of this facility will
contribute to stormwater runoff and possibly increase the amount of pollutants that enter
the stream. The relocated stream may provide an appropriate area for stormwater
retention but a detailed plan should be developed for the site and approved by DEM
(WSRO staff would like to approve the plans as well).
During the site visit, few stormwater controls were in place and some of these did
not appear adequate. There are wetlands located below the construction site which
should remain undisturbed and protected, i.e. no basins should be allowed in this area. All
stormwater from this site should go through a stormwater detention basin before it
reaches the stream and/or wetlands.
(F.Y.I. - Abbotts Creek below this site is Class WS-Ill and has been channelized and
riprapped extensively by the Town of Kernersville according to John Thomas (COE)
without any approvals.)
If you have any questions, please do -not hesitate to contact the WSRO.
CC: Central Files
WSRO
04/04/1996 10:24 9109961266 CIENER WOODS FORD PAGE 06
AV .4-1
(1 6' O'All. 9'9
AC"01; ID"
IIMMIC-401 s heM* RagvaW ftv* Ns MWW pansh In:
JOMT FORM FOR
Imirwev is mat ?egnir? Aomm'"ou to the Carps of $nahseers
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?q? D ODOR DIMIM or ? . xswauaarr
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^as¦0? #6?iosi'?R'?p s base p?r1o¦aly to iNd Ibrsas mlw popery? YES I ] NO IA
ummo ir.
10. • H dbntowpwt of sa alwnan afdw-; &., i¦a WW# wWawk bated cc peer
? 3. ??1ar ?saiss od w??wo Mt ? il.d:. ieswmaR wi¦dalMr, la?soMd br tDa pppoa+M! pogkat:
. 81. ?.
04/04/1996 10:24 9109961266 CIENER WOODS FORD PAGE 07
ww cv 7V l0•E4 r,(A/ts'--)
?3. De?eeiptjwiajp p sdwFk (Anub PLAN -s is `?? I1" do vinpt.on?yji: ReL.a c.ro ? C c?t?
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13. Pugmw of propwed work: &&j=IvcAt-c -k a e.
hd. SppR Oas !? bRlisvss tai ws•!k=fiTj Y jb "Maid out in wedods. A.bo, ear a+d.ruro3
WteA asttialtd? ?.?.,?1? ..L „.4LP17?,fG-
ls. Yalu a?e ttsooAta?ctlte U.S.-Pit11 ?:d"wWwSotrin (C1wws).atdlorNsd=Q Marine Fuheri" Service
orProP d Mdit9mdorthroasopod iesorctitktJ
t pum4 pwI Have you dm so? . YES f ) NO (?
26mawmi IN q
FROM 7M VVWS AMMIL PbM SHOULD 88 FORWARDED TO CORPS.
16. Yw are ,yo
?Ifl
?aq 1servWott O@iCec (SNPp) RJR the seoce of hLstorc
pso0 P-do in dss.p aa? m y ba sffbaad by"proposed proax? now you dme so? Yas f ) No I?Q
RESPONSE PROM TIMSHPO SHOULD U VORWARDW TO CORPS.
1% AdMdaoa1 btfwmmfto „guard by V04.
A. VA* M ddoew)m wAp d owittS all wttlaadr, mam. and lanes on dw property,
H. If awlbw teprrotadvie p" "b, 62 wedmb& to bs impacwd by pRojem
CdetiuN atiopli`s wga'perfbntttd bI? a Qeapl?tMH. faklde aU deb i11Nq taleVaAt t0 the p1aGOneac of iho
D. Ira Storat P1es b tl?Ili[ed for Iblt p!o?ect. luKb copy.
L Wbg is boo. w of stdnouttdilt •' .? s 77eiAL
R If splooW. wM k I?sopoted nadwd?oi uwapa disposal? ...~.
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PAGE 08

04/04/1996 10:24 9109961266 CIENER WOODS FORD PAGE 01
t CIENER
\'N/0
P.O. BOX 1069 • KERNEROMLLE, NORTH CAROLINA 27285-1099
TELECOPIER TRANSMITTAL
TRUSNITTIM TO TLELCOPIER # 9
BIRM y
FROM.,
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DATE ?-
TOTAL PAGES INCLUDING TRANSMITTAL SHEET
MEMO

NOTE: SHOULD YOU NOT RECEIVE ALL PAPERS, OR IF ANY ARE NOT LEGIBLE.
PLEASE PHONE [phone] AS SOON A POSSIBLE.
TELEPHOW1 KERNMWLLE AREA M-3700 6 GRMRMK NO AREA 273.7436 a HIGH POINT AREA W-1212

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04/04/1996 10:24 9109961266
CIENER WOODS FORD

s PAGE 02
Apr-04-96 08:85A ca1lahan survey 910- 996-8626 P.02
401 =31W.AlInN
TYpe of Project: Any person engagad in an activity which may result in a
disuNMC to navigable waters. defined as waters of the
United Stasus, and rvquims a federal permit roust obtain a
aoctifkation that stick diultarse will be in eomplince
with applicable state water quality standards.
Authority: North Carolina (lencral Statute 143, Article 21, Part 1.
Regulations! 15A NCAC 2H .0500 . .05M, arid
15A NCAC 29 0109 and.0201(b).
Requirements: Application shall be filed prior to project initiation with
rho Division of Envzonnmtal Management. Water Quality
Soction. A lication for a Corm of Engineers Section BIrMIUS C"sideied as an u on- ox a water ual
arti on. T7M app tram must an application 10-ft
state for initiation of the =dflcatdon process. project descrip-
tion, nature of discharge, and maps are among the documenta-
tion which is mqubed. Pub0c notice is issued at lMt 15 days
Prior to proposcd final action and a public hearing may be held.
Sets of Plans: An application package h available from the Division. The
anginal and one (1) copy of der supplication for certification
must be submitted.
Ptncess Tin= 130 day mptlatory limit. normally 45 days.
public Heating: A public hearing is not nequirsd but may be allowed at the
discredw of the Direm.
PM: Not applicable.
Piermit Duration- Not applicable-
Contact: Appropriate Regional block or
Division of Environmental Management
waif Quality Section
Post Office Bon 29535
IMINSb, NOM Cartulnw 27626.0535
[phone]
PAX ('919) 733-9919
93
04/04/1996 10:24 9109961266 CIENER WOODS FORD PAGE 03
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of ErWronmental 1 wMernont
Jame B. Hunt, Jr., Oovomw
Jonathan B. Howes, Swotary
A. Preelon Howard, Jr., P.E., Director
Aft Paul G7etler
Shields Buagess PUR
P.Q. Hoop 1069
KsntersvWa, KC 27285
Dear M. Getiear:
A,j
6, fA
-aftftmom
Am ft
?EHNR
IF beuary 9.19%
9/0- 91&-37(70
Re: SbWds Bugs Psiic - Wetland fill
Fo[syth County
COE 199601842
Mw Division o(BbvinmmontO Management has :aviewed yow submittal fer a 404
permit for pla ft fill in 0.86 acres of w etlawds-near Abbotis Ckeek Forsyth Cwnty. Yaw
Wftadon W= not oM*cI a duce this ptu)ect wld require a 401 Water Quality
Cwdftwn in order to be valid Please ootttplete the stqurlsed applicadon foam and return it
to DEM for piwesdnp. This infotmadon is needed by DEM in orft for us to do"
NhOUM this moditimfim is appaavabia.
I can be rcachod at 733-1786 if yvu have any question. Until this infornudon is
reodved. I wM request y?6`-Wff a d9s k w) dw dw Caps of Eg&wm place this Agjoct
on hold.
o? Winston-84em DEM Regi o Office
wif-da District of Corps of && =
amtrt?Fila Oliica Cap ?&&?
cly)
hbU
B ..?p
e No. 8derbss Bmmk 4401 Fbo* Cnsk PA. RdOgN NO 2M7 T 010.753.IM FAX # 733-OM
An r:gUW OPPOMWlty AaIf11AOm Moon ftoWw • a% ?Fad danw er pspr
sfine, KRa&74z t,
04/04/1996 10:24
r
9109961266 CIENER WOODS FORD PAGE 04
rcu N 76 17;11 h.U1/U,%?
State- of North'.Cara ling
Opart mentof Environment,
Health and Natural Resources,
Wsfon of Environmental Manager11ent
Ja mesm munJr, Governor
Jonathan k Hpvve; Secretary
A. Preston Howard. Jr., P.E.. Director
"FAX TCh.
NR
PAX NUMB9R: .. ? 10 ?a ?Gl(l
FROM: Gam?' ?t ,, „ ? ?b ?
,• i
NO OP-PAGES INMUD,,,6
bvIfOfIrMnIr18 66.0N af0ft 4401 Raatly Geak Road R81919h. 04mk CaroNna a7eor
A .pfwiWi o? a-7 pPd?i FAX 0 M-fta
a MP rM . Aden Lvftw . au* lwpw 7 6 Pm oo mnw mw
04/04/1996 10:24 9109961266 CIENER WOODS FORD PAGE 05
- - - - cu cu 7V to •L: r- UL/ U^.)
NOTMCATION FORM
INFORMATION SHEET
Nodmwide omits &at regyire no0cation to the Corps of En iveors
Natianwidep' ermits that require application for Section 401 moincation
A. I?QTMCA71GI?!1?7*-?M CDR" O : ?A1GIIZE&'4 DISTRICT ENOxNBRR. (REyER TC7
1i 1?l 1?T6?` Q l7l 0001:OI Qt?(l1rl EWAL =NAQEACPM APPLICATION RE-
Q A?IDLTS NM 26Dom'!'
)
C'w4k nuapM/lds; -4121e0be statif<lesrdon m iiCwP ofBrtsi 9w bribe wo&cu Dt'ooeed- 7boy ago its follows:
N" $(tstsllr far dkdwaa vft o sa 25 eabk y")
N"7 ;
? 13 (*W ffi wbllt?doa m In 640? 9 Of-NO tsm In 1*80 to SMUF d= an avmap of aw cubic yard
NW 14 (ady farililtt In apadm egwdc sites. ? wirdaids, bird mux iocbde a dollneadott of affectad special
agaade sites)
N" 17
MMr ?i (ngwlcetl wltandkEbia?s tucwods too* or awdiscbm" Is Ina spaeiat aqude @its an' d mwst include
a dwaaaattes e?tdre a?ieid:pseial *Vale OZ. bR watlands)
NW 21(MM 1WhW9 0, dslfaetrian nt•aff" ipse;al 01"da ants. iao!<tdW WtUstda)
14W 26 fiw than 1 aem total lat*u raid atast inchmb a dallasadoa of aliatttr4 special aquatic sites.
NWP54 (Amt bdnds) a astnotstioti plan a[saranabie moms w avoid and stem tab Impacts to aquatic resources)
NW 37 ,
MP 34 ORW iaolads a o isradon of ailtbet? ?pCfal atquatk sitar. ittclndit? w'aiands)
rw stxk? dos That shay be wtbostrad.by TlsejA*w unw radoixwida patmits that srgpirs notltication, the
sppiieaet tibaA not b%& *ad.
a. Ustii! aedt?id tbacthswoalt uta?? Droaed'ubiar dra natioarvidr psrmtt wltA soy spaeitl candivtms intpvsed by
the Disaletl?ioasL r
b. If SCOW dot tlprltNrLV*d pt oWt may ?t tOWN or
L UBbW3Odt havspKtsdit!eiti etitpeata plea??o0d0adoaiasw:aiwdbytheDisgit:tEstpnser
apt 11b.aska hl", biM?ti eiva4 t1N Depict USOM, 00 ngaiead swab ttfp wab have bean abtaint4,
1la?gitirld peie j?pp6viaU ititlYde: )) ti sifA+4tit1401 wiltsrgwlirj? va40eesa J wtheeltution is tMquested for r
of 6U paMtsrial. mad Z? tan srprowd coastal tabus etnaat eaosideaq dstaromi,satioo if
the aed?rigr wr3i?i111e mastat Was.
Ufa of =712 .*as?aadoo ;the UbRict etir, bit w?ock? not betla until written
A b ,aoai??tt'bgn the Ttrbet 'ibex ode dixdbed above: do not apply.
l ow. m ma u sb and'Wod s t?vios ct?spa?s?, " National Maxima
pRbwiea ?eviosnp CN??aiW ,0 His*& piv a at?a office (s ): as iadtoatad below and on the
aodlloarioa loan. do not apply.
L Apppx lCA ()jq TO V M yoR NA-n0f;WmS pWjWr SpC.' ON +401 CER115 !CATION.
?? is?qgt?r ao 'tit DW in altar 10 obtda UWM ?? ? tyr c ? astlo0.
71'ttra>IiWt? 7,;??IWl1S; l6.NVV! l7. N"21. N"93. MW 34. aaid ae qw- ?,N/'pp 1. NWf' ?t.
Cat l >rlloawJdi N NWP ?9 p?gdtm noeisaaf ROOM- 23. N lW 27. NWP U. N" 36.
NWPS 1eWP7.
old . N037.
? - lMSSi MMW fts for taUmW aq[Y1?ias: X" 13 (for prolseu
ks= tlftip.SW ?blt'b NI?IrWr 14 rVVR!?Lj=ftl10t rs yT NVk? It (I au with lus tin ] 0
1hu 9= 401 to f? of waters or
wdsj.+ly j?vts as rie? lase tul+reia #Vraairo a..fdslo.tioos.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James & Hunt, Jr., G ove mor
Jonathan R Howes, Secretary
A. Preston Howard, Jr., P.E., Director

FAX TO:
FAX NUMBER:
FROM:
PHONE:
A Of 19 MAI 9 6 04 99
r.4
•
•
[D F== F1

OqA-
)-
'-733 - 76
NO. OF PAGES INCLUDING THIS SHEET:
COMMENTS. vl?Q'ae

u'Jf? ?-6

S WCLA/

U
i0 DJ 2- 6 4---

UC
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer W/ recycled/10% post consumer paper
IMPORTANT
To T
Date l Time
WHILE YOU WERE OUT
of 1)a14 G%1 tiCr ?S PGI?I?G
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED x PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
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RETURNED YOUR CALL
Message_, Al-!"t e,'i-.e,,, -, o,,e ---/
Signed
N.C. Dept. of Environment. Health, an(\dNatural Resources
Y? Y o...re.? nn t]n.vrlwA Panwr
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Paul Ciener
Shields Business Park
P.O. Box 1069
Kernersville, NC 27285
Dear Mr. Ciener:
Re: Shields Business Park - Wetland fill
Forsyth County
COE 199601842
9 6
/••
ID F== F1
February 9, 1996

The Division of Environmental Management has reviewed your submittal for a 404
permit for placing fill in 0.86 acres of wetlands near Abbotts Creek, Forsyth County. Your
application was not complete since this project will require a 401 Water Quality
Certificaton in order to be valid. Please complete the attached application form and return it
to DEM for processing. This information is needed by, DEM in order for us to decide
whether this modification is approvable.
I can be reached at 733-1786 if you have any question. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project
on hold.
Sincerely,
I kzbl
It.eWr R. Dornay
Quality Certi c 'on Program
cc: Winston-Salem DEM Regional Office
Wilmington District of Corps of Engineers
Raleigh Field Office Corps of Engineers
Central Files
hld.ltr
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper
WS REGIONAL OFFICE Fax:[phone] Feb 6 '96 9:30
960499,
U.S. ARMY CORPS OF ENGINEERS
WILNUNGTON DISTRICT
P. 02/02
QOp?
Action ID. 19960 J X Y Z County Forsyth
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Properly Owner/Agent Shields Rumness Park- r. Paul Cie=
Address Pest O •e Box 1069_ Kernersville_ North Carolina 272S5
Telephone No. (1?0) 996-3700
Size and Location of project (waterway. road name/number, town, etc.) Mr. Ciences fifteen
acre tract IwAW off of Shields Road_ adjacent to an unnamotribu of Abbotts Creek near
Kernersville_ in. Forsyth ('.mm% North Carolina.
Description of Activity
ErDiect ncludas it steam relocation and discharge of fill tl>.at result in approximately 0.86 a= of
imp its to h iurisdiational_ waters o d m& ds of an unnamed tributary of Abbotts Creek_
X-Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
NWP 26 Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the pmmittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal. State, or
local approvaWpermits. The permittee may need t? contact appropriate State and local agencies
before beainning work. ?? J
Regulatory Project Manager
Date December l _ 1995
f
Date January L1291
SURVEY PLATS, FIELD SKETCH. WETLAND DELINEATION FORM. ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
FEE
r :c3:
Claai
U.S. ARMY CORPS OF ENGINEER FOP
WILMINGTON DISTRICT
Action ID. 19960 01 5l y Z County Forsyth
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent Shields Business Park Mr. Paul Ciener
Address Post Office Box 1069. Kernersville North Carolina 27285
Telephone No. [phone]
Size and Location of project (waterway, road name/number, town, etc.) Mr. Ciener's fifteen
acre tract located off of Shields Road_ adjacent to an unnamed tributary of Abbotts Creek. near
Kernersville_ in Forsyth County. North Carolina.
Description of Activity
Project includes a steam relocation and discharge of fill that result in approximately 0.86 acre of
impacts to the iurisdictional waters and wetlands 9f an unnamed tributary of Abbotts Creek.
YXSection 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
NWP 26 Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need contact appropriate State and local agencies
before beginning work. tp 7 J
Regulatory Project Manager
Date December 1. 1995
S
Date January 21. 1997
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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INl'~hlE
GENERAL COTES
OBTAIN ALL APPLECABLE PERMITS PRIDR Tp BEGINNING W~2K. 3 PARK _
CdV ~ 1'RE
1J THIS DRAWING IS TO BE USED FOR SITE PLANNING PURPOSES I~1LY. QR. V ~`t
2.) CONTRACTOt IS RESPONSIBLE FOR VERIFYING ALL Ex1STiNG FEArtlEtES PRI1Bt TO START OF CONSTRUCTION. ANY DISCREPANCY IN LpCAT10N, z - Si7E * ~ ~ ~
SIZE, Qa DESCRIPTION OF THE EXISTING FEATURES SHOVN (iri THE PLANS SHALL BE BRQUGHT TO THE ATTENTD]~1 OF' THE ENGINEER IMMEDIATELY.
3J THE CI>rITRACTOR VILL >tE REDUIRED Tp Dp ALL WORK NECESSARY t0
PREIViDE SUITABLE CONNECTIDriS .VITH ALL ROADS, STORM DRAINS ,AND UTILITIES "~~1 N ~ ~ to 1 oD t-j (j ~
ENTERING THIS PRp,lECT, - SHfELDS ~ . ~
4J STREET RETURNS SHALL BE CONSTRUCTED 1N ACCORDANCE VI1H THE TOVN OF KERNERSV2I,LE STANDARDS AND SPECIFICATIONS, A DRIVEVAY PERMIT APPLICATION ~ ~ ROAD ~ ~ a a
MAY BE NECESSARY PRIM TO IMPROVING DRIVEWAY ON VEST FOUNTAIN STREET. W Q ~ ~ v ~
S,) ND SUBSURFACE INVESTIGATION 18t DETERtgNAT10N HAS BEN MADE BY THE EiiGIt~EER/SURYEYCR, THE CONTRACTIBt SHOIN.D MAKE H]S OWN • 2 ~ rn . t»
DrVESTIGATIDI AS tp TFE SUBSEAtFACE CONDITIONS. ~ v
6,) ALL DO~ENSIONS ARE NOMINAL UNLESS OTHERWISE NOTED ON THE PLANS. a ~
7J CONTOURS ARE BASED ON TOPOGRAPHIC ]NF~MATION OBTAINED fORM THE TpVN OF KERNERSVILLE, W~
REFER t0 NCDEHNR APPROVED EROSD3N CONTRiA. PLAN FOR PROPOSED CONTOURS, I~ T
8.> YATER DIStRIBUTION AND SANITARY SEWER COLIECT]ON SYSTEMS SHALL BE
CONSTRlIC1ED IN ACCORDANCE WITH FiB?SYTH CDIJNTY UTILITIES COMISS1pN STANDARDS AND SPECIFICATIONS. c
.
Ex. E%. SAN. SEWER +r~ ..r..•
r y~_ 114111
s~ ,~yXW~ ~ h~/ 7J i~
EXISTING 8~ SANITARY SEWER LINE r r" a a 0! ~ -
GRA$$ AUERIGI, BIG. ~c. W ~
DB 1415 PG 029 s Pc e2s ~ y
PROPGSED CONCRETE
EkISTING RIP-RAP DAM STA 1+50 TOP ELEV. = 909.00 .-EXISTING RIP-RAP END EXISTNG 94' RCP END EXISTING CHANNEL
RIP-RAP CHANNEL ~ CHANNEL STA. 4+70.02 EIP S 1A. O+Op 00 ~ N
S89'20'S3"E 2327.88' (TOru) ~
1 1.7
a - o 0 10 EXI 54~AT 4M5.?
P R n . - - . _ - _ , BuaDERS ~ _ WETLAND AREA TO 8E RESE VED ~ - _ ' r- s~_
- - - ERSH~ . _ _ - _ - - - - - - - ~ , - . .0,70 Ac, f ~ _ _ oe 13313 PG t 347 ~ ~ ~nv°"~r _ _ - - - _ _ _ J ~
i- ~
. / ~ i 'i TOP OF SLOPE _ ~
E{P 1 ~ ~ ~ i ' ~ ~ / ~ ~ ' ~ 1 I
TIE TO PROPERTY CORNER ~B?' ~.Ojt'; ~ ' ~ ~ ~ i ~ / ~ , ! ~ S23 T 43, E rup"~j s< ti % ~ ~ ~ 1 /
G,00 -~Qli 't~ ~ % PROP. 20' PUBlIC,6AlUTARr x / ~ ~ / ~ _ _ _ SEMER EASEIJEN OEDiGtEO BY PIA
seen' to 100' ~ / ~ ~ ~ ~ / / ~ ~ i i
EXISTING 8» O RIM 1k 300.00' ~ .E ~ 115'43 f ~0 ~ ~ ~ ~ \ NV 891,9? TIP ---g-- i SANITARY SEWER LINE _ , ~ ~ ~ ~ ~ ~ 1 / ~ / / i" ~ W.
1 ~ s ~ i i ~ b PROPOSED MANHOLE 1 ~ ~ ~ ~ , ~ Sg ~ N ~ i i ~ / / / /rte y~ ~ .
1 yeS . STA. 12+48 PROPOSER' MFAhIOLE it 2 PROPOSED MANHOLE / 3 ~ ! ` ~ ; ~ ~ ~ / _ 6Tfi.15+48 ~ ~
~ , W STA. 18+48 ~ i' ! ~ ~ ~ ~ . i / jf/ / ` W~i
IP ~ ~ r ~ ~ ~ ~ ~ ~r+~ ~ ~ / ~ ~ 'W
Ex1ST. YH ~ ~ ~i ~ ~ / 1 l i ' ~ ~ ~ ~ i ~ ~ / i Fu1111K T
BENCHMARK C/L TOP 'Oq i J ~ , ~ ~ RW 900.49' y s / ~ ~
~ , S ~ J ~ / i ~
Sa, - ' ~ ' ~ l 1 / ~ i ~ ~ i~ ~ ~ i i MROPOSED ~ 1 \ o
r ~ ~ ~ e' TEE ANO Two s ~ . ~l•Nd
~ ~ f'' PROP HOLE / ~ i r , ~ 0,05#. J M. ~ .r"4F ~ p B LATE VALVES ~ ' r -`w. J HOLE / ~ a i , _ ~;d.
~ ~ ~._.J ,8111 20+ 8 EIP ~ / 6 ~ i - PROPOSED ~ 6 - ~ ~ ~",1s.~''~t ~ i r ~ _ ~ - PROP~D MAIIIOLE ! ~ f '1.v 1 fi~ ry t~,~~r. r:
4 ` ~ + ~ ~ ~ i ~J ! ~ f / , ~ / / StA. X11 ~ . r. ~ , ~ ~ ~ ~f
I PROPOSED 20' ADDITIONAL RIGHT-OF-WAY ~ R~ / r i F .r ~ ~ ' J
DEDICATED BY PUT w ~ , r~~ ~ u ~ , ~ ~ - ~ - ~ ~ ~ , , W.. W
/ .
i FU TUR E PR OP / , d ~ `r„
OSED ~ ~ • ; , PR4POSE0 wATgt wErER a Plug f Pt r ~ • x PROP. ~ ~ ~ f 4 . z s'xa a ~ I ~
HIE E,P PeaPOStn ~ ~ =~.~i ~ , LD SR OA ~ o, EASC?cNT oEauxa ev 1 ~ ~ ; 6' GATE VE T ~ C ~ 1 X 14 X ~ t ; ~ ~ ` II
a ~ 2' DOUaLE CllEgc P T1P t ` s ,
A LI N M NT PRGP. id• I / eAa~tar ~ t i
~ ~ ~ ~ BY CITY ~ \ / ~ ~ u 4_ f' f t~
~ ~ PRO? ADCESS ~ f r ~i /
~ ~ ~ ' (~irt'r 6k 5 1 vnm DEDId~ er P i ~~J E ~ r' ~ ~
EIP ~ , ~ ~ ~ ~ ~ ~ i c~ E i , 1 ~ so
a tir J~ FUTURE OEVEIOPYENT i ~
e ~ ~ , h Q
NOTE: THE NEW ALK~IIAENT FOR SHIELD5 ROAD WAS ~ aj PER ZONING CASE iC- ~ ~ PROVIDED ~ ~ s'' l ~ TAKEN FROM DEANS BY 05 ATEANTIC ANO \ ~ / f (
BY THE TOWN OF KERNERSVILLE. ~ ~ 1 / ~ f 1 , j F ~
~ ~ i ~ ~ T PRGP05ED f ! ~ ~ ~ ~ ~ pJItA1MC ENVELt~E i. ' f 1 f 1; o~ ~dk~1' T
EIP \ i ~ ~ NO. ONE ~ i, E1cIS 1tiC BiALD 1 ~ c ~ W. 15741 ~ ~ r, m
i ~ ~ ~ r~~p• f ~ r1
~ ~e~ 3~ k / ~ J f Q
\ i ~ i ~ t , 1 ~ Q,. i 1 1~,' ~ 1
EIP 9j~~ F ~ }r- a• + i
\ 8s. ~ i ~ I ~ EXtSTlNC i
~ \ ~ ~0• i ~ i ! i ~ x°f BuN.DMtG i ' r
\ \ ~ \ S ~ r I ~ '1 Z i ~ . f i EXISTING ~ ~ _ ~ ~
93 y O J - _ ?.>8 i i 1
\ E~~ ~ ` ~ 11b.~ ,,,.,,,f
\ ~ _ ~ ~ ,...r
` ~ ~ ~
EIP 94, ~ 95.E 9B,r32 9a,a1 ~ ~ ~ ~ !
U ~ PROPOSED DEVELOPMENT PLAN ~ EIP 6 r 411.02 (TOTAL) ~ . { f
CURRENT ZONING DISTRICT HB-S 370. ~ ~ v '.,r " ,
VAT RSHED DISTRICT: ABBOTTS CREEK VS-III ~ 1_~ E ~
PERMITTED USES WAREHOUSE - [VAREHOUSE c80Y.), ffFICE (207,)l ~ 1"' Ir{{EP a GV oUT Of PAVEMENT 'aQ' EXL5TMIG R ~ '
BUILDING SET BACKS (MIN.b FRONT 40', INTERIOR SIDE 0.5'/12', STREET 20',REAR 20' M
T, _ E70STNIG 12 D.LP. NIA761tN[ «••r.•....,
~~t• 1 ARf~ J~ gpp~ AND ~
CALCULATI pf AREA TYPES BY COMPUTER -TOTAL. AREA 805 0,00 SF US.St Ac.) PROPOSED/ PfA NCDOT SNrA~S Q.
PROPOSED BUILDING COVERAGf~ 15,762 SF 1.97, of Total Area /W ~~.r.r ...r.,..w.,...r .
7 fTtlAr SHI ~ MP RV A+ 63606 SF .9r o o a to PROPOSED I E IOUS ARE , SHI L RO A R fi 4
EXISTING IMPERVI[B1S AREA+ 0 SF, OY, of Total Area
TOTAL IMPERVIOUS AREAS 79,368 SF (1.821 Ac.) 9,8r of Total Mtn D<FSTREET PARgNG
ffF-STREET PARKING PROVIDEIh 23 SPACES INCLUDING ONE HANDICAP SPACE i~a~ ,ss
ffF-STREET PARKING REOUIREA 21 SPACES, 1 PER 300 sf ff OFFICE a, 2 PER 3 ~
EMPLOYEES IN VAREHOUSE PLUS 1 SPACE PER VEHICLE USED IN THE OPERATION - G~~' ~
OFFICE - 15762 SF a 0,20 /300 SF = 11 SPACESI VAREHOUSE - 12 ¦ F/3 + 4 = 12
SPACES ~ 11 + 12 = 23 SPACES TOTAL a G . ~
PARKING SPACE DIMENSIONS 17,5' x 8.5' CONE VAY -PARKING ANGLE 90 DEG.) ~
PATER/SEVER UTILITIES ~ 7•~ SBE'37'i5'~ . - ~~sa a
T T F YTH Y VATER ~ tOt 9d~i--- VA ER C IUu ORS COUNT '1~ "~"Np1'23'2t'~ i4S,49' r, . SO1'2¦3M'21 1t ,6 ~ y~
SEVER CONNECTIUh FORSYTH COUNTY SANITARY SEWER L>:otw S.QO II r
I YI11RP1PT1~: PI Yil . PP - Powr Pale . L/P - LIgAt PaH ~ ~/5 4"~`~ „~}S'w
EIP - Existing Iron Plow . P/L - Prouty Line
STREET PLANTING YARD ( 10' MIN,) IN ACCORDANCE WITH THE FORSYTH COUNTY UNIFIED NIP - New Iron POO . R/w - night-ol-way EPI - ExMhg Iran Pebp . CA - ContvlYa SCALE. 1 . 60' SET
DEVELOPMENT ORDINANCE W - New PIn Ira . EP - Edgy of Po~J FC of -loop S Cure SIGNAGE IN ACCORDANCE WITH THE FORSYTH COUNTY UNIFIED DEVELOPMENT ORDINANCE a+ - Concrete UaNrma+t T WM - water Meter . TBC -lop Dad or Cure f; CfRTiY THAT ON SEPT. M ...,r-_
N SIDE OR REAR DUFFERYARD REQUIRED M -Not To Soap . CH R - - Cat Nrdrat 84 ME SfIwvm w PROPERTY smm os rra PLAT. 1kN tfy? w and aPr 1~+9 - ' Note:. This plot is subject to ony
. MM -Mon "do . CCatch Bach SIGNAGE IN ACCORDANCE WITH THE FORSYTH COUNTY UNIFIED DEVELOPMENT ORDINANCE p - pate inter TP - Toophonp Pap Easements, Agreements. or doaMtlal4 MM 11 tlt1 plrl0n{#) Rights-of-Way of record prior to a la bolo- ad slo"tarlo -ion f or wt lw~ µ
ate - Rehr. conc. Pl" n - Yard klw ~e - Sox a - Care hMt dote of thlt plot whip, wet W *Wwe 1s P wVvw Eed by ,Al le of the time of my intpeol'W LOW L, tJ WtW 91N11EE1'm CdIPmy. vsd.r~ It45'. '
582
1;\1582\1582work 2-28-97 113517 nr+ EST

X. SAN. SEWER E
i
EXISTING 8 SANITARY SEWER LINE

GRASS AMERICA, INC.
DB 1415 PG 629
~ PROPOSEG ~~Cfv~~RETE
D.AM STa I~~O `Xc riP~; ~?~F-RAP
I = ~ ~ TOP ELEV ~:?,~9.00 ~NG EX~,~~T.N~,- / ,f~aNNE_ j I _ ~ EXISTING R1P-RAF END EXISTING 5~" RCP
i h'P-RAC FIAtin~E! ~ ~~HANNEL STA. 4+74.62
PT
~ S ' ~ 2327.6 89 20 .~3 ~ 8 I ~ 296.97 ~ ~ i . 2327.68' (TOTAL)
r a a r r + - r , 9.41 ~ ~ - - _ _ _ I ~ - - - ~ - - - _ _
3 _ - _ fi _ r ~ ( \ ~ I . N ~ ~ i-i~~. T-( 1-~ Y _ - - to
011 ~ _ O ` 01 162 LF EXISTING 54" R AT "-~>~---~---C \ _ CP 3.4% '
_ -
TAN AREA TQ B~ PRESERVFu ~p1~ ~ _ ~a - - _ _ - WE D _ = f ~ ~ - - - ' - - ~ Y.._--- A f
~ ~ ~ ~ ~T+7 .f LF_EXI~fl_NC~ R1P--RAP~CN"Ai~Et~~ {I o.~o Ac. - , ~ a - 1 ? i J .L / i - - f Q _ - - ~ ~ A l'- ~
i r r^ ~ i r ~ ~ i -
, ~ ~ ~ y .yl _ , . a, r~ - i Tpp OF SLOPE 'h ~ ~ i ~ t A i
' ~jhR~ , ~ = - ~ l ~
_ - ~ r / ~ ~ ~ /
TAI' bF SL~E • ~ ~ ~ /
1.18' t ~ l ~ ~ i ~ ~ ~ / f ~
,~R~~p G,BLi~. Sati ~ti~~ ;Fw`ER ~a ~ ,7 s ~~,.E --rt--- --,e-- _ sEMfv~ ,,_~o~. f E~~ er~ u, a, `W -t ~ i ~ i i~ ~ / l
(a~ :s'o~ e cn --a-- ?'43 w , a9 - Cn --~-a---- _ ~ ~ ;
~ O ~ O ~Ou.06~ S8S"36'~C'S"E EIP _ o 78~"36'~C'S"E Oo ~ i / ~ ~ ~ r f
- ~ / / __O _ _,I ~ ~ ~ ~
~S , PROPOSED MANHOLE ~ t 9 ~ PROPOSED.. ~RIVHOLE ~ 2 l ~ ~ / ~ /
i 6S STA. 12+48 ~ ~ / PROPOSED M4NNOLE ~ 3 > ~ i ~
~ p ~ ~ . '7Tf~. `f5+ a8 sq w rn~ \ ~ , ~
S ' , i i
_ i ~ % i
~ ~ _ ~ _ /
~ / i /
~ / ~ /
1
~ ~
-
~~=0 - -~---~T-----r--~- - ,
I ~ ~ ~ ~ ~ ~i ! i
~ I i t i I ~ I ~ ~ ~ ~ i ~ ~ f 1 ~ •a _ + ~ r--T--T--~-_ i
t ~ ~ ~ - _ i r ~ ! I
~ I 1 ~ ~ PROPOSED ~ I ~ MAXIMUM WATER
I ~ I ~ ~ 90g CQNC. DAM t LEVEL EL 909.00 908 U+~B T ~ OP OF DAM
~ ~ J. ---i ' ELF 909.40
-T---- ~ -T- / ~j 948 948 908 908 908. 9i8
PRO SED CONC. DA I ~ ~ - TOP F DAM ELEV. = 909.00 ~ ~ 'i,';
A w T ~ ~ ~ TOP F D^M ID H x.00 ~f j f I /
r ~ r ~ ~ STOR ~ ~APA;~~T`! B IND ~ ~ 904 , 9U4 aC4 / gC~a i-- ~ ' X04 V~,4TER QUALITY
~ ~ DAM ~ E' -~0 ~UB1C F~ / ~ ,LEZ- I r ~ ~ + ~ ~ ~ •y ~ ORIFICE CENTER /
~ i ~ 2~ i ~ ROUND ~ ~ -i ELEV. = 906.5
910; cxt_ ~ _ L 4 4 4 4 4 ~Gf4 i 90 90 90 90 90 i i _ ,
H1 _ -r ~ I ~ EX~c~~~G R I V ~ ~ I ~ I I
'__l~._~~ 9~~
G GPD ~ ~ , ~ ~N~, 906.x, X00 900 ?~_U ExIS~iN j ~ u i ~ i 0 T ~ ~ r~ ? u1 J ~G -20 0 20 -20 0 20 -~0 G 2G
~ J~A. ER C~UAL~ JR. ~E C ~ ~ I CENTER ELE~' = 90h.5C~~ ! I
~ /
i .ii _f...
G G~;~tsD / ~ j
j -,c~s1 GRE - ~ / ~'''~JG 5 ! ~ ~ -
A i
i i ..---"'I I OUTLET PROTE T~~~N
i I 4VIDT~ TO MAT I 'i
~ I EXISTING CHAN E'~~ ~ ~ I
j ~ _ ~ 900 - --t---------------
I I I i ~
i I ~ 4 ^n + q. i ~ 7
~ ~ .bL
c~ t~
~ ~ j ~ ~ i 91~ 9~~ ~ 1 ,I i~ 916 ~ ~ ~ 6 916 916 ~ , J ~
~ I ~ ~ ~ ~ i ~ ~ ~ i
1 I r M iM.~M WATER 1. ~ aT . ~ ~ , ER ~e I i i )9.00 912 912 912 ~
' - LE',~EL EL 909.00 ~ I i 1 I j I
i ~ MAXIMUM WATER ~
~ LEVEL EL. 909.00 I_ _ ~ ~ ~ 912 912 91~ t ± 9t2 912
I , ~ ~8 r 9v~_, - ~ ~ ~ , I -MAXIMUM WATER -
I ~ I i ~ / i I r,~ ~ r / / ~ _~~~L ..L 9090
DATUM ELEV ~ - J 8 OG8 ,908 908 908 I ~ /
890.00 ~ i ~ I i j ~ ~ I ~
f 908 908 908 :~08 X08 908
~ ~ ~ , V v i i t ~ I I ~ l
i I i ~ I i ~ ~ ~ i j ~ I
~_L_J~ _ i _ _ ~ 0,~ a ----L 9:~4 904 904 904 - ' _i._~ L__1_
0+~.~0 t+00 ?+00 ~+n~ aT~~~_ Zia C ?C~ -~G -2G 0 2C~ -20 0 20 -20 0 20 -2C~ C 21~ ?r 20
r~ - 4t
PREL ARY - F ~ VIEW O~VZY „ Env o ~ HORIZONTAL SCALE. 1 40 VERTICAL SCALE ~L SCALE. 1
T.d RRY T. rd t.T.d Nd N
A."ia 1i • i iI• iA iilt is ALA a,& V
SHIELDS BUSINESS PARK -PHASE 1 OWNER SURVEYING CO. INC.
SURVEYORS/ENGINEERS
SHIELDS ROAD PAUL CIENER 935 E. MOUNTAIN ST., SUITE I
KERNERSWLLE.. N.C. 27284
KERNERSVILLE, NORTH CAROLINA P.O. BOX 1069 KERNERSVILLE, N.C. 27285 OFFICE: (910)-998-3598
FAX: [phone]
PART OF TAX LOT 37 TAX BLOCK 5645 PHONE: [phone] WWW.LLCALLAMANOAOLCOM

_ _ _
_ ~ , S{

Wy M ~4~'S
~e ~,r i;.0r' W'~~ ~
~r55
EXISTING A" SANITARY SEWER LINE ,,,,,,C _..r
- - - --SS- _...._Sc, - _..SS-- -
--`>S- - -SS-- - - -SS..._ -SS- -SS I~ -SS-- F DI• AG C?+~NNE! AND PUMP
I ~ATrE. RC 'N Wi°RK AR A ~ (yRA~ iN~". ~ _ A ~ D ~ E ,
f PROPi; `,f? L::( i LC~~ ATION MA's VF~.kY 0~1 1+11 F~C? 6
,/SAM TI ,/SAM TA 1+5G
~-EXISTING RIP-RAP ` TOF EGF"1 END ExiSTiNG-~, r~ ~WEiF~ Eli TOF E~F"V.~9tC r~
ANNEL ' I RfP-RAP CHANNE~~ WEiF~ Eli v -=9U9 0 _ENO EXISTING 54" RCP ~ ~;fV~~ t~' I~~ ~t;~' ~t~ EXISTING RiP-RAP
11f' ~ .7 ~ ~ _ - . 4 r {(j CHANNEL STA. 4+70,b2 ~ki~11Nt± f~i~' pAl" 1N4I~1 ~'PFa?1-1 11(:+Fi
2D6.~T PT S89'20'S3"E 859.4i'
~ - a 470 f lF EXISTING RIP-RAP CHANNEL ~ ~y ~ _ _ _ . 2327.68' {TOTAL)
~ ~ r..f... .r,,.,„ ~ ~ My ~,y.. ~,~..k. ~ 5..t-.:, t ~ ' d A 1.: ~ rt ~ 1
~ ~ N _ I,~ t O P r . ~ . a. • a • a a a a a a ~ t - L. t. t ~ , ~ _ ~ . 7-~, ~ ; W r ,
~h ~ ~ N~j n - ,.c~~ , t~ .:r.~, .a _ .t ~ _a.,~ t . 162 L XI LNG S~"""~`~ 3,p"".~`"" y
1~~Nf~I~~MiNUiM 11Edulll~r~"~ k~, WI 1~ hN[) A~E_A TU r~E PRESERVED a ~ o o r, .
11)'1 I ~V'~fi I'I'i 1 ld 7 q+ a 7~ A <u • / a a a a ~ \ a ~ r .J
WORK AREA .J ~ r
`G ~ . /
a a + a a . a a .3~.~ ~ ~ T OP OF SLOPE
\~~-CONTRACTOR SHALL PROTECT CHANNEL
ip ~ ~ h ~ONTR~ ~ ~ t ~ ' ~ k~0,'19 FROM f FROM RUNOFF FROM DISTURBED WORK
. • 1' a • . a a a ~ AREA H ~ ( 1',y ~ ' TOP OF SLOPE - A AREA WITH SEDIMENT FENCE. WORK AREA
5N LL ,~r~ I!II t ~ N88'36'OS w ~ PR F ~ ~ a, i l1>>4 - _ _ - O ~C ~~E~,C '_~aN~TaFr SEWER EASEMENT DEDiCA1E~; y .r THE ~.C SHAD BE RESEEDED 'IMMEDIATELY AFTER
1-, ~ \ ~ 201.18 O T E PLN (FS-BUILT INFORMATION T VERIFIED) THE CONCRETE DAM CONSTRUCTED. IFIED)
a ,
4 kl I 1r " ' - / / a3~ PROP. 8-VCP ~ 180 5 INr~ ? t.l \ ',AN1 t ~R~ ~ i ' r W EIF \ \ ~ N PROP. 8° VCP O g' 115'43
PROP. 8" VCP ~
MCP 9', \ \ ~i= _ Sq~ r ,5~., ~ \ PPOPOSED MANHOLE 1
A8F3(~1 r5 (RE~~€ h 5£ ~S `~6 's, ~ ~ K'F S•., o ~ PROPOSE ~ I R S ~ S A. 0+9.25 PROPOSED MANHOLE ~ 2
~-l. T6 Al L ~ ~ ~ STA. 3+S 4~ 3 STA. 3+90.25 PROPOSED MANHOLE ~ 3
~ ST. MN STA OO \ STA. 6+9Q.25
, \ j` ` M 90.;7 \ r
IN 99.9 IP \ E
FxlSt ~ ~ ~i
BEuNi'f~MARh C~`I 1t~1~ ' > >
0, 0~ Graphic Scole hIM 9(?0 4~~' I ~ \ m y
INV. 8~J1 97 ~ 6. ~ ao ~o o a0 8G
\ S ~0, ~ \ s Ss' \
9ti \ ~ \
s~\
I ~
I
u
920 - - ~ PR01 T PROPOSED
. _ _ _ I _ ~ CON( CONC DAM
X9.00 y~, ~ ~
i I 90O 908 908
{
i
WATER _-f_i •y WATER QUALITY
ORIFICE PROP SED CONC. ~'~1A~I ~ / ~ V. ORIFICE CENTER
~ ELE TOP F WEIR ELEw 909.00 ELEV. = 906.5
~ 904 904 ~ WEIR iDTH = 3C~ ; 904
~ STO E C~ac~TY P H!ND
DAM ~ 1,7201 r=_~!8 ` FEF~i- /
l E 0 -20 0 20 ~ I - GOO 2 NOTE: W.O.U. PLUGS WILL BE ADJUSTED TO CARRY THE BASE FLOW OF THE CHANNEL. 20 1" LAM T R WI NP TIA Y 4" D E E LL BE U LUGGED INI LL . THE 2 AND PLUG5 wILL BE REMOVED
910 - SHOULD BASE FLOW EXCEED THE 1" DIAMETER CAPACITY, WATER QUALITY ORIFICES
,N~ EX , RI~ EX STINv ~ ~ SHALL BE PROTECTED BY TRASH RACK.
~ ,OROUN~, WL = 909.4 5~' P~~~ P ; 1iNG ~ ~ 1NU 905.47
EXiS ~ ~ WATER OUA~'T ORIFICES (SE ELEV,4TION VIE) i ~
~ CENTER ELt'~~~. = 906.50
~ EXISTING GROUND WAT R lTY Rlfl
~ r - E QUAL 0 CES (woo) PROPERTY SEE NOTE ABOVE
I ~ OUN % x~STIN - 1.5 I ~ INE
E r, ~ aPE ~ ~ Av ~ I „ 40'
~ 8 8" _ , - 30
~ t ~ A I » 910 (TOP)
1.0' WL= 909.0 1, 9Q9
- 901 EL I
900 ,
t x ~ 5' T -899 El ~ ~ 0 L ~ ~ 906.5 WQO 906. ( ) 5
~ OUTLET PROTEC ION 4 1" 2" p '~iA _ _ _ _ _ ~ TRASH RACK 0~'
WIDTH TG MATCH I EXISTING CHANNEL 0 Q ~ ~ ~P
BOTTOM ~ i I l TRASH RACK F ~Q
I i q~ ~
FLOW 9031
j i
STEEL REINFORCEMENT 2.5 HORIZONTAL AND VERTICAL
4 BARS ®12" OC EACH WAY
~ { 901_ I ~ - 2" CLEAR COVER MINIMUM FOR WALL
I ~ ~ i 3" CLEAR COVER MINIMUM FOR FOOTING 901 900
~ I ~ 900 DATUk ELEV ~ - A 899 N
890 00 fi
~ I 899 ~ I. 899 T 1
~ ~ ~ i
~ ~ ~ i ~ I ! 4' - 4'
i
0+00 1+00 2+OG 3+00 400 (NTS)
C

(NTS} (NTS}
GENERAL NOTES:
t. ALL CONCRETE CONSTRUCTION, WORKMANSHIP AND MATERIALS SHALL BE IN
ACCORDANCE WITH ACI STANDARDS AND
SPECIFICATIONS.
~~~n~~i„~r,~

„ 93"~ A LARRY L. GALLAIMN
SHIELDS BUSINESS PARK -PHASE 1 OWNER HORIZONTAL SCALE: 1" 40' VERTIC VERTICAL SCALE. 1 = 4
o SURYEYINC CO. INC.
SHIELDS ROAD PAUL GENER AL SURiBYORS/gNG 1NBBRS i :
? 035 E. MOUNTAIN Si., 5011E 1
KERNERSVILLE, NORTH CAROLINA P.O. BOX 1069 KERt1ERSNlIE, N.C. 27204
KERNERSNLLE. N.C. 27285 OFFICE: c910r990-3590 ~
PART OF TAX LOT 37 TAX BLOCK 5645 RpNE: [phone] j;ses,s zwouc.?we c FAX: c910r906-110 t?~ EMA~a LLCNlAHANMOLL'pl