19991306 Ver 1_COMPLETE FILE_19960903

Post-ir Fax Note 7671 Date Z
pages f
To n From
cl-
Co./Dept. U ,;"l C)E Co. ?jc !M/
Phone # Phone # 17 FQ
Fax # n62-- 5Y;3- I Fax #
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NC ENR
NORTH CAROLINA DEPARTMENT OF .
ENVIRONMENT AND NATURAL RESOURCES
June 16, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Linwood C. Thornton
Carolina Packers, Inc.
P.O. Drawer 1109
Smithfield, N.C. 27577
SUBJECT: NOTICE OF VIOLATION
Neuse Buffer Rules & Unauthorized 404/401 Impacts
Johnston County
Dear Mr. Thornton:
On June 9, 1998 you met with Mr. Eric Fleek and Mr. Pete Colwell from the North Carolina
Division Water Quality's Central Office regarding unauthorized impacts to streams, wetlands, and the
riparian buffer at your site off Lee Road in Johnston County. Also in attendance at this meeting were Jean
Manuele from the U.S. Army Corps of Engineers (USACOE) and your surveyor Mr. Linwood Jones.
As a result of this meeting it was determined that the riparian buffer along approximately 2175' of
intermittent and perennial channel had been removed in violation of the Neuse River Basin Buffer Rule. In
addition, Mrs. Manuele determined that approximately 2175' of unauthorized work had occurred in these
intermittent and perennial channels and that unauthorized wetland impacts had also occurred at this site.
Based on this information, you agreed onsite to replace the buffer along approximately 2175' of
channel. Specifically, a 30' undisturbed forested buffer would be replaced on the east side of the main
channel (with an additional 20' maintained in grass or other vegetation), a 50' undisturbed forested buffer
would be replaced on all sections of the main channel on the west side except for the following area: from
300' of the existing treeline to 535' of the treeline (i.e., a 235' segment) an 80' undisturbed forested buffer
would be replaced within this wetland area. The undisturbed-forested buffer along the smaller tributary
should be replaced to 30' with 20' maintained in grass or other vegetation and extended to the edge of
DOT's right-of-way. You also agreed to fence the cattle out from the forested buffer areas as well as along
the intermittent and perennial channels. Once the buffer areas are re-established the remaining affected
wetland areas will be determined. Please note that within the disturbed areas along the aforementioned
channels, the buffer distance should be measured from the water's edge and extended horizontally off an
imaginary vertical line extended from the water's edge (i.e., buffer distance should not be measured along
the steep slopes of the impacted streambanks).
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
Linwood C. Thornton
Caroli
N na Packers, Inc.
otice of Violation
Page 2
1 buffer should be done to the following specifications:
Replantin,zven mixture of native tree species (i.e., do not plant just one or two species;
1) 400,
2) Anj% survivorship after 5 years; any dead trees dead > 80% after the 5-year period
Splanted. It is therefore strongly advisable to plant significantly more than 400 stems
3) /
could be planted no closer than 10 feet to each other.
s should be planted from 1, 2, or 5 gallon sized pots.
es to be planted should include an approximately even mixture of Willow Oak (Quercus
,,hellos), Red Maple (Ater rubrum), Yellow Poplar (Lirodendron tulipfera), Green Ash
(Fraxinus pennsylvanica), Sycamore (Platanus occidentalis), and Sweet Gum (Liquidambar
styraciflua).
7) Trees should be planted this fall or winter.
8) As soon as possible, sprigs of Black Willow (Salix nigra) should be planted along the sloped
streambank (from the water to the top of bank) for stabilization.
Once the buffers are surveyed in and all affected wetland areas which lie outside of the buffers are
letermined a 404 will likely be issued by USACOE. After a 404 is issued, you must make an application to
1DWQ to receive a 401 Water Quality Certification. Please find enclosed the 401 application for your use
.fter the necessary surveying and platting is completed.
If you have any questions regarding this matter or the 401 Water Quality Certification process in
general please feel free to call myself or Mr. Eric Fleek or Pete Colwell at [phone].
Sincerely,
John Dorney
Water Quality Certification Program
Cc: Danny Smith, NCDWQ Raleigh Regional Office
Jean Manuele, USACOE Raleigh Field Office
Kathy Matthews, USEPA
Linwood Jones, Southwind Surveying
I-la- 9?'9)

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
LT 1 •
NCDENR -
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 16, 1998
CERTIFIED MAIL
Mr. Linwood C. Thornton
Carolina Packers, Inc.
P.O. Drawer 1109
Smithfield, N.C. 27577
SUBJECT: NOTICE OF VIOLATION
Neuse Buffer Rules & Unauthorized 404/401 Impacts
Johnston County
Dear Mr. Thornton:
On June 9, 1998 you met with Mr. Eric Fleek and Mr. Pete Colwell from the North Carolina
Division Water Quality's Central Office regarding unauthorized impacts to streams, wetlands, and the
riparian buffer at your site off Lee Road in Johnston County. Also in attendance at this meeting were Jean
Manuele from the U.S. Army Corps of Engineers (USACOE) and your surveyor Mr. Linwood Jones.
As a result of this meeting it was determined that the riparian buffer along approximately 2175' of
intermittent and perennial channel had been removed in violation of the Neuse River Basin Buffer Rule. In
addition, Mrs. Manuele determined that approximately 2175' of unauthorized work had occurred in these
intermittent and perennial channels and that unauthorized wetland impacts had also occurred at this site.
Based on this information, you agreed onsite to replace the buffer along approximately 2175' of
channel. Specifically, a 30' undisturbed forested buffer would be replaced on th e east side of the main
channel (with an additional 20' maintained in grass or other vegetation), a 50' undisturbed forested buffer
would be replaced on all sections of the main channel on the west side except for the following area: from
300' of the existing treelirie to 535' of the treeline (i.e., a 235' segment) an 80' undisturbed forested buffer
would be replaced within this wetland area. The undisturbed-forested buffer along the smaller tributary
should be replaced to 30' with 20' maintained in grass or other vegetation and extended to the edge of
DOT's right-of-way. You also agreed to fence the cattle out from the forested buffer areas as well as along
the intermittent and perennial channels. Once the buffer areas are re-established the remaining affected
wetland areas will be determined. Please note that within the disturbed areas along the aforementioned
channels, the buffer distance should be measured from the water's edge and extended horizontally off an
imaginary vertical line extended from the water's edge (i.e., buffer distance should not be measured along
the steep slopes of the impacted streambanks).
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
( ' 14
Linwood C. Thornton
Carolina Packers, Inc.
Notice of Violation
Page 2
Replanting of the forested buffer should be done to the following specifications:
1) 400 trees per acre
2) An approximate even mixture of native tree species (i.e., do not plant just one or two species;
See #6 below).
3) A required 80% survivorship after 5 years; any dead trees dead > 80% after the 5-year period
must be replanted. It is therefore strongly advisable to plant significantly more than 400 stems
per acre.
4) Tree should be planted no closer than 10 feet to each other.
5) Trees should be planted from 1, 2, or 5 gallon sized pots.
6) Trees to be planted should include an approximately even mixture of Willow Oak (Quercus
phellos), Red Maple (Acer rubrum), Yellow Poplar (Lirodendron tulipfera), Green Ash
(Fraxinus pennsylvanica), Sycamore (Platanus occidentalis), and Sweet Gum (Liquidambar
styraciflua).
7) Trees should be planted this fall or winter.
8) As soon as possible, sprigs of Black Willow (Salix nigra) should be planted along the sloped
streambank (from the water to the top of bank) for stabilization.
Once the buffers are surveyed in and all affected wetland areas which lie outside of the buffers are
determined a 404 will likely be issued by USACOE. After a 404 is issued, you must make an application to
NCDWQ to receive a 401 Water Quality Certification. Please find enclosed the 401 application for your use
after the necessary surveying and platting is completed.
If you have any questions regarding this matter or the 401 Water Quality Certification process in
general please feel free to call myself or Mr. Eric Fleek or Pete Colwell at [phone].
Jo Dorney
W er Quality
Cc: Danny Smith, NCDWQ Raleigh Regional Office
Jean Manuele, USACOE Raleigh Field Office
Kathy Matthews, USEPA
Linwood Jones, Southwind Surveying
Post-KO Fax Note 7671 Date Z pages
n
__ ftt To From
/?
Co./Dept U A CCI Co. ,( f ?(,?
(
Phone # #
Phone
Fax # Fax #
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
11kT?WAj
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 16, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Linwood C. Thornton
Carolina Packers, Inc.
P.O. Drawer 1109
Smithfield, N.C. 27577
SUBJECT: NOTICE OF VIOLATION
Neuse Buffer Rules & Unauthorized 404/401 Impacts
Johnston County
Dear Mr. Thornton:
On June 9, 1998 you met with Mr. Eric Fleek and Mr. Pete Colwell from the North Carolina
Division Water Quality's Central Office regarding unauthorized impacts to streams, wetlands, and the
riparian buffer at your site off Lee Road in Johnston County. Also in attendance at this meeting were Jean
Manuele from the U.S. Army Corps of Engineers (USACOE) and your surveyor Mr. Linwood Jones.
As a result of this meeting it was determined that the riparian buffer along approximately 2175' of
intermittent and perennial channel had been removed in violation of the Neuse River Basin Buffer Rule. In
addition, Mrs. Manuele determined that approximately 2175' of unauthorized work had occurred in these
intermittent and perennial channels and that unauthorized wetland impacts had also occurred at this site.
Based on this information, you agreed onsite to replace the buffer along approximately 2175' of
channel. Specifically, a 30' undisturbed forested buffer would be replaced on the east side of the main
channel (with an additional 20' maintained in grass or other vegetation), a 50' undisturbed forested buffer
would be replaced on all sections of the main channel on the west side except for the following area: from
300' of the existing treeline to 535' of the treeline (i.e., a 235' segment) an 80' undisturbed forested buffer
would be replaced within this wetland area. The undisturbed-forested buffer along the smaller tributary
should be replaced to 30' with 20' maintained in grass or other vegetation and extended to the edge of
DOT's right-of-way. You also agreed to fence the cattle out from the forested buffer areas as well as along
the intermittent and perennial channels. Once the buffer areas are re-established the remaining affected
wetland areas will be determined. Please note that within the disturbed areas along the aforementioned
channels, the buffer distance should be measured from the water's edge and extended horizontally off an
imaginary vertical line extended from the water's edge (i.e., buffer distance should not be measured along
the steep slopes of the impacted streambanks).
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
Linwood C. Thornton
Carolina Packers I.
Noti , nc
ce of Violation
Page 2
1 buffer should be done to the following specifications:
Replanting even mixture of native tree species (i.e., do not plant just one or two species;
1) 400 tr
2) An 0% survivorship after 5 years; any dead trees dead > 80% after the 5-year period
3) ?eAlanted. It is therefore strongly advisable to plant significantly more than 400 stems
.,ould be planted no closer than 10 feet to each other.
4,,s should be planted from 1, 2, or 5 gallon sized pots.
aes to be planted should include an approximately even mixture of Willow Oak (Quercus
hellos), Red Maple (Ater rubrum), Yellow Poplar (Lirodendron tulipfera), Green Ash
(Fraxinus pennsylvanica), Sycamore (Platanus occidentalis), and Sweet Gum (Liquidambar
styraciflua).
7) Trees should be planted this fall or winter.
8) As soon as possible, sprigs of Black Willow (Salix nigra) should be planted along the sloped
streambank (from the water to the top of bank) for stabilization.
Once the buffers are surveyed in and all affected wetland areas which lie outside of the buffers are
determined a 404 will likely be issued by USACOE. After a 404 is issued, you must make an application to
NCDWQ to receive a 401 Water Quality Certification. Please find enclosed the 401 application for your use
after the necessary surveying and platting is completed.
If you have any questions regarding this matter or the 401 Water Quality Certification process in
general please feel free to call myself or Mr. Eric Fleek or Pete Colwell at [phone].
Sincerely,
John Dorney
Water Quality Certification Program
Cc: Danny Smith, NCDWQ Raleigh Regional Office
Jean Manuele, USACOE Raleigh Field Office
Kathy Matthews, USEPA
Linwood Jones, Southwind Surveying
1-1(a- 94)
14
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
AILWT• WA
Aoftft
AIMIII
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 16, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Linwood C. Thornton
Carolina Packers, Inc.
P.O. Drawer 1109
Smithfield, N.C. 27577
SUBJECT: NOTICE OF VIOLATION
Neuse Buffer Rules & Unauthorized 404/401 Impacts
Johnston County
Dear Mr. Thornton:
On June 9, 1998 you met with Mr. Eric Fleek and Mr. Pete Colwell from the North Carolina
Division Water Quality's Central Office regarding unauthorized impacts to streams, wetlands, and the
riparian buffer at your site off Lee Road in Johnston County. Also in attendance at this meeting were Jean
Manuele from the U.S. Array Corps of Engineers (USACOE) and your surveyor Mr. Linwood Jones.
As a result of this meeting it was determined that the riparian buffer along approximately 2175' of
intermittent and perennial channel had been removed in violation of the Neuse River Basin Buffer Rule. In
addition, Mrs. Manuele determined that approximately 2175' of unauthorized work had occurred in these
intermittent and perennial channels and that unauthorized wetland impacts had also occurred at this site.
Based on this information, you agreed onsite to replace the buffer along approximately 2175' of
channel. Specifically, a 30' undisturbed forested buffer would be replaced on the east side of the main
channel (with an additional 20' maintained in grass or other vegetation), a 50' undisturbed forested buffer
would be replaced on all sections of the main channel on the west side except for the following area: from
300' of the existing treeline to 535' of the treeline (i.e., a 235' segment) an 80' undisturbed forested buffer
would be replaced within this wetland area. The undisturbed-forested buffer along the smaller tributary
should be replaced to 30' with 20' maintained in grass or other vegetation and extended to the edge of
DOT's right-of-way. You also agreed to fence the cattle out from the forested buffer areas as well as along
the intermittent and perennial channels. Once the buffer areas are re-established the remaining affected
wetland areas will be determined. Please note that within the disturbed areas along the aforementioned
channels, the buffer distance should be measured from the water's edge and extended horizontally off an
imaginary vertical line extended from the water's edge (i.e., buffer distance should not be measured along
the steep slopes of the impacted streambanks).
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
( 14
Linwood C. Thornton
Carolina Packers, Inc.
Notice of Violation
Page 2
Replanting of the forested buffer should be done to the following specifications:
1) 400 trees per acre
2) An approximate even mixture of native tree species (i.e., do not plant just one or two species;
See #6 below).
3) A required 80% survivorship after 5 years; any dead trees dead > 80% after the 5-year period
must be replanted. It is therefore strongly advisable to plant significantly more than 400 stems
per acre.
4) Tree should be planted no closer than 10 feet to each other.
5) Trees should be planted from 1, 2, or 5 gallon sized pots.
6) Trees to be planted should include an approximately even mixture of Willow Oak (Quercus
phellos), Red Maple (Acer rubrum), Yellow Poplar (Lirodendron tulipfera), Green Ash
(Fraxinus pennsylvanica), Sycamore (Platanus occidentalis), and Sweet Gum (Liquidambar
styraciflua).
7) Trees should be planted this fall or winter.
8) As soon as possible, sprigs of Black Willow (Salix nigra) should be planted along the sloped
streambank (from the water to the top of bank) for stabilization.
Once the buffers are surveyed in and all affected wetland areas which lie outside of the buffers are
determined a 404 will likely be issued by USACOE. After a 404 is issued, you must make an application to
NCDWQ to receive a 401 Water Quality Certification. Please find enclosed the 401 application for your use
after the necessary surveying and platting is completed.
If you have any questions regarding this matter or the 401 Water Quality Certification process in
general please feel free to call myself or Mr. Eric Fleek or Pete Colwell at [phone].
Jo Dorney
W er Quality
Cc: Danny Smith, NCDWQ Raleigh Regional Office
Jean Manuele, USACOE Raleigh Field Office
Kathy Matthews, USEPA
Linwood Jones, Southwind Surveying
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