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HomeMy WebLinkAbout20031181 Ver 1_401 Application_20030922c Office Use Only: USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not I. Processing II. ChA all of the approval(s) requested for this project: M Section 404 Permit ? ? Section 10 Permit ? ? 401 Water Quality Certification Version May 2002 or "N/A".) Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? Applicant Information 1 1. Owner/Applicant Information SEP 2 2 2003 Name: Mike West _ Mailing Address: P.O. Box 1424l4?TC??II®I1?/?1?Yillhf Candler, NC 28715 y Telephone Number: 828/215-8523 Fax Number: 828/670-6166 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Larry Barthelemy Company Affiliation: Cavanaugh and Associates P.A. Mailing Address: 11 North Market St. Suite 101 Asheville NC 28801 Telephone Number: 828/255-7596 Fax Number: 828/255-0770 E-mail Address: larrybna cavanaujzhsolutions.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Banks-West COE Permit 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 9616-01-49-8564 4. Location County: Buncombe Nearest Town: Enka, NC Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Take Sardis Rd. from the Intersection of Sardis Rd. and Sand Hill Rd.. The site is on the left about 1/a mile. 5. Site coordinates, if available (UTM or Lat/Long): 035"32'23.72"N 0821137146.9911W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 61.07 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Un-named tributary 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins.. The River Basin map is available at http://,h2o.enr.state.nc.us/admin/mapsr'.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is covered in brush that is located beside a gymnasium and surrounded by other businesses. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Piping of creek to be able to develop property, construction will be done by use of a backhoe 11. Explain the purpose of the proposed work: In order to develop property. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: The impacted wetlands will consist of the part of the stream that is being piped and the remainder of the stream that is located within the watershed A portion of the property lies within the floodplain. However, the site itself does not lie within the floodplain. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Flo 0 plain** es/no Distance to Nearest Stream linear feet Type of Wetland*** i Piping 0.007 No 0 Freshwater tributary • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplain are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://wtivwSema.!Zov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.013 acres Total area of wetland impact proposed: 0.007 acres of wetland on project site 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) 1 Piping 147 ft Un-named tributary 2 feet Perennial • List each impact separately and iden'tify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. •• Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1400-358-9616, or online at www.u,i,sszov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tapozune.conil www.map tQ,,t.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 147 ft. Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wat) ( applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed pipe has been sized to carry the 100-vear storm event. By vivine the creek. the owner will now be able to develop the property. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://l12o.enr.state.nc.us/newetiands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://li2o.enr.state.ne.usiwrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) Does the project involve an xpenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083. to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Require ents), or other (please identify )? Yes ? No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The site is currently undeveloped. It is currently covered in pervious shortgrass. After construction, the site will mainly consist of buildings and parking lots. XU. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The site will be serviced by gravity sewers. XIII. Violations (required by DWQ) Is this site in violation of D Q Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact pe application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). U ff 11 J. RZ 7-16, C-'_? Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 C AVA N A U G H Solutions throueh inteeritv and bartnershib Project # 3, 03. Qa 4 Sheet # of Designed by Date Checked Date !_'pG Flow C4 ?GS Areo. I C)7 a,c re 5 ;k-6-7,0 Jonerv, ou4 s ? 0,95 • ?alG. .S1o?e 56o/o IF S?ole 766o - 1390 _ _ _ _ US??? `eVe?o4 of ove Fl "„l"'cart l slo / 3%b; *rrar n 15 be jx "-ftsk Iv low a„d "sAor t y nos Ye?oc; x ;Z, DS' - Ti. - sb (t `r`o , AV S:n? ``/1a:n 7?tll„fns; by rv+as y tire. _ 7if'D a S year- -? ? ?o. ?6as?Ca. 6o)(i(?7) = ? a9 ??s 5-0 year- r .eCAV6as)C07) . PV?4 eF5 lDo car -? ?.o fib. 6 s?C3.3o)C 1o7? = 16 3 6FS a Project # Sheet # of Designed by Date j? Checked Date ?!,e r?l Aeci 0 GAVANAU G H Solutions through integrny and partnership C0. OPE: ,z. = 0, 011 fyp A= irr"-= 20 7 ?tz L =:z 1T7- ` l?, y` 5= s1o = D, 0 !?7 ?3.. ? I???• o7?C.1S,??S?D.03?28b,?i. ? D. 011 Q3 ?C 6F5 6{? I?.. ;L =t?,6tt Q00 =/6,3 Cl=s a o? t ?9 cis ??ayc. 7 Q?oo • o ? ? ? ?pP? t?' neck ?ooJ?•r ?, rq Notes QlvRCF = X6.1 `7"' RCP w; it work Qy?P = 12 (, G Corr, Sao{ N?a? ?y?'l`!I w?,?'? r 3 *.Y i 1s 41 I. r? a 9 m CL 0 w t Veb6w (ft/s) Fton 12.7 Average velocity of overland flow ([Mm U.S. SCS, 1975b). After a maximum of 300 ft, sheet flow usually becomes shallow concentrated flow. The average velocity for this flow can be determined from Figure 12.7 using the land slope and -the type of soil cover. The travel time for shallow concentrated flow is the length divided by the average velocity. Open channel is assumed to begin where a channel form is visible from field investigations or on aerial photographs. Manning's equation of open channel flow is used to determine the average velocity and the travel time therefrom. Whenever a drainage area consists of several types of surfaces, the time of concentration is determined by adding the times for different surfaces. Example 12. An urbarnzed watershed in Providence, Rhode Island, is shown in Figure 12.8. Deter- mine the time of concentration to point C by the various methods. The average velocity Of flow in storm drain = 1 m/s. j Sec. 72.7 Rational Method t25 jl 1. i? Y RAINFALL INTENSITY CURVES ASHEVILLE, NORTH CAROLINA 2 YEAR THRU 100 YEAR 5 MIN THRU 24 HR STORM DURATION Stone Return Per iod -Years Duration 2 YR 10 YR 25 YR 50 YR 100 YR 5 MIN 4.10 620 7.10 8.00 9.30 10 MIN 3.00 4.55 5.20 5.90 6.70 15 MIN 2.70 3.90 4.40 4.90 5.70 20 MIN 2.30 3.40 3.80 4.10 4 80 30 MIN 120 2.80 3.00 3.50 . 4.00 40 MIN 1.60 2.35 `77 - 260 330 50 MIN 1.40 2.00 2.20` 2.50 2.W 1 HR 1.20 1.80 2.00 2.20 2 55 2 HR 0.65 1.00 i .30 1.50 . 1.60- 3 HR 0.48 0.76 0.90 1.00 1.30 4 HR 0.38 0.61 0.72 0.80 0.95 5 HR 0.32 0.52 0.60 0.70 0.80 6 HR 027 0.46 0.53 0.60 70 0 8 HR 0.23 0.38 0.44 0.50 . 0.58 10 HR 0.19 0.32 0.38 0.42 0.50 12 HR 0.18 029 0.33 0.38 0 45 18 HR 0.14 0.23 0.26 0.30 . 0.36 24 HR 0.12 0.19 023 026 029 Date Prepared: February 3, 1998 By: W.L Morris, Jr. Source Data N.C. Sedimentation Control Design Manual v 08118.1 m 4061 mnv ro 14.L,%IO J 01 -rw .c•t j-x \kA ANN 3IZ ti ti oil 0 w 00 BANKS-WEST PROPOSED DEVELOPMENT WITH PIPEING OF TRIBUTARY CAVANAU G H so?udom 4 - r ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director August 29, 2003 Mr. David Baker U.S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 SUBJECT: Mike West 404 Permit Application Culvert for Commercial Site - Unnamed Tributary Hominy Creek Buncombe County, North Carolina Dear Mr. Baker: Cavanaugh & Associates, on behalf of Mr. Mike West, is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. I have reviewed information provided by the applicant, and I am familiar with habitat values of the project area. A site visit was made on August 28, 2003 to further assess the potential to adversely impact fish and wildlife resources. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to culvert 147 feet of an unnamed intermittent tributary of Hominy Creek to facilitate commercial development. The Division of Water Quality classifies this reach of Hominy Creek as C. This stream is not designated as trout water by the NCWRC. It is the opinion of biologists with the NCWRC that this stream is not of sufficient size to support trout. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fag: (919) 715-7643 Mike West Culvert 2 Buncombe County, UT Hominy Creek August 29, 2003 We continue to be concerned about the cumulative and secondary impacts associated with culverting this length of creek to facilitate development. The continued culverting of intermittent and small perennial. streams result in adverse impacts to aquatic life in higher order streams. We are especially concerned about the adverse impacts from discharge of stormwater from impervious, surfaces from the commercial development facilitated by such piping. It is not clear from the application if the culvert includes stabilization at the outlet in the 147 feet of impact. The applicant is cautioned that the entire project including any stabilization should not exceed the 147 feet requested in this application. The NCWRC can concur with the issuance of a 404 permit for this project provided the following conditions are placed on the subject permit. Adequate sedimentation and erosion control measures must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting in conjunction with appropriate seeding should be used on disturbed soils adjacent to streams. 2. Culverts that are less than 48-inch diameter should have the floor of the barrel installed 20% of the diameter of the culvert below the level of the stream bottom.. Culverts that are 48-inch diameter or larger should be placed with the floor of the barrel approximately 12 inches below the stream bottom to allow natural stream bottom materials to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. 3. Under no circumstances should rock, sand, or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent landowners. 4. The culverts should be placed in a dry work area. Sandbags, flexible pipe, or other diversion structures should be used where possible to minimize excavation in flowing water. 5. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts live concrete should not be discharged to surface waters due to the potential for elevated pH. 6. A stormwater management plan to address quality and quantity of stormwater discharged from impervious surfaces should be implemented. Mike West Culvert 3 August 29, 2003 Buncombe County, UT Hominy Creek 7. Riprap placed for bank stabilization should be limited to the streambank below the high-water mark, and vegetation should be used for stabilization above the high water elevation. 8. Native woody vegetation (e.g., rhododendron, dog hobble, red maple) should be reestablished along any open channel that remains up and downstream of the culvert if vegetation is removed during construction. This will maintain streambank stability and provide canopy cover over the stream. 9. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546 ext 24. Sincerely, Owen . Anderson Mountain Region Coordinator Habitat Conservation Program cc: Mr- l n Bardrelenry and AssuciACS, C'OMVkant Mr. Kke West, Applicant U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 20B3l 1(1FB County Rtmcnmhe Quad FNKA GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Mike West t C wf` Address: PO Box 1424 Candler, NC 28715 v 4 ?003 T elephone No: (828) 215-8523 r. r. Zone: 44 UTM or LAT/LONG: North: 3934052 East: 647827 Size and Location of project (water body, road name/number, town, etc.)on Sardis Road, in an unnamed tributary to Hominy Creek near Candler, Buncombe County, North Carolina Description of Activity: to pipe approximately 150 linear feet of an unnamed tributary to Hominy Creek in conjunction with site preparation for commercial development. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NW39 Nationwide Permit Number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached August 29, 2003 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: Sentemher 3, ?003 Corps Regulatory Official: Deborah M. Miller Telephone No.: (828) 271-7980 Expiration Date of Verification: Sigitember 1, 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CC: Larry Barthelem, Cavanaugh and Associates, P.A., 11 North Market St., Suite 101, Asheville, NC 28801 CESAW Forth 591 Revised My 1995 C AVA N A U G H Solutions through integrity and partnership September 18, 2003 Todd St. John - NCDENR y 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Re: Mike West - Proposed Site Development Required Piping of Creek Buncombe County C&A No.: 3.03.024 Dear Todd, NERANDS14401 OSO11P SEP 2 2 2003 V4 1ATERQUA ITYSECTION As we discussed on the telephone, the U.S. Army Corps of Engineers is requesting that we obtain a Section 401 Permit in order to pipe an unnamed tributary to Hominy Creek. This development will require piping the tributary approximately 148 cubic feet so that the property can be developed. I have enclosed the following information for your review and approval. 1. Seven copies of the Preconstruction Notification Application. 2. Seven copies of the USGS location map. 3. Seven copies of the preliminary site plan. 4. A copy of the U.S. Army Corps of Engineers permit. 5. A copy of the North Carolina Wildlife Commission approval letter. 6. A check in the amount of $200.00 for the review fee. Please let me know if you have any questions or need any additional information. Sincerely, CAVANAUGH & ASSOCIATES, P.A. Larry K. Barthelemy, IV, P.E. Ikb:kmc c: Mike West G:WDWGS\03-024\Todd St. John NCDENR 090903.doc