19920052 Ver 1_COMPLETE FILE_19920101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Fnvironmental Management
S12 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. C()bcv, Jr., Secretary
MOGO Partnership
Richard H. Ozgood, Jr.
P.O. Box 128
Cashiers, NC 28717
March 6, 1.992
,corge "T: Everett, Mi.D.
Director
Dear Mr. Ozgood:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed parking lot and access road
Project #92052, COE #199200981
Jackson County
Attached hereto is a copy of Certification No. 2700 issued
to MOGO Partnership dated March 6, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Attachments
Sincerely,
'e rge T. Evere
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
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NORTH CAROLINA
Jackson Countv
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to MOGO Partnership pursuant to an application filed on the 5 day
of February, 1992 to construct an access road and parking area.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands adjacent
to Horsepasture River in conjunction with the proposed commercial
development in Cashiers in Jackson County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306,
307 of PL 92-500 and PL 95-217 if conducted in accordance with
the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 10 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 6 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
y?e rge T. Everett Director
WQC# 2700 ,(/
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
March 6, 1992
Action ID. 199200981 and Nationwide Permit
No. 26 (Headwaters and Isolated Waters)
MOGO Partnership
Attn: Mr. Osgood
Post Office Box 1298
Cashiers, North Carolina 28717

a
93
MAR 1 7199?_
WETLANDS GK!
WATER QUALITY S1
Dear Mr. Osgood:
Reference your application of January 21, 1992, for Department of the Army
authorization to fill an approximate 0.25 acre wetland for an entrance road
and parking area associated with the proposed Cedar Crossings Commercial
Center off Highway 64 in Cashiers, Jackson County, North Carolina. The
project has been coordinated with the NC Wildlife Resources due to its
proximity to trout waters.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
-2-
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit
authorization, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit will
remain authorized provided the activity is completed within 12 months of the
date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
pfbrth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Scott Sylvester, RLS
Post Office Box 1596
Chestnut Square
Cashiers, North Carolina 28717
IMPORTANT
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WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
4
Printed on Recycled Paper
A STATt y
'4„ aun. No'. ? f
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
February 20, 1992
MEMORANDUM
TO: John Do.rney
401 Certification
THROUGH: Forrest R. Westall.
Water Quality Regi n ervi-sor
FROM: William E. Anderson
Environmental Techni Li
SUBJECT: Action ID 1.99200981_
MOGO Parking Lot
Jackson County

This is a request to construct an entratir.e road and a parking area at a
commercial site near Cashiers. The site it a pasture next to Highway 64,
there is about; 0.25 acre of "wetlands" between the highway and the
Horsepastur_e River.. Since the site has been a pasture for many years,
there are none of the attribu.tes associated with productive wetlands.
The area has highway drainage for stor_mwater.. The restoration potential
is negligible.
Therefore, it is recommended that Water Qttn.l.ity Certification for this
project be issued.
If you have any questions, please let me know.
Interchan?? Building;, 59 Woodlin Place, A ievillc, N.C. 28801 • T lephone 7(M-251-6208
An Equal Opportunity Allirmativc Action Fmploycr
WETLAND RATING SYSTEM WORKSHEET
Project No. or description rp 199 ),009&,J MOGC)
Location
County 5a??so? Nearest road or town Cas?i? Qv_t -64E
River basin _5.x,.....1,
Nearest stream H,,,,feaaslZ„?e_ R. vex- and class ification' _T( '
Evaluator _ ?/_ E, Agency and address fVc. t)t1_ I-)IZ U

Date and time evaluated ?=? G via r ?i 17 19-t2- l D: Lf D 4 M
Major Wetland Type6We-r f(?ce ,'„ ) Approximate size of wetland system D. Rs acres
Approximate extent of wetlands in area IyA acres
within miles
Three most common plant species (in order):
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection? YES NO
Existing Conditions
Drainage
Disturbance
Restoration potential
Restoration value .&,,
Is site known to rovide habitat for rare, en danger ed or
threatened species? If so, list species obser ved or recorded.
Item No. Score (cir cle one)
I. Location/Landscape
1 Natural area buffer 5
2 Sensitive watershed 5 4 3 2 1
3 Dispersal corridor system 5 4 3 2 1
II. Ecological Values
4 Special ecological attributes 5 4 3 2 1
5 Wildlife habitat 5 4 3 2 1 0
6 Aquatic life 5 4 3 2 1
7 Water storage 5 4 3 2 1 0
8 Streambank stabilization 5 4 3 2 1 0
9 Removal of pollutants 5 4 3 2 1 0
III. Human Values
10 Outdoor recreation/education 5 4 3 2 1
11 Economic value 5 4 3 2 1 UO
Total score
Site description and notes: T(,;s
10 Hvy 6`t ea31- 0& cljk"evs.
D
w• t-, ,Sk .3 vez J"-' L Pas twe. Near
13
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890 r
a,`? ?,!r WILMINGTON, NORTH CAROLINA 28402-1890 n'yJ ?t 10 75?
IN REPLY REFER TO January 30, 1992
Regulatory Branch
Action ID. 199200981 1? ' r s C a
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of MOGO Partnership, represented by Mr. Scott
M. Sylvester, for Department of the Army authorization and a State Water
Quality Certification to place fill material in wetlands adjacent to the
Horsepasture River associated with construction of Cedar Crossing Commercial
Center, east of Cashiers, Jackson County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 27, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. ne Wright
hief, Regulatory Branch
Enclosure