19970042 Ver 1_COMPLETE FILE_19971201

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 16, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702007
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Enclosed is the application of the Henderson County Parks and Recreation
Department for Department of the Army authorization and a State Water Quality
Certification to fill approximately 1.15 acres of wetlands for the purpose of
constructing a ballfield. 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 is 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, in most cases, 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, or asked for an
extension of time, by March 7, 1997, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Steve Chapin in the
Asheville Regulatory Field Office at [phone].
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
APPLICATION ) DEPARTMENT OF THE ARMY PERMIT
f33 CFR 325/
OMB APPROVAL NO. 0710-003
Expires October 1996
Public reporting burden for this collection of Information is estimated to average 5 hours per response, Including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send
c' -imments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permitsFAUthodkirto activitl6a; Ihy dP fffylcting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United Stgtee, and the triintportafi6n,. f dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the applicatic
for a permit. Disclosure: Disclosure of requested information is voluntary. If information Is not provided, however, the permit application cannot
processed nor can a permit be Issued. cc
c•• t'? 7 I„ 7iJ
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
//TFMC 1 Ttwl i w rn _ _-
1. APPLICATION NO, 2. FIELD OFFICE CODE 3. DATE RECEIVED
5. APPLICANT'S NAME
Henderson County
-Larry C. Harmon,
6. APPLICANT'S ADDRESS
4. DATE APPLICATION COMPLE
Parks & Recreation 18. AUTHORIZED AGENT'S NAME AD-TITL[: linapenkisnot:rrquKSr/l
801 Glover Street
Hendersonville
NC 28792
AGENT'S ADDRESS
a., "w to = office [phone] a. Residence
b. Aosaem fax [phone] b. Business
' TAT M AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Jackson Park Ballfield # 11
13. NAME OF WATERBODY, IF KNOWN 0/sppllcee/el
reek
15. LOCATION OF PROJECT
Henderson County NC
COUNTY STATE
14. PROJECT STREET ADDRESS (ifoppllceb/e)
ltd. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Iseelnstructlonsl
site is adjacent to Mud Creek and Ballfield # 8 in Jackson Park
17. DIRECTIONS TO THE SITE From US 64 in Hendersonville (look for brown signs to park),,
turn off US 64 onto Ashe St. heading South 2 blocks, turn left into park, go ?
go over Mud Creek on bridge, turn right on the first gravel road on the right,
site is 500ft ahead on right
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PARKS & RECREATION DEPARTMENT
HENDERSON COUNTY,
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Mitigation Effort For Ballfield #11
As part of our mitigation efforts for the 1.15 acres of wetland to be filled in the
construction of ballfield #11, an area 400 x 400 ft. sq. equivalent to 3.65 acres will be set
aside unto perpetuity. This area will be located between Jackson Park Rd. and the
proposed ballfield #11 (figure 1). This area will be managed in such a way as to
encourage the continued presence of the American Woodcock which uses this area for its'
mating ritual and other song birds and animals. The management of this area will involve
bush hogging once or twice a year to keep the vegetation as low brush and prevent
regeneration. Keeping the area as low brush will encourage the birds and animals to use
the area.
. ; VQ- Lf ? 9
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
Asheville Regional Office
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WATER QUALITY SECTION
February 11, 1997
MEMORANDUM
TO: John Dorney, Supervisor
Ecological Assessment Group
FROM: Paul R. White, P. E. 4,_ V
Environmental Enginee
THROUGH: Forrest R. Westall
Water Quality Regiona pervisor
SUBJECT: 401 Certification Request
Henderson County Parks and Recreation
#970042
Henderson County
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Enclosed is a letter from Larry Harmon, Director of
Henderson County Parks and Recreation, verifying that the
impacted area for the wetlands requested to be filled is 0.95
acres. It is understood that no mitigation is required by our
rules for this acreage, although the applicant is providing
mitigation for the project under COE jurisdiction.
This completes the information requested and it is
recommended that the 401 Certification be issued.
If you have any questions, please call.
Interchange Building, 59 Woodfin Place I,P* FAX [phone]
Asheville, North Carolina 28801 a? C An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 50% recycles/ 10% post-consumer paper
.4
Henderson County Parks and Recreation Department
801 Glover Street
Hendersonville, North Carolina 28792
Administration 704-697-4884
FAX [phone]
February 7, 1997
FEB 0 /
Mr. Paul White, Environmental Engineer
Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Dear Paul:
As per our conversation yesterday, we wish to submit a modification of our calculation of
wetlands that would be affected by possible filling for ballfield #11 at Jackson Park. In
our original estimate, we figured the wetlands amounted to 1.15 acres. This is an over
approximation and in actuality the area is less than one (1) acre.
As we discussed, in our original calculation we increased the size of the wetlands area
marked by Steve Chapin, U. S. Army Corps of Engineers, in order to square up the sites
and so the square footage would be easier to measure. In the process, we over estimated
the size of the wetlands areas. Therefore, in re-calculation we have determined the
wetlands that would be impacted amounts to approximately. 95 acre.
1 wanted you to have this information before you made your determination of certification
for the project. Thank you in advance for your cooperation.
Sincerely,
Larry rHa o n
Parks & Recreation Director
LCH:dle
cc: Mr. Steve Chapin, U. S. Army Corps of Engineers

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199702007 January 16, 1997
PUBLIC NOTICE
THE HENDERSON COUNTY PARKS AND RECREATION DEPARTMENT, 801 GLOVER STREET,
HENDERSONVILLE, NORTH CAROLINA 28792 has applied for a Department of the Army
(DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY 1.15 ACRES OF WETLANDS AT
JACKSON PARK, OFF OF JACKSON PARK ROAD, IN HENDERSONVILLE, HENDERSON COUNTY,
NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a representative
of the Corps of Engineers. Plans submitted with the application show that the
applicant proposes to fill an approximately 3.67 acre area adjacent to Mud Creek
in Jackson Park. Of this 3.67 acres, approximately 1.15 acres of the area is
jurisdictional wetlands. These wetlands have been impacted by repeated bush
hogging and mowing for many years prior to submittal of the permit application.
The applicant plans to fill the 3.67 acre area with dirt to raise the elevation
to above flood levels. Adding fill will bring the site up to the level of the
adjacent access road and existing Ballfield #8. The purpose of the project is
to raise the level of the site and construct a new ballfield. The applicant has
determined that the ballfield is needed to accomodate increased demand in the
county for softball playing areas. In order to offset the loss of the 1.15 acre
wetland area, the applicant is proposing to preserve an adjacent 3.65 acre
wetland area and enhance and manage the area for the American Woodcock. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine the
need for the applicant to obtain any required State authorization. No Department
of the Army (DA) permit will be issued until the coordinated State viewpoint on
the proposal has been received and reviewed by this agency, nor will a DA permit
be issued until the North Carolina Division of Environmental Management (NCDEM)
has determined the applicability of a Water Quality Certificate as required by
PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with particularity,
the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is *not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District

-2-
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical data
may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the
proposed activity will affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the
probable impacts, including cumulative impacts, of the proposed activity and its
intended use on the public interest. Evaluation of the probable impacts which
the proposed activity may have on the public interest requires a careful weighing
of all those factors which become relevant in each particular case. The benefits
which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize
a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization
of important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain values
(in accordance with Executive Order 11988), land use, navigation, shore erosion
and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the
United States, a permit will be denied if the discharge that would be authorized
by such permit would not comply with the Environmental Protection Agencies,
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed activity.
Any comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make
this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of
an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used
to determine the need for a public hearing and to determine the overall public
interest of the proposed activity.
V
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Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army
(DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North Carolina
Division of Environmental Management (NCDEM), Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after February 7, 1997.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North Carolina
Division of Environmental Management (NCDEM), 4401 Reedy Creek Road, Raleigh,
North Carolina 27607, on or before February 7, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m.,
February 14, 1997 or telephone [phone].
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Mitigation Effort For Ballfield #11
As part of our mitigation efforts for the 1.15 acres of wetland to be filled in the
construction of ballfield # 11, an area 400 x 400 ft. sq. equivalent to 3.65 acres will be set
aside unto perpetuity. This area will be located between Jackson Park Rd. and the
proposed ballfield #11 (figure 1). This area will be managed in such a way as to
encourage the continued presence of the American Woodcock which uses this area for its'
mating ritual and other song birds and animals. The management of this area will involve '
bush hogging once or twice a year to keep the vegetation as low brush and prevent
regeneration. Keeping the area as low brush will encourage the birds and animals to use
the area.
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MEMORANDUM PRINT NAMES: -
Reviewer: L, c_ l
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH'' DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 97 PERMIT NO: 0000042 COUNTY: HENDERSON
APPLICANT NAME: HENDERSON CO. PARKS AND RECREATION
PROJECT-TYPE: RECREATION PERMIT TYPE: IND.
COE J: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 01/21/97
REG_OFFICE: fft
RIVER-AND-SUB-BASIN-#: 71 - U3 - 0.2,
STREAM-CLASS: l
WL_IMPACT?:(?) N
WL_REQUESTED: ,I S weres
WL_SCOREM : `f3
MITIGATION?:r/N
/ e-
MITIGATION_SIZE: car 3, (? S
STR_INDEX_NO : (;? S S
gi??9 r?l <
F
L?
u'
WL TYPE : ?3?TTal?? L!1 J.?l? N/J?Du>oc9/?
WL_ACR_EST? : 3)IN
WATER IMPACTED BY FILL?:(? N
MITIGATION-TYPE: PIZ 5 e MI1 TiDA/
DID YOU REQUEST MORE INFO?:(Y
IS WETLAND RATING SHEET ATTACHED?: ON
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:ON

RECOMMENDATION (Circle One): ISSUE ISSUE /CO DENY
COMMENTS: Tr?cS f)ckut beet re?titovvk, theex i5 riLwc?' / L- /yr,
-/Tl??li c4c?T°` j1 S 4U6e1(-' C X( ci'teIS oklir/cr4' 4l? (-0-- ?LPr E?cp, e 4PO, cce/ou 4 Lo/i ,
Adu,a ( ccrec, i 5 ? SS , A PP/1 Ca if c? ; II re fiieaS U/,e ? I1U4,4y ot4dl e_&y 107.
?[vC?IG6?.? Cf{''E'Ce (.C(I ?lf-ely ?? ? ? LFCIr /'C?y(C//D-(?lU l k'l?l/rl?/t(?rO/1. ??/?D?/

Nod- : &t-rn-j 1c,cte(,4 ?,e'tw-e (- n ec,rff_ J,11,a Lr?
Zc: Regional Office
Central Files
~ Fourth RATING WORKSHEET Version ;
"
III-eject 1111111( 1, WA yu
!(6Ncal-est road-JAX5W AIV UCCT{/ oL
0County qC-(UJe-/?;O O Wetland area Acres Wetland width feet
Name of evaluator PHIAL Wjgl`TE I?ate_ l- 31 -'L7
?Wetland locaYion?; _ Adjacent' land `use ;
(within, 112 ? mile ` upstream; upslope, ;
?on pond or lake or radius) ,.
ori" erenniai stream "
L] forested/natural vegetation o:

oil"jnterm>trant st:reani
F

? agriculture urban/suburban %
?within interstrearndivacle ?
? impervldus surface
? other
Dominant vegetation

Soil series
a (2) S r
? predornh,anCly,, organic ?- humus,
.? muck, or Peat ..
predominantly' mineral - non-sandy
Flooding and wetness
r predominantly sandy
, ? ? semipermanently: to permanently .
fluoded,or inundated
?Iydrattlic factors [? seasonally,. f1©oded or inundated

? steep topography intermittently flooded or, tell?porary

ditched or, channelized_- surface water
i ? total wetland width lbo feet ? no evidence,of -flooding>or surface
.
water ,

Wetland type (select one)*
Bottomland hardwood forest(/(/') Y) c?Rl?G ? Pine savanna
? Headwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen '.
? Wet flat ? Ephemeral wetland
? Pocosin ? Carolina Bay
? Bog forest ? Other
The rating systeI i cannot be apl)lie(l to sill or 1)racki sh m arslles or stream cliannels
weight

Water storage
x 4.00
= t
l
We [land Score
Bank/Shoreline stabilization x 4.00
Pollutant removal f?T l * x 5.00
' Wildlife habitat ?= 3 x 2.00 =
Aquatic life value x 4.00
ll\?
ll\
Recreation/Education
? x 1.00
=
Add 1 point if in sensitive watershed and > 10% nonpoint disturban ce within 112 mile upstream, upslope, or rac ius ,

/?I I M North Carolina Chapter

RF0EiV
F
60
fe 0
Regional
Groups F
.6 199 j 58 Newton Drive
??C
NryTAiSC Durham, NC 27707-9744
"
Blue Ridge
Boone Attention: Mr. John Dorney
Broad River Not1h Carolina Division of Water Quality (NCDWQ)
Shelby 4401 Reedy Creek Road
Cape Fear Raleigh, NC 27607
Wilmington
capital SUBJECT: State Certification under the Clean Water Act --- Fill in Jackson Park, Henderson
Raleigh County, N.C. by Henderson County Parks and Recreation Department.
Central
Pledrnont Action ID No. 199702007 - Department of the Army, Wilmington District, Corps of Engineers.
Charlotte
Cypress This is a request for denial of the Water Quality Certificate for the above-referenced
Greenville project, 'Mis request is on behalf of the North Carolina Chapter of the Sierra Club and its
Foothills membership.
Winston-Salem
HowRlver According to the Public Notice from the Corps of Engineers, the applicant proposes to fill
Burlington approximately 3.67 acres adjacent to Mud Creek in Jackson Park, in order to raise the elevation of
the site to above flood level, for construction of a new ballfield "to accomodate increased
Headwaters
Durham demand in the county for softball playing areas." According to the Public Notice, approximately
1.15 acres of the 3.67 acre site is jurisdictional wetlands.
Horace Kepsrt
Fayetteville
The Corps Public Notice states: "In order to offset the loss of the 1.15 acre wetland area,
Medoc the applicant is proposing to preserve an adjacent 3.65 acre area and enhance and manage the
Rocky Mount area for American woodcock."
Pledtnont
Plaette s?oro Materials attached to the Public Notice by the applicant, labeled "Mitigation Effort for
Ballfield #11, state: "The management of this area will involve bush hogging once or twice a
Pisgah year to keep the vegetation as low brush and prevent regeneration. Keeping this area as low
Brevard brush will encourage the birds and animals to use the area."
Research
Triangle REASONS FOR DENIAL
Chapel Hill
sandhills (1) The applicant's proposed mitigation fails to comply with T15A: 02H.0506 (h) (6) of
Southern Pines the North Carolina Administrative Code (in Section .0500, Water Quality Certification), which
south states:
Mountains
Morganton "All mitigation proposals shall pmvide for the replacement of wetland acres lost due to
tWEHOCA the proposed activity at a minimum of a 1:1 ratio through restoration or creation prior to
Asheville utilizing enhancement or preservation to satisfy the mitigation requirements, unless the
Director determines that the public good would be better served by other types of mitigation."
ilsw To cTfore, enjoy, and protect the wiGf places of the earth;
to practice and promote the nsponsib(e use of the earth's ecosystem and resources...
s
The applicant's proposed mitigation fails to comply with (h)(6). Restoration or creation
alternatives have not been analyzed or demonstrated in any way whatsoever, according to
material in the Public Notice.
(2) The applicant's proposed mitigation fails to comply with TI 5A: 02H .0506 (h)(7)
The rule at (h) (7) outlines mitigation ratios based on distance from streams. According to
Figure #1 or 4 in materials attached to the Public Notice, 'Wetlands Area #3" is almost entirely
within 150 feet of Mud Creek, a perennial creek in the professional opinion of this observer,
illustrated as such on the most recent USGS 1:24000 map, and described as such in numerous
places by the NCDWQ. All areas of proposed wetland fill illustrated in Figure #1 of 4 appear to
be within 1000 feet of Mud Creek.
The mitigation ratio proposed for these proposed enhancement and preservation action
approximately 3:1 in each category, is significantly less than what is mandated in the
Administrative Code. Ratios required by (h)(7) appear to be: for enhancement/ preservation:
8:1/20:1 for areas within 150 feet of Mud Creek; 4:1 /10:1 for areas between 150 and 1000 feet fror
Mud Creek. These ratios appear to apply here because: this is not a linear project; and, the
applicant has not cited use of any "approved mitigation sites where the state and federal review
agencies have approved credit/ debit ratios."
Based on the applicant's maps and materials, these actions would require enhancement
of between 6 and 7 acres of existing jurisdictional wetland, or preservation of between 14 and 15
acres (acreages are approximate), It is not clear from the applicant's materials if the 3.65 acre
"wetland area" to be preserved and enhanced is entirely jurisdictional acreage.
(3) In addition, the applicant does not demonstrate how biannual bush-hogging qualifies
as habitat enhancement for the American woodcock. No proof is offered that the woodcock
occurs in this location, or that 'low brush" is needed as habitat for any woodcock which might
possibly occur in this location.
(4) Further the preservation activity presented as mitigation simply proposes that no
further development beyond bush-hogging (which is defined as "preservation") would occur or
the fill site. This preservation activity is completely without regulatory significance if the land i
already in ownership of Henderson County Parks and Recreation, which it appears to be (Map
analysis, and personal observation). See.0506 (h) (7) (D), definition of "preservation"
["protection of wetlands through purchase, donation, or conveyance of a conservation easemen
to an appropriate government or non-profit agency for management"].
1hank you for your attention to this request for denial.
Sincerely,
Edward C. Harrison
Wetlands Chair, Sierra Club, North Carolina Chapter
.. 11
State of North Carolina
Department of Environment,
Health and Natural Resources Ar4i •
Division of Water Quality
James Hunt, Governor p E H N?
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 13, 1997
Mr. Larry Harmon
Director
The Henderson County Parks and Recreation Dept.
801 Glover Street
Hendersonville, NC 28792
Dear Mr. Harmon;
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed ballfield creation
WQC Project #970042, COE #199702007
Henderson County
Attached hereto is a copy of Certification No. 3132 issued to Henderson County Parks and
Recreation Department dated 13 February 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
lst-ol-n HcfVvard, Jr. P E.
Attachments
970042.wgc J
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Ed Harrison
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Teleohone 919-733-1786 FAX # [phone]

NORTH CAROLINA 401 WATER QUALITY 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
Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500 to Henderson County Parks
and Recreation Department resulting in 0.99 acres of wetland impact in Henderson County
pursuant to an application filed on the 16th day of January of 1997 to place fill in wetlands to
create a ballfield.
The application provides adequate assurance that the discharge of fill material into the waters
of Mud Creek in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised 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 below. 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, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) are
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs) in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse;
4. Measures shall be taken to prevent live or fresh concrete from coing into contract with
waters of the state until the concrete has hardened;
5. If total wetland fill exceeds one acre, compensatory mitigation at a 1:1 acreage ratio of
restoration or creation will be required.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
111.
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
276 1 1-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 13th day of February, 1997
DIVISION OF WATER QUALITY
1
.Pre n o d, Jr. P E.
WQC #3132