19940811 Ver 1_Complete File_19940829

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James. B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
? E H N R
A. Preston Howard, Jr., P.E., Director
September 6, 1994
Henderson County
DEM Project # 94811
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Larry Cordell
Bridge Maintenance Supt.
20 Old 74
Asheville, N.C. 28803 FILE COPY
Dear Mr. Cordell:
You have our approval to place fill material in 500 squar feet of wetlands or waters
for the. purpose of seditment excavation at SR 1779, as you described in your application
dated 24 August 1994. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2733. This certification allows
you to use Nationwide Permit Number 18 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. Applicant is reminded that NW Permit #18 is limited
to 25 cubic yards of fill. 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 30 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.
Sincerel
ston Howard7J)'E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files 94811.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Y?Y
JAMES B. HUNT, JP,
GOVERNOR
M ?TFq
VVULAI'WJ ? uur
STATE OF NORTH CAROLINA WATER u!ALITY SE TE^N?
DEPARTMENT OF TP.ANsPORTATION
DIVISION OF HIGHWAYS R. SAMUEL HUNT III
Aug" 24, 1994 SECRETARY
401ISSUED 401ISSUE® J
L dge M?? dett
20 OZd 74
A-shevitte, NC 2 8 8 0 3
Wt. John Donney
Oaten, Qu 0-,Uy Pt ann i.ng
D-i..v-i..6,i.on o4 Env-i.n,onmentat Management
NC Dept. o4 Env-i_n.onmenta-t, tiea2th and Na#uAxr t R"ou,lces
P.O. Box. 29535
Rate.Lgh, NC 27626
Dean, WG. Donney :
The i3n i.dge Department pAopo-se6 the 4o.2,2.ow-Lm9 work,:
County: Hendenz on
134 i.dge: 95-202
Rowe: SR 1779
Pn.o p o-sa.t : Excavate ap p&ox i,.ma#.et y 37 cub Lc, yan..d.6
o4 -6e.diment oven, a 500 -6qua to doof anew
-Ln, K-Lmg C&eek, at -the -,LnP-et e.nd ob m 121
w 9' bow cj.Uvv_rtt Lm order, to i mp&ove
drainage t ,,Lough cutvent.
Encto-sed 4,6 Na*.i.onw.,Lde Pu mit No. 18 on Asa Ld pn,o j ect atong
wZt.h apptLcatLon. I woutd appn.eciate youvc pn,ompt attention to
th. i. mgike-st.
SJi..nce.n.e-2y ,
?- j, ?OO
La .,Ly J. Condett
t3n,i..dge Maintenance. Su pen. Lntenden.;t
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DEM ID: q 10? ' UED
ACTION ID:.
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR6NITA?_( t 'V
P.O. BOX 1890 AND NATURAL `RESOURCE
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-053 2 9
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] g _
n c+t uttti I i Jtt;! IUI;
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO'"THE'-+° v- ??..
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT:
1. OWNERS NAME : JA/G 00 -r
2. OWNERS ADDRESS: Z? OCI 7
3. OWNERS PHONE NUMBER (HOME): (WORK): Z cl
4. IF APPLICABLE: AGENT'S NAMER RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: ,PJ
5. LOCATION OF PLANKED W K (ATTACH MAP).
COUNTY:
NEAREST TOWN OR CIT
SPE?IFIC CAT?ON (IN CLUD ROAD NUMBERS LANDMARKS, ETC.) : S i2 ?.7
6. NAME OF CLOSEST STREAM/RIVER: ?/lc ( ,?'?C/?
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHE CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NOJ
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
S7Z) U
7/Z/W
AV ?" .4
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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
_ 9 S',
TOTAL IMPACTED: S'O O -t-
12.
P T3'.*
PTION OF PROPOS D WORK ATTACH PLANS
.S ?
E *'PROPOSED WORK: _ v

14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKE TO MINIMIZE WETL
IMPACTS. :7a ,_??9? rccc s - c,
15. YOU ARE REQUIRED TO CONTACT-THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. -
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ )' NO [
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DE14:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS'PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPO AL?
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STATE OF NORTH CAROLINA SUBJECT fFor?la?df :2-41? 0 Z PROJECT ?• ??/
DEPA9RIIIENT OF TRANSPORTATION
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DIVISION OF HIGHWAYS
HIGHWAY BUILDING PREPARED BY DATE STATION
P. O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHEET4 OF_
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Regulatory Branch
JjotM
OF THE ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 12, 1994
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Action ID No. 199404040 and Nationwide Perm ischarges)
Mr. Daniel D. Holderman E
l
State of North Carolina ;/ E D
Department of Transportation
2 ?(a?1
1296 Prison Camp Road J
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M(JG
Newton, North Carolina 28658 ,
.
.. 1?, 1994
Dear Mr. Holderman:
Reference your July 29, 1994 application for Departtttenf
authorization to excavate approximately 37 cubic yards of sediment' ff? 0
square foot area in King Creek at the inlet end of a 12 foot by 9 foot x
culvert on SR 1779, near Hendersonville, in Henderson County, North Carolina.
The purpose for the project is to improve drainage through the culvert. All
excavation will be performed from the streambank and excavated material will be
disposed of at a contained, upland location. Any discharge into the creek as a
result of the excavation is expected to be minimal. This project has been
coordinated with the NC Wildlife Resources Commission (WRC).
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, pursuant to
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act,
was provided for discharges of dredged or fill material into all waters of the
United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a special
aquatic site, including wetlands. For the purposes of this nationwide permit,
the acreage limitation includes the filled area plus special aquatic sites that
are adversely affected by flooding and special aquatic sites that are drained so
that they would no longer be a water of the United States as a result of the
project;
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided you
receive a _Section- -4'Or--water'gual t-y--certification from the North Carolina-.
DivisiQff- of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain othe
required State or local, approval......
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also, this
verification will remain valid for the two 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 two years, the nationwide permit authorization 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, activities which
have commenced or are under contract to commence, in reliance upon the nationwide
permit, will remain authorized. This is provided the activity is completed
within twelve months of the date of the nationwide permit's expiration,
_
modification or revocation.
F? 151}9
-2-
Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wrig
Chief Regula ry Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. David Yow
NC Wildlife Resources Commission
57 Hilltop Road
Asheville, North Carolina 28803
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt* the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible- inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No,.activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed.species or critical habitat might
be affected or is in the vicinity.of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of

CL7-GCWN
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the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries"Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permi tee has reason to
believe may be eligible for listing on the-National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may ,
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is:required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification, must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of.the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

-3-
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in the permit area that maybe affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
'(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency..
A. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
1
16. Suitable Material.
No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
-4-
20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or'the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
•

NATIONWIDE CONDITIONS
a. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
b. Acreage limitation includes the filled area plus special aquatic sites
that are adversely affected by flooding and special aquatic sites that are
drained so that they would no longer be a water of the U.S.
project. as a result of the
.
c. For discharges exceeding 10 cubic yards or the discharge is in a special
aquatic site, including wetlands, a 30-day notification to the District
Engineer (DE) is required. For discharges in special aquatic sites, including
wetlands, the notification must include a delineation of affected special
aquatic sites, including wetlands.
STATE CONSISTENCY CONDITIONS
a. If the proposed activity is within the North Carolina Coastal Area, the
applicant mast receive written concurrence from the North`Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Proqram,
b.' Should all or part of a proposed activity be located within an Area of
Environmental concern (ADC) as designated by the North Carolina Coastal
Resources c udssion, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting.an ADC be proposed by a Federal
agency, a consistency detertRination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before'the onset of the proper activity.
GME RAL CE R=CATION CONDITIONS
a. Written concurrence is required from the North Carolina Division of
Environmental Management (NCDEM) for proposed discharges of greater than 10
cubic yards of fill material or in any amount if located in special a
including wetlands, or if located in primary nursery aeas (PNAA)and
ing resource waters (ORW).
b. If written concurrence is not issued
Environmental ?? by the North Carolina Division of
Bement (NCDEM) within 45 days from receipt of a complete
application by NCDEM's lion 401 Certification office in Raleigh then
Section 401 Certification is waived for this Nationwide Permit unless
additional information is requested in wri
designee. ting by the Director or his
c• Established sediment and erosion control practices shall be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NIU's in streams and rivers not designated as trout waters
Carolina Division of Environmental Mana by the North
ggtnent (NCDEiN) , 25 NIU's in all
saltwater classes and all lakes and reservoirs and 10 NTUfs in trout waters).
d• Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this Certification in
order to ensure cOrnpliance with.all applicable water quality and effluent
standards.
f. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall
Years from the date of the cover letter from the North Carolina expire
Environmental Management.
of

C17-18