19950057 Ver 1_Complete File_19950125

State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 1Y •
Division of Environmental Management
James B. Hunt, Jr., Governor ED E H N
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., RE., Director
January 25, 1995
Buncombe County
DEM Project # 95057
APPROVAL of 401 Water Quality Certification ADDITIONAL CONDITIONS
Mr. Danny Tolar
DOT
P. FILE COPY
P.O. Box 3279
Asheville, N.C. 28802
Dear Mr. Tolar:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
stream relocation at SR 2427, as you described in your application dated 9 January 1995. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2735. This certification allows you to use General Permit Number 031 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. DOT's
stream relocation guidelines shall be used for this project. 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.
Si r ly,
reston Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
95057.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
AM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
AM: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: _- IV. C.. ICEP%_ n,F 7 A/KPOK T-l T)(-)A1
2. Owners Address: P&X %'7 Al C • 2)W--)2-
3. Owners Phone Number (Home): (work):- 2292 u/4
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
'O.
?7urfi ??ic L, /V. C - 2?nz - -
5. Location of work (MUST ATTACH MAP). County: S.'
Nearest Town or City: _ 5hl q &&d IV,,) rl
Specific Location (Include road numbers, landmarks, etc.):-Slf
6. Name of Closest Strearn/River. f? Ft_ ?/ ?,?F f
7. River Basin: 5 ,,, JiJ(2zloA
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES QQ NO [ J
9. Have any Section 404 permits been previously'requcsted for use on this property? YES [ ] NOIN
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
i l() Iq -
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .05
??.
Drained:
Flooded:
Excavated. • O ' 19C_ _
Total Impacted: - / 0 l7 r -
4l-
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only):
IAI
13. Purpose of proposed work: /(: t l e tj 4e l) l f /i0 A/ /? > /V ..1
14. State reasons why the applicant believes that this activity rnus be carripdd out in well ds. Also, note measures
taken to minirysize wetland impacts. S E z-1?7- A Z30 mE , z L X":: CyT/ N N SS?i ?,[ 1
MZ A. LlfP= T21) Cc>?VTfol 6,1f6X,,Z) Al F .? f Z21'12-1Z 4 iTA71nn,? &Jj? Ae- U1111-1IFE?
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 crib a
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 FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histo
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 FORWARDED TO CORPS.
17. Additional information required by DEM:
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? 1\17l A)J
F. If applicable, what is proposed method of sewage disposal?
Owner's %nature Dat(

r] .
12. Description of proposed work (Attach PLANS-8 112" X 11" drawings only):
iA/
13. Purpose of proposed work: /?,J A/ / > /V Y/<
14. State reasons why the applicant believes that this activity n be camp out in well ds. Also, note measures
taken to minirltize wetland impacts. SF.. A 80 1/6 ?Ll hb-L) T/N4 A/eC<f55A0
M,54 (.,re- T,?-) (-,5) A) TI-01 I() A% F-- .? 0/ n?F JT4710A,? lcJi'/( Ae. 0141117F&
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine. Fisheries Servic
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or criti
habitat in the permit area that may be affected by the proposed project. Have you done, so? YES [ ] NO [
CDj4l/ 7 ?i C z? I-
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You arc required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histoJr
properties in the permit area which may be affected by the proposed project? Have you done so? YES ( J NO [
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. '
17. Additional information required by DEM:
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 island use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
Owner's nature Dai
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1
NOTIFICATION FORM 401 ISSUe1)
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION. TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TC
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater-than an average of one cubic yarn
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected specia
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must includ
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may' be authorized by the above listed nationwide permits that require notification, th
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed b
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engines
and no notice has been received from the District Engineer, and required state approvals have been obtainer
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination i
the activity will affect the coastal arcs.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until writtei
concurrence is received from the District Engineer. The time periods described above do not appl3
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marin
Fisheries Service (NMFS), and the Statc Historic Preservation Office (SHPO), as indicated below and on th
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certifrcatior
They am NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and N 40.
Certain nationwide permits were issued general certifications and require no opppliic?cadon. They am NWP 3, NWP 4
NW 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEW X; 25, NWP 27, NWP 32, NWP 3t
iwd NWP 37. •
Trip following nationwide permits were issued gcneral certifications for only limited activities: NWP 13 (for project
loss than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 1
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third am fill of waters c
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.

C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endang!red species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project:
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
401 DEM ID: Cl `J U ? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL Imo' ?V)v ?-
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME„
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 ` ! JAN
3 1995
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY r`
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: /V_ C - DE LCZ 02' TeA/V ?; Pb ' T4 T Y0 Al
2. Owners Address: _ PO_ ,aDX 3 Z' 7? 29h-V2-
3. Owners Phone Number (Home): (Work): 2 2L 21-1
/
/`fsrf??l/i4 /V- C - ?£OZ
.5. Location of work (MUST ATTACH MAP). County:_ NAM G
Nearest Town or City: .51418 &&d A&) H
Specific Location'(Include road numbers, landmarks, etc.): SR 04? ;z- Zzle5T
JPDAQ s? m, i 7n/Y2/-`7 S Z
6. Name of Closest StreanMver. C
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES QQ NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO IN
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0 AC -
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: s fJ?
Drained:
Flooded:
Excavated:
Total Impacted:
4. If Applicable: Agent's name or responsible corporate official, address, phone number,
12. /Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):.1
l' /1N 00f, l C' ?Ar1 ?7 F /
13. Purpose of proposed work: ? 1-2 101-e y e o f r eo ,, /,,/ ° _F b q N A o /V S-*Le- L12
14. State reasons why the applicant believes that this activitynus be carrt out in wetlands. Also, note measures
30 v f-' G Af(k2T/N4 ?/?c?SSfI/ Lt
taken to mininnize wetland impacts. A- 1T
/zns.0 n/ T ?F v? n? f 17A7?n n/ lip, / 6e U7?/ ?i1 6
7-,--) rd A/Tr0
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 crib al
habitat in the permit area that may be affected by the proposed project. Have you done so? YES ( ] NO X)
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 6!J°r rc> CvK'C..
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 FORWARDED TO CORPS.
17. Additional information required by DEM:
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 stormwatcr management plan is required for this project, attach copy.
E. What is land use of surrounding property? &M/(' 06 7-I%P,E A6?--Q U46 /V- 7) 9,?
F. If applicable, what is proposed method of sewage disposal?
Owner's SAnature Date

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