19950342 Ver 1_Complete File_19950330

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
1:3 F= F1
April 17, 1995
Madison County
DEM Project # 95342
APPROVAL of 401 Water Quality Certification
Mr. Danny Tolar
District Engineer
P.O. Box 3279
Asheville, N.C. 28802
FILE COPY
Dear Mr. Tolar:
You have our approval to place fill material in 0.08 acres of wetlands or waters for the purpose
of paving and widening of SR 1380, Fisher Branch Road, as you described in your application dated
24 March 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. 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 fora 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 Domey at 919-733-1786.
Sincerely,
1
#dn7ol?rdV,Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
95342.1tr
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
3
i STATE
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT I I I
GOVERNOR P. 0, Box 3279 SECRFI"ARY
Asheville, N. C.
March 24, 1.995 401 ISSUED
Mr. David Baker
U. S. Army Corp of Engineers
Regulatory Field Office
37 Battery Park Avenue
Asheville, N. C. 28801
SUBJECT: SR 1380, Madison Co.
Dear Mr. Baker:
We are providing a package of design sketches concerning
wetlands that will be impacted by this project. We have
enclosed a completed N. C. D. E. M application for your use.
We are planning on replacing or extending several pipes
in unnamed tributaries flowing into Fisher Branch, and also a
proposed channel change in Fisher Branch from Station 30+20
to Station 31+30. These are not high quality waters nor trout
waters.
Please review this material, and if additional
information is needed, please contact J. N. JarT-ett or myself
of this office at 704-298-2741,
Thank you for your cooperation and assistance in this
matter.
Sincerely yours,
T)"A y K . Td &/'
Danny) R. Tolar
District Engineer
cc: Mr. Eric Galamb, Div. of Environmental Management
Mr. David Yow, Dist. 9 Environmental Coordinator
DRT : JNJ : j rl j
0
-,1 ISSUED
LEM M: ACTION ID:
Nationwi 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
)Wlmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNI NG
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, ,
AND NATURAL RESOURCES P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORI}S OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Al C - __1)4p7D1'_% eXAIS Pd PTA 770 /t/
2. Owners Address: ?/3ox 32- 7 f , SIIZU/Z6,6 , /t / e _ Ze, Oz
3. Owners Phone Number (Home): (Work):
ASll.Gi«4, Al- C - 2?9?OZ
.5. Location of work (MUST ATTACH MAP/).. County: z
Nearest-Town or City: _ L??Ilff
Specific Location *(Include road numbers, landmarks, etc.): /wD
S_ le 1370 l/e,-- T 10 ?•vy ? f 17.14
le s
6. Name of Closest Stream/River.S?/f2
7. River Basin: /? 4,yc#
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NON
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO -J
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: , 63 /1C
Drained:
Flooded:
Excavated: Q %C
Total Impacted: ?C
4. If Applicable: Agent's name or responsible corporate official, address, phone number- -
12. Description of proposed work (Attach PLANS-8 lIl" X 11" drawings only): _ S?!/ErAr / ? Wipes
L_
13. Purpose of proposed work: T ?GG i ??/ fCt fe f/! j? We,5 ?G e7 lf'!-
14. State reasons why the applicant believes that this activi?Gmust carried out in wetlands. Also, note measure;
taken to mkiq ize wetland impacts. s?? ?980?/ DUi?ti,? ?/j/
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Sen
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or crit
habitat in the permit area that may be affected by the proposed project. Have you donip so? YES [ J NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. CoR I-C/ti
'y 7o- 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histc
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ J NO I
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? i c yr . ?es?D fir'
F. If applicable, what is proposed method of sewage disposal?
n R. ToL 3 -Z?-45
Owner's ignature D?
' i
N.C. I )I: I'nI z-I MI _NT t l -f*Il\N.---) )i l f Al ION
VI W"N (1 . I I IG I IWA
,I c :c ?Nl )nf 7Y I7OAD `-A)I'?Vi.-- y

f
1

DEPARTMENT OF THE ARMY
WILMINGTON
P.O. BOX 1890
..
NORTH CAROLINA 28402-1890
WILMINGTON, INA 8402!890 \? 50
REPLY TO
ATTENTION OF
April 28, 1995
Regulatory Branch
Action ID No. 199502533 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
North Carolina Department of Transportation
Division of Highways
Danny R. Tolar
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Tolar:
Reference your application of March 24, 1995, for Department of the Army
(DA) authorization to replace and/or extend several culverts in unnamed
tributaries to Fisher Branch and to construct a 110-foot channel change in
Fish Branch in conjunction with the upgrading of SR 1380, Fisher Branch Road
near Hill, Madison County, North Carolina. The project will impact less
tha /3 cre of Waters of the United States. The proposal has been reviewed
by he Nor h Carolina Wildlife Resources Commission (WRC).
For th purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code Fe eral 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached April 6, 1995 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide
permit.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].

Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Printed on G Recycled Paper
-e I _ _.
-2-
Copies Furnished (without enclosure):
VJohn Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
NC WRC
David Yow
57 Hilltop Road -
Asheville, North Carolina 28803