19990133 Ver 1_COMPLETE FILE_19990212

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
•
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 23, 1999
Avery County
DWQ Project # 990133.
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Edgar Tufts Memorial Association
PO Box 98
Banner Elk, NC 28604
Dear Mr. Ratliff:
You have our approval, in accordance with the attached conditions and those listed below, for the purpose of lake dredging,
as you described in your application dated February 12, 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number
26 when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA pem-dt expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. 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 in the
attached certification and any additional conditions listed below.
1. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds
(T 15A:04B.0024).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 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 Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Dorney
Central Files
990133.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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PRE-CONSTRUCTION NOTIhIQ&q
NOR NATIONWIDE PHRMITS THAT REOUI:ItE
1) N0T1.FI(,A'1'ION TO THE CORPS OF ENClNl?I:RS
Ptl W- ATION FOR SECTION 401 CERTIFICATION
ULl%X SIIA"I'lOt1 tJT'1'PI 7'H I? NC llf.VISION OF COAS';
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FEB - L21999
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'Al-, I1ANAGEMLNT
SEND THE ORIGINAL AND (]_) COPY OF THIS COMPLE'1'CD FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF' ENGINEERS (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1 - 047NERS NAME c?a
f?1 G` 1 C J C 1 J O?
2- MAILING ADDRESS: 'KkJ' ?JOx LI
d3 --- SLDDIVISION NAME:
CITY: ?46NC-V- STATE: , ?\Iy C-
- ZIP CODS:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : RQQ?---
3. TELEPHONE ?? g p 8 q
I+- l ..:Z (FiOf[LI ----,??l (WORK)
4. APPLICABLE: AGENT'S N_1fiE OP, RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NTJIIIBER?
P bX 7 LL
o C)
5. LOCATION OF' WORK (PROVIDE A MAP, ,PREFEP--IDLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGP.APHY WITH SCALE)
COUNTY: NEAREST TOWN OR CITY: ]3: yA)Cp--
SPECIFIC LOCATION (I(I CLUI)E 1D ?v-CPMRERS, LANDMD=,RKS, ETC.)
Q rJ 1?'1 0 i N QJ -G- ?Q o c 1, -? yrf l r S y i'?
_ ?W ? . J g y _ off, ? - --
?LNS G(?z?r??c? ??vrr,c fZC-I.,???N cnrl?
6. IMPAC'T'ED OR NEAREST STREAM/FZIv,l?R: I GC:? ? ee
RIVER BASIN:
/,?. I:; PROJE(,'I LOCATED NEAR WATislt c'i,n: ;ll'll;l? A:; 'I'ItOU'I', I'1DAi, 7;AI,'I'WA'I'I?R
(:;A) HIGH QUALITY WATERS ( QW), OU'I'S;TANDI:NG Rls Ul1RCl: WA'1'I:It:; (ORW), WA'T'ER F >>
(W!; 1 OR WS - f I) ? yES ?U[ f LY
[ ( ) 11.1 YES, EXPLAIN: F-VcyZvO\\1' -b'C t;"
7b. IF '['li[: PROJECT IS -
LOCATED WITHIN A NORTH CAROLINA DIVISION OF COAS'T'AL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AE(') ;
YES [ ] NO [
x . 1 F Ttrl PROJECT I LOCATED WITIII:N A COASTAT,, COUNTY (SEE PAGE vf,
7 FOR LIST OF
(Y:)UNTIES) , WHAT IS THE COASTAL
LAND 11:;h PLAN (1,U1') DES IGNAT ION
8a . !'.AVr;: ANY SECTION 104 p ---- ---- ----- -------
- - - ----------
ERi,1I'1':; IlliliiJ P!?1iVIOI)SLy REQUESTED FOR USE ON THIS PROPERTY?
•r" 1': ; r 1 NO
r.F YES, PPZ:r?IDI' Ac'rloN
I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b, ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ 1NO11 [ ] IF YES, DESCRIBE ANTICIPATED WORK: Qf\)?
?v vc_ o,ry v.1oU "cccc,cu??. ? .
9A. ESTIMATED TOTAL NiJT4BER OF ACRES IN TRACT OF LAND:
92- ESTIMATED TOTAL NUMBER OF A<'RES OF WETLANDS ?? '?? ?? •
10A. NUMBER OF ACRES aOF4 - IRAN(I IMPACTED LOCATED ON PROJECT SITE:
ACTED BY THE PROPOSED PROJECT BY:
FILLING: \
EXCAVATION: J013v
F LOOD II C : D
OTHER:
TOTAL ACRES TO BE
l OB . (1) STREAM IMPACTED: ?C;?e
Cam'-NNEL TO BU IMPACTED BY THE PROPOSED PROJECT
DISTANCE BOTH BEFORE CIF RELOCATED, PROVIDE
`AND AFTER RELOCATION) G u.??-c?/.?'• /..?•?? Q? ?'/
LENGTH BEFORE: ?A_O CUN fd?? 1WIDTiT BEFOP,E r FT
(based on normcontours) :
WIDTH AFTER: r FT
"T t
AVERAGE DEPTH BEFORE:
- --- FT AFTER: (2) STRI.AM CHANNEL FT
IMPACTS WILI, RF'S1JI-_ 7 FR?p1: (CHECK ALL THAT APPLY)
OPEN CIiP.i•iNEL RELOCATION: Q
PLACEMENT OF PIPE IN CHANNEL: NO ,A,rr
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
IF' CONSTRUC'T'ION OF A POND IS PROPOSED, WHAT IS
THE SIZE OF THE WATERSHED DRAINING
TO TIIE POND?
W14AT IS THE EXPECTED POND SURFACE AREA?
I('IlIPTION OF PItOP0:?1?I) WORT( IN('I,IIIIIN(; I)I:??'Il'?;il(1N OI 'f'YI?I? OI' MI',CIIAN[C'AI, I•:OUIPMC'NT
1'r) 111; w*' 1)
(ATTACH PLANS: F3;$„ x I p, DRAW IN(;.',; ONLY) ?trno( ''- `_ ` \
t L ?_ E- 3 N - ??2V ` 1?V?J_tSS J oP?
W-? ?c• J S W cny c ?`.Slt?cAn-, Ch,,, -J N C ???? w?? )C cvo?
e
``-
pv:z
©,v rJ 3yD???? u? Sl?2cv, S C
m.
13 . PURPOSE OF PROPOSED WORK: 1-0 C-) IQ C.-c `
L,Y sJ) y C vu
cs c7\?? ?o WZcmoUz v
19' 'r•?IE REASONS WII'i I'I IS BELIEVED '1'HI1'I' '1'F1IS ACTIVITY NfUST BE CARRIED OUT IN -
rJI_ILANLS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) ??CS< V(
-ale v`I c?) a ?? •- '? i? ? c ?(`(-
?. ?C? e Lt2 > c? cJ ?) t ? ?'1 S hIN N
?--- ?? NC C 2 L L `
YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE KCRIOV?
(USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF.ANY FEDERALLY LISTED OI2 PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CIRTICAL HABITAT IN T14E PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED:
(ATTACH RESPONSES FROM THESE AGENCIES.)
? YOU ARE REQUIRED TO CONTACT
THE STATE HISTORIC PRESERVATION OFFIC;::R (SHPO) SE
AGENCY ADDRESSES SHEET r ( ?E
REGARDING THE PRESENCE OF HISTORIC PROPERTIES I:J THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
Dl;TE CONTACTED:
`. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ ] NO
[ 7 (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF
AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ ] NO [ ) 1
L. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH TI4E !NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CI.,EA_nINGHOUSE? YES 1
[ ] NO [ ]
IF A.NSWhR TO 17b is YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGEI'T, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPAR'T'MENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 2.7603-8003, TELEPHONE
[phone].
1 I'lll? P IJ, )WIN(; I'I'1;M:; :;Iir)UI,1) I41C I IJ 'I,UDI?I> WITH THIS APPI,I(
I NVOI,V ;
I?. I'HI; D1SC1{nil(;I; OI.' 1-:XCAVA'I I?D OR
1`11A, MATHR
IAI, INTO WI-;'I'I,A
NI)`; :
WI•TI,AND DIs1.,TNEATlON MAP .';IIOW I N(; A1,1,
' WI,:Tf,ANDS, :;'l'Itl?AMt;
kA)( H
'; AND PONDS

I
R(>PI.R'1'Y (FOR Nn''IONW 1 DI': PHRM I'{' NUM
HI-;RS 14
to ,
-
2 1
2 ON THE

S'T'REAMS ( INTERMITTEN'T' AND PERMANI NT ,
,
. ,
6, 2 9 ,
) ON THE PROPERTY MUST BE AND 38) . AI.,
SHOWN

MAP SCALES SHOULD BE I TNCII EQUALS
50 FEET OR
I. INCA EQUALS ON THE MAP.
100 FEET OR

EQUIVALENT. THEIR
b. IF AVAILABLE, REPRE;SENTATTVE PIJOTOGRAPII OF WETLANDS TO BE IMPACTED BY PROJECT.
IF DELINEATION WAS PERFORMED I3Y A CONSULTANT, INCLUDE, ALL DATA SHEETS RELEVANT
'I'O 'I'liE PLACEMENT OF THE DEL.INEATlON LINE.
d. ATTnCji A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
C. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S '
S T E DATE
GENT'S SIGNATUR NLIF AUTHORIZATION LETTER FROM
THE OWNS IS PROVIDED (18G.))
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117 55' NElvtAw0 ?.? ron. TENN. 3 210 000 FEET • "TE °R- eouOG'c sunvew. IIIESTON,
'20ooomE 81'52'30'
1 MALE (TVA 215-NW)
92
O
7000 FEET ROAD CLASSIFICATION
SS
1 KILOMETER Heavy-duty Poor motor road
Medium-duty ....... Wagon and jeep track ____
ILL. Light-duty ...... ... Foot trail ......... -------
M 0. KENTUCKY •A ? U. S. Route State Route
:TENN?S$EE C, In developed areas, only through roads are classified
2092 MISS. "ALA. GA. S.C
'19
MLLE, TENN. 37902
V REQUEST QUADRANGLE LOCATION ELK PARKr N. C.-TENN,
There may be private inholdings within the boundaries of N3607.5-W8152.5/7.5
the National or State reservations shown on this map 1960
PHOTOREVISED 1978
AMS 4656 111 NW-SERIES V842
Re:
Dear Roy:
Wildcat Lake Dam
FILE: General
As a supplement to my telephone call of Friday afternoon concerning
the Lees-McRae dam, I would like to give you the following information
I've turned up in researching the situation:
1. Owner: Lees-McRae College, Incorporated ODA C'
2. Date of Construction: about 1920
3. Normal Storage: 168 acre feet
4. Maximum Storage: 202 acre feet
5. Hydraulic Height: 35 feet
6. Dam Type: Arch .
7. Purpose of Lake: Recreation
8. Structural Height of Dam: 36 feet
9. Dam Volume: 44,000 cubic yards
10. Spillway Flow: -13 cubic feet per second
11. Control Spillway: 4 feet wide
12. Crest Length: 300 feet
13. Dam Number: No-tb. Carolina 281 cn U. S. Inventory
(no name)
14. Name of Lake: Wildcat Lake
15. Name of River: Wildcat Creek
16'. Down Stream Hazard Potential: 3 (on scale of 1 to 3 -
3 representing the lowest
hazard potential)
'the Wildcat Lakc dam was constricted in approximately 1933 to serve as an
additional reservoir for the hydroelectric operation associated with the Mill Pond Dam and reservoir at
Lccs-McRae College. Under normal pool, the reservoir storage capacity is 163 acre feet with up to 202
acre feet additional. Spillway velocity is 13.0 cubic feet per second on a four-foot width. The length of the
dam crest is 300 feet and is a 35-foot concrete arch dam. Maximum height from streambed to crest is 36
feet. The dam was inspected in December 1977, was given a low hazard rating, and was numbered NC
231. The reservoir was last r'raincd six or seven years ago. Presently, plans are being formed to lower the
reservoir to repair the drain vLlve.

.. J :1 `}
...,-_> 'Izrolina Wd4e Resources C onimissiow', '
912 N. Salisbury Street, Raleigh, North Carolina 27604-1185, 919-7.33-3391
Charles R. Fullwood, Executive Director
MI MORANDIIM
TO: David Baker, Permit Coordinator
Asheville Office, U.S. Arni•v C:nps O1 Eglncc s
FROM: Joe 1-1. Mickey, Jr., Regional Coordinator
Habitat Conservation Program
DATE: January 29, 1999
SUBJEC'T`. Review of an application by Edgar Tufts Memorial Association to dredge 14,000 tons of material
from Wildcat Lake, Avery County.
'T'ile Edgar Tufts Memorial Association (Roy Krege) is requesting a letter of concurrence from the North
Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers. The NCWRC has reviewed information provided by the appiicant, ;i nd field biologists on our staff are
m n)iliar with habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et, seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant proposes to dredge 14,000 tons (1000 loads x 14 tons per load) from Wildcat Lake, a 13 acre
impoundment on Wildcat Creek which is a tributary to the Elk River. The project will impact 1 to 1.5 acres of the
lake. The purpose of the project is to remove built up sediment and excessive lily pad growth in order to improve
recreational value of the take. Deposited materials will be placed more than 300 feet from the nearest stream.
Based on the information provided by the applicant and our information on the range of trout in the project
area, we do not believe this pro.;cct will cause significant effects to waters supporting trout. Therefore, we do not
object to the project as proposed provided that the water level in the lake is lowered before removing the silt. This
will allow dredging activities to occur in the dry, reducing the likelihood of off-site sedimentation of Wildcat Creek.
Also, the applicant should be aware that additional measures may be required by the NC Division of Water Quality
and NC Division of Land Resources, Asheville Regional Office (828/251-6208) to prevent the violation of water
quality standards or any other State and/or local requirements.
Thank you for the opportunity to review and comment on this project. lt'you have any questions regarding
these comments, please contact me at 336/366-2982.
cc: Mike Parker, DWQ
Doug Besler, WRC
Roy Krege, applicant
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930410 County Avery
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Edgar Tufts Memorial Association Attn: Roy Krege
Address: Post Office Box 98
Banner Elk, North Carolina 28604
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
Wildcat Lake located off of Hickory Nut Gap Road approximately 1.2 miles from
Highway 184 in Banner Elk, NC.
Description of Activity:
to excavate accumulated sediment from approximately 1 to 1.5 acres on the southeast side
of Wildcat Lake. The majority of the excavation is to be accomplished by a trackhoe
working from the shoreline. Double handling and temporary stockpiling of material is to
only occur within an area of less than 1/3 acre of the lakebed. All work is to be
performed in the dry during a partial drawdown of the lake.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
2_ Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions, those outlined in the attached January 29,
1998 NC Wildlife Resources Commission letter, and your submitted plans.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit; please contact the Corps Regulatory Official specified below.
Date: February 4. 1999
Corps Regulatory Official David Baker Telephone No. [phone]
Expiration Date of Verification September 15. 1999
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995