20010212 Ver 1_COMPLETE FILE_20010213

O? y.,,rCn
Q Michael F. Easley
?O G Governor
Sherri Evans-Stanton, Acting Secretary
O Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 19, 2001
Buncombe County
DWQ Project # 010212
APPROVAL of 401 Water Quality Certification
Mr. J. L. Sales
235 Charlotte Hwy
Asheville, NC 28803
Dear Mr. Sales:
You have our approval, in accordance with the attached conditions, to place fill material in less then
150 feet of streams for the purpose of improving safety at the Covenant Community United Methodist
Church, as you described in your application dated February 12, 2001. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3287. This
Certification allows you to use Nationwide Permit Number 39 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 Watershed regulations. Also-this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 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). For this approval to
be valid, you must follow the conditions listed in the attached certification. This approval shall expire when
the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
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 Dorney at 919-733-1786.
Sincerely,
rr tevens
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files
io W"A
NCDENR
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name J. L. Sales
Project Number 01 0212
Recvd From APP
Received Date 2/13/01 Recvd By Region
Project Type church construction
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County Buncombe
County2
Region Asheville
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
M 0
39 Stream O Y O N F-?R.-?] C 40,302. 150.00 150A0
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y *N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 353252 Longitude (ddmmss) 822833
Comments:
Discussed project with Mr. Sales on 03/15/01 and he wants to fill in a 30 ft, deep hole. His prop
lies between the Reynolds Hjgh School property and the Covenant Community Methodist
Church propedy_ He thinks it will be an eye sore and a safety issue if this area is not filled.
Because of the U.S. Highway 74 DOT Project and disposal of rock from this project approAmately
600 to 700 of stream will be lost in this one section.
Since there is no way to deny this it is recommended that a 401 be issued with conditions related to
concrete and sediment and erosion control.
cc: Regional Office
Central Office Page Number 1
WESTALL, GRAY, CONNOLLY & DAVIS, P.A.
ATTORNEYS AT LAW
81 CENTRAL AVENUE
ASHEVIL7 E. NORTH CAROLINA 28801
JACK W. WESTALL. JR.
DAVID G. GRAY. JR.'
JOSEPH A. CONNOLLY [phone]
SARA H. DA S • FAX: [phone]
'BOARD CE IFIED SPE[`i&i.icTB February 12, 2001
BANKRUFTCY LAW '--
. - - - - ^ -+ 1
-_ =
FEB 13 2001 010212
TRANSMITTAL MEMORANDUM
.?QUP
Sr,TIQP:
TO: Wetlands/401 Unit
Division of Water Quality PAYMENT
North Carolina Department of
. Environment and Natural Resources RECEIVED
4401 Reedy Creek Road
Raleigh, North Carolina 27607
FROM: Jack W. Westall, Jr.
SUBJECT: Covenant Community United Methodist Church Permit Request
J. L. Sales Permit Request
PLEASE FIND ENCLOSED THE FOLLOWING DOCUMENT(S):
1. Eight copies of the Permit Request for Covenant Community United Methodist
Church with previously missing questions 7 through 11 attached.
2. Eight copies of the Permit Request for J. L. Sales with previously missing questions 7
through 11 attached.
3. A check in the amount of $200 for processing of the J. L. Sales Permit Request
4. A check in the amount of $675 for processing of the Covenant Community United
Methodist Church Permit Request.
WESTALL, GRAY, CONNOLLY & DAVIS, P.A.
BY:
DEM ID:
4-
0
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): ?
C=D
N PRE-CONSTRUCTION NOTIFICATION APPLICATION
0
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF, COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
2. MAILING ADDRESS: cnar to i te)
Al ke v,i I le, NC
SUBDIVISION NAME: n Ia
CITY: AJh V1 I Ie? STATE: ZIP CODE:0 ?J
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE) : 60.me, 0 (tibo ye-
3. TELEPHONE NUMBER (HOME) : ? V 0 ???1 A 0 ' 0 0 o "/ (WORK) 01) 9 7
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Sctm? ag above-
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE): 62e CtT1aGhed F?ure- I
COUNTY: Ell inc n mhe_ . NEAREST TOWN OR CITY: she- vI I le.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) A35 aarlb-W qh(, a,4
A So'?1t1 Gl DroX mi??s ?uYn ricrhf c? X35 Chrjofl-?-, M-iGhava,cl 5oK--hw-es4-
e e r '" /
6. IMPACTED OR NEAREST STREAM/RIVER: otsh is-+ e K
RIVER BASIN: Isooant,\,a oo- French '?-QQU
PAYMENT
RECEIVED
US R'RMY CORPS/ENGRS ID:18282714858 FED 12'01 15:11 No.002 P.02
70. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-1 OR W$-TI)? YES [ ] NO III] IF YES, EXPLAINt
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7C. IF. THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE. LAND USE PLAN (LUP) DESIGNATION:._
8a. HAVE ANY. SECTION'.404 PERMITS BEEN. PREVIOUSLY REQUESTED FOR USX ON THIS PROPERTY?
YES [ ] NO ] -IF YES, PROVIDE ACTION I.U. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
Bb. ARE ADDITIONA?LJ PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ( ] NO [`? ] IF YES, DESCRIBE ANTICIPATED WORK-
9A.' ESTIMATED.. TOTAL NUMBER OF. ACRES IN TRACT OF LAND s .. l
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: ? 0.3 xJ
IOA. NUMBER OF ACRES'•OF'WETLANDS:IMPACTED. BY THE PROPOSED PROJECT BY
FILLING: EXCAVATION: h?Gt.
FLOODING: J na OTHER: _ -la
; q 0'. TOTAL ACRES TO BE IMPACTED: ?33
DRAINAGE y
10B. (1) STRAAM CHANNEL TO BE IMPACTED BX THE PROPOSED PROJECT. (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOC TXON)
CULVERT LENGTH: _FT LENGTH OF BANK, STABILIZATION: ?SZf. FT
LENGTH BEFORE: fJr? FT AFTER:
WIDTH BEFORE (based an normal high water contours): FT
WIDTH AFTER: I\ CL FT
AVERAGE DEPTH 13EFORE: FT AFTER: )-to-
(a) 3TR$ CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:_
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT TS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? ?Oa
WHAT IS THE EXPECTED POND SURFACE AREA? ??a

12
13
DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
mn RR USED (ATTACH PLANS : 8 M X 11" DRAWINGS ONLY) : See Q f+Q'--hed r c9`'`'re A-,
ced h CauYch owd School prnpv4-,'s.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
15. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE)-LAND? YES [ ] NO lJ I (IF NO, GO TO 16)
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 [ ] n
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] 'n-ja
IF ANSWER TO 15b 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 BAGGETT, DIRECTOR STATE CLEARINGHOUSE; NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
16. THE FOLLOWING ITEMS SHOULD BE INCLUDED. WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT. y_
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
-n ja
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
u , min fi ,? ?? I I b2 us
PURPOSE OF PROPOSED WORK:
n. i ._1
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) :
Its
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ROAD CLASSIFICATION (TVA201-SW)
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hard surface ...... ........... - improved surface-
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SCALE V = 50' MO.. •.: VA.
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MISS.-•' AIA.: - GA. S.C.
PLIES WITH NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCATION OTEEN, N.C.
:VEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 Revisions shown in purple and woodland compiled by the Geological Survey 35082-E4-TF-024
/ALLEY AUTHORITY, CHATTANOOGA, TENN. 37402 in cooperation with State of North Carolina agencies from aerial 1s6z
SRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST taken 1987 and othersources. This information not field checked
photographs PHOTOREVISED 1990
Map edited 1990 L p DMA 4555 111 SW-SERIES V842
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FEE-19-01 10=22 FROM=WESTALL GRAY CONNOLLY PA SID=7042550305
W MALL, GRAY, CONNOLLY DAVIS, P.A.
ATTORNEYS AT QS ?
81 CENTRAL A
ASHEVII,,LE, NORTH CARD A 28901
[phone]
FACSIMILE COVER
TO: John R- Dormey FAX Nt. 919-733-9959
Wetlands/401 Unit

FROM: Eileen Klope for FAX *-*"''_ 928-255-0305
Jack W. Westall, Jr.
DATE: February 19, 2001 NO.O PAGES TOTAL: 3
SUBJECT: Covenant Community United l
J. L. Sales-Project No. 010212
Dear Mr. Domey:
On February 12 we sent you eight copies each of the ]
cationed projects along with the required fees for pr(
We have since discovered that page 4 of the requests
Therefore, attached to this facsimile is Page 4 of the F
Community United Methodist Church, Project No. 01
Permit Request, Project No. 010212. Please combine
you already have.
A conformation copy of this facsimile, along with
Requests will follow by mail-
Thank you for your attention to this mutter.
Very truly yours,
Eileen Klope
The information contained in this facsimile message
confidential information intended only for the use of the i
the reader is not the intended recipient, be hereby notifie<
or copy of this communications is strictly prohibited. If y<
error, please notify us immediately by telephone and re
address at the top of this page via the U.S_ postal Service.
PAGE 1/3

Church--Project No. 010211
it Requests for the above-
s not included in the packets.
nit Request for Covenant
11, and Page 4 of the J_ L. Sates
?se pages with the project packets
of Page 4 of each of the Permit
ATTORNEY PRWILEGED and
ividual entity named as recipient If
hat any dissemination or distribution
have received this communication in
n the original message to us at #te
lank you
FEB-19-01 10=23 FROM=WESTALL GRAY CONNOLLY PA
d- ATTACH A COP$ OF TgE STORMNATER MANAG
e. WF3AT IS LAND USE OF SURROUNDING PROP5
ID=7042550305 PAGE 3/3
WT PLAN IF REQUIRED. 140. (not
rend red)
Sax= ? Ctt?CbSd Cf.?L-??51.?L F1?. -
€. IF APPLICABLE, WHAT IS PROPOSED METHOD F SEWAGE DISPOSAL?
.
5• SIGHED AND DATED BY AGENT AUTHORIZATION
NOTE: WBTLAPIDS OR WATERS OF TEM . u- S . MAY NOT E]
1) ISSUANCE OF A SECTION 404 CORPS OF ENE
2) EIT$ER TIM ISSVANCH OR WAIVER OF A 402
(WATER QUALITY) CERTIFICATION.
(S SIGNATURT VALID ONLY
IF XbTHOR17ATION LWrr R FROM
THE OWNER IS PROVIDED (16G.))
IF APPLICABLE.
IMPACTED PRIOR TO:
NELRS PERMIT, AND
DIVISION OF ENVIRONMENTAL MANA.GEME21'Z'
-
OC -0
DATE
r -.
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
March 23, 2001
Mr. David Baker L
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: J.L. Sales Nationwide 404 Permit Application
Culvert Installation UT Gashes Creek, French Broad River Basin
Buncombe County, North Carolina
Dear Mr. Baker:
Mr. J. L. Sales 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. I have reviewed information provided by the applicant, and I am familiar with habitat
values in the project area. A site visit was made on February 12, 2001 to further assess the
potential for impacts to fish and wildlife resources. 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 fill 150 linear feet of an unnamed tributary to Gashes Creek and
a small (<0.33 acres) of shrub-scrub wetland associated with the stream. An adjacent property
owner, Covenant Community United Methodist Church (Church) in conjunction with this project
is requesting an additional 300 linear feet of stream impact. Mr. Sales' stated purpose is to
reduce liability and safety issues relating to the extremely deep ravine located next to a church and
school.
a
J.L. Sales Stream & Wetland Fill 2 March 23, 2001
Buncombe County, UT Gashes Creek
We believe this area provides a valuable natural area for the community. The day of the
site visit, several birds (i.e., cardinal and mockingbird) and a rabbit were observed in the short
period of time I was on site. The stream is large enough and habitat is suitable for small fish,
salamanders and aquatic life. We are also concerned about the adverse impacts on the banks of
Gashes Creek at and downstream of the confluence of this tributary. If property owners
downstream are impacted from eroding streambanks or flooding due to additional discharge,
impacts to aquatic habitat may result from these property owners' attempts to mitigate such
problems. Additionally, we are very concerned about the cumulative adverse impacts within the
Gashes Creek watershed from other urbanization and commercial development.
Reducing liability for the school and church is stated as the major reason for filling this
stream. We agree the slope is steep but we believe this could be altered and improved to provide
better access to the creek, to address the safety concerns and to avoid filling the creek. If there is
a legitimate safety concern then the area could be fenced to prevent small children or adults from
falling down the hill.
The location of this small stream next to a school and church provides an excellent
opportunity for these institutions to use this area in environmental education and promote
environmental stewardship. Creating a trail along the creek and installing some bird boxes and
planting species valuable to wildlife could increase the opportunities for urban wildlife viewing.
This tributary is not classified as trout waters by the Division of Water Quality or
designated as a trout stream by the NCWRC. It is the opinion of biologists with the NCWRC that
this project will not result in adverse impacts to trout.
This project appears to be linked to the fill requested by the Church, since safety issues
involving the church are sited in both and the applications were submitted together. Therefore,
we believe these projects should be considered as one impact and the appropriate mitigation made
for any permitted impacts for the linked project.
The NCWRC believes there are alternatives to filling this creek. If the Corps of Engineers
comes to a different conclusion than ours, we recommend the permit be conditioned as follows.
1. Avoid and minimize impacts. Consider alternatives to filling this stream such as
decreasing the slope and providing access to the creek and using it as a natural amenity
for environmental education programs. If there is a concern about persons falling
down the hill, create gentler slopes and/or fence the area.
2. Require an approved mitigation plan that provides stream restoration at a ratio 2:1
(restored: impacted) and wetland restoration at a ratio of 2:1 (restored: impacted) for
the wetland impacts since this project is linked to the 300 feet of stream impact
requested by the Church. A mitigation plan should be approved prior to permits being
issued.

J.L. Sales Stream & Wetland Fill 3 March 23, 2001
Buncombe County, UT Gashes Creek
3. If the project is permitted as requested, require the incorporation of stormwater
management for the site to replace functions-Jost to the culverting. Adetention pond
or created wetland to manage both quantity and quality of stormwater discharged from
parking lots, buildings and other impervious surfaces is recommended. Measures
should be put in place (e.g., rock at the outlet and rock vanes in Gashes Creek) to
dissipate energy to prevent blowing out the banks of Gashes Creek from the high-
energy discharge from the culvert.
4. If possible, the culvert should be placed in a dry work area. Sandbags, flexible pipe, or
other diversion structures should be used where possible to minimize excavation in
flowing water.
5. Adequate sedimentation and erosion control measures must be implemented and
maintained on the project site to minimize impacts to downstream aquatic resources.
6. If concrete is used during culvert installation, a dry work area must be maintained to
prevent direct contact between curing concrete and stream water. Uncured concrete
affects water quality and is highly toxic to fish and other aquatic organisms.
7. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,_
hydraulic fluids or other toxic materials.
Thank you for the opportunity to review and comment on this project. Pending
availability of field staff, the NCWRC may inspect the work site during or after construction. If
there are any questions regarding these comments, please contact me at [phone].
Sincerely,
Owen F. Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. J. L. Sales, Applicant
Mr. Mike Parker, Wetland Scientist, DWQ, Asheville
Mr. John Dorney, Wetland Scientist, Division of Water Quality