19880031 Ver 1_COMPLETE FILE_19880101

!?. 1
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor September 1, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. Dale B. Kays
Centennial American Properties, Ltd.
Suite 680
2100 River Edge Parkway
Atlanta, GA 30328
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shopping Center
Centennial American Properties, Ltd.
Haw Creek
Buncombe County
Dear Mr. Kays:
Attached hereto are two (2) copies of Certification No. 2265
issued to American Centennial Properties, Ltd, dated September 1, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevcntion PaYs
P.O. Box 27687, Raleigh, \on.h Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to American Centennial
Properties, Ltd. pursuant to an application filed on the 6th day of
August, 1988 to place fill in water and wetlands of Haw Creek to pipe
the stream for Haw Creek Shopping Center.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area, adjacent to the waters of Haw Creek
in conjunction with the proposed shopping center in Buncombe County will
not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity and
siltation.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 1st day of September, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 2265
Original Sig,-)ed Fey
willlcim C.
For R. Paul Wilms, Director
.t „:U
s ? ?E
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor September 1, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. Dale B. Kays
Centennial. American Properties, Ltd.
Suite 680
2100 River Edge Parkway
Atlanta, GA 30328
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shopping Center
Centennial American Properties, Ltd.
Haw Creek
Buncombe County
Dear Mr. Kays:
Attached hereto are two (2) copies of Certification No. 2265
issued to American Centennial Properties, Ltd.. dated September 1, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C, Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pars
P.O. Box 27687, Raleigh, Norch Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to American Centennial
Properties, Ltd. pursuant to an application filed on the 6th day of
August, 1988 to place fill in water and wetlands of Haw Creek to pipe
the stream for Haw Creek Shopping Center.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Haw Creek
in conjunction with the proposed shopping center in Buncombe County will
not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 5.0 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity and
siltation.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 1st day of September, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2265
?a? sT^Tf 4

,1 ,
State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor
S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
August 24, 1988
MEMORANDUM
David R. Spain
Regional Manager
TO: William C. Mills
Permits and Engineering
THROUGH: Roy M. Davis, Regional Supervisor
Division of Environmental Management
Forrest R. Westal
Water Quality Reg' pervisor
FROM: Max L. Haner, Env" onmental Chemist
Water Quality Section
il,G?l"""? `
SUBJECT: Comments and Recommendations
Proposed 401 Water Quality Certification
Contennial American Properties, LTD
(Haw Creek Shopping Center)
Buncombe County, North Carolina
Subject permit application is for enclosing 1250 linear feet of Haw
Creek in the French Broad River Basin in Asheville, Buncombe County,
inside a 14 foot diameter corrugated metal culvert (pipe).
Additionally, the entrance to this culvert (upstream) will consist of
20 L.F. of 10 ft-1 in. by 11 ft-10 in. arch pipe with improved
headwall. The downstream part of the culvert ends at a junction box
preceding a box culvert under U.S. Highway 74. The purpose of this
work is to allow cut and fill operations sufficient to construct a
shopping center in this area. According to the application, the
culvert will be 8 gage structural plate with the bottom one quarter in,
5 gage steel.
Review of the project would indicate little or no water quality
problems resulting from this operation. Therefore, it is recommended
that certification be granted by this Division and a permit issued as
per request. Should you wish to discuss this matter in more detail,
please contact me.
MLH: is Interchange Building, 59 Woodfin Place, P.O. Box 370, Asheville, N.C. 28802-0370 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
400,

A dd'
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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
August 15, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0448 dated
8/4/88 describing a project proposed by Centennial American Peoperties
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 9/2/88 .
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
r

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-011-0448
August 4, 1988
PUBLIC NOTICE
CENTENNIAL AMERICAN PROPERTIES, LIMITED, represented by
MR. DALE B. KAYS, Suite 680, 2100 River Edge Parkway, Atlanta,
Georgia 30328, has applied for a Department of the Army permit TO
PLACE FILL MATERIAL IN WATERS/WETLANDS ASSOCIATED WITH PIPING
APPROXIMATELY 1,250 FEET OF HAW CREEK TO FACILITATE SHOPPING
CENTER CONSTRUCTION, ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data
provided by the applicant and from observations made during an
onsite visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed placement of
approximately 1,250 linear feet of Haw Creek in a 14-foot diameter
corrugated metal pipe. At the upstream entrance, there is to be
20 linear feet of an 18-foot by 11-foot arch pipe with an improved
headwall. The downstream end of the pipe is to terminate in a
junction box to be constructed at the entrance to a box culvert
under U.S. Highway 74. The applicant states that predevelopment
and postdevelopment water surface elevations during the 100-Year
Storm will be within 1 foot beyond the property boundary.
Installation of the pipe will provide for cut and fill operations
resulting in a suitable grade for construction of a concrete slab
supported shopping center. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to
determine the need for the applicant to obtain any required State
authorization. No Department of the Army permit will be issued
until the coordinated State viewpoint on the proposal has been
received and reviewed by this agency, nor will a Department of the
Army permit be issued until the North Carolina Division of
Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
z
s
-2-
Should the permit be issued, the Tennessee Valley Authority
(TVA) will require the permittee to employ best management
practices to control erosion and sedimentation, as necessary, to
prevent adverse aquatic impacts.
This application is being considered pursuant to Section
404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may
request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this
application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published
version of the National Register of Historic Places for the
presence or absence of registered properties, or properties listed
as being eligible for inclusion therein, and this worksite is not
registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of
such resources. Presently, unknown archeological, scientific,
prehistorical, or historical data may be lost or destroyed by work
under the requested permit.
The District Engineer has determined, based on a review of
data furnished by the applicant and onsite observations, that the
activity will not affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered
Species Act of 1973.
The decision whether to issue a permit will be based on an
evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed
activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected tc
accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed
to occur, are therefore determined by the outcome of the general
balancing process. That decision should reflect the national
concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among
those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and
wildlife values, flood hazards and flood plain values (in

r
-3-
accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the
public interest.
Generally, the decision whether to issue this Department of
the Army permit will not be made until the North Carolina Division
of Environmental Management (DEM) issues, denies, or waives State w.
certification required by Section 401 of the Clean Water Act. The
DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the Department of the Army
permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act
certification may be reviewed at the offices of the Environmental
Operations Section, North Carolina Division of Environmental
Management, Salisbury Street, Archdale Building, Raleigh, North
Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans
to take final action in the issuance of the Clean Water Act
certification on or after August 26, 1988.
All persons desiring to make comments regarding the
application for Clean Water Act certification should do so in
writing delivered to the North Carolina Division of Environmental
Management, Post Office Box 27687, Raleigh, North Carolina 27611-
7687, on or before August 22, 1988, Attention: Mr. William Mills.
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Jeffrey
Richter, until 4:15 p.m., September 5, 1988, or telephone (919)
343-4636.
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M0. Interstate Route C3 U. S. Route Q State Route
TENNESSEE* w N.C. v in developed areas, only through roads are classified
MISS. 'ALA.- GA. S.C. 5? I O?
QUADRANGLE LOCATION 1ENSEN ENGINEERING ASHEVILLE, N. C.
1 F.O. BOX 18149 N3530-W8230/7.5
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers f.!_!S 0: 1^
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-011-0448 August 4, 1988
PUBLIC NOTICE
CENTENNIAL AMERICAN PROPERTIES, LIMITED, represented by
MR. DALE B. KAYS, Suite 680, 2100 River Edge Parkway, Atlanta,
Georgia 30328, has applied for a Department of the Army permit TO
PLACE FILL MATERIAL IN WATERS/WETLANDS ASSOCIATED WITH PIPING
APPROXIMATELY 1,250 FEET OF HAW CREEK TO FACILITATE SHOPPING
CENTER CONSTRUCTION, ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data
provided by the applicant and from observations made during an
onsite visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed placement of
approximately 1,250 linear feet of Haw Creek in a 14-foot diameter
corrugated metal pipe. At the upstream entrance, there is to be
20 linear feet of an 18-foot by 11-foot arch pipe with an improved
headwall. The downstream end of the pipe is to terminate in a
junction box to be constructed at the entrance to a box culvert
under U.S. Highway 74. The applicant states that predevelopment
and postdevelopment water surface elevations during the 100-Year
Storm will be within 1 foot beyond the property boundary.
Installation of the pipe will provide for cut and fill operations
resulting in a suitable grade for construction of a concrete slab
supported shopping center. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to
determine the need for the applicant to obtain any required State
authorization. No Department of the Army permit will be issued
until the coordinated State viewpoint on the proposal has been
received and reviewed by this agency, nor will a Department of the
Army permit be issued until the North Carolina Division of
Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
;r
-2-
Should the permit be issued, the Tennessee Valley Authority
(TVA) will require the permittee to employ best management
practices to control erosion and sedimentation, as necessary, to
prevent adverse aquatic impacts.
This application is being considered pursuant to Section
404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may
request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this
application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published
version of the National Register of Historic Places for the
presence or absence of registered properties, or properties listed
as being eligible for inclusion therein, and this worksite is not
registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of
such resources. Presently, unknown archeological, scientific,
prehistorical, or historical data may be lost or destroyed by work
under the requested permit.
The District Engineer has determined, based on a review of
data furnished by the applicant and onsite observations, that the
activity will not affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered
Species Act of 1973.
The decision whether to issue a permit will be based on an
evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed
activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected to
accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed
to occur, are therefore determined by the outcome of the general
balancing process. That decision should reflect the national
concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among
those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and
wildlife values, flood hazards and flood plain values (in
..-1
1i
-3-
accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the
public interest.
Generally, the decision whether to issue this Department of
the Army permit will not be made until the North Carolina Division
of Environmental Management (DEM) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The
DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the Department of the Army
permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act
certification may be reviewed at the offices of the Environmental
Operations Section, North Carolina Division of Environmental
Management, Salisbury Street, Archdale Building, Raleigh, North
Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans
to take final action in the issuance of the Clean Water Act
certification on or after August 26, 1988.
All persons desiring to make comments regarding the
application for Clean Water Act certification should do so in
writing delivered to the North Carolina Division of Environmental
Management, Post Office Box 27687, Raleigh, North Carolina 27611-
7687, on or before August 22, 1988, Attention: Mr. William Mills.
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Jeffrey
Richter, until 4:15 p.m., September 5, 1988, or telephone (919)
343-4636.
ii
(TVA 192-SE)
I MILE ROAD CLASSIFICATION
ET Heavy-duty ......... Poor motor road ....
. Medium-duty ....... Wagon and jeep track
JILL
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Interstate Route C3 U. S. Route O State Route
TENNESSEE ?rN.C. In developed areas, only through roads are classified
: 0 MISS. '"ALA GA. S. C. QUADRANGLE LOCATION 1ENSEN ENGINEERING ASHEVILLE, N. C.
P.O. BOX 18149 N3530-W8230/7.5
ASHEVILLE, NC 28814. 1961
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 4, 1988
SUBJECT: File No. SAWC088-N-011-0448
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Centennial American Properties,
Limited, represented by Mr. Dale B. Kays, for Department of the
Army authorization and a State Water Quality Certification to
place fill material in waters/wetlands associated with piping
approximately 1,250 feet of Haw Creek to facilitate shopping
center construction, Asheville, Buncombe County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorizing the proposed activity pursuant
to Section 404 of the Clean Water Act, and we have determined that
a water quality certification may be required under the provisions
of Section 401 of the same law. A Department of the Army permit
will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is a reasonable time
for State action. Therefore, if you have not acted on the request
by October 4, 1988, the District Engineer will deem that waiver
has occurred.
Questions or comments may be addressed to Mr. Jeffrey Richter,
telephone [phone].
Sincerely,
har W. Hot s
C ief
Regulatory y Branch
Enclosure
.. ? - _ c ..
... qm-
,._,• -2-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Director of Land and Forest Resources
Tennessee Valley Authority
Norris, Tennessee 37828
U4iT- STATES GOVERNMENT ? SS AI-6
Memorandum TENNESSEE VALLEY AUTHORITY
Bevan W. Brown, Director of Air and Water Resources, 140 EB-K (4)
TO Maxwell D. Rams ey, Manager, Cultural Resources Program, 238 NRB-N (2)
Russell Harris III, Program Manager, Property Administration, 108 NRB-N
FROM
DATE July 7, 1988
26a FILE 4969 - CENTENNIAL AMERICAN PROPERTIES, LTD. - PROPOSED ?Ml IRT -
SUBJECT: HAW CREEK MILE 0.4 - QUAD 1 92SE JUL 1 8 1988
REGULATORY BRANCH
Please review the attached plans and determine whether this proposed
project will affect navigation, flood control, or public lands or
reservations. If so; please let us know in general terms the nature and
probable extent of such effects. May we have your determination by
July 21. If your reply cannot be prepared by this date, please advise us.
We will use your comments, in determining the level of environmental review
necessary to comply with Instruction IX ENVIRONMENTAL REVIEW.
The applicant proposes to construct a 1,250-foot long culvert at Haw Creek
mile 0.4. No TVA land or landrights are involved.
If you have any questions, please call Kenneth Spencer at extension 1530.
KNS :SPP ,
Attlhments
cc: U.S. Army Corps of Engineers (Attachments)
Post Office Box 1890
Wilmington, North Carolina 28402
R. J. Field; FOR B-N (cleared by criteria)
T. M. Fore, Athens (Buncombe County, North Carolina)
C. P. Nicholson, 221 NRB-N (cleared by criteria)
J. E. Tysinger, Asheville
?3'
APPLICATION FOR
Department of the !'slay Permit and/or Tennessee Valley Au thority Section 213a Approval

The Dopgrmtani of the Army (DA) permit progrurn is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404
of Thu Cluan Water Act (P.L. 95.217). Those laws require parmlts authorizing strueturus and work in or affecting navigable wators of
tttu United States and the discharge of drodged or fill material into waters of the United Status. Section 26a of the Tennessee Valley
Authority Act, as amandod, prohibits the construction, operation, or maintenance of any structure affecting navigation, flood control,
or public lands or recervations across, along, or in wo Tonnasnoo River or uny of its tributaries until plans for such construction,
operation, and maintenanea have boon submitted to and approved by the Tannussoo Valley Authority (TVA).
Two sets of original drawings on 8"x10.1/2" tracing paper or good reproduciulu copies which show the location and character of the
proposed activity must be attached to this application (sue sample drawings) and be submitted to the District Commander and appro.
priato TVA office at the addresses listud below. An application that is riot complete will be returned for additional Information.
Information In iho application is made a mutlor of public record through issuance of a public notice, If warranted. Disclosure of the
Information requested Is vole? rv.,"ir6wif"t,`4'?_? uquusredare necessary In ardor to cornmuniceto with the applicant and to
evaluate the application. If neEu?s'erq'ht'ibM?edo9'Rfrt provided, the application cannot be processed nor can a parrnit/approvolt
be Issued -''
DA and TVA Mnin Office J U L TVA Office Lucntion
Commander, Nashville DislrlcAEGULATOV BRANCH 202 West Blythe Strout
U.S. Army Corps of Engineer Paris, Tennessee
Post Office Box 1070 Phone: [phone]
Nashville, Tannessao 37202
170 office Service Warehouse
fvtusclo Shouls, Alabarna
Phone: [phone]
Director of Land and Forest Resources 1101 Congress Parkway
Tennessee Valley Authority Athens, Tennessee
Norris, Tonnessoo 37028 Phone. [phone]
2611 West Andrew Johnson
Highway
Morristown, Tunnessou
Phone: [phone]
I
Name and Address of Afsplicunt
Dale B. Kays
Centennial American Properties, Ltd.
Suite 680
210"?0 R}?iv?erE?jdge Parkway
7?}
'Tefdl7rtgrttf 4.40' 30328
Home „404- 77=44$4.
office 4047955=6968
Mailing Address
Sup,,., Land and Facilities Mgmt. (West)
Division of Natural Resource Operations
Post office Box 280
Paris, TN 38242.0280
Supv., Land and Facilities Mgmt. (West)
Division of Natural Resource Operations
170 Officu Service Warehouse
Muscle Shoals, AL 35660
Supv., Land and Facilities Mgmt. (East)
Division of Natural Resource Operations
Post Office Box 606
Athens, Tennessee 37303
Supv., Land and Facilities Mgmt. (East)
Division of Natural Resource Operations
2611 Watt Andrew Johnson Highway
Morristown, Tennessee 37814
Name, Address, and Title of Authorized Agent
SAME
Telephone Number
Homo r _
oflico --
Location where activity exists or will occur (include Application submitted to
Stream Name and mile. if known) DA F] yos R No TVA N Yur. 10 No
Haw Creek, 0.29 mile above confluence Dule at:tivity is purposed to currunonce_ AUC1UStr 1988
with Swannanoa River, Asheville, August, 1989
North Carolina i Datu activity is proposed to ou cornplutoU -_,_.-__._• -
Namas, iddiessa%, ebd teluphonu numbers of eciluining pruporty owners. Iossoas, bte., s".hayo pruperlius also join toe waterway.
1. Edward I.Greene
Shawnee Trail
Asheville, NC 28804
704-298-2720
List o` pr.Wiou; 7A/T'V!, porinits/aGp;ovols
2. N.C. Dept. of Transportation
(owns on north, south & east sides)
contact Ron Brazil
P. O. Box 1951
Asheville, NC 28802
704-298-2741
_ ?...... _ L.J T v A -.
C? DA
-PormitNumuur Dr,ta
DA/TVA JULY 1.979
_, _" ? ?. ?i, 1?_?:'.'.' IP•1=?T•'i' F'F'I1•il _? (r H:? P. ,.
yas B NO
Is.AnY portion of tho #otlvity lot w,hlath authorizetlon it tough; AM domPleto7
if onsiv#r it "Yet" *T'wGh VxPI#netlOn, Month end yest the ectlvttY w#s compi#tfd
lndice,.ta the existing VION op the drawings.
List all approve!/ or c#rtlgc#tlpne requirfd by other lodst$l, Intatttatf, slots or lac#t Apenelat for any structures, a6nstlUCtlOh, dis•
cherpfa, dopos(ts or other e4t1v)tl#s dewribod 16 this *P00611110n.
Itsuin A nc
City of Afih3Ville.
NC D.O.T.
NC D.Q.T.
FEMA
TV0. APP-gi identification Not
Erosion Control
Erwraacr.t>ant 1.6.1A
Encroachment 16.1E
Work Within FloodwaY
faato of AppileAtlon gala of AP0,4y?i
Application not yet made
6/27/g8
6/27/86
6/27/88
Has any Wncv denlai opprav#1 for tho activity deserlbeq hef#In or 10f MY activity dtr#ct1Y Wood to the a-tlvity deacrtbad'h#rrir,9
Y. No ill "ye3'r attach GAPlanatloni
y - ... -
pscrie in data!) ih# proposed aativitY, Its purpWS# end intended use W IVafe, Put,lic, commercial of olt") In endl d*trripofon at•
the type of strµ#turoe, It any to be arretvd or. tills, or pile or float•eupported platforms, the iyp
rustohals to be disc}he(ped or dumP04 and means of convey#nct, dnd tN source of discharge or fill rnetatial• if additional spec/ Is
Andsa, plaa# attach #apitlonol ahMs.
Proposed project includes 1250 linear feet of piping of Slaw Creek from Toile 0.29
to- 0.53 in a 14 foot diameter corrugated metal pipe. The entrance will consist
of 20 L.F. of an 181'-111 x 111-10" arch pipe with improved headwall. The dAwri-
Ftream end of thte pipe terminates iri a junction box to k)e constructed at the
entrance to a box culvert under U.S. Hwy. 74. When installed, the culvert will.
allow the cut and fill operations necessary to provide a suitable building site
for a concrete slab supported shopping center. The culvert will be 8 gage
structural plate with the.bottofo one quarter in 6 gage steel.
Application is hereby moat for approval of the aetivluat dotcribed herein, I oeltlfy shot I am faml{I#r with the InlormAtt6n aon•
tain40 in this ap0900n, and that to the not( of rlty knowledge and bollef tuth Info mottlon is true, comp{eto, and A4CUtete, I
Wither corufy that I ptissest the,authOhtV t0 undorleke the propos#d avttvltios.
• ? i fl'
rte Ian turn o App{ the or ut or zed Qent
Facsimile Transmission
The applieatlan must be signed lay the APPlteent; hOwaver, It rn#y be s104ed by a dual euthon+ltl event if this form h Acsornponltd
by a statoment by the applicant designating the Agent dnd sproolnf? to turrsish upon requatt, skipplemontal Information In support
of Inc application, ' ner
rty
with
devlG# 1 Materialtfact of rnoktd tiny foi ontted
Ooparten 18 S. C, $"IIOA 1001 pyl felt flea. onc:osla, or COvom up ny mleC,toion
U kn* poly y and willfwliY nt knowlnu some to contoln any
St-tai
flctltl t104? or !r frarsudulent st#t#Monp or raPreaontttiont or mikes or utM any false w?ItlnO or do.Aumo PI
It lays, O
folio, lietitlous or frouduitm ttattmant or entry, Ihtll na fin&d not era ; DA 0o of lmpnlo as d oat m ern Pa fiv wrt
DOth. Do not send A permit procattln4 fee vriih thlt .pp lcatl pProDnlota
y
.r
Exhibit 3
Ki%,owr OV TI•II' AN'1'ICIPATI'-D ENVIRONMRNTAT. CONSEgUCNCES
.RESULTING FROM THE' EM.' TION OT ri-ir. PROPOSI p STRUCTURE
Applicant must supply sufficient answers to the following five questions to enable TVA to determine if an
environmental statement is required pursuant to Section 102 of the National Environmental Policy Act,
Public Law 91-190.
1. What is the probable impact of the proposed structure on the environment?
No adverse impact to the environment.will be caused by the proposed project-.
The culvert will be installed such that stream flow will not be interrupted
during construction. Erosion control measures will be employed to prevent
siltation of the stream.
2. Arc there any probable adverse environmental consequences which cannot be avoided?
No unavoidable adverse environmental consequences are anticipated.. As stated
above all necessary erosion control measures ill be employeed. The proposed
culvert is designed such that predevelopment and postdevelopment water surface
elevations during the 100 Year storm are; within one foot beyond the property
boundary.
J. What arc the alternatives w the prupused structure?
There are no alternatives to this proposed culvert to fully develop the
property to its potential. This is due to the required cut and fill
for development of a suitable building site.
4. What is the relationship between the local short-term -uses of the environment and the dtaintcnancc of
long-term productivity which will result from the proposed structure?
At present the property on the west side of Haw Creek is commercially
developed as a shopping center. The proposed culvert will provide use of
the entire property on the east and north sides of Haw Creek for construction
of a new shopping center for this growing commercial district of Asheville,
N.C. The proposed project will provide needed retail space while protecting
the environment of Haw Creek with sound engineering principles.
5. Is there any irreversible or irretrievable commitment of resources which would be involved by virtue of
the proposed structure?
No irreversible or irretrievable commitment of resources is involved.
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MILE ROAD CLASSIFICATION
ET Heavy-duty ......... Poor motor road ....
ILL. Medium-duty ....... --^- Wagon and jeep track
KENTUCKY VA Light-duty .......... Foot trail .......... -------
M 0. •.'.
Interstate Route C3 U. S. Route O State Route
TENNESSEE '.*.C. In developed areas, only through roads are classified
MISS. S C.
ALA GA,
QUADRANGLE LOCATION JENSEN ENGINEERING ASHEVILLE, N. C.
I. P.O. BOX 18149 N3530-W8230/7.5
ASHEVILLE, NC 28814 1961
AMS 4455 11 SE-SERIES V842
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