19941002 Ver 1_COMPLETE FILE_19941027

r --..a
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„ P.E., Director
November 23, 1994
Mr. Edgar Styles
P.O. Box 585
Bryson City, N.C. 28713
Dear Mr. Styles:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed housing development
Project # 941002, COE # 199500021
Swain County
Fcar 4
Attached hereto is a copy of Certification No. 2943 issued to Edgar Styles dated 23
November, 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston ward, Jr.
Attachments '
wgc2943
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
[D FE F=1
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
NORTH CAROLINA
Swain 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 Edgar Styles resulting in
2.3 acres of wetland impact in Swain County pursuant to an application filed on the 27th day of
October of 1994 to fill an existing pond and wetland area to construct a rental housing area.
The Application provides adequate assurance that the discharge of fill material into the water-,
of Alarka Creek in conjunction with the proposed development in Swain 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:
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 (50 NTUs in streams and rivers not designated as trout
waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; 10 NTUs in trout waters).
2. The pond should not overflow into Alarka Creek.
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 arc made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 23rd day of November, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
? fy La-
P eston Howard, Jr.
WQC# 2943
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 3, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
RECEW"
%04 17 M4
ENVIf20NMEMTAI SCIENCES
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199500021 dated
October 27, 1994 describing a proposed project by Mr. Edgar Styles has been 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 November 25, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY ?/ This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
1? EHNR
Date
P.O Fox 27687, Raleigh, North Carolina 27611-7637 le phone [phone] FAX [phone]
Equo! C.)p;xxivni'y Af i,rnaiwo nctiori Employor rru;yc?ed/ l Og post-C., onsurner pap
IV,! v_,.
' ' ., '•( _? i_-? ,i? i?: ?.! ? 'S. i? .'..'/!• ? .. it '1 ! f-` ? .
.:?'•. !. '( ,! ? ? i iii ? ? ?!?. !
v" ( _!lI\I! i?: I ,`! (F , oil- 0 4- 2..
Y-5 5-
?JI, Jig fi ! ? ? ?,u. ?'! i1 f••(}'1?.? "' 1'? ! 1,,. ?.' ,.
ivy
csa,VpI7Iv,v l
_CoNOZOt- ('L./`?? L L 13 e- tlCe:deeD,
co??fr?o,v 2 - ?}N 4L?GA- (AL) c-p rR4psmis5ioec. c.r61c sgoli(.I)
c o,vp jr(op Mt'RLc , 3 o Q LONG .
('R?cG-55 Eft( tZ_ 7-(fZPub9 elr6 OK oVE9 -(-e OF 134"K-
Reed
*19P
5tA
Wetland area L 7 ___acres Wetland width O ----feet
Nearest road- [?yVX 7?
Wetland location Adjacent ]and use
oz?OUnd ar estuary
` : wetland
.....
` ```
oz?' and ox lake
`<: p a
] other nahzra7 vegetafxon In
On perennial streaxxl agriculture
> ' < anantern ttant stxeann C? suburban/uxb n ?:>la

xn drainage basin lii?aclGVaters
i
o
h .
Adjacent special natut; d..:;a as
n
..
vate-s
aped depression
T
Other :

? Hydrologically connected

Wetland type (select one) ? Other

•
? Swamp forest
? Shoreline _
O Bottomland hardwood forest ? Stream channel
• J Carolina bay ? Salt marsh
? Pocosin ? Brackish marsh •
J Pine savannah Freshwater marsh
J Wet flat ? Bog/Fen
. J Perched ? Vernal pool '
? sum
Water storage
_
Bank/Shoreline stabilization 0 f x 4.00 -
Pollutant removal .

Sensitive watershed (9 '
_
Travel corridor _
?' 1'50 - Wetland score.
Special ecological attributes
Wildlife habitat
----L----
C x 1.50 _ - +?7 •
Aquatic life value i
.

Recreation/Education
Economic value __Q_ I x 0•?5 = •

h
State of North Carolina
Department of Environment,
Health and Natural Resources 4 7• •
Division of Coastal Management
James B. Hunt, Governor E) E H N Ft
Jonathan B. Howes, Secretory
Roger N. Schecter, Director
November 3, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: 1404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199500021 dated
October 27, 1994 describing a proposed project by Mr. Edgar Styles has been 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 November 25, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
N
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199500021
October 27, 1994
PUBLIC NOTICE
EDGAR STYLES, POST OFFICE BOX 585, BRYSON CITY, NORTH CAROLINA 28713 has
applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL
INTO AN APPROXIMATE 2.3 ACRE POND AND WETLAND AREA, ADJACENT TO ALARKA CREEK
AND US HIGHWAY 74, IN CONJUNCTION WITH COMMERCIAL SITE DEVELOPMENT WEST OF
BRYSON CITY, Swain 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 discharge of approximately 18,000 cubic yards of earthen
fill into two areas of the existing pond, thereby reducing it's size, to
create additional ground for development. The two areas measure 250-feet by
300-feet and 100-feet by 250-feet. The areas to be filled are partially open
water and partially emergent/shrub wetland dominated by spike-rush, sedges,
soft-rush, bulrushes, tag-alder, and black-willow. The pond is fed by
groundwater exchange with Alarka Creek. The areas to be filled are a part of
an old borrow pit, used during the construction of Highway 74, which has
naturalized over the last twenty years. The applicant intends to construct
rental housing units atop the fill areas. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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
w
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, based on available information, is not aware that
the proposed activity will 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 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
2
0
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after December 12, 1994.
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 18, 1994,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., November
25, 1994, or telephone [phone].
3
VICINITY MAP
no t to scw(e
JA;
ell
POTATO -HILL
ELEV. 3,306 r
r-

ri?
6Y X51

Z R
D
.. ka : Cori?rriu?
.a; e, r. .
ChQ? eston Township .. Ji r..
I";Srvoii

W

sf it p 1
. 45•
f y r

• _ t wog drawn urtd6r, mY
thot.-AhIe.' aa
,u ecvlsion;:
t; J. RAN HFRR?. ?? . and rn P
0.40 tslon from on - octud wnrey_ m-do- Y ?d os dro +
the boundaries not` surveys,s,d?eociy ind? lhct. rotlo
tt;at tton .foW? 'wEDGA frOCn Infortna ••?, s ?? 0o O? is 0 ,. c.
4316m«,lated,??.f.,..,..2?-- win ' rY Comri?uni y
s:.
L?,' ? th y???o}w ,,: -•,a• ?,,?,?;• ?., ... Alark , ? ToRsh?
ai+d ond. Charleston w P
.,
• AI
rvoy r •
number = ! r•
Re9lsti'atlon and 202 z -:?+ SWQtt c t' C
. • ,, -32 2 i = rT
NOT TO SCALE
iii - ,? :? I.. Y" ?., ?' •? ?? ,,
Pit
Jill
?J
i
/
12' Soil Rood
/
P. A. Broedfow
DB 112 - PG 671
DB 165 - PG 565
KIM
,'..• PILL AREA PI ., I'.??' a.'•' s.,i?:• /=
- ? APPRO%INATLLT t30'X 700'X S" AREA
PILL MATERIAL NILE RL TRUCKED IM PROM OTMLR EITLS '. •?`,;?' 1?.;?,.?
APPROXINATELT 14000 CU. Till MATERIAL
R
•, •. •... •?if/ PILL ARLA IL
PILL/ APPROXIMATE LSO'X "X 4' ?k-;'
?...?.: MATERIAL MILL LE EE TRUCX AREA
/ APPR LD 100 OXIMATLL IM PRO
/ .p.
''.,'b•'. T 4000\ TDS. MATLRIALR SI LS.•
f-1e' R/1y
• 100' RIV
J \
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 24, 1994
Regulatory Branch
Action ID No. 199500021 c
Mr. John Dorney O CT 2 6 I
Division of Environmental Management
North Carolina Department of WETLAWi- 3
U;,
Environment, Health and "WATER?-•
..,
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Edgar Styles for Department of the Army
authorization and a State Water Quality Certification to discharge fill
material into a 2.3 acre pond and wetland area adjacent to Alarka Creek in
conjunction with site development for rental housing units near Bryson City,
Swain 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 is 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, in most cases, 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, or asked for an
extension of time, by December 21, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
e 6Wrih
hief, Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 071&iW3
(33 CFR 325) Expirm 30 Sephmhar 1M
repordnp burden for this collection of inlonnadon Is ssdmated to average 5 hours par response for Ilse m*dty of caws, Including des time for revolwV instructions,
ing existing data sources. gathering and maintaining tw dats needed. a nd completing and revlaiMnq dw collection of Inbmnation AppAcatiorw for Legere a mac compNx
s, a dew In ecologicaly sensitive areas, could take up to 500 hours. Send comments regarding this burden esdmats a any odwr aspect of this collection of informadon.
ng suggestions for reducing this burde, to Department of Dater", Washington Headquarters Service. Directorate fa W rmadon Operations and Projects. 1215 Jefferson
Hlghway, Suits 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork ReduWon Pro)sd (0710.0003), Washington. DC 20503. Plww
r
Nar
T RETURN your completed form to okhw of these addres"& Completed a"11cadon must be submitted to tM Db#W Engineer havkng Mledlodon over ts
n of the propose! aetift.
epartment of tM Amy pert program is auftrized by Section 10 of dins Rivers and Harbors Ad of logo. Section 404 of dw Clem Water Ad and Section 100 of tlw Mate.
ion, Research and Sandurks AcL TMw laws nula pemits &*Wzing activides in a affecting navigable waters of Ilw United Stator, Ilse diedwrge of dredged or rid
, Into waters of tM United Slam. and tM transportation of dredged materW for da purpose of dumping k Into ocean waters. knlormadon provided on 1No farts will be wed
uating tM application for a pemk. Inlomwdon in ft applicais made a mener of public recor dvough issuance of a pubic notice. Disclosureof tM Wormadon
tsd N vohntsry; (however, des data requested an necessary In order to communkaM with dw appiant and 1D evaMuats tM permit appiatlon M rseoessary Mnkrlrwdon b
pvided. dw permit applicadon cannot be processed nor can a permit be based.
Ons wt of o riginal dmwYhgs or good reproducible copies which show Ow location and dharactsr of Ilse proposed activity mwt be attached to this application (sw amoe drawkps
and instructions) and be subrnilad to dw District Engineer haft jurisdiction over tM location of tM proposed activity. M applfadon cwt Is not oompWW In full will be returned.
1. APPLICATION NUMBER (To be assigned by Caps) 3 NAME. ADDRESS. AND TITLE OF AUTHORIZED AGENT
EDGAR STYLES
RECEIVE
P.O. BOX 585
"o "N 713
T=Orl3
2. NAME AND ADDRESS OF APPLICANT % { t .

EDGAR STYLES ?t1t 9TTIT CRANCH Arc ( ) 498-3119 (Residence)
=(jg ) 4RR-3275
f
(of
lo.)
O
#
P.
. BOX 585
Statement of Autwizadon: l hereby designate and audrortze
BRYSON CITY, NC 28713 to act In my
Telephone no. during business hours behalf as my agent In Ilse processing of this permit application and to famish,
upon request, supplemental Wormadah In support of the application.
704
488
3119
Arc(
)
-
(Residence) SIG TUBE OF APPL
Arc(704) 488-3275 (Office)
4. DETAEED DESCRIPTION OF PROPOSED ACTIVITY
4i ACTWITY TO FILL IN AREA OF OLD EXCAVATED GRAVEL PIT CREATED 20-25 YEARS AGO. - --
APPROXIMATE 18000 CU. YDS NEEDED TO FILL THE AREA. THIS WILL MOVE THE EXISTING
GRAVEL PIT POOL TO THE PROPOSED POND SITE. AREA INVOLVED WILL BE 2 SITES WITHIN
THE GRAVEL PIT AREA 81,-250''x 3001x5' and #2,-100'x250'x4' IN SIZE APPROXIMATELY.
4b. PURPOSE
TO CREATE RENTAL HOUSING FOR COMMERICAL USE AND PUBLIC HOUSING. SEPTIC SYSTEM
WILL BE LOCATED ON NW CORNER OF PARCEL. DRIVEWAYS, RECREATION AREA WILL BE PART
OF FINAL CONSTRUCTION.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
FILL MATERIAL WILL BE EARTH FILL, SANDY CLAY MATERIAL FROM 'VARIOUS SITES NEAR
PARCEL. ALL MATERIAL WILL BE TRUCKED TO THE SITE, SPREAD AND COMPACTED BY
SHEEPFOOT ROLLEF, DOZER. ALL DISTURBED AREA WILL BE STABILIZED BY SEEDING TO A
PERMANENT GROUND COVER.
tfvu r V HM 4345, Sep 91 EDMN OF JAN 91 13 OBSOLEM Prop-en s; CEDw-013)
b. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC.. WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
SEE ATTACHED LIST
8. WATERBODY AND LOCATION ON WATER13ODY WHERE ACTIVITY EXISTS OR IS PROPOSED
ALARKA CREEK BESIDE US 74 AND MALLARD ROAD (PRIVATE DRIVE). SWAIN COUNTY, WEST
OF BRySON CITY, NC 2 OR 3 MILES.
T. LOCATION ON LAND WHERE ACTIVITY. EXISTS OR IS PROPOSED
ADDRESS:-
STREET . ROAD. ROUTE OR OTHER DESCRIPTIVE LOCATION
SWAIN N
.. , ? ?8713
COUNTY STATE ZIP CODE
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
it err .
8. Is any portion of the actiNty la which authorization is sought now oomplateT p YES d'4
If answer is 'yas', glw rsasonsa month and year the activity was completed. Indicate the existing work on the drawings.
!i. Ud ON approvals or card( edoin and denials received from other federal. Interstate, state or local agencles for any atructurim construction, diwAmon or other
wdwdn.dmwNm n NONE
1$SIIING AGENGY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
10. Appkm*m ls hweby made for a psm* or psmdU to aut xWn the a UWdas dasaibed herein. 1 certify that I am familiar with the Information contak ed In the
application, and that to the beat of my bwwlsdgs and beief such information In trtrs, oomplete, and accurate. I further cartify that I possess the authority to
1rnd lWw the proposed activities or 1 am actkno as the duly authorized agent of Ow appkwt.
810 EiE OF LICANT DATE; SIGNATURE OF AGENT DATE
flee application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
autioriLed agent if d?e statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 pmovidee that Whoever. in any ffww er within the jurisdiction of any depwWmt or agency of The United States
kftowin* and willfuby Mom oonceale, or covers up by any bi* sc wi% or device a malarial tad or Makes any false, fictitiotm or f5reudgent
etaleflter>ts or repVeentations or makes or uses any Use wnWV or dotxattsnt knowing same to contain any false ficWtous or
fraudulent 8111*nent or entry, annals be breed not more than $10,000 or Yf>pdwned not more than five years, or both
1....ww w amp ?imr. 04w/ 'U.S. Cioarrrrwd F`Mdng OMOr. 1991 - 026235/40301
VICI)ITY MAP
not to a??ad?e
•
JAC
ePTATO IHU. ?, Y•.
ELEV. 3,306 7t
T I
i
h'

?_.
``' Aki?ka Commun
• r. r:
'?.Chor/eston Township ,Swain

L J. RANDY' HERRON certify thot •thle Plat was drown °r:?my
tu?d m F SUPKVlsl°n;.
wp"Blon from an octual surrey m4. or ed as ' drpgnn
that the boundaries not`?wrvey? y thci S!1e of :d• ratio D GAR y f'+ STw S
frock, Infortnotlon:.Vound ?
W«+ cm«,? . ?: 4?oMk.,- a Comm!n? fy
pr pored'?t ond'..at?;ordone`tr?re>a _ F Y I. A/ork
,,?,d ??d «?d
chayeston Township
?N ?ARp '?•
rve z ,.
Resl?trotlon: nwnber L 3202?=O SWQrny' COn?r . N. C.
/
c... ?t M /
j _ 32
a rF ^PI t/ ?Y ?' NOT TO SCALE
Al, 2
,<
12' Soil Road
DB 112 - PG 671
DB 165 - PG 585 t}
I I ?'
/
I I
/
:.e,
/I II
/ /
/
14
01 5-? 4.1 J&
/ PILL ARLA 01
APPROXINATLLY 230•% 300•% S" ARLA
PILL NATLRIAL WILL LL TRUCK{D IN }ROM OTHER SI7L3
APPRO%NATLLY 1A000 CU. Y09. NATLRIAL
i.,n7
ARIA 12
•+i'.+ PILL MATLRfALXWMATL" PILL TSO"% 100"X
18 {" ,, •!t'!rk
/ AP?RO ILL RUCKLD 0" ARLA
PPP XIMATLLT ?000 CU. TDS•}R NA ON OTNLR SI LL'
P R TLRIAL
/ fOd' RA
------------------
Howard ?F ` `l / / />??
NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS
Mr. Buster Howard
P.O. Box 1658 (70 .SL 7.2,
Bryson City, K.C 28713
Mr. Paul Breedlove
41 Mallard Road
Bryson City, NC 28713
(70 ?4 ) - AYR - 6 a S
Mr. Doc Holliday
Box 101 Hwy 19 South
Bryson City, NC 28713
8 1994
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers WETLANDS GROUP
Post Office Box 1890 "IATER U/iLITy SECTI( nt
Wilmington, North Carolina 28402-1890
Action ID No. 199500021 October 27, 1994
PUBLIC NOTICE
EDGAR STYLES, POST OFFICE BOX 585, BRYSON CITY, NORTH CAROLINA 28713 has
applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL
INTO AN APPROXIMATE 2.3 ACRE POND AND WETLAND AREA, ADJACENT TO ALARKA CREEK
AND US HIGHWAY 74, IN CONJUNCTION WITH COMMERCIAL SITE DEVELOPMENT WEST OF
BRYSON CITY, Swain 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 discharge of approximately 18,000 cubic yards of earthen
fill into two areas of the existing pond, thereby reducing it's size, to
create additional ground for development. The two areas measure 250-feet by
300-feet and 100-feet by 250-feet. The areas to be filled are partially open
water and partially emergent/shrub wetland dominated by spike-rush, sedges,
soft-rush, bulrushes, tag-alder, and black-willow. The pond is fed by
groundwater exchange with Alarka Creek. The areas to be filled are a part of
an old borrow pit, used during the construction of Highway 74, which has
naturalized over the last twenty years. The applicant intends to construct
rental housing units atop the fill areas. 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 (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 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, based on available information, is not aware that
the proposed activity will 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 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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
2
I
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after December 12, 1994.
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 (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 18, 1994,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., November
25, 1994, or telephone [phone].
3
VICINITY MAP
not to awe
JAC .41
LM
POTATO iLl.. n,1 Va.
ELEV. 3,306 \
lr.w
., . ;
13
r
22
y • •?{?.
?6 .

Gd MiM?&n

ar.ton
Torvliship ,
= ,Swot

4el
i
.'X .

J. R?1NpY' HERROH G"fy thct.'thle:.piat Moai dror!n my'
I «yiSion ' •from.. an oct Tali survey m. . undp^Q Y.'. sd . as &9mm
01
thzt the boundaries not'survey? s d Y.;e yak ratio ??j?
R
frocri tntortnatlorfoLmd? ?..,,. ,..; sppOw.Y 'ii.ptp{ was .?
of. ton: ai- omaiicted??':M 1N?t" "'Y Alork COn7fl7unl
'D?L?. occof4cnce'witti' S:r,4Z'?} 19,x'•: p .
ona and To wn sh ip
-- Chorieston
rVo: a _
R istirotia+?.number L 3202 z 1 ? `', $wQlrr Can tyr ' N. C.
-32
NOT TO SCALE
t ,
12' Soil Rood
P.A Brie edl'ovs
DB 112 - PG 671 `
DB165-PG 585
PILL AREA 01 .. - •' .. •.`.: /•.. ?l
'?•+;.',rI
- APPROXIMATELY 230'X 300'X S" AREA
FILL NATRRIAL MILL tE TRUC%LD IN PRON OTHER SITES ,-, " ,••• "
A?tR0%I MATLLT 14000 CU. YDS. MATERIAL •'/ 1 , ?' +?j, I .
01' ? - ti. ,r^ •"?Y'.. yr ?-!
k.' /' /. t ?1?c r 1 w,
... •?'?? APPRO PILL ARLA /2 ..?•1. ?. .
PILL MATERIAL XINA7LLT 2,.tE `
WILL. tt TRU X R" AREA i';.Yt'C7
APPROXIMATELY A000 CKED 100
CU. Tos IRON OTHER Sf ESQ,
1.6' RIW J? 1 MATERIAL
/ 100' R/W
18' RIW
// ?^ ?V /
4k
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Inland 404 Coordinator
Division of Coastal Management, DEHNR I=/
FROM: David Yow, District 9 Habitat Biologist
Habitat Conservation Program
DATE: November 28, 1994
SUBJECT: U. S. Army Corps of Engineers Action ID No. 199500021,
request from Edgar Styles for authorization to
discharge fill into an approximate 2.3 acre pond and
wetland area adjacent to Alarka Creek in conjunction
with commercial site development, Swain County, North
Carolina.
This memorandum responds to a request from the applicant for
a Corps 404 permit to fill the subject waters and wetlands. The
N. C. Wildlife Resources Commission (NCWRC) has reviewed the
proposed project, and our comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), the River and Harbor Act of 1899 (33 U.S.C. 403), and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d). A site inspection was conducted on November
22, 1994 to further assess project impacts on fish and wildlife
resources.
The proposed work involves partial filling of an existing
pond and vegetated wetlands associated with pond margins. The
waters and wetlands affected were artificially created during
earlier highway construction, and habitat values are typical of a
manmade pond. Our primary concern is protecting water quality in
nearby Alarka Creek, a trout stream. The value of the pond in
controlling runoff and sedimentation from the project site should
be considered and retained in the proposed development.
The NCWRC is concerned over impacts to Alarka Creek from
construction activities. However, we do not object to issuance
of a 404 permit for the proposed work, provided the following
recommendations are included as permit conditions:

Action 199500021 Page 2 November 28, 1994
1. The portion of the pond remaining after fill discharge
should be managed as open water with marginal vegetated
wetlands similar to the existing habitat. The
construction site should be graded so that runoff is
received by the pond or by supplementary erosion control
structures, rather than by Alarka Creek.
2. A 25-foot buffer area should be left undisturbed between
the construction site and Alarka Creek. No runoff or
sediments should be directed into the creek from the
construction site.
3. Disturbed soils should be stabilized with grass seed,
mulch, or other materials within 15 days of completion
of grading on the project site.
Thank you for the opportunity to provide input in the
planning stages for this project. If I can further assist your
office, please contact me at [phone].
CC: Joffrey Brooks, District 9 Wildlife Biologist
Micky Clemmons, District 9 Fisheries Biologist
Stephanie Goudreau, Mtn. Region Habitat Coordinator
Robert Johnson, Manager, Asheville Field Office, USACE
Janice Nicholls, U. S. Fish and Wildlife Service
John Dorney, Water Quality Planning, DEM, DEHNR
1? 1
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
January 17, 1995
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
5661 E Ndf'
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199500021 dated October
27, 1994 which describes a project proposal by Edgar Styles of Bryson City. The proposal,
involving the discharge of fill material into a pond and wetland area, is located adjacent Alarka
Creek west of Bryson City, in Swain County.
Based on a coordinated agency review, the state interposes no objection to the project.
One key agency, i.e., the Wildlife Resources Commission, did express concern about protecting
the water quality of Alarka Creek which is a trout stream. The writer would question the
wisdom of building residential housing on filled land, especially in a mountain area. Future
owners may experience flood or foundation settling problems.
Comments of the responding agencies follow:
Wildlife Resources Commission
1. The portion of the pond remaining after fill discharge should
be managed as open water with marginal vegetated wetlands similar
to the existing habitat. The construction site should be graded
so that runoff is received by the pond or by supplementary erosion
control structures, rather than by Alarka Creek;
2. A 25-foot buffer area should be left undisturbed between the con-
struction site and Alarka Creek. No runoff or sediments should be
directed into the creek from the construction site;
3. Disturbed soils should be stabilized with grass seed, mulch, or
other materials within 15 days of completion of grading on the
project site;
M TIVA
6?V
AE*eA
?EHNR
P. O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Dr. G.Wayne Wright
Page 2
January 17, 1994
Division of Land Resources - responds that a 25' undisturbed buffer zone
should be maintained along Alarka Creek to satisfy trout stream buffer
requirements;
Division of Environmental Management - for the record, issued the required
Section 401 Water Quality Certification on November 23, 1994. Certification
No. 2943 includes important environmental safeguards.
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the responding agencies.
Very sincerely,
Joh R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Land Resources
Division of Environmental Management tl?
COE--Asheville