19961122 Ver 1_COMPLETE FILE_19961211

State of North Carolina IT4 -MM
Department of Environment,
Health and Natural Resources
Division of Water Quality
James Hunt, Governor ED F= H N 11
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 15, 1997
Mr. Bobby Young
Toe River Sand and Gravel, Inc.
P.O. Box 755
Micaville, NC 28755
Dear Mr. Ye`,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed installation of metal culvert
WQC Project #961122, COE #199702138
Yancey County
Attached hereto is a copy of Certification No. 3096 issued to Mr. Bobby Young dated 15
January 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Pe'stolno ard, Jr. P
Attachments
961122.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Feld Office
Asheville DWQ Regional Office
P& JQhn Dora ey '9
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Telephone [phone] FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY 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
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Bobby Young in Yancey
County puisuant to an application filed on the 5th day of December of 1996 to install 140 feet of
metal pipe in Ayles Creek to widen a haul road.
The application provides adequate assurance that the discharge of fill material into the waters
of Ayles Creek in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your applicat
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills for thi;
project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must f
the conditions listed below. In addition, you should get any other federal, state or local pe I
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.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant ' rease in
turbidity outside the area of construction or construction related discharg (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 s in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout wat s).
Violations of any condition herein set forth shall result in revocation of this Cert cation and
d oid unless
may result in criminal and/or civil penalties. This Certification shall become null an
the above conditions are made conditions of the Federal 404 and/or coastal Area Mangement Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory he ' g upon
written request within sixty (60) days following receipt of this Certification. This equest must e
in the form of a written petition conforming to Chapter 150B ofthe North Caro ' General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, aleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have th right to an
adjudicatory hearing on the modifications upon written request within sixty (60 days follow' g
receipt of the Certification. Unless such demands are made, this Certification s all be final d
binding.
This the 15th day of January, 1997
DIVISION OF WATER QUALITY
eston id Jr.
WQC #3096
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 12, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
RECS/
RON NrAt 1
? c?
T
ED E H N.FZ
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702138 dated December
5, 1996 describing a proposed project by Mr. Bobby Young 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 1/3/97. 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 su orts the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed M>J, Date 1 l ??
0 -
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 - 50% recycled/ 10% post-consumer paper
PAGE 01
0
•
EMO.
D:
uBJ
FEINT W,HMS : ?
Reviewer: G
WQ SUPV.:
H DATE:
ATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 96 PERMIT NO: 0001122 COUNTY: YANCEY
APPLICANT NAME: BOBBY YOUNG/TOE RIVER SAND ANDp?xTLTYPE: IP
PROJECT TYPE; MINING T'
COE #: x.9970213$
RCD FROM DATE F? CDA: 121I1/96
DA : COE
REG OFFTC CE: ARO
LIVER AND_SUB BASXN_j: 040306
STR INDBX NO: 7-2-52-33-11
STXZAM CLASS : C
WL_IMPACT?: Y
WL REQUESTED : Al
WL SCORE(#): N
MITIGATION?: Yo
WL TYFE: v6rrt w'ffeC
,II. ACR EST? : Y/N 4A.-
WATEk IMPACTED BY FILL.? 4--
MITIGATION TYPE: /Vtvr
MITIGATION SIZE: N I%- DID YOU REQUEST MORE INFO?s Y I
IS WETLAND RATING SHEET ATTACHED,?? : Ya'
HAVE PROJECT CHANGES/ CONDITIONS BEEN DI. , D WITH APPLICANT? : yqj )
RwomMENDATION (Circle One s ISSUE SSUE/COND.DENY
COMMENTS :
_?.-r s c?c1 ?a lug a -, f f
itc v
CC: Regional office
central Files
01106/1997 13:09 7042516452
44?

4
17
4
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: December 16, 1996
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199702138, Application
submitted by Mr. Bobby Young to install a culvert in Ayles Creek at Toe River
Sand and Gravel, Inc., Yancey County.
The North Carolina Wildlife Resources Commission has reviewed the information
provided by the U.S. Army Corps of Engineers, and biological field staff are familiar with the
project site. 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 install 140 linear feet of 10-foot diameter metal culvert in
Ayles Creek at his mining operation. Approximately 10 cubic yards of earthen backfill material
will be discharged below the plane of ordinary high water. Large diameter quarry stone will be
used to construct headwalls at the inlet and outlet ends of the pipe. The purpose of the work is to
allow for widening of the haul road which leads from the quarry to the truck ;weigh scales. This
is necessary to comply with safety code requirements associated with the applicant's mining
permit.
Although we do not have fisheries information for Ayles Creek, the stream provides good
habitat for trout. We have no objection to the issuance of this permit, provided the following
conditions are met:
1) The culvert should be buried 6-12 inches below the existing stream bed to maintain fish
passage.
qw,
?g
.I` 199702138 Page 2 December 16, 1996
2) If concrete will be used, work must be accomplished so that wet concrete does not contact
stream water. This will lessen the chance of altering the stream's water chemistry and
causing a fish kill.
3) Heavy equipment should be operated from the bank rather than in the stream channel in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants
into the stream.
4) Temporary or permanent herbaceous vegetation should be planted on all bare soil within
15 days of ground disturbing activities to provide long-term erosion control.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 704/652-4257.
cc: Mr. David Baker, COE, Asheville
USFWS, Asheville Office
Mr. John Dorney, DWQ
C
r
x?'yf ax t .
as
? ??
?- State of North Carolina IT
?• Department of Environment,
Heal-l h and Natural Resources 1 •
Nwision of Coastal Management a 'M IL
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1DEHN R
Roger N. Schecter, Director
December 12, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702138 dated December
5, 1996 describing a proposed project by Mr. Bobby Young 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 1/3/97. 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, P;6 FAX [phone]
Raleigh, North Carolina 27611-7687 **C An Equal Opporturnty/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post-consumer paper

s? t.,
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199702138 December 5, 1996
PUBLIC NOTICE
MR. BOBBY YOUNG, OWNER OF TOE RIVER SAND AND GRAVEL, INC., POST OFFICE
BOX 755, MICAVILLE, NORTH CAROLINA 28755 has applied for a Department of the
Army (DA) permit TO DISCHARGE FILL MATERIAL INTO AYLES CREEK IN CONJUNCTION
WITH THE INSTALLATION OF 140 LINEAR FEET OF METAL CULVERT AT HIS MINING SITE
LOCATED OFF OF HIGHWAY 80 in Micaville, Yancey County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
installation of 140 linear feet of 10-foot diameter coated corrugated metal
pipe in Ayles Creek channel. Ipproximately 10 cubic yards of earthen backfill
material will be discharged below the plane of ordinary high water on the
sides of the pipe. Large diameter quarry stone will be used to construct
headwalls at the inlet and outlet ends of the piped segment. An emergency
drainage swale will be constructed on top of the piped channel. The purpose
of the work is to allow for widening of the haul road which leads from the
quarry to the truck weigh scales to comply with safety code requirements
associated with the applicant's mining permit. 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 site 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.
'--> ..

2
The District Engineer, based on available information, is not aw
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Spe
of 1973.
The decision whether to issue a permit will be based on an evalu
the probable impacts, including cumulative impacts, of the proposed a
and its intended use on the public interest. Evaluation of the proba
impacts which the proposed activity may have on the public interest r
careful weighing of all those factors which become relevant in each p
case. The benefits which reasonably may be expected to accrue from t
proposal must be balanced against its reasonably foreseeable detrimen
decision whether to authorize a proposal, and if so the conditions un
it will be allowed to occur, are therefore determined by the outcome
general balancing process. That decision should reflect the national
for both protection and utilization of important resources. All fact
may be relevant to the proposal must be considered including the cumu
effects thereof. Among those are conservation, economics, aesthetics
environmental concerns, wetlands, cultural values, fish and wildlife
flood hazards and flood plain values (in accordance with Executive Or
11988), land use, navigation, shore erosion and accretion, recreation
supply and conservation, water quality, energy needs, safety, food an
production, mineral needs, considerations of property ownership, and,
general, the needs and welfare of the people. For activities involvii
placement of dredged or fill materials in waters of the United States
permit will be denied if the discharge that would be authorized by sul
would not comply with the Environmental Protection Agencies, 404(b)(1
guidelines. Subject to the preceding sentence and any other applicab:
guidelines or criteria, a permit will be granted unless the District l
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; F,
State and local agencies and officials; Indian Tribes and other inter
parties in order to consider and evaluate the impacts of this propose
activity. Any comments received will be considered by the Corps of E
to determine whether to issue, modify, condition or deny a permit for
proposal. To make this decision, comments are used to assess impacts
endangered species, historic properties, water quality, general envir
effects and the other public interest factors listed above. Comments
in the preparation of an Environmental Assessment (EA) and/or an Envi
Impact Statement (EIS) pursuant to the National Environmental Policy
(NEPA). Comments are also used to determine the need for a public he
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the
permit will not be made until the North Carolina Division of Environ
Management (NCDEM) issues, denies, or waives State certification req
Section 401 of the Clean Water Act. The NCDEM considers whether or
proposed activity will comply with Sections 301, 302, 306, and 307 o
Clean Water Act. The application and this public notice for the Dep
the Army (DA) permit serves as application to the NCDEM for certific
that
es Act
tion of
tivity
le
quires a
rticular
s. The
er which
f the
concern
rs' which
ative
general
alues,
water
fiber
in
g the
a'
h permit
e
ngineer
3eral,
shed
gineers
this
on
nmental
are used
onmental
ct
ring and
rmy (DA)
ntal
red by
t'the
the
tment of
s •
3
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the North Carolina Division of Water Quality,
4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction
costs.
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 Water Quality, 4401 Reedy Creek Road, Raleigh, North
Carolina 27607, on or before December 27, 1996, 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., January
3, 1997, or telephone [phone].
.--4 _ •

sou rH i
roF
e
U.S. HINT. 19-E RIVER
M ICAVILLE

PROJECT
LOCATION
N
S

PISGAH NATIONAL FOREST
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755 TOE RIVER STONE
MICAV[LLE, N.C. 28755 ADJACENT PROPERTY OWNERS:

PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
INSTALLATION OF 10' DIA. MICAVILLE, N.C. 2875
PIPE IN AYLES CREEK
DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
LOCATION: MICAV[LLE, N.C. 2875
APPROXIMATELY 0.6 MILES SOUTH
OF MICAVILLE ON HWY 80. McGILL AS OCIATES, P.A.
COUNTY: STATE: CON& LT'NG S
YANCEY NORTH CAROLINA
SCALE: NO SCALE DATE: APRIL 19, 1995 SHEET 1 OF 3 - ASHEVLLE, "TH CAROLINA
Y
OSED ? i NATURAL °d , _
ELF 10' MET/ L CyLVERT \ SEDIMENT POND/ / ?KS-
- - ?J.4%% INVERT/ IN 995.0 ITV- QUARRY
FLOOR VERBURDEW
R0 q;i .... i
- _ UP ARRY
- i-- .... ......?.? i - - STORAGE AREA
'o ' \ - - _ EXISTING - -
nor. ?..•? ?.... ?.-
?'? - , \ RTPRAP-OHiL€T _ED? IRS- ROCK CRUSHER
r -` - - - - - -DI.WRS[ON DITCHES
m-QVE?.WRAP _ _
R- - - - _
ROAD ?7
GRAVEL
RETE PAD 11
COPIC
GRAVEL-984- \ / -
•i
i
HOUS
i
i
g t VSO i i '?
VN`?,GStt ? j ? ? ' ?
N
N?
EXIST. 1 FT. WASHED STONE
BERM ® TOP OF STREAM BA
-ADD 1' TO EXISTING
BERM (TYPICAL)
APPLICANT:
TOE RIVER STONE & GRAVEL
POST OFFICE BOX 755
MICAVILLE, N.C. 28755
I PROPOSED CONSTRUCTION:
INSTALLATION OF 10' DIA.
PIPE IN AYLES CREEK
GRASS - - - \
UP
r?? 995
ASSUMED DATUM
TBM IS TOP OF RAILROAD SP
SET IN UTILITY POLE
ELEV. =1000.00' (ASSUMED )
(2549.8' MEAN SEA LEVEL)
PROPOSED
ROCK HEADWALL
LOCATION:
APPROXIMATELY 0.6 MILES SOUTH
OF MICAVILLE ON HWY 80.
COUNTY: STATE:
YANCEY NORTH CAROLINA
SCALE: 1" = 50' DATE: APRIL 19, 1995 SHEET 2 OF 3

-- -980
- -985
-990
\P
REMAINS OF
OLD RAILROAD
EXISTING
RIPRAP STREAM
BANK PROTECTION
PROPOSED
EMERGENCY
DRAINAGE SWALE
PROJECT:
MINING PERMIT MODIFICATION
TOE RIVER STONE
ADJACENT PROPERTY OWNERS:
UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
MICAVILLE, N.C. 28755
DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
MICAVILLE, N.C. 28755
icGILL ASSOCIATES, P.A.
CONSULTING ENGINEERS
ASHEVILLE, NORTH CAROLINA
--A rA
•
PROFILE
SCALE: HORIZ. 1 10'
995 VERT. 1 5'

990
PROPOSE
_ 1.5 EMERGEN 'Y
DRAINAGE SWALE
985 i

EXIST[
CREEK G
BANK
-
,,
980 ?'
i

PROPOSE

975 SELECT B CKFILL
PROPO ED
10" D14 . COATED
& PAVE D CMP UPSTREAM ELEVATION
970
NOTE:
ANY DIST
URBED STREAM B KS TO BE
RESTORED TO ORIGINAL CON ITION.
10+00 10+20 10+40 10+60
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755 TOE RIVER STONE
MICAVILLE, N.C. 28755 ADJACENT PROPERTY OWNERS:

PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 84§
INSTALLATION OF 10' DIA. MICAVILLE, N.C. 28751
PIPE IN AYLES CREEK DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24

LOCATION: 1
MICAVILLE, N.C. 2875
APPROXIMATELY 0
6 MILES SOUTH
.
OF MICAVILLE ON HWY 80. MCGILL AS OCIATES, P.A.
COUNTY: STATE: CONSULTING ERS
YANCEY NORTH CAROLINA
M
SCALE: AS NOTED DATE: APRIL 19, 1995 SHEET 3 OF 3 ASFEVLLE,
R CAROLINA

t,

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199702138
PUBLIC NOTICE
MR. BOBBY YOUNG, OWNER OF TOE RIVER SAND AND GRAVEL, INC., POST OFFICE
BOX 755, MICAVILLE, NORTH CAROLINA 28755 has applied for a Department of the
Army (DA) permit TO DISCHARGE FILL MATERIAL INTO AYLES CREEK IN CONJUNCTION
WITH THE INSTALLATION OF 140 LINEAR FEET OF METAL CULVERT AT HIS MINING SITE
LOCATED OFF OF HIGHWAY 80 in Micaville, Yancey County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
installation of 140 linear feet of 10-foot diameter coated corrugated metal
pipe in Ayles Creek channel. Approximately 10 cubic yards of earthen backfill
material will be discharged below the plane of ordinary high water on the
sides of the pipe. Large diameter quarry stone will be used to construct
headwalls at the inlet and outlet ends of the piped segment. An emergency
drainage swale will be constructed on top of the piped channel. The purpose
of the work is to allow for widening of the haul road which leads from the
quarry to the truck weigh scales to comply with safety code requirements
associated with the applicant's mining permit. 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 site 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.
December 5, 1996

2
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 a?tivity
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 an' 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 propose
activity. Any comments received will be considered by the Corps of E gineers
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.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environ ental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or otlthe
proposed activity will comply with Sections 301, 302, 306, and 307 o? the
Clean Water Act. The application and this public notice for the Department of

t
the Army (DA) permit serves as application to the NCDEM for certification.

f
-? i /oW*OSED i ? NATURAL 0°66.,x.'
11 ?G LF 10' MET/ L CI?LVERT ` ,S,EDIMENT POND///
h? _
.49a INVERT/ IN 995.0 IN' QUARAY
_ FLOOR ??1? -- VERBM EN---
UP k ARR Y A ;/ ..... ` - - STOR-AGF- AREA-
!=i'
00 00
EXISTING -
RiPRAP`-WU -&T EDR
- -
( - r - - - - - DL?RSION DITCHES
?r IBEFS- ------
rii -I ROCK CRUSHER
PROPOSED
ROCK HEADWALL
CONCRF-TE P AC EX?S? oyol - - - - - - _
Al984-
i S
yG HOUS /
i
4glQ 0A SWPO -V
f"
1
EXIST. t FT. WASHED STONE
N?
BERM ® TOP OF STREAM BANK
ADD 1' TO EXISTING
BERM (TYPICAL)
APPLICANT:
TOE RIVER STONE & GRAVEL
POST OFFICE BOX 755
MICAVILLE, N.C. 28755
1 PROPOSED CONSTRUCTION:
I INSTALLATION OF 10' DIA.
PIPE IN AYLES CREEK
LOCATION:
APPROXIMATELY 0.6 MILES SOUTH
OF MICAVILLE ON HWY 80.
i
11 l
GRASS _ - - \
UP ?
9,95
ASSUMED DATUM
TBM IS TOP OF RAILROAD SP
SET IN UTILITY POLE
ELEV.=1000.00'(ASSUMED)
(2549.8' MEAN SEA LEVEL)
REMAINS OF
OLD RAILROAD
COUNTY: STATE:
YANCEY NORTH CAROLINA
SCALE: 1" = 50' DATE: APRIL 19, 1995 SHEET
ROCK C USHER 11AC? YG RR?1e . - - - _ -
(IIIARRY PnAn
L? GRAVEL
?
_-Iaft
---980
- - -985
---990
\P-
EXISTING
RIPRAP STREAM
BANK PROTECTION
PROPOSED
EMERGENCY
DRAINAGE SWALE
PROJECT:
MINING PERMIT MODIFICATION
TOE RIVER STONE
ADJACENT PROPERTY OWNERS:
UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
MICAVILLE, N.C. 28755
DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
MICAVILLE, N.C. 28755
McGILL ASSOCIATES, P.A.
CONSULTING ENGINEERS
2 OF 3 - ASHEWLE, NORTH CAROLINA
N. ,r
PROFILE
_ SCALE: HORIZ. 1 10' - j --
995 VERT. 1 5'
I
990
PROPOSE
1.5' EMERGEN Y
DRAINAGE] SWALE
985

EXISTI
CREEK G
?
BANK-\
'
980 ,
'
j
i

' PROPOSE

975 SELECT B' CKFILL
PROPO ED
10" DI COATED
& PAVE D CMP UPSTREAM ELEVATION

970
NOTE:
ANY DISTURB
N
S
ED STREAM BA
K
TO BE
RESTORED TO ORIGINAL CONDITION.
10+00 10+20 10+40 10+60
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755 TOE RIVER STONE
MICAVILLE, N.C. 28755 ADJACENT PROPERTY OWNERS:

PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
INSTALLATION OF 10' DIA. MICAVILLE, N.C. 28751
PIPE IN AYLES CREEK DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24I

LOCATION: MICAVILLE, N.C. 2875{
APPROXIMATELY 0
6 MILES SOUTH
.
OF MICAVILLE ON HWY 80. CGILL AS OCIATES, P.A.
COUNTY:
YANCEY STATE:
NORTH CAROLINA CONSULTING ERS

hk
k
SCALE: AS NOTED DATE: APRIL 19, 1995 SHEET 3 OF 3 Ak
ASFEVRIJE, NORTH CAROLINA
•
3
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the North Carolina Division of Water Quality,
4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction
costs.
All persons desiring to make comments regarding the aprlication for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Water Quality, 4401 Reedy Creek Road, Raleigh, North
Carolina 27607, on or before December 27, 1996, 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., January
3, 1997, or telephone [phone].
t
lie,
4
MICAVILLE
PROJECT
LOCATION '4?
PIS"H NATIONAL FOREST
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755
MICAVILLE
N
C
28755 TOE RIVER STONE
,
.
. ADJACENT PROPERTY OWNERS:
PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 8461
INSTALLATION OF 10' DIA. MICAVILLE, N.C. 2875511
PIPE IN AYLES CREEK
DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
LOCATION: MICAVILLE, N.C. 28755

APPROXIMATELY 0.6 MILES SOUTH ,
OF MICAVILLE ON HWY 80. c AS I
' WATES, P.A.
COUNTY: STATE: CONSULTING
Ik S
G
YANCEY NORTH CAROLINA T
A "

S
CALE: NO SCALE DATE: APRIL 19, 1995
SHEET 1 OF 3 AN
A
SIEVILLE, N
OTH CAROLINA
Regulatory Branch
Action ID No. 199702138
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 5, 1996
RECENED
Mr. John Dorney gEe 11 J"6
Division of Water Quality NTALSCIENCES
North Carolina Department of ENVIRONME
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
50"
. Enclosed is the application of Bobby Young, owner of Toe River Stone and
Gravel, Inc., for Department of the Army authorization and a State Water
Quality Certification to discharge fill material into Ayles Creek in
conjunction with the installation of 140 linear feet of culvert in Micaville,
Yancey 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 February 3, 1997, 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,
c
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure/as

-2-
Copies 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 I OMB APPROVAL NO. 0710-003
(33 CFR 326) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged'or fill material into waters of the United States, and the transportation of dredged
material for the purpose'of dumping it into ocean waters. Routjnp IUr es: Information provided on this form will be used in evaluating the application
for a permit.' Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible: copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions{ and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
/9974)z138
5. APPLICANT'S NAME Owner; Bobby Young 8. AUTHORIZED AGENT'S NAME AND TITLE Ian agent is not required)
Toe River Stone and Gravel, Inc. McGill Associates, P.A.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P. O. Box 755 55 Broad Street
Micaville, North Carolina 28755 Asheville, North Carolina 28801
7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE
a. Residence a. Residence
b. Business 704/675-9934 b. Business 704/252-0575
11. STATEMENT OF AUTHORIZATION
I hereby authorize, McGill Associates, P.A. to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE Isee instructions)
Mining Permit Modification, Toe River Stone and Gravel
13. NAME OF WATERBODY, IF KNOWN (ifappiicaaie;
15. LOCATION OF PROJECT
14. PROJECT STREET ADDRESS tirappiicabiel
The River Stone and Gravel,
Highway 80 South
Micaville, North Carolina
Yanry Nhri-h ('aml i na
COUNTY STATE
Inc.
28755
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
0.6 Miles South of Micaville on Hwy 80
7. DIRECTIONS TO THE SITE From Asheville, Take Hwy 19 East to Mlcaville, and Hwy 80'1 Take Hwy
80 South (0.6 Miles) to Toe River Stone and Gravel, Inc. on the right.
?1=AIr: Ct%PKA A'ZAR. r-k OA cnl1 lr kl r c C- n4 IC
18. Nature of Activity (vescApdon of project, include ep features/
'lb install140 L.F. of10 Ft. diameter Bituminous coated and paved corrugated metal
pipe in Ayles Creek. Each end is to be stabilized with a rock head wall. An emergency
drainage swale will also be constructed adjacent to the pipe.
19. Project Purpose Wescdbe the mason or purpose of the project, we lnstrucdonsl
Area adjacent to creek°-is a critical working area that needs?-expanding to protect
worker? s safety and to protect creek.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reasons) for Discharge_,_ _
Erosion Control and BAckfill for Culvert
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Select backfill: 5A CU Yards below normal flow depth
to V-_,-B bL7 Yom
22. Surface Area in Acres of Wetlands or Other Waters Filled ism /nsvucaansl
0.04 acres by Backhoe
23. Is Any Portion of the Work Already Complete? Yes No _10L IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here,
please attach a supplemental list).
Upstream: Randall Hall Downstream: J. T. Blalock
P: O. Box 846 P. Ot Box 24
Micaville, NC 28755 Micaville, NC 28755
25. Ust'of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application
AGENCY- TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED'" DATE APPROVED DATE DENIED
*Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a per r permits to authorize the work described in this application. 1 certify that the information in this
application is complete and cc u u urther certify that I possess the authority to dertake t work described herein or am acting as the
?d ut ed ag a alp ica ,
S ATU F APPLI NT ATE GNrity F AGENT DATE
The application must be signed by the person who desires to undertake the p op sad a ppl icant) or it may be signed by a duly.
authorized agent if, the statement in block 11 has been filled out and signed.
18, U.S.C. S8clion 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises''s material fact or makes any false, fictitious or
lhi&Klulent statements` or representation or makes or uses any false writing or document knowing same to contain any false, fictitious or
'fraudulent statements or entry, shall be fined not more than 91,0,000 or imprisoned 'not more`than five years or both.
•U.s.GPO:1994•62a47e/8201 a
4
MICAVILLE
PROJECT
LOCATION
PISLAH NATIONAL FOREST
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755 TOE RIVER STONE
MICAVILLE, N.C. 28755 ADJACENT PROPERTY OWNERS:
PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
MICAVILLE, N.C. 28755
INSTALLATION OF 10' DIA.
PIPE IN AYLES CREEK DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
LOCATION: MICAVILLE, N.C. 28755
APPROXIMATELY 0.6 MILES SOUTH
OF MICAVILLE ON HWY 80. k cGILL ASSOCIATES, P.A.
COUNTY: STATE: CONSULTING ENGINEERS
YANCEY NORTH CAROLINA
I I i#
SCALE: NO SCALE DATE: APRIL 19, 1995 SHEET 1 OF 3 - ASHEVILLE, NORTH CAROLINA

°
OSED i i NATURAL °?°
------ _ 1 40 ELF 10'? METAL CI,ILVERT ` SEDIMENT POND,'
47, INVERT IN 995.0 IN' QU ARMY / -` /? <
- -
,C FL QV
ERBURD
A"Y.,ROA , ;? ...? ?.... STORAGE AF A
.00
,.??•? ?? ? \ - - _ _ EXISTING
`
- - - - - -?_ - ?.` - - - - -DIVERSION DITCHES
- - - - - - ? - - - M.?P -
ROCK CRUSHER .gVF 4, RAP _ ......
1)i - - ROCK CRUSHER
QUARRY ROAD
CONRE a PAD _ J Ex?SxoSOl j?? - - - _ -'--
ceAVEC-sa4- ? •' ? ? ?
? ? P?,`' . • ALE / / ? '?? \
C3 HOUS /
y , GRASS
i (RS / i
?N??t??? /ice '
i
i
1
N?
EXIST. 1 FT. WASHED STONE
BERM ® TOP OF STREAM BA
-ADD 1' TO EXISTING
BERM (TYPICAL)
APPLICANT:
TOE RIVER STONE & GRAVEL
POST OFFICE BOX 755
MICAVILLE, N.C. 28755
PROPOSED CONSTRUCTION:
INSTALLATION OF 10' DIA.
PIPE IN AYLES CREEK
LOCATION:
APPROXIMATELY 0.6 MILES SOUTH
OF MICAVILLE ON HWY 80.
COUNTY.
YANCEY
SCALE: 1 50'

UP ?
?-? 995
ASSUMED DATUM
TBM IS TOP OF RAILROAD SPIK
SET IN UTILITY POLE
ELEV.=1000.00'(ASSUMED)
(2549.8' MEAN SEA LEVEL)
PROPOSED
ROCK HEADWALL
STATE:
NORTH CAROLINA
DATE: APRIL 19, 1995 SHEET 2 OF 3
I GRAVEL
_ -980
- - -985
-990
P
REMAINS OF
OLD RAILROAD
EXISTING
RIPRAP STREAM
BANK PROTECTION
PROPOSED
EMERGENCY
DRAINAGE SWALE
PROJECT:
MINING PERMIT MODIFICATION
TOE RIVER STONE
ADJACENT PROPERTY OWNERS:
UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
MICAVILLE, N_C. 28755
DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
MICAVILLE, N.C. 28755
McGILL ASSOCIATES, P.A.
CONSULTING ENGINEERS
ASHEVILLE, NORTH CAROLINA

PROFILE

SCALE: HORIZ. 1 10' _
995 VERT. 1 5'

990
PROPOSE
1.5' EMERGEN Y
DRAINAGE SWALE
985

EXISTI
CREEK G
BANK / .
980
i

PROPOSE

975 SELECT B CKFILL
PROPO ED
10" D14 . COATED
& PAVE D CMP UPSTREAM ELEVATION

970
NOTE:
ANY DISTURBED STREAM B
NK
A
S TO BE
RESTORED TO ORIGINAL CONDITION.
10+00 10+20 10+40 10+60
APPLICANT: PROJECT:
TOE RIVER STONE & GRAVEL MINING PERMIT MODIFICATION
POST OFFICE BOX 755 TOE RIVER STONE
MICAVILLE, N.C. 28755 ADJACENT PROPERTY OWNERS:

PROPOSED CONSTRUCTION: UPSTREAM: RANDELL HALL
POST OFFICE BOX 846
INSTALLATION OF 10' DIA. MICAVILLE, N.C. 28755
PIPE IN AYLES CREEK DOWNSTREAM: J.T. BLALOAK
POST OFFICE BOX 24
LOCATION: MICAVILLE, N.C. 28755
APPROXIMATELY 0
6 MILES SOUTH
.
OF MICAVILLE ON HWY 80. cGILL ASSOCIATES, P.A.
COUNTY: STATE: CONSULTING ENGINEERS
k
k
YANCEY NORTH CAROLINA
I
SCALE: AS NOTED DATE: APRIL 19, 1995 SHEET 3 OF 3 Ak
ASHEVILLE, NORTH CAROLINA