19870328 Ver 1_COMPLETE FILE_19870513

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IV
345.COURTLANO STREET
ATLANTA. GEORGIA 30365

C.!AY 1 3 1001

4\'i7MD-MEB/LP

Colonel Paul w. Woodbury
District Engineer
u.s. Army Corps of Engineers, Wilmington
P.o. Box 1890
Wilrrrlngton, North Carolina 28402-1890

ATTENTION: Mr. Ernes t Jahnke

SUBJECT: T.O.H. Associates
(Public Notice No. 87-N-057-0l6l)

Dear Colonel Woodbury:

This is in response to your letter of May 1, 1987, requesting our comments
on a alternative site plan proposed by Mr. Arthur Heyman of T.O.H.
Associates.

In his letter, Mr. Heyman stated that because of access lirni tations
created by plan 4-A s~gested by the Envirorunental Protection Agency
(EPA), it would not be practicable for his proposed commercial development
to be constructed. Although his preferred alternative plan 4-A does allCJN
SOIre of the valuable "thicket" wetlaoos to rerrain, it still involves the
destruction of important wetlands on the project site.

Consequently, we still recamrend denial for the proposed project as stated
in our previous letter of January 23, 1987.

Sincerely yours,

~e:d~

E.T. Heinen, Chief
Marine and Estuarine Branch
water Management Division

cc: See enclosed

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cc: Mike Gantt, Field Supervisor
u.s. Fish and Wildlife Service
Raliegh, NC

R. pau 1 wi 11115, Di rector
NC Division of Environmental Management

Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management

I

W. Donald Bake'r
NC wildlife Resources Commission

John Parker, Permits Coordinator
NC Office of Coastal Management

\

Randy Cheek, Area supervis\'':'"
National Marine Fisheries Service
Beaufort, NC

J.T. Brawner, Regional'Director
National Marine Fisheries Service
St. Petersburg, FL

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street · Raleigh, North Carolina 27611

James C, Martin, Governor S, Thomas Rhodes, Secretary

February 18, 1987

Colonel Paul W. Woodbury
Corps of Engineers
District Engineer
P. O. Box 1890
Wilmington, NC 28402

Dear Colonel Woodbury:

In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice ....
0161 dated January 8, 1987 which describes a project proposal by T. O.
H. Associates, Inc. of Marietta, Georgia. The project, involving the filling
of stream segments and adjacent wetlands totaling 7.62 acres to create
a shopping center site, is located in tributaries of Cartoogechaye Creek,
near Franklin, in Macon County.

I n response to a coordi nated agency revi ew, two key agenci es submi tted
objections to the proposal. These two agencies and the gest of their comments
follow:' 1) N. C. Wildlife Resources Commission found that the filling
of 7.62 acres of jurisdictional wetlands left that agency no alternative
but to recommend permi t deni a 1, 2) The Di vi si on of Water Resources reported
that its position was to generally discourage the filling or alteration
of wetlands for non-water dependent purposes, particularly when there is
no overriding public benefit. Accordingly, Water Resources recommends
the permit request be denied.

This viewpoint position supports the recommendations for denial.
Pi pi ng the state 1 s small streams and pavi ng adj acent wetlands, when vi ewed
from the cumulative aspect, sets us on a course of incalculable adverse
impacts to this invaluable, public resource.

Shoul d you requi re additi ona 1 input from the state on thi smatter,
do not hesitate to contact this office or the agencies listed.

cc: Wildlife Res. Comm., Raleigh
Div. of Water Resources, Raleigh ~
Div. of Env. Management, RaleighV'
p.o, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

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~. Parker, Jr.
Inland 1404 Coordinator

An Equal Opportunity I Affirmative Action Employer

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Manat,>ement
512 North Salisbury Street · Raleigh, North Carolina 27611

James G, Martin, Governor
S. Thomas Rhodes, Secretary

R, Paul Wilms
Director

February 24, 1987

T.O.H. Associates, Inc.
1377 Barclay Circle, SUite A
Marietta, GA 30065

SUbject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill for Shopping Center
T.O.H. Associates, Inc.
Tributary to Cartoogechaye Creek
Macon County

Dear Sir:

Attached hereto are tv.D (2) copies of Certification tb. 2024
issued to T.O.H. Associates, Inc. dated February 24, 1987.

If we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

Original Signed By
William C, Mills

for R. Paul \'1i1rns

cc: Wilmington District Corps of Engineers
~heville Regional Office
-vMr. William Mills
Mr. David <Mens

Poilu/ion Placn/ion Pays

Po. Box 276ff7. Raleigh. North Carolina 27611-7687 Telephone: [phone]

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NOR'lli CAROLINA
t-1acon County

CERTIFICATION

THIS CERrIFICATION is issued in conformity with the reguirEID2l1ts of
Section 40l 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 T.O.H. Associates, Inc.
pursuant to an application to fill in water and wetlands for a shopping
center site.

'!he Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Cartoogechaye Creek in conjunction with the proposed. shopping center
in Macon County will not result in a violation of applicable Hater
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 95-2l7 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
turbidi ty in the Stream is 10 NTU' s or less
are not considered significant) .

2. That the applicant shall employ appropriate
sedimentation and erosion control measures to
minimize turbidity and siltation impacts.

Violations of any condition herein set forth shall result in
revocation of this Certification.

'!his Certification shall becoxre null and void unless the above
conditions are mare conditions of the Federal Pennit.

'l11is the 24th day of February, 1987.

DIVISION OF ENVI~AL MANAGEMENT

Origino\ Signed By
William C. Mills

For R. Paul Wilms, Director

WQ::i 2024

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R. Paul Wilms
Director

February 24, 1987

T.O.H. Associates, Inc.
1377 Barclay Circle, SUite A
Marietta, GA 30065

Subject: Certification Pursuant to Section
40l of the Federal Clean Water Act,
Proposed Fill for Shopping Center
T.O.H. Associates, Inc.
Tributary to Cartoogechaye Creek
Macon County

Dear Sir:

Attached hereto are Thu (2) copies of Certification NJ. 2024
issued to T.O.H. Associates, Inc. dated February 24, 1987.

If we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

0iiginzd Signou 8y
William C, Mills.
For R. Paul wilms

cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David (Mens

Poilu/ion PICl'cn/ion Pays

Po. Box 27&7, Raleigh, Norm Carolina 27611-7687 Telephone [phone]

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NOR'IH CAROLINA
Maron County

CERl'IFICATION

THIS CERl'IFICATION is issued in conformity with the requirerents of
Section 40l Ptlblic La\vs 92-500 and 95-217 of the united states and
subject to the North Carolina Division of Environmental Management
RegUlations in l5 NCAC 2H, Section .0500 to T.O.H. Associates, Inc.
pursuant to an application to fill in water and wetlands for a shopping
center site.

'!he Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Cartoogechaye Creek in conjunction with the proposed shopping center
in M3.con County will not result in a violation of applicable %'ater
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
30l, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
acrordance \vith 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 ronstruction or construction
related discharge (increases such that the
turbidi ty in the Stream is 10 NTU' s or less
are not considered significant) .

2. That the applicant shall employ appropriate
sedirrentation and erosion control measures to
minimize turbidity and siltation impacts.

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.

'l11is the 24th day of February, 1987.

DIVISION OF ENVIRCNMENTAL MAN.N;EMENT
OriBini)J Sinned By
William C. Mills
For

R. Paul Wilms, Director

WQ:# 2024

u

James G. )\1artin, Governor

State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street 0 Raleigh, North Carolina 27611
S, Thomas Rhodes, Secretary

t];J.nU2i\' 1", 1087

Hr. R. Paul Hilms, Director
Water Quality Section
Division of Environmental Hanagement
Raleigh, North Carolina 276ll

Dear Nr. Hilms:

The attached U. S. Army Corps of Engineers Public Notice No. 01G1 dated
1-8-~7 describing a project proposed by 1.f).II. r\SSOcliltcs
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section lO permits.

Please indicate below your agency's position or viewpoint on the proposed
project and return this form by ?_~-37

Very sincerely,

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Joan R. Parker, Jr.
404 Coordinator

REPLY This office objects to the project as proposed.

X Comments on this project are attached.
I

This office supports the project proposal.

No comment.

Signed

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Date

Agency

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Po. Box 27687. Raleigh. North Carolina 27611-7687 Telephone [phone]

An Equal Opportunity I Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

SAWC087-N-057-0161

January 8, 1987

PUBLIC NOTICE

T.O.H. ASSOCIATES, INC., 1377 Barclay Circle, Suite A, Marietta, Georgia
30065, has 'applied for a Dep9rtment of the Army permit TO PLACE FILL MATERIAL
IN WATERS AND WETLANDS OF TRIBUTARIES OF CARTOOGECHAYE CREEK NEAR FRANKLIN,
Macon 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 placement of fill material in an area approximately 1,700
feet long by 175 feet wide encompassing an estimated 7.62 acres of wetland.
Fifty-four thousand cubic yards of muck will be excavated from the unnamed
tributaries and wetlands of Cartoogechaye Creek and removed to a suitable
disposal site. Two-hundred ninety five thousand cubic yards of fill material
consisting of sandy silt will elevate the area an average of 24 feet.
Existing natural drainageways are to be rerouted into sediment basins at the
south side of the project utilizing perforated plastic pipe encased in washed
stone. Wetland plant species present at the site include red maple (Acer
rubrum), alders (Alnus spp.), black willow (Salix nigra), and sedges (Carex
spp.). The purpose of the work is to prepare the site for shopping center
construction. 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.

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

i

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The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 17, 1987.

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 February 9, 1987, Attention:
Mr. William Mills.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
February 7, 1987, or telephone [phone].

Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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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

January 27, 1987

MEMORANDUM

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TO:

Bill Mills
401 certification

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. I L~ I't I - v

FROM:

Forrest R. Westal
Water Quality Regi upervisor

William E. Anderson'~nvironmental
Asheville Regional ~ice

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THROUGH:

Technician

SUBJECT:

Westgate Plaza
404/401 Review
Macon County, North Carolina

The construction phase of the subject shopping center should not
cause water quality violations if adequate sedimentation controls are
used. After construction is complete, the settling basin used for
erosion control should be used to lessen the impact of run off from the
shopping center. The pond should be sized appropriately prior to
beginning construction. Attention should be given to rerouting the
streams, when construction is complete, in order to keep them out of
the pond. The receiving stream is an unnamed tributary to
Cartoogechaye Creek which is a "Put and Take" trout stream.

Standard requirements for turbidity control should be included in
the certification. Habitat impacts can be better addressed by the
Wildlife Resources Commission.

If you have any questions, please let me know.

WEA:ls

Interchange Building, 59 Woodhn Place, Po. Box 370, Asheville, NC 28802-D370 · Telephone [phone]

An Equal Opportunity Affirmative Action Employer

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV

JAN 2 3 1987

f345,COURTL.AND STREET
ATL.ANTA, GEORGIA 30365

4W1D-MEB/LP

Cblroel Paul W. ~cxxlbury
District Engineer
U.s. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890

ATIENTIOO: Mr. Ernie Jahnke

SUBJECT: T .O.H. Associates, Inc.
(Public Notice No. 87-N-057-016l)

rear Colonel Woc:dbury:

This is in response to the subject public notice concerning a proposal to
place fill material in waters and wetlands of tributaries to Cartoogechaye
Creek near Franklin, Macro County, North Carolina. The purpose of the
proposed Y.Ork is to prepare the wetland site for a shopping center. Ps a
result of this activity, fill material will be placed in approximately
7.62 acres of wetlands. Floristic species noted at the site include: red
maple (Acer rubrum), alders (Alnus sp.), black willow (Salix nigra) and
various sedges (Carex sp.). Fifty-four thousand cubic yards of muck will
be excavated fran the unnamed tril::utaries and wetlands of Cartoogechaye
Creek and removed to a unspecified dis};X)sal site. Approximately 295,000
cubic yards of fill material consisting of sandy silt will be used to
elevate the wetland area an average of twenty-four feet. The existing
natural drainageways are to be rercuted into sediment basins at the south
side of the project site.

Wooded wetlands perform valuable functions within the aquatic system
including: fish and wildlife values, detrital export, water quality
services, and vital stonrrriatcr retention capabilities.

It is evident that this fill activity will elbninate a valuable aquatic
resource and will result in unacceptable adverse environmental impacts.
In addition, it is clearly a non-water dependent project. consequently,
it is cur ~inion that the prop:>sed project is contrary to the Section
404 Guidelines and should be denied.

sincerely yours,

;f.~va~ .~

Regiroal Administrator

cc: see enclosed

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cc:

.

Mike Gantt, Field Supervisor
u.s. Fish and Wildlife Service
Raliegh, NC

R. Paul Wilms, Director
NC Division of Environmental Management

Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management

W. Donald Baker
NC Wildlife Resources Commission

John Parker, Permits Coordinator
NC Office of Coastal Management

~

Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC

J.T. Brawner, Regional'Director
National Marine Fisheries Service
St. Petersburg, FL

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21 January 1987

G. L. Sprinkle
394 Palmer Street
Franklin, NC 28734

N. C. Division of Environmental Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Attn: Mr. William Mills

Dear Sir:

My employees and I are writing in support of the Westgate

Plaza Shopping Center proposed for construction in the

near future in Franklin, Macon County, North Carolina.

We feel that the benefits of such a project far outweigh

any so-called damage to the environment. \1e in Macon

County need the jobs, tax, etc. that this development

would bring to us.

We are definitely in favor of a #404 Permit being issued

to T. o. H. Associates for this project.

Very truly yours,

Sprinkle HI /" -0' .'
G. L. . _-;l,;'V21. z~
M. \'J. Ramsey 1Jt. .,l-d}zo.f.( ~ M'~~
S. \1. Tallent ~ fj;pe4'C i0 ;t?/1:iz!-
R. L. Gibson R i,c..-K (]. ~
K. S. Pruitt ;<~\lu"Y\ ~ ~0~&
Lf. C. HOlland YOfd C~~YLCL

21 January 1987

N. C. Division of Environmental Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Attn: Mr. William Mills

Dear Sir:

We the Concerned citizens of Macon County are writing in

support of the Westgate Plaza Shopping Center proposed for

construction in the near future in Franklin, Macon County,

North Carolina. We feel that the benefits of such a project

far outweigh any so-called damage to the environment. We in

Macon County need the jobs, tax, etc. that this development

would bring to us.

We are definitely in favor of a #404 Permit being issued to

T. O. H. Associates for this project.

Very truly yours,

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CULLASAJA GORGE FIRE DEPARTMENT
16 River Road
Franklin, N. C. 28734

Fire Chief - Casey,Hevner

As's!, Fire Chief - Tom Hickson

January 2l, 1987

N.C. Division of Enviromental Management
P.O. Box 27687
Raleigh, N.C. 27611-7687

Dear Mr. Vlilliam MIlls;

In regard to the application for a 404 pennit by 'roB
Associates, a Georgia based construction finn. The property
in question, being the proposed site of a new shopping center
for this area.

As this center would greatly contribute to the'ecnomic
growth of tvlacon County thru more jobs, (approximately 250), sales
tax, for sch(X)l improvement, up to $50,000.00 in ad-valorem
tax, and a convenient shopping center for the \vhole area, we
urge you and your deparbrent to give this matter your irrmediate
attention and the issuance of this pennit.

vIe appreciate your time and attention in this matter.

Cullasaj a Gorge VFD
l6 River Road
Franklin, N . C.

Board of Directors;

Ear 1 Holland, Chairmm

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N. C. LICENSE NO, 7351
HIGHWAY CONTRACTOR

704.524.3211

MACON PAV~NG COM~Au\]V9 ~WU~g

266 WAYAH ROAD
FRANKLIN, N. C. 28734

J:m. 27, 1987

~l';1:Y CorpG of .n:inccrs
:r. C. Li vision of ':'::::1Yirc;r0,ent.:l1 ; '1T'J.;C(;',;cnt
? O. Do;: 27~!37
:('11ci~.h, Ii. C. 27 '11-7637

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Eo: 404 ~~3 \:-J.t fer ri'C~E ~~~j;JGci-ttcs

I)ct~r r. i ills:

I ~:;,1 ','Ti tinF to cnCOw'l, C the i33u::m88 of .: b,J4 tJcr;,J_ t <:'0 TUr
~\.SCOCi:ltL.S fO.t, the:ir ~ropc3Gcl Si1~.?!inG c0ntcr in 11~r:.:n~':lin, l,. C.

'rIUG center rer:,rG3cnts ~ j.~:l1ch nLeGud ....;telJ tC';;,1rc1 ~;rc,..,.th 'lnd
~roGrcGs in ~hi3 ;,rc~ ,~~nci ~,', ill o~cn lJp 3c....:-crJ,1 llL:llorGd r~c:~' jo"os
:111 ch -:;e 3o,'c1y r:ccci in tlli'-i :lr0J..

The pondsLn Q1T3tion h-:vc ;jerVl;C' :10 1;3 U :-;'1,mr.icse ;d,:.ce Uw
co~~')letion ot' t:J8 ~''!'''-ln~:lin -IJY-t='~ss ~:~-yl -f}lC c;nl:y" ~)~-~.ri).~se thcy-
_yur sorve:c1 +)0 :,:l l:no~,,'lcc\;e '""':3 for ipri!..:t~_on of t~le ~::;,:)lu
orc~~lrd) '~.'~r~.ch ,ill e ~"'8r;;O~icn ..l-,-;,-J.~,r.

rl-:l~ln1: ~"rOl: 1"'S1"' ~i-8llj~ 1.~~)n:::3i:.J81...=:tion 'i~l::~ tir-.8 ~I1 .j-jJ ':tter, .,,:",ich
h::s t-'or:c i'llr:1;[h ueh. ieI,).:)-- .~...l:'cJ.c'~,'~~'ln.-__; l'Jst :.1. lot of 'Jod e"ri:llG~
':}-:Lch coull] 1~ VC 2Gn 1:3 (1 in Cl,i'1st,r',;CT,lon.

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We Refuse To Cut The Quality Just To Cut The Price!

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ijJ4e JlfruuhIiu Jr.eilil, ~Ut.
BOX 350
FRANKLIN, N.C. 28734

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January 27, 1987

Hr. Hillian Hil15
N.C. Division of Environmental l1anagement
P.O. Box 27687
Raleigh, North Carolina 27611

"

Dear Hr. Mills:

This letter regards tho proposed construction hero in lIacon County
of I-lestgate Plaza, by TOH Associates. He had been lookin~ fortlard to
tho beginning of construction, but I undorstand fror.1 our roporter:3 uho
are assigned to continuing coverage of this project that thore's a hold-
up presently becauso of needed approvals from your office concerning
corrections for a small uetlands area on the proposed site.

Surely if thore' s anyono anyuhere \lho is auaro of the need for
protection of God's natural handiuorks, it's us residents hore in Hestern
North Carolina. Ho're blessed, and appreciative, to bo living in such a
beautiful and still relatively unspoiled aroa. And, ue' ro very ouch aHare
that such economic pillars as tourism and second-homo residents -- so vital
to our success as a cor.::nunity -- are enhanced by everythin~ that ue can
collectively do to protect the environment. Thus, ue're most supportive
of the need for, and the value of, your department.

Houever, in the light of reality, lie here in Hacon County need the
proposed Hestgate Plaza shopping center. He need the ad valorem tax dollars,
the local sales taxes, and tho approximately 250-300 jobs that the
construction itself and the completed project uill generate. He have
innumorable small -- and large -- uetlands areas here in our county, and
they're all important to us. But, when one small such area is measured
against the potential good for all that Hestgato Plaza can deliver, I'd
speak here for your quick approval of necessary '\lork to make the chosen
construction site viable.

Given such an option for our community, I'd porsonally uish for a
good, clean, environmentally-safe, non-controversial industry "hich uould
amply hundreds of our young people at good uages. In that such an option
isn't presently in sight, I'll speak strongly for any other reasonablo,
progressive gro\~h option -- and I believe Westgate Plaza to bo such.
Simply put, our area needs and desires this project -- at tho earliest
possible time -- so I'd hope that your deliberations uill bo suift and
your decision positive.

KH/bm
cc: Jack Horton, county manager

Sincerely,

I< lYrVldlv Ila~c;~

~Ol~/eth Hudgins tJ
Publisher

W, David Simpson
Director

dlilacon Count!} dleafth fbepa7.tment
FRANKLIN, NORTH CAROLINA 28734
January 20, 1987

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NorthCarolina Division of Environmental
Hanagement
PO Box 27687
Raleigh, NC 27611

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Attention: Hr. William Hills

Dear Hr. Hills:

The T.O.H. Corporation of Franklin, North Carolina, has
applied to your agency for a new shopping center here in
Franklin.

This ne\, business is of vital importance to our local
economy. The T.O.H. Corporation has worked very closely and
conscienciously with our department and other local officials.

We would like to ask your assistance in the speedy
issuance of the 404 Permit.

Sincerely,

(k~ ~<nC1VI

Betty Rogers, Chairman
Hacon County Board of Health

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David Simpson, Direc~or
Hacon County Health Department

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Highlands Road
[phone]

macon COLlnty

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February 2, 1987

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Hr. Hilliam Hills
N.C. Division of Environmental H:maganent
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Attention: Mr. Emest Jahnke

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Dear Nr. Hills:

This letter regards the proposed construction here in Macon County
of the Hestgate Plaza, Le. K-Hart Shopping Center by T.O.H. Associates.
I sincerely hope your agency will consider the postive impact this
develor:ment will have on the economy of Nacon Cotmty and grant the
requested 404 permit.

I, like many others, am concemed with protecting the natural
beauty and clean environment of our m:Jtmtains and I feel that this
project will not adversely affect that corrmittrrent to our natural resources.
Our comnittrnent and pledge to future generations for a clean environnent
is evidenced by the fact that over 47% of the land in Hacon Cotmty is
owned and managed by the United States Forest Service.

The K-Hart proj ect will have a tremendous positive impact on the
economy of 113.con Cotmty by adding up to 300 badly needed jobs for our
citizens and increasing the cotmty' s tax base thereby bringing in revenue
that is essential for education and other public services. Considering
the a1mJst negligible effects on the envirornnnet and the ovet\~ne1ming
positive impact this proj ect will have on the economy of M3.con Cotmty, I
wish to go on record in full support of the A:rrrry Corps of Engineers
issuing a 404 permit to T.O.H. Associates for the Hestgate Plaza, i.e.
K-Mart Shopping Center proj ect.

Your favorable consideration on this request will be greatly appreciated.

Sincerely,

C. Jack Horton
County M:mager

MACON COUNTY COURTHOUSE

5 WEST MAIN STREET
704.524-6421

FRANKLIN, NORTH CAROLINA 28734

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p, O. BOX 1026 . 282 EAST MAIN STREET . FRANKLIN, NORTH CAROLINA 28734
704/524-8488 · TOLL FREE 1-800-438-8493 :~~:~ c: .

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January 21, 1987

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N.C. Division of Environmental Management
P.O. Box 27687
Raleigh, NC 2761l-7687

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Attn: Mr. William Mills

Dear Mr. Mills:

please accept this correspondence as my official support
for the proposed Westgate Plaza, Franklin, NC, the same
being constructed by TOH Associates, Inc, of Atlanta, GA.

The construction and positive effect in the economic sphere
of Macon County and the surrounding area will be tremendous.
This project will contribute to the job availability and in
addition create a revenue base to aid the county tax structure.

It is my belief that the increased goods and outlets will
attract more of the tourist traffic that is so vital to us in
the Western counties. This will be,an aid in the Franklin
area to establish our town as a convention center.

As a businessperson I ask that a 404 Permit be issued if this
permit will speed the inception and completion of the necessary
documents to begin this project.

In Appreciation of Your Support,

'A .
~a~wner

DeSoto Trail Realty

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AGRICULTURAL
EXTENSION
SERVICE

North Carolina State University
School of Agriculture and Life Sciences

Address reply to:
County Extension OUice

5 West Main Street
Franklin, N. C. 28734
January 21, 1987

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N. C. Division of Environmental Management V!~\~i~:.\:~/);:'tc..:~';u ,~<':"
P. O. Box 27687
Raleigh, N. C. 27611-7687

Attention: William Mills

Dear Mr. Mills:

Please give serious consideration to approving the
T.O.H. Association application for site approval for
the Westgate Plaza located on Highway 64 West in
Franklin, N. C. The project will create some 250 jobs
for this small rural mountain county. This shopping
center will generate much needed revenue for our
local area.

I hope you will keep me informed of the progress
of this application.

Sincerely,

1P~~

Robert W. Rollins
County Extension Director
Macon County ~

RWR: bp

Cooperative Extension Work in Agriculture and Home Economics A&T and N,C. State Universities, lOG Counties and U, S, Department of Agriculture

mown of Jlfranhlin

FRANKLIN, NORTH CAROLINA, 2873~

PFCE\VED
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January 14, 1987JAN 19 1987
'. I t-L' ('U. AUY< SECTION
y~M h,
OPERATIONS BRI\Nr.H

l.fr. William Mills
N. C. Division of Environmental
Management
P. O. Box 27687
Ral e i gh, N. C. 27611-7687

Re: SAfIC087-N-057-0161

Dear Sir:

:lhis le'tter regards the application for a permit under
Section 404(b) of the Clean Water Act, by !I'.O.H. Associates,
Inc. of Marietta, Georgia to place fill material in uxzters and
wetlands of tributaries of Cartoogechaye Creek near Franklin,
North Carol ina.

We feel this permit should be gra1lted because of the
minimal effect this project will have on the environment in
the immediate area.

This project when completed will provide our area with
approximately 250 jobs and will have an impact in ad valorem
taxes for our Town and County.

ire therefore respectfully request that your department
approve the application for a permit.

For the Board of Aldermen, Town of Frankl in, I am.

Respectfull y,

J)~ ~ ~~

David E. Henson r
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January 21, 1987

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N. C. Division of Environmental Management
POBox 27687
Raleigh, NC 276ll~7687

Att: William Mills

Dear Hr. Mills:

I am writing to you concerning the potential construction of a
Shopping Complex in West Franklin for KMart, etc. Our small town would
welcome tax money for our schools and streets. We need the 250 jobs
desperately. We have been unable to attract heavy industry here due
to lack of railroads ,etc. If I can supply'you with information which
would help promote this shopping complex I would be happy to do so.

Sinrerjly,

U~tZL~'U

Dougla, s. lIUntley~
Courthouse Square
Nantahala Building
Franklin NC 28734

MACON COUNTY SCHOOLS

LONNIE H. CRAWFORD
SUPERINTENDENT

ADMINISTRATIVE OFFICES

COARD 01 EDUCATION

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Larry R. Cloer, Chairman
H. Kevin Corbin. VIce-Chairman
Thomas E. Baldwin. Member
Philip C. Drake, Member
James H. Keener. Member

704-524-3314
704-524-4414

P. O. BOX 1029
FRANKLIN, NORTH CAROLINA 28734

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January 26, 1987

NC Division of Environmental Management
P.O. If 27687
Raleigh, NC 27611-7687
A ttention: William Mills

Dear Mr. Mills:

We favor T -O-H Associates being granted a ltOlt permit to fill in the designated
wet lands on the Parson Orchard property for a shopping center.

The shopping center will create 250 additional jobs for Macon County and increase
the ad valorem tax collections for Macon County by $50,000.

The additional sales tax generated by this new marketing center will also be very
helpful on the sales tax collections for Macon County.

The school system should benefit considerably from these additional county revenues.

Sincerely,

~lL@ A.,9

Superintendent r;--- U~ '--

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EMPLOYMENT SECURITY COMMISSION OF "fORTH CAROL/iliA

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January 22, 1987

N.C. Division of Envirorunental Management
P.O. Box 27687
Raleigh, N.C. 27611-7687

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Dear Sirs:

It has been brought to the attention of the Franklin Employment Security

Commission that T.O.H. Associates, a Georgia based Construction Firm, has

applied for a 404 permit for the proposed site of a new shopping center

for this area. We vJOuld urge a speedy expedition for this permit for the

following reasons:-

1. Franklin is in need of the 250 or more jobs this project would
provide.

2. Franklin could very definitely use the larger tax base provided
by ne\v rosiness into the area.

3. Franklin schools would benefit from the larger sales tax collec-
tions.

In addition to the al:ove considerations the new shopping center would en-

courage the I shop at home I syndrome all areas need and vJOuld encourage

shoppers from neighl:oring areas to come to Franklin to spend their dollars

as well. Franklin would receive a large 1:xxJst in economic gro,rth and vJOuld

find increased employment very welcome to this area.

Hay we encourage you in your Department to give this matter your imnediate

attention SO that the permit may be issued in a timely manner.

Thank you.

-~}
JOB;/
SERVICE, ---1

EMPLOYMENT SERVICE". UNEMPLOYMENT INSURANCE", LABOR MARKET INFORMATION

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January 21, 1987

JAN 2 2 1987
\'~~~R QUA~ITY SECTlOr,!
tRf\TIOI~S 8RP,.r~(',,: '

N. C. Division of Environmental Management
POBox 27687
Raleigh, NC 27611-7687

Att: William Mills

Dear Mr. Mills:

We very much support the KMart Shopping Complex com~ng to
Franklin. My husband and I have a 10 year daughter. He need
the sales tax and property tax which would add up fast in our
small town. Our schools are in bad need of funds which the
tax money would be used for. Our small town has been unable
to attract lots of industry due to the lack of railroads etc.
We sure could use the 250 jobs which will come with this complex.
Thank you for all the consideration given to this property for
the shopping complex.

Sip-y'

I:d.f!.~/~
I Beve~ly .J'~on
P 0 Boi' 95
Franklin, NC 28734

m

REALTOR@

NATIONAL ASSOCIATION OF REALTORS
NORTH CAROLINA ASSOCIATION OF REALTORS

GJ1

FRANI(LIN BOARD OF REALTORS

EQUAL HOUSING
OPPORTUNITY

Fr<lnldin. North C<lrolina 28734

January 21, 1987

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North Carolina Div. of Enviromental Mgmt.
P.O. Box 27687
Raleigh, NC 2761l-7687
Attn: Mr. William Mills

Ii" \1 2 3 ~"87
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Dear Mr. Mills:

I am writting you to voice my personal support for
the proposed Westgate Plaza in Franklin, NC, to be
built by TOH Associates,Inc., of Atlanta, GA~

This proposed shopping center is vital to the eco-
nomic future of Franklin, as well as the surrounding
area: providing much needed jobs for our local res-
idents, as well as goods and services for our growing
town. Tax revenues from this center will be substan-
tial.

I understand a 404 Permit is needed for this project.
I am sure I speak for many residents in asking for your
assistance in this matter. It will be greatly appreci-
ated.

Thanking You In Advance,

7--

Tommy Jenki
Franklin B

President
of REALTORS

JVodlt ~aw&naj. ~ fYwde ~z,

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Offic~ Box 1890
Wilmington, North Carolina 28402-1890

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SAWC087-N-057-0161

January 8, 1987

PUBLIC NOTICE

T.O.H. ASSOCIATES, INC., 1377 Barclay Circle, Suite A, Marietta, Georgia
30065, has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN WATERS AND WETLANDS OF TRIBUTARIES OF CARTOOGECHAYE CREEK NEAR FRANKLIN,
Macon 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 placement of fill material in an area approximately 1,700
feet long by 175 feet wide encompassing an estimated 7.62 acres of wetland.
Fifty-four thousand cubic yards of muck will be excavated from the unnamed
tributaries and wetlands of Cartoogechaye Creek and removed to a suitable
disposal site. Two-hundred ninety five thousand cubic yards of fill material
consisting of sandy silt will elevate the area an average of 24 feet.
Existing natural drainageways are to be rerouted into sediment basins at the
south side of the project utilizing perforated plastic pipe encased in washed
stone. Wetland plant species present at the site include red maple (Acer
rubrum), alders (Alnus spp.), black willow (Salix nigra), and sedges (Carex
spp.). The purpose of the work is to prepare the site for shopping center
construction. 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.

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

-2-

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 th~ 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, flood plain values, 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 serves 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.

-3-

The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 17, 1987.

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 February 9, 1987, Attention:
Mr. William Mills.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
February 7, 1987, or telephone [phone].

Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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