19990098 Ver 1_COMPLETE FILE_19990209

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 5, 1999
Haywood County
DWQ Project # 990098
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Ralph Ross
Ralph Ross Dairy Farms
681 Farmland Rd.
Waynesville NC 28786
Dear Mr. Ross
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 200 feet
of waters for the purpose of constructing an animal waste management system at your farm as you described in your application
dated 21 January 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers
issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations.
This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters to notify the
state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later).
2. Mitigation shall be done by fencing cattle from about 200 feet other stream on the site.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Domey
Central Files
990098.1tr
Si er y
Pr on Howar , r. P.E.
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: D. Keith Haynes
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ralph Ross Dairy Farm County Haywood
Project Number 99 0098 County2
Recvd From APP Region Asheville
Received Date 2/9/99 Recvd By Region
Project Type waste treatment
Certificates Stream
Permit Wetland WetlandWetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 F__O I'O N F_ 5-26-(1) WSIII Tr 40,305. 0.00 60.00
Mitigation Wetland
MitigationType Type Acres Feet
Stream F_ F- 200.00
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y * N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? p Y * N Recommendation: Q Issue (0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 353517 Longitude (ddmmss) 830130
Comments:
Although there is no aquatic life in the stream being culverted, there is a small stream on-site which
the applicant has agreed to do some fencing and possibly some Ig antings as a mitigation. Therefore,
we recommended that this condition be included in the certification The condition should r gL11re
mffitegation of 200 feet of fencing to keep cattle out of the stream. The applicant has agreed to do
this mitigation
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO:.
SUBJECT:
John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ralph Ross Dairy Farm
Project Number 99 0098
County Haywood
County2
Recvd From APP Region Asheville
Received Date 2/9199 Recvd By Region
Project Type waste treatment
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score index Prim. Supp. Basin' Req. Req.
26 F- P7 O N F 5-26-(1) wSIII Tr 40,305. 0.00 60.00
r
Mitigation Wetland
MitigationType Type Acres Feet
Stream F__1 - 200.00
F_ I F_
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? O Y ON
Recommendation: O Issue 00 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 353517 Longitude (ddmmss) 830130
Comments:
Although there i no aquatic fife in the stream being culyerte_d, there is a small stream on-site which
the applicant has agreed to do some fencina? and possibly some Ip antings as a mitigation. Therefore,
we recommended that this condition be included in the certification. The condition should require
mitigation of 200 feet of fencing to keep cattle out of the stream._ The applicant has agreed to do
this mitigation
cc: Regional Office Page Number 1
Central Office

DEM. ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4)
4ft* NSTRUCTION NOTIFICATION
FORfIDE PERMITS THAT REQUIRE : Jm 2 '
1) NOTIFICAT20N TO TEE CORPS OF ENG=NEERS
2) APPLICATION F'OR SECTION 401 C°...RTIFICA=ION D$GROUP?_.,.
3) COORDINAT_ON W-IT3 - NC DIVISION OF COAST LiTY$0R-'!
SEND THE ORIGINAL ANN (1) COPY OF THIS COMPLET:D FORM TO THE APPROPRIATE
»I^S,D OFFICE OF T:Ir CORPS OF ENGINE:.RS (SEE AGENCY ADDRESSES SHE-ZT) SE'JEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL M NAGZMENT
(SEE AGc.NCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : ALPII t?SS LA / R y
2 MAILING ADDRESS: l??/ i ?? 2?LAAit7 RIM
SUB//DIVISION NA IZ: V
CITY: 1nwde -SVILLE S'TA.TZ. ZIP CODE:
PRO LUDING SUBDI,T 37^iT 'IT E (T_ DIF:"ERENT FROM
^• ?:OLv T ADD RESS INC
??C: LCC I-
M.3ILING ADDRESS ABOVE) .
G7
9Z?-17?05 (WORN) /JZJ??Z??1765
3. TELEPHONE NUMBER ('T'OME) .
4. I APPLICABLE: AGENT'S NAuE OR RESPONSIBLE CORPOEL?TE Ot??C.-?_„ DDR SS r
PHONE NUMBER:
5. LCCATION OF WORK (PROVIDE A MAP, 2REFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AER_TP.L PHQTOGRAPHY WITH SCALE) : T -
COUNTY :L7?%i7 NEAREST TCWN OR CITY :
1

SPECIFIC LOCATION (INCLUDE ROAR
NUMBERS, LANDMARKS, ETC.) : IAM5jZSi,''7E 40 ??C T 75P2-0
od r110 9i,/AY 276 Fo(; Oi75,r1,E- S R16-H 7 0?J 59 -1326, 430
v X 0.40) Fop LE Fi o i go. q?? /327
-r-op, CU 5 i?5 %Ar/?? / S Loctrro 47" 7-ff,?? &?l0 OF SR-132-7,
o. IMPACTED OR NEAREST STREAM/ RIVER: CRUX
RIVER BASIN: .i111?.fi;ZU•47
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW) OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [?, NO [ I IF YES, EXPT_AIN:
5T/ZE-1.N! /s uAJr.14,0,L' LR1 L 12gRy 772 lyniffTH Li<?T/?c?uT
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ j NO [vJ?
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COAST_?r, COUNTIES), WHAM IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERT"? YES [Vj' NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 901
GT?;?n/
CERTIFICATION)
8b. ARE ADDITIONAL PERMI REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ I NO [ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMRTED TOTAL NUMBER OF ACRES IN TRACT OF LAND: . 160 "'cc--s
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
x;1.2 roc <ss
2
10a.
NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PRUYUsr.u eruur.-._ ci:
EXCAVATION:
FILLING:
FLOODING: N/ 7-
TOTAL ACRES To BE IMPACT"=
DRAINAGE:
OTHER:
10b . (1) STRF-A-M c,-Ll- TNEL TO BE IMPACTED
RELOCATED, PROVIDE DISTANCE BOTH BEFORE
r."`dGTH BEFORE: ??
WIDTE BEFORE (based on normal high water
WIDT:-1 AFTER:
BY THE PROPOSED PROJECT
AND AF TER RELOCATION) : .._- U
AFTER: V ! FT CV) Vol
F..L
Contours):
AVERAGE DEPTH BEFORE:
f ,
Af/, FT AFT ER
?/!4 FT

NNLZL
(2) STRQM CZ_
- --- MDAC^'S Gvi!L ?T REcI FROM:
_ T _ 'L?"?

ENT OF (C HECK PSI, THAT

1=NNEL:
PIPE TN C'ct ADDT1Y)
OPEN CHANNEL RELOCATION PLACEM .
N OF A DAM/FLOODING: _-
CzANNEy E`?CAVP "TON CONSTRUCTIO
OTHER:
TH"
F
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS SIZE OF THE'
WATERSHED DRAINING TO THE POND?
WH?'T IS "'::... E-PECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH pTILS: 8 1/2" X 11" DRAWING?
G i
-
ONLY) ?i?9L'- ??lT A/?i°no:/ED f?/-/1?,r/?T c,?i' Sti'1.C/?•.vl i,?Tl) 14-o- Gi,y6*
73 CvJs`T/?i?G7 A(11444L tr//1STG n/I?,s/ Gv???i S/S??.M A?._.
L..
Cod:,)r 77u IS
l:.i /rOr /,-I'i,)o LF
13. PURPOSE OF PROPOSED WORK:
U ??I,,??J
gT
AFL /Qi?< DiscrfL,2 6S
BY D?rR? ? ? PF 2A r7c Ary: /lG4T 1 4s ,s i?
?.'CKJ
in/9Sr? 109y1G1cim S?S??y1

3
14. STATE REASONS W-FY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) : _5/ - C 9AJ- -rg 'ld r !?C ??n,/I/_ I?/Sr??/? ? oT Co.h/? vi9yr 42,71- &? -,
7U i7Ar/?,/ Ficr"Tl, in/ C)!'Jr?:,R tz cocr VO isyt/j-41'llkr rF? Lo7-
iZuA1h?F ??? ?P,!/lY cJ?tSrF_.ci/?2 ti/95r'? $?Si>? Cv.?,Pr?,???;5 NIa > ?E i?/?S;9r.?-r?
13 2?`/JJ r=,?c1?i f? 61,11) 5+M cu/W y LY I!F_cFJ???/C c?,fST? /5GN ?£5 (?dA(:fhl?
S9QGrih I j + Cup?E2 i wtu ??yylD€ Si tG?rGr?ci?l ftPCA Tb i?STit[-[- 'ISiEivt
1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(US'cWS) AND/OR NATIONAL 1-.ARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT ARE. THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED : Lz&'6t w 1090 (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
?n1Lu?,2Y 19
17. DOES THE PROJECT _TWOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) "LAND?
YES (q1"NO (I (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUAZNT TO THE REQUIREMENTS OF THE NORTH CAROLINA -ENVIRONMENTAL
POLICY ACT?
YES c] NO (/
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (I NO (I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF EN`iIRONMENTA? M-ANAGE:?-ENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLE=ARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTR=ATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIA?.
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT. INCLUDE ALL DATA
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
G-IQ(Cl?tL i %?G - a> c1 ? C 20:??.??? l?P /c'y r?l?? ??? S
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE. DISPOSAL?
AND DATED AGENT AUTHORIZATION LETTER, I= APPLICABLZ.
g. SIGNED ? 1
yo : WETLANDS OR WATERS OF THE U.S. M-kY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE- OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAI''7r-R 'OF A 401 D rlI S I ON OF
EN-VIRONbfENTAL m-AlIAGE.-'NT (WATER QUALITY) CERTIFICATION, AND
3) (I' Tz• 'T'Iiz-111TY COASTAL COUNTT _'S ONLv) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL y-;%NAGE2"ENT
PROGRAM.
Jr
OWNER' S/AGENT' S SIGi7?TURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
DATE
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Ralph Ross
681 Farmland Road
Waynesville, NC 28786
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 1998
Haywood County
WQC 401 Project # 980244

Dear Mr. Ross:
You have our approval, in accordance with the attached conditions, to place fill material in 0.13 acres of wetlands
or waters for the purpose of installing a concrete tank for storage of dairy waste and feed lot runoff, as you described in
your application dated March 4, 1998. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3108. This Certification allows to use Nationwide Permit Number 26
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation maybe required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you
must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Jeff young; DSWC-Asheville Regional Office
i
J
Jr. P.E.
980244.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830591 County Haywood
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Ralph Ross Dairy Farm
Address: 681 Farmland Road
Waynesville, North Carolina 28786
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
160 aci a farm tr act locatLd at iiie end of SR 1327 in. Cc-;e Creek Co n .-nunity, *:1C. Ail ur.,,=.d
tributary to Jonathan Creek flows through the property.
Description of Activity:
to excavate 0.13 acre of wetlands and pipe 140 linear feet of the unnamed tributary in
conjunction with the construction of a waste management facility on the Ross Farm.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions, those outlined in the attached April 14, 1998 NC Wildlife
Resources Commission letter, and your submitted plans.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
oi uic tvl or the J v .Ti Y ieLereiiC"' above ,ia'y' subject the peiifiii?ee to 8. SiUp worts cruet, a reSivrail0li vice;;, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date: April 20, 1998
Corps Regulatory Official David Baker Telephone No. [phone]
Expiration Date of Verification December 13. 1998
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CBSAw corn, 591
Revised July 1995
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 2, 1998
Mr. Jeff Young, P.E.
Environmental Engineer
North Carolina Department of Environment
and Natural Resources
59 Woodfin Place
Asheville, North Carolina 28801
Dear Mr. Young:
Subject: Proposed waste management system, Ross Farm, Jonathan Creek, Haywood County,
North Carolina
In your letter of February 13, 1998, you requested our comments on the subject proposed waste
management system. These comments are provided in accordance with the provisions of the
Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to information provided in your letter, the proposed project will include the
installation of a concrete storage tank as part of a complete waste management system required
by North Carolina Department of Environment and Natural Resources, Division of
Environmental Management, Administrative Code Section 15A NCAC 2H.0200 (waste not
discharged to surface waters). The concrete tank installation will require the piping of 140 linear
feet of a perennial stream to prevent erosion of the tank foundations. The stream is an unnamed
tributary to Jonathan Creek. Two alternate sites were evaluated for the waste management
system; however, these were not selected because they were in jurisdictional wetlands.
The U.S. Fish and Wildlife Service (Service) is pleased that this project addresses significant
animal waste issues which affect the environment. We anticipate an overall improvement in
water quality from implementation of this project. The Service believes the proposed project
should include the following provisions relative to erosion and sedimentation:
(1) Heavy equipment should not be operated in stream channels or wetlands.
(2) Catchment measures should be installed to prevent sedimentation during
construction.
(3) Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of any ground-disturbing activities in order to prevent soil erosion.
(4) Livestock should be permanently excluded from, and permanent woody vegetation
(Alnus spp. would work well here) should be established in, a riparian zone of at least
20 feet either side of the remaining free-flowing reaches of the unnamed stream.
Based on the information provided with your letter and a review of our records, we agree that the
project will have no effect on federally listed species. In view of this, the Service believes the
requirements under Section 7(c) of the Act are fulfilled. However, obligations under Section 7 of
the Act must be reconsidered if (1) new information reveals impacts of this identified action
that may affect listed species or critical habitat in a manner not previously considered, (2) this
action is subsequently modified in a manner that was not considered in this review, or (3) a new
species is listed or critical habitat is determined that may be affected by the identified action.
We appreciate the opportunity to provide these comments. If you have any questions, please
contact Mr. Mark Cantrell of our staff at 704/258-3939, Ext. 227. In any future correspondence
pertaining to this project, please reference our Log Number 4-2-98-071.
Sincerely,
Brian P. Cole
State Supervisor
cc:
Mr. Dave Baker, US Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 143, Asheville, NC 28801-5006
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GOpyftght (C) 1997, Maptech, Inc.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Ralph Ross Dairy Farm
681 Farmland Road
Waynesville, NC 28786
Dear Sirs:
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 22, 1999
Haywood County
FEB -9P
On January 21, 1999 the Division of Water Quality received your request for a
401 Certification for treating waste. Your application is being returned since payment
was not received with the application. In order for DWQ to review and process your
request, you must send a check in the amount of $200.00 made payable to the N.C.
Division of Water Quality.
If you have any questions, please call John Dorney at 919-733-1786.
'Fom
Johey
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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