19990319 Ver 1_COMPLETE FILE_19990410

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 21, 1999
Madison county
DWQ Project # 990319
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Hyman Young, Jr.
c/o Velvet Ridge
297 Mt. Carmel Rd.
Asheville N.C. 28806
Dear Mr.Young:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in250
linear feet of streams for the purpose of constructing a damn and pond at Hickory Nut Gap area, as you described in your
application dated 29 March 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 Stotmwater, 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 or areas within 50 feet of all streams and ponds 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 as describe in the final mitigation plan after submittal to DWQ's Asheville Regional
office to Mr. Mike Parker.
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. 276 1 1-7447. 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 Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Dorney
Central Files
Roger Bryan; Fish and Wildlife Associate Inc.
SiF P?11 9903
19.1tr
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: w
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dam on South Prong of Little Pine Creek; Hyman
Project Number 99 0319
Recvd From
Received Date 4/1/99 Recvd By Region
Project Type dam
County Madison
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 Stream O YO N F--F6-104-1 r _C[ 40,304. r- ?-
Mitigation wetland
MitigationType Type Acres Feet
A9y d
Is Wetland Rating Sheet Attached? O Y • N Did you request more info? O Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? 40 Y O N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 3;4 l*40T Longitude (ddmmss) &Z!" gy"?'D
Comments:

cc: VvvRegional Office
Central Office Page Number 1
Fish and Wildlife Associates, Inc.
P.O.Box241
Whittier, NC 28789
[phone]
March 29, 1999
Mr. John Dorney YMW
NC DENR QA
Division of Water Quality RECEIVED
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
A check for $475.00 is attached as a fee for processing the "Major Water Quality
Certification" for the 401 Certification for the proposed dam on the South Prong Little
Pine Creek. The dam will impact 250 linear feet of stream.
Sincerely,
'P
Roger D. Bryan
Agent for Hyman Young, Jr.
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
[phone]
March 29, 1999 PAYMENT
RECEIVED
Mr. David Baker
US Army Corps of Engineers
Regulatory Branch
151 Patton Ave., Room 143
Asheville, NC 28801-5006
Subject: Proposed Dam Construction, Madison County, NC.
Dear Mr. Baker:
Enclosed is a completed application (original and copy) for a Nationwide 404 Permit
(#26) for a proposed dam construction on South Prong Little Pine Creek, Madison
County. I have also forwarded seven copies to NC Division of Water Quality and a copy
to NC Wildlife Resources Commission. A mitigation plan for the stream impacts is also
attached to the permit application.
If you need any additional information, please contact me at [phone].
Sincerely,
Roger D. Bryan
Agent for Hyman Young, Jr.
enclosures
cc: Mark Davis, NC WRC
John Domey, NC DWQ (7 copies)

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,
DEM ID: "" "°'COPS ACTION ID:
NATIONWIDE PERMIT REQLT1D 010 -IpE NATIONWIDE PERMIT #)
26
PRE-CONS VIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: v
\o
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME : Hyman Young, Jr.
2. MAILING ADDRESS: c/o Velvet Ridge, 297 Mt Carmel Road
SUBDIVISION NAME:
CITY: Asheville STATE: NC ZIP CODE: 28806
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : Hickorynut Gap area of Madision County
upper reaches of South Prong Little Pine Creek
3. TELEPHONE NUMBER (HOME): (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: _Roger Bryan, P.O. Box 241, Whittier, NC 28789
828) 497-650
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Madison NEAREST TOWN OR CITY: Marshall
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take 2570 to Marshall,
Take first left past Cody's Video (Sweetwater Rd), Proceed over French
Broad.River onto Little Pine Creek Rd., Go to where road turn to gravel
Go to end of road, Young Property is beyond the black gate.
6. IMPACTED OR NEAREST STREAM/RIVER: South Prong Little Pine Creek
RIVER BASIN: French Broad

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 [ X) NO [ ] IF YES, EXPLAIN: Trlaut Waters
Stream survey by NC'. WRC found no fish a h rnposc c] pond site
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ) NO [X )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: N./A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ) NO [X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FU'T'URE?
YES [ ] NO (X ] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 800 acres
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.05
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.01 EXCAVATION:
FLOODING: 0.04 OTHER :
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.05
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 250 FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 8 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.5 FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING: X
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? 367 acres
WHAT IS THE EXPECTED POND SURFACE AREA? 6.9 acres

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12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8%" x 1111 DRAWINGS ONLY) : Dam construction for pond.
Bulldozer and trackhoe will be used to clear/excavate. Truck will be
used to haul dirt/gravel for dam construction.
13. PURPOSE OF PROPOSED WORK: Pond construction for aesthetics and wildlife
use.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) : Wetland
impacts will be minimal. Future wetland development along the pond
margins is anticipated. The selected site was chosen due to its
suitability for pond development and lack of wetlands.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED: N/A (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: N/A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ ] NO [ X1 (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL KT.NAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL 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.
See Plan View
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
Wetland identified by Corps.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, no development
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
-3/gAjl
OWNC' S/AGENT' S(jSIGNATURE /DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))

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Location Map - Proposed dam on South Prong Little Pine Creek, Madison County,
North Carolina. (Sandymush Quadrangle, Scale 1:24,000)
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UNITED STATES
TENNESSEE VALLEY AUTHORITY
MAPS AND SURVEYS DIVISION
4455 IV SE
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Plan View - Proposed dam for pond on South Prong Little Pine Creek, Madison
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Plan View - Proposed pond with stream (dashed lines) and wetland area (hatched)
1n +;- (Z-,,+h Arnna Tittle Pine Creek Mnrlicnn rr%i nt., N(' r\T7gQ
March 2, 1999
Roger D. Bryan
Fish and Wildlife Associates, Inc.
P.O. Box, 241
Whittier, NC 28789
Rey Letter of Authorization for 404,401 Permits
Dear Mr. Bryan:
1 hereby authorize Fish and Wildlife Associates, Inc. to act; as an agent for permit
application (404/401) with the US Army Corps of Engineers for proposed dam
construction in Madison County, North Carolirm.
Sincerely,
Nyman oung, Jr..
Proposed Mitigation Plan for
Dam Construction on South Prong Little Pine Creek
Madison County, North Carolina
The following mitigation plan is submitted for the proposed dam construction on the
South Prong Little Pine Creek, Madison County, North Carolina. The plan includes
description of the proposed mitigation, location map, and schedule for completion.
An application for a Nationwide #26 Permit was concurrently submitted for construction
of a dam that will cover (pipe) 250 linear feet of stream. Mitigation for the loss of stream
habitats at the rate of 2:1 is required by US Army Corps of Engineers and NC Division of
Water Quality.
The proposed mitigation includes exclusion of livestock by fencing and revegetation of a
riparian buffer along 500 linear feet of an unnamed tributary of the South Prong Little
Pine Creek on Mr. Hyman Young's property (Figure 1). The fencing will be installed
parallel to the stream with a 25 foot buffer between the fence and stream channel. The
fencing will installed in such a manner to exclude livestock from both banks of the
stream. The fencing exclusion will be held in perpetuity by the landowner and will be
amended to existing deed if the property is transferred, leased, or sold.
The proposed site currently has no riparian buffer zone. A riparian buffer will be planted
along the 500 foot reach with native vegetation (willow, red maple, etc.) representative of
the riparian community along Little Pine Creek. Vegetation type and placement will be
determined in consultation with the NC Wildlife Resources Commission, Corps of
Engineers, and National Resources Conservation Service.
The fencing and revegetation will be conducted during Fall 1999.

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Figure 1. Location map for proposed mitigation site on unnamed tributary to South
Prong Little Pine Creek, Madison County, North Carolina.

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UNITED STATES
TENNESSEE VALLEY AUTHORITY
MAPS AND SURVEYS DIVISION
1 4455 rv SE