19980248 Ver 1_Complete File_19980423

PINNACLE
ENGINEERS PC
81 Weaverville Road . Suite 4
Asheville • North Carolina 28804
704/658-1704
Mr. John R. Dorney
Water Quality Certification Program
Division of Water Quality
Non-Discharge Branch
4401 Reedy Creek Rd.
Raleigh, N.C. 27626-0535
Re: DWQ Project # 990249. .
BtmwmW,,County
\U

May 12, 1998
Dear Mr. Dorney,
This is in response to your letter dated April 23, 1998, received on May 4, 1998.
You requested information on practicable alternatives to the proposed commercial
development. Commercial development of this site requires fill of the low area adjacent to
the highway (US70) and adjacent to the stream. There is no alternative to piping the
stream and filling over the pipe which would result in a viable commercial development.
Further a review of 15A NCAC 25.0506 and .0507 indicates that certification should be
issued because:
1. Much less than 1 acre of wetlands will be disturbed. Actually no wetlands will be
impacted.
2. No fill will be placed in the stream or channel. Due to the size of the culvert (78" Dia.)
the existing stream channel will be excavated beyond it's existing cross section.
You further indicate that compensatory mitigation is required as described in 15A NCAC
211.0506 (h) since the stream impact exceeds 150 linear feet. There is no mention of linear
distance in this regulation and the mitigation required is for impacts to wetlands. Since the
proposed project impacts little or no wetlands it appears that no mitigation is required.
Mr. John R. Dorney
May 12, 1998
Page 2
We request that you reconsider the application in light of the information contained in this
letter.
If we have misinterpreted the regulation would you please clarify the exact regulation,
other regulations, General Statutes or Federal law applicable to this situation and send a
copy.
If you need any additional information in processing this application please contact us.
Very Truly Yours,
Pinnacle Enizineers, P.C.
fBum
President

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
A-Nft
NCDENR'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 1998
DWQ Project # 980248
Buncombe County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Alexander Home Trust
347 New Leicester Hwy
Asheville, NC 28806
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material into;0 feet of streams
located at US 70 and Franklin Road in Buncombe County for commercial development. Based on this review, we
have identified significant uses, which would be removed or degraded by this project. These uses are aquatic life
uses in the stream. Furthermore, insufficient evidence is present in our files to conclude that your project must be
built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications
of the proposal are made as described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will place this project on hold as incomplete until we receive this additional
information. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army
Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can
you construct your commercial development? Any documentation such as maps and narrative that you can supply to
address alternative designs for your project may be helpful in car review of your 401 Certification. Also this project
will require compensatory mitigation as described in 15A NCAC 2H.0506(h) since stream impact exceeds 150 linear
feet. Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Mr. Max Haner, Asheville Regional Office at 59 Woodlin Place, Asheville NC 28405-3845. If we do not
hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
cc: Asheville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Asheville Field Office Corps of Engineers
4ter y,
.Dome
Quality Certificati ogram
980248.nty
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Eric G
From: Max Haner [[e-mail]]
Sent: Tuesday, April 21, 1998 2:33 PM
To: [e-mail]
Cc: [e-mail]
Subject: Status of Alexander Home Trust App- #980248
Please put Alexander Home Trust on hold for the time being until I
can discuss the needed changes with John Boaze of Fish & Wldlfe
Assocs, Inc. as the agent for this project. Mr Boaze has not been
available the last few days. The project proposes to enclose approx
200 feet of stream. It appears that relocating a portion of
the stream may be an option but regardless, I wanted to talk with Mr.
Boaze before preparing final comments. Thanks Max
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, N.C. 28789
[phone]
March 16, 1998
Mr. David K. Baker
Asheville Office, US Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Baker:
Enclosed is a completed application for a nationwide 404 permit (#26) for the Alexander
Home Trust property in Swannanoa, North Carolina. If you need additional information,
please let give me a call at [phone].
Sincerely,
Roger D. Bryan
Project Biologist
enclosure
cc: Mark S. Davis, NC WRC
John Dorney, NC DEM (7 copies)
• Quality service at a reasonable price •
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGMUMMS
2) APPLICATION tOR SECTION 401 CERTIFICATION
3) COORDINATION WITS TIE NC DIVISION OF COASTAL xumG=.2=
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:
Alexander Home Trust
2. MAILING ADDRESS: 347 New Leicester Highway
SUBDIVISION NAME:
CITY: Asheville STATE: NC'_ ZIP CODE: gRRnf;
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Corner of US Highway 70 and Franklin Road, Swannanoa, NC
3. TELEPHONE NUMBER (HOME) : [phone] (WORK) : (704) 254-81 40
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
John L. Boaze, Fish and Wildlife Associates, Inc. -
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: Buncombe NEAREST TOWN OR CITY: Swannanoa _
Z

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
Corner of US Highway 70 and, Franklin goad
(see attached map)
6. IMPACTED OR NEAREST STREAM./RIVER: unnamg-rl tr; h,it-ar?z to Swannanna R ' vAr
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 WE-II)? YES [X] NO [ ] IF YES, EXPLAIN: "Swannanoa
River is classified as trout waters.
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COP_STAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ j 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?
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 ADDITIONAr, INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ j NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 7.58
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0
2

10a. NUMBER OF ACRES OF. WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: None
FILLING: EXCAVATION:
FLOODING:
• DRAINAGE:
OTHER:
TOTAL ACRES TO BE IIMPACT= :
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: 200 FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 5 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.5 FT AFTER: F'?'
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING :
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
A 78" Rnunrl Culvert will be i nstal 1 arl in the existing
stream nhannpi The culvert wi11 him inctal1arl by tra khnP
13. PURPOSE OF PROPOSED WORK: A culvert is nPr-PssarW to a11,w filling
of the area.. A retail location is planned on the site.
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAN TO MINIMIZE WETLAND
IMPACTS):
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL M.?RINE 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 AREA THAT MAY BE AFFECTED BY THE PROPOSED-PROJECT. DATE _
CONTACTED: to/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: ivfn
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES. [] NO W (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 [I NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGEMENT 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]. -
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED.OR FILL M.ATERIP?.
INTO WETLANDS:
. N/A '
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 M.AP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHaTOGRAPH 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.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, I- 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, -
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN = T v=TY COASTAL COUNTY S ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
WNERrVAGENT` SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18a.))
5
John L. Boaze
Fish & Wildlife Associates, Inc.
Whittier, N.C. 28789
Re: Letter of Authorization for Corp of Engineers
Dear Mr. Boaze,
I hereby authorize Fish & Wildlife Associates, Inc. to act as an agent regarding permitting
with the U.S. Army Corps of Engineers.
Sincerely,
%i gv??-
Alexander Home Place Trust
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