20000312 Ver 1_Complete File_20000310

" LE14
NCDENR
JAMES B. HUNT JR-
GOVERNOR
BILL HOLMAN
SECRETARY
KERR T. STEVENS
DIRECTOR

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Ms. Pam Boaze
Fish & Wildlife Associates, Inc.
Post Office Box 241
Whittier, NC 28789
Dear Ms. Boaze:
Re: Joe D. Spearman Sr.
DWQ# 000312
Henderson County
Thank you for your letter of May 11, 2000 concerning compensatory stream
mitigation requirements for the above mentioned project as described in the April
25. 2000 letter from the Division of Water Quality's Asheville Regional Office.
As.stated in you letter, DWQ's stream mitigation policy states that compensatory
mitigation is not required for pond construction. The intent of the policy is to not
require mitigation for flooding from pond but to require mitigation for the
culverted stream length. However this qualification is not present in the written,
draft policy. I am now working at the final policy and will make this qualification
very clear in the final version of the policy.
I have discussed this maiter with Roy Davis of DWQ's Asheville Regional
office. We concur that compensatory stream mitigation is not needed for this
project since the project is unclear. Please call me at [phone] if you have
any questions.
Si cerel
n Dorney
Cc: Roy Davis; DWQ Asheville Regional Office
Dave Baker; Asheville Field Office Corps of Engineers
Central files
File Copy
Joe Speannai:
Dennis Ramsey 00, -11
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617
website: h2o.enr.state.ne.us PHONE [phone] FAX [phone]
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Re: 401s
Subject: Re: 401s
Date: Fri, 26 May 2000 10:30:02 -0400
From: Forrest Westall <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: John Dorney <[e-mail]>
CC: Dennis Ramsey <[e-mail]>, Roy Davis <[e-mail]>,
Coleen Sullins <[e-mail]>, Mike Parker <[e-mail]>
John, Thanks for the prompt response. I appreciate the explination. I still do
not understand, however, that if this was clear why was Mike told mitigation should
be required for these two projects before we told the applicants. Forrest
John Dorney wrote:
> i have sent draft letter to roy and mike to review. i have not told these
> consultants anything other than that i would review the policy and then respond
> in writing.
> the basic problem is outlined in the letter that was faxed - the policy (dated
> Jujy 24, 1998; Version Five) says "Stream impact associated with construction of
> a pond for stormwater, irrigation or other purposed will not require mitigation
> for the stream impact as long as the pond is designed to support aquatic life
> (i.e., with littoral shelves)". This is meant to not require mitigation for the
> flooding. However the policy says mitigation is not required for the stream
> impact which logically would include the flooding and the piping.
> Kevin Martin (consultant in raleigh) pointed this out to me a year ago or so
> when i was trying to require mitigation for a project in Raleigh and we
> concluded then that he was right and no mitigation was required. I am pretty
> sure that I emailed all of the RO's with that decision at that time to keep the
> game consistent but that has been a long time.
> I am in the process of rewriting the policy to require mitigation for the dam(n)
> impacts but not the flooding but I see no other choice other than not to require
> mitigation based on the language of the policy (which by the way I wrote very
> poorly!).
> Mike, Roy and Forrest - please review the faxed letter and the policy and give
> me your opinion. My understanding from Roy's 18 May email and subsequent phone
> converstation was that he agreed (reluctantly) with me and pointed out how to
> rewrite the policy.
> sorry for the confusion - like i said, i am quilty of writing a poorly worded
> policy and plan to clarify.
> Forrest Westall wrote:
> > These have been reviewed and approved. I am coping John, Dennis and Coleen
> > with this note to let them know that it is very disappointing to have our
> > "feet cut out from under us" when we touched base with the wetlands program
> > before we told the applicants that mitigation would be required. In one of
> > these cases the applicant was so upset over the project anyway that he had
> > called the regional office manager to complain about us (the consultant made
> > some poorly thought-through comments to the applicant about us not liking
> > him--which was not true--I think she was trying to be cute). Now after we
> > had told him that mitigation would be required, we have backed away. The
> > basis of the reversal of this position by the wetlands program is that our
> > guidance memo is not "clear." Since we require the mitigation of streams >
> > 150' we put in culverts, it would only be logical that if the dam covers
> > more than 150' of a stream that it should be mitigated for, regardless of
> > the clarity of a policy memo. I am also not convinced and Wildlife is also
> > in this camp that when you convert the riverine environment of a stream to
> > "pond or lake" that this in some cases should not be considered equivalant
> > and may need to be mitigated. The proliferation of ponds in WMC is causing
> > all kind of problems, from the release of sediment during maintance
> > activities to lowering downstream flows during low flows to increasing
1 of 3 5/26/00 11:17 AM
Re: 401 s
N> > temps. in trout waters. But the bottom line on these projects, is that the
> > final decision made makes us (the region) look like we don't know what is
> > going on to applicants and to their consultants. Even if program managers
> > decide to reverse fields on a particular issue, they should give regional
> > staff caught in the middle the opportunity to debate the issue at a
> > resolution level in the agency before we go forward. in addition to putting
> > us in a bad position, I think the decision is wrong. I must admit that I do
> > not know all the aspects of why we have backed away from the mitigation
> > position on dams, but on the surface it looks inconsistant with how we are
> > handeling stream mitigation on other projects. Forrest
> > Roy Davis wrote:
> > > Forrest: Would you please take a look at wetland projects 00-0282 and
> > > 00-0312. I have to tell you that these turned into a mess. On the
> > > advice of Raleigh, Mike and I told the two applicants that mitigation
> > > would be required. Then Raleigh (probably in the form of John Dorney)
> > > after having been challanged a few times by applicants and members of
> > > the consulting profession changed its mind and determined that
> > > mitigation for dam construction projects would not be required. All Mike
> > > and I could do was get up off our swords and keep on going. Roy
> > > Roy Davis - [e-mail]
> > > North Carolina Dept. of Environment and Natural Resources
> > > Asheville Regional Office
> > > Division of Water Quality - Water Quality Section
> > > 59 Woodfin Place
> > > Asheville, NC 28801
> > > Tel: [phone]
> > > Fax: [phone]
> > Forrest Westall - [e-mail]
> > North Carolina Dept. of Environment and Natural Resources
> > Asheville Regional Office
> > Division of Water Quality - Water Quality Section
> > 59 Woodfin Place
> > Asheville, NC 28801
> > Tel: [phone]
> > Fax: [phone]
Forrest Westall - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Forrest Westall <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
2 of 3 5/26/00 11:17 AM
Re: Joe Spearman Project
Subject: Re: Joe Spearman Project
Date: Fri, 26 May 2000 08:38:59 -0400
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: John Dorney <[e-mail]>
John, Roy and I discussed the letter and suggest that a sentence be
included that specifically states that DWQ will not require mitigation for
the stream losses due to dam construction. I think the way the letter is
written (maybe intentional) it is not clear that we will not require
mitigation.
Thanks for your support. Mike
John Dorney wrote:
> the letter has not yet been mailed pending your and roy's review. the
> letter says that they do not have to mitigate for the dam(n) because i
> wrote a lousy policy.
> Mike Parker wrote:
> > Thanks for sending Pam Boaze the letter concerning the Joe Spearman
> > project. Now if I could figure out what the letter says. Mike
> > Mike Parker - [e-mail]
> > North Carolina Dept. of Environment and Natural Resources
> > Asheville Regional Office
> > Division of Water Quality - Water Quality Section
> > 59 Woodfin Place
> > Asheville, NC 28801
> > Tel: [phone]
> > Fax: [phone]
Mike Parker - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Mike Parker <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 2 5/26/00 11:14 AM
;. NORTH. CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
4 R DIVISION OF WATER QUALITY
f+ v ASHEVILLE REGIONAL OFFICE
r
NDS G??u' r„_ WATER QUALITY SECTION
+?!ATER UALITY `a.G ?'_'?°.
April 25, 2000
1
Mr. Joe D. Spearman Sr.
111 Florence Street-
Hendersonville, North Carolina 28792
Subject: 401 Certification Application
WQ 000-312
Henderson County
Dear Mr. Spearman:
On April 7, 2000 you accompanied Mr. David Baker with
the United States Army Corps of Engineers, and Mr. Mike
Parker and I, both with the North Carolina Division of Water
Quality, on an inspection of the site of a proposed lake on
your Henderson County property. The project is described in
the 401 Certification Application dated March 3, 2000 and
assigned ID Number WQ 000-312. The proposed dam would remove
aquatic use of more than 150 feet of stream channel and
therefore would require mitigation. Given that the
application package did not include a description of any
mitigation, review of the application is placed on hold until
such time that a mitigation plan is received and approved.
If you should decide not to build the proposed dam we
expect you to restore the stream to its original condition
including vegetation. Please submit your mitigation proposal
directly to me. Should you need to discuss this matter, do
not hesitate to call me at 828-251-6208.
Sincerely,
Roy M. avis
Environmental Engineer
xc: Pamela M. Boaze
John Dorney ?.
Mike Parker
Dave Baker
INTERCHANGE BUILDING, 58 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX [phone]
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02
05/01/2000 09:32 4 PAGE
X

NORTH. CAROLINA DEPARTMENT OF
RESOURCES
NT AND NATURAL
,
ENVIRONmX
.'' DIVISION or WATER QUALITY
ASHELVILLE RIGGIONAL OFFICE
zkr-?, WATER QUALITY SECTION

:} aiMK4 B'• 1W NY Jle, April 25, 2000
4MOV[RNOR

N
OLMAN Mr. Joe D . Spearman Sr.
1'TARY 111 Florence Street,.
Nendersonville, North Carolina 28792

Subject. 401 Certification Application
\ r
` r.
WQ 000-312
Henderson County

a

r rman:
Dear Mr. Spe

F on April 7, 2000 you accompanied Mr. David Baker with
the. United States Army Corps of Engineers, and Mr. Mike

'
' and i e I both with the North Carolina Division of Water
k
d l
'"
•?'1 "
;;
e on
a
on an inspection of the site of a propose
Quality,

. your Henderson County property. The project is described in
R,`?.•-.a,. •..' 41 '. the. 401 Certification Application dated March 3, 2000 and
assigned ID Number WQ 000-312. The proposed dam would remove
aquatic use of more than 150 feet of stream channel and
r.herefore would require mitigation. Given that the
application package did not include a description of any
mitigation, review of the application is placed on hold kint_il

F such time that a mitigation plan is received and approved.
'

-t
If you should decide not to build the proposed dam we
diti
i
l
r on
con
na
expect you to restore the stream to its orig
=-t: a• °`; ?'-+ > including vegetation. Please submit your mitigation proposal
_ , ....,, ,.,.,. , directly to me. Should you need to discuss this matter, do
-..+:" not hesitate to call me at 828-251-6208.

XC; Pamela M. Boaze
John Dorney
Mike Parker
Dave_ Baker
Sincerely,
11 yyl%
Roy nmavis
Environmental

Engineer
INT9RCNANN[ *UI69IN4, 54 WOOOPIN PLACE, A4M4YIL64, NOwTN CAROLINA 24901.2414
PM4NR 424-a41 .9204 FAX 434-i41 -4442
AN EOVAL OPPORTUNITY I APPIRMATIV9 ACTION [MPLOTRR . 40% RCCYCLRO/10 6 PORT-eONSUMER PAPER
»Mrt1t?Z?ti'r.
Joe Spearman project
Subject: Joe Spearman project
Date: Tue, 25 Apr 2000 08:00:27 -0400
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: Cyndi Bell <[e-mail]>
We have sent a letter putting this project on hold. Joe Spearman,
Henderson County
WQ 00-0312. Call if you have questions. Mike
Mike Parker - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
........... ,__ . ..... _? _ _.._.. _..?. ____._
Mike Parker <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
- - - ---- - ------ ---
1 of 1 4/25/00 8:57 AM
TRIAGE CHECKLIST
Project Name:
Project Number: e00 _3i"
County: ,ZIZI-444a-n-
The attached project has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts. Particular attention should focus on the below checked items.
Please feel free to call the central office staff member assigned to your region if you need assistance.
- Stream length impacted.
Stream determination (i.e. intermittent or perennial, or any channel present).
Wetland impact and distance to blue-line surface waters on USGS topo map.
_L::? Minimization avoidance options.
NW 14. (is access to hiQhqround or wetlands)?
Neuse buffer rules.
Pond (water) fill (i.e. is the pond drained or holding water)?
Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
Mitigation ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicant's proposed stream/wedand mitigation site available and viable?
Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
Has project been split from previous work to avoid mitigatjon requirements?
Consistent with pre-application meetings?
Cumulative impact concerns.
OTHER: r VJM 411-
DEM ID: 0 a 0 3 12 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #$):
PRE-CONSTRUCTION NOTIFICATION TION
FOR NATIONWIDE PERMITS THAT REQUIRE:' MR i
WETI A,''dC
?!ATFP Qlrr
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: Joe D. Spearman Sr.
2. MAILING ADDRESS: 111 Florence
SUBDIVISION NAME:
CITY: Hendersonville STATE: NC ZIP CODE: 28792
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Macedonia Road, Hendersonville, NC
3. TELEPHONE NUMBER (HOME): 828-749-9357
(WORK) : 692-1682
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: _Pamela M. Boaze, Fish and Wildlife Associates,
Inc., P.O. Box 241, Whittier, NC 28789 Phone- 828-497-6505
PAYMENT
RECEIVED
?. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Henderson NEAREST TOWN OR CITY: FlatRock
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Exit 23 from
I-26; Turn right onto 25South; Turn left onto 176 South; Turn left
onto Macedonia Road (SR 1832); 12 miles on right is a dirt/gravel
road leading to site. This turn is across from White's Lake development
6. IMPACTED OR NEAREST STREAM/RIVER: Tributary
RIVER BASIN: Green River/Broad River Basin
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 [ x] IF YES, EXPLAIN:
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:
8a. HAVE ANY SECTION
THIS PROPERTY? YES
PREVIOUS PERMIT AND
401 CERTIFICATION):-
8b. ARE ADDITIONAL P]
FUTURE? YES [ ] NO
404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
[ ] NO [x ] IF YES, PROVIDE ACTION I.D. NUMBER OF
%NY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
!RMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
[x ] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 50
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE: 0
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: NA
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 230 FT AFTER: piped - 0 FT
WIDTH BEFORE (based on normal high water contours): 1.5 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.1 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? 72.5 acres
WHAT IS THE EXPECTED POND SURFACE ARE? ,T.82 acres
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS
ONLY): Dam construction for creation of a pond. Mechanical equipment
used will include bulldozer, trackhoe, and trucks for movement and
lacement of fill for dam.
13. PURPOSE OF PROPOSED WORK:
wildlife use.
Pond creation for aesthetics and
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE
WETLAND IMPACTS): There will be no wetland impacts from the dam
ruction.
YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
L*FWS) 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:
(ATTACH RESPONSES FROM THESE
AGENCIES.)
x/ 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:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND? YES [ ] NO [x ] (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 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].
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.
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.
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 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.

OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
March 3, 2000
DATE
Proposed Mitigation for the Spearman Dam on Macedonia Road, Hendersonville, Henderson
County, North Carolina
The dam will impact 230 feet of stream channel. The pond will be fed by run-off and four
headwater streams arising either on or near the property. The flow can be measured in gallons
per minute. These tributaries range from 2 to 6 inches in width with depths of 0.5 inches. They
join to form an unnamed tributary of Camp Creek which is approximately 18 inches wide and one
(1) inch deep. No fish were seen in this stream. The stream probably provides habitat for aquatic
insects and other organisms utilizing small Odrainages.
The proposed mitigation includes creation of a 7.8 acre pond with littoral shelves and deep water
habitat. The owner plans to stock the lake with bass, bluegill, and catfish. The lake will be used
for fishing, non-motorized boating, and wildlife habitat. To further these objectives, no cutting of
trees around the lake shore will be permitted and a permanent forested riparian zone will be
maintained. Duck boxes, fish habitat structures, and shallow areas at the upper end will be
constructed to encourage wildlife to utilize the area. No beach area is planned, but a dock will be
added later.
A cold water release for the preservation of downstream aquatic habitat is planned. Sediment
retention basins are in place now and will be incorporated into the pond. If a downstream
sediment trap is deemed necessary, it will be installed.
Joe Spearman Property
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CO
March 1, 2000
Pamela M. Boaze
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
Re: Letter of Authorization for 401/404 Permits
Dear Ms. Boaze:
I hereby authorize Fish and Wildlife Associates, Inc. to act as my agent for the permit applicaltion
(401/404) with the US Army Corps of Engineers for the proposed dam construction in Henderson
County, North Carolina.
Sincerely, ?-
( 7 ? r
/Oe D. Spearman, Sr.

0 North Carolina Wildlife Resources Commission
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Robert A. Daniel, P.E., Assistant State Dam Safety Engineer
Division of Land Resources - Land Quality Section
Department of Environment and Natural Resources
FROM: Mark S. Davis, Mountain Region Coordinator
Habitat Conservation Program
DATE: August 26, 1999
SUBJECT: Macedonia Lake Dam - Joe Spearman, Owner
Unnamed tributary to Camp Creek
Henderson County, North Carolina
This memorandum responds to the subject dam safety permit application. The North
Carolina Wildlife Resources Commission (NCWRC) has reviewed the proposed project, and our
comments are provided in accordance with provisions of the North Carolina Dam Safety Law of
1967.
The applicant proposes to construct a pond dam on an unnamed headwater tributary to
Camp Creek. While the affected stream is a tributary to trout waters, flow and available fish
habitat is limited in the project area. However, we are concerned about temperature elevation and
sedimentation of downstream aquatic habitats.
We have no objection to the issuance of a dam safety permit; however, we anticipate that
a 404 permit from the U. S. Army Corps of Engineers (COE) will be required for this project. To
comply with our recommendations under the anticipated 404 permit, the applicant must
incorporate the following provisions into project design:
Adequate sedimentation and erosion control measures must be implemented prior to
any ground-disturbing activities. Structures should be inspected and maintained
regularly, especially following rainfall events, to minimize impacts to downstream
aquatic resources.
Macedonia Lake Dam Page 2 August 26, 1999
To minimize temperature impacts to downstream waters, the pond outflow pipe
should be designed to draw water from near the bottom of the pond. This will also
prevent buildup of poorly oxygenated water and improve water quality in the pond.
The easiest way to accomplish a near-bottom outflow is to place a larger pipe over the
standpipe so that water flows into the bottom of the larger pipe, as shown below.
pond surface
pond bottom
If concrete is used during dam construction, adequate precautions must be taken to
prevent direct contact between wet concrete and stream water. Uncured concrete
affects water quality and is highly toxic to fish and other aquatic organisms.
4. When filling the pond, residual flow in the stream below the dam must be of sufficient
magnitude to prevent destruction or serious diminution of downstream aquatic
resources. This can be accomplished by partially opening the gate valve during the
filling process.
As stated above, the proposed work will require a 404 permit from the U. S. Army
Corps of Engineers (COE). Project sponsors must contact Mr. David Baker at (828)
271-4856 for permit information.
Because Henderson County is recognized as a "trout water county" by the COE, the
NCWRC will review any nationwide or general 404 permits for this project. Thank you for the
opportunity to provide input in the early planning stages for this project. If I can further assist
your office, please contact me at [phone],
cc: Mr. David Baker, COE, Asheville