20000236 Ver 1_COMPLETE FILE_20000209

Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
W4?
D E N R
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C, 27607 _
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO: UY' `? l IIN'1-j raw I FAX NUMBER: I
FROM: Y, I Y
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: , 14) 1
T Y1

If you receive this fax by mistake call; ESB [phone] or Wetlands [phone].
US ARMY CORPS/ENGRS ID:18282714858 FEB 14100 14:50 NO.UU2 F.U2
Fish and Wildlife Associates, Inc.
P.U. I3ox 241
Whittier, NC 28789
[phone]
February 2, 2000
John Dorney
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Robin Smith Dam Mitigation
Unnamed tributary of Little Fall Creek
Polk County, Tryon, NC
Dear Mr. Dorney:
The proposed project includes construction of a pond approximately 5.2 acres with a watershed
of 38.3 acres. The construction of the dam will impact 250 linear feet of stream. This project
falls under the General Certification for projects eligible for Corps of Engineers Nationwide
Permit No. 26.
The DWQ policy statement regarding compensatory mitigation for stream impact for the 401
Water Quality Certification Program (Version Five of Final Draft, July 1998) states that "Stream
impact associated with construction of a pond for stormwater, irrigation or other purposes will
not require mitigation for the impacts as long as the pond is designed to support aquatic life (i.e.,
with littoral shelves)." Under the terms of this policy statement, no mitigation for the impacts of
this project to the unnamed tributary of Little Fall Creek is proposed at this time.
Sincerely,
t;la ,-
Pamela M. Boaze
President
US ARMY CORPS/ENGRS ID:18282714858 FEB 14'00 14:5U NO.UUL r.Ui
_ U. S. .ARMY CORPS OF(
ENGINEERS
151 Pallor Aventic, Room. 143
Asheville, Norcb Carolina 28801.5006
[phone]
Fax: [phone]
FAX TRANSMISSION COVER SI-lEET
Jute:
;10; .
Fax.
Rc.
Sender:
YOUSHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET.. IF YOUDO NOT
RECEW ALL TII'I,' PAGES, PLEASE CALL [phone].
Remarks:
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 14, 2000
Polk County
DWQ Project # 000236
APPROVAL of 401 Water Quality Certification
Robin Smith
353 "H" Street, Suite G
Chula Vista, CA 91910
Dear Ms. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to construct a pond
in Polk County which will impact 250 feet of stream, as you described in your application received by the Division
of Water Quality on February 9, 2000. 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. 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 below and in the attached certification.
1. 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.
2. To minimize temperature impacts to downstream water, 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.
3. 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.
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.
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.html

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 919-733-9646.
Si -erely,
rr to ens
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Pamela Boaze, Fish and Wildlife Associates Inc. PO Box 241, Whittier, NC 28789
File Copy
Central Files
000236
Page 2
y PAYMENT
'.} RECEIVED
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) `"
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
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).
1. OWNERS NAME: Robin Smith
2. MAILING ADDRESS: 353 "H" Street, Suite G
CITY: Chula Vista
SUBDIVISION NAME:
STATE: CA ZIP CODE:
91 91 0
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : Overlook Trail (Melrose Mtn. ), Tryon, NC
3. TELEPHONE NUMBER (HOME):
(WORK) : (619 ) 422-41 00
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]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Polk NEAREST TOWN OR CITY: Tryon, NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) At Tryon, turn ft. at
IGA onto Carolina Drive, proceed to Hogback Mtn. Rd., turn left onto
Hogback Mtn. Rd., go to Overlook Trail at Rock Sign (Melrose Mtn.),
turn right onto Overlook Trail and go to top of mtn, Site is on right.
6. IMPACTED OR NEAREST STREAM/RIVER: unnamed tributary. to Little Fall Creek
RIVER BASIN: North Pacolet/Broad Rivers
1 1
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 [X1 NO [ ) IF YES, EXPLAIN: Trib, to Little Fall
Creek which is classified as trout waters
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 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 FUTURE?
YES [ ] NO [ X] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 65
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
EXCAVATION:
OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.0
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: piped - 0 FT
WIDTH BEFORE (based on normal/ high water contours): 2 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.2 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? 38.3 acres
WHAT IS THE EXPECTED POND SURFACE AREA? 5.2 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 placement of fill for dam
13. PURPOSE OF PROPOSED WORK: Pnnd rrc-at-i nn fnr aPSthPt i rc and wildlife usp,.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) : No wetland
impacts will result from dam construction. The dam footprint will
cover 250 feet of marginal aquatic habitat The pond was located
at the site due to its suitabilitv.
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 [ 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 [ ] 1
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 MT.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:
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 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.
yw
OWNER'S/AGENT'S SIGNATURE ,
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
c /zzy?c)
DATE
FROM : ROBIN SM I TH, M. D. PHONE NQ. : 619 422 4552 Mr r . 03 1999 1L :'24HM F2
b--/ Ur/! "4 !. i s V'1 b[?b?di /r ri•wr. 11 r
Much 2, 1999
Roger D. Bryan
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
Re; Letter of Authorization for 404/401 Permits
Dear IYir, Bryan;
I hereby authorize Fish and Wildlife Associates, Inc. to act as an agent for permit
application (4041401) with the US Anny Corps ofEnginams for proposed darn
construction in Polk County, North Carolina.
Sincerely,
Robin. Smith

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Location Map - Proposed Robin Smith dam site, Tryon, Polk County, North Carolina,
(Saluda, N.C. - S.C. Quadrangle (metric), Scale 1:24000).
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Plan View - Proposed Robin Smith Dam, Tryon, Polk County, North Carolina.
(Scale F'= 50 feet)
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: James K Leumas, P.E., State Dam Safety Engineer
Division of Land Resources - Land Quality Section
Department of Environment and Natural Resources
FROM: Mark S. Davis, Mountain Region Coordinator Aja
Habitat Conservation Program
DATE: February 5, 1999
SUBJECT: Robin Smith Dam
Unnamed Tributary to Little Fall Creek
Polk 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 an
onsite investigation was conducted on February 5, 1999, to determine habitat quality in the
project area. These comments are provided in accordance with provisions of the North Carolina
Dam Safety Law of 1967.
The proposed work involves construction of a large dam on an unnamed headwater
tributary to Little Fall Creek to provide a lake (approximately 5 acres) for private recreation.
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 that the available water supply may not be sufficient
to maintain the lake at full pool, especially during the low flow months. The applicant should
consider reducing the size of the lake to ensure adequate elevations and water exchange rates
throughout the year. The addition of a cold water release structure will greatly improve water
quality within the lake and provide cooler water to downstream 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:
Robin Smith Dam Page 2 February 5, 1999
1. 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.
2. To minimise 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
I 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.
4. As stated earlier, the proposed work will require permitting by the COE. Project
sponsors should contact Mr. Steve Chapin at [phone] for permit information.
Because Polk 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. Steve Chapin, COE, Asheville
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
[phone]
February 2, 2000
John Dorney
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Robin Smith Dam Mitigation
Unnamed tributary of Little Fall Creek
Polk County, Tryon, NC
Dear Mr. Dorney:
The proposed project includes construction of a pond approximately 5.2 acres with a watershed
of 38.3 acres. The construction of the dam will impact 250 linear feet of stream. This project
falls under the General Certification for projects eligible for Corps of Engineers Nationwide
Permit No. 26.
The DWQ policy statement regarding compensatory mitigation for stream impact for the 401
Water Quality Certification Program (Version Five of Final Draft, July 1998) states that "Stream
impact associated with construction of a pond for stormwater, irrigation or other purposes will
not require mitigation for the impacts as long as the pond is designed to support aquatic life (i.e.,
with littoral shelves)." Under the terms of this policy statement, no mitigation for the impacts of
this project to the unnamed tributary of Little Fall Creek is proposed at this time.
Sincerely,

Pamela M. Boaze
President