20000276 Ver 1_COMPLETE FILE_20000303

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
1 ILF!WAA
•
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 13, 2000
Buncombe County
DWQ Project # 000276
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Myrtle Rice
160 Garrison Branch Road
Weaverville, NC 28787
Dear Ms. Rice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 120 linear feet of
streams for the purpose of constructing road crossings at Brodeview Estates as described in your application dated February 28, 2000. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3102. This certification
allows you to use Nationwide Permit Number 14 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.
I. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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).
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 919-733-9646.
ince
Stevens
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Myrtle Rice
Project Number 00 0276
Recvd From APP
Region Asheville
Received Date 313100 Recvd By Region
Project Type residential and culvert
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 Stream O Y O N 6-88-5 F C? 40,302. I 80.00 F
F-F-O Y _0N F-F-F-F-F-F-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y * N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y Q N
Provided by Region: Latitude (ddmmss) 35 42 51
Recommendation: Q Issue O Issue/fond O Deny
Longitude (ddmmss) 82 35 15
Comments:
The applicant wishes to develop property on Garrison Branch Road (SR 1835) for residential use.
Entrance to the property from this road is limited by topography and location to an existing road and
stream crossing (cum) which needs to be Improved (20 ft). Development of the property requires
that the road in the subdivision cross Garrison Branch in two other locations; one of which is existing
and also needs to be im rop ved (20 ft) and the second being a new culvert construction of 40 ft. The
project appears to have been thouCjhtly proposed to avoid unnecessary culverting and minimize
impa t to these waters, Garrison Bran .h is a Glass " str -am. It is r _ .omm .nd .d that this project
be approved for the 80 feet of culvert proposed.
County Buncombe
County2
cc: Regional Office
Central Office Page Number 1
Facility Name My rtle Rice County Buncombe

Project Number 00 0276 Regional Contact: Max Haner
Date: 3/14/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
I r
BURLESON a SON BUILDERS, LLC
45 Morning Glory Lane
Weaverville, N. C. 28787
Phone[phone]
Fax [phone]
3 Feb ry 28, 2000
WETLAMS?GROUP
''!",1::R UAL_ITl' SFCTIOPI
N. C. Dept. of Environment & Natural Resources
Division of Water Quality
4401 Reedy Creek Rd. ()w)27
Raleigh, N. C. 27607
Dear Mr. Dorney,
We are re-submitting our application for 401 Water Quality Certification along with our check for $200.00.
It is our desire to develop 40 acres of land into 39 residential lots. In order to access the property and the lots,
we need to install 120 feet of culvert, which would be 40 feet each in three different locations on the property.
This will impact a small perennial stream that has a class "C" designation which does not require an undisturbed
vegetative buffer. There are no other wetlands on the property.
Thank you very much for your consideration in this matter.
Sincerely,

Shawn Burleson
Burleson & Son Builders, LLC
Enc:

;io t)27 ,
DLM I D : ('01W.(; ACT I ON TD:
NAT IONW ME PHIRM I T REQUESTFM (PROV I I)I', NATIONWIDE PERMIT
ll) _ ?_ _
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NA'T'IONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITI4 THE NC DIVISION OF COASTAL MANAGEMENT
>r" TH -, ORIGINAT, AND (I ) COPY OF TIT roP!s Tn Tm APPPnPR7T. -v -T.,
OF THL 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 :
2. MAILING ADDRESS :
ll SUBDIVISION NAME: ?7rnnNkpyt??r.L. L57/e'
CITY: 4 e-efvw? STATE: iG ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) :
3. TELEPHONE NUMBER (HOME):
(WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,

ADDRESS, PHONE NUMBER:
SOw IJW_ r?CS«v Soh n
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5. LOCATION OF WORK (PROVIDE A.MAk, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL, VAiOTOGRAPHY' W
ITft 'S'CALE) -
/
COUNTY : _ UG;.,?Gpy, 6 e NEAREST TOWN OR CITY : I?p_rty erv, l/t°
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDPIARKSf ETC. )C z%,/2?
Al ?o u/,x ivPrv //?
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G. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: /t,- t?/y rkli ??ac'?
e
lit I1; k(WATI-:D NEAR WATER CIdV;;IPII•:U AS TROUT. I'1I)AI, t Al,TWA'I'I:R
(:;A) , 111(;II QUAI,ITY WA'T'ERS (IIQW) OUT!;TANDIN(; RI?SOURcv WA'I'I?R:; (ORW) WATIl-'P SUPPLY
(W; I OR W.'; I I ) :' YI.,S ( ( NO ( ? ? IF YES, EXPI,AIN: ------
7b. 11' '1'111; I)ROJECT IS LOCATED WITiI1N A NORTII CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (ABC)'? YES [ I NO [L/]
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 [ I NO [ ?) IF YES, PROVIDE ACTION I. D. NUMBER OF 'PREVIOUS PERMIT AND ANY
IIJ1'U1<I'I!•.t101V (11vCL'Ji r. L'fi0'1'uCJt'Y OF 401 CiaR"1'11-'1CAT1-0N)
r
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ J NO [V? IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: i'a
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: d
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
EXCAVATION:
OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED/ PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION) Cu.ldG/? 10 ` '? ----«• C*L•
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal' high water contours) : FT
WIDTH AFTER: ! FT I{ ..---, --C?-
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: 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?
WHAT IS THE EXPECTED POND SURFACE AREA?
1 DESCRIPTION OF PROPOSED WORT( INCIMI)IN(; I)ISCUSSION OI' 'I'YI'I'; OI' MI;('I(ANICAT, EQUIPMENT
TO 111: U.`; I?I) (11'I"f'ACH PLANS: 11 Y," x 1 I " UIIAW I NGS ONLY)
c'
1411,
241
13 . PURPOSE OF PROPOSED WORK:_ ro _iLc? c's
s6.1
14 STATE REASONS WH1' IT IS BELIEVED THAT THIS ACTIVITY MUST 13E CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES 'T'AKEN TO MINIMIZE WETLAND IMPACTS):

t
. 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: (ATTACH RESPONSES FROM THESE AGENCIES.)
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 [r/1 (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 NV%,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].
III T HI': I`OI,I,OWIN(; I fI;NICl :;110ULD HE INCLUDED WITH THIS APPLICATION IF
Pltc)Pcr.;1:U A<"I'IVI'I'Y
INVOLVE:, 'f'ill? D1.';('1IA12GF, OI I:XCAVATFD OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DE1,1NFATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 1.8, 21, 26, 29, AND .113). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FELT 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 'flit: PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
.. J. L,i;l a U:,,. ?l:" .?l;r.l;'•?i;,.iJl.•:?; 1'. J,'i.i:'i?i ??s? ?? / t
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Scot c
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.
---J--?
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
.Z - ?., OCR
DATE
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28806
[phone]
Water Quality Planning
Division of Water Quality
NC Department of Environment, Health,
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
[phone]
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
[phone]
State Historic Preservation Office
NC Division of Archives & History
109 East Jones Street
Raleigh, North Carolina 27601
[phone] .
Nantahala Power Company
Attn: Richard Conley ?E ?? GAP
301 NP&L Loop
Franklin, NC 28734
North Carolina Wildlife Resources Commission
Fisheries Biologists
Joe Mickey Mark Davis
155 Timberbrook Trail Old Fish.Hatchery
State Road, NC 28676 20830 Great Smoky Mtn. Expressway
[phone] Waynesville, NC 28786
[phone]/[phone] (fax)
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Mitchell Henderson,
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AGREEMENT TO ALLOW BURLESON & SON BUILDERS, LLC
TO ACT AS AGENT
We the undersigned, Jimmy and Myrtle Rice, owners of the
property located at 160 Garrison Branch Road, Weaverville,
NC 28787 to hereby appoint Burleson & Son Builders, LLC,
Shawn Burleson or Lloyd Burleson to act as our agent with
respect to permit applications or other material needed
associated with the U.S. Army Core of Engineers and any
requirements they may have regarding this property and the
development of the same.
This the ?h of February, 2000
mmy ice
Myrtle Rice
Witness:- `