20000442 Ver 1_COMPLETE FILE_20000403

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 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 6, 2000
Buncombe County
DWQ Project # 000442
APPROVAL of 401 Water Quality Certification
City of Asheville
c/o James Westbrook
PO Box 7148
Asheville, NC 28802
Dear Sirs:
You have our approval, in accordance with the attached conditions, to excavate 0.05 acres of wetlands in
Buncombe County to install a sanitary sewer line extension as you described in your application received by the
Division of Water Quality on April 3, 2000. After reviewing your application, we have determined that this action
is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide
Permit Number 12 when issued by the U.S. Army Corps of Engineers. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 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
mitiation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be
valid, you must follow the conditions listed in the attached certification.
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 919-733-9646.
Sin erely,?
Vert I . Steven
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files 000442
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.htmI
,Opp442 40 "11 *1
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
id;
-r
2 2000
9 :i
2 >ttETLANS GROUP":__?': f
AA„ Tau nt gatDITY SECTION,._, ,.. -
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
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: City of Asheville
2. MAILING ADDRESS: P. O. Bog 7148
SUBDIVISION NAME N/A
CITY: Asheville STATE: N.C. ZIP CODE: 28802
APR Ya?uU
'f
'jV-ETLANOS GROUP
;;YETI QUALITY SECTION
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
I-240 near South Bear Creek Road in west Asheville
3. TELEPHONE NUMBER: (HOME)
(WORK) 828-259-5617
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
James Westbrook, City Manager
P.O. Bog 7148, Asheville, N.C. 28802
828-259-5617
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Buncombe -NEAREST TOWN: Asheville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) I-240 Near South Bear
Creek Road in West Asheville, within the property owned by West Asheville Assembly of God, Inc
and Robert P and Laura Ingle
6. IMPACTED OR NEAREST STREAM/RIVER: Hominy Creek RIVER BASIN: French Broad
7. (a) 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)? YESO NO IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YEU NON
n
M _Ez
< M
M
(c) 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
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES NO ? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
ID No. 199702347
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 120 AC +/- Total on both
properties
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1.72 AC and 1.62 AC respectively
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION: 0.05 AC total (0.02 and 0.03 respectively)
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTT 0.05 AC
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: N/A
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
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? WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Construction of a sanitary sewer extension to provide service to citv residents as part of the
annexation requirements for the Brevard Road Annexation Area.
Standard utility construction equipment will be utilized for this proposed work, such as backhoe and
loaders.
13. PURPOSE OF PROPOSED WORK: The proposed sanitary sewer extension will provide sanitary
sewer service to all adjacent properties which currently have on-site septic tank waste water disposal
and treatment.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
The proposed horizontal alignment was selected in such a way to minimize encroachment into the
wetland areas and to satisfy the requirements of property owners who granted utility easements for
this construction. The impact to the wetlands is minimun as per the attached drawings._
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE 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: Initially contacted in February of 1997.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED.
Initially contacted in September 1997.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YESH NO ? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES[--j NO 0
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THENORT 4 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 OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(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.
(c) WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Public System
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US 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 WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).

f ?
ROBERT P.
1
W?NDS
AREA )SED 3
-ENCE
MRAIL
STA 39
PROPOS!
_ _ ------ - N 677,9
E 928,1
I PROPOSED
PRO SED 50' TEMPORARY
r 20' PERMANENT CONSTRUCTION EASEMENT
/ EASEMENT SKY rc
STA. 38+76.67 LINE 1 e627(0<
PROPOSED MANHOLE 12
N 678,055.56
E 928,033.23
STA. 37+34.40 LINE 1
PROPOSED MANHOLE 11\
N 678.178.14
a
c.v 1 LI\IYlr%l14 1
EASEMENT
N 578,.55U.y1
E 927,832.85
NOTE:
LLOCATIONS
r . 20 2029.98 R/w MONUMENT
OCATIONS OF EXACT ARE
PROPOSE
210 LF '
INSTALLE[
4
_ .?----
MATCH LINE STA. 30+00
-- -- ------ - it it ? ?
r r
x r ? ?
rr xr ?
r r?
r r?1 ?
j% wEfLANDS
' AREAS
I 8- LOCUST
PROPOSED I? OROPOSE
50' TEMPORARY SILT FEN
CONSTRUCTION EASEMENT
Sri ?? • ? ?
/ IT sYCAti+0
STA. 31+67.45 LINE 1
PROPOSED MANHOLE ¢
N 678,660.05
E 927,710.01

WEST ASHEVIL.LE ASSEMBLY OF GOD. INC.
9627(08)-89-2462
STA. 33+52.71
PROPOSED. MP
N 678,475.10
E 927,721.97
E 1
a. ^? HiII?CbI????a(er / :,'?-//? .I> I?L.oI ?' `i/" /1 \ ??1? ry v •_`-•• ?. , ..¦ '?---?c? _ ^?r-R ? =r•
oh ?.i? • ~ •22 %: /.? r ??` i ?`?~? "? ?1? -Gas
3939_ ^?' ?l• ?. i i
35' ?I/' ti ?Wi shire P rk/ ?? \ \ v ? ?P r 0 ? ? ''' `? I \ • ? I ) _ i? '?
J 4 2a 'e? eW
X -_ I ti OD rn 2 t
AYWOOD
c ?...?, Vi'i':. ?' o ¦o
varc .r 1 j !
\?a ??_•.. f.os3ve11. 1 \ ,,, 5 v e
ch
3938 •''? -? 7V owd•o- /? i 1\ Sq/o ?? ( - '''
`'tiN?_.\ .,?.? ,•o'j°, '/•,L ?' r\ \ A
!I( ? ? 1'7;1,, ? \ U m , \• U? ? "; "\ ry 1 11?\ \ _ < - 'V '?: \'. \ ?sT? \ 3 I
ulnhurSpnng '" ? , ? l i •\ "` '
2 n ????\ l/ o " ?i 1\?\ \. 1\ r? \? Ir,\ c \ur
it 11)
flij
U2 dAcB, k
m,Yl j?•' I''?? f ? {?? \o`I I?: I I. _ - - ?.
3937?^`('\ Cem ,• ?•I: n I- I:1 ,J ':'•?,\' .G, •` ?I ?,?, .i, ? - - - _
tps}ievil! Scho or oys P\ /` `? a i . P
F i!•?_. _ ;? h.. pMgOY_ _ -- RHO fly.
1 wY I P?Creerv?`??? i k..1 1 _-- aen`,50 -----
\ . late tan J...
' - ?'•. 1. ? o'' ,Sr 'RIB 2 - -- ----
3 '?/" ?U ???_ l • _ ?,?? ,? r '? .. / P P
rdro
w ,Ida LOCATION OF I?ICCPJ
3936 U
IV / , - /? \? ":• -- ?.?/lam _
C ands
erry9i
J t , ,\o (? g
I
3935
.?-
? e-11 1)
30" mi'l' • /?-? ??='` ? r?o ' ? `,?`• ^? ' r,?, ?? _ \`-? '? 'd o UMcGiR
:934 A S S O C I A T E S
L
E n o i n e e r 111 - • P a Il 111 Il ° • 1111117 C t'
?? /?j` fh• i, : 1) l I r 0 McGill Aism iutes. P.A. • P.O. Krr.c 25V. Asheville. NC 2RR0l1
// / `rte ZQ. ij Broad. Strert.ashrrille-VC',NSO/ 7(4-252.0575 • FAX [phone]
'I'IS Ali GA\1I•' 11 ',1 It, 'RVE < ,?<'_- ?f! .f ..- ,`\ ? ? '? ,,r? •? --? ? I I _. j ^° l\ ? ?' ? 'arc
)337 s %
Cem \\ _\?- (y?$il0' Merl Y, jo.?8
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 28, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702347, General Permit No. 198100049
James Westbrook, City Manager
City of Asheville
Post Office Box 7148
Asheville, North Carolina 28802
Dear Mr. Westbrook:

CITY
Reference your application of February 7, 1997 for Department of the Army
(DA) authorization to install 3,950-feet of sewer line beginning on the north
side of Hominy Creek downstream of the SR 3413 bridge, extending through the
West Asheville Assembly of God property, and ending on the south side of
Interstate 240 in Asheville, Buncombe County, North Carolina. The alignment
will involve an aerial crossing of Hominy Creek suspended by concrete piers in
the channel, and an approximate 110•-foot crossing through wetlands on the
north side of f-240. The project is to provide city sewer to a recently
annexed area. The proposal has been reviewed by the North Carolina Wildlife
Resources Commission (WRC).
On January 1, 1994, we renewed general permit No. 198100049, (copy
enclosed) that authorizes the maintenance, repair and installation of aerial
and subaqueous utility lines with attendant structures and the discharge of
excavated or fill materials, within construction/access corridors, associated
with utility line maintenance, repair and installation in navigable waters and
waters of the United States in the State of North Carolina.
Your proposed work is authorized if you can comply with all general
permit conditions, and those outlined in the attached February 18, 1997 WRC
letter. Please read the enclosed permit to prevent an unintentional violation
of Federal law. As this Department of the Army general permit does not
relieve you of the responsibility to obtain any other required approvals, you
should contact appropriate State and local agencies before beginning work.
u _ ML AR - 4 10t
F,SlST? -;; CITY MANAGER
2
If you have questions, contact Mr-David Baker in our Asheville Regulatory
office at [phone].
Sincerely,
f:=Z)/L. Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure: 2/18/97 WRC letter
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Danny B. Bridges, P.E.
McGill Associates
Post Office Box 2259
Asheville, North Carolina 28801
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Anthony Lewis, Technical Services Director
City of Asheville _
P.O. Box 7148
Asheville, NC 28802
Dear Mr. Lewis:

?EHNF=?L
February 18, 1997
Buncombe County
DWQ Project # 970099
Vt 1 1-R ? ..
You have our approval, in accordance with the attached conditions, to place fill material in 0.1 acres of
wetlands or waters for the purpose of constructing a sewer line at Hominy Creek/I-240, as you described in
your application dated 22 January 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3101. This certification allows you to use
Nationwide Permit Number 12 when it is issued by the Corps of Engineers.
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 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. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 Dorney at 919-733-1786.
Sincerely,
. eon Howard, r. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Danny Bridges; McGill Associates

970099.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Faual Oooortunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
February 18, 1997
Mr. Robert Johnson, Office Manager
U.S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006 ' 0
t
SUBJECT: City of Asheville Nationwide 404 Permit Application + 3
.i FE ?
Construction of sewer line across Hominy Creek /I-240 ! ..
?
Buncombe County, North Carolina
Dear Mr. Johnson:
Mr. Danny B. Bridges, P.E., of McGill Associates, P.A., on behalf of the City of Asheville, is requesting
a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit
from the U.S. Army Corps of Engineers. I have reviewed the information provided by the applicant, and I am
fanuliar with habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant proposes to construct a new 12-inch sewer line across Hominy Creek to provide service to
the surrounding area, which was recently annexed by the City of Asheville. Direct project impacts to fish and
wildlife resources involve the subject stream and associated wetlands. The NCWRC does not object to the issuance
of a 404 permit, provided the following conditions are met by the applicant:
1. Sewer lines should cross streams at right angles to minimize impacts to riparian areas.
2. Under no circumstances should rock, sand, or other materials be dredged from the stream channel
under authorization of this permit, except in the immediate vicinity of pier construction. Channel
relocations have catastrophic effects on aquatic life, and disturbance of the natural form of the stream
channel will likely cause downstream erosion problems, possibly affecting adjacent landowners.
3. Excavation of the pier sites should be conducted in the dry, if possible. Sand bags, cofferdams,
flexible pipe, or other diversion strictures should be used to minimize excavation in flowing water.
4. Adequate precautions should be taken to prevent direct contact between wet concrete and stream
water. Uncured concrete affects water quality and is toxic to fish and other aquatic organisms.
5. Adequate sedimentation and erosion control measures should be implemented and maintained on
the project site to avoid impacts to downstream aquatic resources. Permanent herbaceous vegetation
should be established within 15 working days of ground disturbing activities to provide long term
erosion control.
City of Asheville sewer permit
February 18, 1997
6. An undisturbed buffer zone should be left between streams and all construction if possible. We prefer
buffer zones of at least 50 feet to control sedimentation into streams, provide shade, and maintain a
travel corridor for wildlife.
7. Riparian vegetation, especially trees, should be preserved as much as possible at stream crossings.
Trees that must be removed should be cut near ground level, leaving the stump and roots in the bank
for stability and to possibly sprout.
8. Natural materials should be used as much as possible to restore stream banks at crossings. Riprap
should be limited to the stream bank below the high water mark, and vegetation, should be used for
stabilization above high water.
9. If necessary, ROW areas should be mowed not more than once every 2-3 years. Mowing should be
done only in February and March to protect small game nesting sites later in the year.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the NCWRC may inspect the work site during or after construction. If there are any questions regarding these
comments, please contact me at [phone].
Sincerely, ?J{//_/)
/ '???Gf?' '4"
Mark S. Davis
Western Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Danny B. Bridges, P.E., McGill Associates
Mr. Anthony M. Lewis, City of Asheville
ASH EV I LLE
February 28, 2000
Mr. David Baker
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Re: Request for Nationwide Permits
Hominy Creek/I-240 Sewer Line
Brevard Road Annexation Area
Phase II - Contract "B"
SC-91-002A-2
City of Asheville
Buncombe County, North Carolina
Dear Mr. Baker:

000442
As per our telephone conversation, enclosed please find our application requesting approval for NWP 12
for the installation of a new sanitary sewer line within the Brevard Road Annexation Area.
Please note that this project had already been approved by all regulatory agencies, but construction was
delayed due to right of way acquisition problems.
By copy of this letter, we are transmitting copies of this submittal to the following agencies for their
review:
¦ Water Quality Planning (7 copies)
Division of Water Quality
NC Department of Environment, Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
¦ U. S. Fish and Wildlife Service (1 copy)
160 Zillicoa Street
Asheville, North Carolina 28806
n
ENGINEERING DEPARTMENT
CITY OF ASHEVILLE
POST OFFICE BOX 7148
ASHEVILLE, NC 28802
(828) 2595617
PAYMENT
RECEIVED
February 28, 2000
Mr. David Baker
Page 2 Of 2
North Carolina Wildlife Resources Commission (1 copy)
Attn: Mark Davis
Route 1, Box 624
Waynesville, North Carolina 28786
Your review and approval of this submittal will be appreciated. If you have any questions, please do not
hesitate to call me.
Sincerely,
John Echeverri, P. E.
Assistant City Engineer
Engineering
JE/brl
G:\Engineer\Common\SEWPROJ\BREVARD\BREVPH2\CORRESP.DOC
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality 0 0 0 4 4 2
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
John Echeverri, city manager
City of Asheville
PO Box 7148
Asheville, NC 28802
Dear Mr. Echeverri:
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,2-2000
I.
6
APP, 71, 2000
;.WEP ;','30'.ITY SECTION
WR 1 3M
On March 2, 2000, your application for 401 Water Quality Certification for a
project in Stanly County was received by the N.C. Division of Water Quality. Please
note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications. YYot1r an ation is being returned
since no payment was received with the package. The fee for applications is $20UTo-r
projects impacting less than an acre of wetland and less than 150 linear feet of streams.
For projects impacting one or more acres of wetland or 150 or more feet of streams, the
fee is $475. In order for DWQ to review and process your request, you must send a
check in the appropriate amount made payable to the N.C. Division of Water Quality.
Please call Robert Ridings at 919-733-9817 or visit our web site at
http•//h2o.enr.state.nc.us/newetiands if you have any questions.
YVENT
Rf-C IVED,,
cc: Central Files
rDorne,incer,
PAYMENT
RECEIVED
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Fnnal Onnortunitv Affirmative Action Employer 50% recycled/10% post consumer paper
f?,i+f
,ASHEVILLE APR 3 2000
TRANSMITTAL - asAROU `1w
SHEET Dare 31281
Project Name: Brevard Rd Project No.:
0 0 0 4 4 2 Annex. Phase III Contract "2" SC-91-002
TO: John R. Dorney
NCDENR-Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Phone [phone]
Fax Phone [phone]
CC:
FROM. John Echeverri, P.E.
City of Asheville - Engineering
Deparhnent
P.O. Box 7148
Asheville, N. C. 28802

e-mail [e-mail]
Phone [phone]
Fax Phone [phone]
REMARKS. ? Urgent ® For your review ? Reply ASAP ? Please Comment
In response to your letter of March 2, 2000, enclosed please find our check # 268261, in the amount of $ 475.00, to
cover the application fee in conjunction with our request to the Corps of Engineers for a NWP # 12; and seven
copies of the application submittal package sent to the Corps of Engineers Regional Field Office.
We hope this resubmittal package complies with your requirements and look forward to getting your approval .
If you have any questions or need for additional information, please call me at your convenience.
RUM ENT
REC'EIVED
ENGINEERING DEPARTMENT -
PAYMENT
RECEIVED
CITY OF ASHEVILLE
POST OFFICE BOX 7148
ASHEVILLE, NC 28802
[phone]
?v
PLEASE DETACH AND RETAIN THIS PORTION FOR YOUR RECORDS.
DATE ; INVOICE #
03/15/2000 31400
CITY OF ASHEVILLE
ASHEVILLE, N.C. 0 Q Q A 4 2
APR 3 2000 `F
I
WETLAN ` 268261
INVOICE DESCRIPTION T, AMOUNT
SEE ATTACHED LETTER ****475.00
{ ?'?? z
s ?=
?,'
??: