20021190 Ver 1_COMPLETE FILE_20020726

W ATF Michael F. Easley, Governor
OF
R
OCR QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
c r
JG
? Alan W. Klimek, P.E. Director
Division of Water Quality
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,
o ?

July 31, 2002
DWQ# 02-1190
Haywood County
Mr. Brian Kruger
Harrison Division - APAC Tennesse, Inc.
P.O. Box 449
Franklin, NC, 28734
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kruger:
. You have our approval, in accordance with the attached conditions, to place fill in 40 linear feet of perennial streams in order to
construct an entrance road crossing at the Waynesville Quarry in Haywood County, as described in your application received by the
Division of Water Quality on July 26, 2002. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3375, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This Certification
allows you to use Nationwide Permit Number 14 when it is 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. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
and/or stream fills for this project (now or in the future) including future phases of this subdivision exceed one acre or 150 linear feet of
perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you
must follow the conditions listed in the attached certification, as well as the additional conditions listed below:
1. The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be adhered to throughout
the life of this project;
'2. All culverts must be designed, constructed and placed to allow aquatic life passage;
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in
Raleigh 919-733-9721. Questions regarding stormwater requirements should be directed to. Todd St. John in the Central Office at 919-
733-9584.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
021190
Customer Service
1 800 623-7748
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190,
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APAC-Tennessee, Inc. • Harrison Construction Division • Hwy. 64 West • P.O. Box 449
Franklin, North Carolina 28734 • [phone] • FAX [phone]
July 23, 2002
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RE: USACE- DWQ Permit Request
10 Pff"
1
Y
Jul 2 6 2002
New Crusher Entrance From Allen's Creek Road WETLAP.TS GROUP
V11r,T Ertl 410 SECTION
APAC-Tennessee, Inc. - Harrison Construction Division"''
Waynesville Quarry, Haywood County
Dear Mr. Dorney;
Please find with this letter, seven copies of a permit application I sent in early May,
as directed, to David Baker with the USACE, Asheville, NC office. Also included is an
application fee check for $200.00. Mike Parker, from the Asheville Regional office
instructed me to forward this application package and fee to you.
We are requesting permission to place 40ft. of 36"dia. CMP in the un-named
tributary to Allen's Creek between the Harrison Construction Division - APAC Tennessee,
Inc. - Waynesville Quarry and Allen's Creek Road, as shown on the included drawing, to
allow the construction of a new separate crusher entrance. The new entrance is part of a
proposal for improved safety suggested by the NC DOT and is part of a mining permit
modification and other associated site improvements. I have also sent duplicate copies of
the application to the NC Wildlife Resources Commission, to The NC DENR DWQ
Asheville Regional Office, and to the land quality section of NC DENR in Raleigh as part of
a mining permit modification request package.
If you need more information or have any questions, please call me at 828-524-
5455 or write to me, c/o Harrison Division - APAC Tennessee, Inc., P.O. Box 449,
Franklin, NC 28734. Thank you.
Sincerely yours,
Z,
D. Brian Kruger
CC: Mike Davis, Darrell Mathis, Mayford Lloyd

Office Use Only: O 2 1 9 Form Version October 2001
USACE Action ID No DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit 6 2002
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules _A;v ?-
_,
2. Nationwide, Regional or General Permit Number(s) Requested: Qt?-
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? f/9
II. Applicant Information
1. Owner/Applicant Information
Name: aa:j -??-,r,;-•- eO.OnT?.,o?s-ro
Mailing Address: PD max 4? 5?9 _ _ _ _ ,
Telephone Number: A.28 - 652'el• 5-3'L Fax Number: -
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: _
Company Affiliation a - ; i?
Mailing Address: ?S ?e
Telephone Number Fax Number: _
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and MRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): d1A
A Location

County: L)LIa Neares Town: }?zbV?blo
Subdivisioe (include phase/lot number): T/
Directions to site (include road nun bers, landmarks, etc.): i
A .- -s i .A iI 1 /?../l
5. Site coordinates, if available (UTM or Lat/Long): kows 83 _S/ m
(Note - If project is linear, such as a road or utility line, attach a sheet dtd separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size(
8. Nearest body of water (stream/river/sound/ocean/lake): A IIQ 'A
9. River Basin: ?re._ c1'? Z
(Note - this must be one of North Carolina's seventeen designated mayor river basins. The
River Basin map is available at htIp //h2o enr state.nc.us/admin/maps/.)
Page 6 of 12
10.
11. List the type of equipment to be used to construct the project: 'd5qgk,1^o,&-
12. Describe the land use in the vicinity of this
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
!Qq D
-Ann e7'e- fd a N
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and, provide justification for the exclusion of this work from the current application:

VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Wetland Impacts
Wetland Impact
* Area of
ct
I Located within
100-year Floodplain** Distance to
Neare
Type of Wetland'*'
Site Number
' Type of Impact mpa (es/no st feet)
indicate on map) acres
••

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn•//www.fema eov•
List a wetland type that best describes wetland to be impacted (e8•• freshwater/saltwater marsh, forested wetland, beaver pond,
•
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream impacts, including all intermittent and perennial streams
Len of Average Width Perennial or
Stream impact •• of Stream Intermittent?
Site Number Type of Impact* Impact Stream Name Before Impact leases eci
ndicate on map) linear feet u
- j1- t List each impact separately and identify temporary impacts Impacts include, but are not limited to: culverts and assocratea np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS traps are available through the USGS at 1-800.358-9616, or online at
ww,%v.ustis.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w%ktiv.mao4uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:Q
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma
Type of Impact*

41A Area of
Impact
(acres)

yJ Name of Waterbody

(if applicable)
d1A Type , estuary, so Watery, sound
(lake, pond, ,

bay, ocean, etc.

ea

.,.,t li miteri tn• fill eYravntinn_ dredainp-
* List each impact separately and identity temporary impacts. impa&:u nn ?uua, ??•
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands . ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): AA
Proposed use or purpose of pond (e.gW livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques,,to be followed during construction to reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. UIA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/wrD /index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):_Aq
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):_
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No J4
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No 9
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ZL
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify ??
Yes ? No If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact
(square feet
Multiplier Required
Mitigation
1 3
2 1.5
Total
1 r-
2 d an
• Zone 1 extends out 30 feet perpendicular from near bank of channel, Zone exten s
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2 .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. N /A
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated fip the proposed project, or available capacity of the subject facility.
NIA
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No El
Is this an after-the-fact permit application?
Yes ? No 9
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Oa--
Applicant/Agent's Signature
(Agent's signature is valid only An authorization letter from the applicant is provided.)
Page 12 of 12
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