19880178 Ver al_Complete File_19980617

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
Director
S. Thomas Rhodes, Secretary June 29, 1988.
Mr. William G. Marley, Jr., P.E.
Asst. Highway Administrator
N.C. Department of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Culvert Crossing
N.C. Department of Transportation
Ragsdale Creek and Lake Ashnoca
Buncombe County
Dear Mr. Marley:
Attached hereto are two (2) copies of Certification No. 2251
issued to N.C. Department of Transportation dated June 29, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed 13y
William c. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Pret,entior. Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eaual ODDo tunlty Affirmative Action Employer
NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of
Transportation pursuant to an application filed on the 26th day of
April, 1988 to construct a box culvert crossing to replace SR3412 Bridge
over Ragsdale Creek and construct a detour road across the bed of Lake
Ashnoca.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Ragsdale
Creek and Lake Ashnoca in conjunction with the proposed roadway activity
in Buncombe County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 29th day of June, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
FOr R. Paul Wilms, Director
WQC# 2251
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
Director
S. Thomas Rhodes, Secretary June 29, 1988
Mr. William G. Marley, Jr., P.E.
Asst. Highway Administrator
N.C. Department of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Culvert Crossing
N.C. Department of Transportation
Ragsdale Creek and Lake Ashnoca
Buncombe County
Dear Mr. Marley:
Attached hereto are two (2) copies of Certification No. 2251
issued to N.C. Department of Transportation dated June 29, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Sia,e?i By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Patin
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A.. F,-1 (1.,.,.,-i- A4ir ;hive Arrinn Emnlover

NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of
Transportation pursuant to an application filed on the 26th day of
April, 1988 to construct a box culvert crossing to replace SR3412 Bridge
over Ragsdale Creek and construct a detour road across the bed of Lake
Ashnoca.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Ragsdale
Creek and Lake Ashnoca in conjunction with the proposed roadway activity
in Buncombe County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 29th day of June, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Miil
For R. Paul Wilms, Director
WQC# 2251
...
PROPOSED 401 WATER QUALITY CERTIFICATION
RAGSDALE CREEK AND LAKE ASHNOCA
BUNCOMBE COUNTY, NORTH CAROLINA
THE PROjECT HAS BEEN REVIEWED IN RESPECT TO CONTIN UED PROTECTION OF THE
CLASS HC" CLASSIFICATION ASSIGNED TO RAGSDALE CR EEK. NO WATER QUALITY
PROBLEMS ARE ANTICIPATED AS RESULT OF THIS CONSTRU CTION AND IT AS RECOMMENDED
THAT A PERMIT BE ISSUED,
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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
May 24, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0310 dated
5/19/88 describing a project proposed by . NC DOT
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 6/14/88
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-011-0310
May 19, 1988
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Post Office Box 25201,
Raleigh, North Carolina 27411-52C1, ::as applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN WETLANDS OF RAGSDALE CREEK, AND LAKE ASHNOCA,
ADJACENT TO S.R. 3412, NEAR THE ASHEVILLE SCHOOL FOR BOYS, IN ASHEVILLE,
BUNCOMBE County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant proposes to replace an existing bridge
with an 8-foot by 8-foot box culvert. The present road serves as a dam for
Lake Ashnoca, which was drained some time ago due to problems with the dam,
and is to remain drained. A detour road is to be constructed across the Lake
bed in order to maintain traffic during the project. This road involves the
placement of 450 cubic yards of fill below the plane of ordinary high water,
before the Lake was drained, resulting in the filling of 0.4 acre of wetlands.
It is believed that because the Lake has already been drained and will not be
refilled, that present wetlands will begin to be replaced by nonwetlands as
the soils dry out and new species of vegetation become established.
The property owner has requested that a portion of the detour road be left
in glace to be used as a horse riding trail. This will entail-lowering the
road, but not lessening its width. Two 84-inch culverts will be installed
under this trail to provide for normal flows, while floods will overtop the
trail and go under S.R. 1324. The purpose of the work is to construct a
detour road, leaving part of it in the present wetlands as a permanent trail.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.

-2-
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer h-a co-a;at; u published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined,.based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
would not comply with the Environmental Prot?^ton Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.

-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
June 13, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 13, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
June 20, 1988, or telephone [phone].
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'. PROJECT. 8.2842003 B-2206
' APPLICATION BY NCDOT
' DIVISION OF HIGHWAYS

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PROPOSED CULVERT a CHANNEL
ON SIB 3412
BUNCOMBE COUNTY
• PROJECT 8.2842003 8-2206
APPLICATION BY NCDOT
DIVISION OF HIGHWAYS
SHMT , 3 OF 4 MARCH, 1988
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PROPOSED MAMMT S CHANMU., '
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PROJECT 8.2842003 n 8-2206 : -.
APPUCATiON BY NCDOT
DIVISION OF HIGHWAYS ... = .T.
SHEET 4 : fit' =:4 i" MARCH, 1988
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY
April 14, 1988
District Engineer
U. S. Army Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:

DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: Buncombe County, SR 3412 Bridge over Ragsdale Creek (B-2206)-
The North Carolina Department of Transportation proposes to replace the
Ragsdale Creek Bridge on SR 3412 with a double 8 ft. x 8 ft. box culvert. At
this location the creek has a drainage area of 4.33 sq. mi. and an average flow
of 5 cfs. The project will involve placing 450 cy of fill below O.H.W. and
filling 0.4 acre of wetland in the construction of the detour road. The detour
crosses the bed of Lake Ashnoca. The property owner, Asheville School for Boys,
drained the lake some time ago because of problems with the dam. The School has
requested, and we have agreed, that a portion of the detour.road embankment be
left in place-for a horse trail. Drainage under the detour road will be provided
by two 84 inch culverts. In the event of a flood, water will go over the horse
trail and under SR 3412 via the new culverts.
Application is hereby made for a Section 404 permit as required for the
subject work. Attached is the permit application and drawings depicting proposed
work.
Application is being made, by copy of this letter, for a Section 401 Water
Quality Certification from the N. C. Department of Natural Resources and
Community Development.
An Equal Opportunity /Affirmative Action Employer

Page 2
April 14, 1988
If you have any questions, please call Barney O'Quinn at 733-7842.
Sincerely,
Al/ GWilliam G. Marley, Jr., P. E.
ASSISTANT HIGHWAY ADMINISTRATOR
BJO/sdt
Attachments
cc: Mr. W. M. Ingram, P. E.
Mr. Tommy Peacock, P. E.
Mr. A. L. Hankins, P. E.
Mr. W. A. Wilson
Mr. D. L. Squires, P. E.
Mr. J. L. Smith, P. E.
Mr. B. G. Jenkins, P. E.
Mr. L. A. Sanderson, P. E.
Mr. Carl Acker
Mr. R. E. Edmonds, P. E.
Mr. Paul Wilms, NRCD Attn: Bill Mills, P. E.
Mr. Ken Bellamy, FHWA

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
ATTN: Mr. William G. Marley, Jr., PE, Assistant Highway Administrator
1. Applicant Information
A. Name N. C. Department of Transportation - Division of Highways
Last First Middle
B. Address - R e O. Box 2520
Street, P. O. Box or Route
Raleigh, North Carolina 27611 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County 'Buncombe
B. 1. City, town, community or landmark A¢hPyi-1-7 P
2. Is proposed work within city limits? Yes _.X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Ragsda 1 e Cr k
Ill. Description of Project
A. 1. Maintenance of existing project X 2. New work
3. Fill area length width- .depth
4. Other Highway length_._._width-.depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards 3-400 2. Type of material -Earth
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 450 2. Type of material -Earth
B. Purpose of excavation or fill
1. Access channel length_,_width-____.__depth
2. Boat basin length. width ---depth
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No _.X _
8. Does the disposal area include any marshland, swamps or other wetland? Yes_._No ._y
C. Disposal Area
1. Location N/A
2. Do you claim title to disposal area?_ N/A
_
D. Fill material source if fill is to be trucked in _N/A
E. How will excavated material be entrapped and erosion controlled?- Erosion Control Plan
F. Type of equipment to be used. Grading
G. Will marshland be crossed in transporting equipment to project site? If yes, explain Nn
Di F-91
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other-_P_i_thlir rnadwag
B. 1. Lot Size(s) -1V /A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Lan Use Plan Synopsis
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N/A
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: --- mina- ge r
X. In addition to the completed application form, the following items'must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113.229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinals approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE e'?' 14 )P
Applicant's Signature
Assistant Highway Administrator
03F-62 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10178
Property Owners
Names & Addresses
Parcel No. Name & Address
2 Asheville School for Boys
360 School Road
Asheville, NC 28806
3 Sarah R. & Helen L Beatty
c/o Helen Lollis
Rt. 5, Box 305
Condler, NC 28715
4 W.J. Hill
648 Sand Hill Road
Asheville, NC 28806

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s PROJECT 8.2842003 B-2206
APPLICATION BY NCDOT
DIVISION OF HIGHWAYS
SHEET I OF 4 MARCH, 1988
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PROPOSED CULVERT 8t CHANNEL
ON SR 3412
BUNCOMBE COUNTY
PROJECT 8.2842003 B-2206
APPLICATION BY NCDOT
DIVISION OF HIGHWAYS
t SHEET , 3 OF 4 MARCH, 1988
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APPLICATION BY NCDOT
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-011-0310
May 19, 1988
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Post Office Box 25201,
Pa141oh, Nc_t`_ rL:o_inc 27611-5201, has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN WETLANDS OF RAGSDALE CREEK, AND LAKE ASHNOCA,
ADJACENT TO S.R. 3412, NEAR THE ASHEVILLE SCHOOL FOR BOYS, IN ASHEVILLE,
BUNCOMBE County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant proposes to replace an existing bridge
with an 8-foot by 8-foot box culvert. The present road serves as a dam for
Lake Ashnoca, which was drained some time ago due to problems with the dam,
and is to remain drained. A detour road is to be constructed across the Lake
bed in order to maintain traffic during the project. This road involves the
placement of 450 cubic yards of fill below the plane of ordinary high water,
before the Lake was drained, resulting in the filling of 0.4 acre of wetlands.
It is believed that because the Lake has already been drained and will not be
refilled, that present wetlands will begin to be replaced by nonwetlands as
the soils dry out and new species of vegetation become established.
The property owner has requested that a portion of the detour road be left
in place to be used as a horse riding trail. This will entail lowering the
road, but not lessening its width. Two 84-inch culverts will be installed
under this trail to provide for normal flows, while floods will overtop the
trail and go under S.R. 1324. The purpose of the work is to construct a
detour road, leaving part of it in the present wetlands as a permanent trail.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
NW
r
-2-
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the lat«? puulisiied version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
would not comply with the Environmental Protection Aa-acies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
4

-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
June 13, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 13, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
June 20, 1988, or telephone [phone].
4'.
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