19941102 Ver 1_Complete File_19941202

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Pres?on Howard, Jr., P.E., Director
?EHNFi
December 8, 1994
Rutherford County
DEM Project # 941102
APPROVAL of 401 Water Quality Certification
Mr. Alan Styles
NC DOT
20 Old 74
Asheville, N- .C. 28803
Dear Mr. Styles:
You have our approval to place fill material in 350 square feet of wetlands or waters for the
purpose of bridge maintenance at Bridge # 356, SR 1371, as you described in your application dated
2 December 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2733. This certification allows you to use Nationwide
Permit Number 18 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.
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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Sincerely,
ston Howard, Jr. E.
941102.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 5C% recycled/ 10% post-consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF TkANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR N o v em b eA 28, 1994 SECRETARY
La,yvcy J. Co-?cdet-t
13A,Ldge Ma i, enan,ce
20 Ot -d 74
A,6hevitte, NC 28803
Mn,. John Donney
waken Qua. Uy Pt nn,Lmg
DZvi-6-Lon o4 Emviionmentat Management
NC Dept:. o4 EnvitonmentxEl, Heatth, and NatvAaP. Re6ou?cce6
P.O. Box 29535
RateLgh, NC 27626
Dean Mn. Do-they :
The Fan,Ldge DepaAtmen,& pnopo s" the 4 o,2.e.oW mg wo.,Lk:
C ou,n ty : Ru then. and
13.,&Zdge: 89-356
Rowe: SR 1371
Pno p o-sa-t : Excavate mp pno x-i matte-t y 30 cu.b.Le. yan d,6
od Aediment oven a. 390 .6qu,wm boot, area.
in Cedar Creek. FUt showtdvt with,
a.pp&ox Lmatety 6 =b Lcc ya., d,& ob ABC St.ome,
behAmd wi.n.gwaU.
Enc.2o4ed " Nat Lonw Lde Penmit No. 18 on Za id pro i ec't 0-tong
with, a.pptLcati.on. I would a.ppnec,iate yowl p&ompt, attentiom to
t *A.6 nequ."-t.
La.,my J. CondeP.2
B&Zdge Ma in tenance Swpen i n tendent
LJC/ASS/-t.6
WIATTS
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DEM ID: ACTION ID. - - V
Nationwide Permit Requested (Provide Nationwide Permit #): ?J
JOINT FORM FOR .....
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL
DEPARTMENT OF THE ARMY ' NC DEPARTMENT OF ENVIRONMIIR'f'? ,t v..?
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 - z '
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] i -
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO Tfm?s `NG
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Address
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or
(Work): _ 29 k-// Z
official, address, phone number:
.5. Location of work (MUST ATTACH MAP). County:
Nearest"Town or City: L4. ,,e
Specific Loca1tion'(Include road numbers, landmarks,
(moo c r^, , f e) -7< to ` I \/I
6. Name of Closest Stream/River.
7. River Basin:
8. Is this project located in a watershed classifud as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [
9. Have any Section 404 permits been previously requested for* use on this property? YES [ ] NO
If yes, explain. .
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 4-3 S '
Drained:
Flooded:
Excavated: s. r. r-
Total Impacted: 35 - F- F

12. Description) of proposed work (Attach
/?PLANS-812" X 11" drawings ad
n..n ? I nl . A- c .-7z ^ r%. r K
13. Purpose of proposed

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14. State reasons why the applicant believes that this tivity must be 'ed o in wetlands. Also, note ores
taken to tninirAiu wetland impacts. d a-c?
rx-I
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15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or 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. Have you done so? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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? Have you done so? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwatcr management plan is required for this project, attach copy.
E. What is land use of surrounding property? cz'dl?' ?wr-c , "r /
.1 JV'
F. If applicable, what is proposed method of sewage disposal? /#
Owner's
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STATE OF NORTH CAROLINA SUBJECT PRO ECT D' 8 ` 5
)EPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS COUNTY
HIGHWAY BUILDING PREPARED BY6- DATE 9 STATION
P. O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHEET OF__
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Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 18, 1994
N1 W"I" i
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Action ID No., 199500436 and Nationwide Permit No. 18 (Minor Di
Mr. Larry J. Cordell
North Carolina Department
of Transportation
20 Old Highway 74
Asheville, North Carolina 28803
Dear Mr. Cordell:
Reference your application of September 30, 1994, for Department of the
Army (DA) authorization to excavate approximately 30 cubic yards of sand and
gravel from around bridge No. 356 on SR 1371 over Cedar Creek and discharge
approximately 6 cubic yards of gravel to repair the shoulder of this same road
at a location northeast of Lake Lure, Rutherford County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided for discharges of dredged or fill material into
all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) a area,
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification. This nationwide permit does not
relieve you of the responsibility to obtain other required State or lo c1
approval. 1-1
This verification will be valid fo two years from the date of this
letter unless the nationwide authorize on is modified, reissued or revoked.
This verification will remain valid lot the two years if, during that period,
the nationwide permit authorization reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization pires or is suspended or revoked, or is
modified, such that the activity wou d no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced or are
under contract to commence, in reli nce upon the nationwide permit, will
remain authorized. This is provide the activity is completed within twelve
months of the date of the nationwi a permit's expiration, modification or
revocation.
HcQ,1 +10 C,w4-tics k
pa to, hC,I'll
-d T
-2-
Questions or comments may be addressed to Mr. Steven Lund, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
NVE Wrig
hieg ula tyanch
Enclosure
Copy Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

., r .
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal advers effect on
navigation. e
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt' the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-ease Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No,-activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed. species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCWN -
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries'Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation.Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is.required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification. must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of.the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

-3-
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in the permit area that maybe affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the
presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
c
16. Suitable Material.. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).

20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.

NATIONWIDE CONDITIONS
a., The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
Purpose of stream diversion.
b. Acreage limitation includes the filled area plus special aquatic sites
that are adversely affected by flooding and special aquatic sites that are
drained so that they would no longer be a water of the U.S. as a result of the
project.
C. For discharges exceeding 10 cubic yards or the discharge
aquatic site, including wetlands, a 30-day notification to the District special
Engineer (DE) is required. For discharges in special aquatic sites, inc ing
lud
wetlands, the notification must include a delineation of affected
aquatic sites, including wetlands. special
\ STATE OONSISTENcY CONDITIONS
a. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North'Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management program.
b.- Should all or part of a proposed activity be located within an Area of
Environmental Concern (ADC) as designated by the North Carolina coastal
Resources CI mission, a Coastal Area Management Act (CAM) pmt is required
from the North Carolina Division of Coastal Management (NcDcm). Should an
activity within or potentially affecting an ADC be proposed by a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCm at least 90 days before-the onset of the proposed activity.
GENERAL cERTIFICATION CONDITIONS
a. Written concurrence is required from the North Carolina Division of
Environmental Management (NCDEM) for proposed di
cubic yards of fill material or in any sdlarges of greater than 10
sites, including wetlands, or if located in if located in special aquatic
°din9 resource waters (oRW). primary nursery areas (PHA) and
b. If written concurrence is not issue
Environmental Maw by the North Carolina Division of
Bement (NCDEM) within 45 days from receipt of a lete
application by NCDEM's Section 401 Certification office in aleigh,, then
Section 401 Certification is waived for this Nationwide permit unless
additional
designeeinformation is requested in writing by the Director or his
.
c• Established sediment and erosion control practices shall be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NIU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Managp ent (NCDEM); 25 NTU's in all

-2-
saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters).
d. Measures shall be taken to prevent live or fresh concrete from caching
into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with.all applicable water quality and effluent
standards.
f. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.

C17-18

® North Carolina Wildlife Resources Co
sion
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Lund, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: October 6, 1994
SUBJECT: Review of an application by NCDOT to excavate sand and
rock deposits in Cedar Creek at Bridge 189-356 along SR
1371, Rutherford County.
The North Carolina Department of Transportation (NCDOT) 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. The.NCWRC has reviewed
information provided by the applicant, and field biologists on.
our staff are familiar 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).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
proposed.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr-.,, -Larry ?CordAl,l, NCDOT