19960685 Ver 1_Complete File_19960715

State of North Carolina
Department of Environment,
Health and Natural Resources A141 • •
Division of Water Quality
James B. Hunt, Jr., 1-lo Governor ID EH N F=1
Jonathan B. 6. Howa s,Secretary
A. Preston Howard, Jr., P.E., Directo r
July 30, 1996
Buncombe County
DWQ Project # 960685
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
W. Danny Tolar
N.C. Dept. of Transportation
P.O. Box 3279
Asheville, NC 28802`
Dear Mr. Tolar:
You have our approval to excavate`.0.01 acres of waters for the purpose of extending pipes at SR 2776,
as you described in your application dated 9 .Tuty 1996. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 2735. This certification allows you to use
General Permit Number 031 when it is issued by'thp 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. The applicant is
reminded to install type A erosion control measures since -the project is in the trout watershed. 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 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,
A. Prest n Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
960685.1tr
Division ofWater . Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
J
P.O. Box 3279
Asheville, N.C.

July 9, 1996
Mr. David Baker
U.S. Army Corp of Engineers
Regulatory Field Office
151 Patton Ave. Rm. 143
Asheville, NC. 28801-5006
960665
Subject: S.R. 2776, Buncombe Co.
Dear Mr. Baker:
We are providing a package,of design sketches concerning wetlands that
will be impacted by this project. We have enclosed a completed N. C. D. E. M.
application for your use.
We are planning on extending the existing pipe across S.R. 2776, Old
,Fort Road, approximately 30' on the outlet end of pipe to eliminate erosion of the
roadway. This.stream is a designated trout stream.
If you have any comments or questions concerning this project, please
contact J.N. Jarrett or.myself of this office at 704-298-2741.
Thank you for your cooperation and assistance in this matter.
Sincerely yours,
Danny R. Tolar
District Engineer
DRT:JNJ;jnj
cc: Mr Eric Galamb, Div. of Environmental Management
Mr. David Yow, Dist 9 Environmental Coordinator
0

NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION. TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater-than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts. and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWT 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may, be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWI1 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
- x
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service.and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project:
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufort, NC 28516
Telephone [phone] Tp.lpnhr%n,- rol M 1710 fAAA
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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 A_
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONM _ ,?? '.....
P.O. Box 1890 AND NATURAL RESOURCES? s
)Wlmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 JUL 1 9 1996
Telephone [phone] ATTN: MR JOHN DORNEY?
Telephone [phone] r MGM GROUP
WATER ^UAt ITY SEtiT;QN
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Int. C. DEPT OF 7RA4,(SPGRTA j 100
2. Owners Address: PC. BOX 3279 A-S(4EVILLE, KC 2880.2
3. Owners Phone Number (Home): (Work): ?-78-Z74[
4. If Applicable: Agent's name or responsible corporate official, address, phone number-
D. R . TO (..H-R
PO BOY, 37-77
ASHEWLLE MC Z880?
.5. Location of work (MUST ATTACH MAP). County: 8UMGC M6 E
NearestTown or City: &ACk M0f( MAN Nc
Specific Location-(Include road numbers, landmarks, etc.): 5R 7-77, APPROX ZOO' FR)M
iuz;-=RS6CM3?4 OF NC AuD SR Z-7-76,
6. Name of Closest Stream/River. BROAD RN ER
ER
7. River Basin: BROA-b RIVE[
8. Is this project located in a watershed classified 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 [Pl'
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
- O: Q I Ac
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: 0. 0( AC
Total Impacted:

12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): RITU- 9b( l•( C7 C-X(s17 N?
CX)TLC---T OF P(LE A•PPROS-MATELY 30' MORE REET
13. Purpose of proposed work: TO F-LIMWATE CRQS(O(J MRLEM CAUSED Ry
Wk SLI D(U G • OF(= (39 QU MET E-9 D OP -PIPE,
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
taken to inim;E wetland impacts. SA=E Aw ) E , 4tL ROUTNF_ t AIEcF?S y h
TO CQU7ROL EROS((90 A9b SED(+ egMTIOU W(LL 8E U7YL(ZEO. 1
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 criti
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ .1
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. CCPy 70 &fOxfKC
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 PI
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 stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? AGAICOLTUR E.
F. If applicable, what is proposed method of sewage disposal? ?h
D. R. Takes 7-Q8-qG
Owner's Signature Date
N.C. DEPARTMENT OF TRANSPORTATION
D IVI SON OF-HIGHWAYS
SIECONDARY ROAD SURVEY
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