19970715 Ver 1_Complete File_19971010

State of North Carolina
Department of Environment, F15WA
Health and Natural Resources -
Division of Water Quality
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James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary p E H N F
A. Preston Howard, Jr., P.E., Director
October 10, 1997
Buncombe County
WQC 401 Project #970715
COE #199707188
APPROVAL of 401 Water Quality Certification
Mr. Daniel Fiore
124 Hillside Drive
Swannanoa, NC 28778
Dear Mr. Fiore:
You have our approval, in accordance with the attached conditions, to culvert 148.5 feet of waters for the
purpose of road crossing at Arden as you described in your application dated September 24, 1997. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3108 This Certification allows you to use Nationwide Permit Number 26 when it is issued by the
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, Coastal Stormwater, Non -
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
404 or CAMA 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 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). 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. 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.
Sicuely,
Pqtonoward, J . P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
9707151tr
Division of Water Quality • Non - Discharge Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycledN 0% post consumer paper

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September 24, 1997
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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
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August 25, 1997
DWQ Project #970715
COE #199707188
Mr. Daniel Fiore
124 Hillside Drive
Swannanoa, NC 28778�SS`
Dear Mr. Fiore:
Re: Commercial site development, Glen Bridge and Bradley Branch Roads
Arden, N.C.
On 18 August 1997 the Division of Water Quality (DWQ) was notified by receipt of
your permit from the Corps of Engineers regarding your plan to culvert 150 feet of a stream
for the purpose of developing a commercial site in Buncombe County. Approval from
DWQ is required to disturb these wetlands. The enclosed application needs to be
completed and returned to us with 7 copies of the application, supporting maps and
documentation. In particular as described in 15A NCAC 2B .0502, we will require you to
locate all streams and ponds on the property. Please show these on maps of suitable scale
(for instance 1 " =100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
Please call me at 919 - 733 -1786 if you have any questions or would require copies of
our rules or procedural materials.
cc: Asheville DWQ Regional Office
Wilmington Corps of Engineers
Central Files
Siicerely,
Jo. in R. Dorney
Water Quality Cer: on Program
970715.pnd
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled /10% post consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1890
August 12, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199707188 and Nationwide Permit No. 26
Waters)
Daniel Fiore
124 Hillside Drive
Swannanoa, North Carolina 28778
Dear Mr. Fiore:
FS,
(Headwaters Isolated
Reference your application of July 21, 1997, for Department of the Army
(DA) authorization to pipe 150 linear feet of a tributary to Bradley Branch
in conjunction with commercial s to
= prep-aration at your property at the
t
intersection of Glen Bridge and Bradley Branch Roads in Arden, Buncombe
County, North Carolina. The proposal has been reviewed by the North Carolina
Wildlife Resources Commission (WRC).
For the purposes of the Corps of Engineers' Regulatory Program, the
"December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and
Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided that the activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres of
waters of the United States nor cause the loss of waters of the United States
for a distance greater than 500 linear feet of a stream bed,
b. For discharges causing the loss of greater than 1/3 acre of waters of
the United States, the permittee notifies the District Engineer in accordance
with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work; containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of the work; and,
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1 /10 acre of marsh and 50 square feet of a stream);

-2-
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Whenever any other nationwide permit is used in conjunction with this
nationwide permit, the total acreage of impacts to waters of the United States
of all nationwide permits combined cannot exceed three (3) acres.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached July 29, 1997 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
This verification will be valid until the nationwide permit expires,
which will occur on December 13, 1998. All activity under the terms and
conditions of this nationwide permit must be completed before the permit
expires. It is incumbent upon you to remain informed of changes to the
nationwide permits, which will be announced by public notice when they occur.
We have evaluated potential impacts of your activity, and we have
determined that your proposal will not affect any endangered species.
When you have completed your work and any required mitigation, please
sign and return the enclosed certification form.
Questions or comments may be addressed to Mr. David Baker in our
Asheville Regulatory Field Office, telephone [phone].
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosures: 7/29/97 WRC letter
Copies Furnished (without enclosures):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607