19860043 Ver 1_COMPLETE FILE_19861020

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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 January 23, 1987 Lynn R. Muchmore
S. Thomas Rhodes, Secretary Assistant Secretary for Natural Resources
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington District
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Woodbury:
In keeping with your request, this office. has circulated to interested
state agencies U. S. Army Corps of Engineers Public Notice .... 0509 dated
September 11, 1986 which describes a project proposed by the Buncombe County
Board of Commissioners represented by William G. Lapsley and Associates, P. A.
of Hendersonville. The project, involving the placement of fill in waters of
the state for a temporary work road in the laying of a subaqueous utility
line, is located on the French Broad River in Asheville, Buncombe County.
In the course of the coordinated state review, three agencies objected
and/or expressed concern over the likelihood of unusually high turbidities
from the construction activity. If the agencies, i.e., the Wildlife Resources
Commission, the Division of Water Resources and the Division of Land Resources
are correct, then the "10 NTU" requirement in the issued Water Quality
Certification will be difficult to maintain. The Division of Water Resources
and the Wildlife Resources Commission are presently recommending an aerial
crossing, preferably on the bridge nearest to the project area. Should a
method be developed to keep turbidities and other impacts to an absolute
minimum, then additional review would be provided.
For your information, the Division of Environmental Management issued
Water Quality Certification No. 1994 for the proposal on November 14, 1986.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
Jo n R. Parker
Inland '404 Coordinator
cc: Wildlife Resources Commission, Raleigh
Division of Environmental Management, Raleighl/'?
Division of Land Resources, Raleigh
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A. F,,...I (lr..?........:... AFfi.,..?#4- A-4-- G.....L__._.
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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
S. Thomas Rhodes, Secretary
November 14, 1986
Mr. William Lapsley
William G. Lapsley and
Associates, P.A.
P.O. Box 546
Hendersonville, NC 28793
R. Raul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Coffer Dam
Buncombe County Board of Commissioners
French Broad River
Buncombe County
Dear Mr. Lapsley:
Attached hereto are two (2) copies of Certification No. 1994
issued to Buncombe County Board of Commissioners dated November 14,
1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed 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 Pays
Pa BM 27687, RakO, Nwth Carolina 27611a6W' Td*wxw 919.733-7Ut5
An r--J Y'L-- AM

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 Buncombe County Board of
Commissioners pursuant to an application filed on the 12th day of
September, 1986 to construct coffer dams in French Broad River.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of French
Broad River in conjunction with the proposed dams 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 10 NTU's or less
are not considered significant).
2. That the temporary coffer dams be suitably stabilized
to not erode due to river flow (rip-rap or other
suitable means of stabilization) and that the dams
and stabilizing materials be removed after completion
of the construction project.
Violations of any condition'herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 14th day of November, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1994
s ?
Ve?Ao
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
S. Thomas Rhodes, Secretary
November 14, 1986
Mr. William Lapsley
William G. Lapsley and
Associates, P.A.
P.O. Box 546
Hendersonville,'NC 28793
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Coffer Dam
Buncombe County Board of Commissioners
French Broad River
Buncombe County
Dear Mr. Lapsley:
Attached hereto are two (2) copies of Certification No. 1994
issued to Buncombe County Board of Commissioners dated November 14,
1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed 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 Pays
PAD Boot 27687, RmkWih North Carolina 27611-7687 Tek0w x 919.733-7015
. ,, - ..z-- --
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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 Buncombe County Board of
Commissioners pursuant to an application filed on the 12th day of
September, 1986 to construct coffer dams in French Broad River.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of French
Broad River in conjunction with the proposed dams 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 10 NTU's or less
are not considered significant).
2. That the temporary coffer dams be suitably stabilized
to not erode due to river flow (rip-rap or other
suitable means of stabilization) and that the dams
and stabilizing materials be removed after completion
of the construction project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 14th day of November, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
R. Paul Wilms, Director
WQC# 1994
W
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•'sn. STATE y'
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4io
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor September 18, 1986 S. Thomas Rhodes, Secretary
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0509 dated
0-11-86 describing a project proposed by Buncombe-O.-11oard of Comm.
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 - 10-6-86 ,
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 &Af
LA
Date q LA
Agency 15 JAL
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
DEF TMENT OF THE ARMY
Wilmington District, Corps of Engineers 6,=N
Post Office Box 1890 SEP 12 1986
Wilmington, North Carolina 28402-1890
COASTAL RESOURCES COMM
SAWC086-N-011-0509 September 11, 1986
PUBLIC NOTICE
BUNCOMBE COUNTY BOARD OF COMMISSIONERS, c/o William G. Lapsley and
Associates, P.A., Post Office Box 546, Hendersonville, North Carolina 28793,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL FOR A
TEMPORARY DAM IN THE FRENCH BROAD RIVER IN THE BENT CREEK COMMUNITY NEAR
ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show that a sewer force main
will be installed under the river channel. This utility crossing is
authorized by the Corps' general permit SAWCO81-N-000-0049 and therefore is
not being considered for announcement under this public notice. The fill
material will span the River temporarily until the utility line work is
completed. The dam will span half of the river at one time. When work is
completed behind this section of the dam, the part of the dam which has not
been eroded will be removed by equipment. The applicant will begin
construction of the dam from the other bank of the river half way out into the
river and the process will begin again. The total dimensions of the dam will
be about 355 feet long by 20 feet wide by 7 feet high and will involve about
2,000 cubic yards being placed in the ordinary high water level in the river.
The application makes no provisions for any stabilization of the dam while it
is in place. 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.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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 latest 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
? 5S
X?
-7
IT
-2-
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, flood plain values, 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 permit will-be denied-if---the-discharge that would be
_---authorized-by-such permit would not comply with the Environmental Protection
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.
--- ------- -- --
Generally, the decision whe-ther 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.

-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 20, 1986.
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 October 10, 1986, 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.,
October 8, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
R E C E I V E P. WATER QUALITY SECTION
October 24, 1986
OCT 2 8 1986
MEMORANDUM WATER QUALITY SECT1101il
OPERATIONS BRANC-!
TO: Bill Mills
401 Certification
THROUGH: Forrest R. WestalC
Water Quality Reg' nal Supervisor
FROM: Max L. Haner, Environmental Chemist
Asheville Regional Office
SUBJECT: Comments and Recommencations
Proposed 401 Certification
French Broad River Coffer Dam
Buncombe County, North Carolina
The project proposed by the Buncombe County. Board of Commissioners
for construction of a Coffer Dam in the French Broad River for river
diversion during sewer line work has been reviewed by this office.
Construction of this dam will place some 2000 cubic yards of fill
material in the river in an unprotected manner which would allow
natural erosion. That material still remaining in the dam after
the project has been completed would be removed.
Generally, one would expect erosion of this fill material to occur
during high river flow periods such that the water quality impact
would be minimal. To design a dam with this erosion in mind, however,
is a contradiction to the intent of the program and it is recommended
that before a 401 Certification is issued by this agency,.sufficient
protection of the fill material in this Coffer Dam be provided in
the plan` to significantly increase the. structural stability and
thereby eliminate large scale erosion.
If you wish to further discuss this matter, please contact me.
MLH:1s
Interchange Building, 59 Woodfin Place, P.O. Box 370, Asheville, N.C. 28802-0370 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
40*

The French Broad River
Foundation, Inc.
25 Heritage Drive, Asheville, N.C. 28806
[phone]
October 7, 1986
Mr. William Mills
N.C. Division of _Environmental Management
P.O. Box 27687
Raleigh NC 27611-7687
Dear Mr. Mills:
R'ECEIVE?J
OCT 0 9 16

On behalf of the French Broad River Foundation, I am writing to
express our concerns about the proposed temporary earthen dam
on the French Broad River neer Bent Creek:. As you know, sedi-
mentation is already the number one problem facing-the French
Broad, and any project with the potential to increase the prob-
lem must.be carefully considered. We at the Foundation are
primarily concerned as to whether or not that has been the case,
and are therefore adding our voice to those of others who have
questioned the advisability of proceeding with this project,
at least in its current form.
Besides the caliber of planning, we are also concerned about
the dam's potential impact on water quality and wildlife within
the river habitat. As I understand it,.there are no plans in
the current proposal to stabilize the dam while it is in place.
We would appreciate any further information you can provide in
response to these questions. We all want what is best for the
river, but sometimes an immediate, concrete demand.--such as the
need to extend sewer services to Brevard Road--can obscure
other equally important concerns. With careful planning, however,
we feel certain that that can be avoided. Thank you for your
cooperation; I look forward to hearing.ftem you soon.
Sincerely,
Peter Gregutt
Program Coordinator
French Broad River Foundation
cc: David Spain
Dedicated to the Preservation of the French Broad River and its Tributaries

y
SEP 22 19,86

Div o. .rv..rvi.r, ; ISL
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
September 22, 1986
i? S r
25
MEMORANDUM
WATER DUALITY
TO: John Parker, Jr., Chief aEk-f'0N
Major Permits Processing Section
9
FROM: Richard B. Hamilton fm
Assistant Director '4l
SUBJECT: Public Notice No. 0509 - Buncombe County Board of Commissioners;
Force Main Sewer Line Across French Broad River
We have reviewed the subject project and our field staff is familiar
with the project site. The placement of highly erodible material in a
stream with no provision for protection from erosion nor control of turbidity
is unacceptable. The impact upon downstream fishes and fishery habitats
would be significant and unacceptable. We therefore recommend denial of the
project as proposed and urge that the Division of Environmental Management
401 permit not be issued until the project is redesigned to meet siltation
and sedimentation standards.
Should the applicant modify the project to minimize silt and sediment
impacts upon fishes and habitat, this agency would be pleased to reconsider
our recommendation.
RBH/lp
Enclosure
cc: The Honorable William H. McCall
Mrs. Linda K. Gantt
?bivision of Environmental Management

September 23, 1986
Mr. William Mills
NC Division of Environmental
Management
PO Box 27687
Raleigh, NC 2761147687
Re: French Broad River/
Temporary Dam
Dear Mr. Mills:
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Carolina Wilderness Adventures, a division of Mountain
River Tours, Inc., has outfitted whitewater raft trips on the
French Broad River since 1980. We operate from March through
November, with our busiest time being weekends in the Spring and
Fall and daily through the summer months. During the summer months
we have a payroll of fifteen or more persons, and an individual
days revenue can be as high as $5,000.00.
Adequate and predictable flows in the French Broad River
are essential to the continuance of our business. For this reason,
we are deeply concerned about the possibility that a proposed
earthen darn proposed by Buncombe County to extend sewers to Brevard
Road to serve the Bent Creek area might cause an interruption in
water flows that would require us to close our business and lay off
our employees.
Please accept this letter as a formal objection to any
damming proposal which would have a temporary or permanent effect
on normal water flows in the French Broad.
We would appreciate being kept apprised of developments on
this question.
Very truly Yours,
Michael N. Tousey
Carolina Wilderness Adventures, Inc.
Box 488 • Hot Springs • N. Carolina 28743 • [phone] • Nov. - March [phone]
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4WMD-MEB/LP
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
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Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North. Carolina 28402
ATTENTION: Jeff Richter
2 7 1?8o SEP 22 198
V*-[ER QU ALiTY Mgt.
OPERATION t .. rte, F<a.? ?r;, N. C.
SUBJECT: Buncome County Board of Commissioners
(Public Notice 86-N-011-0509)
Dear Colonel Woodbury:
This is in response to the subject public notice proposing to place fill
material for a temporary dam in the French Broad River near Ashville,
Bunccime County, North Carolina. As a result of this activity a temporary
dam will be constructed across the French Broad River to allow the
installation of a sewer force mainline. The fill material will span the
River temporarily until the proposed project is completed, with about one-
half the dam constructed at one time. When construction activities are
completed behind the first section of the dam, any fill material not
eroded by the river's flow will be removed by heavy equipment. The
applicant will then repeat the process from the other bank of the river.
The applicant has made no provisions to stabilized any fill material
while the project is being constructed.
Based on telephone conversations with a biologist from the U.S. Fish and
Wildlife Service, it is evident that the French Broad River is a high
quality riverine environment with a diverse and productive aquatic
ecosystem. The project as proposed will undoubtedly cause significant
negative impacts to the aquatic resources of the French Broad River by
creating excessive turbidity levels associated with construction of the
fill dam.. Consequently, we recommend that the subject project be denied
and the applicant modify his project to a less environmentally damaging
proposal.
Sincerely yours,
Beverl id , Acting Chief
Wet nds Section
Marine and Estuarine Branch
cc: See enclosed
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV

cc: Mike Gantt,.Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner,,Regional Director
National Marine Fisheries Service
St. Petersburg, FL

OF THE ARMY
DEPARTMENT
Wilmington District, Corps of Engineers ?
Post Office Boa 1890 $Y'-? 186
Wilmington, North Carolina 28402-1890
OP ones _ ?1..
SAWCO86-N-011-0509 A% " September 11, 1986
PUBLIC,-NOTICE
BUNCOMBE COUNTY BOARD OF COMMISSIONERS, c/o William G. Lapsley and
Associates, P.A., Post Office Box 546, Hendersonville, North Carolina 28793,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL FOR A
TEMPORARY DAM IN THE FRENCH BROAD RIVER IN THE BENT CREEK COMMUNITY NEAR
ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant Plans submitted with the application show that a sewer force main
will be installed under the river channel. This utility crossing is
authorized by the Corps' general permit SAWC081-N-000-0049 and therefore is
not being considered for announcement under this public notice. The fill
material will span the River temporarily until the utility line work is
completed. The dam will span half of the river at one time. When work is
completed behind this section of the dam, the part of the dam which has not
been eroded will be removed by equipment. The applicant will begin
construction of the dam from the other bank of the river half way out into the
river and the process will begin again. The total dimensions wQf, the dam will
be about 355 feet long by 20 feet wide by 7 feet high and will involve about
2,000 cubic yards being placed in the ordinary high water level in the river.
The application makes no provisions for any stabilization of the dam while it
is in place. 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.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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 latest 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
. ik
-2-
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, flood plain values, 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--Jnfted States -t a permit will -be-denied if the discharge -that-would- be
authorized by such permit would not comply with the Environmental Protection
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.
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.
k

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-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 20, 1986.
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 October 10, 1986, 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.,
October 8, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
September 10, 1986
SUBJECT: File No. SAWCO86-N-011-0509
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVE
S L I 1 2 1988
WATER Q'I U_ALi?Y SECTION
OPERATI
Enclosed is the application of the Buncombe County Board of
Commissioners for a Department of the Army permit and a State
Water Quality Certification to place fill material for a temporary
dam in the French Broad River in the Bent Creek Community, near
Asheville, Buncombe County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by November 7, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
ha a W. Ho is
hie , Regulatory Branch
Enclosure

-2-
Copy Furnished (without enclosure):
Mr. John Parker.
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

William G. Lapsley & Associates, P.A.
Consulting Engineers
410 Fifth Avenue West - Suite 6 --
Post Office Box 546
Hendersonville, North Carolina 28793
704-697-7334 t
July , 1986
Mr. Jeff H. Richter
Wilmington District
U.S. Army Corps of `Engineers r^
P.O. Box 1890
Wilmington, N.C. 28402
RE: Venable Industrial Site
Sanitary Sewer Improvements
Buncombe County
Dear Mr. Richter:
Enclosed for your review and approval please find two (2)
copies of an Application for Permit;to Fill (Temporary) across
the French Broad River in connection with the above referenced
project.
We would appreciate your review and comments at your
earliest convenience. Should you have any questions, please `feel
free to call on our office.
Sin
William G. Lapsley? P.
WGL/ec
Enclosure
cc: Buncombe County
Planning Dept.

MlL.ICATION
Foot AUG
PERMIT TO EXCAVATE ANO/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER C^MA PERMIT FOR MAIOR DEVELOPMENT
Stay N NeM CawlNi+ 0"Airaiieiit N dw AMY
Oepailwa it of Natirrel Iteeew?cee ad CAmmmahi OiYep"? tare N triekswe, wNwM?teit ohm"
114111111146-111111 ~ M (GS 113.329, 14i215.31akt),14}215.3(c), 113A•119 (33 CFB 20.320.3291
/Maw IVPG or print and fig in 411 blanks. It infanatiett it not applkabM, a ittdiatr by plaid" NIA Mt blanit.
L Applicant Informab"
A, Name
(SS1C OE-I
_ ?`t'?? First MrvWr.
L Addreu t° k r
Str t P O. $ox M R? `
L '?lit L - 255:7J -yJ'7'7r7
`?i
_ SOU II_
City or Town State Zip Code Phone
11. Ltatation of Proposed Protect.
A. courtly 't???ULC!IM 1 ?L'l t?l? C???K L?MML?vIt`(
L 1. City, town, community or landmark
2. Is proposed work within city limits" Yet ? No
G Creek, river, sound or bay upon which protect is located or nearest named body of water to proiect
IIL Description of PTOOct 79?fv': f A L 1.?C Ie (?3 ENV `?
A. 1. Maintenance of existing protect 2. New work _
L Purpose of excavation Of fill Nl f?11v L'NDet? ??UE?z .?uplJlJc L. O/A -length width depth
1. Auess channel
2. Boat basin N Ien11th? width t-? ?-? -depth -
-
t M^P?G??f?Y 3. Fill area length width depth
? 1LL 4. Other length width depth -
?A
C- 1. Bulkhead length _ Average distance waterward of MHW (shorwinel.-
2. Type of bulkhead construction (material) i
0. Excavated material (tout r protect)
1. Cubic yards A 2. Type of material
(tiMP® ??` E. Fill material to be placed below MHW (see also VI A)
17?L 1. Cubic yards =4 N0 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment.
A. Does the area to be excavated include any marshland, swamps or other wetland3 Yes No
B. Does the disoo%al area include anv marshland, swamps M other wetland' Yes No
C. Disposal Area
1. Location "CtA. ' I ( 1 -`gW c(-
_
2. Do yuu claim title to disposal area! V-3 t)
0. Fill material v,uice if fill it tube trucked in
E. How will excavated material be entrapped and erosion oonlrolledi L
F. Type of equipment to he used " - - `?
G, Will marshland he crntsed in transporting equipment to protect site' 11 yes, explain
'?`?OMi? C??UfJ?Y -Cal
IDAF41
am. lops

r. INWaiMd Urge of ?reiert Awe ( 1
A. L Fl1v oCLI'n C-l3?t?G ?f\I?1111?y L, (a, !- t-It?
3. Housift t).wiop011"t pr IfAwWllel
4. 0a.

/ -
1. Lot Anil) N /A
2. Elwadon of IWO "Ww "'M hitlh wow .1 1.
1 Sal type and tub"
?. Type of building facilities or structures
S. SowaRt disposal an410r waste crater tnatlnent A. tx1311r1+t rrenrrae
i. Describe A -
I Land Classsfreatlon (circle one) DEVELOPf.O ?RAti.1 COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Ptm Synopsis)
VL PutWairtt< to Fill and Water Quabty A. Does the Proposed project :r,,olve the olaeernent e+( fill materia?s heltiw !,qerr1 :u'jh water? Yes.L.?Na?
L 1. Will arty runoff or dlschargs enter adw"'t waters as &. result of Prom" activity or planned use of he
area followinli prorect completions Yes-.-SC2, Type of diwharp
& Loaatlon of discharge
Va. decent rase o/ shoreline erosion I if known):
VNL LYt permit numbers and itew data of previous Department of /army Corps of ErtRlrteea a State Perntiq for I tai
ttxtrlt in pr,4wt area, i(appilcabie: ?Ihl' 1 1 tyC= (1 t._p
?i nv?.., n
13L L lelpa of dww rewired to cerwoler Proiect: -" `
)L M atdditMw to dr Coo 01led MWkaden (errw. the falewig iaerrte rrttrst be 0 - I td d:
A. Ana* a cony of the deed (with State application onlY) or other instrument under which &POWaM
claku title to the affected Property. OR if applicant b not ciaiminE to be the owner of said Property,
thew forward a copy of the deed or other Mstrtrment ?bider which the owner claims tide Plus written
permission from the owner to carry out the oroieet on his land.
E. Attach an accurate wwk plat drawn to scale on Il'h X 11" white payee (see inAfuction booklet for
details). Note: Original drawings preferred • only h-gh Quaiity copic% dasoted.
G A copy of the aoolrcatlon and plat must be served upon adiacent riparian landowners by ieystered or
certified mail w by publication(G.S. 113224 (d))Enter date served -
0. Lilt names and complete addresses of the riparian landowners with proeerly adioWng apWrcant's.
Such owners have 30 davs in which to submit comments to aeencra listed below.
)(L Grdfication require w : 1 certify that to the best of my knowledtie, the proposed activity complies
with the State of North Carohnah approved coastal management Program and will be conducted in a
twartrter consistent with such program.
)UL Any permit liwed pursuant to this aoollcation will allow only the development described in this appli
cation and plat. AoWicants should therefore describe in the aoelication and plat all anticipated deveb
op itent activities, including construction, excavation, fillip land Bearing,
OATS ? _ L / -14- Aoelicant's Signature
a1a2 SEE REVERSE SIDE FOR MAILING twSTRUCTIONS

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