19880141 Ver 1_COMPLETE FILE_19880627

4
STA?Z
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. Charles S. Livengood
P.O. Box 6369
Asheville, NC 28816
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Stream Realignment
Charles Livengood
Smith Mill Creek
Buncombe County
Dear Mr. Livengood:
Attached hereto are two (2) copies of Certification No. 2249
issued to Charles S. Livengood dated June 29, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

. M
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 Charles Livengood pursuant
to an application filed on the 1st day of June, 1988 to complete
realignment of Smith Mill Creek near Asheville.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Smith Mill
Creek in conjunction with the proposed stream realignment 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).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
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 29th day of June, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. lolls
For R. Paul Wilms, Director
WQC# 2249
i\
x'•
Stl1T[ y?
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. Charles S. Livengood
P.O. Box 6369
Asheville, NC 28816
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Stream Realignment
Charles Livengood
Smith Mill Creek
Buncombe County
Dear Mr. Livengood:
Attached hereto are two (2) copies of Certification No. 2249
issued to Charles S. Livengood dated June 29, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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 Pavs
P.O. Box 2768,', Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity 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 Charles Livengood pursuant
to an application filed on the 1st day of June, 1988 to complete
realignment of Smith Mill Creek near Asheville.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Smith Mill
Creek in conjunction with the proposed stream realignment 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).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
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 29th day of June, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signets By
William Q Mills
For
R. Paul Wilms, Director
WQC# 2249
N
.x ? } D
rn„ ?, m
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
June 10, 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. _035D_dated
612188 describing a project proposed by Charles S. Livengood
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 6/24/88
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 : j r. / aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
4'
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-011-0350 June 2, 1988
PUBLIC NOTICE
MR. CHARLES S. LIVENGOOD, POST OFFICE BOX 6369, ASHEVILLE, NORTH CAROLINA
28816, has applied for a Department of the Army after-the-fact permit TO
REALIGN A SECTION OF SMITH MILL CREEK, SOUTH OF OLD COUNTY HOME ROAD, IN
ASHEVILLE, BUNCOMBE County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments.on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show that the applicant
proposes to fill approximately 200 linear feet of Smith Mill Creek, resulting
in the placement of about 400 cubic yards of fill material in waters of the
United States. A new channel is to be excavated south of the existing
channel, rejoining it at the eastern edge of the applicant's property. The
required bend in the new channel will be lined with riprap to protect against
erosion. Excavated material will be disposed of onsite. An 18-foot-wide
riprap dam is proposed downstream at the junction of the old and new channel
to prevent escape of sediments off the property. Silt fencing is proposed
along the north slope of the new channel to prevent erosion from upland
development. The purpose of the work is to realign the creek in order to
create buildable property. 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 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.

-2-
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
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
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.
r
-3-
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 27, 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 20, 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.,
July 1, 1988, or telephone [phone].
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WATER QULAITY SECT TO;,...' / AR(:)
IN RECOMMENDED REQUESTED. Ar .i. SC- THIS MATTER IN MORE DETAIL, PLEASE CONTACT ME.

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? Lk_ MCGiLL ASSOCIATES, P.A. r? AY 1 8 1988
CONSULTING ENGINEERS 704/2' JAS BRANN
May 16, 1988
Charles W. Hollis, Chief
Regulatory Branch
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28401-1890
RE: 404 Permit
Smith Mill Creek
Stream Enhancement
Buncombe County, NC
Dear Mr. Hollis:
We are acting on behalf of Charles S. L.ivergood and pursuant to Section 404 of
the Clean Water Act, we are enclosing an Application for Permit to Excavate and/or Fill
for the subject project for your review approval. This project generally consists of
land clearing and grading operations involved in the proposed straightening and
enhancement of approximately 200 L.F. of Smith Mill Creek.
The enclosed attachments consist of the following:
1. Application.
2. Vicinity Map.
3. Overall site plan and plat.
4. A typical cross-section of the main stream channel.
S. Copy of deed.
6. Copy of letter of notification to adjoining reparian landowners.
This project began without benefit of a permit due to confusion by the owner
regarding permit requirements. The project has now been halted and all construction
stopped as we seek permit issuance. Your expeditious review/approval will be greatly
appreciated, and we are available at any time to respond to any questions.
Sincerely,
M LL ASSOCIATES, P.A.
i
DAVI , P. E.
GDD/drj
cc: Charles S. Livengood
Verl Emric
viark Monaghan
P.C. POX 2259
ASHEVILLE, N.C. 28802
38 ORANGE STREET
ASHEV ILLE, N.C. 28801
a- t
APPLICATION
FOR
RECEIVED
MAY 1 8 1988
REGULATORY BRANCH
PERMIT TO EXCAVATE ANO/M FILL IMATEIt QUALITY CERTIFICATION
EASEMENT IN LA14 S COVERED aY WATER CAMA PERMIT FOR MAIM DEVELOPMENT
pyartrtarit of IM Arwsy
(45146-121 of AM,MWtatfers s t Gif NC1tu? Retetwwcw an4 C?MuMty Cwewom-A Ca" el Ersiwrs, W1 k0en Oka Desi (GS 113.32", 143,215.3(s)(1). 143-11115.341.1113A-111111 (33 CFR 201.320.329)
Pleas type or print and fill in all blank 1. It information Is not applicable, so indicate by p1ackim N/A In blanlt.
1. Applktant Inlorr++atan Livengood Charles
A. Nam Last First Middle
IL Address Post Office Box 6369
Street, P O. Box nr Route
Asheville, North Carolina 28816 704-254-0577
(.itvar Town State Zip Code Phone
IL LautWo of Proposed Protect.
A. County Buncombe Asheville
R 1. City. town, community or landmark
2. Is proposed work within city limits? Yes x No
C. Greek, river, sound or bay upon which project is located or neatest named body of water to project
South Mill Creek
Ill. Desciription of Proiect X
A. 1. Maintenance of existing project 2. New work
R Purpose of excavation or fill
1. Access channel length width depth -
2. Boat basin length_ width depth
3. Fill area length_width depth
4. Other Enhance Stream length 2501 width 20' depth _.10,
C. 1. Bulkhead kiigth. N/A Average distance aterrward of MHW (shcretrne) N/A
2. Type of bulkhead construction (material) N/A
0. Excavated material (total for project) Rubble, Rock and Soil
1. Cubic yards 800 2. Type of material
E. Fill mataul to be placed below MHW (see also VI A) Rubble & Clay
1. Cubic yards 400 2. Type of material
IV. Lad Type, Diux" Area, and Construction Equipment X
A. Does the area to be excavated,include any marshland, swamps or other wetland, Yeti XNo
9. Does the disonwl arca include any niarsnland, swamps or other wetland, Yes No
C Disposal Area On-Site
1. Location
2. Do yuu claim title to discioul area! Yes
D. Fill material siiuice if lilt is u, be trucked in N/A
E. How will excavated materul be enUapped and erosion contridled, rip rap check dam downstream
F. Type of equipment it) he used Rarl.hnP
G, Will marshland he crmsed in transporting equipment to project site' It yes, explain No
DatF?1
Rev, 10(78

V. I amodsd Unit of P1 AM (ancr2m)
A. 1. Pirksw
2. Conmssr W Improve stream banks through nroperfy
?. Hkisa t Oevellowne tt or IrtdmntrM
4. Odwr
L 1. L.ot AMN 0.4 acres •
1 Elenatlon of Iot(a) above amen h4h water 2.5' -
1. Soo true and tsumns alluvial sandv s;1 t
4. Type of building fari ams or strut ores commercial
S. Saws" disposal and/or waste water treatment A. Existttt ye Manned
B. OeW,be gravity sewer line
i. Land Clasurteation (circle one) DEVELOP' D TRAhit rIUhA:. COMMUNITY RURAL
CONSERVATION OTHER - (See CAMA Local Land Use PlanSynapsia)
VL hftabsiey to Fin and Wow Quality
A. Don the t rooosed orntett :rvolve the pl3tensent of rill matchAks he4cw -eatn hqh water? Yes2-No
L 1. Win arty runoff or discharge enter adiacent watm As result of orwect activity or planned ube of the
tea following praect completion' Yes. No x
2 Type of diacharp N/A -
- -- -
3. Location of discharls N/A
VIL f'terent rate of shoreline ero+ion (if known): - N/A
VUL Ugg pwmk nu mben and issue dates of previous Nowtrtent of Array Corps of Enpinom er Stater permits for
. ante in preiect area, if aoditab{r. N/A .
IX. LinpA of tie squired to comolste pinto t: 1 week
X M e//Iden to dw completed soolki0ow hrmm, tM fill"wrirq ianas must be 00 - 0 dad:
A. Attach a copy *(the dead (with State aoplieation only) Prather inwurnent undo which aooiscantt
claims title to the affected otwoty.OR If aoolicant Is not claiming to be the owner of said property.
then forward a copy of the dead of othw Wdaillmnent under which the owner claim. tide plus written
permission from the owner to carry out the Oroiect on his land.
R, Attach an accurate work plat drawn to scale on II`h X 1 1" white paver (sae instruction hootdet (or
dKitill). Note: Origins nos preferred • only h,Rh Quality copies accented.
C. A copy of the aoollcatton and plat must be served uoon adiacent r[oarian landowners by tegtstered or
certified mail or by ouolicatton (G.S. 1 t3.224 W)Enter date served April 22 , 1988
D, List names and crunolete addresses of the riparian ?andownefs with oroeerly Wioinin{ &VolKamt's.
Such owner have 30 days to which to submit coMrnenta to aeenctes listed briar.
R. L. Bailey, 247 Charlotte Street, Asheville, North Carolina 28801
Loyal =r er o Moose, Moose Heart Lane, Asheville, North Carolina 28806
XL C rtificttien requimmoflt: I certify that to L" best of my koowledtie, the prooosed activity complies
with the State of North Carollnah approved costal manaeerrent oftivam and will be conducttd in a
man ew consistent with such program.
XIL Any permit awed purwant to [hit AODIK.ation will allow only this develooment describe4 in this appli
S.3tion and piat. Aoolicants should therefore deuribot in the aoolication and plat all ant[c[oatad drve4-
opnwent activities, includint construction, excavation, filling, and land claming.
DATE ?) el
Aoolicaist's Signature
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• . ?QO McGILL ASSOCIATES, P.A.
CONSULTING ENGINEERS
704/252-0575
REGISTERED MAIL - RETURN RECEIPT REQUESTED
May 16, 1988
R. L. Bailey
247 Charlotte Street
Asheville, North Carolina 28801
Loyal Order of the Moose
Moose Heart Lane
Asheville, North Carolina 28806
RE: Stream Enhancement at
Asheville Carpet Connection
To Whom It May Concern:
Mr. Charles S. Livengood, owner of Asheville Carpet Connection, has applied for
a Section 404 permit from the U.S. Corps of Engineers to straighten and enhance a short
section of Smith Mill Creek through his property on Old County Home Road in Asheville.
The application for the permit requires that the adjoining riparian landowners be
notified if this action, and be furnished with a copy of the application and plat.
Your copy of the application and plat are enclosed, and please note that you
have 30 days in which to submit comments, if you so desire.
Sincerely,
McGILL ASSOCIATES, P.A.
GARY D. DAVIS, P.E.
GDD/drj
cc: Charles S. Livengood
P.O. BOX 2255 38 ORANGE STREET
ASHEVILLE, N.C. 28802 ASHEVILLE, N.C. 28801

G r .. n u% a ,i..
DEPARTMENT OF THE ARMY -?,
Wilmington District, Corps of Engineers IL.I(?I (, f::'::
Post Office Box 1890
Wilmington, North Carolina 28402-1890
i
SAWC088-N-011-0350 June 2, 1988
PUBLIC NOTICE
MR. CHARLES S. LIVENGOOD, POST OFFICE BOX 6369, ASHEVILLE, NORTH CAROLINA
28816, has applied for a Department of the Army after-the-fact permit TO
REALIGN A SECTION OF SMITH MILL CREEK, SOUTH OF OLD COUNTY HOME ROAD, IN
ASHEVILLE, BUNCOMBE County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments.on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show that the applicant
proposes to fill approximately 200 linear feet of Smith Mill Creek, resulting
in the placement of about 400 cubic yards of fill material in waters of the
United States. A new channel is to be excavated south of the existing
channel, rejoining it at the eastern edge of the applicant's property. The
required bend in the new channel will be lined with riprap to protect against
erosion. Excavated material will be disposed of onsite. An 18-foot-wide
riprap dam is proposed downstream at the junction of the old and new channel
to prevent escape of sediments off the property. Silt fencing is proposed
along the north slope of the new channel to prevent erosion from upland
development. The purpose of the work is to realign the creek in order to
create buildable property. 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 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.
C

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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
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
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.
f
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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 27, 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 20, 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.,
July 1, 1988, or telephone [phone].
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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
May 26, 1988
SUBJECT: File No. SAWC088-N-011-0350

Mr. William Mills
Water Quality Section it `v
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development :I' -, .. :•
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Mr. Charles S. Livengood for
Department of the Army authorization and a State Water Quality
Certification to place fill material in a section of Smith Mill
Creek to effect its realignment, south of Old County Home Road,
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 authorizing 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 a reasonable time
for State action. Therefore, if you have not acted on the request
by July 26, 1988, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
Cha a W. 4ts
Chie Regulatory Branch
Enclosure
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19
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