Ver _Complete File_19890628

? trt STATE Q,
'? WAM Y'?Y
State of North Carolina
Department of Natural Resources and Community
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
June 28, 1989
MEMORANDUM
TO: William Mills
Water Quality Section
Regional Watey Supervisor
THROUGH: Forrest R.Weseechnician
Environmental J
FROM: W.E.Anderson
197'n
p?annig9 B aq ch Y e??
0
Ann B. Orr
Regional Manager
SUBJECT: New Administrative and Criminal Justice Complex
CESAW-C089-N-050-0341, Jackson County
The construction of the new Jackson County Administrative and Criminal
Justice Complex with the filling of associated wetlands should not
cause significant water quality problems. The area is already
urbanized, public sewer is available. It is recommended that a
certification be issued requiring standard construction safeguards to
prevent water quality impacts.
If you need additional clarification or have any questions, please let
me know.
Interchange Building, 59 WoodHn Place, Asheville, N.C. 28801 • Telephone [phone]

An Equal Opportunity Affirmative Action Employer

STAIZ
? wr. 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 August 10, 1980 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. James M. Spiro
Haire & Bridges, F.A.
Attorneys at Law
319 West Main Street
Post Office Box 248
Sylva, North Carolina 28779
Bear Mr. Spiro:
This is to acknowledge receipt of your letter of June 15
cc:)mmenting on the wetland fill proposed by Jackson County for the
new administration and criminal justice complex building. Your
comments will be taken into consideration in the final decision
whether to issue or deny the Section 401 Water Quality
Certification for this project. Your input is appreciated.
If I may be of further assistance in this matter, please
contact me.
Sincerely,
William C. Mills
Environmental Engineer
WCM/kls
Spiro.ltr/D-2
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fniial nnnnrrunirv Affirmative Action Employer

R. PHILLIP HAIRE
BEN OSHEL BRIDGERS
J.M. SPIRO
June 15, 1989
HAI RE & BRI DGERS, P.A.
ATTORNEYS AT LAW
COLONIAL SQUARE
319 WEST MAIN STREET
SYLVA, NORTH CAROLINA 28779
??1V 1989
ATER QUA
,, "wing Branch .
BOX 248
TELEPHONE
[phone]
FAX [phone]
Mr. William Mills
North Carolina Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Mills:
I am an attorney practicing law in Sylva, Jackson County,
North Carolina, and wish to make comments regarding the upcoming
action on the County of Jackson's proposed site for the location
of a new administration and criminal justice complex building. I
am familiar with the issues involved and the site selection.
The site selection for the proposed Courthouse building has
been arrived at by the County Commissioners without public input
and specifically in the face of vocal opposition from the Sylva
Business and Professional Association (an organization made up of
virtually all downtown Sylva business merchants), several
attorneys, and many other concerned citizens. A proposal has been
made by the Sylva Merchants Organization to perform a feasibility
study of the present site selection, along with a feasibility study
of an alternate site which has been proposed and which is located
in the downtown business district of Sylva. There has been an
extreme amount of conflicting information regarding the proposed
alternative downtown site, however there is clearly a great deal
of interest in this alternative and while there are problems
associated with any site selection within the city limits of Sylva,
the consensus among those of us who have looked into this matter
is that the downtown site would be a viable alternative.
Additionally, the proposed alternate site does not involve wet
lands or the altering of any water flow and would, we believe,
assist the Town of Sylva in it's efforts to revitalize the downtown
business district.

r'
The probable impact of the proposed site selection adjoining
Mark Watson Mark is that the traffic flow between the town of
Dillsboro and the town of Sylva (a two lane state maintained road
bordered on one side by the railroad track) would increase
dramatically. There appears to have been no traffic studies
performed and no assessment made of the impact on traffic flow and
congestion between the two towns. Furthermore, we are concerned
that a building of this size and expense should be the focal point
of the community and under current plans it will be effectively
hidden from view and placed in an area which is commonly referred
to as a "swamp". Our overriding concern has been the extreme lack
of concern indicated by the town and county officials with respect
to the views, opinions, and proposals set forth by the Sylva
Merchants Association and the other persons proposing an alternate
site.
As an attorney who practices in Jackson County, I am of course
excited and fully supportive of the proposed Courthouse complex.
However, since this building will be in existence and use for at
least the next several decades, I believe that it is imperative
that a proper site selection be made and that the site selection
be one which will enhance the county and town, and will further our
economic and aesthetic goals. I believe that to place such a large
public building and adjacent to the Mark Watson Park will not only
be aesthetically bad but it will create a negative environmental
impact and will create a traffic flow and congestion problem which
will have a detrimental impact both on the Town of Sylva and the
Town of Dillsboro. Added to this the lost potential for economic
revitalization in the downtown Sylva business district and I
believe this site selection is not in the best interest of the
public. For these reasons I would request that you deny the
proposed permit and/or certificate or at the very least require
county government to perform proper feasibility studies and impact
studies relating to alternate sites and the effect on traffic
patterns and flow.
Thank you for considering my comments and if I can provide you
with any further information please do not hesitate to contact me.
With kindest regards, I am.,
Very truly yours,
a es M. Spiro
JMS/gm
? J
/"

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 6, 1989
Regulatory Branch
SUBJECT: File No. CESAW-C089-N-050-0341
JUN 0 9 'Ic'99
Mr. William Mills
Water Quality Section (7+" I, ^:
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:
Enclosed is the application of the County of Jackson for a Department of
the Army permit and a State Water Quality Certification to place fill material
in Laurel Branch (a tributary to State designated trout waters) and adjacent
wetlands in conjunction with the construction of county administrative and
criminal justice centers in Sylva, Jackson 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 August 5,
1989, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker in our Asheville
office at 704-259-0856.
Sincerely,
Charl s W. Hollis
Chief, 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
4

?yo y
C.'?.SfFcc..?CC?By- b50 r ?3 `?l
JACKSON COUNTY
PLANNING AND DEVELOPMENT DEPARTMENT
8 Ridgeway Street
Sylva, North Carolina 28779
Telephone [phone]
June 2, 1989
Mr. Charles W. Hollis _
Chief, Regulatory Branch
Department of Army_
Wilmington District, Coprs of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Hollis:
kt-CEIVED
JUN 5 1989
REGULATORY BRANCH
Enclosed is Jackson County, North Carolina's application requesting the
necessary permits to construct a County Administration Office/Criminal
Justice Complex.
If you have any questions, please contact me.
Sincere y,
Tom L. Massie, Director
Planning & Economic Development
TLM/gkb
Enclosures
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATFR QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of the Army
Department of Administration State of North Carolina
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineer, Wilmington District
(GS 113.229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
ED
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in jLl, r-J V
J1 Jt'1 5 1989
1. Applicant Information aEGGLATORY BRANCH
A. Name County of Jackson
Last First Middle
B. Address 8 Ridgeway
Street, P. O. Box or Route
Sylva NC 2877q 704) 586-4055
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Jackson
B. 1. City, town, community or landmark S lva, adjacent to MARK WATSON PARK
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Laurel Branch headwaters tribituar of Scotts Creek
III. Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area 1 30 - 000 sq- ff_ length 460 width ?75 aup depth h f t-
4. Other Laurel Branch length 330 width 18 in depth in
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulk!-lead construction (material)
D. Excavated material (total for project)
1. Cubic yards , 2. Type of material
E. Fill material to be placed below MHW (see also VI. A) (in water course only)
1. Cubic yards 31 , 000 2. Type of material 0111 1 nwhpe Sni 1, Urban Land ` Comnl ex
Cowee, Evard
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
1. Location adjacent to MARK WATSON PARK, within city limits of Sylva
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in ON SITE
E. How will excavated material be entrapped and erosion controlled? utilize siltitation fences, rip-rap and
other, mitigative measures subject to approval by NC National Resources & Community Dev.
I . I ypc of equipment to be used Bull Dozers, earth moving pans, back hoes
to aces fill materials
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
and to e fill
W Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other_ P„hiic - Cnnstract an Administrative Office/Justice Center Complex
B. 1. Lot size(s) 7 acres
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures 3-510-00 square feet, 2 story, off ice/courtroom
facility complex
5. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe sewerage is adjacent to this site from the Town of Sylva
6. 'Land Classification'(circle one) DEVELOPED (TRANSITIONAL) COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No N/A
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_?LNo
2. Typeofdischarge some silt during construction, storm water runoff after completion
3. Location of discharge_ Laurel Branch
VIF Present rate of shoreline erosion (if known): N/A
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State, permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: 24 months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
.then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on $%: X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C.. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
SEE ATTACHED
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Signature
Wayne Hooper, Chairman
ADJOINING PROPERTY OWNERS
Ethel Buck
P.O. Box 714
St. Augestine, FL 32084
Al & Katherine Miller
105 W. Main Street
Sylva, NC 28779
John & Dorothy Chapman
103 W. Main Street
Sylva, NC 28779
John B. Collins
26 Second Avenue
Sylva, NC 28779
Harold & Bonnie Dillard
Box 213
Sylva, NC 28779
Phil Haire
P.O. Box 248
Sylva, NC 28779
William Christie
Rt. 2, Box 202A
Sylva, NC 28779
RATIONALE FOR LOCATION OF PROPOSED
JACKSON COUNTY ADMINISTRATIVE OFFICE/
CRIMINAL JUSTICE COMPLEX
In November, 1987, Jackson County, North Carolina officials
began a preliminary investigation into potential sites for a
new Administrative Office/Criminal Justice Complex to serve
the county. Since the Criminal Justice Complex will include
two (2) courtrooms, North Carolina Law requires such
facilities to be located within the corporate limits of the
municipality serving as the county seat. The Town of Sylva
(population 1,699; 1980 census) is the county seat of Jackson
County, North Carolina. The town is situated in a valley and
is dominated by the geographic features of Kings Mountain and
Scotts Creek, a tributary of the Tuckaseigee River. The town
was founded in 1889 and has a relatively high building
density per acre within the city limits.
Jackson County developed a site selection criteria based upon
priority needs for judicial related services and administr-
ative office needs. The top priorities are adequate land
area (i.e. 5-8 acres) for a building and parking needs; ease
of access to the facility; access to public utilities; and
compatible zoning regulations.
Jackson.County's first option for a building site was located
adjacent to US 74 and Grindstaff Cove Road on a 13 acre site
belonging to the Town of Sylva. This property was purchased
utilizing urban Development Block Grant proceeds from a local
industry. Upon investigation by town officials into the
compatibility of this public useage with Federal Housing and
Urban Development officials in the Greensboro Regional
Office, useage of the property was ruled as incompatible
with federal regulations governing the program. Utilization
of these federal funds are limited to Economic Development
activities only and will not allow public uses of the land.
A second site was explored at the intersection of Grindstaff
Cove Road and Railroad Avenue on the banks of Scotts Creek.
This site is two and one half (2.5) acres and already
provides 90 parking spaces for the Sylva Merchants
Association. This site was deemed inadequate for the
county's needs based on several factors. This site would not
provide adequate land area to meet the county's demand for
parking, plus utilization would reduce existing parking in
the downtown area. Also, approximately half of the site lies
within the Scotts Creek floodplain. Finally investigation
revealed that some of the property owners were unwilling to
sell the property.
The third location to be evaluated was the 1.2 acre old Sylva
School site on US 19 near the present location of the county
courthouse. This property is owned by Jackson County and
utilized by the County Recreation Department. The old school
property was used as a local match to obtain a Land and Water
Conservation Grant in the mid 70's from the U S Department of
Interior. This grant can only be used to develop outdoor
.recreational activities and must be designated for this
purpose for perpetuity. Jackson County utilized the funding
to develop Mark Watson Park, and outdoor recreational complex
for county residents.
After eight (8) months of intensive discussions with
Representatives of the North Carolina Division of Parks,
(administrators of all L.C.W.F. lands in North Carolina) and
several thousands of dollars to complete land appraisals, the
Jackson County Commissioners removed the site from
consideration. The primary rationale for removing this site
was denial of the project by the NC Division of Parks and in
conjunction with the requirement which disallows sharing of
parking, therefore, effectively making the site acreage
inadequate. -
The county acquired one acre of land adjacent to Mark Watson.
Park for replacement purposes, (part of the proposed new
office complex site). Shortly after the public became aware
of this one (1) acre acquisition, three (3) adjacent
landowners offered six (6) additional. acres of a platted
subdivision for sale to Jackson County at a reasonable cost.
These real estate transactions were completed in March, 1989.
This seven acre site appears to be the most reasonable and
feasible site for the proposed complex, and is so proposed in
this application.
The site is bisected by Laurel Branch, a braided headwaters
tributary of Scotts Creek, a Class-C Trout Stream. The low
lying wet areas around the branch are approximately three (3)
acres of the total site. Jackson County proposes to culvert
Laurel Branch and fill the low lying areas to a depth of
approximately five (5) to eight (8) feet for siting of the
Administrative Office/Criminal Justice Complex.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 26, 1989
SUBJECT: File No. CESAW-CO89-N-050-0341
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:

Enclosed is the application of Jackson County for Department of the Army
authorization and a State Water Quality Certification to place fill material
in a segment of Laurel Branch and approximately 3 acres of adjacent wetlands
as site preparation for construction of an administrative and criminal justice
complex in Sylva, Jackson 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 August 26, 1989, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone (704)
259-0856.
Sincerely,
ha s W. 11 is
hief, Regulatory Branch
Enclosure
A
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
-2-
JACKSON COUNTY
PLANNING AND DEVELOPMENT DEPARTMENT
8 Ridgeway Street r" ( v'(--
Sylva, North Carolina 28779
Tclepho-ae 704/586-4055 1989
June 2, 1989
Mr. Charles [J. Hollis
Chief, Regulatory Branch
Department of Army
Wilmington District, Coprs of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Hollis:
REGULA-l"ORY BRANCH
Enclosed is Jackson County, North Carolina's application requesting the
necessary permits to construct a County Administration Office/Criminal
Justice Complex.
If you have any questions, please.contact mP.
Sincere ,, P,
Tom L. Massie, Director
Planning & Economic Development
TLM/gkb

Enclosures
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER C'AMA PERMIT FOR MAJOR DEVELOPMENT
Department of the Army
Department of Administration State of North Carolina
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320-329)
V
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in 4144L,-?-- t_
Jlifd i9? 4
1. Applicant Information [tr(;ly[1i11?'? [ifiAP[(%1[
A. Name County of .laclcson
Last' First Middle
B. Address 8 Ridgeway S ° e.
Street, P. O. Box or Route
704) 586-4055
S lva NC
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County •Jackson
B. 1. City, town, community or landmark Sylva, adjacent to MARK WATSON PARK
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project - -
Laurel Branch headwaters tribituary of Scotts Creek
III. Description of Project
A. I. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area 130-000 s-a- ft length 460 width ?75 n,7P depth _ G ft
4. Other Laurel Branch length 330 width 18 in depth in in
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
. 2. type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards ----- -,. 2. Type of material -'
E. Fill material to be placed below MHW (see also VI. A) (in water course only)
I Cubic yards 31 , 000 2. Type of material Cid 1 owheP So-i 1 , Ilrh n zn_ d ?omo e-x
Cowee, Evard
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes - No X
B. Does the disposal area include any marshland, swamps or other wetland:' Yes X No
C. Disposal Area
1. Location adjacent to MARK WATSON PARK, within city limits of Sylva
2. Do you claim title to disposal area? Y?Q
D. Fill material source if till is to be trucked in ON SITE
E. How will excavated material be entrapped and erosion controlled? utilize siltitation fences, rip-rap and
other mitigative measures subject to approval by NC National Resources & Community Dev.
I . I ype of equipment to be used Bull Dozers earth moving pans, back hoes
to acess fill materials
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
discharge nnd to fill
V. Intended Use of Project Area (Describe)
A. 1. Private o
Z Commercial
3. Housing Development or Industrial
4. Other pnhl;o - const,-nctwi Administrative Of Center Complex
B. I. Lot size(s) 7 acres
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures 35,000 square feet, 2 story, office/courtroom
facility complex
5. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe sewerage is adjacent to this site from the Town of Sylva
6. 'Land Classification'(circle one) DEVELOPED (TRANSITIONAL) COMMUNITY RURAL
CONSERVATION OTHER (SeeCAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No N/A
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Typeofdischarge some silt during construction, storm water runoff after completion
3. Location of discharge Laurel Branch
VII. Present rate of shoreline erosion (if known): N/A _a
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: 24 months
X. In addition to the completed application form, the: following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on S% X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
SEE ATTACHED
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
i
DATE
Applicant's Signature
Wayne Hooper, Chairman
Jackson County Board of Commissioners
06F•82 QcC
ADJOINING PROPERTY OWNERS
Ethel Buck
P.O. Box 714
St. Augestine, FL 32084
Al & Katherine Miller
105 W. Main Street
Sylva, NC 28779
John & Dorotliy Cliapman
103 W. Main Street
Sylva, NC 28779
.John B. Collins
26 Second Avenue
Sylva, NC 28779
Harold & Bonnie Dillard
Box 213
Sylvia, NC 28779
Phil Haire
P.O. Box 248
Sylva, NC 28779
William Christie
Rt. 2, Box 202A
Sylva, NC 28779
RATIONALE FOR LOCATION OF PROPOSED
JACKSON COUNTY ADMINISTRATIVE OFFICE/
CRIMINAL JUSTICE COMPLEX
In November, 1987, Jackson,County, North Carolina officials
began a preliminary investigation into potential sites for a
new Administrative Office/Criminal Justice Complex to serve
the county. Since the Criminal Justice Complex will include
two (2) courtrooms, North Carolina Law requires such
facilities to be located within the corporate limits of the
municipality serving as the county seat. The Town of Sylva
(population 1,699; 1980 census) is the county seat of Jackson
County, North Carolina. The town is situated in a valley and
is dominated by the geographic features of Kings Mountain and
Scotts Creek, a tributary of the Tuckaseigee River. The town
was founded in 1889 and has a relatively high building
density per acre within the city limits.
Jackson County developed a site selection criteria based upon
priority needs for judicial related services and administr-
ative office needs. The top priorities are adequate land
area (i.e. 5-8 acres) for a building and parking needs; ease
of access to the facility; access to public utilities; and
compatible zoning regulations.
Jackson County's first option for a building site was located
adjacent to US 74 and Grindstaff Cove Road on a 13 acre site
belonging to the Town of Sylva. This property was purchased
utilizing Urban Development Block Grant proceeds from a local
industry. Upon investigation by town officials into the
compatibility of this public useage with Federal Housing and
Urban Development officials in the Greensboro Regional
Office, useage of the property was ruled as incompatible
with- federal regulations governing the program. Utilization
UL L11e6e LedeLdl LLA11dS die ilttllted Cv Ecutlumic UevE_:iUt)liIE-Ili
activities only and will not allow public uses of the land.
A second site was explored at the intersection of Grindstaff
Cove Road and Railroad Avenue on the banks of Scotts Creek.
This site is two and one half (2.5) acres and already
provides 90 parking spaces for the Sylva Merchants
Association. This site was deemed inadequate for the
county's needs based on several factors. This site would not
provide adequate land area to meet the county's demand for
parking, plus utilization would reduce existing parking in
the downtown area. Also, approximately half of the site lies
within the Scotts Creek floodplain. Finally investigation
revealed that some of the property owners were unwilling to
sell the property.
The third location to be evaluated was the 1.2 acre old Sylva
School site on US 19 near the present location of the county
courthouse. This property is owned by Jackson County and
utilized by the County Recreation Department. The old school
property was used as a local match to obtain a Land and Water
Conservation Grant•in the mid 70's from the U S Department of
Interior. This grant can o'n.ly be used to develop outdoor
recreational activities and must be designated for this
.purpose for perpetuity. Jackson County utilized the funding
to develop Mark Watson Park, and outdoor recreational complex
for county residents.
After eight (8) months of intensive discussions with
Representatives of the North Carolina Division of Parks,
(administrators of all L..C.W.F. lands in North Carolina) and
several thousands of dollars to complete land appraisals, the
Jackson County Commissioners removed, the site from
consideration. The primary rationale for removing this site
was denial of the project by the NC Division of Parks and in
conjunction with the requirement which disallows sharing of
parking, therefore, effectively making the site acreage
inadequate.
The county acquired one acre of land adjacent to Mark Watson
Park for replacement purposes, (part of the proposed new
office complex site). Shortly after the public became aware
of this one (1). acre acquisition, three (3) adjacent
landowners offered six (6) additional acres of a platted
subdivision for sale to Jackson County at a reasonable cost.
These real estate transactions were completed in March, 1989.
This seven acre site appears to be the most reasonable and
feasible site for the proposed complex, and is so proposed in
this application.
The site is bisected by Laurel Branch, a braided headwaters
tributary of Scotts Creek, a Class-C Trout Stream. The low
lying wet areas around the branch are.approximately three (3)
acres of the total site. Jackson County proposes to culvert
Laurel Branch and fill the low lying areas to a depth of
approximately five (5) to eight.(8) feet for siting of the
Administrative Office/Criminal Justice Complex.
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G, Martin, Governor R. Paul Wilms
William W, Cobey, Jr,, Secretary April 10, 1989 Director
Mr. Tom L. Massie, Director
Jackson County Planning
and Development Department
8 Ridgeway Street
Sylva, NC 28779
Subject: Proposed Pill in
Headwaters or Isolated
Wetlands
Administrative Office/
Justice Center Complex
Jackson County
Dear Mr. Massie:
Upon review of your request for Water Quality
Certification to place fill material in wetlands adjacent to
Scotts Creek, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2176
issued November 4, 1987. A copy of the General
Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers'
Nationwide Permit No, 26.
if you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
R. Paul Wilms
RPW / dkb
Attachment
ccs Wilmington District Corps of Engineers
Wilmington Regional Office
Pollution Prevention Pays
PAC?. Box 27687, Raltigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
k
GENERAL CERTIFICATION
THIS GENERAL CERTIFICATION is issued in conformity with
the requirements of Section 401, Public Taws 92-500 and
95-217 of the United Stakes and subject to the North
Carolina Division of Environmental Management Regulations in
15NCAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas, occurring as
a result of minor road crossing fills as described in 33 CFR
330.5(a)(14) of-the Corps of Engineers' regulations. This
category of activity shall include all road crossing fills
and attendant features both temporary and permanent that
involve the discharge of less than 200 cubic yards of
material below the plane of ordinary or mean high water as
part of a single and complete crossing of a water body.
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and
95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. That all road crossings be culverted or bridged to
prevent the restriction of normal flow of the
water body as a result of the discharge;
2. Excluded from this General Certification are
discharges of fill in waters classified WS 1, II,
or III (public water supplies) and SA (shellfish
waters). This exclusion also applies to fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on a case-by-case
basis; -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4
- 2 -
4. That established erosion control practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the discharge.
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CFR 330.5 and 330.6 for nationwide permit
number 14.
Non-compliance with or violation of the conditions
herein set forth by a specific road fill project shall
result in revocation of this Certification for the project.
The Director of the North Carolina Division of
Environmental Management may require submission of a formal
application for certification for any project in this
category of activity, if it is determined that the project
is.likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
This the day of ,? .,?,•° .e? _ cr
DIVISION 0k1 ENVIibNMENT L M7 NAGEMENT
By 6',
R. Paul Wilms, Director

V

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890 JUN ? 1989
Wilmington, North Carolina 28402-1890 ,
CESAW-C089-N-050-0341 June 8, 1989
PUBLIC NOTICE
The COUNTY OF JACKSON, 8 RIDGEWAY STREET, SYLVA, NORTH CAROLINA 28779,
has applied for a Department of the Army permit TO FILL A SEGMENT OF LAUREL
BRANCH AND APPROXIMATELY 3 ACRES OF ADJACENT WETLANDS AS SITE PREPARATION FOR
CONSTRUCTION OF A NEW ADMINISTRATIVE AND CRIMINAL JUSTICE COMPLEX IN SYLVA,
JACKSON COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 31,000 cubic yards of earthen
fill material into 330 linear feet of Laurel Branch and an adjacent 3-acre
wetland area. The fill area measures 460 feet long by an average 275 feet
wide and 6 feet in depth. Dominant wetland species on the site include
brookside alder, black willow, red maple, cinnamon fern, and various sedges
and rushes. Laurel Branch is a braided tributary stream flowing into Scotts
Creek, a State designated General Trout Waters. Laurel Branch will be
diverted into twin.36-inch culverts under the proposed fill area. The purpose
of the work is to provide a building site for the Jackson County
Administrative Office and Criminal Justice Center, associated parking areas
and the perimeter road system. 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.

x
-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 detriment's. 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 sr-allies, fish and wildli?l:::i::! es,
00 azards, 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 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.

-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
July 31, 1989.
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 July 25, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., July 7,
1989, or telephone [phone].
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