19900206 Ver 1_Complete File_19900101

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5TATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Marlin, Govemor George T. Everett, Ph.D.
Wtlliam W. Cobey, Jr., Secretary Director
April 23; 1990 .

Paul Flynn and Marvin Smith
10 Overlook Drive
Cullowhee, North Carolina 28723
Dear Messrs. Flynn and Smith:
subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Christmas Tree Farm
Paul Flynn and Marvin Smith
Wilson Creek
Jackson County
Attached hereto are two (2) copies of Certification No. 2453
issued to Paul Flynn and Marvin Smith dated April 23, 1990.
If we can be of further assistance, do.not hesitate to
contact us.
Sincerely,
George T. Everett
irector
Attachments
cc: Wi ington District Corps of Engineers
eville Regional Office
r. William Mills
Mr. John Parker
Polludon Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
w
NORTH CAROLINA
Jackson 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 Paul Flynn and Marvin Smith pursuant to an application filed
on the 18th day of January, 1990 to place fill/excavated material
in a wetland for expansion of a Christmas tree farm operation.
The Application provides adequate assurance that the•<
discharge of fill material into the wetlands adjacent tg Wils*
Creek in conjunction with the proposed Chfistmas tree farm
expansion in Jackson County will not result in a violation of
applicable Water Qualit Standards and discharge guidelines.
Therefore, the State of?,orth 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).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above condition is made a condition of the Federal Permit.
This the 23rd day of April, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eorge T. Everett, Director
WQC# 2453
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State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann 13. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
February 8, 1990
MEMORANDUM
TO: William Mills
THROUGH: Forrest R. W sj?
Regional Wate Supesor
r.,
FROM: William E. An erson
Environmental '.Cechni an
SUBJECT: CESAW-0090-N-050-0118 -„-:
Paul Flynn/Marvin Smith Project
Jackson County
The subject project requires a water quality certification to allow
draining approximately two and one half acres of wetlands in order to
lower the water table sufficiently to grow shrubs or Christmas trees.
The site has been used as a hay field and is presently grassed. There
are pools of surface water on the site, some of which contain frog
eggs, others contain Iron Bacteria. Ther e are some existing drain
lines on the site. The field is bordered on the west and north by the
stream, on the south by a pasture which is also a wetland area, and on
the east by the road.
Although this site does not presently appear to exhibit a significant
amount of wetlands habitat, there are fairly extensive wetland areas
adjacent to the stream near this project which have not been cleared.
Issuing certification for this project will likely result in increased
pressure to develop the other wetland areas along the streams.
This project will require increased use of chemicals in an area in
close proximity to the stream and to drainage which is flowing directly
to the stream. There will also be a greatly increased likelihood of
sedimentation in the stream from disturbing these highly erodible
soils.
Interchange Building,, 59 Woodfin Place, Asheville, N.C. 28801 • -1dephone 704-251-6208
An Equal Opportunity Affirmative Action Employer
Bill Mills
Memorandum
February 8, 1990
Page Two
In consideration of the above,, it is recommended that certification for
this project be denied.
If additional clarification is needed, please let me know.
EN of , United States Department of the Interior ¦
1?' N
.?° -- FISH AND WILDLIFE SERVICE
o Raleigh Field Office -?
Post Office Box 33726
Raleigh, North Carolina 27636-3726 p10.f w-,,jA ¦? ¦
.• J
March t',1000+
?+- MAR .: 9
Lieutenant Colonel Thomas C. Suermann-
District Engineer
U.S. Army Corps of Engineers MAR
Wilmington District
Post Office Box 1890 ¢.?? ?• nkl?
Wilmington, North Carolina 28402-1890
Dear Lieutenant Colonel Suermann:
This is the report of the U.S. Fish and Wildlife Service (Service) for the
Department of the Interior concerning the permit application by Mr. Paul
Flynn and Mr. Marvin Smith to construct a tile drain system in wetlands
adjacent to Cullowhee Creek (identified in the Public Notice as Wilson
Creek), Jackson County, North Carolina (CESAW-C090-N-050-0118). This report
is submitted in accordance with provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to
be used in your determination of 404(b)(1) compliance (40 CFR 230) and your
public interest review (33 CFR 320.4) as it relates to protection of fish
and wildlife resources. Information concerning the exact location of the
proposed project site was not provided in the Public Notice, and the Service
was unable to obtain this information from the Corps until February 20,
1990. Accordingly, upon the Service's request, Mr. Cliff Winefordner of
your office extended the Service's deadline for providing comments on this
permit application to March 2, 1990.
According to the Public Notice, the applicants are proposing to drain
2.5 acres of wetlands adjacent to Cullowhee Creek by installing
approximately 1,000 linear feet of 6-inch drain tile in a 2-foot-wide by
3-foot-deep main and lateral ditch system excavated through the wetlands.
The drain tile is proposed to be covered with a 6-inch layer of crushed
stone followed by material removed during excavation of the ditch system.
The system will drain directly into Cullowhee Creek. The purpose of the
project is to remove the wetland hydrology of the area to allow expansion of
an adjacent Christmas tree farm.
A Service biologist visited the proposed project site on February 22, 1990.
The majority of the site, which according to the Public Notice is presently
used as a hayfield, has been mowed. However, unmowed vegetation present on
a large, shallow drainage area located in the eastern portion of the project
indicates the site is currently vegetated with such emergent wetland species
as soft rush (Juncus effusus), seedbox (Ludwigia alternifolia), swamp aster
(Aster puniceus), and a variety of grasses. Numerous temporary shallow
pools were present in and around this drainway and at a few scattered
locations on the site. These inundated areas provide important spawning,
nesting, nursery, foraging, and cover habitat for a wide variety of
invertebrate, amphibian, and reptilian species, as well as foraging habitat
for a variety of avian and small mammalian species.
In addition to their habitat value, the wetlands on the project site likely
play an important role in maintaining the water quality of Cullowhee Creek
by trapping and filtering sediments and pollutants from runoff from adjacent
agricultural lands. The lower portion of Cullowhee Creek from its
confluence with Tilley Creek downstream to the Tuckasegee River is
designated as General Trout Waters by the North Carolina Wildlife Resources
Commission (Commission). Though this designation does not include the
portion of Cullowhee Creek at or immediately below the project site,
information provided by the Commission's District 9 Fisheries Biologist
indicates that Cullowhee Creek in the project area does support trout as
well as provide habitat for several other fish and wildlife species. As
proposed, the project will allow runoff from the surrounding land, likely
carrying pesticides, fertilizers, and other pollutants typically associated
with Christmas tree farms and other forms of agriculture, to drain directly
into Cullowhee Creek.
The Service considers palustrine, emergent, persistent wetlands such as
those on the project site as habitat of high to medium value to fish and
wildlife species. The Service's Mitigation Policy (Federal Register,
46(15):7644-7663, January 23, 1981) for such habitat calls for no net loss
of habitat value while minimizing loss of in-kind habitat value. In view of
this, the Service concludes that the impacts associated with this project
will result in significant adverse alteration and elimination of important
fish and wildlife resources. Further, it is the Service's belief that
authorization of this project would be contrary to the provisions of the
Environmental Protection Agency's 404(b)(1) Guidelines for Specification of
Disposal Sites for Dredged or Fill Material (Federal Register
(249):85344-85357, December 24, 1980) which prohibit wetland filling for
noni.rater-dependent activities when a practicable alternative exists. Since
the purpose of this wetland filling is nonwater-dependent, a practical
alternative is presumed by the guidelines to be available. Accordingly, in
order to effect fish and wildlife resource conservation and to fulfill the
public trust in this matter, it is the Service's recommendation that the
Corps of Engineers not issue Department of the Army authorization for this
project.
Based on our records and observations made during the Service's February 22,
1990, site inspection, there are no federally listed or proposed endangered
or threatened plant or animal species in the impact area of the project.
Therefore, the requirements of Section 7(c) of the Act are fulfilled.
However, obligations under Section 7 of the Act must be reconsidered if:
(1) new information reveals impacts of this identified action that may
affect listed species or critical habitat in a manner not previously
considered; (2) this action is subsequently modified in a manner which was
not considered in this review; or (3) a new species is listed or critical
habitat determined that may be affected by the identified action.
Although we do not have records of federally listed or proposed species
within the project vicinity, we have enclosed a list of species that are
currently under status review by the Service that may occur in the impact
area of the project. Status review species are not legally protected under
the Endangered Species Act and are not subject to any of its provisions,
including Section 7, until they are formally proposed or listed as
endangered/ threatened. We are including these species in our response for
the purpose of giving you advance notification. These species may be listed
in the future, at which time they will be protected under the Endangered
Species Act. In the meantime, we would appreciate anything you might do to
avoid impacting these species.
The Service appreciates the opportunity to provide conservation
recommendations on this project. We would be pleased to meet with you, your
staff, or the applicant to discuss our concerns. Please advise us of any
action taken by your office in this matter. The Service has assigned
Asheville Field Office Log Number 4-2-90-024 to this project. Please refer
to this number in all future correspondence directed to us concerning this
matter.
Sincerely, /
L.K. Mike Gantt
Field Supervisor
1
IN REPLY REFER TO
LOG NO. 4-2-90-024
STATUS REVIEW SPECIES
"Status Review" (SR) species are not legally protected under the Endangered
Species Act and are not subject to any of its provisions, including Section
7, until they are formally proposed or listed as endangered/threatened. We
are including these species in our response for the purpose of giving you
advance notification. These species may be listed in the future, at which
time they will be protected under the Endangered Species Act. In the
meantime, we would appreciate anything you might do to avoid impacting them.
FISHES
Olive darter - Percina squamata
PLANT'S
Short-styled oconee-bells - Shortia galacifolia
yana
Carey's saxifrage - Saxifraga care
Wolf's milk spurge - Euphorbia purpurea
Biltmore sedge - Carex biltmoreana
White leaved sunflower - Helianthus glaucophyllus
Hellbender - Cryptobranchus alleganiensis
,1
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DEPARTMENT OF THE ARMY' I, ,>
Wilmington District, Corps of Enginee
Post Office Box 1890
Wilmington, North Carolina 28402-1890 ^`?_'??rlb?t•?
CESAW-C090-N-050-0118
January 25, 1990
PUBLIC NOTICE
PAUL FLYNN and MARVIN SMITH, 10 OVERLOOK DRIVE, CULLOWHEE, NORTH CAROLINA
28723 have applied for a Department of the Army permit TO INSTALL A DRAIN TILE
SYSTEM TO CONVERT 2.5 ACRES OF WETLANDS ADJACENT TO WILSON CREEK TO A
CHRISTMAS TREE PLANTATION IN WILSON CREEK COMMUNITY, 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 installation of approximately 1000 linear feet of 6-inch
perforated drain tile in a 2-foot wide by 3-foot deep main and lateral ditch
system. The drain tile will be covered with a 6-inch layer of crushed stone.
The 260 cubic yards of material excavated from the trench by backhoe will be
replaced in the trench with the excess material being spread over the adjacent
ground. The drainage system will drain into Wilson Creek. The wetland area
contains Nickwasi and Cullowhee hydric soils and is presently used as a
hayfield. The purpose of the work is to remove the wetland hydrology from the
parcel to enable expansion of the adjacent existing tree farm. 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.
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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

-2-
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 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.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 20, 1990.

-3-
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 February 12, 1990, Attention: Mr.
William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
February 23, 1990, or telephone [phone].

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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 February 1, 1990 WiLLian W. Ccbey, Jr., Secretary
Mr. R. Paul Wilms, Director i
Water Quality Section
Division of Environmental Management y ,
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0118 dated
January 25, 1990 describing a project proposed by P. Flynn and M. Smith
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 2/20/90
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:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
STATE
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor February 1, 1990 Will:ian W Czi3e-y. Jr., 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. 10 18 dated
January 25, 1990 describing a project proposed by P. Flynn and M. Smith
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 2/20190
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:jr/aw
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-050-0118 January 25, 1990
PUBLIC NOTICE
PAUL FLYNN and MARVIN SMITH, 10 OVERLOOK DRIVE, CULLOWHEE, NORTH CAROLINA
28723 have applied for a Department of the Army permit TO INSTALL A DRAIN TILE
SYSTEM TO CONVERT 2.5 ACRES OF WETLANDS ADJACENT TO WILSON CREEK TO A
CHRISTMAS TREE PLANTATION IN WILSON CREEK COMMUNITY, 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 installation of approximately 1000 linear feet of 6-inch
perforated drain tile in a 2-foot wide by 3-foot deep main and lateral ditch
system. The drain tile will be covered with a 6-inch layer of crushed stone.
The 260 cubic yards of material excavated from the trench by backhoe will be
replaced in the trench with the excess material being spread over the adjacent
ground. The drainage system will drain into Wilson Creek. The wetland area
contains Nickwasi and Cullowhee hydric soils and is presently used as a
hayfield. The purpose of the work is to remove the wetland hydrology from the
parcel to enable expansion of the adjacent existing tree farm. 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.
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 archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
-2-
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 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.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 20, 1990.
0
A
-3-
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 February 12, 1990, Attention: Mr.
William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
February 23, 1990, 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
January 12, 1990
SUBJECT: File No. CESAW-C090-N-050-0118
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
. J
I }.,! 1.17Y ??,
?D£ZA
Enclosed is the application of Messrs. Paul Flynn and Marvin Smith for a
Department of the Army permit and a State Water Quality Certification to place
excavated/fill material in wetlands adjacent to Wilson Creek in conjunction
with a drainage project to expand a Christmas tree farm in Wilson Community,
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 March 12,
1990, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone
[phone].
Sincerely,
ne Wri t
t* 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
AIAJ - (_0 '10 - IV - U
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER OUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration Slue of North Carolina Department of the Army
IGS 146.121 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• 119 (33 CF R 209.320.329)
R--C= VIED
Please type or print and fill in all blanks. If information is tot applicable, so indicate by placing N/A in blank. JAN 0 2 1990
REGULATORY BRANCH
1. Applicant Information
A. Name Flynn, Paul Spenser and Smith, Marvin
Last First Middle
B. Address 10 Overlook Drive
Street, P. O., Box or Route
Cullowhee NC 28723 [phone]
City or Town State Zip Code Phone
11. Location of Pro Project:
A. County Json
B. 1. City, town, community or landmark Wilson Creek Community
2. Is proposed work within city limits? Yes No X
C. Creep, river, sound ur bay upon which project is located or nearest named body of water to project
Wilson Creek
Ill. Description of Project Replace existing tile system
A. 1. Maintenance of existing project X '2. New work on farmland
S. Purpose of excavation or fill
I . Access channel Iength width depth
2. Boat basin length width depth
3. Fill arcs length width depth
4. Other X length width depth Cpp att;prhprl plat
C. I. Bulkhead length NA Average distance waterward of MHW (shoreline)
. 2. Type of bulkhead construction (material) N/A
U. txcavatcd material (total for project) See attached
1. Cubic yards . Mnnn 2. Type of material Ni ckwa c i and Cu 1' 1 nwh P sn i 1 s
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment: Presently hayland
A. ues the area tube excavated include any marshland, swamps or other wetland? Yes X No
S. Dues the disposal area include any marshland, swamps or other wetland? Yes No X_
C. Disposal Area
ntrrn
1. Location 110c1 110
2. Do you claim title to disposal area?__J?S
U. Fill material source if fill is to be trucked in #F7 rriichEd stnnP. commercial source. see drawino
L. How will excavated material be entrapped and erosion controlled? Reseeded to grass and trees (Christmas
trees)
F I vac nl equipment to be used Backho and dump truck
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
D3 F•81
*ev 10119

V. Intended Use of Project Area (Describe)
' A. 1. Private Farm products, Christmas tree plantation, 2.5 Acres
2. Commercial 1i /A
3. Housing Development or Industrial N/A
4. Other N/A
e. I. Lotsi:e(s) Approximately 6.5 Acres
2. Elevation of lot (s) above mean high water Average 3 ft. above water level in stream
3. Soil type and texture Ni-kwas i and Cti 1 l nwhee - fine sandy 1 gam
4. Type of building facilities or structures None
S. Sewage disposal and/or waste water treatment A. Existing None Planned None
e. oescribe -Cgavertino havland to Christmas trees
6. 'Land Classification'(circle one) DEVELOPED RANSIIOyAL COMMUNITY RURAL
CONSERVATION THE FFarmTan (See CAMA Local Land Use Plan Synoosi
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X_
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completions' Yeses No -
2. Type of discharge Ground water from tile system
3. Location of discharge from PVC schedule 40. .4 feet above water level
VII. Present rate of shoreline erosion (if known): N/A _
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: one
Ix. Length of time required to complete projea: -1Waweele s yioathor-v%i tt i nn
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 Attached
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 orother instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for See attached
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 regtsterea or
certified mail or by publication (G.S. 113.229 (d))Enter date served
0. 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.
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity, wplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner ConsiOr -it 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-
ooment activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Signature
OAF-82
Re•. 10174 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
r .
NC-CPA-
Rev. 4-75
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
CONSERVATION PLAN MAP LEGEND
Name Paul Flynn Address 10 Overlook Drive, Cullowhee, NCzip 28123
FtELO
%3. ACRES LAND USE MAP SYMMOLS
1 6.5 Woodland Farm Boundary. . . . . . . . . . .
Field or Land Use Boundary -- - -
Field Acreaga. . . . . . . . 320 Ac.
Field Number . , . . . . Q
Private Road os®???
Public Road. . . . . . . .
i
Buildings. . . . . . . . .
O
fl
e. ?
t e.
•o
Perennial Stream . . . . . .
Intermittent Stream. . . . . . . . ?' ••? "''
Vegetative Waterway.. . .

EXISTING PLANT
ield #s, Acl
\SCS Records,

jeages, & nand uses are from
HEL = Highly Erodible Land
Fence. . . . -X-X- - i-
Terrace. . . . . . . . ?- T ;-• T i - T
Diversion. . . . . . . ---D -+-D- -D-}
Open Drain . . . . . .
Tile Drain . . . . . . o--'-" ?-
Pond . . . . . . . . . k' ?.---
Ex:avated Pond '-_
Field Border - •-? - ^-?-'
i Firtbrea... . . . . . . -F-F- --?-'
t„ •
Field or land use boundary and fletd number may be shown In ,-red. Water features may be shown In
173 - Ac.
108 - 6,5 AC.
U. S. DEPT. OF AGRICULTURE
SOIL CONSERVATION SERVICE
C PA
NC-GON -2 (10/77)
File Code CONS-14
SOIL MAP LEGEND
NAME Paul Flynn DATE 11-21-89
Soils on This Unit of Land are:
_Map Symbol Mapping Unit
43 Nikwasi, 0-2% slope
85 Cullowhee, 0-2% slope
Interpretative Interpretations of Soils
Groupings
WOODLAND
43 The Nikwasi series is poorly drained to very poorly drained soils
subject to very brief flooding. A seasonal high water table restricts
the use of equipment to dry periods during mid-summer through early
fall. Access roads or travel ways will require suitable surfacing
for year-round use.
85 The Cullowhee soils are generally loamy with a perched water table,
1 to 2 feet below the surface. Use of tile drains to lower water
table will be necessary to grow trees.
usda-scs
scs=cons-68
COOPERATOR: Paul Flynn
ASSISTED BY: Arthur Wade
DATE: 12/20/89
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
(Field 1 Planned I Applied I Land Use 1
1 No. I Amount I Year I Amount 1 Date 1 And Treatment 1
I i I I 1 I 1
Christmas Tree/Shrubbery
1 6.5 90 Convert existing hay field to
christmas trees or shrubbery.
See "Tree Planting Pasture
Conversion To Trees".
Subsurface Drainage
1 1000' 90 Install tile system as
designed by SCS staff. See
design.
Brush Control
1 6.5 91 Mow weeds and grass to help
control competition with
Christmas trees or shrubbery
plants.
U.S. DEPARTMENT OF AGRICULTURE
Soil Conservation Service
Tree species to plant
Spacing
# Per Acre
Information Sheet
TREE PLANTING REFORESTATION
Roots must be kept moist until trees are in ground.
Wet moss, burlap, or thick muddy water in a bucket
will protect the roots. It is important not to
permit roots to dry out. Loblolly pine top length
should be no more than 14". Root system no less than
5" nor more than 7". Root collar of loblolly pine
should be at least 1/8" in diameter. White pine and
longleaf pine at least 1/4".
HANDLING SEEDUN
IN
-- FIELD
-r
Correct Incorrect
In bucket with sufficient In hand -rootsdry out.
water to cover mmets
Store bundles in a cool, shaded location where they
will not freeze. Use wooden strips to permit air
circulation between bundles. Be sure to read
instructions on packing bundle.
HEELING
\\
I.0I9 V.shoped trench in a
moist sh dddy? place.
3. Fill in loose salt and water
well.
IN
2. Break bundles and apead
out eve Y.
4.Complete filling in call and
firm with fast.
Applications for Forest Tree Seedlings
NC-ECS-117
March 1982
CORRECT AND INCORRECT DEPTHS
.4 1?tA
a 9- ---
Correct hroorreet Incorrect
At soon depth or Too despand roots Too shallow and
ltideeper theasoo& bent. roots exposed.
Ilia p ew M arrsery _
8A
.. n
I. Insert bard angle
shown and push
l-W
forwIpAoiltn.
right4.PWI handle of bar
toward planter
firming so$at bot.
tom of roc
1•. _ ti i^
T. Push forward then
pull backward fig-
Ing hole.
kR PLANTING
PlaMin
2.1temove bar and
plats uedling at
correct depth.
5. Push handled bar
forward from pkint.
or firming soil at
top or roots.
ti
&FIN in last hole
by stomping with
heel.
1Bar or Dibble
ifi
toward planter
from seedling.
6.Insert bar9ineMs
from last hole.
I A?
9.Firm soil around
seedling with the
fast.
ATTOCK PLANTING
2.Ploce seeding along \
strwgd side at
I.Insert mat tock- correct depth \ 3.FlN in an pack
Ilfthandle apoli i soil to bottom
of roots.
4.Finhh filling In 5. FirM around
soil and f Irm se W
qjejlth
with noel. tie
Applications may be secured from the Director, Division of Forest Resources, Raleigh, N.C. or the
nearest District Forester, County Forester, County Forest Ranger, County Extension Service, or Soil
Conservation Office. Applications will be filled in the order received. Send applications for
Forest Tree Seedlings to Director, Division of Forest Resources, P. 0. Box 27687, Raleigh, N. C. 27611.
Applications may be submitted after October 1 each year. ORDER EARLY TO BE ASSURED OF RECEIVING SPECIES
DESIRED. Applications must be received at the Office of the Division of Forest Resources at east four
weer ks before shipment is desired if applicant's delivery date is to be met. Shipping will start from the
State Nurseries December 1 each year, weather permitting. Hardwood species are sold only in units of
100. All other species are sold only in units of 1,000.

CONSERVATION APPLICATION
AND AGREEMENT
Between
Soil and Water Conservation District.
SOIL AND WATER CONSERVATION DISTRICT
And
(OWN[w O O?twAT0111 1A00wt1l/ l...... 1Atwtsl
NUMMtRI
I request help from my Soil and Water Conservation District in solving soil
and water conservation problems on my land. I recognize that land is a basic re-
source in producing food and fiber and I want to do what I can to care for and pro-
tect it. To the best of my abilities I will plan, install and maintain conservation
practices and systems to protect my land from erosion and prevent water pollution.
We, the Supervisors of the District, will provide technical assistance, materials
and supplies as available to help plan, install and maintain the needed soil and water
conservation measures.
It is mutually agreed that (1) this is a voluntary agreement to work together to
protect valuable natural resources, (2) final decisions regarding use of the land are
the responsibility of the landowner or operator, (3) neither the District, its repre-
sentatives, nor the owner or operator will be liable for any damage to the other's
property or personal injury resulting from the planning or carrying out of a soil and
water conservation program, unless caused by negligence or misconduct. This agreement
will remain in effect unless terminated by change of ownership or operator or by either
party ifying th/tither.
OWNER 014 OPERATOR) (DATE)
BY 7-,
supaRvlso (DATE).
Aerial Photo No. SC; cL t I'?'1a4 7557
N. C. Road Number 11'-5 7
Telephone Number 9 3 - 90A LlP
Servicing Croup ...V,
County

State Soil b Water Conservation Commission
P. 0. Box 27687, Raleigh, N. C. 27611
Form 321
Issued 9-74
Revised 2-84
U.S. DF_PAP I'Mfi N 1 OI' AGRICULTURE 5CS -CPA 116
501LCof SLRVATIOMSLIMCE 2 -81
CONSERVATION PLAN MAP
C
Owner c? U I?' v ?? ?? Operator
q _8
tiw County J--I9 L K5 U State N C Date 12-1
Approximate acres 6,5 Approximate scale
-7-6 SDN Conservation District
Cooperating with
" Plan identification Photo number 19SC 3
ation Service
RRTNug WI)DO DA Soil Conserv
Assisted by U$
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t.
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%
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'R a p 1 r ? k? P'?1,??`? vo- ay b ?MM
",?., !??$n4 «. p ? Nk "t` i>•r4 ?, r fi=t •A.
?,. ', x y }dv,-. ,epy, '!?4? a 1 r?•+,.,. : C J: g'?,'?
l,4 ??, ti's -4
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FW.
* r t y'4 I w y. TT Ate`f ??1 f 1j (? gyp 1. * i }k,y
r ,w:•?` ?? .d '. ? .f, \?c?ll?l. .?'f rf':?.? , , ???+ ? ??T rMti
A'il's X?Y {vF'hd ??rx.
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SCS-CPA-015
?.?,.4? , i12 • 85
C-9 (A
Owner
County IT /9 Ck.
Soil survey sheet (s) or code
~ N
Prepared by U. S. C
with

U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SOIL MAP
of Agriculture, Soil Conservation Servi
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
COOPERATING WITH
STATE AGRICULTURAL EXPERIMENT STATION
-k P ,4I49 iq «. , ;
Boa on
F
7SS6'i
? ?? T mMiF ?•'`? weJ? I f s ?'lq"v.id.t,rnlA'
APPROX. SCALE ll? = IOOOI A
USDA.SCS FORT WORTH TE11A5 : -
t?II
?I : €f

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1990
WILMINGTON. NORTH CAROLINA 28402.1990
RECE- i'o? F.D
JAN 0 2 1990
REGULATORY BRANCH
December 11, 1989
IN REPLY REFER TO
Regulatory Branch
Subject: File No. CESAW-C089-P-050
Mr. Paul Flynn
10 Overlook Drive
Cullowhee,-North Carolina 28723
Dear Mr. Flynn:
Reference your December 5, 1989, meeting with Mr. Arthur Wade of the Soil
Conservation Service, and Mr. David Baker of our Asheville Regulatory
office, regarding your proposal to drain an approximate 2.5-acre wetland area
to expand your Christmas tree farm located adjacent Wilson Creek south of
Sylva, Jackson County, North Carolina.
As Mr. Baker explained, discharges and fill activities associated with the
drainage project will require a valid permit from this office pursuant to
Section 404 of the Clean Water Act, prior to undertaking any work.
Enclosed is an application package which should be completed and returned
with appropriate plans for processing. Mr. Baker is available to assist you
with any questions which may arise in completing the application. He may be
reached in Asheville at [phone]. We appreciate the opportunity to
comment on your proposal.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copy furnished:
/ USDA Soil Conservation Service
? Arthur Wade
Room 232 Federal Building
Post Office Box 731
Bryson City, North Carolina 28713
C. b..
s-?z
File Code B11C-11
v?f?r a,. Frtr._ t i
• NIL CNLCAYIITION LCLTICC Y.L. OL?ARTRL•T OF ALRICOLTeAL "ItT• CAMOLIOA
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Landowner:
County:
Date:
Location:
TF7EE F''LARIT I P4 CB
F)'AS-rUFRE CQhIVEF;Z S I Q" TO TREES
Paul Flynn
Jackson
12/20/69
Fields #1
Remove undesirable or competing vegetation from immediate area to be
planted.
Where applicable use herbicides. Apply in strips to remove
undesirable vegetation such as grass in the area where the tree will
be planted. (When using herbicides, always follow manufacturer's
instructions on the label).
Lime and fertilize according to soil test.
Plants should be kept moist in cool storage if possible. Also, they
should be guarded against heat, wind, and cold damage.
Plant trees to a depth where the soil comes above the root collar but
not on the needles or limbs.
Plant trees on a 6x6 ft. spacing which is 1210 seedlings per acre.
Maintain the plantings by controlling competing vegetation and
insects. Lime and fertilize according to soil tests.
Designed by Arthur Wade Title SCT Datel2/20/89
Approved by GGTAl- Title SCT Date 12/20/89