19900032 Ver 1_COMPLETE FILE_19900101

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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. Martin, Govemor
William W. Cobey, Jr., Secretary
July 27, 1990
Mr. W. H. Mull, P. E.
Metropolitan Sewerage District of Buncombe County
P. O. Box 8969
Asheville, North Carolina 28814
Dear Mr. Mull:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Fish Habitat Enhancement Structures
Metropolitan Sewerage District of Buncombe County
French Broad River
Buncombe County
Attached hereto are two (2) copies of Certification No. 2494
issued to the Metropolitan Sewerage District of Buncombe County
dated July 27, 1990.
If we can be of further assistance, do not hesitate to
contact us.a
Sincerely,
+?George T. Everett
Director
Attachments
cc: Wil ington District Corps of Engineers
A eville Regional Office
r. William Mills
Mr. John Parker
Polludon Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
NORTH CAROLINA
Buncombe County
CERTIFICATION r
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 the Metropolitan Sewerage District of Buncombe County pursuant
to an application filed on the 18th day of June, 1990 to
construct three fish habitat enhancement structures in French
Broad River.
The Application provides adequate assurance that the
discharge of fill material into the waters of French Broad River
in conjunction with the proposed fish habitat enhancement
structures 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 Class 2 rip-rap material be placed on the
wetside of the cofferdam to prevent washing and
sediment addition to the river.
3. The height of the cofferdam shall extend a minimum
of two feet above the anticipated water level.
4. Should additional road construction be necessary,
that part of the construction below the established
high water level shall be of washed stone material
to minimize downstream sediment and turbidity
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 27th day of July, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
jeorge T. Everett, Director
WQC#k 2494
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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
DIVISTON OF' ENVIRONMENTAL MANAGEMENT
WATER QUALTTY SECTTON
July 18, 1990 'Co e>
MEMORANDUM ?J
4
A Af
TO: Bill Mills
Program Planning Uni
THROUGH: Forrest R. Westal-1
Regional Water. Qual.i.ty Supervisor
FROM: Max L. Haner_
Environmental Chemist ?AL AW
SUBJECT: 401 Certification Comments
Construction of Fish Habitat; Enhancement
Structures, Temporary Coffer Dam and Roadway
Access in. French Broad River
Metropolitan Sewerage District of
Buncombe Countv
Public Notice for subject project has been reviewed and the
following comments/recommendations are offered. This project will
provide fish habitats in the French Broad River to consist of three
separate gabi.on enhancement structures measuring 1.25 ft, 85 ft, and
175 ft to extend from the west bank of the river. Construction of
this project on this side of the river and downstream of the dam/
entrance to the appl.i.cant's (Metropolitan Sewerage District of
Buncombe County) hydroelectric plant intake flume will essentially be
in a dewatered area of the river due to full- operation of this flume
line/hydroelectric plant; and anticipated seasonal low flow conditions.
Should a high wager. -level be anticipated as a problem, a temporary
cofferdam consisting of approxi-matply 1500 cubic yards of fill
material will be constructed in the river. Recommendations are that
Class 2 rip--rap be placed on the wet side of the cofferdam to prevent
washing and sediment addition to the ri.vei:- Also, the height of the
cofferdam should extend a minimum of 2 ft above the anticipated water_
level. The temporary access road. to t.hi- project is an already
existing area adjacent to the river with only minor modifications/
Interchange Building, 59 W>odfin Place, Asheville, N.(.. 28801 • iclephone 704-251-0208
An Equal Opporhmity Affirmative Action Employer
Page 2
July 18, 1990
Bill Mills
repairs needed for use as a road. If any additional road construction
is required, that part of the construction below the the established
high water level should be, of washed stoi)e material. to minimize
downstream sediment and turbidity problems,
The project is a necessary to provide fish :habitats in the French
Broad River. Construction of these habitats is a condition placed upon
MSD by US Fish & Wildlife and NC Wildlife Resources Commission
relative to use of the hydroelectric plant and related minimum
releases from the dam during low flow conditions. It is recommended
that this Division issue a certification for this project.
Please contact me if there is a need for additional information.
r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-011-0351 June 14, 1990
15 DAY
PUBLIC NOTICE
THE METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, REPRESENTED BY
MR. W. H. MULL, P.E., Post Office Box 8969, Asheville, North Carolina 28814,
has applied for a Department of the Army permit TO CONSTRUCT THREE FISH
HABITAT ENHANCEMENT STRUCTURES IN THE FRENCH BROAD RIVER JUST ABOVE RIVERMILE
142, DOWNSTREAM OF THE CRAGGY DAM, WOODFIN, Buncombe 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 construction of three gabion enhancement structures
measuring 125 feet, 85 feet, and 175 feet, extending out from the west bank of
the French Broad River. The structures will consist of 3-foot by 3-foot by
6-foot wire baskets filled with 6-to 8-inch stone and secured together with
wire. Three inch ballast stone will be used as a leveling course under the
baskets. Rebar will be placed through the structures and into drilled rock
substrate to anchor the gabions. The tops of the structures will be at the
approximate minimum high water level with high flow events flowing over them.
Construction in the river is expected to take 30 days and is to accomplished
during low flow periods, during which time all river flow is to be diverted
through the adjacent hydroelectric flume. In the event of excessively high
flows, construction of a temporary earthen cofferdam will be required to
dewater the area. Approximately 1,500 cubic yards of fill would be placed and
then totally removed upon completion. The purpose of the work is to enhance
the habitat of the redbrested sunfish. The proposal has been developed and
agreed to by the US Fish and Wildife Service and the NC Wildlife Resources
Commission as mitigation for potential habitat deficits associated with
hydroelectric power generation by the Metropolitan Sewerage District. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
-2-
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
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.
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
Y -3-

to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity
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
August 6, 1990.
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 29, 1990, Attn: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attn: Mr. David Baker, until 4:15 p.m., June 29,
1990, or telephone [phone].

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FISH HABITAT
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JUN 1 ? 9 )
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-011-0351
June 14, 1990
15 DAY
PUBLIC NOTICE
THE METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, REPRESENTED BY
MR. W. H. MULL, P.E., Post Office Box 8969, Asheville, North Carolina 28814,
has applied for a Department of the Army permit TO CONSTRUCT THREE FISH
HABITAT ENHANCEMENT STRUCTURES IN THE FRENCH BROAD RIVER JUST ABOVE RIVERMILE
142, DOWNSTREAM OF THE CRAGGY DAM, WOODFIN, Buncombe 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 construction of three gabion enhancement structures
measuring 125 feet, 85 feet, and 175 feet, extending out from the west bank of
the French Broad River. The structures will consist of 3-foot by 3-foot by
6-foot wire baskets filled with 6-to 8-inch stone and secured together with
wire. Three inch ballast stone will be used as a leveling course under the
baskets. Rebar will be placed through the structures and into drilled rock
substrate to anchor the gabions. The tops of the structures will be at the
approximate minimum high water level with high flow events flowing over them.
Construction in the river is expected to take 30 days and is to accomplished
during low flow periods, during which time all river flow is to be diverted
through the adjacent hydroelectric flume. In the event of excessively high
flows, construction of a temporary earthen cofferdam will be required to
dewater the area. Approximately 1,500 cubic yards of fill would be placed and
then totally removed upon completion. The purpose of the work is to enhance
the habitat of the redbrested sunfish. The proposal has been developed and
agreed to by the US Fish and Wildife Service and the NC Wildlife Resources
Commission as mitigation for potential habitat deficits associated with
hydroelectric power generation by the Metropolitan Sewerage District. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
w
-2-
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
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.
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers

-3-
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
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
August 6, 1990.
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 29, 1990, Attn: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attn: Mr. David Baker, until 4:15 p.m., June 29,
1990, or telephone [phone].
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P. 114
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702.0036
. (33 CPR 325) Expires 30 June 1992
Public reporting burden for dis collection of information is estimated to average 5 hours per response for the Monty of cases, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Applieationsdor larger or more complex proiects, or those in ecologically sensitive areas, wig take longer. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
Operations and Reports. 1215 Jefferson Davie Highway. Suite 1204, Arlington, VA 22202.4302; and to the Office of information and Regulatory Affairs, Office
of Management and Budget. Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1898, Section 404 of the Clears Water Act and
'
tn•or affecting navigable wafers of the
Section 103 of the Marine, Protection, Research and Sanctuaries Act These laws require permits authorizing actitities
United States, the discharge of dredged or fill material into waters of the United States, and the Iransportauon of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a oubga notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with tine applicant and to evaluate the permit application. It necessary information is not provided, the permit apphcatklrt cannot be proaesew rtor
can a. perma be issued.
One set of original drawings or good reproducible copies which show the iacauon and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the iocation of the proposed activity. An applicator
that is not completed in full wig be returned.
1, APPLICATION NUMBER Mb be esaignwi by Corps) 3. NAME, AODRESS, ANO TITLE OR AUTHORIZED AGENT
Hendon Engineering Associates, Inc.
C,V-SAN- C.6`70 - N - I 1 d ??f P. 0. Box 7623
Asheville, NC 28802
Teiewwne no, during business hours-Attexitioil . Sharon Karts

2. NAME ANO AOORESS OF APPUCANT '
(Residerwel
AIC [phone]
Ketropolitan Sewerage District of
) lolflc.)
NC(
Buncombe County
P. 0. Box 8969
statement of Aulharuation: I hereby (lUllVnate aria authoruo
Hendon Engineering Associates;, Inc .- toacr in my
Asheville, N.C. 28814 benai as toy agent in trio pre q of this permit application and to
Telephone no. (luting o"ness hours luinisn. Uilo n taquest, s i information in suoport of the application.
A/C(704) 2511-9646 (Residence)
,arc ( ) (Office) SIGNATURE OF AP Ll A c+??
RE?S
;
a DETAILED DESCRIPTION OR PROPOSED ACTIVITY JUN U 6 I
yu 1

4a. ACTIVITY
REGULA„GRY bftANCi-i
Three (3) fish habitats improvement structures approxs.mately 1,25 £t, 85 ft, att?'175 ft is3 1"th are to be
constructed. The gabion flab habitat improvement struottives are 3 ft x 3 ft X It wire baskets filled vith
6-8 Loch stone and secured together with wire. A 3 inch ballast stone will be used as a leveling course upon
which the baskets will be placed. Reber will be placed in drillsd rock substrate extending through the leveling,
course and into the rock filled gabion. The tops of the baskets will be at the approximate Level of the minimum
high. water level. There are many existing rock outcrops 14 the river which vilL protrude above the tops of the
structures. Water from high flow events will flew over the tap of the structure.
40, PURP48E The purpose of this project La to construct three (3) fish habitat improvement structures in the French Broad
River to enhance the habitat of the redbreasted sunfish. The Metropolitan Sewerage District (1110) of Bunneebe
County produces hydroelectric power with water from the French Broad River. The volume of water released
through the bypass has been under negotiatI.04 with the CAitsd States Fish and uildLife (USFWL) and the North
Carolina Wildlife Resource Commiasion (NCWRC) Agencies for some time. The USM and NCVCC Agencies have agreed
an a flow regime which would release a minimum of 275 CPS to 423 CPS in the bypass provided (.astream habitat
improvement! are made to mitigate potential habitat deficits. The Agencies have agreed to the use of three (3)
rock gabion list& habitat Lmprovement structures in the river eO property MSD owns. The Agencies will only allow
construction to take place during historic periods of low flow which are August through October. MSD needs to
hagia construction the first of August to allow low periods of no Mork due to weekends and foul weather.
Construction in the river is expected to take 30 working days.
.3t: DISCkAAGE OF DREDGED OR FILL MATFAIAL
During a 30 day construction period, it is anticipated all river flow will be diverted through the hydroelectric
flume. Hopefully, no flow will be La the bypass: construction can then take place wit:out the use of
cofferaams. to the event of excessively high !low events or additional needs for dewatering, temporary
cofferdams will be needed. The cofferdams vill be tonatrvctee of apprarimately 1500 cubic yarn of soil using
conventional heavy equipomat. aegiruiing on shore. soil fill will be pushed ahead in a finger like projection
until reaching the shore &gala. This vlll create a small lagoon which will. be devarered by pumps until the
gabion are in place. Upon completion the fill material vii: be removed by a back hue and iruzks positioned
on top of the cofferdam.
JIJN 08 '90 14:13 COE-ASHEVILLE
h'. 4/4
9 NAME AND ADORESSES OF ADJOINING PROPERTY OWNERS. LESSEES, STC, WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
John•M and Sharon C. Carter, F. 0. Box 220, Enka, N.C. 28728 (17-42-82)
Garland A: and Judie L. Cranston, 55 Balm Grove Avenue, Asheville, NC 28806 (17-43-91)
J.M. and Mary Carter, Rt. 1, Box 458, Asheville, NC 28804 (17-42-166)
6. WATERBODY AND LOCATION ON WATEABODY WHERE! ACTIVrTY EXISTS OR IS PROPOSED
French Broad River at Milemark 142, near Woodfin in Buncombe County, N.C.
7, LOCATION ON LAND WHERE ACTIVfTY EXISTS OR IS PAOPOSED
ADDRESS:
Approximately 500 feet past end of Flynn Branch Road
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Buncombe Country N.C. 28814
COUNTY STATE YIP CODE
Buncombe Country, N.C.
LOCAL GOVERNING BODY WITH JURISDICTION OVF-ASITE
8, Is any portion at the activity for which authorization is sought now com018169 ? YES M NO
tt+answer is "yes" give reasons, month and year Inc activity was completed. Indicate the axislintl work on the drawings.
9. List all approvals or certification and deniais received from otnat federal, intaistat@, state at local agencies lof any strucluies, construction, discharges or other
activities oesaribud in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF OENIAL
10. Application is hereby made fof a OWMA Of permits to authorise the activdtes oesuthed Main. I certify that I am farruliw with the miofmaildn contained in the
application, and that to the boat of my knowledge and belief such Information is true, compwto, and accurate. i further certify that t Ila, ss the authority to
undertake the proposed activities or I am acting as the duly authattt4tq agent at Ina applicant.
duAiL (L2 / ? ?6
SIGNATUA€ OP CANT D 7E SIGNATUA 0 AGENT DATE
W. H. mu v, F. E.
The aDDitcation must be signed by the person who desires to unalenake Inc proposed activity (appliCant) Or it may be signed by a duly
aurhorrred agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the lunsdiCLion of any department or agency of The United States
knowmty aria wdtftifly faisdies. OWCOWS. or Covers Up by any trick, scrlerne, or device a material fact or makes any false, ficu,ous or fraudulent
statements or repirewtations or makes or uses any false writing or document knowing Same 10 contain any false fictitious or
If utoulent statement or entry, span oe fined not more than $10,000 or rnorMorted not more than tive years, Or 00M. i
4 -
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StIFF Gage j River I Description

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?If .?.® DEPARTMENT OF THE ARMY
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e P.O. BOX 1890
1
WILMINGTON, NORTH CAROLINA 28402-1890
ii
June 14, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C090-N-011-0351
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:
JUN 1990
hi
P/an ?UAttTy
?.raF?ch
E
Enclosed is the application of the Metropolitan Sewerage District of
Buncombe County for a Department of the Army permit and a State Water Quality
Certification to place fill material in the French Broad River in conjunction
with construction of three fish enhancement structures near Woodfin, Buncombe
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by August 14,
1990, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone
[phone].
Sincerely,
ne WrtitW
hie , Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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