19900034 Ver 1_COMPLETE FILE_19900101

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• ?AM ?o ho
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
June 8, 1990
Mr. M. R. Whitmire
50 Keystone Drive
Asheville, NC 28806
Dear Mr. Whitmire:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Fill for Culvert
Mr. M. R. Whitmire
Smith Mill Creek
Buncombe County
Attached hereto are two (2) copies of Certification No. 2473
issued to Mr. M. R. Whitmire dated June 8, 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
George T. Everett
irector
Attachments
cc: Wilmington District Corps of Engineers
heville Regional Office
r. William Mills
Mr. John Parker
Polludw Prevendw Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mr. M. R. Whitmire pursuant to an application filed on the 4th
day of April, 1990 to allow the fill in Smith Mill Creek in
conjunction with a culvert.
The Application provides adequate assurance that the
discharge of fill material into the waters of Smith Mill Creek in
conjunction with the culvert installation 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).
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 8th day of June, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eorge T. verett, Director
WQC# 2473
STATE
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State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIR014MENTAL MANAGEMENT
WATER QUALITY SECTION
May 4, 1990
MEMORANDUM
TO: Bill Mills
Program Planning Unit
THROUGH: Forrest R
Westall 9 In
.
Regional Water Quality Supervisor 0h k
^? 1c3g0
FROM: Max L. Haner ?K? Mph
Environmental Chemi_ st

SUBJECT: 401 Certification Comments 19
Mr. M.R. Whitmire's Smith Mill Creek Pro j lcy
near Druid Drive in Asheville, N.C.
Buncombe County
Public Notice for subject after-the-fact project has been
reviewed and an on-site evaluation was conducted 5/2/90. The project
consisted of installation of a 140 foot long, 6 foot diameter
corrugated culvert in Smith Mill Creek with backf_ill of approximately
220 yards of earthen material. The southern end of the culvert
connected to a previously existing culvert. The project was done to
allow vehicular access and parking to Mr. Whitmire's commercial.
property. The review indicated that the water quality impact as
result of this construction was negligible. It is recommended that
State certification for the pr_ojec.,t be issued.
Please contact me if there is a need for additional information.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-011-0251
PUBLIC NOTICE
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April 5, 199.0
Mr. M. R. WHITMIRE, 50 Keystone Drive, Asheville, North Carolina 28806
has applied for a Department of the Army after-the-fact permit TO PLACE FILL
MATERIAL BELOW THE NORMAL HIGH WATER (NHW) ELEVATION CONTOUR OF SMITH MILL
CREEK IN ASSOCIATION WITH THE INSTALLATION OF A CORRUGATED METAL PIPE ADJACENT
TO DRUID DRIVE OFF LEICESTER HIGHWAY IN ASHEVILLE, Buncombe County, North
Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show a 140-foot-long extension of a 6-foot-diameter corrugated
metal culvert in Smith Mill Creek. Once the creek channel is shaped and the
culvert installed, approximately 220 cubic yards of earthen material are to be
used to backfill the pipe. The applicant proposes to control erosion on the
work site by seeding and mulching. The purpose of the project is to allow
vehicular access to commercial property and to provide a parking area. The
filled area may eventually be paved. 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 gertificate as required by PL 92-500.
Should the permit be issued, the Tennessee Valley Authority will require
the permittee to employ best management practices to control erosion and
sedimentation, as necessary, to prevent adverse aquatic impacts.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, 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 (DOA)
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 DOA permit
serve 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

-3-
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
May 31, 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 May 25, 1990, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Robert Johnson, until 4:15 p.m.,
May 7, 1990, or telephone [phone].
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APR 02 "90 10:2'Z ':0E-ASHE'':%ILLE
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704-232-1966
TO,. Attn: Mr. Bob Johnson
U.S. Army Corps of Engineers
Regulatory Field Office
37 Battery Park Avenue
Room 75
Asheville, N.C. 28801
WE ARE SENDING YOU ? Attached
? Shop drawings
? Copy of letter
J
? Under separate cover via the following items:
? Prints ? Plans ? Samples ? Specifications
? Change order CZ Application and Cross Section
COPIES DATE NO. DESCRIPTION
Application

1 1
3-16-90 s
Section
Cross

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 19
REMARKS
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RJE T lJ E 2 OII }? lJ T?? [i=?1 R S E 0 ll ? ?[?.? L?
Marc 16 1990
ATTENTION
Mr. Bob Johnson
RE,
Smith it Creek Property
Mr. R.M. Whitmire

I7 Resubmit 1 copies for approval
? Submit copies for distribution
? Return corrected prints
? PRINTS RETURNED AFTER LOAN TO US
COPY TO
PRODUCT 2463 AIM@ W Gfolm Mass 01471 To Ordv PHONE TOLL FREE 1 •800-2256380
SIGNED:
ath P. D bsbn 1".E.
l9enclosur?s are not as noted. kindly notify us at once
A
NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC, WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
1) Wayne Enterprises, Inc.
10 New Leicester Highway
Asheville, N.C.
2) Druid Drive
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Smith Mill Creek
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
On Druid Dr ve off Leicester Highway
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Rnnc-nmhe County N 28806
COUNTY STATE ZIP CODE
_kV of Asheville
LOCAL`GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? J] YES ? NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
The owner was not aware of the Corps of Engineers permit requirment. The existing
culvert was completed in September of 1989.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
N/A
10. Application is hereby made for a permit or permits to authorize the activities described herein. I cattily that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, completo, and accurate. I further certify that I possess the authority to
undertake the proposed activities of I am acting as the duly authorized agent of the applicant.
4SINAT11URE OF APPLICANT DATE SIGNATURE OF AGENT D E
Mr. Melvin Whitmire, Applicant Mr. Melvin Whitmire
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent it the statement in block 3 has been tilled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United Slates
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
,r APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1992
i uUliC repurting oumen for MIS coilecaioil of intorrnaion is estimates to average 5 vows Ix;r rubpunw lui mu nwlunty ul wsc s, inciuuiny inu Uinu lur iuvwwuty
searching existing data sources, gathering and maintaining the data needed, and completing and.wV44"Wlg the collection of Information.
instructions
,
Applications for larger or more complex projects, or those in ecologically sensitive areas, will take Ignger. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Washington E9DeMVandiS ?ServiCDS, Directorate for Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202.4302; and to the OfriZ`e of ?rlfdrrtialian 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 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authori4figactivibes,in ocaffecfing navigable waters of the
the discharge of dredged or fill material into waters of the United Stales, and the lransportad6ln4 4669ed r-PAianall.-W the purpose of dumping it
United Slates
,
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 public notice. Disclosure of the information requested is voiuriiary; however -I 0[Muested are ne*sary in order to
communicate with the applicant and to evaluate the permit application. If necessary information isYrtot provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location 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 location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (ro be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
Mr. M.R. Whitmire
50 Keystone Drive
Asheville, N.C. 28806
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT A'C 404 ? 25R-???? (Residence)
Mr. M.R. Whitmire A/C ( ) (office)
50 Keystone Drive
Asheville, N.C. 28806 Statement of Authorization: I hereby designate and authorize
Dobson Engineering & Assoc. , P.A. to act in my
behalf as my agent in the processing of this permit application and to
Telephone no. during business hours furnish, upon request, supplemental information in support of the application.
A/C (704 > '259_0067 (Residence) SIGNATURE OF APPL DATE
A/C ( ) (office) -- 13 -//a 176
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Six foot culvert is proposed to be installed in Smith Mill Creek as shown on plans.
4b. PURPOSE
To us the 6' corrugated metal culvert that was constructed adjacent to Druid Drive
and extend it with a culvert of the same size to accomodate the area so it may be
used for parking space.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
Approximately 220 cubic yards of fill material.
ENG FORM 4345, Aug 139 EDITION OF APR 88 IS OBSOLETE. tr.uyu....... w?..

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 3, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C090-N-011-0251
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:
Enclosed is the application of Mr. M. R. Whitmire for a Department of the
Army permit and a State Water Quality Certification to place fill material in
Smith Mill Creek adjacent to Druid Drive off Leicester Highway in Asheville,
Buncombe County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by June 2,
1990, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Bob Johnson, telephone (704)
259-0855.
Sincerely,
tine It
ht
Acting Chief, 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