19910037 Ver 1_COMPLETE FILE_19910202

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor jq Roger N. Schecter
William W. Cobey, Jr., Secretary June 17, 1991,,4 ,V Director
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
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'7 9 1_3 N1-
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID.
199101507 dated April 4, 1991 which describes a project proposal by Mr. Lee
James Pantas of Fairview. The project, involving the construction of a timber
and rock dam to create a small recreational pond, is located on a tributary of
Garren Creek, at Fairview, in Buncombe County.
Based on a coordinated agency review, the.state interposes no objection
nor offers any recommendations. For the record, the Division of Environmental
Management authorized the project under General Water Quality Certification
No. 2176.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or DEM.
Very sincerely,
Jo R. Parker, Jr.
Inlan '404 Coordinator
JRP:jr/aw `
cc: DEM--Raleigh V
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Yom-- -. _ir
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary June 12, 1991
Mr. Lee James Pantas
670 Garren Creek Road
Fairview, North Carolina 28730
Dear Mr. Pantas:
George T Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Proposed pond
Buncombe County
Upon review of your request for Water Quality Certification
to place fill material in 60 linear feet of stream channel for
pond creation, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
lfft4??L
0-
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Division of Coastal Management, Raleigh
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Natural Resources and Community
512 North Salisbury Street • Raleigh, North Carolina
James G. Martin, Governor
April 9, 1991
Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr-. Everett:

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ant
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4?ti11ian
The attached U. S. Army Corps of Engineers Public Notice No. 1507 dated
4/4/91 describing a project proposed by Mr. JameSFTZ t S
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 5/3/91
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
A-Q4- W0+ This office snp7urts t epoject proposal.
No comment.
_ Signed
4L
Date (,/ / /
Agency W
JRP: j r/aw
P.O. Box )7687 Raleioh North Carolina 27611-7687 Telenhnne 919-72A-4QR4
4
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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 Wil ian W. ?
April 9, 1991 y, Jr., Se=etary
Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr_. Everett :
The attached U. S. Army Corps of Engineers Public Notice No, 1507 dated
4/4/91 describing a project proposed by Mr. James- -a ft'as
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 5/3/91
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on t Pis project are attached.
""-
This office ss tect proposal.
----__No comment.
Signed 9RDiry
Date _lf /gJ
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
.t
4
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101507
April 4, 1991
PUBLIC NOTICE
MR. LEE JAMES PANTAS, 670 Garren Creek Road, Fairview, North Carolina
28730, has applied for a Department of the Army (DA) permit. TO CONSTRUCT A DAM
ACROSS A HEADWATER TRIBUTARY OF GARREN CREEK TO CREATE A RECREATIONAL POND AT
THE ABOVE ADDRESS IN Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the construction of a
15-foot wide by 5-foot high wooden dam. The dam is to be constructed of oak
beams and rock and will incorporate a spillway midway. The approximate
1400 square foot pond will impound 60 linear feet of stream channel. The
project purpose.is to provide a small recreational pond for swimming and trout
fishing. Plans showing the work are included with this public notice.
Should the permit be issued, the Tennessee Valley Authority (TVA) 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 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 archeological, scientific, prehistorical, or historical
data-may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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
t
-2-
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
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
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 DA 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 DA 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.

4
-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 29, 1991.
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 April 22, 1991, Attention: Mr. John
Dorney.
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.,
May 3, 1991, or telephone [phone].

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State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
D I V I 'S :.01,` OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Mav 24, 1991
MEMORANDUM
TO: John Dorney, Speci;;.:il Projects Supervisor
Program Ply.inin.g Unit
Through: Roy M. Davi. Rc_•gio!qa1 Supervisor:
Division of Environmental Management
Forrest R. Westall '
Regional Water Quality Supervisor / ARO
From: Max L. Haner., Envirc-nmen.tal Chem.is
Water Qual4,.ty Section / ARO
Subject: Comments and Rc!::omrtendation
for 401 Certification
Proposed ram Construction / U.T. to Garren Creek
Lee James Pantas
Buncombe County, North Carolina
The proposed project submitted by Mr. James :.ee Pantas will result in
construction of a 15 foot wido by 5 foot high wooden dam across U.T. to
Garren Creek in the Fair-?.Iew :section cf Buncombe County. Approximately
60 linear feet of stream channel will by impounded to cover an area of
approximately 1400 squarer. feet located entirely upon the Pantas
property. The project w-_l_1 provide recreational enjoyment along with
usage as a trout pond.
As result of on-site evaluz:tion. of this pro,-'%osal on May 20, 1991, the
writer concurs that mirimal. damage to the S `.ate' s environmental
resources should result `.rent -th-s construction. Plans and specifications
attached to the public notice appear to accurately describe this work.
It is recommended that a 491 certii:i.ct,tion for this project be issued.
Should you have quest on.s c w?.sh to discuss this matter in more detail,
please advise.
Interchange Building, 59 WoodHn Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199101507
April 2, 1991
S: June 3, 1991
Mr. John Dorney f ?9
Water Quality Section
Division of Environmental Management - ?,? j
North Carolina Department of Environment, API?? 31
Health and Natural Resources c s RTECE
Post Office Box 27687 r WATE? QUA iTY
Raleigh, North Carolina 27611-7687 Planning gram
Dear Mr. Dorney:
Enclosed is the application of Mr. Lee Pantas, for Department of the Army
authorization and a State Water Quality Certification to construct a dam
across a headwater tributary to Garren Creek to create a small recreational
pond in Fairview, Buncombe County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity " pur'suant to Section
404 of the Clean Water Act, and we have;determined that.a'water.quality .
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by June 3, 1991, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to David Baker, telephone (704)
259-0856.
Sincerely,
Vynae Wri t
Chief, Regulatory Branch
Enclosure
Copies 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
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890 Wilmington, North Carolina 28402-1890
Action ID. 199101507
April 4, 1991
PUBLIC NOTICE
MR. LEE JAMES PANTAS, 670 Garren Creek Road, Fairview, North Carolina
28730, has applied for a Department of the Army (DA) permit TO CONSTRUCT A DAM
ACROSS A HEADWATER TRIBUTARY OF GARREN CREEK TO CREATE A RECREATIONAL POND AT
THE ABOVE ADDRESS IN Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the construction of a
15-foot wide by 5-foot high wooden dam. The dam is to be constructed of oak
beams and rock and will incorporate a spillway midway. The approximate
1400 square foot pond will impound 60 linear feet of stream channel. The
project purpose is to provide a small recreational pond for swimming and trout
fishing. Plans showing the work are included with this public notice.
Should the, permit be issued, the Tennessee Valley Authority (TVA) will
require the permittee to employ best management practices to control erosion
and sedimentation, as necessary, to prevent adverse aquatic impacts.
Th'is application is being considered pursuant to Section'404 of_the Clean
Water Act (33 U.S.C. 1344). Any person may request, in`'writing 'with i'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 archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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