19920143 Ver 1_COMPLETE FILE_19920101

1
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 20, 1992

22
APR
MEMO TO: John Dorney '
FROM: Rex Gleason
?f ?e WETLANDS GROUP ?,
WATER UALITYSECT1G?v?__,--
PREPARED BY: Michael Parkerno
SUBJECT: 401 Certification
J. Dean Weber-Bank Stabili zation
No. 92143
NW 13
Alexander County
The staff of this Office has conduc ted a review of the
subject project and offers the following comments and/or
recommendations.
1. Watershed classification: C
2. General Certification applies.
Rec ommend issuance of a 401 Water Q uality certification.
If y ou have any questions regarding this matter, please
advise.
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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 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
March 11, 1992
M KORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201200
dated March 5, 1992 describing a project proposed by Mr. J. Dean Weber, Taylor and
Murphy Construction Company 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 Aprag 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
55
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
April 23, 1992
George T. Everett, Ph.D.
Director
Mr. J. Dean Weber
Taylor and Murphy Construction Company
Post Office Box G215
Ashetille, North Carolina 28806
Dear Mr. Weber:
Subject: Proposed Fill in Waters
River Bank Stabilization
Alexander County
DEM Project # 92143, COE # 199201200
Upon review of your request for Water Quality Certification
to place fill material in waters for river bank stabilization
located at Lower River near Taylorsville in Alexander County, we
have determined that. the proposed fill can be covered by General
Water Quality Certification No. 2665 issued January 21, 1992. A
copy of the General Certification is attached.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733--1787.
Sincerely,
rge T. Everett
?I
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Division of Coastal Management
RR"10NAL OFFICES
Asheville Favetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 1)19/486-1541 704/663-1(0) 919/571-47(x) 919/946-6481 019/395-34X) 919/89()-7(1)7
Pollution Prevention Pays
1'.0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An I.qual Opp,nunity Atfirm a- Action Emplow,

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201200 March 5, 1992
PUBLIC NOTICE
MR. J. DEAN WEBER, TAYLOR AND MURPHY CONSTRUCTION COMPANY, Post Office Box
6215, Asheville, North Carolina has applied for a Department of the Army (DA)
permit TO PLACE FILL MATERIAL BELOW THE ORDINARY HIGH WATER LINE OF THE LOWER
LITTLE RIVER TO STRAIGHTEN AND STABILIZE A SECTION OF RIVER BANK SOUTH OF
TAYLORSVILLE, ALEXANDER 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 placement of a total of approximately 600 cubic yards of
broken concrete along a 200-foot-long section of the north bank of the Lower
Little River immediately upstream of the existing N.C. Highway 16 Bridge. Of
this total approximately 140 cubic yards would be placed below the ordinary
high water (OHW) line of the river. The proposed rip rap would extend a
maximum distance of 10 feet beyond OHW. The shoreline is irregular and there
are small clumps of wetland vegetation along the shoreline that would be
eliminated by the work. The rip rap material would be obtained from the
scheduled demolition of the N.C. Highway 16 bridge. The purpose of the work
is to stabilize and straighten the shoreline, provide additional space for
equipment storage and provide abutment protection for the new highway bridge
currently under construction. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
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.

-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, 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
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

-3-
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, DEM,
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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after March 28, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the DEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before March 23,
1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
April 6, 1992, or telephone [phone].

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199201200
February 28, 1992
Mr. John Dorney
.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. Dorney:
Enclosed is the application of Mr. J. Dean Weber, Taylor & Murphy
Construction Company, for Department of the Army authorization and a State
Water Quality Certification to place broken concrete fill material below the
ordinary high water line of the Lower Little River to straighten and stabilize
a section on bank south of Taylorsville, Alexander County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore., if you have not acted on the request by April 28, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, telephone
[phone].
Sincerely,
tne 6writ
Chief, Regulatory Branch
Enclosure
S:. April 28, 1992
v
-2-
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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A PEFCATIOl'"FaEt dEP?IiF?ME
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"'PubliG.reportNtg burden.(oa.thiscollectiortOfainf0rrrletion.ism,b?atrearep.6rs?.potuaa#anreepo?erJo?tf?eaateyoe?lk?tllp:??t?w?p•
ddir¢"edakgnd tinE? [eWiehMf?Et ? ,.
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Applications for larger or more campleti projects, or tftoae: ai etiologically ensitnre_mom wa two b vm- Sendconanenti Otis burdert..estimate or arty
outer aspect of this cdlection.of information, including suggestions for reducing; this btuden: low * shrgtat Headquarte?s.Servicea, Directorate for Information
Operations and Reports. ,12115 Jefferson Davis Highway. Suite 1204?,Arlinglon,, VA 2220;Z-4302;, and to the Office, of-information and;Heyulalory Affairs Office
..
of Martagertent and Bl,ldget, Wasftington, DC 20503. -
The Department of the Amry permit program is authorized by Section-10 of the. Rivers and Harbors Act of B", Section 404,of the Cleary WalW,,o caand ,_;?....
Section lo3 of dw.. Marine,..Protecdon,,.Research and Sanctuaries Act :'Theaelaws require pernuts authodii0li actnnttes in oc ailecUrtg rtavgatlte watttra•of-the
United' States; the discharge of dredged or fill material into waters of the United States, and'the transportation of dredged, maleriall for the purpose of dumping: it.
into oc can 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 voluntary however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is rat 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.. _._... ..__... ,, _ ..
p 1!
t. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS , AND TITLE OF'AUTHORIZED AGENT
TZECEIVED

-JAN Q 3,1932
Telephone no. during business hours:.

2. NAME AND ADDRESS OF APPLICANT
Tc )0rr? /P4v/-/0HY Go-Sr.
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NC ) REG:? €?.,?1 ?
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p: 0. `$ v x 6,2)5 Statement of Authorization: I hereby designate and authorize
fFs r •'e tI r I' e L ?• f to act in my
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it
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Telephone no. during buaKress tsars ca
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behalf as my agent in the process
furnish. upon request supplemental information in support'of the application.
A/C f )> (Residence) SIGNATURE OF APPLICANT DATE
AIC (7o'4) ' (o (07- X152(0 (office)
....... _......
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a:. ACTIVITY

Qe?ro?e GOnGre--re b, 3C n„ NC. 14P
?? G/ -=?:ll G(on5 5 iJc f?x%5Y'i.rc SlruFe-l;? g _.
first KE. 6A

4b. PURPOSE
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To
rp
p /-,)Ip t y ex PC, !S O 'n
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
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5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
7'O G, ,, NeS??r• iQL)rP7-5
!Zt-. Box 12-5
e N L 2t3G 6 1 P? r ux ,p
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8. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
c? ot-je- r L-% rile /2, vex ?,e?r /!^;!lers?;
b 1 A d1
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
)2 y-. # t3 12-5
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
14 lexe-,der A!(,-COUNTY STATE ZIP CODE
TO,', 04 T6 or 6.v,- /l e.
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? ? YES 1K NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
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
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify 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, complete, and accurate. 1 further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
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 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 jurisdiction of any department or agency of The United States
knowingly and willfully falsities, conceals, or rovers 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.
tReverse of ENO FORM 1945)
It; GtP/FRN1AFNr %HxfINR (V;N'F ^ao fl.sut.'ist

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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 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
March 11, 1992
L
MEMORANDUM 3 ;
T0: Dr. George T. Everett, Director 4ldT--° t..
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201200
dated March 5, 1992 describing a project proposed by Mr. J. Dean Weber, Taylor and
Murphy Construction Company 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 April 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office bmp:rer the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date ` P.O. Box:27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fnual nnnnrnmirv Affirmative Action Emolover

0 North Carolina Wildlife sources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: April 6, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199201200, a request for a permit
by Mr. J. Dean Weber to place fill material below the ordinary high water line of
the lower Little River to straighten and stabilize a section of river bank south of
Taylorsville, Alexander County
The North Carolina Wildlife Resources Commission (NCWRC) has. reviewed the
information provided by the U.S. Army Corps of Engineers, and biological field staff are familiar
with the project site. These comments are provided in accordance with provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d.).
Mr. J. Dean Weber, representing Taylor and Murphy Construction Company, proposes to
place approximately 600 cubic yards of broken concrete along a 200-foot long section of the north
bank of the lower Little River immediately upstream of the existing NC 16 bridge. Of this total,
approximately 140 cubic yards would be placed below the ordinary high water (OHW) line of the
river. The proposed rip rap would extend a maximum distance of 10 feet beyond OHW. The
shoreline is irregular, and there are small clumps of wetland vegetation along the shoreline that
would be eliminated by the work. The rip rap material would be obtained from the scheduled
demolition of the NC 16 bridge. The purpose of the work is to stabilize and straighten the
shoreline, provide additional space for equipment storage and provide abutment protection for
the new highway bridge currently under construction.
The project area is highly disturbed, and this project should have minimal adverse impacts
on fisheries resources of the
Little. River. Therefore, the NCWRC does not object to the issuance of this permit.
Thank you for the opportunity to review and comment on this project. If we can be of
further assistance, please advise.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, District 7 Wildlife Biologist
Mr. John Dorney, DEM
Mr. Allen Ratzlaff, USFWS, Asheville
Mr. Steve Lund, USACOE