19920380 Ver 1_COMPLETE FILE_19920101

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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 27604
James G. Martin, Governor August 24, 1992 A. Freston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Bier
Mr. John Echeverri, P.E.
Engineering Division
City of Asheville
PO Box 7148
Asheville, NC 28802
Dear Mr. Echeverri:
Subject: Proposed Fill in Wetlands
Pebble Creek bank stabilization
Buncombe County
DEM Project # 92380
Upon review of your request for Water Quality Certification
to place fill material in wetlands for bank stabilization at
Pebble Creek condominiums located at Overlook Road, in Buncombe
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. This
Certification may be used in qualifying for coverage under.Corps
of Engineers' Nationwide Permit No. 13.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
? ?
4A. P.restonrbHoward, J P.E.
APH:JD /
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
R-EGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946 -64 81 919395-3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
CITY OF ASHEVILLE
ENGINEERING DIVISION
POST OFFICE BOX 7148
ASHEVILLE, NORTH CAROLINA 28802
[phone]
TO Water Quality Section
Division o Enviroranental Management
North Carolina Department of Frivirorment H ltl
an Natural Resources
P. 0. Box 27687
Ralei,gh, N. C. 27611-7687
WE ARE SENDING YOU )l Attached
? Shop drawings
? Copy of letter
LETTER OF TRANSWTTAL
DATE 7-2-92 JOB NO.
Ms. John Dorne
EPebble Creek Bank Stabilization
It rp re

WETLANDS GRUit?
? Under separate cover via-
? Prints XX Plans
the following items:
? Samples ? Specifications
? Change order ? C'pni es of iqrnnrl iratirm for 401 -Qxtifl-Qation
COPIES DATE NO. DESCRIPTION
7 7-2-92 for section 401 water gUality certification
for pebble Creel-, Bank Stabilization
1 of plans.

THESE ARE TRANSMITTED as checked below:
? For approval
'21 For your use
Id As requested
? Approved as submitted
? Approved as noted
? Returned for corrections
? For review and comment ?
? FORBIDS DUE
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
19 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS As instructed by Mr. Eric Galamh of =lr affir•Pnlease find the above mentioned
informs ion
We would certainly appreriat-P _a„)rhixlg you can do to expedite the issuance of thi c
certification, since our contractor is ready to ccrrmenre y,ioxk,
Sincerely,
John Echeverri P E -
Engineering Division
COPY TO
SIG ? ?
if enclosures are not as not , 1ndly otily us at o .
w, ..
a'. 77
DEM ID: ?D ACTION ID:'I
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVI r83
, U l
AND NATURAL RESOD l1 fr
r
P.O. BOX 29535
RALEIGH, NC 27626-05
ATTN: MR. JOHN DORNE UL 31gg2
Telephone [phone] WETUNDS GROUI'-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT ?ll ECTION
ENGINEERS. SEVEN (7) 06,PIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: CITY OF ASHEVILLE
2. OWNERS ADDRESS: P. 0. BOX 7148
Ashevi e, N.
3. OWNERS PHONE NUMBER (HOME): N/A (WORK) : 704-259-5935
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: James Ewing, P.E.
Director of Public Wor s -
P.O. Box 7148
Asheville, N. C. 2 -
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Buncombe
NEAREST TOWN OR CITY: Asheville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Pebble Creek at Pebble Creek Condominiums off of overlook Road-
6. NAME OF CLOSEST STREAM/RIVER: Pebble Creek
7. RIVER BASIN: French Broad
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [XX]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [XX]
IF YES, EXPLAIN.
10, ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A'
2/3/92

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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 June 16, 1992
Regulatory Branch
Action ID. 199202451 and Nationwide Permit No. 13 (Bank Stabilization)
City of Asheville
Engineering Division
Ahmad Madani JUN ; 1 199?
Post Office Box 7148
Asheville, North Carolina 28802
WETLANDS GROUT'
Dear Mr . Madani WATER UALITY S 2M2
Reference your application of June 3, 1992, for Department of the Army
authorization to install riprap bank stabilization along Pebble Creek off
Overlook Road in Asheville, Buncombe County, North Carolina. The proposal has
been reviewed by the NC Wildlife Resources Commission (WRC) for potential
adverse impacts to trout waters.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for bank stabilization
activities provided:
a. No material is placed in excess of the minimum needed for erosion
protection;
b. The bank stabilization activity is less than 500 feet in length;
c. The activity will not exceed an average of one cubic yard per running
foot placed along the bank below the plane of the ordinary high water mark or
the high tide line;
d. No material is placed in any special aquatic site, including wetlands;
e. No material is of the type or is placed in any location or in any
manner so as to impair surface water flow into or out of any wetlands area;
f. No material is placed in a manner that will be eroded by normal or
expected high flows; and
g. The activity is part of a single and complete project.

-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. You should contact Mr. John Dorney, North
Carolina Division of Environmental Management, [phone], to obtain the
necessary Section 401, Water Quality Certification prior to starting work.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within twelve months of the date
of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend or revoke the authorization.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
../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

State of North Carolina ?- --=
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMEN'T'AL, MANAGEMENT
WATER QUAT,TT7 SECTION
August 11, 1ng2
MF.MORAM M
TO:. John Dorney, Special Proje(-l-;, !?,>tpervisor
Program Planning Unit
Through: `J"Forrest R. Westall
Regional Water Quality St.tpet'v i f-ir)r. / ARO
From: "ax L. Haner, Environmental Chemist
Water Quality Section / ARCS 144p?
Subject: Comments and Recommendation
for 401 Certification
Permit Number 92380
Proposed Streambank Stabil_i7afion
Pebble Creek (UT to Dingle Cr^?lc)
City of Asheville, Buncombe ('-linty
Ann B. Orr
Regional Manager
The proposed project submitted by th.e city of Asheville provides for
discharge of approximately 900 tons (approximately 220 yards) of Class 1
rip rap fill material along approximately 660 feet of Pebble Creek (UT
to Dingle Creek); Class "C" Waters i„ 1-11- 1!re• nch Broad River Basin. The
project is proposed for repair and maim-lance purposes. In addition,
the City is requiring that filter fnhii- he installed under the rip rap
material. Stream flow should gener.-fl-.e w --,Lability problems caused by
using the small size rip rap material rho project appears to correspond
with DEM concerns outlined in its Ce w-vnl Certification for COE stream
bank stabilization.
As result of on-site evaluation of thi:, proposal on July 30, 1992, the
writer concurs that normal construction methods (including use of washed
rip rap material) to limit downstream r?ilt:ation and turbidity problems
should minimize damage to the State's environmental resources. It is
recommended that DEM issue concurrence iliat: the General Certification
for Nationwide Permit Number 13 applies t;o this project provided that
the Conditions of Certification are maintniiied.
Should you have questions or wish to disc°uss this matter in more detail,
plea. se adv i s elnterchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer