19920589 Ver 1_COMPLETE FILE_19920101

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•GL Paw. ?•>?
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 October 29, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
J. C. Cope
Post Office Box 5875
Asheville, North Carolina 28803
Dear Mr. Cope:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Road crossing
Buncombe County
DEM Project # 92589, COE # 1991203449
Upon review of your request for Water Quality Certification
to place fill material in less than one-third acres of wetlands
for road crossing located at US 70 and your property in Buncombe
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2732 issued May 1,
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. 14.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
resto Howard, 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
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
EMORANDUM INITIALS:
Reviewer:
O: John Dorney WQ Supv:
Planning Branch Date: $rj_
UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
,
PERMIT_YR: 92 PERMIT-NO: 0000589 COUNTY: BUNCOMBE
APPLICANT NAME: J.C. COPE
PROJECT-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE_#: 199203449 DOT_#:
RCD_FROM_CDA: APP DATE _FRM_CDA: 10/06/92
REG_OFFICE: ARO RIVER AND SUB BASIN #:
STREAM CLASS: It
STR_INDEX_NO: Ge-?b?l
WL_IMPACT?: Y
WL_REQUESTED : / 3 fJ-C? R_
HYDRO_CNECT? &N
MITIGATION?:
ITIGATION_SIZE: N ??-
C? 7a,"dlT'?//'i?/? S'cv4?z?ru?
0
WL TYPE:
WL_ACR_EST? C_y_/1
WL_SCORE(#): A,)It?-
MITIGATION_TYPE: Al 0-
IS WETLAND RATING SHEET ATTACHED?: YC-J
RECOMMENDATION (Circle One) :ISSUE)SSUE/COND DENY
COMMENTS:

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Central Files
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TT 21 1992
IMPORTANT
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Date Time
WHILE YOU WERE OUT
M C1. ?..
of
Phone
AREA CODE NUMBER EXTENSION
trL? . " !7" `el
Message 1.u t ` •`?{ F
?t
S gned
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
?v v? Printed on Recycled Paper

DEM ID: 7`601
NATIONWIDE PERMIT APPLIED FOR
ACTION ID: _
(PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORK FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
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 1990
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ONE (1) COPY OF THIS
ENGINEERS. SEVEN (7)
ENVIRONMENTAL MANAGEN,
1. OWNERS NAME:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT
NC DEPARTMENT' OF• ENVIRO
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY•
Telephone [phone]
- 61992
WE'i V4P '
r:C?U;1r
2. OWNERS ADDRESS : T. D • ??A .S?S??.? /%? 1 ??,??f/l? r Y?O
3 . OWNERS PHONE NUMBER (HOME): ?O y ??•?? (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Z y ya
NEAREST TOWN OR CITY: ^? ? /•/?vAX&i iy ale.,
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
6. NAME OF CLOSEST STREAM/RIVER:` ;? A,-V /AAWA ' /?j?Ja?
(B?///??D? lli?s.?S/.ld
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHEQ CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ J NO
9. HAVE ANY SECTION 404
PROPERTY? YES
IF YES, EXPLAIN.
PERMITS BEEN PRE}jIOUSLY REQUESTED FOR USE ON THIS
) NO (11

10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: ?!Vo dJ?
3/30/92
COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12}. ?$ RI?PTION OF PROPOSED WORK (ATTACH PLANS):
?.f??/
4t Al _ . « . i -=? _ i 4 . _ i . ? vim---+-?
13. P OSE OF PROPOSED WORK:
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT? IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. l/l og-w, A; >Lb lya t .C?o?2dS ?.YiL/d/yam
r
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES ( ) NO ( ) pAl-
RESPONSES FROM THE USFWS AND/OR-NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( ] NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY,A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. A'
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N#- E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF DISPOSAL?
7
SIGNATURE DATE

9/30/1992
STATE OF NORTH CAROLINA
DIVISION OFVENV RIRI OfW1?NTAL MMAANAGNTAL RESOURCES
512 NORTH SALISBURY ST.
RALEIGH, NORTH CAROLINA 27604
DEAR SIR:
PER YOUR INSTRUCTIONS OF 9/24/92 WE ARE ENCLOSING
APPLICATION FOR PERMIT TO PLACE A 48" ROAD TILEING IN AN
UN NAMED STREAM IN BLACK MOUNTAIN,N.C. TO WIDEN OUR PRESENT
DRIVEWAY ONTO OUR PROPERTY FROM U S HWY 70.
WE HAVE RECEIVED A PERMIT FROM THE ARMY CORPS OF
ENGINEERS FOR THIS MATTER AND WE ARE ENCLOSING COPY OF THEIR
ORDER FOR YOUR CONVIENCE.
WE WOULD APPRECIATE YOUR PROMPT ATTENTION TO THIS
MATTER THAT WE MAY PROCEED AS SOON AS POSSIBLE.
AOPE R UlY
P 0 90X 5875
704?299L 3?13.C. 28803
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t?1te of North Carolina
I )epartment of Frlvironment, Health, and Natural Resources
I )i itiirrn 4 Environmental Management
51) North ?llislnn?' Strcet 0 Raleigh, North Carolina 27604
Jan,c? ( ," 1,,i:., c ,c,vernor
?Y?illi ,n („I,< ,. • 1r, Secretary

Dear Sir or Madam:
Cworrc 'f I \."tol, HIP.
1)irector
SUBJECT; 401 WATER QUALITY CERTIFICATION
',. County, COE Project #) ?UJ
Di vision of 1?nv i ronmental Management (DEM) received a
1 / f rote, the r;r,.r.p.^ r0 Fi,rigineers (COE) stating that your
l:,ro j(?ct- qualified for a Nationwide Permit. Please be advised
t1);-1t. the. Nationwide Permit is not valid until a 401 Water Quality
Cert:.ification has been issued by the Division. General
Certifications have been issue by the Division for most of the
Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division
bofor.e the Nationwide Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill
ac't-i.vity is equal to or less than one-third (1/3) of an acre y(
not: rPgiiired to obtain written concurrence. Otherwise pl c r,
oI o t 1, , it t-a(-hc-,rl farm (except for conditions 15 and 16) at),
i ' i t i, II, I 1 (a total of seven copies) so that th,
r-t' ,,?r , t lur.•:;i: (7,m be initiated.
have' ar'V clrie.,l ions, please call me or Mr.. John Dor:?
Sincerely,
halamb
DEM Roui.onal Office
611 john R. Do.rney
Rl-(,11)Nnl OITIC[S
A.hc ill. I.??r,tcvillc Ivlrx,rcwilli R,ilcigll \\'/achington \Vilmington
7111/751-(0101 914i•180 -1541 7041003-16'Y) 919/571-47M 919/940,6181 919/395.3900
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMING f ON, NORTH CAROLINA 28402-1890
IN nFPI_V RUER TO
i ;rii l.s' ory Branch
September 10, 1992
TD. 199203449 and Nationwide Permit No. 14 (Road Crossing)
Mr.. J.C. Cope
Pont Office Box 5875
Asheville, North Carolina 28803
Dear Mr. Copes
Reference your application of August 3, 1992, for 0604rtment of the Army
arthori.zation to construct a culverted road crossing of an ltnnimad tributary
+ 1-h- Swannvusoa River in Swannanoa, Buncombe County, North Carolina. The
pr?-ject has he-en reviewed by the NC Wildlife Resources Commission (WRC) for
potential adverse impacts to trout waters.
For the purposes of the Corps of Engineers, Regulatory Program, Title 33,
Code of Federal Regulations (CFR)# Part 330.6, published in the Federal
Register on November 22# 1991, list@ nationwide permit. Adtheritation,
pursuant to Section 10 of the Rivdrd and Harbors Aot of 1090 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other spacial aquatic sites)
provideds
Tho taidth of the fill is limited to the minimum necessary for the
rI cror-r•i_n9,
111.1 placed in waters of the United States is limited to a fill, '
>+7 T u-> r rrsre than 1/3-acre. Furthermore, no more than a total of
!I r-f- of r_lse fill for the roadway can occur in special aquatic
r, W lands;
T,io -r(nni.n1 is cul.v-arted, bridged or otherwise designed to preverui.
I-' ion of, and to withstand, expected highflows and the movement:
-I, r,,l nmr3;
,i Th>r*rr:ssing, including all attendant features, both temporary and
srr:?nt, ors part of a single and complete project for crossing of a water. f
tlv? rtni_ted States; and
For fills in special. aquatic sites, including wetlands, the permi.ttor!
rn,;ii.es the District Engineer in accordance with the "Notification" general
condition.
w '
-2-
,,ark is authorized by this nationwide permit provided it is
li,hed in strict accordance with the enclosed conditions. This
?a?icr,?_de permit does not relieve you of the responsibility to obtain any
qi,i i('. State or local approval. information regarding obtaining a section
101 *'a1-nr Quality Certification may be obtained through John Dorney, Di.vi..si.on
r..E vt- ironmental Management, at [phone].
'T")ts verification will be valid for 2 years from the date of this letter
„nlnsri the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complibs with any subsequent modification of the natibnNida permit
authorization. If during the 2 yokkd, tha nationwidd pili-mit Adthdrizlltion
expires or is suspended or revoked# or i6 modifiadj such thAt tha Activity
would no longer comply with the termd and conditions of thA nationwide permit,
-,(htvitteB which have commenced (i.e., are under construction) or are under
to ^omm('nce in reliance upon the nationwide permit t4ill remain
;-ol+.orizod prnvi.ded the activity is completed within 12 months of the date of
tb,o nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-cane basis to modify,
suspend or revoke the authorization.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone],
eincdrbly,
Q. nib Wrig
Chia , Regulatory Branch
--
r < ;, , w ,d !,, i thout enclosure) s
r- „ r.•„-ney Mr. John Parker
•, Sect- ion Division of Coastal Management
11virr+nm(-viral. Maanagement North Carolina Department of
I, 'arciina Department of Environment, Health and
n? i ronmr->nt, Health and Natural Resources
Oatural FP-sources Post Office Box 27687
T( if Of.fi.rh Box 27687 Raleigh, North Carolina 27611-7687
nalei.clh, North Carolina 27611--7687
1 ? , Y
?c?h? i l? 1 °r91 3L 03'f
m.c.caa.J ?? s ? b
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_ ® North Carolina Wildlife Resources Commission- KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Robert W. Johnson, Office Manager
U.S. Army Corps of Engineers, Asheville
FROM: Dennis Stewart, Program Manager
Habitat Conservation Program AWA?U44J
DATE: August 24, 1992
SUBJECT: A 404 permit review of an application by Mr. J. C. Cope
to install a 48" culvert in an unnamed tributary to the
Swannanoa River, Buncombe County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr. J. C. Cope, and staff
field biologists on our staff are familiar with habitat values of
the project area. An onsite investigation was conducted on
August 13, 1992 for the purpose of further assessing potential
construction impacts on wildlife and fisheries resources. 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.).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
described.
We appreciate the opportunity to provide our comments
concerning this project. If we can provide further assistance,
please contact us.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist