19920229 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 B. Hunt Jr., Governor January 11, 1993 A. Preston Howard, Jr. P.E.
Jonathan B. Howes, Secretary Acting Director
Mr. Dean C. Blackwell
Route 1, Box 73
Hayesville, N.C. 28904 v
Dear Mr. Blackwell:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Tallwood, Inc.
Clay County
DEM Project # 92229
On 12 August 1992, the Division of Environmental Management
(DEM) issued written concurrence for Water Quality Certification
Number 2671 for road construction for your development.
Additional conditions were inadvertently omitted from that
concurrence. Those conditions are that 1) no fill of wetlands
for lots shall be permitted without written approval from DEM and
2) deed restrictions must be placed on the lot plats notifying
each lot owner that wetlands are present on the lot and cannot be
filled without written permission from DEM.
If you have any questions about this matter, please call Mr.
John Dorney at 919-733-1786.
Sincerely,
f
eston Howard, Jr. P.E.
1
blackwell.ltr v
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
704/251-6208 919/4861541 704/663-1699 919/571-4700 919/946.6481
Wilmington Winston-Salem
919/395.3900 919/8967007
Pollution Prevention Pays
P.O. Box 79535, Raleigh North Carolina 27626-0535 Telephone: [phone]
An Equal Opportunity Ailirmative Action Employer
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' flC E COPY
Mr. Dean C. Blackwell
Route 1, Box 73
Hayesville, N.C. 28904
Dear Mr. Blackwell:
Subject: Proposed Fill
Tallwood, Inc.
Clay County
DEM Project #
January 11, 1993
in Headwaters or Isolated Wetlands
92229
On 12 August 1992, the Division of Environmental Management
(DEM) issued written concurrence for Water Quality Certification
Number 2671 for road construction for your development.
Additional conditions were inadvertently omitted from that
concurrence. Those conditions are that 1) no fill of wetlands
for lots shall be permitted without written approval from DEM and
2) deed restrictions must be placed on the lot plats notifying
each lot owner that wetlands are present on the lot and cannot be
filled without written permission from DEM.
If you have any questions about this matter, please call Mr.
John Dorney at 919-733-1786.
Sincerely,
blackwell.ltr
A Preston Howard, Jr. P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
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IMPORTANT
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WHILE YOU WERE OUT
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TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message-"' IT 4A
Signed/
N.C. Dept. of Environment, Health, and Natural Resources

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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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary August 12, 1992 Acting Director
Mr. Dean C. Blackwell
Route 1, Box 73
Hayesville, N.C. 28904
Dear Mr. Blackwell:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Tallwood, Inc.
Clay County
DEM Project #92229
Upon review of your request for Water Quality Certification
to place fill material in 0.115 acres of wetlands for road
construction for subdivision development located at in Clay
County, we have determined that the proposed fill can be covered
by General Water Quality Certification-No. 2671 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. 26. Please be aware that DEM
prohibits discharge of treated wastewater from new single family
residences to streams classified as High Quality Waters such as
Tusquitee Creek. Therefore wastewater must be handled on site or
pumped to an existing WWTP.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
I
reston Howard, J . P.E.
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers. Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney REGIONAL OMCES
Asheville Ce4 ptkviffi?les 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
April 13, 1992
Water Quality Planning, DEM
NC Dept. Environment,Health,
and Natural Resoueces
Attentions Mr. John Dorney
our application is enclosed for Nationwide
Permit for filling less than a acre of
Wetlands at Tusquittee Landing, Hayesville,
Clay County.
David Baker, Engineer with the Corps of
Engineers visited the site on April 3 and
recommended this action.
Please contact me if there are any questions.
Thank you for your attention to this
application.
Sincerely,
Dean C. Blackwell
[phone]
cc Wilmington District Engineer
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402-1890
Attn: CESAW-CO-E
C t?
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DEM ID:
ACTI
JOINT APPLICATION FORM FOR I
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFI TI
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 4 1
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Tallwood. Inc.
2. OWNERS ADDRESS : Rt. 1. Box
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS LANDMARKS, ETC.):
Tusquittee Road, SR 1307 6 miles NE of Hayesvi e
at usquittee Landing, private airport facility .
3. OWNERS PHONE NUMBER (HOME) : X704) 389-8602(WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Dean C. Blackwell
5.
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY : Clay
NEAREST TOWN OR CITY: ayesvl e
:CT ENGINE
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
6. NAME OF CLOSEST STREAM/RIVER: Tusquittee Creek
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES r J NO [ J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [X J
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
7-8
2/3/92

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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
-FILLED: Less than 1.
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: Less than 1.
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : Construct gravel
access road through portion of Wetland to creekside and
stripside lots in Tusquittee Landing. 7or 8 lots
13. PURPOSE OF PROPOSED WORK: To gain access to otherwise unaccessible
Creekside lots.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. There is no other access route. Plan will make us
o high ground mounds wherever possible to
crossinp Wetlands.
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 [XI NO [ j
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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? (none)
HAVE YOU DONE SO? YES [ j NO [XI
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Outside the Wetland area.
OWNER'S SIGNATURE DACE
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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 ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
December 4, 1992
MEMORANDUM
TO:
THROUGH:
FROM:
John Dorney
401 Certification
Forrest R. Westalf
Water Quality Regio
Kerry S. Becker ^ YAJ
Environmental Technician
upervisor
Ann B. Orr
Regional Manager

n?G - 91?
SUBJECT: Raleigh Certification of Wetlands Project (When the
Region Recommended Denial) Tallwood, Inc.
Project Number 92229
Clay County
It is very disappointing for the Regional Staff to spend valuable
time to evaluate a wetland site when the Raleigh staff overrules our
recommendation without even the courtesy of allowing an internal
discussion to establish a final decision. The Tallwood, Inc. project
is occurring in an extended wetland site with proposals to construct
additional roads in the area in the future. The stream to which this
wetland is adjacent is trout ORW waters and based upon my observations
of the site, construction activities are disrupting more than 0.115
acres of wetland. In addition, size alone should not be the only
criteria involved in determining certification. Location and routing
of proposed roads could have a significant impact on the movement of
waters in the wetlands and/or migration of animal or plant species.
Wetlands are disappearing at a rapid rate. We are allowing small
isolated wetlands to be destroyed without really knowing what their
roles are in the scheme of things. It would have been nice if we
could have protected a sizeable wetland and with it a stream of
excellent quality. The whole objective of an ORW classification is to
provide protection of exceptional waters where an existing
classification doesn't provide adequate regulatory control. The
wetland program should reflect the EMC's derision to provide special
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
.ear'

John Dorney
Memorandum
December 4, 1992
Page Two
protection of waters with outstanding characteristics, this includes
the wetlands associated with the ORW designation.
Denying certification would have forced the developer to determine a
better solution to accessing the sites other than plowing through a
wetland. Access to the back properties could have been made by
crossing the creek via a bridge through property on the other side or
by crossing the dam below the ponds.
It is clearly an objective of this Division to require the utilization
of alternatives wherever possible to prevent degradation of high
quality waters. The antidegradation statement in our water quality
standards regulations says so. Prevention of unnecessary degradation
of exceptional waters is a major priority of the Water Quality
Program. By failing to listen to specific, on-site information, this
Agency allowed degradation that didn't have to happen. Development of
this site could still have occurred, without so much impact to the
wetland area. I am concerned and disappointed.
I would also point out that although 9 months pregnant, I drove 3
hours to Clay County to the site and tromped through the wetland in 95
degree, 90% humidity conditions all in the thought that my on-site
information would have some impact on a 401 decision. Evidently it
didn't, and that is pretty frustrating.
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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 ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
July 30, 1992
TO: John Dorney
401 Certification
THROUGH: Forrest R. Westal
Water Quality Sec i pervisor
FROM: Kerry S. Becker
Environmental Technician
SUBJECT: 401 Certification
Project 492229
Tallwood, Inc.
Clay County
3
Mike Parker and I revisited the site June 26, 1992 to determine if this
area could or does contain a bog turtle population. We could not locate
any turtles at the time of the visit, and Mike Parker was of the opinion
that conditions in the wetland were not conducive for bog turtle
habitation. However, the portion of wetland under 401 certification is
of a fairly large size ------ approximately 5-7 acres and extends beyond
Mr. Blackwell's property for some distance along Tusquitee Creek.
Several small ponds are located within the wetland and act as habitat for
various aquatic species such as salamanders and frogs and migrating water
fowl such as Canadian geese and herons, and based upon the trails of deer
tracks seen, the area is frequented by deer. Many other species of birds
such as sparrows, red shouldered blackbirds, mocking birds, finches, etc.
were also noted. While the portion of the wetland closest to the air
strip is still recovering from past mining operations, that recovery
should be complete within the next 1.0 years.
I talked with George Bowers of the Clay County Health Department
regarding the feasibility of installing conventional septic tank systems
for these proposed home sites. Based upon my discussions with him, the
proposed home sites are not suitable for on site disposal and would
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
Ann B. Orr
Regional Manager
An Equal Opportunity Affirmative Action Employer

John Dorney
July 30, 1992
Page Two
require the construction of common connection lines with disposal on
property either across Tusquittee Creek or across the air strip next to
the main road. If the health dept. should refuse to certify any on site
disposal system, the only recourse Mr. Blackwell would have would be to
apply for a NPDES permit for a single family discharge. This portion of
Tusquittee Creek is classified C Trout HQW. The HQW classification
prohibits discharges from new single family residences.
Mr. Blackwell stated during my initial investigation June 2, 1992, that
he planned on extending the roads in the wetland area at a later date.
Construction of the roads and homes in the area (despite the presence of
neighborhood bylaws) would disrupt the wetland. This is a nice wetland
and should be protected from development. I believe this area over time
will experience increased development if certification is not now denied,
therefore, the Asheville Regional Office recommends denying a water
quality certification for this project.
August 5, 1992
Mr. John Dorney
Water Quality Planning D. E. M.
On April 13, I submitted to you an application
from Tallwood, Inc. Hayesville to construct a
gravel access road through a portion of wetlands
(previously a gravel mine). In that application
I indicated the area impacted by the proposed
project as "less than 1-acre." A concept plan
by Luther Smith & Associates accompanied my
application.
Enclosed is a detailed survey by Palmer Surveying
indicating the five areas where the planned road
crosses wetlands. The total area impacted (consid-
ering a 12' wide working area for the 8' access
road) is calculated to be 5004 sq.ft. or .115 acre.
A copy of this is being sent to Mr. David Baker
US Army Corps of Engineers, Asheville.
Please contact me if there are any questions.
10 W N: f
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[phone]
Sincerely,
Dean C. Blackwell
Route 1, Box 73
Hayesville, NC 28904
APR 1992
WETLANDS GROUT'
DEM ID: WATER QUALITY SECTION ?CPION ID
gJ?OINT APPLICATION FORM FOR
I?c,;1?ia .#L'h FERMI SNA'F REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
AT.-9EQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
I
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 ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Tallwood, Inc.
2. OWNERS ADDRESS: Rt. 1, Box
Havesville
3. OWNERS PHONE NUMBER (HOME) : '[phone](WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Dean C. Blackwell
5. LOCATION OF PLANNED WORK (ATTACH MAP)./
COUNTY : C lay
NEAREST TOWN OR CITY: ayesvi e
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS LANDMARKS, ETC.):
Tusquittee Road, SR 1307 6 miles NE of Hayesvi. e
at Tusquittee Landing, private airport facility
6. NAME OF CLOSEST STREAM/RIVER: Tusquittee Creek
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ] NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X ]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
7-8
2/3/92
1