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HomeMy WebLinkAbout19920336 Ver 1_COMPLETE FILE_19920813n r AA1L. o? 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 13, 1992 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director Mill Creek Golf Course Russell D. Perone, Supt. PO Box 848 Franklin, NC 28734 Dear Perone: Subject: Proposed Fill in Headwaters or Isolated Wetlands Mill Creek Golf Club bridge repair Macon County DEM Project 92336 Upon review of your request for Water Quality Certification to place fill material in wetlands for bridge repair located at Mill Creek Golf Course, in Macon County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2732 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. 14. Additional conditions which must be met are 1) culverts shall be placed one foot below the streambed and 2) riprap shall be placed at the inlet and outlet of the culvert. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, A. reston Howard, Jr APH:JD Attachment cc: Wilmington District orps of Engineers Corps of Engineers Asheville Regional Office Asheville DEM Regional Office Mr. John Dorney Central Files Thomas M. Schreiner, McGill and Associates Dennis Stewart, Wildlife Ps U?I&Rmmission Asheville Fayetteville Mooresville Raleigh Washington 704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946 -6481 P. E. Wilmington Winston-Salem 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ?e.? SnAT?' o - -4 KTorth Carolina Health, and Natural Resources / Zegional Office J ?^ G James Ann B. Orr J Williai Manager RONMENTAI. MANAGEMENT Regional 1ALITY SF("PION 27, 1q92 ., WETUAir, L WATER TO: Jonn LoL.Lvcy 401 Certification THROUGH: Forrest R. Westa_1- Water Quality Reg. a1 supervisor FROM: William E. Anderson Environmental Techn .i.an SUBJECT: Mill Creek Golf Club Bridge Replacement Number 92336 Macon County I visited this site on July 21, 1.992 and was told by Russell D. Perone, Course Super.int-wlernt, that they wanted this permit three months agcy and that the bridges had already been repaired and that: 11,E permit was not needed. Please return the application wii-b no -action. If you have any questions, let mt- knc,? Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704251-6208 An Equal Opportunity Affirmative Action Employer _r__ . ® North Carolina Wildlife Resources Commission 9 512 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, Manager Habitat Conservation Program DATE: April 8, 1992 SUBJECT: Review of an application by Mr. Thomas Schreiner of McGill Associates, P.A., to replace four golf cart bridges with culverts, Franklin, Macon County The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by Mr. Thomas Schreiner, and professional biologists on our staff are familiar with habitat values of the project area. An onsite investigation was conducted on March 17, 1992 for the purpose of further assessing potential construction impacts on wildlife and fisheries resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and North Carolina General Statutes (G.S. 113-131 et. seq.). The applicant is requesting authorization to replace four wooden bridges at golf cart crossings with culverts. The purpose of the work is to upgrade the existing Mill Creek Golf Course. Three of the culverts will be box culverts and one will be an arch culvert. Footing pads will be installed for all box culverts. Class 2 rip-rap will be placed around the ends of each culvert. Mill Creek is a tributary to Cartoogechaye Creek, which is a Designated Public Mountain Trout Water and managed by the NCWRC as a put and take trout fishery. Mill Creek is a low gradient headwater stream that meanders through the golf course. The stream is characterized as a step-pool channel with good undercut bank, cover habitat. It has a bank full width of 5-6 feet and a substrate of cobble, gravel and sand. This stream may serve as a spawning stream for trout in Cartoogechaye Creek. No wetlands will be involved in the construction of the raceways. No federal or state listed threatened or endangered species are known to be present. This project may cause short-term turbidity during construction and could be detrimental to aquatic organisms if raw concrete escapes into the stream. The NCWRC is concerned over potential adverse impacts to aquatic resources in Mill Creek. The NCWRC will not object to the issuance of the permit provided the following conditions are met by the applicant: 1) Erosion control measures should be installed prior to the start of construction and maintained until the project site has been stabilized. 2) Adequate precautions should be taken to prevent wet concrete from coming into contact with the stream. The stream flow should be diverted away from footing pads while they are being poured. This will reduce the likelihood of a fish kill associated with construction. 3) In order that fish passage will be insured, culverts should be placed 1 foot below the stream bed. 4) Work is prohibited in the stream from November 1 to April 15 to protect trout egg and fry stages from sedimentation. 5) Temporary ground cover should be placed on bare surfaces as soon as construction is completed. Permanent vegetation in these same areas must be.established within 15 working days of project completion to provide long term erosion control. 6) Rip-rap should only be placed at the inlet and outlet of the culverts. Placing rip-rap at other locations on the creek will require a separate review. We appreciate the opportunity to review and comment on this project. Please contact us if you need further assistance. DLS/lp cc: Mr. Micky Clemmons, D-9 Fisheries Biologist Ms. Stephanie Goudreau, Mt. Region Habitat Biologist ???t' li?•'C CORI?!7! ' i El (.? Li (;??i( f i ?i ^.il ;-,. ;l",I?'R"'R!07 NATIONWIDE PERMI gg=& 'L W ? NATIONWIDE PERMI _ ) -NAT,,3.ONinIInF- .QERMI, Nmtli Carolina Vv'lld!;fe 1 .)t l? LOiliillru;09 q-o1 ACTION ID: JOINT APPLICATION FORM FOR THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 ¢ ?1 F WILMINGTON, NC 28402-1 ATTN: CESAW-CO-E Telephone (919) 251-451 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT "` ITC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 AEIGH, NC 27626-0535 N• MR. JOHN DORNEY Telephone (919) 733-5083 WF (I Air ONE (1) COPY OF THIS COiI ! m'"m8'WAk4t4T-ION 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: MILL CREEK GOLF C1 11B 2. OWNERS ADDRESS: P.O. BOX 848 FRANKI TN, N -C 28714 3. OWNERS PHONE NUMBER (HOME): (WORK) : (704) 524-6458 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: J WARREN HUGHES, PRESIDENT P.O. BOX 281 C..l FARWATFR- FI ORTDA 34617 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: MACON NEAREST TOWN OR CITY: FRANKLIN : SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.") T r 6. NAME OF CLOSEST STREAM/RIVER: MILL CREEK 7. RIVER BASIN: LITTLE TENNESSEE 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [X] NO [ ] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, EXPLAIN. COPIES ATTACHED 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A 23/92 IMPORTANT To Date Tin WHILE YOU WERE OUT M_? ty? ?'T'F== of Phone AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message L L- CJ l-Jed-(IDYLS if V 1 --- - ,Q eo N L? IT Signed N.C. Dept. of Environment, Health, and Natural Resources Z Printed on Recycled Paper WGILL ASSOCIATES, P.A. CONSULTING ENGINEERS REPLY TO WAYNESVILLE OFFICE June 19, 1992 Mr. John Dorney North Carolina Department of Environm Health and Natural Resources Division of Environmental Management Water Quality Planning Post Office Box 29535 Raleigh, North Carolina 27626-0535 Re: Dear Mr. Dorney: JUG! 2 4 1992 J ER Qu'ALl i "I "fit .._. ? _ . Mill Creek Golf Course Improvements Bridge Replacements - Macon County Please find enclosed seven (7) completed copies of the joint application form for a Section 401 Certification Concurrence. We have also enclosed a location map and typical sections for the bridge replacements. We are requesting a water quality certificate for this proposed work. Should you have any questions or need any additional information, please do not hesitate to contact us. Sincerely, TMS:gs Enclosures CC: Warren Hughes G. Wayne Wright 91105 McGILL ASSOCIATES, P.A. GG?? Thomas M. Schreiner, P.E. 20B DEPOT STREET, SUITE B / ASHEVILLE FAX / 38 ORANGE STREET WAYNESVILLE, NC 28786 704/252-2516 ASHEVILLE, NC 28801 704/456-4736 704/252-0575 DEM ID: 2,3-) WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS {Lj 1i ?SION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY DEPARTMENT OF ENVIRONMENT, HEALTH, (r?... P.O. BOX 1890 AND NATURAL RESOURCES WILMINGTON, NC 28402-18 0 WATER >>tq((; ; f' • O. BOX 29535 ATTN: CESAW-CO-E ""-RALEIGH, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT,R.QUIRE INDIVIDUAL SECTION 401 CERTIFICATION 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: MILL CR K GOLF C'I IIR 2. OWNERS ADDRESS: P.O. BOX 848 FRANKI IN, N f 28714 - 3. OWNERS PHONE NUMBER (HOME): (WORK) : (704) 524-6458 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: J WARREN HUGHES, PRESIDENT P.O. BOX 281 CLEARWATER FLORIDA 34617 (813) 441-2807 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: MACON NEAREST TOWN OR CITY: FRANKLIN SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): WF1,1 nE Tn I I OF ERANKI TN nFF S R 1,111 6. NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: MILL CREEK LITTLE TENNESSEE 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [X1 NO [ 1 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X1 NO [ IF YES, EXPLAIN. COPIES ATTACHED 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A 2/3/92 f ' -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: > 1_n TOTAL IMPACTED: 12. DESCRIPTION OF PROPOSED WORK ATTACH PLANS):F-EPLACEMENT OF FOUR (4) WOODEN BRIDGES CROSSING MILL REEK WITH CULVERTS 13. PURPOSE OF PROPOSED WORK: REPLACE WOODEN BRIDGES TO ALLEVIATE MAINTENANCE- 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. REPLACE BRIDGES - SOIL EROSION CONTROL MEASURES WILL BE TAKEN WHFRF APPI TCARI F 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 [X] NO [ ) 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? HAVE YOU DONE SO? YES [ ) NO D() 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? GOLF COURSE F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N.A. OW R'S SIGNATUR DATE MCEIV APR 1 5 1992 . MCGILL ASSOC', P .A. North Carolina Wildlife Resources_ Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3301 (;h;irles R. Fullwo)(l, Executive Director Date C/ / / L. C' Dear Applicant: The North Carolina Wildl forwarded comments concerning U.S. Army Corps of Engineers. application and notify you of questions, please contact the Corps of Engineers. ife Resources Commission has your 404 permit application to the The Corps will process your their decision. If you have any appropriate office of the U.S. Army q PATH & CULVERT 6' 0" SIZE "A"\ _ .?_. 1'-0" MIN. „L„ 2" CABC 2 CULVERT I TALaL ATION TYPICAL CTION NTS „A„ „L„ CULVERT SIZE/ LENGTH LOCATION NUMBER (ft) NUMBER 8 1- 14'_1o"x4'-1o" 27 TEE BOX CULVERT NUMBER 5 1- GREEN/ 13'-7»x4'-7" 13.5 NUMBER 6 BOX CULVERT TEE NUMBER 8/ 2- NUMBER 4 10'-11"x4'-3- 13.5 FAIRWAYS BOX CULVERTS C NUMBER 4 311x50» ? TEE CORRUGATED ARCH PIPE NOTES: 1. MATCH CREEK BED SLOPES. 2. INSTALL FOOTING PADS ON ALL BOX CULVERTS. 3. PROVIDE CLASS 2 RIP RAP ON UPSTREAM AND DOWNSTREAI ENDS. RECEIVED DEPARTMEN y T E Y , y WILMINGTON DISTRIC APR 19 1992 P.O. B WILMINGTON, NORT LIN? W(? McGILL ASSOC., P. IN REPLY REFER TO May, 1992 Regulatory Branch W"? - Action ID. 199201765 and Nationwide Permit No. 14 (Road Crossing) Mr. Thomas M. Schreiner, P.E. McGill Associates, P.A. 38 Orange Street Asheville, North Carolina 28801 Dear Mr. Schreiner: Reference your application dated March 23, 1992, for Department of the Army authorization to replace four existing bridges over Mill Creek with culverts on the Mill Creek Golf Course, Macon County, North Carolina. This project has been coordinated with the NC Wildlife Resources Commission (WRC). 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, 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 fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided: a. The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the United States is limited to a filled area of no more than one-third acre. Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands; c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected highflows and the movement of aquatic organisms; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the United States; and e. For fills in special aquatic sites, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. r ? ? rr -2- Your work is authorized by this nationwide permitprovided it is accomplished in strict accordance with the enclosed conditions and with conditions outlined in the enclosed WRC letter dated,'April 8, 1992. This nationwide permit does not relieve you of the responsibility to obtain any required state or local approval. Please. contact Mr. John Dorney, NC Division of Environmental Management, (919) 733-1768, to obtain a waiver or water quality certificate for the proposed work. This permit is effective upon receipt of the waiver or certification. This verification will be valid for 2 years from the date of this letter unless 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 complies with any subsequent modification of the nationwide permit authorization. If during the 2 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 12 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 Mr. Steve Chapin, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. ne Wri t Chie , Regulatory Branch Enclosure -3- 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 NC Wildlife Resources Commission Mickey Clemmons Route If Box 624 Waynesville, North Carolina 28786 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a 'study river' for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on -2- the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CPR 330.4(9)). 13. Notification (for fills in special aquatic sites, including wetlands). a. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the MVP may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). b. The notification must be in writing and include the following information and any required fees: (1) Name, address and telephone number of the prospective permittee; (2) Location of the proposed project; -3- (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The USFWS/NMFS regarding the presence of 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; and any available information provided by those agencies. (The prospective permittee may contact Corps District Offices for USFWS/NMFS agency contacts and list of critical habitat.) (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 15. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 16. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 17. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 18. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 19. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). -4- 20. Adverse Impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 22. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. NOTES: 1. Qualification for and issuance of a nationwide permit does not relieve the applicant of the need to obtain any other required State or local permits. 2. Should all or part of a proposed activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a CAMA permit is required from the North Carolina Division of Coastal Management. Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CPR 930 must be provided to the North Carolina Division of Coastal Management at least 90 days before the onset of the proposed activity. REGIONAL CONDITIONS 1. All crossings must be from high ground to high ground. 2. Bulkhead and riprap structure alignments will not extend farther than an average distance of 2 feet waterward or a maximum distance of 5 feet from the mean high water elevation contour in tidal areas or from the normal water line elevation contour in nontidal areas. 3. All backfill material will be obtained from an upland source and confined landward of the bulkhead or riprap structure. 4. Bulkheads and riprap structures must be impervious through structural tightness or the use of a suitable filter cloth and in place before discharge of backfill material. 5. No excavation is permitted by this general permit except for that required for installation of the bulkhead wall, deadmen, cables, etc. 6. This permit is not applicable to any work on Atlantic ocean beaches. -5- 7. All fill material authorized by this permit must be obtained form an upland source. 8. Bridging is required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission in order to allow the continued use of upstream waters for spawning. Use of culverts in these situations is not allowed. STATE CONSISTENCY CONDITIONS 1. Under this permit, all crossings must be from highground to highground. 2. Under this permit, the roadway width shall be minimized as much as practicable and that no practicable alternative exists. 3. All fill material authorized by this permit must be obtained from an upland source. 4. Established erosion control practices shall be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management; 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). 5. Under this permit, bridging is required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission in order to allow the continued use of upstream waters for spawning. Use of culverts in these situations is not authorized under this permit. 6. The applicant must receive written concurrence from the North Carolina Division of Environmental Management that the proposal is certified under the Section 401 Water Quality Certification Program. 7. If the proposed activity is within the North Carolina Coastal Area, the applicant must receive written concurrence from the North Carolina Division of Coastal Management that the activity is consistent with the North Carolina Coastal Management Program. GENERAL CERTIFICATION CONDITIONS 1. Proposed fill or substantial modification under this General Certification requires written concurrence from the North Carolina Division of Environmental Management. 2. If written concurrence is not issued by the North Carolina Division of Environmental Management within 45 days from receipt of a complete application by the Division's Section 401 Certification Office in Raleigh, then Section 401 Certification is waived for this Nationwide Permit unless additional information is requested in writing by the Director. -6- 3. The width of the fill is limited to the minimum needed for the actual crossing. 4. The roadway width shall be minimized as much as practicable and that no practicable alternative exists. 5. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management, 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. 7. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. 8. Concurrence from the North Carolina Division of Environmental Management that this Certification applies to an individual project shall expire three years from the date of the cover letter from the North Carolina Division of Environmental Management. 1.9C p ? 1,tlU:JllUiu L '?', ,, Ili ® North Carolina Wildlife Resources Commission 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, Manager Habitat Conservation Program DATE: April 8, 1992 SUBJECT: Review of an application by Mr. L% X&O1.-; ne of ar McGill Associates, P.A., to replace our'' f zx? ?s with culverts IaDn ?Cri3riiyty''+ ., ...a.... The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by Mr. Thomas Schreiner, and professional biologists on our staff are familiar with habitat values of the project area. An onsite investigation was conducted on March 17, 1992 for the purpose of further assessing potential construction impacts on wildlife and fisheries resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and North Carolina General Statutes (G.S. 113-131 et. seq.). The applicant is requesting authorization to replace four wooden bridges at golf cart crossings with culverts. The purpose of the work is to upgrade the existing Mill Creek Golf Course. Three of the culverts will be box culverts and one will be an arch culvert. Footing pads will be installed for all box culverts. Class 2 rip-rap will be placed around the ends of each culvert. Mill Creek is a tributary to Cartoogechaye Creek, which is a Designated Public Mountain Trout Water and managed by the NCWRC as a put and take trout fishery. Mill Creek is a low gradient headwater stream that meanders through the golf course. The stream is characterized as a step-pool channel with good undercut bank, cover habitat. It has a bank full width of 5-6 feet and a substrate of cobble, gravel and sand. This stream may serve as a spawning stream for trout in Cartoogechaye Creek. No wetlands will be involved in the construction of the raceways. No federal or state listed threatened or endangered species are known to be present. This project may cause short-term turbidity during construction and could be detrimental to aquatic organisms if raw concrete escapes into the stream. The NCWRC is concerned over potential adverse impacts to aquatic resources in Mill Creek. The NCWRC will not object to the issuance of the permit provided the following conditions are met by the applicant: 1) Erosion control measures should be installed prior to the start of construction and maintained until the project site has been stabilized. 2) Adequate precautions should be taken to prevent wet concrete from coming into contact with the stream. The stream flow should be diverted away from footing pads while they are being poured. This will reduce the likelihood of a fish kill associated with construction. 3) In order that fish passage will be insured, culverts should be placed 1 foot below the stream bed. 4) Work is prohibited in the stream from November 1 to April 15 to protect trout egg and fry stages from sedimentation. 5) Temporary ground cover should be placed on bare surfaces as soon as construction is completed. Permanent vegetation in these same areas must be established within 15 working days of project completion to provide long term erosion control. 6) Rip-rap should only be placed at the inlet and outlet of the culverts. Placing rip-rap at other locations on the creek will require a separate review. We appreciate the opportunity to review and comment on this project. Please contact us if you need further assistance. DLS/lp cc: Mr. Micky Clemmons, D-9 Fisheries Biologist Ms. Stephanie Goudreau, Mt. Region Habitat Biologist tSI:. e SIAft 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 ,Y i A ") i`'? l f: t7v t Dear Sir or Madam: George T Everett, N.D. Director SUBJECT; 40,1 WATER QUALITY CERTIFICATION i ,0 County, COE Project # i The Division of Environmental Management (DEM) received a letter from the Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit. Please be advised that the Nationwide Permit is not valid until a 401 Water Quality Certification 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 before the Nationwide Permit is valid. If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or less than one-third (1/3) of an acre you are not required to obtain written concurrence. Otherwise please complete the attached form (except for conditions 15 and 16) and send six additional copies (a total of seven copies) so that the review of your request can be initiated. If you have any questions, please call me or Mr at 919-733-1786. Sincerely, Eric Galamb Applic. tr / cc: _ w'(-1 1_ DEM Regional Office Mr. John R. Dorney RE00NA1. 01-TICFS John Dorney Asheville Fayetteville Mooresville [61cigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/6!3-1699 919/571-470) 919/346-6481 919/395-39(>) 919/8967007 Pollution Prevention Pays 1'0 &ix 29535. IL,Icigh, North Carolina 276260535 Iclephone 919733 7015 :An 1 qn,d t )p?wrt wnty Alw n mv, A, non I mplo-, . PF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 7, 1992 Regulatory Branch Action ID. 199201765 and Nationwide Permit No.14` (Road Crossing) Mr. Thomas M. Schreiner, P.E. McGill Associates, P.A. 38 Orange Street Asheville, North Carolina 28801 MAY 1 3 1992 Dear Mr. Schreiner: W WATEfl ?tisi' I ? r Reference your application dated March 23, 1992, for Department of the Army authorization to replace four existing bridges over Mill Creek with culverts on the Mill Creek Golf Course, #4mon County, North Carolina. This project has been coordinated with the NC Wildlife Resources Commission (WRC). 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, 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 fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided: a. The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the United States is limited to a filled area of no more than one-third acre. Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands; c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected highflows and the movement of aquatic organisms; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the United States; and e. For fills in special aquatic sites, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. -2- Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and with conditions outlined in the enclosed WRC letter dated April 8, 1992. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. Please contact Mr. John Dorney, NC Division of Environmental Management, (919) 733-1768, to obtain a waiver or water quality certificate for the proposed work. This permit is effective upon receipt of the waiver or certification. This verification will be valid for 2 years from the date of this letter unless 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 complies with any subsequent modification of the nationwide permit authorization. if during the 2 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 12 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 Mr. Steve Chapin, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- 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 NC Wildlife Resources Commission Mickey Clemmons Route 1, Box 624 Waynesville, North Carolina 28786