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
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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
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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