19920522 Ver 1_COMPLETE FILE_19921015

„a STA7E' q.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor October 19, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. George Beverly, Jr.
Beverly-Hanks & Assoc.
300 Executive Park
Asheville, North Carolina 28801
Dear Mr. Beverly:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
After the fact stream stabilization
Henderson County
DEM Project # 92522
Upon review of your request for Water Quality Certification
to place fill material in 0.1 acres of wetlands for streambank
stabilization located at US 25N at Brittain Creek in Henderson
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2665 issued January
21, 1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 13.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
APH : JD J
Attachment V
cc: Wilmington District Corps of
Corps of Engineers Asheville
Asheville DEM Regional Office
Mr. John Dorney
Central Files
eston Howard, /r. P.E.
Engineers
Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919[395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affimiative Action Employer
MEMORANDUM INITIALS-
er
Review
TO: John Dorney WQ Supv:
Planning Branch Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT-NO: 0000522 COUNTY: HENDERSON
APPLICANT NAME: BEVERLY-HANKS & ASSOC ATF
PROJECT-TYPE: BANK STABILIZATION PERMIT-TYPE: NW13
COE_#: DOT-#:
RCD_FROM _CDA: APP DATE _FRM_CDA: 09/17/92
REG_OFFICE: ARO RIVER_AND_SUB_BASIN_#:OYn 301
STREAM-CLASS: C
STR_I NDEX_NO :
WL_IMPACT? : ('N r WL_T -?,
u
WL_REQUESTED: 9* AG96 WL_ACR_E Y
HYDRO_CNECT?: ®/N WL_SCORE 4
MITIGATION?: Y,® MITIGATION-3 E,: U I)S SECTION
A
MITIGATION-SIZE: P/w
IS WETLAND RATING SHEET ATTACHED?:d>N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : S E t)a#k o? eri&,m Creek hots ?een .S?rai p?ien. 4e rA ,1-1,
rIv,,...4. Pi n r12n7J,,( a,,,0 ?aGr?ScfL?a? VrAR,7 4U14 A S 7t3 DOnk ;L,
x -7 S()
ca Sg ft U c,-ed okL DCl TS /DE /Q-4199e o ?, `fZeen ke?l leayi Lii /'1i& u/
-74
5' r'tam G hai4h d Wi t? 1"1'e25 1- 0?419r 1/e9 1"ioh ??2
Ac'?"t ac (,?qg 4 (ztea. 0_4,e4Qcr e

cc: Regional Office
Central Files
w
ni
s
WETLAND RATING SYSTEM WORKSHEET

Project No.
or description
?Z5i22 /
LW'C 6y-1- 1V1<5
If?SSC>?
Location 1{u'Y 2's
County '/
ItC-"b&t5o&l Nearest road or town ffrAo ASoA(ull-i-
River basin r_Rr_NcW
Neares t stream ?RITlZ)N GR&61< and classification
Evaluator 1AUt- W1?<T6
Agency and address L)CM S q 4f/t >b? /PL A6'YC11i t , PC 2-M'Q1
Date and ti me evaluated (0 - 6 - G1 Z - j= 3V
Major Wetland Type IN1"?ryStuG?y 61&06,60 cd&A(r-L1Z" f RIP-RAP S'-REA,07
Approximate size of wetland system p,q acres
Approximate extent of wetlands in area acres
within miles
Three most common plant species (in order):
LA/tL t.0W, GR#PC- \l6AIC-s , Gx&5Se-5 ? N DI)Po51rc- to#/Vk ?sroy 7NT'Ropuer'r)
Spvctc-s of-, ?q?I?G tci¢?cr s?n?
Soil Series (if known) Gp j, 0 Us L 0N L92
Hydrologic indicators 691TTo(V 660C
Direct surface hydrologic connection? NO
Existing Conditions
#Np
Drainage
Disturbance MERMA?yEti/i ?A?irrorT Drs?(??b'Artlc6
Restoration potential (,L,/
Restoration value n?rr-) 146"
Is site known to provide habitat for rare, endangered or
threatened species? _A({)If so, list species observed or recorded.
Item No. Score (circle one)
1. Location/Landscape
1 Natural area buffer
5
(rV
2 Sensitive watershed 5 4 3 2 1
3 Dispersal corridor system 5 4 3 2 ® 0
II. Ecological Values
4
2
1
0
4 Special ecological attributes 5
5 Wildlife habitat 5 4 © 2 1 0
6 Aquatic life 5 4 3 2 © 0
7 Water storage 4 30 2 1 0
8 Streambank stabilization ( 4 3 2 1 0
9 Removal of pollutants 5 4 2 1 0
III. Human Values
i
5
69
3 2
1
0
10 on
Outdoor recreation/educat
11 Economic value © 4 3 2 1 0
Total score to 4 IZ 2
NoT Now 8uT #IkyoG
CiFCORE I r L* 4_5
"?trAot?rt??. ''
Site description and notes: S.E. &,t dG 8RtrTov C&I6 rC 4PP7,fcPNf' 1-0 14A "As C6-vTKE Oev C. SJpG dit *WY as A/, Y6<rVL"_(*?5()W111"'6 #1f BC?N GG?i9ef'E?j
ranter opI IRtp-r hPP6-n) #?40 L4V'P5C*' >.

?i
[phone]
September 1, 1992
300 EXECUTIVE PARK, ASHEVILLE, NORTH CAROLINA 28801
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
i ,
4ed
C"6
The US Army Corps of Engineers has advised me that I need to forward the
enclosed to you regarding bank stabilization work on Brittan Creek and ask
for a 401 Qeneral certification concurrence.
Yours truly,
BEVERLY-
r N'T
1 71M
Enclosures:
& ASSOCIATES
J,
Western North Carolina's largest full-service realty firm with
offices also in Arden/Skyland and Hendersonville
REALTOR'
GWB,Jr/bb
DATE : 8 -Z 6 - / 2--
SUBJECT: 'gcn S¢e6?%24 770 Gc/or m/? ??, /1 `
TO: ' 6?'?e-
FROM: Steve Chapin, Corps of Engineers
Please fill out those items that are checked on the enclosed application and
send a copy to each of the following:
1. Steve Chapin
? U.S. Army Corps of Engineers
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, NC 28801-2714
/2. The individual circled on the back page from the NC Wildlife Resources
Commission.
3. Mr. John Dorney
Division of Environmental Management
NC Dept. of Environment, Health, and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
(ask for "401" general certification concurrence or individual section
"401" certification)
Questions 7 Call me at [phone]
V _ 1 N
ISf L4 -e,
recto- pn c w-e sec
Ac04JC2- ,,, c& 04- S"te A---4 - 'I'

DEM ID: 1 Z ?-2-2ACTION 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 REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
l
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 ENVIRONMEN'
NC DEPARTMENT OF ENVII
AND NATURAL RESOD
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY
Telephone [phone]
PLEASE PRINT.
su i ? 1992
1. OWNERS NAME: BEVERLY-HANKS & ASSOCIATES
/2. OWNERS ADDRESS: 300 EXECUTIVE PARK ?--
ASHEVILLE. NC 28801
?3. OWNERS PHONE NUMBER (HOME-)-:- (WORK): [phone]
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: George Beverly
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Henderson
NEAREST TOWN OR CITY: _ Hendersonville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
1 Highway 25 North at Brittain Creek
6. NAME OF CLOSEST STREAM/RIVER: Brittain Creek
? 7. RIVER BASIN: French Broad River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT,-SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [ yj
//9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [
IF YES, EXPLAIN.
IX10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Less than 0.5 acre
2/3/92
W?
i
-2-
/1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: --
DRAINED: FLOODED: --
EXCAVATED: ' 0.10
TOTAL IMPACTED: 0.10 ac.
/12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Clean creek bank (one side
(only) - Install rip rap stone to control erosion
13. PURPOSE OF PROPOSED WORK: To protect creek bank from erosion during
stormwater runoff
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS•ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The-creek bank is adjacent to the stream. It had been disturbed
several times in years past.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (Ntg&. REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [x] Wil do ASAP
RESPONSES FROM THE USFWS-AND NMF 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 [ X]
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? Commercial
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE--DISPOSAL?

MCI)_
R'S SIGNkTUAE./ DAVE
1k, 11P.- , 10
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 16, 1992
Regulatory Branch
SUBJECT: Action ID. 19930036 and Nationwide Permit No. 13 (Bank
Stabilization)
Beverly-Hanks and Associates
Mr. George W. Beverly, Jr. OCT 2 61992
300 Executive Park
Asheville, North Carolina 28801
WETLANDS GROUP
Dear Mr. Beverly: WATER UALITY SECTION n.
Reference your September 1, 1992 after-the-fact application for Department
of the Army (DOA) authorization to place riprap along approximately 300 feet
of the banks of Brittains Creek, north of Hendersonville, just east of U. S.
Highway 25, in Henderson County, North Carolina. The purpose for the project
is protect the creek bank from erosion during stormwater runoff. This project
has been coordinated with the NC Wildlife Resources Commission (WRC).
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for bank stabilization
activities provided:
a. No material is placed in excess of the minimum needed for erosion
protection;
b. The bank stabilization activity is less than 500 feet in length;
c. The activity will not exceed an average of one cubic yard per running
foot placed along the bank below the plane of the ordinary high water mark or
the high tide line;
d. No material is placed in any special aquatic site, including wetlands;
e. No material is of the type or is placed in any location or in any
manner so as to impair surface water flaw into or out of any wetlands area;
f. No material is placed in a manner that will be eroded by normal or
expected high flows; and
g. The activity is part of a single and cmplete project.
t • •
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recmuended that you contact Mr. John
Dorney of the State of North Carolina, at telephone [phone], to insure
that you have complied with state water quality certification requirements.
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 commerce 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, Asheville
Field Office, Regulatory Branch, telephone [phone].
sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

-3-
Mr. John Dorney
Water Quality Section
qrf of Environmental Management
Divisi
No Carolina Department of
irormnent, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Mickey Clemons
Route 1, Box 624
Waynesville, North Carolina 28786
t 3
t
DEM ID: ACTION ID:
(f
I.?
t
i
JOI - .APICATION FORM FOR
V,,i „ p
NRT id ?? {MT-;'$ THAT REQUIRE; NOTIFICATION TO THE DISTR ??
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CC
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CER J
l
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 MAN
NC DEPARTMENT OF r503
AND NATURAL R P.O. BOX 29535
RALEIGH, NC 2762ATTN: MR. JOHN DTelephone (919) 7>? ---
PLEASE PRINT.
V/1. OWNERS NAME: BEVERLY-HANKS & ASSOCIATES
F 7-,)'
?c 1'.l2?iu1
2. OWNERS ADDRESS: SEP Fa:ws 1Gon "VP
300 EXECUTIVE PARK ,?---
ASHEVILLE NC 28801
FAYErJ?yu 1 II;-? '-,,
L,/3 . OWNERS PHONE NUMBER (HOME r: (WORK): [phone]
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: George Beverly
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Henderson
NEAREST TOWN OR CITY: -Hendersonville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
IS Highway 25 North at Brittain Creek
A. NAME OF CLOSEST STREAM/RIVER: Brittain Creek
7. RIVER BASIN: French Broad River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT,'SA, HQW, ORW,
?WS I, OR WS II? YES [ ] NO [ xl
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [ x]
IF YES, EXPLAIN.
VX10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Less than 0.5 acre

?fn r?? t
\t?
2/3/92