19920592 Ver 1_COMPLETE FILE_19921113

C 4k
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 1, 1992
Regulatory Branch
Action ID. 199300472 and Nationwide Permit No. 14 (Road Crossing)
p Mr. W. Stephen Gilboy
340 W. Diversey
Chicago, Illinois 60657 91992
Dear Mr. Gilboy: WETLANDS GROUP
WATER QUALITY SEC` 1.
Reference your October 8, 1992 application f6r".Depa ,the Army
authorization to place a 40-foot-long, 72-inch diameter culvert with
associated riprap in Perry Creek in order to access high ground property
across the creek. The project is located just south of Atkinson Elementary
School, on S.R. 1138, south of Hendersonville, in Henderson County, North
Carolina. No wetlands will be impacted by the work. This project has been
coordinated with the N.C. 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 (NWP).
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 1/3 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.
A.
-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and with the conditions outlined in
the enclosed November 9, 1992 WRC letter. This NWP does not relieve you of
the responsibility to obtain any required State or local approval. It is
recommended that you contact Mr. John Dorney of the State of North Carolina,
at telephone [phone], to ensure 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 NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP'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].
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
N.C. Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
V \ ? Environment, Health and
V Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. R. Michael Gilboy
Box 1139
Flat Rock, North Carolina 28731
R
SfArF
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 276(}4
James G. Martin, Governor A. Preston lloward, Jr., P.E.
William W. Cobey, Jr., Secretary November 16, 1992 Acting Director
W. Stephen Gilboy
340 W. Diversey
Chicago, Illinois 60657
Dear Mr. Gilboy:
Subject: Proposed Fill in Wetlands or Waters
Proposed road crossing
Henderson County
DEM Project # 92592
r) Upon review of your request for Water Quality Certification
to la e fill material in 0.02 acres of wetlands or waters for
road ossing located at SR 1138 near Atkinson Elementary School
in Henderson 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 are that road embankment slopes shall be no
steeper than 2:1 and stabilized within 30 days of final grading.
The riprap apron in the stream bottom shall not be installed.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
L Ulr
. Preston Howard, r. P.E.
APH:JD
Attachment
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/4 86-1541 704/663-1699 919/571-4700 919/946-6481 9 19/395 -3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Ed Lastein, L.A., P.O. Box 943, Flat Rock, NC 28731
W_S
MEMORANDUM INITIALS:
Reviewer, I/v
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: 0000592 COUNTY: HENDERSON
APPLICANT NAME: W. STEPHEN GILBOY
PROJECT-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE_#: DOT #:
RCD_FROM _CDA: APP DATE _FRM_CDA: 10/13/92
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: go3o7,
STREAM CLASS: 6
STR_INDEX_NO : G, 55 1 G -t
-
WL_IMPACT? : 61N WL_TYPE: 5'TIZ&-4n7
WL_ACR_EST? : Y&
WL_REQUESTED : 0.1 E-V.
9 1992
HYDROCNECT?:0 N
WTANDS GROUP
WATER UALITYSkCTION
MITIGATION?: Y N MITI GATION_TYPE:
MITIGATION-SIZE: 01
IS WETLAND RATING SHEET ATTACHED?: &N
RECOMMENDATION (Circle One): ISSUE qSSUE/COND DENY
COMMENTS: f• R?P - RhP TO 8E PL&E17 ON C ULV 6RT 1611-6-r AyQ oCt74C-7
.SLo P65 FC- Louv LGV E L or- /D - Y:Z? PC14A R u u orF .
c
PP B07iorn Or- 9TR64M CHAAINEL. A-5 P6?10-6?b /A/ 2YAWIAl S.
SIDE SC.oal OF R0A7i7 &.k.fA,1XlytEN? 70 8E a L / Of F[./%'i'TER,
3. SIDE S40PC-S Wl-rl? No RtP- &AP o CC S77WIL/76P WI-rWIAr
3ct LAY5 or FotiA L GRkPE_ B&lmt, RL-,Y}IEP?
cc: Regional Office
Central Files

WETLAND RATING SYSTEM WORKSHEET
J
Project No. or description _G!, (jam q2. - $q 2
Location
County fkUMt?So&/ Nearest road or town_So ((jg #C-6166WSWLoo9
Gt?
River basin F72EnlCH- (ifZOl
Nearest stream pER.eRY Gf2C-E and classification
Evaluator R,Aut- ,?/t'-F! t G-
Agency and address p6m SGI v?ooplaw P41VCC- AL11&e- NG ?-?b?Ol
Date and time evaluated ClIC-T .30, /qQ'Z 12 'JO
Major Wetland Type 5 Z1?«}
Approximate size of wetland system ,l/A acres
Approximate extent of wetlands in area jv,4 acres
within miles
Three most common plant species (in order):
Ai't F
B?14s i ? ?E?t?s ? 4cA?,7 heb At
Soil Series (if known)
Hydrologic indicators S T C-
Direct surface hydrologic connection? E$ NO
Existing Conditions
Drainage -!jl? ER'41
- iV c7T 1w?+,v/? r
Disturbance NONC - SAGA/ &AA45 (,ycoDEP
Restoration potential NA
Restoration value N/A
Is site known to provide habitat for rare, endangered or
threatened species? yo if so, list species observed or recorded.
Item No. Score (circle one)
I. Location/Landscape
1 Natural area buffer 5
2 Sensitive watershed 4 3 2 1 ?p7
3 Dispersal corridor systems 4 3 2 1 0
II. Ecological Values
4 Special ecological attributes 4 3 2 1
5 Wildlife habitat 5 4 3 2 1 0
6 Aquatic life 5 5) 3 2 1 0
7 Water storage 4 3 2 1 0
8 Streambank stabilization jt 4 3 2 0
9 Removal of pollutants 5 4 3 2 1 0
III. Human Values
10 Outdoor recreation/education 5 4 2 1 0
11 Economic value 5 4 2 1 0
Total score :3/
Site description and notes: hjr,?-,qG) 51Rep1 Yrc- tUOopu N'c?S/pL
eu S6C,Tt s 06-- LaV( , Qlh4Pa- ? AYP65( D (opt' X iSo ) S? 1138 e AJc?Qr?i
s (PE _ (W6-c7C;0 vy 544uq 5-WA4t ? D?ID?TIf
N0151 , R*bprr -rg14/t,5 urREUs
1 ?,
`.
r?
orb 1 31992
rHE I,CT ENGINEER
NQURRENCE
MMUFICATION
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
?1. OWNERS NAME: W. smepwrx &ILeaf
2 . OWNERS ADDRESS: S,40 W. d [yeg4WY U-l IGAGrp IL. bO6 7
VZ3 . OWNERS PHONE NUMBER (HOME): 512,-52-S7-302-& (WORK):
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER : R . M IC44AZ1. 61 LBOY ftX 1139 F 1.04,-f F,&r .
? 5.
A.
v17 .
DEM ID: C/z S % Z -
N
JOINT APPLICATION FO
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATI T
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SEC
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: HemqEgg?pW
NEAREST TOWN OR CITYs_ uc,ar?co .ivi
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
/WS I, OR WS II? YES [ ] NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO
IF YES, EXPLAIN.
L/ ", 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10.1
2/3/92
NAME OF CLOSEST STREAM/RIVER: Aaffn&*( 44gEK
RIVER BASIN: mup C F ???.?1t P?RD?&D
.f ,
-2-
/1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: . 02
DRAINED:
FLOODED: .?
EXCAVATED: ?,,? •???
TOTAL IMPACTED: JP?us?
? ' 2 . DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) :
(o
? 13. PURPOSE OF PROPOSED WORK: RO- A4>
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
lO
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ]
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 [ ]
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?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
-/ 2z,?=1 ,%?
q/ f ?I
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v/z OWNER'S SIGNATURE DATE

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 21, 1992
Regulatory Branch
Action ID. 199300472 and Nationwide Permit No. 14 (Road Crossing)
Mr. W. Stephen Gilboy
340 W. Diversey
Chicago, Illinois 60657
Dear Mr. Gilboy:
D
AN -
Reference your October 8, 1992 application for Department of the Army
authorization to place a 40-foot-long, 72-inch diameter culvert with
associated riprap in Perry Creek in order to access high ground property
across the creek. The project is located just south of Atkinson Elementary
School, on S.R. 1138, south of Hendersonville, in Henderson County, North
Carolina. No wetlands will be impacted by the work. This project has been
coordinated with the N.C. 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 (NWP).
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 1/3 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 NWP provided it is accomplished in strict
accordance with the enclosed conditions and with the conditions outlined in
the enclosed November 9, 1992 WRC letter. This NWP does not relieve you of
the responsibility to obtain any required State or local approval. It is
recommended that you contact Mr. John Dorney of the State of North Carolina,
at telephone [phone], to ensure 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 NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP'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,
Enclosure
G. Wayne Wright
Chief, Regulatory Branch
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
N.C. Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
. nvironment, Health and
?/ Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. R. Michael Gilboy
Box 1139
Flat Rock, North Carolina 28731
I---

0 0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
Fov 9 0 me i,
MEMORANDUM
O: Mr. Robert; Johnson, Office Manageir,
U. 3. Army Corps of Engineers, Asheville
FROM: Mark S. Davis,
Assistant Fisheries Biologist
UAlE::.u Illovember.., 9, 1992"
SUBJECT: Review of a 404 permit application by Mr. R. Michael.
Bi..lboy to ins't;al.l. <:a 72" x 401 culvert in Perry Creek
off of CIF: 1138 (Old Kanuga Road) near Hendersonville,
Henderson County.,
Mr.. R. Mi.chael. Gi lhc,y (}fox 1139 Flat Hook, N.. C:. 2 8731) on
behalf of W. Stephen G:i.lboy is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission (NCWRC) ill
order to obtain a 404 permit from the U. G. (army Corps of
Engineers. Staff field biologist of the NC:WRC: have reviewed the
information provided by the applicant, ,:anti an onsite
investigation was conducted on November f,, 1092, for the purpose
of i:asse?s'fi1T'1g pot:ent:lal. construction impacts on wildlife and
fisheries resources. These comments are provided in accordance
with provisions o the Clean. Water Act of 1977 (33 U. S. C::. 466 cat.
seq.) and the Fish and Wildlife Coordination Acct (48 Stat. 401,
as amended; 16 U. fa. C. 661-667d).
Based on the information provided by the applicant and our,
information on the range of grout: in the project area, we do not-
believe this project w i l l cause significant effects to waters
supporting trout. However, your plans indicate that as ::3Y 1 x 151
riprap apron w:i.l.l he used to stabilize the creek bed on the
outlet end of the culvert. The NCWRC; does:; not object to the use
of r:i praap for loam; stabilization or fill, but does not recommend
its use in the stream. his would destroy t:he natural substrate
and possibly cause future erosion of the channel downstream.

The NC::WRC d[:;e not object to the issuance of a permit,
provided the following conditions are met by the applicant,.,
1. Erosion controls should he installed where soil is disturbed
and maintained until project completion.
` . , The culvert should a:r't; the same s l o p e as the stream
bottom and =should be buried 1. foot: unless bedrock is
encountered.
. Ri.prap placed for bank stabilization should not be placed
below normal high water elevation so as to maintain natural
substrate in the stream. The riprap apron should not be
installed. fllbo, riprap should be kept to a mi.r;airum so as
to retain riparian vegetation, which we prefer for bank
stabilization where practical.,
4. Temporary ground cover (e. g. hardwood mulch, straw, etc.)
should be placed on all bare soil during construction.,
Permanent vegetation in th';ese sure areas should be
established within Jt?sn L..; days of project completion to provide
long term erosion control.
Thank you for the opportunity to review and comment on this
project. If there are any questions regarding these comments,
please contact Mr. Mark ':.:i. Davis at [phone].