19920647 Ver 1_COMPLETE FILE_19920116

State of North Carolina
Department of Environment, "'A
Health and Natural Resources 4Y.
Division of Environmental Management
James B. Hunt, r [D C
Jonathan B. Howes, , Secretary A. Preston Howard, Jr„ RE., Director
December 3, 1993
Mr. Joe Turner
Chairman of Board of Commissioners
420 North Main Street
Courthouse Annex
Waynesville, N.C. 28786
Dear Mr. Turner:
Subject: Proposed fill in Wetlands or Waters
Parking for Fairgrounds
Haywood County
DEM Project # 92647, COE #199203212
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.23 acres of wetlands or waters which are
tributary to Lake Junaluska for parking for fairgrounds and stream
relocation as described in your 24 November 1993 letter located at
Hwy. 209 in Haywood County, we have determined that the proposed fill
can be covered by General Water Quality Certification No. 2671. A
copy of the General Certification is attached. This Certification may
be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
1. reston Howard J P.E.
92647.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr, John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
41.. -%
HAYWOOD COUNTY AGRICULTURAL AND
A CTI VI TIES CENTER BOARD
P.O. Box 308
Waynesville, NC 28786
November 24, 1993/^?" I
?J
Ms. Pam Whitley
Department of Environmental Health
P.O. Box 29535
Raleigh NC 27626-0535
RE: DEM Project #92647, COE #199203212
In discussing this project with engineering representatives from
the Department of Transportation and the contracting firm of Taylor
and Murphy, they have verbally agreed to re-route the small stream
to the opposite side of the new highway providing we can get an
amendment to the original permit to do that from DEM and the Corp
of Engineers. This would enable us to supply additional parking
for users of the Haywood County Agricultural and Activities center
and also greatly reduce our costs by eliminating the amount of
culvert we would have to purchase.
Enclosed is two maps; #i showing our original plans and #2 showing
tentative plans pursuant to an approved amendment.
The current highway construction timetable will require us to have
a ruling on this as soon as possible.
If you have any additional questions or need to visit the site,
please feel free to contact myself at 704-646-3411 or Steve West
at 704-456-3575. Your assistance with this matter will be greatly
appreciated.
Sincerely/,,
l
Joe Turner, Chairman
Agricultural and Activities Center.Board
skr
Enclosure
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MEMORANDUM INITIALS:
Reviewer:
TO: John Dorney WQ Supv:
Planning Branch Date: // L f'Y
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT-NO: 0000647 COUNTY: HAYWOOD
APPLICANT NAME: HAYWOOD CO. FAIRGROUNDS PARKING
PROJECT-TYPE: PARKING LOT PERMIT-TYPE: LT26
COE_#: 199203212 DOT #:
RCD_FROM CDA: APP DATE _FRM_CDA: 11/04/92
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: 040301 +
STREAM_CLASS : C / 2',C,,, ? C o-pj o ?J
STR_ I NDEX_NO : 6 - 2 - 7_p3_ o
WL_IMPACT? <?N
WL REQUESTED:
HYDRO_CNECT? : Y/
MITIGATION?: Y'N/ )
MITIGATION-SIZE: ?/a/
41L
WL_TYPE: STR
WL ACR EST?: Y/N
WL_SCORE(#):
MITIGATION-TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y N
RECOMMENDATION (Circle One) ISSUE ISSUE/COND DENY
COMMENTS:

v
cc: Regional Office
Central Files
.?NIORANDUM INITIALS:
Reviewer:
C0: 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: 0000647 COUNTY: HAYWOOD
APPLICANT NAME: HAYWOOD CO. FAIRGROUNDS PARKING
PROJECT-TYPE: PARKING LOT PERMIT-TYPE: LT26
COE_#: 199203212 DOT-#:
RCD_FROM_CDA: APP DATE _FRM_CDA: 11/04/92
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: 040301 +
STREAM-CLASS: C a?J
STR_INDEX_NO: 6-2-7
c?-o,3_ o S
WL_IMPACT? :nY 'N
WL_REQUESTED:
HYDRO_CNECT?: Y/
MITIGATION?: YQ
;ITIGATION_SIZE: 4jlo-
??r;
WL_TYPE: STR
WL_ACR_EST?: YIN
WL_SCORE (#) :
MITIGATION-TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y N
RECOMMENDATION (Circle One) ISSUE ISSUE/COND DENY
COMMENTS:
c: Regional Office
Central Files
DEM ID: w:: ?+..r.n.?.+vo, r+vn.?MhwK?w??+•MMMM?M?+..n.+if/l..n???....M.AA-
V!.
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 REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] 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.
b. OWNERS NAME: Haywood Countv
©. OWNERS ADDRESS: 420 N Main Street Courthouse'Annex Waynesvifie
.786
Q. OWNERS PHONE NUMBER (HOME): N/A (WORK): 452-6625
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Joe Turner
Box 308
Wa nesville NC 28786
®. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Haywood
NEAREST TOWN OR CITY: Lake Junaluska
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Hi hwa 209 from Lake Junaluska
Approximately 1 mile on right from La e Juna us a Post 0 ice
( NAME OF CLOSEST STREAM/RIVER: Richland Creek
RIVER BASIN: Pigeon River Basin
IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
S I, OR WS II? YES ( ] NO [X]
HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO (X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
.23 acres
/3/n?
? ? •T •. ?. ..? .....n,?..,nw.+-....?n'M'..MPwn/?.yf-.'MMi+.«w.'rl...?•a^„e. mwwM... r o.
-2-
19. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: .23 acres
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .23 acres
?c. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Existing stream to be
tilled and area filled
PURPOSE OF PROPOSED WORK: Create parking for County Fairgrounds
STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS.. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The amount of•wetlands is very limited and a 50 foot buffer
stri will be left adjacent to Richland Creek.
YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
N FWS) 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.
YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
NSPO) REGARDING THE PRESENCE OF HISTORIC PROP
MAY BE AFFECTED BY THE PROPOSED PROJECT? PROPERTIES IN THE PERMIT AREA WHICH
HAVE YOU DONE SO? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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?
I- ?-
/OWNER'S SIGNATURE D I'E ??

1
DEPARTMENT OF THE ARMY' r
WILMINGTON DISTRICT, CORPS OF ENGINEERS Q? M Le,
P.O. BOX 1890 p A
Ire-
WILMINGTON, NORTH CAROLINA 28402-1890 ri
IN REPLY REFER TO AIIFFUSt 27, 1992 -l.? e
Regulatory Branch ??? p? 2? •-?.
Action 1D. 199203212 acct Nit-ionwide Permit No. 26
(Headwaters a ic.l Isolated Wat.c rs)
Haywood County
Attn: Mr. Joe Turner
420 North Main Street
Courthouse AllnCx
Waynesville, North C,irolln,: <;756
NOV 1992
Dear Mr. Turner:
OUP.._
Reference your application of July 8, 1992, for Department of the Army
authorization to fill approximately 0.23 acres of wetlands and an unnamed
headwater tributary to Ri.cliland Creel: in conjunction with the development of
additions 1. parking, area at the Courtly fairgrounds property located off Highway
209 in Lake Jum luska, 11:IyWOOd County, North Carolina. The project has been
reviewed by thu NC klildli1c, Resources Commission (WRC)
for file purposes of thc, 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 was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of drudged or fill material into headwaters and isolated waters
provided:
a. the discharge (toes not cause the loss of more than 10 acres of waters
of the Unitecl States;
b, tl!c, herll!1t1-c'(: llUt-1 t L(•S c-1:?_ Ii1StYi?'I- I'.IlQl.rli:('r .f Lhz' discharge ?:'ould
cause the loss of waters Of the, United States greater than one acre in
accordance with the "Notification" geue.ral corldition. For discharges in
special aquatic sites, including wetlands, the notif.icatiou must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, iilcludiII6 all attendant features, both temporary and
permanent, is part of It sitlc,le- and complete project.
Your wort: is authorized by this tlatiortwide permit provided it is
accomplished in strict accordance. with the enclosed conditions. Please note
- the recommendation given in the attached August 6, 1992 WRC letter. This
nationwide permit does not: relieve you of the responsibility to obtain any
required State or local al;proval. 1rifurmatlon regarding obtaining a Section
401 Water Qu:,l.ity Certification iiiay be obtained through John Dorney, Division
of Environmental Management, at [phone].
-2-
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 David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
M ne Wr ht
hief, 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 21611-7687
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
-2-

N.. t,> ,.ahi_u1o mou. off-t- 14i ctnrir Prnnortiac
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
-3-
(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).
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.
-4-
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 CAMP. 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 CFR 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 fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock-and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. 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).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, 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.
-5-
6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, 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 of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. 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).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Enviroruuental 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.
?G
•

a Yi.
RECEIVED
AUK; 1 0 199'?
REGUTATGAY exANCll
® 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: August 6, 1992
SUBJECT: A review of an application by Mr. Joe Turner on behalf of
Haywood County to fill 0.23 acre in order to develop a parking
area at the County Fairgrounds on Richland Creek, Haywood,
County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr Joe Turner, and professional
biologists on our staff are familiar with habitat values of the project
area. An onsite investigation was conducted on July 29, 1992 for the
purpose of further assessing potential construction impacts on wildlife
and fisheries resources. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d.).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not believe
this project will cause significant effects to waters supporting trout.
Therefore, we do not object to the project as described.
However, we would like to mention that a group in Haywood County has
been trying to clean up Richland Creek. This project and runoff from the
completed parking area could have long-term negative effects on the water
quality of the creek. We-ask that any permit issued for this project
carry the condition that a permanent sediment basin be constructed at the
downstream end of the stream above its confluence with Richland Creek and
that the water be drained from the basin through a Hickenbottom drain
pipe. This should serve to replace the filtering capacity of the
wetlands and reduce sediment entering the stream.
We appreciate the opportunity to provide our comments concerning
this project. If we can provide further assistance, please contact us.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist

INFORMATION SHEET
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOfE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWP S (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length
or greater than an average of one cubic yard per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and
must include a delineation of affected special aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site and must include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites,
including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a
delineation of affected special aquatic sites, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
For activities that may be authorized by the above listed nationwide permits
that require notification, the applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete
notification is received by the District Engineer and no notice has been
received from the District Engineer, and required state approvals have been
obtained. Required state approvals include: 1) a Section 401 water quality
certification if authorization is requested for a discharge of dredged or fill
material, and 2) an approved coastal zone management consistency determination
if the activity will affect the coastal area.
3/30/92

-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation
Office (SHPO), as indicated below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 6, NWP 7,
NWP 12, NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3
acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the
applicant notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of
Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only,
applicants must notify the U.S. Fish and Wildlife Service and/or the National
Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications 2n1v,
applicants must notify the State Historic Preservation Office regarding the
presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
(919) 7.33-4763
Information obtained from these agencies should be forwarded to the Corps.

DEM ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTNt CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5.
LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO [ j
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
3/30/92
J
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
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 FORWARDED TO CORPS.
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 FORWARDED TO CORPS.
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?
OWNER'S SIGNATURE DATE
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DEM ID: 7 ACTION ID:
NATIONWIDE PERMITS THATOREQUIRELNCATION FORMOR
NATIONWIDE PERMITS THAT REQUIRE S :74 I REI T
NATIONWIDE PERMITS THAT REQUIRE I ECTi'?'m r
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
Ainv r ,
ICT ENGINEER
CONCURRENCE
RTIFICATION
WATFR QUALITY PLANNING
DIV ION-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.
(y. OWNERS NAME: Haywood Countv
©. OWNERS ADDRESS: 420 N Main Street Courthouse Annex, Waynesville
28786
OWNERS PHONE NUMBER WOME): _N[A (WORK): 452-6625
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Joe Turner
Box 308
Waynesville. NC 28786
. ",LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: _ Haywood
NEAREST TOWN OR CITY: Lake Junaluska
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
J' Hi hwa 209 from Lake Junaluska
Approximately 1 mile on right from Lake Juna us a post 0 ice
( NAME OF CLOSEST STREAM/RIVER: Richland Creek
RIVER BASIN: Pigeon River Basin
IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
S I, OR WS II? YES [ J NO [X)
HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J No [x]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
.23 acres
?/1/Q1)

.. .. ... ... ... r,..,?n..-.."?T."M:.IMY.rte.y(. yywrrr.w•.?.?,?.r. a t..rwMn...r .r..
-2-
61 FILLED: OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: .23 acres
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: r23 acres
??7 DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Existing stream to be
tillgA-Ud.area filled
PURPOSE OF PROPOSED WORK: Create parking for County Fairgrounds
STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS.. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The amount of•wetlands is very limited and a 50 foot buffer
strip will be left adjacent to Richland Creek.
YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
N FWS) 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.
YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
NSPO) REGARDING THE PRESENCE OF HISTORIC P
MAY BE AFFECTED BY THE PROPOSED PROJECT? PROPERTIES IN THE PERMIT AREA WHICH
HAVE YOU DONE SO? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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?
CJ
OWNER'S SIGNATURE D I'E ??
1 North Carolina Wildlife Resources Commission 0
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 &Ut?' Z??
DATE: August 6, 1992
SUBJECT: A review of an application by Mr. Joe Turner on behalf of
Haywood County to fill 0.23 acre in order to develop a parking
area at the County Fairgrounds on Richland Creek, Haywood
County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr Joe Turner, and professional
biologists on our staff are familiar with habitat values of the project
area. An onsite investigation was conducted on July 29, 1992 for the
purpose of further assessing potential construction impacts on wildlife
and fisheries resources. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d.).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not believe
this project will cause significant effects to waters supporting trout.
Therefore, we do not object to the project as described.
However, we would like to mention that a group in Haywood County has
been trying to clean up Richland Creek. This project and runoff from the
completed parking area could have long-term negative effects on the water
quality of the creek. We ask that any permit issued for this project
carry the condition that a permanent sediment basin be constructed at the
downstream end of the stream above its confluence with Richland Creek and
that the water be drained from the basin through a Hickenbottom drain
pipe. This should serve to replace the filtering capacity of the
wetlands and reduce sediment entering the stream.
We appreciate the opportunity to provide our comments concerning
this project. If we can provide further assistance, please contact us.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist