19920598 Ver 1_COMPLETE FILE_19921115

.A"- `S
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 23, 1992
Regulatory Branch
SUR=: Action ID. 199300067 and Nationwide Permit No. 20 (Oil Spill
Cleanup)
Mr. Barry W. Blalock
Plant Manager, U.S. Textile Corporation
Post Office Box 516
Newland, North Carolina 28657
Dear Mr. Blalock:
Reference your October 7, 1992 application for Department of the Army
authorization to excavate and fill wetlands, as part of an oil spill
cleanup at the U.S. Textile plant, adjacent to Kentucky Creek, in Newland,
Avery County, North Carolina.
Oil was discovered leaking from an effluent pipe on the property due to
a boiler blowing down from the adjacent textile mill. As a result of this,
U.S. Textile excavated a small collection basin to contain the oil,
(approximately 20 feet wide by 10 feet long by 2 feet deep at the effluent
pipe) and constructed a spillway ditch (approximately 40 feet long by 3 feet
wide by 2 feet deep) fed by two 6 inch pipes through the basin dam from the
basin to Kentucky Creek in an alder dominated wetland. In addition, a
contractor, (Four Seasons Industrial Services, Incorporated) has been hired to
clean the oil out of an effluent ditch (approximately 300 feet long by 2 to 15
feet wide by 1 foot deep) created by years of runoff from the property flowing
out of the effluent pipe (mentioned above) to Kentucky Creek. The contractor
will excavate the oil out of the effluent ditch and contain it on high ground
on the property. Staging areas for heavy equipment have been cleared near the
creek with one area having been cleared in wetlands. The total impact on
wetlands as a result of the above activities is approximately 0.2 acres.
This project has been coordinated with the NC Wildlife Resources Commission
and the NC Department of Enviromment, Health, and Natural Resources.
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 was provided for activities required for the containment and
cleanup of oil and hazardous substances which are subject to the National Oil
and Hazardous Substances Pollution Contingency Plan, provided that the work is
done in accordance with the Spill Control and Countermeasure Plan required by
40 CFR 112.3 any any existing State contingency plan and provided that the
Regional Response Team concurs with the proposed containment and cleanup
action.
A `O
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-2-
Your work is authorized by this nationwide permit provided it is
acccnplished in strict accordance with the enclosed conditions. In addition,
you have agreed to take the following measures after the oil spill cleanup is
cxxpleted:
1. Basin spillway ditch will be rock lined and bare soil mulched in order
to prevent siltation into the creek. In addition, basin dam will be mulched.
2. Spoil piles excavated from the basin and from staging areas will be
removed from the wetlands and placed on high ground or back into effluent
ditch.
3. Clean soil material will be backfilled into the effluent ditch where
oil was excavated out.
4. Staging areas established in wetlands will be graded, raked, mulched,
and allowed to revegetate naturally.
This nationwide permit does not relieve you of the responsibility to obtain
any required State or local approval.
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 commexioe in reliance upon the nationwide permit will remain
authorized provided the activity is oowpleted 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.
?p?, Asheville
Questions or ts may be addressed to , Regulatory Branch, telephone [phone].
Field Office
sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
Copies Furnished (without enclosure) :
Mr. John Parker
North Carolina Department of
Env9ronwmt, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water,Quality Section
Div' ion of Environmental Management
N Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
NC Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752*
Mr. Doug Stancil
Four Seasons Industrial Services, Incorporated
3107 South Elm-Eugene Street
Post Office Box 16590
Greensboro, North Carolina 27416-0590
4
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1 O 3-3391
Charles R. Fullwood, Executive Direct Q
October 9, 1992
Mr. Robert Johnson, Office Manager NOV
U.S. Army Corps of Engineers
Regulatory Branch
Room 75, Grove Arcade Building
Asheville, North Carolina 28801
SUBJECT: A review of an application by U.S. Textile Corp. to
excavate and fill wetlands adjacent to Kentucky Creek,
Avery County as part of an oil spill cleanup
Dear Mr. Johnson:
The U.S. Textile Corp. is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission (NCWRC) to
obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC has reviewed information provided by the applicant, and
field biologists on our staff are familiar with habitat values of
the project area. A site visit was conducted on October 5, 1992.
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
proposed.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance, please advise.
Sincerely,
?V
Christopher J. Goudreau
District Fisheries Biologist
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
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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 15, 1992 A. Preston Howard, Jr., P.E.
Williarn W. Cobey, Jr., Secretary Acting Director
Mr. Barry Blalock
U. S. Textile Corporation
Box 1210
Newland, North Carolina 28657
Dear Mr. Blalock:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Oil Spill Cleanup
Mitchell County
DEM Project # 92598
Upon review of your request for Water Quality Certification
to place fill material 0.22 acres of wetlands for oil spill
cleanup into a tributary of Kentucky Creek located at your plant
site in Mitchell County, we have determined that the proposed
fill can be covered by General Water Quality Certification No.
2745 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. 20.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICFS
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
Preston Howard, Jr. P.E.
APH:JD
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DP ID: Z,
MAU 20
ACTION ID: 1`930067
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
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 ENVIRON
NC DEPARTMENT OF EN
AND NATURAL RES
P.O. BOX 29535
RALEIGH, NC 27626-0
ATTN: MR. JOHN DORNEY
Telephone [phone]
4C
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OCT 419m r
WATFR QUAD i r Z)L
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.
V

/1. OWNERS NAME: (J 5. TEKT/<- E GO2/?.
V '2 . OWNERS ADDRESS: 4o x 12. I O
/V wcrAAl O .L . 2.l9G 57
V/o'3. OWNERS PHONE NUMBER (HOME) : 704-733 - 5/40 (WORK): 70a - 7 33-9 Z44-
V/oo'4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: ,

/6.
v/7 .
8.
WS
/
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: A 1,rc#EL1-
NEAREST TOWN OR CITY:.. _ AIEI.vLA.??D
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS'
NAME OF CLOSEST STREAM/RIVER : kEA/TU r -,k
C
RIVER BASIN:
IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
I, OR WS II? YES ( ) NO ( ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO [)C)
IF YES, EXPLAIN.
V10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2 -3 flecRFs
2/3/92

-2-
V '1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: -o-7
DRAINED:
FLOODED:
EXCAVATED: ,115
TOTAL IMPACTED: .21
/12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): USE /fEAYti rN??
-rt. I__. -
-J9AJ Ex cA?ATE OIL SP?c[ Fans, rNF Plt4 /'T- v
13 . PURPOSE OF PROPOSED WORK: C c- oa q,y a,.#p o i L..
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 [ J
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?
? ?'? ?o _-7 _9 L
' SIGNATU DATE
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MAU 20
DEM ID:?S /D
ACTION ID: 1`7930o67
JOINT NATIONWIDE PERMITS THATREQUIRELNOTIFO R
NOTIFICATION TO THE DISTRICT ENGINEER
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
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTA
NC DEPARTMENT OF ENVI
AND NATURAL RESOU
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY"
Telephone [phone]
OCT I A 19W
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C?RPS"OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
/ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
V

?1 . OWNERS NAME: 7-E x T/ <- E G'O 210,
2. OWNERS ADDRESS: ?o K /'L 1 O
VI"3. OWNERS PHONE NUMBER (HOME): 704-733-45/9,c' (WORK): 704- - 7 33-y Z4?-
?4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS
PHONE NUMBER: ,
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: A I-rcRELL
NEAREST TOWN OR CITY;.. AVEcvLAA1D
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS. LANDMARKS- FTr. I.
6 . NAME OF CLOSEST STREAM/RIVER : /<En/TGI c k
? 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 PROPERTY? YES [ ] NO [X) E ON THIS
IF YES, EXPLAIN.
k,/'10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2 ` 3 IleRfs
2/3/92
Fv.?.
f
-2-
/1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED. -o-7
DRAINED:
FLOODED:
EXCAVATED: .15 ?'o
?
/ rt
TOTAL IMPACTED: .2 2
/12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): USE /fEAv?
-*?- - - - -
AwD X cAvATE oft- SP??[ Ftvr„ TNF #"ciy i-- v
13. PURPOSE OF PROPOSED WORK: C " ,aAN -,P o ic-
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 [ J
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?
? -a
%VE'- SIGNATU DATE
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