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HomeMy WebLinkAbout20040046 Ver 1_COMPLETE FILE_20040114?Q,O? wH,?RpG February 3, 2004 DWQ# 04-0046 Henderson County Mr. David Hanks Director of Water Resources Department City of Asheville P.O. Box 7148 Asheville, NC, 28802 APPROVAL of 401 Water Quality Certification with Additional Conditions SUBJECT: Mills River Water Treatment Plant Intake Expansion Dear Mr. Hanks: You have our approval, in accordance with the attached conditions, to excavate 20 linear feet, place rip rap in 30 linear feet, an intake structure in 13 linear feet, and gabions in 36 linear feet of the French Broad River in order to construct the Mills River Water Treatment Plant Intake Expansion in Henderson County, as described in your application received by the Division of Water Quality on. January 14, 2004. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3374 and 3399, which can, be viewed on our web site at httr):flh2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Numbers 12 and 13 when issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Randleman Buffer Rules, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires :unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change,your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below: 1. Upon completion of all work approved within the 401 Water Quality Certification, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act; N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 _ ivucuaci r. na?icy, vvvcauvi William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Mr. David Hanks Page 2 of 2 February 3, 2004 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Upstream and downstream monitoring of turbidity levels shall be conducted twice daily during any construction activities involving instream or streambank work. The turbidity limit shall be 50 NTU's downstream. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask fora hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kevin Barnett in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in our Central Office in Raleigh at 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Central Files File Copy Richard Carrier, 309 East Morehead St., Suite 160, Charlotte, NC, 28202 040046 MEMORANDUM TO: John Dorney Regional Contact: Barnett, Kevin Non-Discharge Branch WQ Supervisor: EnrrP?t Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Mills River Water Treatment Plant Intake Project Number 04 0046 Recvd From APP Received Date 1/14/04 Recvd By Region Project Type construct new raw water intake County Henderson County2 Region Asheville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Type Type Impact Score Index Prim. Supp. Basin Req. Stream Impacts (ft.) Feet Req. Elm 12 Stream P-7 OO N 6-(52.5) WSN CA 40,302. F 50.00 F-- F O? © r-?(-?o. 1 7 71 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y QQ N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y (0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 352300 Longitude (ddmmss) 823200 Comments: Upstream / downstream turbidity monitoring twice daily during "instream" and streambank construction. Turbidity limit of 50NTU downstream, cc: Regional Office Central Office Page Number 1 Date: Triage Check List Project Name: "Irf DWQ#: C/ ?G County: To: --DI ARO NfiCcilla ker ?' Wa.RO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Steve Mitchell jr h// x, a From: os-P . Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching FlAre the stream and or wetland mitigation Sites available and viable? ,2?Check drawings for accuracy - el<OS' ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments; 309 East Morehead Street Suite 160 Charlotte, North Carolina 28202 Tel: (704) 358-7204 Fax: (704) 358-7205 www.brownandcaldwell.com 1 n CROUP January 12, 2004 JAN 1 4 2004 :v? Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 23050 Subject: Mills River Water Intake Expansion 401 Water Quality Certification Package Dear Mr. Dorney: Enclosed, please find an application package for the Mills River Water Intake Expansion. Included in the package are a completed Pre-construction Notification Application Form, site plan, water intake profiles, vicinity map, location map, USGS Topographic Quad Map, and NRCS Soil Survey. Also included is the Nationwide Permit 12 and 13 verification, a letter stating no additional review is required under the State Environmental Policy, a letter of concurrence rom t e o aro ma i dlife Resources ommiss>on, an copies of previous United States Army Corps of Engineers (USACE) and North Carolina Division of Water Quality (DWQ) applications and approvals. Permanent impacts to the site will include river bottom dredging and shoreline excavation. Bank stabilization will be implemented to minimize erosion and riprap will be placed on the river bottom at the entrance to the intake to reduce scouring potential. Thank for your assistance in this matter. If you have any questions of if I can provide any additional information, please do not hesitate to contact me or Travis Wagner at (704) 358- 7204. Very truly yours, BROWN AND CALDWELL ?. Richard A. Carr>er, P.E. Project Manager RAC:TW:dm Enclosures cc: Mike Brookshire, Regional Water Authority of Asheville-Buncombe, and Henderson P:\23050 - Asheville - Water Plant Study\WP\Letters\L020 - Dorney - Cover letter for Division of Water Quality 401 Certification.doc E n v i r o n m e n t a l E n g i n e e r s ea' C o n s u l t a n t s 040046 JAN02 1004 U.S. ARMY CORPS OF ENGINEERS ^1'10WN M10 CALDWEL WILMINGTON DISTRICT Action Id. 2004'10210_WW 1?_ County Wendergnn Quad SKVI,AI?M 200430211-NW 13 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: City of Asheville, David Hanks, Director Water Resources Department WETLANDS/ 401 0P,01 RP Address: PO Box 7148 Asheville, NC 28802 Telephone No: (828) 259-5955 _ ,jA N 1 4 ?004 Zone: 44 UTM or LAT/LONG: North: 3917120 East: 639155 E WATER QuALr,a ;, a Size and Location of project (water body, road nametnumber, town, etc.) in the French Broad River just above the confluence of the Mills River off of Highway 191 in Mills River Community, Henderson County, North Carolina. Description of Activity: to construct a new raw water intake on the French Broad River The water intake structure will be constructed flush with the river bank. The project will require the construction of a temporary cofferdam, the excavation of a 20-foot by 10-foot area, the installation of 30-feet of riprap, and the installation of 36-feet of gabions. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) _X_ Section 10 (River and Harbors Act of 1899) Authorization: Nationwide Permit Numbers 12 and 13 Your work is authorized by these Regional General (RGP) or Nationwide Permits (NWP,s) provided it is accomplished in strict accordance with the attached conditions, those outlined in the attached December 16, 2003 NC Wildlife Resources Commission letter, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work- if didff ques consrega g is au horiz ion-or-ariy?o `the con rons - - enera i or atilt onwide - -- Permit, please contact the Corps Regulatory Official specified below. Date: flacem>sr 313, 21303 Corps Regulatory Official: David K. Baker Telephone No.: (828) 271-7980 x 225 Expiration Date of Verification: December 30, 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 991 1344 -t6 0 ® North Carolina Wildlife Resources Commission 16 December 2003 Charles R. Fullwood, Executive Director Mr. David Baker U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT. Miffs River Water hitake Expansion 404 Permit AWtication French Broad River Henderson County, North Carolina Dear Mr. Baker: Brown and Caldwell, on behalf of the City of Asheville, are 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. We have reviewed information provided by the 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). The applicant proposes to construct a new raw water intake on the French Broad River to serve the Mills River Water Treatment Plant. This expansion was part of an environmental assessment that was conducted in 1996, and the applicant is now applying for the 404 permit for a water intake. The applicant has indicated that the intake is only intended for use dorm severe drought conditions when the Mills River intake does not prove a oats ow to the plant. e p ec gmg a fiver ttom with a crane and bucket, excavating the river bank, and placing gabions around the structure for bank stabilization. Excavation will be 20 feet deep by 10 feet wide around the existing intake and river bank and will be conducted with a backhoe. Also, existing concrete will be removed, a 15 feet deep by 10 feet wide excavation will be conducted with a backhoe to install two 12-inch diameter flushing water pipes, and then concrete A freshwater mussel survey was conducted on 27 September 2003 on the French Broad River along the reach and approximately 200 feet downstream and 100 feet upstream of the site. Survey results revealed the presence of live state threatened Leper (Strophitus undulates) and shells and slippershell mussel (Alasmidonta viridis) shells. In addition, we have records for the presence of the federal and state endangered Appalachian elktoe (Alasmidonta raveneliana), the federal species of concern and state endangered 'T'ennessee heelsplitter (Lasmiggona holstonia), and the federal species of concern and state significantly rare blotched chub (Erimystax insignis) and hellbender (Cryptobranchus alleganiensis) in the Mills River. Further, this section of the French Broad supports many other non-game species and game species including muskellunge Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 TP1Pnhnnp- !9191 7111-2!.11 pvt 7R1 • Paw /4141 71 S_7AAA Page 2 16 December 2003 Mills River Intake, French Broad Henderson County (Esox masquinongy), smallmouth bass (Lepomis dolomieui), and largemouth bass (Lepomis salmoides). NCWRC biologists have met with Water Authority personnel in the past about engineering oxbow type wetlands adjacent to the French Broad River near this site to reconnect the river in places with its floodplain and improve muskellunge spawning habitat. This may be an opportune time to begin this habitat improvement pproject and recommend that the Water Authority contact District Fishery Biologist Scott l:oftis at (828) 452-0422 ext. 22. We recommend that the following conditions be incorporated into the permit to minimize impacts to fish and wildlife resources. However, if the intake will be used in the future on a more routine basis or for extended use, the permit should be reevaluated as additional protective measures may be necessary. 1. Intake structures should have passive screens with a mesh size of 1 cm or less and water intake velocity should not exceed 0.5 feet/second. This screen size and velocity should mmim,?e lmpingemen an en eggs, aim and larvae. 2. Due to the potential presence of a federally endangered mussels and the known presence of state listed mussels from the survey reach, a freshwater mussel survey of the footprint area should occur justprior to dredging. Please contact Non game Aquatic Biologist Steve Fraley at (828) 627-8414 prior to beginning this work. 3. Adequate sedimentation and erosion control measures must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting in conjunction with appropriate seeding should be used on disturbed soils adjacent to streams. 4. If concrete- is used during construction, a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts live concrete should not be discharged to surface waters due to the potential for elevated pH. 5. A stormwater management plan to address quality and quantity of stormwater discharged from impervious surfaces should be implemented. 6. Riprap placed for bank stabilization should be limited .to the streambank below the high- 7. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials 8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. r Page 3 16 December 2003 Mills River Intake, French Broad Henderson County Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact Dave McHenry at (828) 452-2546. Sincerely, Danielle Pender Acting Mountain Region Coordinator Habitat Conservation Program cc: David Hanks, Director Water Resources Dept., Applicant Travis Wagner, Brown & Caldwell Mark Cantrell, USFWS E- oPP Michael F. Easley, Governor ?a? .ar ?.l1? 1 •VG 00' M. WA NCDENR North Carolina Department of Environment and Natural Resoumes i ? LI NOV062003 MEMORANDUM TO: FROM: RE: DATE: Jim MCRight Division of Environmental Health Melba McGeeV Environmental Review Coordinator William G. Ross Jr., Secretary PUBLIC WATER SUPPLY SECTION $#95-0951 Mills River Water Treatment Facility, Buncombe County November 6, 2003 This is to advise your office that the information provided regarding the subject project satisfactorily resolves previously expressed concerns. No additional review is required under the State Environmental Policy Act. We appreciate the attention given to the concerns of this department. 1601 Mail Service Center, Raleigh, North Carolina 276991601 Phone: 919-733-4984 \ FAX: 919-715-3060 \ Intemet: www.ennstate.nc.us/ENR An Equei opportunity\ Affirms ive Action Employer-,50% Recycled \ 1o% Post Consumer Paper TOTAL P.02 t" - "-0 7J UZ) • 104W M ?M Y4Tt ? North Carolina Department of Administration James B. Hunt Jr, Governor P.1 Katie G. Dorsett, Secretary August 21, 1995 Z.` V Ms. Linda Sewall N.C. Department of Environment, Health, and /y °F4111R Natural Resources Division of Environmental Health N FNr9( y 1330 St. Mary's Street ?Z,,d Raleigh, North Carolina 27611 Dear Ms. Sewall: Re: SCH File #95-E-4300-0951; Environmental Assessment and Finding of No Significant Impact for the Asheville-Buncombe Water Authority and Henderson County ••Regional•Water Resources Program The above referenced environmental impact information has been reviewed through the State Clearinghouse under the-provisions of the North Carolina Environmental Policy Act. No comments were made by any state/local agencies in the course of this review. Therefore, no further environmental review action on your part is required for the compliance with the Act. Best regards. Sin=erely, CB/jf cc: Region B Ms..Chrys Baggett, Director '--rate Clearinghouse 116 West ]ones Streer a halel h, North Carolina 27603.()03,' Telephone 919-733-7232 Sta.. 00 75 hnss_e... _ Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12/13 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ?N/A 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ?N/A 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ?N/A II. Applicant Information 1. Owner/Applicant Information Name: City of Asheville, David Hanks, Director Water Resources Department Mailing Address: P.O. Box 7148 Asheville, NC 28802 Telephone Number: (828)259-5959 Fax Number:_(828)259-5710 E-mail Address: davidhgmail.ci.asheville.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Nanie* - -- Richard Carrier. PF - -- - --- ---- Company Affiliation: Brown and Caldwell Mailing Address: 309 East Morehead Street Suite 160 Charlotte NC 28202 Telephone Number: (704)358-7204 Fax Number: (704)358-7205 E-mail Address: RCarrier@Brwncald.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however,_ DWQ_ may accept- paperwork._ of. any. size. _ DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Mills River Water Treatment Plant Intake Expansion rojec Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 00964153994255 4. Location County: Henderson Nearest Town: Fletcher, NC Subdivision name (include phase/lot number): N/A, Water Treatment Plant Directions to site (include road numbers, landmarks, etc.): The plant location is just past the -- -----------intersection-of -H-a- wood-Road-7H way and Hoober Lane on the--e At the intersection of Haywood Road (Highway 191) and School House Road Physical address: 4037 Haywood Road. 5. Site coordinates, if available (UTM or Lat/Long): N 35° 23.278' W 820 31.954' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 332.21 7. Nearest body of water (stream/river/sound/ocean/lake): French Broad River Mills River and 2 Unnamed Creeks - 8. River Basin: French Broad River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: A portion of the property is currently operated by the Mills River Water Treatment Facility. The remainder of the site is undeveloped Land conditions Page 6of13 onsite are well to moderately maintained grassy areas with few trees. Surrounding area features include farm land and residential. The watershed is WS-IV. 10. Describe the overall project in detail, including the type of equipment to be used: River dredging will be conducted by a crane with a drag bucket. A backhoe will conduct a 20 feet deep by 15 feet wide excavation at the river bank. This area will be surrounded by a coffer dam until the intake construction is complete. Upon intake construction, gabions will be placed around the structure for bank stabilization according to required standards. An excavation 20 feet deep by 10 feet wide will be conducted between the existing intake and the river bank by a backhoe. The purpose of this excavation is to install the two 30-inch diameter pipes from the new intake structure to the existing intake channel. Existing concrete must be removed and a 15 feet deep bv_ 10 feet .wide- excavation _will. be_ conducted with a backhoe to install the two 12-inch diameter flushing water pipes. Removed concrete will be replaced. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to construct a new raw water intake on the French Broad River, which was previously approved, at the Mills River Water Treatment Plant. The intake is only intended for use during severe drought conditions during which. the Mills River does not provide -adequate flow to the plant. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were ism r wi`thdrrawn. Provide pho ocopies --of previously isr- sued permits, --- certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Nationwide Permit No 13 was obtained for the Mills and French Broad River intakes on April 5, 1996 (Action ID No. 199600860, Application Date: January 18, 1996). A Nationwide Permit No. 7 was obtained for an outfall structure on April 5, 1996 (Action ID No. 199600860, Application Date: January 18, 1996). A 401 Water Quality Certification for filling 0.45 acres of wetlands or waters for the purpose of constructing a raw water line and raw water intake was approved on March 29, 1996 (DEM Project # 960052) Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests anticipated. Page 7 of 13 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description,_please_attach .a sepalrate.sheet._ ._- _ 1. Provide a written description of the proposed impacts: Water intake structure will be constructed flush with the French Broad River bank to avoid any alteration of river flow. Dredging of the river and installation of a temporary coffer dam is necessary during the construction of the intake. Silt fences will be installed by the contractor to avoid sediment deposition in to the French Broad River caused by runoff. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area_ of_ Impact acres _ Located within_ 100-year Floodplain** es/no _ Distance to Nearest Stream linear feet Type of Wetland*** N/A N/A N/A N/A N/A N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci 1 Excavation 20 feet French Broad River 150 feet Perennial 2 Intake Structure 13 feet French Broad River 150 feet Perennial 3 Riprap 30 feet French Broad River 150 feet Perennial 4 Gabions 36 French Broad River 150 feet Perennial Page 8 of 13 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 50 feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody applicable) (if Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A N/A N/A N/A N/A * List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should L,. a .. i..a 1---. --A :11.,x+«..+°a ..« ....., «...,,....«..l.,asa -44-1. +t.:. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond:_N/A Expected pond surface area:_N/A VII. Impact Justification (Avoidance and Minimization) - --information re-rafedTo side constraints such-as topography,- building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The current design offers the least impact to the French Broad River of all the designs considered. Other design alternatives were pipes extending into the river or a mid-river crib. Page 9 of 13 These designs would require significantly more dredging and would alter river flow. The current design keens dredging to a minimum and does not alter river flow. Also bank stabilization measures will be implemented to reduce erosion VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE ---In accordance with the Final.-Notice of-Issuance.-.and Modification_ of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland ers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration --- ------- in DWQ'b--Hraft Technical--Guide- for-Stream-Worms-in North Carolina, available at htti):/Wo.enr.state.nc.us/ncwetlands/strmszide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the Page 10 of 13 NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by_DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the its of the a ions or Nofth Carolina nviromnent Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ®- -_No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B - - - A_'* tug - - - Water Supply Buffer Requirements), or other (please identify WS-IV Watershed Protection Buffer Per NC AC 15A the required buffer is 30 feet The plant proyerty is a low densily development with an impervious percentage of 4.5%. However, due to the fact this is a Yes ® No ? If you answered "yes", provide the following information: Page 11 of 13 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total - * - -Zone 1 extends out-30 feet perpendicular- from near-bank ofchannet Zone-2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Consei vation Easement, Riparian B aff-ei Restonition / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in. order to protect surface waters and wetlands downstream from the property. A sediment and erosion control plan will be implemented to minimize sediment discharge into rivers and streams. Therefore, the pre- and post development runoff will be the same. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Project will not generate any additional wastewater. Underground sewage treatment (septic is onsi e. ermi enni No.. NC008_551 1) was issue on Mav 24. 1996. Me permit allows 3?i?m?11? total suspended solids as a monthly average anci0.l mLL, settleable solids on a monthly average. Daily maximums are 45 mg/L total suspended solids and 0.2 mL/L settleable solids. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Page 12 of 13 Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or'sequencing that may impose limits on work schedules (e.g.,_ draw-down schedules for lakes, dates _associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Quick review and issuance. of this/these permit(s) is necessary so that construction of the raw water intake may be complete before the next period of drought. During drought conditions, the Mills River dries up and minimal flow from the French Broad River backs up into the Mills River and enters the existing raw water intake. When the intake on the French Broad River is complete, capacity ow can enter e plant i ing regions water reauiremen s. Me progose intake is only intended for use during such severe drought conditions. C? C? ? //- 19-0-S Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 :V-3050 - Asheville - Water Plarrt NOTES: NOV 14, ZUU.5 - 1. MATCH EXISTING RIVER BOTTOM AT EDGES OF DREDGED AREA. 0 a ??J? ? ? \IS ov EXISTING INTAKE EXISTING CONCRETE;' EXISTING ' PUMP STATION \ EXISTING GRAVEL 2051- / % 19- 0 a ?f 2052??' z53? I ?? PROPOSED INTAKE (SEE FIGURE 2 FOR PROFI?E) PROPOSED RIP-RAP (APPROX 250 SQ FT) w Q ir m U w ir f ' . ...... APPROXIMATE AREA ?4D l (l/ TO BE DREDGED I \ (APPROX. 1300 SF- SEE NOTE 1) I PROPOSED GABION SHORE STABILIZATION (SEE FIGURE 2 FOR PROFILE) r\ 0 30 60 SCALE IN FEET EXISTING BACKWASH LAGOON EFFLUENT B R O W N AND C A L D FIGURE 1 SITE PLAN W E L L n to ro d? Cr1 r? z rd ?-n o? M m Cl) N PA23050 - Asheville - Water Plant Stud \Cadd\NWP-FIGURE 2.dw Nov 14, 2003 - 2:21 m shayes 0 07 a r m c z m m m m r r- N N O p , CA) CA) 9) CD I o i x X m ? G7 r I Z m I ?° `?' I o °m WOG) m c? o 0-00 -n Z I I O N ovo I z;u z v m u' ?I m I M mvm I O I I v CO -? o0 o m z O I m I ° °W 0F z ° M X v m --1 0 m -?-? o <? ° ?z l I z? o m mZ ? z 0 X0 I ° I I mr"' ro= o ;o I I o0 I o0 I o o I wv 90 ° I ?;u I CYI ;a m m X I I I ? I i Vicinity flap 18,000 36,000 72,000 L ation Map CREW Intake Expansion Location Property Bounde Mills RiuerWater Treatment Facility 4037 Haywood Road Horseshoe, NC 28742 N ' A \?r r Feet 4li?E N ??b4' ,oOMa ?? ?.I 0 800 1000 3200 USGS Topographic Quad Map for the Mills River Water Treatment Plant NRCS Soil Survey for the Mills River Water Treatment Plant 407 WATER QUALITY CERTIFICATION 2 c 16f State of North Carolina IT 2 Department of Environment, I;VA Health and Natural Resources lffl? Division of Environmental Management A&4 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary H A. Preston Howard, Jr., P.E., Director March 29, 1996 Henderson County DEM Project # 960052 APPROVAL of 401 Water Quality Certification and ADDTIIONAL CONDITIONS Mr. Michael Holcombe Director of Water Resources Asheville-Buncombe Water Authority P.O. Box 7148 Asheville, NC 28802 Dear Mr. Holcombe: You have our approval to place fill material in 0.45 acres of wetlands or waters for the purpose of constructing a raw water line and raw water intake for the Mills- River Regional Water Treatment Facility, as you described in your revised application dated 21 NI[arch 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2665, 3027 and 3022. These certifications allow you to use General Permit Numbers 049 and Nationwide Permits 7 and 13 when they are issued by the Corp of Engineers. This Certification replaces one issued on 31 January 1996. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. An anti-seep collar shall be added at crossing #4 at its downslope site. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files Karin Hull; CDM Sincerely, e o Howard, . E. 960052.1tr Environmental sciences Branch, 4401 Reedy Creek Rd., Raleigh. NO 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycledll0% post consumer paper 169 GENERAL CERTIFICATION FOR'BANK S PROJECTS -INCLUDING PROJECTS •• ELIGIBLE FOR CORPS OF ENGINEERS 'N IOM-71DE PERMIT -NUMBER • •13 • AND : REGIOl`F. PERMIT 080 s =General' Certification is issued in eQnform#y: wi--h the :requirements. of Section 401, Public'.Laws 92-500 and 95-217 0? the United States. and.-subj ec.t to the North:.CArolina Division' of Envi- • ronmental Management-Regulations in 15A NCAC 2H, Section .0500 and 15A••NCAC 2B'-.0109 And .0201-.for t:he, d:Lscharge' of fill Taate- rial to waters as described in 33 CFR•330 AppeHd.ix"A (B) (13) of the Corps of Engineers. regulations (i.e. Nationwide"Permit No. 13 ) and Regional Permit 080.• The category of :activities •s?hall include any fill activity for bank stabilization as -long .s impacts to iaaLters or significant wetlands are minimized.. This Certification replaces - Water Quality Certification Number 1663 i:ssued•on September 8,•1983; and Water Quality Certification Number 1272 issued-November 10, 1978.• • The' State of North Carolina certifies that the' specified category of activity will not 'violate •Sectidns 301, 302, 303, 306 and '30.7 of the Public' Laws 92-500 and 95-217 if• conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: .1. Proposed bank stabilization greater than or equal. to 500 feet in length requires written concurrence. from the Division of Environmental Management. 2. Proposed bank stabilization' less than 500 feet in length does not require written concurrence from the Division of Environmental Management as long as all the following conditions are met; 3• That established sediment and erosion control practices are utilized'td prevent violations of the appropriate turbidity water quality standard (50 N•=Us in strews and rivers not designated as trout waters by DEM; 25 N-TTJs in • • all. saltwater classes, and all. lake :' and -reservoirs; 10 )ITUs in DEM-classified trout waters); - ?. That the riprap shall be of such a size so as not to be able to be carried off by wave or current action and con- sist of clean rock-or masonry material free. -of de3o- is or toxic pollutants; S. That additional site-specific conditions may be added to projects proposed under_ this Certification in order to ensure compliance with all applicable `crater quality and effluent standards; 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with craters of the state`-ntil the concrete has hardened. 7. Concurrence from DEM that this Certification applies to an i.ndivdual project shall expire three years from the "?• date of the convey letter from DEM. lion.-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. The Director o' the North Carolina Division of Enva.ro-:.-lc •: rc- -.S io.n nta1170 `9 ai??ifi?' Ilip`J _1?.! 5'oL1??iT1 ?- of .'.'n1 1ii _ application =0?- individual certification:for?a7zy:project.in ;this category of activity., if•.it.is determined ''th'at':th ,:project. i$ likely to have. a' Significant adverse effect"'u 'on water .waters."so that ex_sting uses o•f the 'wetland or or degrade the or do;;nstieani waters • are precluded.. Public' hearins'• may b'e' held' fors ecific a ; • p . applications or group.of applications pz br to a Certi'-f icatvion..decision* if deemed in the . public's • best 'interest by the Director - of the North Caro- lina Division>of•=nvirbnmental Management. This is the 2 st day of January, 1992- DIVISION F .ENVIRONMENTAL I-WRAGEMENT By ??- George Everett, Director'* gencert.l3 jrd/gc WQC# 2665 171; GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0109 and .0201 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in 33 CFR 330 Appendix A (B) (44 5, 7, 13, 20, 22, 27, 32, 36, and 37) of the Corps of Engineers regulations. This Certification replaces Certification Number 2745. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. These activities do not require written concurrence from the Division of Environmental Management as long as they comply with all conditions of this General Certification. 2. The use of Nationwide 23 (Categorical Exclusions) requires written notification to DEM of the extent of impact to.waters and wetlands; ih 3. That established sediment and erosion control practices are utilized to prevent violations of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters); 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 5. The use of Nationwide 13 shall minimize fill in significant wetlands and waters. 6. This Certification shall expire when the appropriate Nationwide Permit is reissued, expires or is modified. 172 WATERSHED PROTECTION), AND REGIONAL PERMIT lZb (BURT KADIrb) Non-compliance with or violatior• of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. This is the v day of September, 1995 DIVISION O ENVIRONMENT Z MANAGEMENT By A. Preston Howard,-fir, p,E. Director W4C # 3027' moregen.cet A" 173 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 6. 1995 MEMO LT."A A14 0 *A A HNR To: Wetland consultants and municipalities From: John Dom r xx'`1 / Re: Modification to Certification for Nationwide Permit 12 - Utility lines The Division of Environmental Management (DEM) has reissued the General Certification (GC) for Nationwide Permit 12 and Regional Permit 049. The new GC will expedite the permitting process and clarify for the applicant conditions necessary for a certifiable project. The significant changes are: 1) No fertilizer applied within 10 feet of streams; 2) Anti-seep collars every 150 feet in wetlands; 3) Restore to original contours after construction. A specific plan is needed; 4) Rip rap is restricted to stream bottom and banks directly impacted by the utility line; 5) The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet in width; 6) Construction corridors parallel to streams shall be placed at the furthest distance from the stream to the maximum extent practicable; and 7) Although you still need to apply to the U.S. Armv CoTps of Engineers for these permits, written concurrence from DEM is no longer needed provided that all conditions of the General Certification are followed. Written concurrence is required if the utility line :s installed parallel and closer than LO feet to a stream or if the line crosses a stream channel at less than 75 degrees or more than 105 degrees (I.e.. not perpendicular stream crossing). A copy of the revised GC is enclosed for your information. DEM will be making compliance site inspections. Should the utility line be installed such that a condition is violated, remedial actions including utility line relocation or installation of anti-seep collars fines may be imposed. Should you have any questions, please contact Eric Galamb or John Domey at (919),733- 1786. nw 12.mun P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telechone 910.733-7015 FAY o10-733-9eoA- 174 GENERAL CERTIFICATIONS FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR REGIONAL PERMIT 049 (UTILITY LINE BACKFILL AND BEDDING) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0109 AND .0201 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., include any fill activity for utility line backfill and bedding. This certification replaces Water Quality Certification Number 2664 issued on January 21, 1992 and is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 049. The State of North Carolina certifies that the specified category of activity wiii not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Environmental Management (DEM) as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit 049; 2. Written concurrence from DEM is required if the utility line is installed parallel to and closer than 10 feet (3 meters) to a stream or if the utility line crosses a stream channel at less than 75 degrees or more than 105 degrees (i.e., not perpendicular stream crossing) of the stream bank; 3. Construction corridors parallel to streams shall be placed at the furthest distance from the stream to the maximum extent practicable; 4. That established sediment and erosion control practices are utilized to prevent violations of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by' DEM; 25 NTUs in all salt water classes, and all lakes and reservoirs; and 10 NTUs in trout waters). All sediment and erosion control measures placed in wetlands shall be removed and the natural grade restored after the Division of Land Resources has released the project; 5. Annual species suitable for wet locations shall be planted within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited; ;% 6. No fertilizer shall be applied within 10 feet (3 meters) of streams; 1' 175 7. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width and must be minimized to the maximum extent practicable. 8. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 9. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart. 10. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete or compacted clay. Perpendicular wetland crossings less than 150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10'5 cm/sec or less.. A section and plan view diagram is attached for compacted clay and concrete anti-seep collars. The following specifications shall apply to,, class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Stump range 2" to 4" e) Minimum strength - 28 day psi 2,500 11. Placement of rip rap is restricted to stream bottom and banks directly impacted by the placement of the utility line. The stream berm must be restored to the original contour after construction; 12. This general certification does not authorize any permanent changes in preconstruction elevation contours in waters or wetlands. The permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area; 13. If an environmental document is required, this Certification is not valid 176 ANTI -SEEP COLLAR r 18 --- i _- I I inches i Utility Line i 1 (Diameter kitries) I i 1 foot 1 Class B Concrete or Compacted Clay I t 6 inches r=re7W1 6 inches 10. Not to exceed 40 feet SECTION Class B Concrete or Compacted Clay 12 inches 6 inch W-0- ,.,.44 6 inches PLAN 177 until a, FONSI or ROD is issued by the State Clearinghouse; 14. Stormwater management shall not be required for this Certification; 15. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be required for this Certification; 16. This Certification does not relieve the applicant of the responsibility to obtain all other required or local approval. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. The Director of the North Carolina Division of Er ,nm..e+r+=! V;rC Management may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. This Is the C day of September, 1995 DIVISION OF ENVIRONME(VTAL MANAGEMENT By A. Preston Howa , nwl2b.cer Director WOC # 3022 600 of this docLmnt were printed`. at a cost of SS7.4: or S.10 each. 178 wt I SANDS/INTAKE DREDGING 10 z 0 w 0 W Y Q 179 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 5, 1996 Regulatory Branch Action ID No.,199600860 and Nationwide Permit No. 13 (Bank Stabilization) Asheville-Buncombe Water Authority Mr. Michael Holcombe Post Office Box 7148 Asheville, North Carolina 28802 Dear Mr. Holcombe: Reference your application for Department of the Army (DA) authorization to install riprap on streambanks along the Mills River, unnamed tributaries to the Mills River, and the French Broad River as part of the Mills River Regional Water Treatment Facility project. The project will include a new water treatment plant, intake and outfall structures, and approximately 43,000 linear feet of 24-inch ductile iron water transmission lines. The project will begin at the treatment plant near the community of Mills River in Henderson County and terminate at Sweeten Creek Road in Arden, in Buncombe County, North Carolina. Riprap will be necessary where waterlines cross streams and at the intake and outfall structure sites in order to protect the lines and structures and to prevent streambank erosion. It is anticipated that approximately 260 linear feet of class I and class II riprap will be needed on streambanks for the entire project. 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 (CPR), 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. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions, those conditions outlined in the February. 19, 1995 WRC letter (which you have already received), and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding the above mentioned water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 21 January 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence \ 180 -2- or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704), 271-4014. Sincerely, Robert W. Johnson Office Manager Asheville Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. Karina Hull Camp, Dresser, and McKee 5400 Glenwood Avenue, Suite 300 _ Raleigh, North Carolina 27612 Mr. William Lapsley William G. Lapsley and Associates Post Office Box 546 Hendersonville, North Carolina 28793 INFORMATION a. 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 (MHW) elevation contour in tidal areas or from the normal water line elevation contour in nontidal areas. 181 b. All backfill materials will be confined landward of the bulkhead or riprap structure. c. 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. d. 'No excavation is permitted by this general permit except for that required for installation of the bulkhead wall, deadmen, cables, etc. NATIONWIDE CONDITIONS a. No material is placed in excess of the minimum needed for erosion protection. b. No material is placed in any special aquatic site, including wetlands. c. No material is of the type or is placed in any location or in any manner so as to impair surface water flow into or out of any wetlands area. d. No material is placed in a manner that will be eroded by normal or expected high flows. e. The activity is part of a single and complete project. f. For projects that exceed 500 feet in length, a 30-day notification to the District Engineer (DE) is required. REGIONAL CONDITION Use of trees and tree tops as stabilization material is prohibited. GENERAL CERTIFICATION CONDITIONS a. -Written concurrence is required from the North Carolina Division of Environmental Management (NCDEM) for any projects that are greater than 500 feet in length. b. 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 (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). c. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. d. Riprap shall be of such size so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. 182 e. Fill in significant wetlands and waters shall be minimized. f. Additional site-specific conditions may be added to proposed projects in order to ensure compliance with all applicable water quality and effluent standards. g. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. \ 183 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 5, 1996 Regulatory Branch Action ID No. 199600860 and Nationwide Permit No. 7 (Outfall Structures) Asheville Buncombe Water Authority Mr. Michael Holcombe Post Office Box 7148 Asheville, North Carolina 28802 Dear Mr. Holcombe: Reference your application for Department of the Army (DA) authorization to construct an outfall structure on the French Broad River and an associated intake structure on the Mills River as part of the proposed Mills River Regional Water Treatment Facility located off of NC 191, near the Mills River Community, in Henderson County, North Carolina. The Mills River Regional Water Treatment Facility will have an initial capacity of 5 million gallons per day and will be designed to treat water from the Mills River. The raw water intake will be located on the Mills River just upstream from its, confluence with the French Broad River. The outfall structure will be located on the French Broad River just upstream from its, confluence with the Mills River. The intake and outfall structures will impact approximately 200 square feet of stream channel below ordinary high water. No Wetlands will be impacted. 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 and Section 404 of the Clean Water Act, was provided for construction of outfall structures and associated intake structures where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted, or is otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System (NPDES) program. Your NPDES application is currently being processed by the state. The conditional NPDES number that the state has assigned to this project is NC 0085511. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions, those conditions outlined in the February 19, 1996 WRC letter (which you have already received), and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. `? 184 -2- Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, telephone (704) 271-4014. Sincerely, Robert W. Johnson Office Manager Asheville Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Copies Furnished (with enclosure): Camp, Dresser, and McKee Ms. Karina S. Hull 5400 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 Mr. William Lapsley William G. Lapsley and Associates Post Office Box 546 Hendersonville,' North Carolina 28793 185 NATIONWIDE CONDITION A 30-day notification to the District Engineer is required. GENERAL CERTIFICATION CONDITIONS a. 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 (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). b. Measures shall be taken to prevent live or Vresh concrete from coming into contact with waters of the State until the concrete has hardened. \ 186 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 5, 1996 Regulatory Branch Action ID No. 199600860, General Permit No. 198100049 Asheville Buncombe Water Authority Mr. Michael Holcombe Post Office Box 7148 Asheville,. North Carolina 28802 Dear Mr. Holcombe: Reference your application for Department of the Army authorization to install approximately 43,000 linear feet of 24-inch ductile iron water transmission line from the proposed Mills River Regional Water Treatment Facility off of NC 191, near the community of Mills River, to the project's terminus at Sweeten Creek Road in Arden, Henderson and Buncombe Counties, North Carolina. The project will involve 4 stream crossings including crossings at the Mills River, 2 unnamed tributaries to the Mills River, and the French Broad River. As a result of the project, approximately 0.4 acres of waters and wetlands will be temporarily impacted. Wetlands to be impacted by the project are located on the east side of the French Broad River. This project has been coordinated with the NC Wildlife Resources Commission (WRC). On January 1, 1994, we renewed general permit No. 198100049, (copy enclosed) that authorizes the maintenance, repair and installation of aerial and subaqueous utility lines with attendant structures and the discharge of excavated or fill materials, within construction/access corridors, associated with utility line maintenance, repair and installation in navigable waters and waters of the United States in the State of North Carolina. Your proposed work is authorized if you can comply with all permit conditions and those conditions outlined in the February 19, 1996 WRC comment letter. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. In addition, the following special conditions must be adhered to: 1. The temporary coffer dam to be installed in the French Broad River will be constructed in accordance with the Trench and Coffer Dam Detail as shown in the design plans provided on figure number 15 in the application package. 187 -2- If you have questions, please contact Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 271-4014. Sinc erely, ; I - I Robert W. Johnson office manager Asheville Regulatory Field Office Enclosure/as Copies Furnished (without enclosure): Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Copies Furnished (with enclosure): Camp, Dresser, and McKee Ms. Karina S. Hull 5400 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 Mr. William Lapsley William G. Lapsley and Associates Post Office Box 546 Hendersonville, North Carolina 28793 188 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198100049 Name of Permittes: General Public Effective Date: J'anuarv 1. 1994 Expiration Date: December 31, 1999 DEPARTMENT OF THE ARM7L carevrrrtar. PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers. Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO MAINTAIN, REPAIR AND INSTALL AERIAL AND SUBAQUEOUS UTILITY LINOS WITH ATTENDANT STRUCTURES AND TO DISCHARGE EXCAVATED AND/OR FILL MATERIALS WITHIN CONSTRUCTION/ACCESS CORRIDORS IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. 1. Special Conditions. a. Work authorized by this general permit includes the installation of pipes and pipelines for the transportation of any gaseous liquid, liquefiable or slurry substance and any cable, line or wire for the transmission of electrical energy, telephone or telegraph messages, and radio and television communication. This general permit authorizes the temporary discharge of excavated material from trenches or footings, the temporary discharge of excavated or fill material for construction of access roads, the temporary stockpiling of excavated or fill material for bedding and backfill and the discharge of material for bedding and backfill, including outfall and intake structures. All work will conform to the standards contained herein. Other construction activities are not authorized by this general permit. b. Excavation or discharge of dredged or fill material in any emergent wetlands, forested wetlands, beds of submerged aquatic vegetation or she beds is discouraged. Whenever practicable, utility line routes will avoid areas of concentrated shellfish production and submerged beds of vascular aquatic vegetation. c. Installation of aerial utility lines in Currituck Sound, Core Sound, lower Pamlico Sound, Falls Lake, Jordan Lake and other areas identified as important to avifauna migration and movement, will be specifically coordinated with the U.S. Fish and Wildlife Service. 1RQ -2- d. To install a utility line under the authority of this general permit, the permittee must apply to the District Engineer by submitting a written description of the work and appropriate drawings on 8-1/2 inch by 11 inch paper. Immediately after receipt of six application, the District Engineer will assign an action identification number and examine the proposal to determine the applicability of this general permit. If the proposal satisfies the general permit conditions, the District Engineer will so inform the permittee by letter which may contain additional, specific conditions to assure that the work will have only a minimal impact on resources. The permittee may not commence construction until he receives the District Engineer's letter. Copies of this letter, with drawings, will be furnished to the Director, Atlantic Marine Center, National Ocean Service, Norfolk, Virginia, and NOAA, the National Ocean Survey, Marine Chart Branch, Rockville, Maryland. e. The temporary discharge of excavated or fill material in waters or wetlands will be for the absolute minimum period of time necessary to accomplish the work. f. This general permit does not authorize any permanent changes in preconstruction elevation contours in waters or wetlands. A permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a highground disposal area. g. The area of waters of the U.S. that is disturbed will be limited to the minimum necessary to install the utility line. The work area authorized by this general permit, including temporary access roadways, will be minimized to the greatest extent practicable. In no case will the work corridor width exceed forty (40) feet. h. This general permit does authorize temporary roadway access, as determined by the District Engineer, to be essential for maintenance, repair and/or installation of utility lines. (1) Temporary access roadways will not span more than one-half way across any waters or wetlands at any one time. (2) Temporary access roadways will be constructed of non-erodible materials.- i. Material resulting from trench excavation may be temporarily sidecast into waters of the U.S. provided that the material is not placed in such a manner that it is dispersed by currents or other forces. j. In wetlands, the top 6" to 12" of the trench will be backfilled with topsoil from the trench. k. Measures will be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. 1. Stabilization will be required immediately on completion of each individual utility line crossing. Any exposed slopes and streambanks must be stabilized immediately upon installation of the utility line. ion -3- m. Appropriate erosion and sedimentation control measures, with State standards as directed by the North Carolina Division Environmental Management, will be employed whenever excavated or materials are discharged in or near waters or wetlands. in accordance of fill n. This general permit does not authorize the discharge of fill material for roadways or any excavation of channels in navigable waters of the United States, waters subject to Section 10 of the Rivers and Harbors Act of 1899. Equipment operating in such waters must work from barges or wooden mats. o. This general permit does not authorize the discharge of excavated or fill material in fin fish or shrimp nursery areas or areas subject to anadromous fish spawning runs during the period between March 1 and November 15 of any year. This general permit does not authorize the discharge of excavated or fill material in designated trout waters during the period between November 1 and April 15 of any year. p. This general permit does not authorize any work which would adversely affect any public water supply intake. q. In areas where a subaqueous utility line is to cross a Federally- maintained channel, i.e., the Atlantic Intracoastal Waterway (A WW), it will be buried at a minimum depth of six (6) feet below the depth of the authorized channel. lit other areas where subaqueous lines are subject to interfere with navigation, they will be installed at a minimum depth of two (2) feet below the substrate. r. The minimum clearance for aerial communication lines, or any lines not transmitting electrical power, will be ten (10) feet above the clearance required for bridges in the vicinity as established by the U.S. Coast Guard. s. The clearance for an aerial line is based on the low point of the line under conditions which produce the greatest sag, taking into consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an aerial electrical power transmission line will be governed by the system voltage as indicated below: Nominal System Minimum Clearance Voltacte, kilovolt Above Bridge Clearance (As Established by the U.S. Coast Guard) 115 and below 20 feet 138 22 161 24 230 26 350 30 500 35 700 42 750 to 765 45 t. The District Engineer reserves the right to require that subaqueous lines be placed at greater depths or aerial lines be placed at greater heights if the general public interest so indicates. U. This general permit does not apply to utility lines that are a part of a water power project. Federal authorization for such lines must be obtained from the U.S. Department of Energy. 191 -4- v. This general permit does not relieve the permittee from the responsibility of obtaining an easement to cross navigable waters from the North Carolina Department of Administration, State Property Office, pursuant to North Carolina General Statutes 143-341 (4), 146-11 and 146-12. 2. General Conditions. a. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. b. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition. C. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. d. The permittee must perform the work authorized herein in a manner. so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTO's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTQ's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. e. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. f. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to-property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CANA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. g. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. 192 -5- h. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. i. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. J. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 V.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). k. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. 1. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for' rocessing an individual permit in accordance with 33 CPR 325 will be avai],at e. BY AUTHORITY OF THE SECRETARY OF THE 14, Geor-6 L. Caj ig4- Colo el, Corps of District Engineer `. \ 193 RMY CORPS/ENGRS ID:1-704-252-1721 FEB 20'96 11:58 No.007 P.02 United States Department of the Interior FISH AND WTLDLTFE SERVICE Asheville Field Qfrice 160 Zillicoa Strcct Asheville. North Carulina 28801 January 31, 1996 Colonel Robert J. Sperberg Wilmington District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington. North Carolina 28402-1890 Dear Colonel Sperberg: F EB t'x ? rte. CEC This is the report of the U.S. Fish and Wildlife Service (Service) and the Department of the Interior on the nationwide permit application submitted by Ms. Karina S. Hull, of Camp Dresser b McKee, on behalf of the Asheville-Buncombe Water Authority to impact jurisdictional wetlands and waters of the United States in association with the construction of the Mills River Regional Water Treatment Facility in Buncombe and Henderson Counties, North Carolina. This report is submitted in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided in the application. this project will involve the construction of: (1) a raw water intake on the Mills River..(2) a sludge lagoon outfall on the French Broad River. and (3) a transmission line from the water treatment plant to the existing transmission system in Buncombe County. For purposes of this permit, the project involves bank stabilization with riprap at the intake and outfall sites and the crossing of 'four streams with the water transmission line. An estimated 0.45 acre of wetland and waters of the United States will be impacted by this project. The Service has no major concerns regarding the proposed work. However. the Service offers the following recommendations in order to minimize impadts to stream and wetland resources in the project area: (1) stringent erosion control measures should be implemented. where soil is disturbed and should be maintained until project completion; (2) stream crossings should be constructed perpendicular to the streams to reduce impacts to stream banks and riparian vegetation; (3) coffer dams should be constructed and placed at stream crossings so that they do not blow out during high water or flood events; (4) all lines crossing streams should be buried below the natural stream bed or suspended from bridges to avoid creating debris jams and barriers to fish movement; (5) transmission lines should traverse wetlands only where no feasible ?` 194 RMY CORPS/ENGRS ID:1-704-252-1721 FEB 20'96 11:58 No.007 P.03 wetland alternative exists (there was no discussion in the application about wetland avoidance alternatives); (E) if wetland avoidance is not feasible, topsoil in wetland construction should be stockpiled separately from the subsoil and should then be redistributed on the surface following construction: (7) the original topographic contours should be restored to the wetland to minimize hydrologic alteration (anti-seep collars may be required at intervals along the buried transmission line to prevent the trench from acting as a drainage ditch); and (a) native wetland vegetation should be used for wetland restoration after construction (we object to seeding with an aggressive nonnative such as reed canary grass). The Service has reviewed the subject project with regard to potential impacts to federally listed endangered and threatened species. Based on our records, there are no federally listed or proposed endangered or threatened species within the impact area of the proposed action. In view of this, we believe the requirements of Section 7(c) of the Act are fulfilled. However, obligations under Section. 7 of the Act muss: be reconsidered if: (1) new information reveals impacts of this identified action that may affect endangered or threatened species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner not considered in this-review. or (3) new species is listed or critical habitat is determined that may be affected by the action. If we can be of further assistance. please do not hesitate to contact Ms. Janice Nicholls of our staff at 704/258-3939. Ext. 227. In any future correspondence concerning this project, please reference our Log Number 4-2-95-007. i erely. Brian P. Cole field Supervisor cc: Mr. Bob Johnson, U.S. Army Corps of Engineers. Regulatory Field Office, 151 Patton Avenue, Room 143. Asheville. NC 28801-5006 \ 195 AMY CORPS/ENGRS ID:1-704-252-1721 FEB 20'96 11:59 No.007 P.04 K?i North Carolina Wildlife Resources Commission 0 512 N. Salishury Srrec:r, Raleigh, North Carolina 27604-1188,919-7.33-3391 Charles R. Fullwood, Exceutive Director February 19. 1996 Mr. Robert Johnson, Office Manager U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 143 Asheville, North Carolina 28501-5006 SUBJECT: Asheville-Buncombe Water Authority Nationwide 404 Permit Application Intakelcutfall structures and water line crossings of Mills River, French Broad River and tributaries Henderson County, North Carolina Dear Mr. Johnson: I have reviewed information provided by the applicant regarding a 404 permit for the•propos¢d utility expansions, and I am familiar with habitat values of the project area. 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 (49 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to construct intake and outfall structures and cross waters and adjacent wetlands with water lines. While the proposed work does not involve waters containing trout, we are concerned about other aquatic resources in the project area, including an important muskellunge span fishery. Therefore, we recommend the following precautions to be included as permit conditions: I . Crossings of Mills River and French Broad River should be staged to allow excavation and pipe placement in a dry work area. - 2. In vegetated floodplain areas, topsoil from the utility line corridors should be stockpiled during line placement and restored to original grade following excavation work. 3. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid impacts to downstream aquatic resources, particularly at stream crossings. Ground covers should be employed at stream crossings to quickly stabilize soil's. 4. Wherever concrete is used during construction near water, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and otlwr organisms. ?? 196 ARMY CORPS/ENGRS ID:1-704-252-1721 FEB 20'96 Mills River intake permit Page 2 1159 No. 007 P.05 February 19, 1996 't'hank you for the opportunity to review and corruncat on this project. Pending availability of field staff, the NCWRC may inspect tlto work site during or after construction. If there ara any questions regarding these comments. plena contact me at (704) 2743646. Sincerely, David L. Yow District 9 Habitat Biologist cc: Camp Dresser & McKee. representing applicant 197 J, North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director April 3, 1996 Mr. Robert Johnson, Office Manager U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 SUBJECT: Asheville-Buncombe Water Authority Nationwide 404 Permit Application Intakeloutfall structures and water line crossings of Mills River, French Broad River and tributaries Henderson County, North Carolina Dear Mr. Johnson: I have reviewed information provided by the applicant regarding a 404 permit for the proposed utility expansions, and I am familiar with habitat values of the project area. 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). The applicant proposes to construct intake and outfall structures and cross waters and adjacent wetlands with water lines. In earlier comments (February 19, 1996), we asked that precautions be taken when working in or near surface waters, including staging of excavation, replacement of wetland soils, erosion control, and dry work areas for concrete pouring. We concur with the proposed modifications (Karin S. Hull, Camp Dresser & McKee, March 21, 1996) which will reduce excavation in waters. We have no objection to the project as modified, subject to the conditions of our earlier letter. Thank you for the opportunity to review and comment on this project. Pending availability of field st,-A the NCWRC may inspect the work site during or after construction. If there are any questions regarding these _ comments, please contact me at (704) 274-3646. Sincerely, David L. Yow, District 9 Habitat Biologist cc: Camp Dresser & McKee, representing applicant 198 *Revised page-1 to Application Form dated 1/18/96 (Item 11) DEM ID: 960052 AC:I;011i 1•D: * Nationwide Permit Requested (Provide Nationwide Permit #): 7 and 13 and Regional Permit 049 JOINT FORM I FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits. that require application for Section 401 certification ViU IVUNGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTNMM OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN'. CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC.DEPARTMENT OF ENVIRONMENT, HEAmq, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS CONFLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEER SEVEN (7) COPIES SHOULD BE SENT TO THE H.C. DIVISION OF ENVIRONMENTAL MA,NAGEMEN PLEASE PRINT. Mr. Michael Holcombe, Director of Water Resources 1. Owners Name: Asheville-Buncombe Water Authority 2. OwnersA.ddress: P.O. Box 7148, Asheville, NC 28802 3. Owners Phone Number (Home): (704) 683-1325 (Work): (704) 259-5955 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Ca= Dresser & McKee 5400 Glenwood Avenue Suite 300 Raleizh. NC 27612 (919) 787-5620 5. Location of work (MUST ATTACH MAP). County: Henderson County Nearest Town= City: Fletcher Specific L.ocation'(Include road numbers, landmarks, etc.):-Haywood Road (NC Highway 191) ' Hoovers La, (SR ,1353), Jeffress Road (SR #1345), NC Highway 280 6. Name of Closest Stream/River. Mills River. French Broad River & two unnamed creeks 7. River Basin: French Broad River Basin 8. B this project located in a watershed classified as Trout, SA., HQW, ORW, WS L or WS II? YES [ ] NO 9. Have any Section 404 permits been previously requested for use on this property? YES [ I' NO FI If yes, explain. Not Anul i cab7 e 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 15.11 acr * 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: 0.02 acres , Drained: 0 ' Flooded: 0 Excavated: 0.40 acres (includes fill area) 200 ex:irdcn of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construction of raw wer at intake on Mills River and sludge lagoon outfall on French Broad River. Four stream crossings for finished water transmission main. 13. Purpose of proposed work: Improvement of regional public water supply system. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to mini,, i wetland impacts. Crossing French Broad River is unavoidable. Wetland area is located within right-of-way of NC 280 and will be completely restored. 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 orproposed for listing endangered orthreatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ Ig NO [ ] RESPONSES FROM THE USFRIS AND/OR NUYS SHOULD BE FORWARDED TO CORPS. R noReeds 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 [ g] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. Notification letter attached 17. Additional information required by DEM: See figure for Frenc A. Wetland delineation map showing all wetlands, streams, and lakes on the property. Broad River crossing B. If available, representative photograph of wetlands to be impacted by project. Not available. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineationline. Wetland identification by ACOE 12/6/95. D. If a stormwater management plan is required for this project, attach copy. Not required. E. What is land use of surrounding property? Agricultural-, residential & transportation F. If applicable, what is proposed method of sewage disposal? On-site subsurface disposal .y? '.4 Owner's Signature 201 Scale: 1 Inch . 3,620 feet Source: USGS Skyland, NC Quadrangle ARE -` .y N 1)4 Tie to I Water Line W ?7?yxr - . t • ?, //G---?' ,tom a . •'?• a 7•"?. ? ' `t •• '1. C?' J ? •w ti i ?'/•???? .1 ._.r i'/.G •'.L •t S? >w:f ? 'T/': ' ? D .•S _•? ?t ? ?.,M •.i ,. .OJt- 1:? ba -- s '1'' ^' is ? ?'• {t•...' i ,6.[ ?:: i 'r.!,?\ t' 1?•. 1?•.?V _ %•f - '`i• ffffff 1• \a •..!••, ?. 4,r T1 • ••• i ?: t,, • rw. L l H• "=:y ''•• a'r•il. •! y1 •t::.: , 4?' `?"1?\ 1•? ?"?f 1 r?3?1? !1' ?_ •:?t`r. ; ti? ?' L •i'• 1::.: ^? ? ilivt?u Ue ) i 1 X11 'Bart' ' ! ?1 J/?t r 1' ( i i .< ?, .. .;,, •":?I f '?': 0 s -.7T:uar?aT?'%? : G'.: .e??. ,??•'"•w?•'. .'!, 7, •i? . t i??; } • . , x '? . • V?1- . JI[p + 60.¢? \, IN V. rn C1' ,•• t.f -1?1 - •?• ' i' .. ••?r 'c : r Fnlshed WaterTransmission Main y???'' "= ?' ' "?'?': •` i' ' •. (APPROX 43,oooFrFaoM wtF 10 '' 1 +% ` ?, :• `+Y; tY, ::?• ?`'--' ?•' EXISTING TRANSMISSION MAIN) ?? \.. , YF• ?_ t.h `.tai?• ?•' ,•;r:' • 5 l ??', . 1. X_ uve /.. r 7l!• y• +. ) °••': 6•L•%a•i ••?' `? Irv r - _7 '?4+` I' I r^;. Pipeline Crossing #4 and • , -74 -mt U,D-N Designated • ,..; :\ wrµ .?t} ?_ •., : T, . 1 Wetland Area J-'1 t..•... Z, "e ir?_r,=r.+, i' - ,?' l/'?•?• '1 i '.kt /? •? J' t '•ti' s. • ?"?S"-??? t ., ??' '!C-.' •'?v?•:.:.ao•w.. T • •1" i I .•;,? ',_?i•,-? 'j :! 1,?y:??'; .rH. o? •J .v aMekwi} .? : 1 Piperine Crossing #3 •.4''' ?? ? ?' 1 !• 1 ,. it t t _-- ' w".?`e ?!r ? b r j'i. Pipeline Crossing #2 ?0+'7 % Crossing #1 `%?1 .?. ?• ytw? t,.x ,.. , .•_ Mills River Intake' ' /(f O.r H01 C•vc r >.? •.r' :J` j I •?^` ` ,\-?U. t~ .r w., 1101 i P.;, ?y ,•;•t:' "?`""?' '• Regional Water Treatment Plant Asheville-Buncombe Water Authority Regional Water Resources Program Figurel CDM Camo Dresser & McKee \ Location ono 4,00? ?j z F Z z a W /// c w C) ^ . C/ w Q o 4 Q N Z- O w w 0- 2 F- QN OJT V = M a LL' J to LL U =O v.J to O O w to > <> I-- - Y ?> F- Oo % Z dS = ec 4 W- m... =N J~ ? c NLL.QO QNV? UOwm l J t s -- 41/ Il`?_ sa , L ry o? a = J x O/vs cr. P. Ui O.. d J a fr to d CC N SDR :rz ui z= J ?N 3 LLi? W 0- cr x CL tl?j O Q--? ?d d J [U CL a O O J 4 ^??, IVJm Q m Y V- w o ?- O w w 2 Q' Q ? J J a -41 N f- ?Q Z N Q ?- o ? C N ?" ---? z o Z_ pSS• ~ w o W w z NOw Q O - ri > ? C y V y? `v v? u R °? CL cn L a cCO m ti E ? co mm F- m L L m .? U L ar 7 ?Cf) cd C OY Ca Qf .+ cr- C L : M Lc C? G N u V I? 4r N CA ?+1 G U D C. 204 2 2'-0" 1 _ 2,-0" 14'-8" SECTION 1 FIGURE 313 Mills River Regional Water Treament Facility CDM Camp Dresser & McKee Intake Structure Base Slab 01 A 205 10'-a" 1'-4" 8'-0" 1'-40' G i r. o-a r II II II II I I I I II II II ii II II W r ? c0 J? U. CO ?Fn c m Ew Ca m m L L m? , cc co ?m 00 .? c m- cc L m cc C? G N r? V cz d V V a E C t 206 8- (D- 0 1- W U CV W M IT Z O Z tiQ Z F- O m 3c~nF= JdW Z= ?°aaa Mwz ?Y - Q > ZW - c JW3. Jaa cr 3 Q F-u d I o 207 Z ?O Q 'W .J x C Lo c ca CC c LL O LL c co 4) .r ECn '" c ca O a E La a? o? ? c . m C cp •? c O i m r.. a: 3 CO Co CC N v V s. N y H Cd G U D V 208 .4+ r.. W c U' m U: c LL m c Ec .0" 1- cr H ` C m G '.' L Co _a cc .? C ? OC, O d c >C N c =e Z U W m O t 209 c c C\ c C\ UL a c F. z W Ur m N JN 0') U } B k W ?- C7 W (D NEB I.L. >4 N -- C 'U O LL V N r-Cn C E O C/ rte,, L J c l) L 01 C) C E ?a c •a O c •? ca a? m CC Y cC L ? m > C CC C. ? G 3 c0 u v v w v A ca L L 910 N O <Q O H W D iW OW i O ?g o? z 0 U W Cf) 0 CO 117 CO LL! c vC LL C E- 0 c Ec -ow co m? ?. v m c cz o c •? c me c m? Q i N U Q. V, V (i4. c E C eC i L 911 2060 INTAKE CHANNEL 2050 OHW EL 2048.00 t7 FRENCH BROAD RIVER Iff 22.5' BEND EL 2044.70 RIVER BOTTOM EL 2038.00 2040 8" PVC LAGOON DECANT BOT EL 2038.00 r,oQ? INV EL 2041.00 24 DIP (TYP 2) (L L 2035.86 2030 0+00 1+00 S AL S: HORIZONTAL: Y' = 40' VERTICAL: Y' - 4' FIGURE 9 CDM Camp Dresser & McKee MILLS RIVER REGIONAL- WTF LAGOON DECANT LINE 212 c c a c 0 cr. w aw 3x 3 <t Q F- N J w w ? _1 vn n. w J CL Z O H U z W (n Z aN Z O z0 J C; P4 Z NHS zm oa.w ,aLL. a LLJ ctYO ? V W j. J ZQ Luo- J<L) ?3Z 3v CC W d 213 / J.D. HOOPER DB. 188 PG.40 PIN # - 9641-23-4606 n = PROPOSED 24" 45'. BEND (R.J.) Z m N rG. N? 19g3 / S A rn m -P '& 0 ?. 73. 15 FT. OFF BRIDGE J.D. HOOPER SR. DB. 788 PG.405 PIN # - 9641-33-3788 PIPELINE CROSSING #1 DISTURBED AREA +750 -SQ. FT. HENDERSON COUNTY TAX MAP # 9641 TAX MAP # 9641 ems` F 10 FT. X 75 FT. I SCALE: 1"=50' / v v ROBERT D. WILLIAMS D.B. 622 PG. 601 PIN # - 9641-35-3779 -Q?TBM NAIL \ CAP 2061.64' GRAVEL ,DRIVE 1 °o 0 i; GRAVEL DRIVE ROBERT 0. WILUAMS D.B. 622 PG. 691 PIN # - 9641-35-8287 PROPOSED 24" 22 1/2' BEND (R.J.) WETLAND PERMIT PIPELINE CROSSING #1 1?ff iIAY G. LIPSILY k A SSOCfATES PA MILLS RIVER WATER TREATMENT CONSULnNG 99 FACILITY ENGIIIEER3 & LAND PLUM= 1EiENDERSpNVII.L>?. NORTH CAROLBIA 24' WATER TRANSMISSION LINE ASHEVILLE, NORTH CAROLINA JAN. 10, 1996 FIGURE NO. 11 \ environmental engineers, scientists, plonners, and management consultants __.._......... NOTE: CONTRACTOR TO REFER TO NATIONWIDE PERMIT #12 SPECIAL CONDITIONS (DEM MEMO 10/6/95) FIGURE NO. 11 214 B.F. NESBITT I \ DB. 842 PC. 779 PIN # - 9641-27-8100 TBM NOTHEAST BRIDGE CORNER 2059.98' - (Gravel)` + .R. 1353 -?-_? a•_:.'°::: - : t:-.>;::•::-.. ?; _ _.?:y:: - -LANE S H OOP PER 5 c;; T7 O? v0 10 FT. OFF EXISTING WING WALLS HOLLABROOK FARMS 1O FT. X 10 FT. PIN # - 9641.02-69-1458 a a a l a a a a a PIPELINE CROSSING #2 DISTURBED AREA 14 RTM ±100 SQ.FT. HENDERSON COUNTY TAX MAP # 9641 TAX MAP # 9641.02 SCALE. 1"=50' WETLAND PERMIT \ PIPELINE CROSSING WIIzmm G. LAPS= a A mocrATEs P.A. MILLS RIVER WATER TREATMENT FACILITY CONSULTJNG ENGINEERS & LAND PLANNERS 24" WATER TRANSMISSION LINE HMEMONVUE, NORTH CAROLDU ASHEVILLE, NORTH CAROLINA JAN. 10. 1996 envtronmentol engineers. scientists, ?D FIGURE NO. 12 plonnen, and management consultants NOTE: CONTRACTOR TO REFER TO NATIONWIDE PERMIT #12 SPECIAL CONDITIONS (OEM MEMO 10/6/95) FIGURE NO. 12 ?' 71 WETLA=TREAEN PIPELINE 1hTII.L1AY G. LAPSLEY de ASSOCIATES P A. MILLS RIVER ENT CONSQLTIIdG ENGII4EERS dt LAND PFAEa=ERSONV Z= NORTH CAROLINA 24" WATER TINE wig ASHEVILLE, NNA JAN. FIGURE NO. 13 environmental engineers, scientists. planners, and management consultants DM NOTE: CONTRACTOR TO REFER TO NATIONWIDE PERMIT #12 SPECIAL CONDITIONS (DEM MEMO 10/6/95) 0 FIGURE NO. 13 PIR / WETLAND PERMIT PIPELINE CROSSING #4 Wl T.TjrA G. LAP= & A 380CIATES P.A. MILLS RIVER WATER TREATMENT CONSULTING ENGIIJEERS & LAND PLANNERS FACILITY HENDERSONV=. NORTH CAROLINA 24" WATER TRANSMISSION LINE _ ASHEMLLE. NORTH CAROLINA JAN. 10, 1996 FIGURE NO. 14 environmental engineers, scientists CDM - - - planners, and management consultants NOTE: CONTRACTOR TO REFER TO NATIONWIDE PERMIT #12 SPECIAL CONDITIONS (nFM MFMO in/ii/q.9) FIGURE NO. 14 N, 217 W Ax G. LApsw & A ssOaam P1 CONSMWG ENGIIE= & LAND PTA== 1inaID> ONVIId?, NOR= CAWLDU NOTE: CONTRACTOR TO REFER TO NATIONWIDE PERMIT #12 SPECIAL CONDITIONS (DEM MEMO 10/6/95) CDM8X11.DWG FIGURE NO. 15 91A ?l c? C m z O O) N N N / J 0 O O (Ni G 1aW? N OW r e r? N O N p 0 G iJI O i ll• ?O >( y ggi 1 D m ?f`e . ?rti X Z D MITI y m E9!; qo ?? Fed F-H Z Z5 1 too O)o N NZ 0 s Q'R 8 T _ ? ?' ? , \ `? ? dam a N u + JA oi!cat I O JI •.1 I - ? s Sk N z t ? o Ila It; $+ ,? N g - rZ y m { s ( r m I N 1y ,Z°y mad ia P 9 y ? I 0 i1 'I Y Z C D 3 N 22 C [ m O +N13? O 'i dq g I Z ,; fS$ ICAO Z =m Z \ , Id D 8 ? { ? ? ? III ? ?. ? ? •?•? 2 I g m I I. l co I n '? . .?.?q y.Q11 1 \ .? O O - I - ..I 1111 'tt yw I J'1 1S C I ? ?` 1... . 1• I 1111 1111 1111 • 111 6 6666 ayy >y$ r i 91t g ? ? =i ? `? ?u p •4 i 1? + y um; ? ? y D N Z loo c ?D? g _-- III. - S :c = I -i :' Z D? D 1 Z V R 1if N ?^iC z n[R 1 °?v ??s JI > 1! z> --s? (n O - ?yi`n o m K2 m o Z 0 I O ' 1 C/) Fn F) -i D i I x o m z D O m r , 2oz g? - - j- gW1'f+9VtR o <z $ > Z O {a 7p? E ? N •0 11 11 ?? 1? •p -11ji` 70 + U ? OC/Ni i Q O p i ? ? y?> 1 II I I I I 4 ii $ m II I I m P < o ?i f???x3 Td#RS?t ? Al 7ti „?,1 1•x••1• 18•8/o 11••//1111 ? r v S 1 _ v Y p f R ? m €€ ?T U4. O O O D .J D 0 O O 5 O N j NOV 09 195 05:04PM . C 14 ~?r North Carolina Department of Administration James B. Hunt Jr-, Govemor P.1 Katie G. Doz,ett, Secretary gugust 21, 1995 ;. 44 Ms. Linda Sewall Ojy N.C. Department of Environment, Health, and OFENy?R Natural Resources Division of Environmental Health NT,?( H 1330 St. Mary's Street E4j, Raleigh, North Carolina 27611 Dear Ms. Sewall: Re: SCH File #95-E-4300-0951; Environmental Assessment and Finding of No Significant Impact for the Asheville-Buncombe Water Authority and Henderson Co4%nty•.Reg3.ona1-Water Resources Program The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. No comments were made by any state/local, agencies in the course of this review. Therefore, no further environmental review action on your part is required for the compliance with the Act. Best regards. Sincerely, Ms. Chrys Baggett, Director .rate Clearinghouse CB/ j f cc: Region S 116 West Jones Street • haleigh. North Carolirna 27603-8003 a Telephone 919-733.7232 cfMl. ... .I M United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 330 Ridgefield Court Asheville, North Carolina 28806 October 27, 1994 Ms. Andrea L. Larsen Camp Dresser & McKee Inc. Ten Cambridge Center Cambridge, Massachusetts 02142 Dear Ms. Larsen: TAKE'S i PRIDE IN W-=N=*M AM -Now Subject: Asheville- Buncombe Water Authority Regional Water Resources Program. Buncombe and Henderson Counties, North Carolina In your October 8, 1994, letter, you requested information on federally endangered and threatened species that may occur within the subject project impact area. The following comments are provided in accordance with the provisions of Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The U.S. Fish and Wildlife Service (Service) has reviewed its records and our data indicate that no federally listed or proposed threatened or endangered species are known to occur within the project impact area. However, obligations under Section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed-or critical habitat determined that may be affected by the identified action. The Service would like to make you aware of four Federal candidate species that are known to occur somewhat near the project area. There are two known populations of the French Broad heartleaf (Hexastvlis rhombiformis) near the general project area--one east of Highway 64 near Laurel Branch and one east of the intersection of Finley Cove Road and Willow Road. There are several populations of the bog turtle (Clemmvs muhlenbergii) in Henderson County including the Franklin bog and McClure bog, located south of the project area. There are occurrence records for the hellbender (Crvptobranchus alle4aniensis) in the French Broad River system including the South Fork Mills River in Henderson County. Finally, the French Broad River crayfish (Cambarus reburrus) is endemic to the French Broad River system in North Carolina and has been reported from headwater streams in Buncombe, Henderson. Jackson, Madison, and Transylvania Counties. 1 001 Please note that candidate species are not legally protected under the Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them. If there is appropriate habitat for any of these species within the project area, we encourage you to conduct surveys to determine the presence of these species. If you have any questions regarding the information provided, please do not hesitate to contact Ms. Nicholls at 704/665-1195, Ext. 227. We have assigned our Log Number 4-2-95-007 to this project. Please refer to this number in all future correspondence directed to us concerning this matter. Si ncere1y, _ Brian P. Cole Field Supervisor CC: Mr. Bob Johnson, U.S. Army Corps of Engineers. Room 75, Grove Arcade Building, 37 Battery Asheville, NC 28801 Ms. Stephanie Goudreau, North Carolina Wildlife 320 S. Garden Street, Marion, NC 28752 Regulatory Field Office. Park Avenue, Resources Commission, North Carolina Department of Cultural Resources mes B. Hunt Jr., Governor ;try Ray McCain, Secretary December 14, 1995 Mary Ellen Radovanic Camp Dresser & McKee 10 Cambridge Center Cambridge, MA 02142 Re: Regional expansions tc Water Authority water County, ER 95-7565 Dear Ms. Radovanic: Asheville-Buncombe system, Buncombe Division of Archives and History Jeffrey J. Crow, Director Thank you for forwarding copies of the archaeological survey report by Thomas Hargrove for the above project. We apologize for our delayed response. . Five archaeological sites were recorded. None of these sites was judged to be eligible for listing in the National Register of Historic Places. Mr. Hargrove has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, i Davi Brook Deputy State Historic Preservation Officer DB:slw cc: T. Hargrove ,..swF _ v North Carolina Department of Cultural Resources James B. Hunt. Jr., Governor Betty Ray McCain, Secretary November 16, 1994 Deborah Hadden Environmental Scientist Camp Dresser & McKee, Inc. Ten Cambridge Center Cambridge, MA 02 1 42-1 403 Re: Regional expansions of Asheville-Buncombe Water Authority, Buncombe and Henderson Counties, ER 95-7565 Dear Ms. Hadden: Division of Arcbives and History William S. Price, Jr., Director Thank you for your letter of September 23, 19941 concerning the above project. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location of significance of archaeological resources. Many sites have been recorded in topographic and hydrologic settings similar to the project area. Additional sites can be expected. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources should be assessed prior to the initiation of construction activities. Enclosed is a list of archaeological consultants who have conducted or expressed an interest in conducting contract work in North Carolina. Individual files providing additional information on the consultants may be examined at the State Historic Preservation Office's Office of State Archaeology, 421 North Blount Street, Raleigh. If additional names are desired, you may consult the current listing of'the members of the Society of Professional Archaeologists, or contact the society's current secretary/treasurer, David L. Carlson, Department of Anthropology, Texas A&M University, College Station, Texas 77843-4352, telephone 409/845-4044. Any of the above persons, or any other experienced archaeologist, may be contacted to conduct the recommended investigation. We have conducted a search of our files and are aware of no structures of historical or architectural importance located within the planning area. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. `` 77A Deborah Hadden November 16, 1994, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw Enclosures CDM enWronmenta/ engineers, scientists, planners, d management consultants September 23, 1994 Ms. Renee Gledhill-Earley Environmental Review Coordinator North Carolina Department of Cultural Resources Division of Archives & History 109 East Jones Street Raleigh, NC 27601-2807 CAMP DRESSER & MCKEE INC. Ten Cambridge Center Cambridge. Massachusetts 42142.1403 617 252.8000 Request for Historical or Archaeological Information ABWA Regional Water Resources Program Dear Ms. Gledhill-Earley: Camp Dresser & McKee Inc. (CDM) has recently been retained by the Asheville-Buncombe Water Authority to implement various regional expansions to the Authority's water system in order to provide a long term, reliable water supply for Buncombe and Henderson Counties. Specifically, the proposed work involves construction of the following components: • A 10 million gallon per day (mgd) intake located along the Mills River near the confluence with the French Broad River • A 10 mgd intake located along the French Broad River • An earthen "off-stream" storage facility to provide storage for an initial 40 to 50 million gallons of raw water • A 10 mgd water treatment plant • Raw water pipelines from the intakes to the storage facility and from the storage facility to the water treatment plant • Two 10 mgd raw pump stations, one along each pipeline route • Finished water transmission mains to convey finished water from the treatment plant to interconnections with the Authority's existing water transmission and distribution system • A 10 mgd finished water high service pumping station The approximate location of each component of the proposed project is shown on the attached figures. Please review your database with respect to the location of the various project components and inform us of any known or likely historic or archaeological resources that could be affected by the proposed project. In addition, please inform us whether your Department will request any field investigations pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance CAMP DRESSER & McKEE INC. with Section 106, codified at 36 CFR Part 800. We would greatly appreciate any efforts you can make to provide this information as quickly as possible so that the information can be included in the Environmental Assessment (EA) that will be submitted to the state in late October. If you have any questions on the proposed project or this information request, please call me at (617) 252-8221. If you prefer to speak with a local CDM representative, please contact Dave Zimmer in our Charlotte office at (704) 342-4546. Thank you in advance for your attention to this matter. Very truly yours, CAMP DRESSER & McKEE INC. . 64zbuelt Y. 4uto0-41 A/L Deborah Hadden Environmental Scientist cc: (w/ Enclosures) Mike Hulcombe, Asheville-Buncombe Water Authority Dave Zimmer, CDM Charlotte Kirk Gavel, CDM Charlotte Karina Hull, CDM Raleigh Ashevd(e•Bunootnbe Water Authority Regional Water Resources Program CDM Camp Dresser & McKee Inc. FIGURE I PROPOSED COMPONENTS OF THE REGIONAL EXPANSION PROGRAM ILL ?'• Scale: ', \ K"? - ? ???? ' =• ? • •_, 1 inch = 2000 feet Source: USGS Horse Shoe and Skyland, NC Quadrangle -; :• .ice ROAD •; ll \; Butler Bridge 0 •,' 1414 N `?• • s Imo) ;3 \ )? r a ` :?? Pan Xoman? 1 s.-, to) ;7 1 1 14 1 R French Broad River Intake ` j r nt \?i rl? i+ F' J FPM -l1/'ji ?? ,• ?`: i `•?? 1EkJ ?. Fna ea Lak' ?? ? e0r River Intake_ 16. _ Trailer ~` 162 a*' ??. ; /`:v 'r : ?. ,^' • •` ,•/? `: 1 •. 207A:? / ,? ( ^'". .? ( a - :.fir ?? :-?i. •l'•' '/??? Kennels' sit A% A Regional Water Treatment Plant l (UFB 25, , Kings ridge / n `311 es?? / a 91 l j 1 L\ i \ i ?/• ?1 ? ,Mile 'r f` 71 171 /J BM LHT X, h Broad Ch ;••. `'r_- 1 / / % jl•t Pon ems •'?7 ' ' y V (,J FB Y9'Z' ?, i 68 i 408 Asheville-Buncombe Water Authority Regional Water Resources Program innRx 1"amT llroaro, AG A,(`-Vto T-^ FIGURE 2 SITE LOCATION mAD DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199600860 June 6, 1996 Mr. Bryon Clemence Camp, Dresser, and McKee, Incorporated Ten Cambridge Center Cambridge, Massachusetts 02142 Dear Mr. Clemence: Reference your April 26, 1996 letter of inquiry concerning a Nationwide Permit Number 7 issued to the Asheville Buncombe Water Authority on April 5, 1996. The permit authorized the installation of intake and outfall structures which will be associated with the new Mills River Regional Water Treatment Facility to be constructed off of NC 191, near the community of Mills River, in Henderson County, North Carolina. Information provided by your letter indicated there may be a need to perform periodic maintenance dredging of less than 50 cubic yards of accumulated sediment around the intake structure in the Mills River. You also stated that any or all dredged material resulting from such work could be placed and retained on a high ground location. It is our determination that the necessary maintenance dredging could initially be authorized by Nationwide Permit Number 18 (NWP 18). NWP 18 authorizes minor discharges of dredged or fill material into all waters of the U.S. provided the discharge does not exceed 25 cubic yards and provided the area of impact to special aquatic sites does not exceed one-tenth of an acre. Special aquatic sites are defined as wetlands or riffle and pool complexes. In the case of your proposed dredging, the NWP would authorize the incidental discharge of dredged material associated with the physical dredging operation. The permit would not be intended to authorize open water disposal or wetland fill. Further, should dredging around the intake become a more persistent requirement with greater volumes of material than anticipated, you might consider requesting an individual DA permit with an attached 10 year maintenance dredging condition. Once you confirm dredging is necessary, a completed joint application for a nationwide permit should be submitted to this office well in advance of the work start date (30 to 60 days). At that time a copy of the application should also be submitted to the NC Wildlife Resources Commission (WRC) for their review and comment. A copy of the application and the WRC address is enclosed. -2- Should you have questions regarding this, please contact Mr. Steve Chapin in our Asheville Field office at (704) 271-4014. Sincerely, Robert W. Jo on Office Manager Asheville Regulatory Field Office Enclosures Copies Furnished: Asheville Buncombe Water Authority Mr. Michael Holcombe Post Office Box 7148 Asheville, North Carolina 28802 DEM M: ACTION ID: lationwide Permit Requested (Provide Nationwide Permit fl): JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD RE SENT TO THE CORPS OF ENGINEERS. 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 work (MUST ATTACH MAP). County: Nearest Town or City: Specific Location'(Include road numbers, landmarks, etc.): - ?6. - Name of Closest S tream/River. 7. River Basin: • 8. It this projecriocated in a watershed classified as Trout, SA, -HQW, ORW, WS 1, or WS M YES [ ] NO j J ? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [ ] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: /I 12. Description of proposed work (Attach PLANS. can be hadd drawn X13. 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 orproposed for listing endangered orthreatened 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 sheeti 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? R If applicable, what is proposed method of sewage disposal? Owner's Signature Date