19930280 Ver 1_COMPLETE FILE_19930417

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s.?. I7r:M zD: ACTION ID:--.-.
} Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of
Nationwide permits that require application for Section 401 c
WILN13NGTON DISTRICT ENGINEER DIVISION WATER QUALITY CORPS OF ENGINEERS OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Bo. 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR, JOHN OR-NEY
Telephone [phone] tM r 5 W3
ONE (1) COPY OF THIS CONVT.F.TED APPLICATION SHOULD BE SENT TO T C RPS OF fiN
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO Wp7ER UALITY S
PLEASE PRINT.
: ,,
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1. Owners Name: Louis Turitto _ _.
2. Owners Address: ?? a 51.E _?Q?c 1.?0 i?nc? rews . N?C?_ 28901^
3. Owners Phone Number (Home):L7_Q4) 321-4626 (Work): __(704) 321-4555
4. If Applicable: Agent's name or responsible corporate official, address, phone number: --
-
. --- --- -------T---------- - - --- -
At-'K L
5. Location of work (MUST ATTACH MAP). Court WLA,ANDS rT'011P
Nearest Town or Ci Andrews , N . C .
ty: ----- --- -
Specific Location (Include road numbers, landmarks, etc.):_ South of Stewart rd.. #1389) on #1391
nr,r, lnnn ft?nr Pi1aS C'rpgk-..?.3LLSt_SLr? (1 _1I1c??! 7d 1c?_17? W-lnna)
of tkndrews,N.C. on the east side of. Sunland Subdivision.
b. Name of Closest Stream/River: o t1 pi F? creek Just north of-Valley River.
1 ocat
7. River Basin: Val e 4 River _, - - - - -----
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES NO [ ] (? )
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO '[x)
If yes, explain. -__ __? -- -- ------ - _.. - --- _
io. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:_
lea affected nnn=--3Q otal_ofT app 3 0 s f ,__
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project.
Filled: -
Drained:
Flooded:
Excavated:
Total Impacted:
a
f
200 sq. ft.

y_- 0 =73

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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Robert W. Johnson, Office Manager
U.S. Army Corps of Engineers, Asheville, N.C.
FROM: Mark S. Davis,
Assistant Fisheries Biologist
DATE: March 2, 1993:
SUBJECT: A review of a 404 permit application by Mr. Louis
Turitto to install a culvert in Piles Creek located
north of Hwy. 74/19 and east of SR 1389 near Andrews,
Cherokee County.
Mr. Cal Stiles (PO Box 190 Andrews, NC 28901), on behalf of
Mr. Louis Turitto, is requesting a letter of concurrence from the
North Carolina Wildlife Resources Commission (NCWRC) in order to
obtain a 404 permit from the U. S. Army Corps of Engineers. I
have reviewed the information provided by the applicant, and an
onsite investigation was conducted on February 24, 1993, for the
purpose of assessing construction impacts on wildlife and
fisheries resources. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d.).
Mr. Turitto proposes to install a 5 X 1 CMP (142" X 91" X
201) in Piles Creek to gain access to his property. Riprap will
be placed on each end of the pipe to prevent fill material from
eroding into the stream and the area will be seeded to provide
long term erosion control. This project involves filling about
240 square feet of the stream channel.
Piles Creek (HIW 1-10-43) is a tributary to the Valley River
which is Designated Public Mountain Trout Water and managed by
the NCWRC as a Hatchery Supported trout stream. This stream has
a width of 10-12 feet with a substrate of boulders, cobble, and
sand-silt. It provides good quality habitat and supports a wild
trout population as well as populations of other nongame species.
The project should not impact any wetlands or habitats that
I

wouldlikely support any endangered, threatened, or special
concern.species.
The NCWRC is concerned over potential adverse impacts to
aquatic resources in this area. The NCWRC does not object to the
issuance of a permit, provided the following conditions are met
by the applicant:
1. Erosion control measures should be installed prior to
the start of construction and maintained until the
project site has been stabilized.
2. The culvert should be placed at the same slope as the
stream bottom and should be buried 1 foot unless bedrock
is encountered. This will ensure fish passage during
periods of low water flow.
3. Construction is prohibited during the trout spawning
period of January 1 to April 15 in order to protect the
egg and fry stages from sedimentation.
4. Temporary ground cover (e.g. hardwood mulch, straw,
etc.) should be placed on all bare soil during
construction. Permanent vegetation in these same areas
should be established within 15 days of project
completion to provide long term erosion control.
Thank you for the opportunity to review and comment on this
project. If there are any questions regarding these comments,
please contact Mr. Mark Davis at 704/452-0422.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator

State of North Carolina
Department of Environment, Health and Natural Resources
. Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary April 21, 1993 Director
Mr. Louis Turitto
c/o Mr. Cal Stiles
Box 190
Andrews, N.C. 28901
Dear Mr. Turitto:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Cherokee County
DEM Project # 93280
Upon review of your. request for 401 Water Quality
Certification to place fill material in 200 square feet of
wetlands or waters which are tributary to Piles Creek for a road
crossing located at SR 1391 in Cherokee County as described in
your submittal dated 2 April 1993, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2732 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 14.
If you have any questions, please contact John Dorney at
919-733-1786.
S' cerely,
resto /oward, Jr. P.E.
93280.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney:4
Central Files
Regional Offices
Asheville Fayetteville. Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer ,
A? . I .
MEMORANDUM PRINT NAMES:
Reviewer: w.i.A,)svi,.i
/??T ?
TO: John Dorne;? WO SUPv.: ,,1? y''' 7??2Gc)
Planning Branch DATE :
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000230 COUNTY: CHEROKEE
APPLICANT NAME: LOUIS TURITTO
PROJECT-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE_# : DOT'__# :
RCD_FROM_CDA: APP DATE_FRM_CDA: 04/05/93
REG_OFFIC:E: ARO RIVER-AND--SUB-BASIN-#: 14,'wasste.
STREAM-CLASS: C_ . -Fr
QTR-INDEX-NO:
WL__IMPACT? : Y UN WL._TYPE : ^14 S j- K
WL_REQUESTED : WL_ACR_EST'? : Y/N N/A
WL_SCORE (#) : WATER IMPACTED BY FILL?: C'N
HYDRO_CNECT? : Y'N MITIGATION?: Y/69
MITIGATION_TYPE:/•?? MITIGATION__SILE: N//t
IS WETLAND RATING SHEET ATTACHED?: Y&T mo
RECOMMEND'AT'ION (Circle One): (f9 ISSUElCOND DENY
COMMENTS:
V ,f o S-0 I--
cc: Regional Office
Central Files
Calvin H Stiles
7anet B. Stiles
Telephone:
7041321-4555
P.O. Box 190 -Stewart 7pad
Andrews, Nffth Carolina 28901
April 2nd, 1993
110)1 ? 0 d
Mr. John Dorney
Mater Quality Planning
Div. of Environmental Management
NC Department of Environment, Health,
And Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear !Ar. Dorney:
Re: Louis Turitto
Piles Creek Project
APR - 519W
Please find enclosed the completed forms concerning the above
referenced project which we discussed earlier today per phone.
Thank you for your very prompt assistance on my campground
project.
In the event you need further information, please notify me.
Sincerely,
a?.Jizk__
Cal Stiles
CHS/js
Enc1: 7
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ACIHOIN
DEM
Nationwide Permit Requested (Provide Nationwide Permit
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL M
NC DEPARTMENT OF ENVIRONME
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
?a
APR - 51993 p ?} 4
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE qQ=
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
PLEASE PRINT
1. Owners Name: Louis Turitto
2. Owners Address:. ?=a1 5.?.??-?Q0 jincl_r?ws. Ns?_28901
3. Owners Phone Number (Home):L?Q4) 321-4626 __?
4. If Applicable: Agent's, name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:.! h-er ka
Nearest Town or City: Andrews, N . C . _
Specific Location (Include road numbers, landmarks, etc.): South -o_f Stev--art rd . (#1389) on #1391
ann 1 nnn f t,-o Pi 1 e-- Ora,El.j.u_S.f d =?
north of Andrews,N.C. on the east side of Sunland Subdivision.
b. Name of Closest StreanMver: located on piles cree. iustDgrth of Va v River.
7. River Basin: - Valley River __-----
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS n? YES [) NO [ 1 (? )
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [x)
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
area affec+Ar? ann_ .34- ft. y 19.F+ total ofT app 360
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: area of app. 200 s q. ft
Drained: -.--------
Flooded:
Excavated: ---
Total Impacted: 200 s q. ft.
(Work): ( 704) _321-4555
---------------`---_?J - -. ----------------------------------------------- F
12. Description of proposed wort: (Attach PLANS-8 1/2" X 11" drawings only
ong in Piles Creek.
- install culvert (142"x91") tl",'ent?'- ('L20 feet l backilling . UsP erosion contrc
-- ..p.._ p-_
ova stream bottomr? --ra be _ore onl
y access
13. Purpose of proposed work: For entrance_tc propert`i from rci . # 1391.
creek. --- _? - - ---- -?-
is-across
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to tninitnize wetland impacts. -- not- in wetlands -----
is. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service endangered or
critical
spe
(NMFS) regarding the presence or any affected listed ?opproposed for oed paolect?s Have you done threatened YES [ c ] s o NO
habitat in the permit area that may b by the p
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
vation Officer oposed project? SlO Have you a dan a sothe ? YES fc l of i?0 [ ? 7
16. You are required to contact the State affected b pr
properties in the permit area which may be a Y the _ 7
RESPONSE FROM THE SHPO SHOULD BE FORWAR-DED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streans, and lakes or, tlae property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. if a stormwater management plan is required for this project, attach copy. ont a 1
as???
E. What is land use of surrounding property? -_f
F. If applicable, what is proposed method of sewage disposal? _- N/A
Owner's Signature

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Cal Stiles
Box 190
Andrews, N.C. 28901
[phone]
February 24, 1993
Mr. Mark S. Davis
N.C. Wildlife Resources Commission
Rt. 1. Box 624
Waynesville, N.C. 28786
Dear Mr. Davis,
Thank you for meeting with me today. This letter is a request
for permission for the construction and addition of a culvert
to Piles Creek located north of Hwy 74-19-129 and east of the
Old Robbinsville Road.
The property on which this project wi 1 l be done and the
responsible party is Mr. Louis 'Cur i tLo, He has tasked me to
assist him in this matter. We would like to install a 511
culvert (142"x91") twenty (20) feet long in Piles Creek. As
you requested it will be placed one (1) foot below the
existing stream bottom and can grade with the wxisting stream
channel.
Rip-rap will be dome before back fi ll_ing the cut\ert.. The
area will be stabilized and erosion control measures
installed and maintained until completion or the project.
Any necessary seeding will he done.
As we discussed, I am sending a copy oi' this request, to `(r:•.
David Balser with the Army Coups of Engineers. Please advise.
Sincerely,

Cal Stiles
1
l
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

IN REPLY FiEFER TO
March 19, 1993
Regulatory Branch
ationwide Permit No. 14 (Road Crossing)
Action ID. 199301560 and N
Mr. Louis Turitto
C/o Cal Stiles
post office Box 190
Andrews, North Carolina 28901•
Dear Mr. Turit:t,3:
our application of February 25, 1993, for Department of the
Reference Y
Army authorization to construct a culverted9 rand east sofgS.R.P1389 neark a
your property located north of Highway 74/ the
e creek is a tributary too project
l
Andrews, Cherokee County, North Carolina. Pi The
Valley River which is a Designated Public Mountain Trout Water. has been reviewed by the wildlife Resources Commission (WRC) for potential
adverse impacts to designated trout waters.
purposes of the U.S. Army Corps of Engineers' Regulatory Program,
For the
Title 33, code of Federal Regulations (CFR), ubPart 330.6, published in the
permits.
Federal Register on November 22, 1991, lists nationwide Authorization, pursuant to Section 10 of the Rivers and H rborsf ctrof 1899
and Section 404 of the Clean Water Act, was provided crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre.
linear feet of the fill for the roadway can
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. aquatic sites, including wetlands, the permittee
For fills in s
notifies the District Engineer in accordance with the "Notification" general
condition.

-2-
your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached March 2, 1993 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. Information regarding issuance of a Section 401 Water Quality
Certification may be obtained through John Dorney, Division of Environmental
Management, at [phone].
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked,. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to David Baker in our Asheville.
Regulatory office at [phone].
sincerely,
M. Re Wrigh
hief, Regulatory Branch
Enclosure