19930350 Ver 1_COMPLETE FILE_19930507

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 4, 1993

V
Action ID. 199302597 - Nationwide Permit No. 12 (Utility Line Backfill and
Bedding) and No. 14 (Road Crossing)
Mr. Mark Sinksy
115 Kimberly Knoll
Asheville, North Carolina 28804
Dear Mr. Sinksy:
Reference your application of April 30, 1993, for Department of the Army
authorization to construct two 8-inch sewer line crossings and one 6-inch
water line crossing of Beaverdam Creek at your property located off
Beaverdam Road in Asheville, Buncombe County, North Carolina. In addition,
you proposed to replace a deteriorated timber bridge with a culvert. The
projects have been reviewed by the NC Wildlife Resources Commission (WRC) for
any potential impacts to trout waters.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including.outfall and intake structures, provided there is no change in
pre-construction contours. Authorization, pursuant to Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was
provided for fills for roads crossing waters of the United States (including
wetlands and other special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
r

-2-
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by these NWPs provided it is accomplished in
strict accordance with the enclosed conditions, and those outlined in the
attached May 17, 1993 WRC letters. This authorization does not relieve you of
the responsibility to obtain any required State or local approval.
Ihformation regarding issuance of a Section 401 Water Quality Certification
may be obtained through Mr. 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 Mr. David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
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-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
9 -John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
NC Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786
McGill Associates, P.A.
Mr. Clayton R. Morrell
Post Office Box 2259
Asheville, North Carolina 28802
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management r
James B. Hunt, Jr., Governor ®? Nook
Jonathan B. Howes, Secretary
H N F1
A. Preston Howard, Jr., P.E., Director
May 10, 1993
Mark Sinsky
115 Kimberly Knoll
Asheville, N.C. 28804
Dear Mr. Sinsky:
Subject: Proposed fill in Wetlands or Waters
Road crossing and waer and sewer installation
Buncombe County
DEM Project # 93350
Upon review of your request for 401 Water Quality Certification to place fill material in
0.01 acres of wetlands or waters which are tributary to Beaverdam Creek for road crossing
and water and sewer access located at SR 2053 in Buncombe County, as described in your
submittal dated 5 May 1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2664 and 2732 issued January 21, 1992. Copies of
the General Certification are attached. These Certifications may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No.s 12 and 14.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
ston Howard, E.
93350.Itr ?
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Clayton Morrell, McGill Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
WGILL ASSOCIATES, P.A.
DD CONSULTING ENGINEERS
April 30, 1993
Mr. John Dorney D
Water Quality Planning
Division of Environmental Management
North Carolina Department of Environment, LQ
Health, and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: Stream Crossings
Beaver Creek Subdivision
Dear Mr. Dorney:
Please find attached for your review and approval the following items:
0100 ? 'nr,?
1. Seven (7) copies of the "joint form" (NWP 12 and NWP 14) signed and dated for a Section 401
certification for the subject project.
2. Location map of the overall project area.
3. Plan of each stream crossing area (waterline, sewer line, and bridge).
4. Details.
Copies of this application form are also being sent to the United States Army Corps of Engineers, and
the North Carolina Wildlife Resources Commission for their approval.
If you have any questions, please do not hesitate to call Gary Davis or me.
Sincerely,
McGILL ASSOCIATES, P.A.
CLAYTON R. MORRELL
CRM:jIj
Enclosures
cc: Mark Sinsky
Stan Boyd
93116/dorny30

P.O. BOX 2259 / 704/252-0575 / 38 ORANGE STREET
ASHEVILLE, NC 28802 704/252-25'18 (FAX) ASHEVILLE, NC 28801

_,...
DEM ID: 9,33,50 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14
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: CESA V-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
PLEASE PRINT.
1. Owners Name: Mark Sinsky
2. Owners Address: 115 Kimberly Knoll, Asheville, North Carolina 28804
3. Owners Phone Number (Home)
704/258-3818
(Work)
704/258-2288
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Gary D. Davis, Project Manager
McGill Associates, P.A.
38 Orange Street, Asheville, North Carolina 28801 [phone] (office)
5. Location of work (MUST ATTACH MAP). County: Buncombe
Nearest Town or City: _ A s h e v i l l e
Specific Location (Include road numbers, landmarks, etc.): at intersection of Beaverdam Road (SR 2053)
and Carter Cove Road in North Asheville.
6. Name of Closest Stream/River: Beaverdam Creek
7. River Basin: French Broad
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
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: 0.3
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .01
Drained:
Flooded:
Excavated:
Total Impacted: - 01
MAY -619,%

J 12. Description of proposed work (Attach PLANS-8 1/'-" X 11" drawings only): removal of exist ing timber
bridge and rock w211ci rnnctrnrrinn of na* hrirlga rnlvart
13. Purpose of proposed work: Provide vehicle access to proposed project from Beaverdam Road
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Street access for project is on opposite side of creek
Erosion control facilities - silt fence, check dam, minimum construction work area.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [X]
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 maybe affected by the proposed project? Have you done so? YES[ ] NO [ X]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a storm-water management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. If applicable, what is proposed method of sewage disposal?

-DEM ID:ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit 9): 12
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILN NGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAVJ-CO-E
Telephone [phone]
WATER QUALITY PLA.NrNTQG
DIVISION OF ENTVIRONIVIEN?AL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH, _
AND P.O. Box 95? RESOURCES a
Raleigh, NC 27626-0535 4g
ATTN: MR. JOHN DORNEY MAY _ 5 (9'
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO L LRS,
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO N?
PLEASE PRINT.
1. Owners Dame: Mark Sinsky
2. Owners Address: 115 Kimberly Knoll, Asheville, North Carolina 28804
3. Owners Phone Number (Home):
704/258-3818
(Work)
704/258-2288
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Gary D. Davis, Proiect Manager
McGill Associates, P.A.
38 Orange Street, Asheville. North Carolina 28801 [phone] (office)
5. Location of work (?MUST ATTACH MAP). Count),: Buncombe
Nearest Town or City: Asheville
Specific Location (Include road numbers, landmarks, etc.): at intersection of Beaverdam Road (SR 2053) and
Carter Cove Road in North Asheville
6. Name of Closest Stream/Riven Beaverdam Creek
7. River Basin: French Broad
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS E? YES [ J NO ['(J
9. Have any Section 404 permits been previously requested for use on this property? YES [ J NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.3
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Fill td:
Drained:
Flooded:
Excavated: . CV4
Total Impacted: .CV4
"
12. Description of proposed work (Anach PLANS-8 1/2" X I I" drawings only): Trenching an 8-inch sewer line at
two locations, and trenching an 6-inch waterline at one location-across Beaverdam Creek
13. Purpose of proposed work: To provide water and sewer service to the owner
14. State reasons why the applicant believes that this activit), must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Access to utilities are on the ouoosite side of the stream. Erosion control
facilities check dams mi--imn construction work area.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ) NO [X )
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 [X ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information requircd by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? residential
F. If applicable, what is proposed method of sewage disposal? Pipeline collection and transvort to
Metropolitan Sewerage District Treatnent plant.
4-3c)19?
Owner's Signature Date

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SECTION AA
COFFER DAM DETAIL
NOT TO SCALE
NOTES
1. COFFER DAM WILL BE BUILT SO THAT APPROXIMATELY ONE-HALF (1/2)
OF THE STREAM CHANNEL IS OPEN AT ALL TIMES. -
2. MATERIAL FROM THE STREAM BED SHALL NOT BE USED FOR COFFER DAM. -
3. NO EARTHEN MATERIAL SHALL BE USED FOR COFFER DAM OR PLACED
IN STREAM FOR ANY REASON.
4. STREAM BED SHALL BE DISTURBED THE MINIMUM REQUIRED FOR
INSTALLATION OF CABLE AND WALL BE RESTORED TO ORIGINAL
CONTOURS WHEN WORK IS COMPLETE
5. ALTERNATIVE COFFER DAM MATERIAL TO BE APPROVED BY THE ENGINEER.
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