19930527 Ver 1_COMPLETE FILE_19930521

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 Noah Salisbury Street,, Raleigh, North Carolina 27604
James G. h-lartin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary ? 2-51M Acting Director
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3010-7
Dear Sir or Madam:
SUBJECT; 40 AT R QUALITY CERTIFICATION
ee County, COE Project # /?30/ ,SS$
The Division of Environmental Management (DEM) received a letter from the
Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit.
Please be advised that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the Division. General Certifications have been issue
by the Division for most of the Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division before the Nationwide
Permit is valid.
Your road crossing (Nationwide Permit # 14) requires written concurrence from
DEM. Therefore, please complete the attached form (except for conditions 15 and 16)
and send six additional copies (a total of seven copies) so that the review of your
request can be initiated.
If you have any questions, please call me or Mr. John Dorney at 919-733-1786.
Sincerely,
y
Eric Galamb
Applic 14
cc: IU-V DEM Regional C f ' INNALOMCh?s
Ashevil!Mr. JOhflafqtZorcn-ey blooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 .919/571-4700 9 19/946 -6481 919x95-3900 9 19/896 -7007
Pollutlon ?revention Pays
P.O. Box 29535, Ralcigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity AfFi mative Action Employer

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DEPARTMENT OF THE ARMY LL9
WILMINGTON DISTRIC1' CORPS OF ENGINEERS
P.O. Box 1890
IrWR Q 19W
`NILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REPFR TO March 'Q. 993
Regulatory Branch
Action ID. 199301558 -- Nationwide Permit No's. 26 (Headwaters and Isolated
Waters) and No. 14 (Road Crossing)
Mr. Lewis A. Blanton
8935 Old Federal Road
Ball Ground, Georgia 30107
Dear Mr. Blanton:
Reference your application of February 18, 1993, for Department of the
Army authorization to retain two culverted stream crossings on Bryson Creek
and an unnamed tributary thereof, and to construct a small recreational pond
on the tributary at your property off S.R. 1326 in Unaka, Cherokee County,
North Carolina. The pond construction will impact 0.18 acre of waters of the
United States. The projects have been reviewed by the N.C. Wildlife Resources
Commission (WRC). Bryson Creek is a tributary to Beaverdam Creek which is a
Designated Public Mountain Trout Water.
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 was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
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:
I
-2-
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. 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
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 NWP provided it is accomplished in strict
accordance with the enclosed conditions, and those outlined in the attached
March 4, 1993 WRC letter. These NWP do 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 NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP'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,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
1-4er. 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
N.C. Wildlife Resources Commission
Mr. Mark S. Davis
Route 1, Box 624
Waynesville, North Carolina 28786
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9 North Carolina Wildlife Resources Commission U
312 N. Salisbury Street, Raleigh, North Carolina 2%611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Mr. Robert Johnson, Office Manager
U.S. Army Corps of Engineers, Asheville
FROM: Mark S. Davis,
Assistant Fisheries Biologist
DATE: March 4, 1993
SUBJECT: Review of a 404 permit application by Dr. Jim T. Long
to drain a 0.065 acre wetland area in a pasture located
off of SR 1448 (N. Jones Creek Road) near Franklin,
Macon County-
Dr. Jim T. Long (70 Jones Creek Rd. Franklin, NC 28734) 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 23, 1993, for the purpose
of assessing potential construction impacts on wildlife and
fisheries resources. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et.
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d).
Dr. Long proposes to reopen and replace 3 old drainage tiles
that are no longer functioning in low lying areas of open
pasture. The area to be drained is less than .10 acre and
vegetation consists of fescue with several clumps of Juncus sp.
The tiles will drain into Jones Creek and its tributaries. The
purpose is to enhance the pasture for grazing and improve
wildlife habitat in the surrounding area.
Jones Creek (LTN 1-40-14) is a tributary to Cartoogechaye
Creek which is Designated Public Mountain Trout Water (DPMTW) and
managed by the NCWRC as a Hatchery Supported trout stream. This
stream has a bankfull width of 8-10 feet and a substrate of
boulders, cobble, and sand-silt. It provides good quality
habitat and supports a wild trout population as well as
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populations of other nongame species. The project should not
impact any wetlands or habitats that would likely support any
endangered, threatened or special concern species.
The NCWRC does not object to the issuance of a permi"_.,
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) 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.
3) Consult NCWRC Wildlife Biologist concerning wildlife
plantings and development of the wetland area adjacent
to Jones Creek.
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.
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr- Governor [D C F1
Jonq?han B. Howes, , Secretary C
A. Preston Howard, Jr., P.E., Director
July 8, 1993
Mr. Lewis Blanton
8935 Old Federal Road
Ball Ground, Georga 30107
Dear Mr. Blanton:
Subject: Proposed fill in Wetlands or Waters
Pond creation
Cherokee County
DEM Project # 93527
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.7 acres of wetlands or
waters which are tributary to Bryson Creek for pond creation
located at SR 1326 in Cherokee County as described in your
submittal dated 10 June 1993, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2671 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. 26.
If this Certification is unacceptable to you, you have the
right,to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. Unless such demands are made, this
Certification shall be final and binding.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,_-,,
reston Howarth; Jr. P . E .
93527 .ltr }/.
Attachment J
cc: Wilmington District 'Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
MEMORANDUM PRINT NAMES:
Reviewer:
..__?, v(e_
TO: John Dorney WQ Supv.: ?td1 r(p F'RW
Planning Branch DATE: ?? - aa?t3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM 114UST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **
PERMIT YR: 93 PERMIT NO: 0000527 COUNTY: CHEROKEE
APPLICANT NAME: LEWIS A. BLANTON
PROJECT.-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE #: DOT #:
RCD
FROM
CDA: APP FRM
CDA:
DATE 06/15/93
_
_
REG_OFFI CE : ARO _
_
RIVER-AND-SUB-BASIN-4: -{; ,?yss c c 04 'OS
STREAM_CLASS : C- -r
WL_IMPACT?: Y/©
WL REQUESTED : A/D
WL SCORE(#):
HYDRO_CNECT?:0/N
MITIGATION TYPE:
STR_INDEX_NO : 1- 72' 6
WL__TYPE : S t Y
WL_ACR_EST?: Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION?: Y 9
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: Y(T
RECOMMENDATION (Circle One): SStU ISSUE/COND DENY
COMMENTS : 71"L '? 'e-z!V -t Le
4. -Y p d C v?.r r ?_, TL ??? z P i s r7 O r

cc.: Regional Office
Central Files
!' .!' - 6 1993:

8935 Cold Federal Road
Ball Ground, Georgia 30107
June 10, 1993'"
Water Quality Planning Division of Environmenta:
NC Department of Environment, Health, and Nature
P. 0. Box 29535
Raleigh, NC 27626-0535
Attention: Mr. John Dorney
Dear Mr. Dorney:
Enclosed are seven copies of the Joint Form for Nationwide
permits. David Baker from the Asheville Regulatory office
of the Corps of Engineers, [phone], has already
inspected the location where the road will be crossing the
streams and found no reason for the Nationwide Permit #14
to be disapproved.
I am also sending the original of the above mentioned form
to the Wilmington District Engineer, Corps of Engineers,
Department, of the Army. I'll be glad to furnish any other
information that, you may need.
Sincerely,
Lewis A. Blanton
DEM ID: / at;q r) ACTION ID:
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]
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD B "tlixl NGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION AGEMENT.
PLEASE PRINT. 1. Owners Name:
IeW la Al o 19
d - ..2? 010
2. Owners Address: 993S' 0/4 e 1 RvaLJ oa
3. Owners Phone Number (Home): D 6 ' g 7 ' D.1 A- (4f--ET LAND iY SECT1?iP5 y a- -1
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: C Ae yn Le
Nearest Town or City: U At a ka.
Specific Location (Include road numbers, landmarks, etc.): S? 1 / 3 2- c
6. Name of Closest Stream/River: 46 Z s o N C Y e e AK
7. River Basin: i cJ a- -s -r e e,
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [tl
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: .7, Z0+ r CIS
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: -1 Ac
Drained:
Flooded: he
Excavated: A c
.
Total Impacted: 7 A a
R

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): _ C o y S f v u c t s nt a/ 1 f"
p Ap?t Y-IUt.21% s; 8rrr.,?v vie k Near At C?Aerok ¢ Gn
13. Purpose of proposed work: ern : k a. b : f at
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. t h i s it u et n M a to I w? f I a Nd s
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 or threatened species or critical
habitat in the permit area that maybe 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 [ r.]?
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? O .V l a ev et
F. If applicable, what is proposed method of sewage disposal? W-A
6-F-93
Owner's Signature
Date

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