19930158 Ver 1_COMPLETE FILE_19930121

ear
9 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: March 11, 1993
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199301099, request by Mr. Henry W.. Roy for a permit to
construct a private recreational fish pond within a
wetland area adjacent to east fork Savannah Creek off
SR 1313, Jackson County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and biological field staff conducted a site visit on
February 19, 1993. 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 excavate a 60-foot by 90-foot pond
at the northern end of an existing wetland. The pond will be fed
by overflow from a spring house as well as by groundwater. An
overflow pipe will return excess water to East Fork Savannah
Creek. Excavation will be done to a depth of 6-7 feet and will
be accomplished by trackhoe with the spoils being loaded into a
dump truck and then placed on uplands between the pond and the
Roy residence. The applicant proposes to enhance the remainder
of the approximate 2.5-acre wetland for wildlife by planting a
variety of native wetland species. The stated purpose of the
project is to aesthetically improve the property and to provide
habitat for fish and wildlife.
East Fork Savannah Creek is a tributary to Savannah Creek,
which is Designated Public Mountain Trout Water. East Fork
Savannah Creek provides good habitat for populations of wild
rainbow and brown trout. The existing wetland has been somewhat
disturbed, but provides habitat for various species of mammals,
birds, reptiles, amphibians, and invertebrates.
The NCWRC does not object to the issuance of the permit,
provided the applicant follows these conditions:
1) The pond outlet structure (standpipe) should be designed
to release cool water drawn off the bottom of the pond.
This will provide cooler water to East Fork Savannah Creek
and prevent thermal pollution that can eliminate habitat for
trout.
2) The NCWRC strongly recommends the maintenance of at least a
40-foot undisturbed vegetated buffer zone between pond
excavation and East Fork Savannah Creek as shown on the
figure included with the application. This will protect
East Fork Savannah Creek from sedimentation.
The NCWRC has the following additional recommendations:
1) While all of the wetland plant species proposed for planting
in the wetland are native to North Carolina, the NCWRC would
like to point out the some are not native to the mountains
of the State. Examples are blue-hyssop, lizard's tail, blue.
flag iris, and St. John's wort. The applicant may want to
revise the plant list to include only those species native
to western North Carolina.
2) The applicant states that the wetland will be planted to
enhance wildlife habitat; however, some of the wetland plant
species proposed for planting have little if any wildlife
value. Examples are blue-hyssop and blue flag iris. The
applicant may want to revise the plant list to focus on
plant species that provide food and/or cover to wildlife, as
this is a stated purpose of the project. A contact is Mr.
Ron Lance at the North Carolina Arboretum (704/665-2492),
who should be able to provide information_ about wetland
plants native to western North Carolina that provide value
to wildlife.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Micky Clemmons, District 9 Fisheries Biologist
Mr. Joffrey Brooks, District 9 Wildlife Biologist
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
Mr. David Baker, COE, Asheville
`^ }yy ?& Sing a,
1J ?yvr ?s?p.
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
March 18, 1993
Jonathan B. Howes, Secretary
Mr. Henry W. Roy
Route 2, Box 178
Sylva, North Carolina 28779
Dear Mr. Roy:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed pond creation
Project # 93158, COE# 199301099
Jackson County
Attached hereto is a copy of Certification No. 2816 issued
to Mr. Henry W. Roy dated March 16, 1993.
If we can be of further assistance, do not hesitate to
contact us.

Sincerely,
Preston Howatd, Jr. P.E.
Attachments
CC: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919:733-4984 Fax .[phone]
An Egrml Opportunity Affirmative Action Employer
I-
NORTH CAROLINA
Jackson County
CERTIFICATION
THIS 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
to Henry W. Roy pursuant to an application filed on the 19 day of
February 1993 to excavate a 60 by 90 foot pond in disturbed
wetlands.
The Application provides adequate assurance that the
discharge of fill material into the wetlands adjacent to East
Fork Savannah Creek in conjunction with the proposed pond in
Jackson County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of. Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 18 day of March, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
)A.-Preston Howard/,1 Jr . P . E .
WQC# 2816

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5TA'Q 4
Y?'Y W?m1v??.
3 1993
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
February 17, 1993
MEMORANDUM
To: A. Preston Howard, Jr.
Acting Director
Division of Environmental Managemnt
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
l %? S
i'
y
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301099
dated February 11, 1993 describing a proposed project by Ekmmry W. Roy is being
circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by )parch 19, 1993 If you have any questi®ns segardnng the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office sorts the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
i
j
P.O. Box 27687, Raleigh, North Carolina 27611-7637 -Telephone [phone] Fax # [phone]
An Equal Opporauiity Affirmative Action Employer

MEMC"NDUM PRINT NAMES:
Reviewer:
TO John Dorney WQ Supv.:
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: 0000158 COUNTY: JACKSON
APPLICANT NAME: HENRY W. ROY
PROJECT-TYPE: POND PERMIT-TYPE: IND
COE_#: 199301099 DOT-#:
RCD FROM_CDA: COE DATE_FRM_CDA: 02/19/93
REG_OFFICE: ARO RIVER_AND_SUB_BASIN_#:0109 L.iecivl-
STREAM_CLASS : C • ) y STR_INDEX_NO:
WL_IMPACT? : lJ/N WL_TYPE: {M6 F 5TR AF
WL_REQUESTED : /\j WL_ACR_EST? : (J)IN `f
WL_SCORE(#):/S WATER IMPACTED BY FILL?: ON
HYDRO_CNECT?:(Y/N MITIGATION?: Y/©
MITIGATION TYPE: MITIGATION-SIZE:
IS WETLAND RATING SHEET ATTACHED?: ON
RECOMMENDATION (Circle One): ISSUE SSU /COND DENY
COMMENTS : 'S a r o. t lo e x c s ./a C' e ) p i "l low
3 v t a n K T- 722 -t 1 ?'v? SoL.?1? n a ?s y e L° K. 7'6- 2?-- -
?23N vt- o The to ?Q UAtbnd ave. -14e- a ,,--a h sj bee -m e)oA
?gv pJ5 {ti i P ?ou t ,3 fjnq4 11 -to j? of-`v?O e1errr'on ?r 7-4 -C
ea{ ?o?? cu?? ?? add Sic„,P Dyer. c? n 1`e?. iop tvs7`?LSLS
cc: Regional Office
Central Files -M:
D 1993
MARIu
II q30 ?d TI
W/Hydrologically connected
o Hydrologically Isolated
Wetland type (select one) o Other '
o Swamp forest o Shoreline
o Bottomland hardwood forest c? Stream channel
o Carolina bay o Saft marsh

o Pocosin
o Brackish marsh .
•
o Pine savannah o Freshwater marsh '
o Wet flat V Bog/Fen
o Perched o Vernal pool •
••••••.•••.•?•.•••.••..•`s
m••••••• •••..••.•••••. ••?•••?••
u
Water storage
Bank/Shoreline stabilization
00 _
x 4
.
Pollutant removal > >

......................
Sensitive watershed
x 1.50.
Dispersal corridor Wetland score.
...: .................
Special ecological attributes .
Wildlife habitat x 1.50 = `??>>'??s>`
Aquatic life value 1

................:.
Recreation/Education
>': =
Economic value x 0.25 >>> ;::»>'>

Wetland area pVOxM? f- (u I acres Wetland width lop feet
Nearest road 6 .,4 + rte-k- R )
r? WAM1NR???
State of North Carolina
Department of Environment, Health, and Natural Resources
512- North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor .
February 17,,1993
MEMORANDUM
TO A. Preston Howard, Jr.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301099
dated February 11, 1993 describing a proposed project by Elemmsg/ W. Roy is being
circulated to interested state agencies for comments on applicable Section 404
and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by March 19, 1993 If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. kox 27687, 161cikh, North Carolina 27611-7687 '1dephonc 919-733- lax N 919731 OS13
An f:qual OPportunity Affirmative Action L:mploveT.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199301099
February 11, 1993
PUBLIC NOTICE
HENRY W. ROY, RR 2, BOX 178, Sylva, NORTH CAROLINA 28779 has applied for a
Department of the Army (DA) permit TO CONSTRUCT A PRIVATE RECREATIONAL FISH
POND WITHIN A WETLAND AREA ADJACENT TO EAST FORK SAVANNAH CREEK OFF SR 1313,
EAST FORK ROAD, Sylva, Jackson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USAGE). Plans submitted
with the application show the excavation of a 60-foot x 90-foot pond at the
northerly end of the wetland. The pond will be fed by overflow from a spring
house as well as groundwater. An overflow pipe will return excess water to
East Fork Savannah Creek. Excavation, to a depth of 6-7-feet, is to be
accomplished by trackhoe with the spoils being loaded into a dumptruck and
then dumped on upland property between the pond and the Roy residence. The
applicant proposes to enhance the remainder of the approximate 2.5 acre
wetland for wildlife by planting a variety of native wetland species (see list
attached with project plans). The stated purpose of the work is to
aesthetically improve the property and to provide habitat for fish and
wildlife. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint-on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
1
-2-
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
And Us ;nt nded use on the public interest Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be-expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
.r rri ?rri+z. -
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy•npeds, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials.; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the (USACE) to
determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.

Generally, the decision whether-to issue this DA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 15, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687., on or before March 8, 1993, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., March 19,
1993, or telephone [phone].
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Wetland Restoration 9 Native Trees & Plants • Triploid Grass Carp
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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 February 11, 1993
Regulatory Branch
Action ID. 199301099
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27637
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Henry W. Roy, for Department of the Army
authorization and a State Water Quality Certification to excavate a
recreational fish pond in wetlands adjacent to East Fork Savannah Creek at his
property off of East Fork Road, Sylva, Jackson County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by April 12, ;993, the District Engineer will dee[, ghat
waiver has occurred. ?
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
/ cl'v Wayne Wright
Chief, Regulatory Branch
Enclosure

A
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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Ave., N.W. Wash 4"% DC 20314-1000.
0 of the Rivers and Harbors Act of 1899,. Section 404 of the Clean Water Act and _
The Department of the Army permit program is authorized by Section: l
.
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in or affecting navigable waters of the
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits auttmortanp aclivities
United States, the discharge of dredged or fig material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the applcabon for a permit Information in this application is made a matter of
public record through issuance of a public notice. Disolmrs of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be Watied.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the &at= of the proposed activity. An application
that is not completed in fug will be returned..
1. APPLICATION NUMBER (ro be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTMORIZED AGENT
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Telephone no. during business hours r r ,
2. NAME AND ADDRESS OF APPLICANT

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(Office)
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/t ' ` Statement' of Authorization: I hereby designate and authorize ' ' :' ...
S Y Iva , NC 2 5779 IREGLLiUU;i; (i;ji- ,,?!;r`j to act in my
Telephone no. during business ll?urs behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C (7 0 91) 5'0 *6 -Clog (Residence) SIGNATURE OF APPLICANT DATE
A/C ( ) (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
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4b. PURPOSE GL p g rcl de prop 64,/ o- rnd Pro v ?-e
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4c. DISCHARGE OF DREDGED OR FILL MATERIAL
Pace . a,// bre-J c- ftt Jerio-1 i u"^
S0 ?o 7S ee,4- U.phsll -'row pond, 0n.
Cy %s ?? tn9 5 lope rt Frarl,,4- 07P Nome
ENG FORM 4345. Jan 91 EDITION of AVk ee IS oesoLU (Proponent: CECW-ON)

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2 Qo l?D , _
.Sy lea., /V Z s 7 xq
s86 ._4C 7Z9
5-74- 14` 6 6 q
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
S'AP rL /o catch o n &' prop e'''->' i ° r-? A- as f
po i^? l' olti
7.' LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
R R 2 ,f3 o X /7?
STREET, ROAD. ROUTE OR OTHER DESCRIPTIVE LOCATION
JTa., hso, tyC 2-9771
COUNTY STATE ZIP CODE
To W r\- ?? ? v 1 y a-, N L
LOCAL GOVERNING BODY WITH JURISDICTION OVERBITE
8. Is any portion of the activity for which authorization is sought now complete? ? YES JK NO
It answer is "yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
I
I
I
10. Application is hereby made for a permit or permits to authorize the activities described herein. 1 certify that I am familiar with the information contained in the
application, and that to the beat of my knowledge and belief such information is um complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
AA 02
1-Z?'93
SIGNATU F APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed. .
IS U.S.C. Section 1001 provides that Whoever, in any manner within the jtuisdicliort of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or boft
lReverse of EM FORM 43151
C
t.

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It, . -
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 11, 1993
Regulatory Branch
Action ID. 199301099
Mr.Roy
RR 2, Box 178
Sylva, North Carolina 28779
Dear Mr. Roy:
?7r--T- - I
T, '14
S: March 11, 19931-?t
Reference your application for Department of the Army (DA) authorization
to excavate a pond in wetlands adjacent to East Fork Savannah Creek at your
property on East Fork Road in Sylva, Wt. n-County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.

-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by March 11, 1993. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact David Baker in
our Asheville Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
11.*? John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
APR 3 0 1993
a WETLANDS GROUP
State of North Carolina WATER UAUTY Q ,T, e`F
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan R Howes, Secretary
April 29, 1993
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Mr. Wright:
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action I.D.
#199301099 dated February 11, 1993 which describes a project proposal by Henry
W. Roy of Sylva. The project, involving the construction of a recreational
fish pond within a wetland area, is located adjacent East Fork Savannah Creek,
in Sylva, in Jackson County. ,
During the course of the review, two key agencies submitted favorable
comments. This office usually receives important comments from the Natural
Heritage Program in projects of this type. To date, no comment has been
received, therefore, we submit the following:
Wildlife Resources Commission: - fol-md favorably and provided two
recommendations that were made a part of the required permit. Two
other recommendations were suggested in the Commission's memo-
randum which is enclosed.
Division of Environmental Management -issued the required Section
401 Water Quality Certification on March 18, 1993. Certification
No. 2816 provides a turbidity standard to insure downstream water
quality.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the responding agencies.
ery sincerely,
J?rKi1 R. Parker, Jr?f
Inland '404 Coordinator
cc: Wildlife Resources Commission
Division of Environmental Management(/
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] fax # [phone]
An Equal Opportunity Affirmative Action Employer
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