19930253 Ver 1_COMPLETE FILE_19930330

State of North Carolina
Department of Environment, AIFW?IFA
Health and Natural Resources A4*
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary D E H N
A. Preston Howard, Jr., P.E., Director
June 7, 1993
John H. Medford
Route 4 Box 152
Waynesville, N.C. 28786
Dear Mr. Medford:
Subject: Proposed fill in Wetlands or Waters
Stream stabilization
Haywood County
DEM Project # 93253
Upon review of your request for 401 Water Quality Certification to place fill material in
0.02 acres of wetlands or waters which are tributary to Jonathan's Creek for 100 feet of
stream stabilization located at SR 1350 in Haywood County, as described in your submittal, dated 29 March 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 you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
reston Howard, Jr. E.
93253.Itr
Attachment
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
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
May 3, 1993
John H. Medford
Route 4 Box 152
Waynesville, N.C. 28786
Dear Mr. Medford:
Subject: Proposed
Stream st
Haywood
DEM Pro
Nova
E:) F= F:1
Upon review of,. luality Certification to place fill material in
0.02 acres of wetlands to Jonathan's Creek for 100 feet of
stream stabilization locL,,-- County, as described in your submittal
dated 29 March 1993, we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2665 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. 13.
If you have any questions, at 919-733-1786
a1?
93253.Itr
Attachment
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/ 1 0% post-consumer paper
A
D R17 nq-
DEPARTMENT OF THE ARMY
oaf /
WILMINGTON DISTRICT, CORPS OF ENGINEERS
i ,mil ?? ,.? ? li ????•:?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 29, 1993
Regulatory Branch
Action ID. 199302090 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. John H. Medford
Route 4, Box 152
Waynesville, North Carolina 28786
Dear Mr. Medford:
Reference your March 23, 1993 application for Department of the Army
authorization to relocate approximately 100 feet of an unnamed headwater
tributary to Jonathan Creek at the junction of I-40 and Rabbitskin Road near
Maggie Valley, Haywood County, North Carolina. The creek is to be relocated
to allow for a waste area from road construction on I-40. This project has
been coordinated with the N.C. Wildlife Resources Commission (WRC).
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 1 acre 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.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions, and those outlined in the attached
April 12, 1993 WRC letter. This NWP does not relieve you of the responsibility
to obtain any required State or local approval. It is recommmeded that you
contact Mr. John Dorney with the State of North Carolina, at telephone (919)
733-1786, to ensure that you have complied with state water quality
certification requirements.

-2-
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 Mr. David Baker in our Asheville
Regulatory Field office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
p; 'p
r -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
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Taylor and Murphy Construction Company, Inc.
Mr. Michael F. Long
Post Office Box 6215
Asheville, North Carolina 28816
gT,,'R_C.RANDT_ M SPRINT
Re'
John Dorney WQ
Planning Branch
3UBJECT. WT.11 `LAND STAFF REPORT AND RECOMMENDA'.1'.10N^
xe * *EACH ITEM MUST BE ANSWERED (USE, N/A FOR
PERMIT YR: 93 PERMIT NO:
APPLICANT NAME :JOHN H. MEDFORD
PROJECT-TYPE; COMMERCI.A.I .., FILL
C.:0E..,#
R,CD_FROM_CDA: APP
REG.w.)FF I CE : ARO
STREAM-CLASS: WL_IMPACT?: &Y/

NAMES:
:'u pv .
DATE :
NOT APPL:IC:.A}',T C) *
0000253 COUNTY: HAYWOOD
PERM;I T -TYPE : IR413
DOT #.
DATE_I'RM CDA : 03/29/93
IZIVEr?.._AN'D...,$U?_LASIN,_# : L -7ro "tk" e titltc-__
S'I' . I N EY NO : ? ©feC d2"
WL_TYPE:

WL_REQUESTED: ? Q 3 xze-- WL_AC}Z-ES'T'`?: YN
WATER IMPACTED BY FILL ?t
WL..__f3COR.E(#) :
11 ON
HYDRO_CNECT?:eN MITIGATION?: Y0
q I T I G.AT I ON_TYPE : /,_) / pr-- MITI GAT I ON.__S I I ] u : / J/ra_ '
COMMENTS:
IS WETLAND RATING SHEET ATTACHED? : YJ
RECOMMENDATION (Circle One C. ;S:';il?"a ,TSSUE/COND DENY

Cc,: Regional Office
Central Files

it
1993
APR '29
m
.
.
Wetland type (select one) ? Other ;
Swamp forest ? Shoreline •
? Bottomland hardwood forest T Stream channel o
Carolina bay ? Salt marsh
? Pocosin ? Brackish marsh •
Pine savannah ? Freshwater marsh ;
? Wet flat ? Bog/Fen •
D Perched ? Vernal pool ;
0 9 0 0 0 0• O• 0 0 0 0• 0• 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0. 0 0. 0
sum . 0 0 0 0 0 0«
Water storage I •
B a
ank/Shoreline stabilization

x 4.00 - -
Pollutant removal

Sensitive watershed ?_ ;:;:::;
1
50 = °°" •
.

Travel corridor 1 .

>s>< Wetland
score.
*
Wetland area acres Wetland width 30Q_ feet
Nearest road NCS-OZ C' 3:5 0
? Hydrologically connected ? Hydrologically isolated ;
.1 r. 2 2 ?993
i--- ! 910NDS GROUP
DEM I D : ' WAUALITY SECTION ATI ON ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
?1.
V/2.
VAR 1993
PLEASE PRINT.

OWNERS NAME: JOHN H. MEDFORD
OWNERS ADDRESS: ROUTE 4 BOX 152
WAYNESVILLE NC 2.8786
VI"3. OWNERS PHONE NUMBER (HOME): 704-926-17R_ (WORK) :
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
? 5.
/6.
t?/7 .
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: _ HAYWOnn
NEAREST TOWN OR CITY;. MAGGIE VAT T FY . N(-
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): T-40 WP,g- to
Exit 20, qo to stop sign at end of ramp, proceed straight onto
SR 1350 (Rabbit Skin Road) First drive on right is at the lower
end of this property..
NAME OF CLOSEST STREAM/RIVER: RABBITSKIN BRANCH
RIVER BASIN: FRENCH BROAD
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [X] NO [ ]
t//9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO [X]
IF YES, EXPLAIN.
0. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.03 ACRES
213192

0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
April 12, 1993
Mr. Robert Johnson, Office Manager
U.S. Army Corps of Engineers -
Regulatory Branch
Room 75, Grove Arcade Building
Asheville, North Carolina 28801
SUBJECT:. A review of an application by Mr. Michael F. Long of
Taylor & Murphy Construction Co. Inc., to realign a 100-
foot section of an unnamed tributary to Jonathan Creek
at junction of I-40 and Rabbitskin Road, Haywood County.
Dear Mr. Johnson:
Mr. Long is 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. I have
reviewed information provided by the applicant, and I am familiar
with habitat values of the project area. An onsite investigation
was conducted on April 7, 1993 to further assesses 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).
The applicant proposes to realign a 100-foot section of an
unnamed tributary to Jonathan Creek. The work is being done to
enlarge an area that will be use to dispose of concrete debris
from road construction on I-40.
Jonathan Creek is Designated Public Mountain Trout Water
(DPMTW). This unnamed stream is to small to support a fish
population. Jonathan Creek offers good habitat for trout and
supports a small wild trout population as well as populations of
other fish species. No federal or state listed threatened or
endangered species are know to be present at this site.
The NCWRC is concerned over potential adverse impacts to
aquatic resources in this drainage. The NCWRC will not object to
the issuance of the 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. A silt fence with a backing of hay bales
placed end to end, should be placed at the toe of the fill
slope. The buffer zone should be planted with grasses and the
bank of the stream planted with willow.
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) Riprap placed for bank stabilization should not be placed
below normal water elevation so as to maintain natural
substrate in the stream. Also, riprap should be kept to a
minimum so as to retain riparian vegetation, which we prefer
for bank stabilization where practical.
4) The new stream channel should be constructed and stabilized
before the water of the stream is turned into the channel.
Thank you for the opportunity to review and comment on this
project. If there are any questions regarding these comments,
please contact Mr. Micky Clemmons at 704/452-0422.
Sincerely,
Micky Clemmons,
District 9 Fisheries Biologist
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator
WLOR •
& WURPHY CONSTRUCTION CO, INC
March 23, 1993
U. S. Army Corps of Engineers
Room 75, Grove Arcade Bldg.
37 Battery Park Avenue
Asheville, N. C. 28801-2714
Attn: David Baker
COPY
Per our earlier conversation and site visit of March 12,
1993, please find enclosed Taylor & Murphy's permit
request to straighten the creek and place clean fill in
a small area of wetlands on the property of John H.
Medford in Haywood County f6r your approval.
should you have any questions please advise.
Sincerely,
TAYLOR & MURPHY
Michael F. Long
Vice President
MFL/mk
enclosure(s):
CONSTRUCTION CO., INC.
cc: Micky Clemmons, enclosures
John Dorney, enclosures
0
1121 Brevard Road • PO Box 6215 • Asheville, NC 28816 • [phone] • Fax [phone]
. f
W.221993
DEM ID:
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
MAR L 91993
WETLANDS GR',`
WATER UALIT`( crr
{/1 .
V/2.
PLEASE PRINT.
OWNERS NAME: JOHN H. MEDFORD
OWNERS ADDRESS: ROUTE -4 BOX 152
WAYNESVILLE NC 2.8786
V3. OWNERS PHONE NUMBER (HOME) : 704_926_T7R_ (WORK):
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: CIA
? 5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: HAYWOOD
NEAREST TOWN OR CITY:. MAGGIE VAr r Fv N('
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): _T-40 wP?+- i-o
Exit 20, go to stop sign at end of ramp, proceed straight onto
SR 1350 (Rabbit Skin Road) First drive on right is at the lower
/end of this property..
6. NAME OF CLOSEST STREAM/RIVER: RABBITSKIN BRANCH
? 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 [X] NO [ ]
/9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
V10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.03 A R S
2/3/92
-2-
V '1. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.03 ACRES
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: -(`l_ 0? ACRFR
/12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
STRAIGHTEN CREEK (SEE ATTACHED SKETCH)
v/ 13. PURPOSE OF PROPOSED WORK: PROVIDE MORE AREA ON WEST SIDE OF
CREEK FOR DISPOSAL OF CONCRETE DEBRIS
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. A VRRV SMAT.T. AREA OP WFTT AWT S WTT T RF AFFPOWT)
15. YOU ARE REQUIRED TO CONTACT THE U.$. 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 [ J NO [ J
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ J NO [K1
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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? PASTURE
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
-- N /A
AWW ER'S SIGNATURE DATE
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