19930985 Ver 1_COMPLETE FILE_19931211

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 20, 1993
Regulatory Branch
Action ID No. 199400957 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Mr. Mike Snow, Director
Water Operations Division
Duke Power Company
Post Office Box 158
Anderson, South Carolina 29622-0158
Dear Mr. Snow:
Thank you for your application of December 7, 1993 for Department of the
Army (DA) authorization to install a water line across Cleghorn Creek upstream
of Barber Road (SR 1149) and Richardson Creek upstream of Jack McKinney Road
(SR 1111) south of Spindale, Rutherford County, North Carolina. The purpose
of this proposed work is to serve the New Cherokee Corporation plant. This
work would affect less than .2 acres of open water channel area.
For the purposes of the 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. 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval. The North Carolina wildlife Resources
Commission has.commented that your proposed work will not cause significant
effects to waters supporting trout.
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
r

e
-2-
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 Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
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
Ms. Kim Timmons
B.P. Barber & Associates
Post Office Box 17009
Spartanburg, South Carolina 29301
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
December 6, 1993
Mr . Kim Timmons
B.P. Barber and Associates
349 East Blackstock Road
Spartansburg, S.C. 29301-3799
Dear Mr. Timmons :
Re: Water line crossings
New Cherokee Corp., Duke Power Co.
Rutherford County
DEM #93985
?EHNR
The Division of Environmental Management has reviewed your
submittal for a 401 Certification for water line crossings at New
Cherokee Corp., Rutherford County. Your application was not complete
since no completed application form.was received (attached) for your
Nationwide Permit No. 12 project.
I can be reached at 733-1786 if you have any questions. Until
this information is received, I will request (by copy of this letter)
that the Corps of Engineers place this project on hold.
Sincerely,
Joh R. Dorney
93985.on
cc: Asheville DEM Regional Office
Wilmington District of COE
Asheville Field Office COE
Central Files

IT
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
Ft
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office
DEHNR
WATER QUALITY SECTION
November 10, 1993
MEMORANDUM
w
TO: John Dorney, Su
Wetlands and Te__4
THROUGH : Forrest R. Westall
Water Quality Region Supervisor
FROM : James R. ?bi ?!?.?f
Environme to crineer
NUV 1 6 IM , d
SUBJECT: New Cherokee Corporation
401 Certifications for Water Line Crossings
Rutherford County
Attached please find a letter and plans regarding New
Cherokee Corporation's water line crossings. Insufficient
detail exists to determine if adequate measures will be
employed to insure maintenance of the turbidity standards
below the proposed stream crossings.
Since I am unaware of what constitutes a complete package
for 401 certification purposes, please communicate with
Ms. Kim Timmons advising her of what must be submitted
with her request. Your assistance in this matter is
appreciated.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
E N G I N E E R S - P L A N N E R S - S U R V E Y O R S
349 EAST BLACKSTOCK RD / SPARTANBURG, SOUTH CAROLINA 29301-3799
TELEPHONE [phone] FACSIMILE 803 574-1769
MAILING: P.O. BOX 17009 / SPARTANBURG, SOUTH CAROLINA 29301-0101
November 3, 1993
Mr. Jim Reid
N. C. Department of Environmental Health
and Natural Resources
Division of Environmental Management
59 Woodfin Place
Asheville, NC 28801
Re: Rutherford Co./New Cherokee Corp. Water Line
Duke Power Company
Rutherfordton - Spindale Water System
Dear Mr. Reid:
I am writing in response to comments from the Division of
Environmental Health Public Water Supply Section regarding possible
requirement of a Section 401 Water Quality Certification for stream
crossings involved in the referenced project. Enclosed is a copy
of the index map for the project and the plan sheets showing the
stream crossings. Please review this information and let me know
what/if any further information might be required.
Do not hesitate to contact me with any comments or questions.
Very truly yours,
4't?? 41'rv??
Kim Timmons
N?Iz?
KT/res
cc: Henry Payne
l5 U 15
NOV - 4 1993
WATER oUALITY SECTION
ASHEVILLE REGIONAL OFFICE ? t
IMPORTANT
To_ - ? ) I
Date - 13 Time o9 i1156
WHILE YOU WERE OUT
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message ?n ?t
Signed
N.C. Dept. of Environment, Health, and Natural Resources
0?? -
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
December 20, 1993
Mr. Mike Snow
Duke Power Co.
Water Operations
P.O. Box 158
Anderson, S.C. 29622
Dear Mr. Snow:
F= F=1
Subject: Proposed fill in Wetlands or Waters
Water line installation
Rutherford Count p
DEM Project # 310 _t + q 3 ! s?
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.2 acres of wetlands or waters which are
tributary to Cleghorn and Richardson Creeks for water service
installation located at SR 1149 & SR 1111 in Rutherford County as
described in your submittal dated 7 December 1993, we have determined
that the proposed fill can be covered by General Water Quality
Certification No. 2664. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage.
under Corps of Engineers' Nationwide Permit No. 12.
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 Howard, Jr. P.E.
931025.1tr
Attachment
cc:' Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
24r. 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
4. -- -- (?
-- J - - - 40 1 ISSUED
U'61) ACTION ID:
12
Nationwide Pe: nit ReAl:Gst'!4 (Provide Nationwide Pornit
JOLT FORM FOR
Nationwide permits that require notification to the Carps of Engineers
Nationwide permits that require application for Section "01. certi ication
,'vIL?iZ??GTON DISTRICT ENCLticE?
CGRIPS OF NGiNc=RS
.a.R.'viY
DBPART'vtENT OF THE
RO. Box 1890
', ilrn.ington, NC 2$402-1890
A iii: CcSAw-CO
Ieicohone (919) 251-511
`,/A .? OU,?.I i- V_ i iv-L 1IG
DIVISION Or F'!VL? O;f.'? ?N.=GE1E'+
NC DBPART',IBN T OF cNV
NMf T_
ATUP-AL RESOUR
P.O. Bor. 29535
Raleigh, x!C 27626-0535 _ a 19
_j-7 DORI\Tz.
Telephone [phone]
G Y i') COD-f OF 7:-= Cri ?L°i _TED °? "C.y-ON SriOL?D °E Sid
COP S S'r.CL`L.D BE ISENi TO irE `l.C. LSION OF
PLE.a.SE P_ 2.?i.
Duke Power Company - Water Operations _
1. O??e:s ivame:
2 Ovme s Address, p. 0. Box 158, P.rderson, SC 29622
3. OWr!ers : -one Number (Horne):
(Work):
r ja
i
i

[phone]
4. li AaDllcable: Agent's name or ,responsible corvorate official, acdress, phone numoer:
Mr. Mike Snow, Director of Water Operations
Duke Power Co.
p. 0. Box 158, Anderson, SC 29622 [phone]
5. r oca ti on of -w o r;' (: "ST ATTACH M. AP)• County: Rutherford
Spindale
?j? ?St TO w7: c: Ct.j
Sceciitc Locadon (Include road numbers, lar.cLlnarks, VL.): Cleghorn Creek near intersection of Saber
Rd. (SR 1149) & Cox Rd. (SR 1005) ; Richardson Creek @ Jack McKinney Rd. (SR 1111)
b. Name of Closest StwCam/R.ivcr: Cleahorn Creek & Ric a d n ?Y
7 River Basin: Broad River
QW, ORW, WS L or WS II? YES i ? NO S. Is this project loca"d in a watershed c: ssifled as Trout, SA, H -
9 Have anv Section " p erTnits been previously r'-,quested for use on this property? YEa ? ] NO [x
If yes, ezpl....?. 0.5
10. Estimatyd total num?er of acres of waters of the U.S., including wetlands, located on project site:
1 1. Number of actcs of waters of the U.S., including wetlands, irr.pacted by the proposes pfoj°w::
Filler'- 0.1
Drained:
:Zoodc?:
Excavated: o . 1
Total Impacted: 0.2

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 6" DIP water line
line
crossing Cleghorn Creek and 12" DIP water crossing Richardson Creek
vice to industrial and residential customers
! p?ose of proposed work: Slater ser
14. Smote reasons why the applicant believes that this are within activity must be carried out ? tdands. vl O, hoot ti1esums
taken to minimize wetland impacts.
re lotions will
utilities are tot be located. All applicable sediment and erosion control gu_
. coo - car tedduwitd to contact the U.S. Fish and Wildlife Service (USr WS) and/or .National panne Fisheries Sc: rice
{ '? (=S) regarding the presence or any Federally listed orproposed =or ?1sLn.g endangered or th..atened specks or c 4.dc :1
habitat n tte PC-,rut area that may be ar:ect°d by the proposed project. :lave you done so? YES ] NO L ]
RLSPONSES FROM THE USFJVS AND/OR N4RYG-S SHOULD BE FORWARDED TO CORPS.
15. You are required to ccnmct the State Historic ?rescryadon Officer (SF 'Off regarding he presence of historic
pcopc:ties in the permit ar--= which may be affect°.d by the proposed project? Have you done so? YES L ] NO 1 ]
F SPONSE FROM HE SHPO SHOULD BE FORWARDED TO CORPS.-
17. Additional information required by DEM:
.-h,. `Netland delineation map showing all wetlands, streams, and 1--es 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 melevant to the plact-ment of the
delineation line.
D. Ii a stop-nwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? rural woodlands
F. If applicable, whz t is proposed method of sewage disposal? i
i
Llh?
'if•
B. P. BAPiBEH & ASSOCIATES, INC. S.c SOC. OF ENGRS./S.C S.P.E.
ENGINEERS - PLANNERS - SURVEYORS
P.O. BOX 17009/349 EAST BLACKSTOCK ROAD/SPARTANBURG, SOUTH CAROLINA 29301
TELEPHONE 803/S76-6610
FACSIMILE NO. 803/S74-1769
O O IYI !,
_ l/ llaa ? a ?
DEC - 81993
December 7, 1993
Mr. John. Dorney
Water Quality Planning
N. C. Department of Health
and Natural Resources
Division of Environmental Management
P. O. Box 26535
Raleigh, NC 27626-0535
Re: Duke Power Company
Rutherford Co./New Cherokee Corp.
Water Line Project
Creek Crossings
Dear Mr. Dorney:
I am writing in response to the requirements of the construction permit for the
referenced project. Enclosed is the notification form for stream crossings under the Army
Corps. of Engineers nationwide permit no. 12.
If you have any questions or comments, do not hesitate to contact me.
Very truly yours,
Kim Timmons
KT/sb
Enclosure
cc: Mr. Henry Payne
D'c`?t L7: t ?l ACTION ID:
Nationwide Pe-nit Requcsted (Provide Nationwide Permit 12
JOINT FOILM, FOR
,Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section =401 certification
'WIL,`'>?N i ON DISTRICT ENO-El;E R tyVh Q'..JA1.1 i?' ?T =tip ?V iG
COi2?S 0= ?` G.NEEFRS DIVISION OF ZNVr?ON7"L r"ar
.a,R2'vi`? ?i C DEPART:-1c N FI O = -\N V ' cc
DEP.?.R i??fENT OF- THE
P.O. Box 1890 .A-\M NATUP--`,L RESOti?RC p
'Viiiaungton, NC 28402-1390 P.O. Box 29535
A1: C ESAW-CO-E Raleigh, NC 27626-0535
A1I l N: ?vfR. IOr:N DOR-'`+ v
Tetepnone (919) 25 i '511
Telephone [phone] ;
DS YRB?£tERC
SEA O - ..
I ) COPY 0r D nP?iC.?i i0?v SF;OULD BE M CE
`I.C. iJlviSIOiy OF E`? _•• .. tiAQE yf
(i) COPS S"r.OLi.D 3- 'Scti i TO THE
PLE?.SE. PRr?i.
Duke Power Company - water Operations _-
1. O?T!ers Name: _ -
2. Owners Address: P. 0. Box 158, Anderson, SC 29622
(Wort): [phone]
3. Owner P:,ore Number (Horrnt):
4. if Applicable: Agent's name or responsible corporate of,`icial, address, phone number:
Mr. Mike Snow, Director of Water Operations
Duke Power Co.
P. 0. Box 158, Anderson, SC 29622 [phone]
5, Location of work ('_vfUST ATTACH MAP). Court': Rutherford
*iea cst Tuwn cm Cio/: Spindale
Sceciftc Locadon (Include road numbers, lar'drlari's, etc.): Cleghorn Creek near intersection of Baber
Rd. (SR 1149) & Cox Rd. (SR 1005) ; Richardson Creek 1@ Jack McKinney Rd. (SR 1111)
6. Name of Closest StrearV?uver: Cle horn Creek & Richa ds n ra
7. River Basin: Broad River
' HQW ORVJ WS 1, or WS II? '.S L4 NO
S. 1s this project located in a waccrshed c.assifed as Trout, Sn,
9 Have any Section 404 pPrruts been previously requested for use on this property? YES ( J NO (XI
0.5
if yes. 10. EvimaL.d total numbtr of acres of waters of the U.S., including wedsrds, located on project site:
11. Numbcr of acres of waters of the U.S., Lzcluding wetlands, impacted by the proposed projec::
Filleti: 0.1
Drained:
:7oodcd:
Excavat:d: 0.1
Total Impactrd: 0.2

? J
12. Description of proposed work (Attach PLANS-8 1/2" X I I" drawings only): 6" DIP water line
crossing Cleghorn Creek and 12" DIP water line crossing Richardson Creek
13. purpose of proposed work: Water service to industrial and residential customers
14. Sc ce reasons why Lhe applicant believes Lhat this activity must be carried out in wetlands. ?Iso, note measures
to minimize wetland impacts. Wetlands are within the public ricrht-of-wav where the
taken utilities are to be located. All applicable sediment and erosion control regulations will
g c -pmpleted W.tn_
;. YOU are requircd to contact the U.S. Fish and Wildlife Ser(ice (USFWS) and/or National Marine Fisheries Scrv^'
l 1(FS) retarding the presence or any Ftrderally listed orprogosed for lis .g ccd..gcrcd ors ° t°ncd species o Oti....l
?,abitat in t? e pc.;-ut area that rnav be ariected by the proposed arcjec. Have /ou done so. rr- S ]
RE. S PON Sas FRO tit T:M USFNS A.NrD/OR NtM'r•S SHOULD BE FORWARDED TO CORPS.
15. You are required to contact the State Historic Frescrvadon Otiicer (SH-?0) regzrcing 1 e prese^ce of historic
piopcnies in die permit a-^^ = which may be a.*rec•.ed by the proposed project? Have you dome so? YES [ ] NO [ ]
RESPOI`NSE FROM THE S F0 SHOULD BE FORWARD TO CCRpS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and la -'cs on the property.
B. If available, representative photograph of wedands 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 island use of surrounding proper-ty'.) rural woodlands
F. If apolicable, what is proposed method of sewage disposal? ` /