20010866 Ver 1_Complete File_20090101

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OF BUNCOMBE COUNTY, NORTH CAROLINA
Ms. Laurie Moorhead
NCDENR, Division of Water Quality
Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Subject: North Swannanoa Sewer, Phase 11, Sections 2 & 3
MSD of Buncombe County, NC
Dear Ms. Moorhead:
Submitted herewith, as requested, is a copy of the 401 Water Quality Certification and
Application, including the following items:
• 401 Waters Quality Certification Approval
• Corps of Engineers Nationwide Permit No. 12
• Cover letter of 401 WQ Application to Mr. John Dorney
• Corps of Engineers pre-construction notification application
• Oteen, Black Mountain, and Montreat USGS quadrangle maps showing the proposed
project
• Detail Drawings of typical stream crossing
• Item V, Grassing, Planting and Erosion Control of the MSD Standard Specifications
• The original C.O.E. permit
• The original 401 WQ certification
• The Finding of No Significant Impact issued by NCDEM.
• Location Plan for each project.
I f 'you need additional information please let me know.
Sincerely,
William P. Conner, P.E.
C'c: Ed Bradford
Stan Boyd
--Protecting Our Natural Resources---
O
Metropolitan Sewerage District
P.O. BOX 8969 ASHEVILLE, NORTH CAROLINA 28814 TELEPHONE: [phone] FAX: [phone] WEBSITE: www.msdbc.org
v ~" °?"»+r`r.j Michael F. Easley
(y? Governor
W r ?- William G. Ross, Secretary
r Department of Environment and Natural Resources
5,
Kerr T. Stevens
Division of Water Quality
May 23, 2001
Buncombe County
DWQ Project # 010517
APPROVAL of 401 Water Quality Certification
William P. Conner, Project Manager
Metropolitan Sewer District of Buncombe County
Post Office Box 8969
Asheville, NC 28814
Dear Mr. Conner:
You have our approval, in accordance with the attached oondltlons, to place fill material in waters for
the purpose of Constructing a sewer line along Swannanoa River and Flat Creek, as you described in your
application dated March 23, 2001 (complete application received April 6, 2001). After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3288.
This Certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and send us a new application. If the property Is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all Conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described In 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions listed in the attached certification. This approval shall expire when
the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This Certification and Its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
. Steven
Attachment
cC: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Flies

Division of Water Quality 1650 Mall Service Center Raleigh, NC 27699-1650
WeVands/401 Una: [phone]
Fax: [phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130645
County Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Metropolitan Sewerage District of Buncombe County
Attn: Tom Hartye,P.E., General Manager
Address: 2008 Riverside Drive
Asheville, North Carolina 28804
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.): The Swannanoa River, Flat Creek
and tributaries thereof from Grassy Branch to Ridgecrest and Montreat, NC, essentially
following Highway 70, Interstate 40, and Highway 9.
Description of Activity: to construct numerous subaqueous sewer line crossings of the Swannanoa
River, Flat Creek, and tributaries In conjunction with the construction of the Phase H,
Section 2 and 3 North Swannanoa Sewer project. The project is to replace sewer lines dating
back to the 1920' which are severely deteriorated and subject to frequent overflows. (Project
originally authorized 5/6/94 and has subsequently expired).
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
12 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict
accordance with the attached conditions and your submitted plans, and those conditions outlined in the original April 13,
1994 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of
Water Quality, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate
legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,
please contact the Corps Regulatory Official specified below.
Date 4/26/01
Corps Regulatory Official David Baker Telephone No. [phone]
Expiration Date of Vaiticsttion 4/26/03
SURVEY PLATS, FIELD SKETCH, WETI ANiD DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, TF REQUIRED OR AVAILABLE.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
'151 PATTON AVENUE, ROOM 208
P"LYTO ASHEVILLE, NORTH CAROLINA 28801-5006
AMMON OF.
Permit Number: 200130645
Permit Type: NW 12
Name of County: Buncombe
Name of Permittee: Metropolitan Sewerage District of Buncombe County
Date of Issuance: 26 April 2001
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
SPECIAL CONDITIONS:
a. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
b. The temporary discharge of excavated or fill material in waters or wetlands will be for the
absolute minimum period of time necessary to accomplish the work. Temporary discharges will
be fully contained with appropriate erosion control/containment methods or otherwise such fills
will consist of non-erodable materials,
c. The areas of waters of the U.S. that are disturbed will be limited to the minimum necessary to
install the utility lime. The work area authorized by this permit, including temporary access
roadways and permanent fills will be minimized to the greatest extent practicable. Work corridors
(i.e. cleared area) will generally not exceed forty (40) feet unless specifically authorized by the
District Engineer.
Justification for increased corridor width will be based on pipeline diameter and length, size of equipment
required to construct the utility line and other construction information deemed necessary to support the
request. The applicant is required to provide this information with the initial notification package.
d. Temporary access roadways will not span more than one-half way across any waters or wetlands at
any one time.
e. The permittee must perform the work authorized herein in a manner so as to minimize any
degradation of water quality.
f. A plan to restore and revegetate wetland areas cleared for construction must be submitted with
the required pre-construction notification. Cleared wetland areas will be revegetated to the
maximum extent practicable with native species of canopy, shrub, and herbaceous species. Fescue
grass will not be utilized.
tion.
3
Federal Register/Vol. 65, No. 47/Thursday, March 9, 2000
Nationwide Permit General Conditions
The following general conditions must be followed in order for any authorization by an
N WP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those
species of aquatic life indigenous to the waterbody, including those species which normally
migrate through the area, unless the activity's primary purpose is to impound water. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System; or in a river officially designated by Congress as a "study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality
certification must be obtained or waived (See 33 CFR 330.4(c)). (b) for NWPs 12, 14, 17, 18,
32, 39, 40, 42, 43, and 44, where the' State or tribal 401 certification (either generically or
individually) does not require'or'appi'ove a water quality management plan, the permittee must
of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed
in, or eligible for listing in, the National Register of Historic Places, the notification must state
which historic property may be affected by the proposed work or include a vicinity map
indicating the location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective
permittee must notify the District Engineer with a preconstruction notification (PCN) as early as
possible. The District Engineer must determine if the PCN is complete within 30 days of the date
of receipt and can request the additional information necessary to make the PCN complete only
once. However, if the prospective permittee does not provide all of the requested information,
then the District Engineer will notify the prospective permittee that the PCN is still incomplete
and the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective penmittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an individual permit is
required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the
following information:
(1) Name, address, and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity; and
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include
a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g.,
submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph
13(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information
regarding the original design capacities and configurations of those areas of the facility where
maintenance dredging or excavation is proposed.' t , 1 .1
(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stormwater management facilities, a maintenance plan (in accordance with
State and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters of
the United States adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the United States, a description of measures taken to comply with the
criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters
and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining
activities).
(17) For activities that may adversely affect Federally-listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species that may be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work.
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected
by the proposed work or include a vicinity map indicating the location of the historic property.
.(19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill material into waters of the United States resulting in permanent,
above-grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance
Rate Maps or FEMA-approved local floodplain maps), the notification must include
documentation demonstrating that the proposed work complies with the appropriate FEMA or
FEMA-approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the
requisite information may also be used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may, optionally, submit a proposed mitigation plan
with the PCN to expedite the process and the District Engineer will consider any proposed
compensatory mitigation the applicant has included in the proposal in determining whether the
net adverse environmental effects to the aquatic environment of the proposed work are minimal.
5
If so contacted by an agency, the District Engineer will wait an additional 15 calendar days
before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource
agency, except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered. As
required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to National Marine Fisheries
Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than
I/4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may
be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start
until the wetland delineation has been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received a Nationwide permit
verification from the Corps will submit a signed certification regarding the completed work and
any required mitigation. The certification will be forwarded by the Corps with the authorization
letter. The certification will include: (a) A statement that the authorized work was done in
accordance with the Corps authorization, including any general or specific conditions; (b) A
statement that any required mitigation was completed in accordance with the permit conditions;
and (c) The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed \1/3\ acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters
of the United States or discharges of dredged or fill material, may occur in the proximity of a
public water supply intake except where the activity is for repair of the public water supply
intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in areas of concentrated
shellfish populations, unless the activity is directly related to a shellfish harvesting
activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, may consist of unsuitable material
(e.g., trash, debris,'car bodies, asphalt, etc.) and material used for construction or discharged
must betfree'fbih'toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7
consolidated mitigation approaches, such as mitigation banks, will be the preferred method of
providing compensatory mitigation, unless the District Engineer determines that activity-specific
compensatory mitigation is more appropriate, based on which is best for the aquatic
environment. These types of mitigation are preferred because they involve larger blocks of
protected aquatic environment, are more likely to meet the mitigation goals, and are more
easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is
not available in the watershed, the District Engineer will consider other appropriate forms of
compensatory mitigation to offset the losses of waters of the United States to ensure that the net
adverse effects of the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, in spawning areas during spawning
seasons must be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important
spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must
be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity,
and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and must not increase water flows from the project site, relocate water, or redirect
water flow beyond preconstruction conditions. In addition, the activity must, to the maximum
extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an
impoundment of water, adverse effects on the aquatic system caused by the accelerated passage
of water and/or the restriction of its flow shall be minimized to the maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the United States or discharges of dredged or fill material, into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety
and the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic
Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, State
natural heritage sites, and outstanding national resource waters or other waters officially

9
permittee must notify the District Engineer in accordance with General Condition 13 and the
notification must include documentation that any permanent, above grade fills proposed in the
floodway comply with FEMA or FEMA-approved local floodplain construction requirements.
D. Further Information
1. District engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
MSID
Metropolitan Sewerage District of
Buncombe County, North Carolina
W.H. Mull, RE., General Manager
P.O. Box 8989, Asheville, N.C. 28814
Telephone: Area Code [phone]
Teloooplec (828) 2543299
Wllllam Clarke, General Counsel
March 23, 2001
Mr. John Dorney
Division of Water Quality
NCDENR
1621 Mail Service Center
Raleigh, NC 27699-1621
`Q?\??? sEwEgtQ?\
W H
i
\•••••rtRVI 0
Brady M. Blackburn, Chairman
C. Michael Sobol, Vice-Chairman
Jackie W. Bryson, Secretary/rreasurer
Steven T. Aceto
Barbaro A. Field
David Gantt
Elizabeth C. Graham
E. Glenn Kelly
Ben Pace
S. Douglas Spell
W. Donald Venable
Subject: North Swannanoa Sewer, Phase II, Sections 2 & 3
MSD of Buncombe County, NC
Dear Mr. Dorney:
Submitted herewith, for your review, are seven (7) copies each of the following items:
• Corps of Engineers pre-construction notification application
• Oteen, Black Mountain, and Montreat USGS quadrangle maps showing the proposed
project
• Detail Drawings
• Item V, Grassing, Planting and Erosion Control of the MSD Standard Specifications
• The original C.O.E. permit
• The original 401 WQ certification
• The Finding of No Significant Impact issued by NCDEM.
The North Swannanoa Sewer Interceptor Phase II was originally permitted by the C.O.E.
and D.W.Q. under General Permit No. 198100049.
After talking to the C.O.E., it is my understanding that General Permit No. 198100049
was not renewed. Projects previously permitted under 198100049 are now being re-
permitted under NW 12. Therefore, we are applying for a C.O.E. Nationwide Permit No.
12, and hereby reapplying for 401 Water Quality Certification, for the same project that
was originally permitted.
Webslte: www.main.nc.uslMSD
9k?t 1.
Mr. John Dorney
Division of Water Quality
March 23, 2001
Page 2
This project will complete the replacement of the existing sewer along the Swannanoa
River between Asheville and Black Mountain. The existing sewer dates back to the
1920's and is severely deteriorated and subject to frequent overflows. The District has
been under a directive from NCDEM for several years to complete the North Swannanoa
project.
Please be aware that North Swannanoa Sewer Phase II, Section 2 and Section 3 will be
separate construction contracts. Section 2 funding includes an EPA Grant. Section 3
funding is 100% local funds.
There are some locations on this project where Item 4 of the Conditions of Certification
cannot be adhered to, therefore requiring written concurrence/notification. Due to the
topography at these locations, we are either closer than 10 ft. to the stream, or crossing at
less than 75 ° or more than 105 °.
No significant changes have been made in the design of this project since the original
401 WQ certification. A check in the amount of $475.00, for the permit fee, is enclosed.
If you have any questions or need additional information, please call me at (828) 225-
8269.
Sincerely,
William P. Conner, P.E.
Project Manager
WPC/drm
Enclosures
Copy: Tom Hartye
Ed Bradford
File
. z
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 12-
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : /NgI1zD?U' L/TAM ??9* 49;24 ?C
2. MAILING ADDRESS : J21VE9a51,99 f3L 4Q",= 55 P,CI0k . ZPZO RIVLQ95/O4 neI VE
SUBDIVISION NAME:
CITY: smorirmmed6, STATE: /VG ZIP CODE: Z0ee?4-
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE) : (/,t194alS ZC[r l?/l/5 /?LCYV?4 ,SWAA10J0 ,44d 1V9Q--" AA/O R4-1-
-
en? /n/ --4W n/n /?NOLI L?n/D B[ pGK M4U?/T?J/ti/, NG QS 5AiN /?/ G+k/
ATrAcr??yit-1Ays.
3 . TELEPHONE NUMBER (HOME) : /V11A (WORK) : (BZS) 025- 6069
4. IF APPLICABLE: -ASONT''S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER : -r6VVI NA,e7YE . P gyp./ A?' A44k/,G1 C9t
6Z9) 025 ozev
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: 941NLOMBL4?7 NEAREST TOWN OR CITY: BL.L(GK /{/?DL1?/l.Yl/^/? /VC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
6. IMPACTED OR NEAREST STREAM/RIVER: !5V,44 RIVER BASIN: 7P. 1441 SQA4Q
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATER•S/(HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II) ? YES [v ] NO [ ] IF YES, EXPLAIN: ;$W,4A/iJAAAI4 g/VACZ /s
:.^T?s?iS?Y 6c/Tb?? TxsbttT" ?tyl - .:?Tf?U?I GLS?'S6/F/?srTK?^.1 /S ?C ?:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? 14A YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: /ti[/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [? J NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : 11215 L"T?/4/JS?_y
P£R, axa> t1nyxp c*Ekta=R&L pwg,y Ay 1981 49. Ac ,60 --coo 199462460
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [bllf IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N?Q , e,6WW- 9??I0747'
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: D K,NGWiV
sJA4¢1S"e-,"&v4L wzmMkvoS.
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION : 01u5i -T6- vv/?4A5 /,F=-
FLOODING: 7oNA? W?'Tt.?{ti/oS
OTHER :
DRAINAGE:
TOTAL ACRES TO BE IMPACTED:
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
CULVERT LENGTH: /l/& FT LENGTH OF BANK STABILIZATION: /,j=• FT -
LENGTH BEFORE: A114 FT AFTER: Al FT
WIDTH BEFORE (based on normal high water contours): A4 1A FT
WIDTH AFTER: 11A FT
AVERAGE DEPTH BEFORE: NIA _FT AFTER: 141 FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER : ?rG3 i / /5 -,"Zo4M TD g LJ i W Ea,-:51r . -7"?E •
11. IF CONSTRUCTION OF A/ POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
E5T/M GB 4*7',y 40F --4=--4A4644K ?rs?8/G./z'34T11?/ FZ ?^?'4 F72u?1 --
Su?A ? 0r)VOYM -*Oo AAGS. AWAAflAG Okie
G 17Z1,? +/
GRo.?C? /s L/.N/l? SYca????'r.?rcrtan/ ?<1,54?'1ENT5.
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8 % X 11" DRAWINGS ONLY):
l dAOMIdMA/ 41cr 6&W&V L/N? ? i qGE?/?1%, AD?11?,fcsG.eoSSYiJ?S
? ?dngl-T» S wme- Re s Pk -160-46;0 W144-957
/A8rAL...&7J gEZ *J ?ST ZE,?IrVl BEa ANO .ssy IAJ40 7T.?k?B?cK.c, S
13. PURPOSE OF PROPOSED WORK: (n/!GL B? u5®•
AQ5;6s A,( Mw/C amng5 BAS To -r;4e •
4 -7? ZO ?5 ANO /6 .5EYE,?y ogg ?G y-=p AAyD 5 uS?./?'?i To
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
15. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [Vf'**'NO [ ] (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
?vv/1a?vM?n1?,¢SSE?S?r9v?tT•, ?(RSf? /^I /993
YES [k'-] NO [ ] NG,D6'M 1S.5[1SZ> Fb"« l 712.ah 3.
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE. NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [v'] NO [ ]
FavS I 165l1AV 7*193 , ?G ITT /?
IF ANSWER TO 15b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
16. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. alA
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
/NDl1S7L?/.?G ??/GI? 414 A177 44i? CzIZX 71,G 4 L •
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? AO AIA
Sir=;WA64' )=/oV/ 8Y -77-115 B92J4CT'
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
?- c 3 /s o
ER'S/AGENT S I ATURE DA E
(AGENT'S SIGN E VALID ONLY
IF AUTHORIZAT ON LETTER FROM
THE OWNER IS PROVIDED (16G.))
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1.
SHEET PILING @
CONTRACTOR5 OPTION FILTER
COMPACTED SELECT FABRIC
MATERIAL
1
24" CLA55 II 1
RIP-RAP
RIVER FLOOR
CONCRETE
DUCTILE IRON PIPE
5ANDBAG5 OR OTHER
APPROVED MATERIAL
CLA55 II
RIP-RAP
RIVER FLOOR
SECTION A-A
COMPACTED
SELECT
MATERIAL
FILL W/ NATIVE
MATERIAL UP TO
RIVER FLOOR
NOTE: NARROW 5TREAM5 -?`
MAY REQUIRE PLACEMENT CLA55 II
OF TEMPORARY CULVERT .-RIP-RAP
24" CLA55 II
RIP-RAP
VER BANK
RIVER BANK
PLAN
RIVER CROSSI NG COFFERDAM DETAI L
N.T.5.
STANDARD DETAIL
Sewerage District
Metropolitan of
Buncombe County, North Carolina
TEMPORARY COFFERDAM DETAIL
APPROVED: JANUARY 27, 1997 1# MSD-69A

5.01 Scone
(a) Grassing, planting and surface restoration consists of performing all labor and
furnishing all materials to do the grassing and planting work complete as shown
on the plans and specified herein, including ground preparation and fertilizing,
seeding, hydro-seeding, mulching, erosion control netting, and tree root
protection, vines, shrubs and tree planting and transplanting. This work shall also
include the maintenance and watering and any necessary replanting.
(b) Fertilizing, seeding, and mulching of disturbed areas shall be completed within
thirty (30) working days following the initial ground disturbing activity. This
may require that a temporary seeding mixture be used during given dates of the
year when permanent seeding would not be allowed. Said temporary seeding for
compliance shall be replaced by permanent seeding during allowed seeding dates.
(c) Slopes steeper than 3:1 shall require Hydro-seeding unless otherwise approved by
the Engineer.
(d) The area within the limits shown on the plans, (and upon the direction of the
Engineer, all areas disturbed as a result of the construction of the sanitary sewers)
shall be planted with a mixture of grassing seeds and mulched as herein specified.
(e) Vines, shrubs and trees shall be placed as shown on the planting plan or as
authorized by the Engineer.
(f) Grassing shall be seeding and mulching or hydroseeding. Mulching shall be straw
as specified herein.
5.02 Materials
(a) Fertilizer
(1) The quality of all fertilizer and all operations in connection with the
furnishing of this material shall comply with the requirements of the North
Carolina Fertilizer Law and with the rules and regulations, adopted by the
North Carolina Board of Agriculture in accordance with the provisions of
said law, in effect at the time of sampling. All fertilizer will be subject to
sampling and testing by the Engineer, or by an authorized representative of
the North Carolina Department of Agriculture, or both.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Pagel
North Swann Phase fl, Sect. 2 - Revised 6/7/2000 pmc
(2) Dry fertilizer shall have been manufactured from cured stock. During
handling and storing the fertilizer shall be cared for in such a manner that
it will be protected against hardening, caking, or loss of plant food values.
Any hardened or caked fertilizer shall be pulverized to its original
condition before being used.
(3) Liquid fertilizer shall be stored and cared for after manufacture in a
manner that will prevent loss of plant food values, and a homogeneous
blend of plant food elements shall be maintained or re-blended to the
original condition immediately before use.
(b) Limestone
(1) The quality of all limestone and all operations in connection with the
furnishing of this material shall comply with the requirements of the North
Carolina Lime Law and with the rules and regulations, adopted by the
North Carolina Board of Agriculture in accordance with the provisions of
said law, in effect at time of sampling. All limestone will be subject to
sampling and testing by the Engineer, or by an authorized representative of
the North Carolina Department of Agriculture, or both.
(2) Limestone shall be agricultural grade ground limestone. Either dolomitic
or calcitic limestone may be used. All limestone shall contain not less
than 90 percent calcium carbonate equivalents. Dolomitic limestone shall
contain not less than 10 percent of magnesium. Dolomitic limestone shall
be so graded that at least 90 percent will pass through a U.S. Standard 20
mesh screen, and at least 35 percent will pass through a U.S. Standard 100
mesh screen. Calcitic limestone shall be so graded that at least 90 percent
will pass through a U.S. Standard 20 mesh screen, and at least 25 percent
will pass through a U.S. Standard 100 mesh screen. Where current
grading requirements of the North Carolina Board of Agriculture are
different from the above, the requirements of the Board of Agriculture
shall apply.
(3) During handling and storing, the limestone shall be cared for in such
manner that it will be protected against hardening or caking. Any
hardened or caked limestone shall be pulverized to its original condition
before being used.
(c) Nutri-Lime
(1) Nutri-Lime, produced at the MSD Sewage Treatment Plant, is an
acceptable substitution for commercially produced limestone. This
product may be picked up at the MSD Treatment Plant, if available. The
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Paget
North Swann Phase [I, Sect. 2 - Revised 6/7/2000 pmc
Contractor shall contact the treatment plant director to verify availability.
Application shall be increased at a rate of 30 percent greater than
conventional lime.
(2) The use of Nutri-Lime is subject to property owner approval.
(d) Sg-Qd
(1) The quality of all seed and all operations in connection with the furnishing
of this material shall comply with the requirements of the North Carolina
Seed Law and with the rules and regulations, adopted by the North
Carolina Board of Agriculture in accordance with the provisions of said
law, in effect at time of sampling. All seed will be subject to sampling by
the Engineer, or by an authorized representative of the North Carolina
Department of Agriculture, or both; and will be tested by the North
Carolina Department of Agriculture. Supplementary testing for seed
germination may be performed by the Engineer.
(2) The quality of all seed will be based on the percentage of pure live seed,
which will be computed by multiplying the percentage of purity by the
percentage of germination and dividing the result by 100.
(3) Seed shall have been approved by the North Carolina Department of
Agriculture before being sown. No seed will be accepted with a date of
test more than eight (8) months prior to the date of sowing, excluding the
month in which the test was completed. Such testing, however, will not
relieve the Contractor from the responsibility for furnishing and sowing
seed that meets these specifications at the time of sowing. The Engineer
may retest seed for germination after a five (5) month storing period; at the
beginning of each normal seeding season for the particular kind of seed
involved; or at any time that the condition of the seed appears to have
deteriorated.
(4) When a low percentage of germination causes the quality of the seed to
fall below the minimum pure live seed specified, the Contractor may elect,
subject to the approval of the Engineer, to increase the rate of application
sufficiently to obtain the minimum pure live seed content specified,
provided that such an increase in the rate of application does not cause the
quantity of noxious weed seed per acre or square yard, as the case may be
to exceed the quantity that would be allowable at the regular rate of
application.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 3
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
(5) Each of the species or varieties of seed shall be furnished and delivered in
separate bags. If seed is to be mixed before sowing, such mixing shall be
done in a commercial seed mixing machine or by equally thorough means
after sampling and testing have been completed.
(6) During handling and storing, the seed shall be cared for in such a manner
that it will be protected from damage by heat, moisture, rodents, or other
causes.
(e) Straw Mulch
(1) Straw mulch shall be threshed straw of oats, rye, or wheat and shall be free
of mature seed, and free of any weed or grass species which would
germinate and be detrimental to the specified grass.
(0 Erosion Control Matting
(1) Erosion Control Matting shall be jute, cotton, excelsior, or plastic material.
Matting shall not be dyed, bleached or otherwise treated in a manner that
will result in toxicity to vegetation. When used within NCDOT right-of-
ways, matting shall be either jute or excelsior and shall be certified in
accordance with NCDOT Section 1060-7.
(2) Jute matting shall be woven from plain single jute yarn, averaging 130
pounds per spindle of 14,400 yards. The yarn shall be loosely twisted and
shall not vary in thickness by more than 1/2 its normal diameter. The
finished mesh shall be of uniform, open (nominal one inch) plain weave,
furnished in rolls as follows:
Width: 48 inches, plus or minus one inch, with 78 warp ends, plus
or minus 2 ends, per width of matting.
Length: Convenience lengths, 50 yards minimum, with 41 weft
ends, plus or minus 1 end, per linear yard.
Weight: Average 1.22 pounds per linear yard, plus or minus 5
percent.
(3) Cotton netting shall be woven from undyed and unbleached cotton yard.
The finished netting shall be of uniform open weave forming an open
rectangular or square mesh of 1/4 to 1/2 inch, and furnished in rolls with
the following characteristics:
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V-Page4
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
Width: 48 inches minimum
Length: Convenient lengths, 50 yards minimum
Weight: Minimum average 0.12 pounds per linear yard of 48 inch
wide material
(4) Excelsior mattinu shall consist of a machine produced mat of curled wood
Excelsior at least 47 inches in width. The mat shall be 0.975 pounds per
square yard with a tolerance of plus or minus 10 percent. At least 80
percent of the individual excelsior fibers shall be 6-inches or more in
length. The Excelsior fibers shall be evenly distributed over the entire
area of the blanket. One side of the Excelsior matting shall be covered
with a woven fabric of twisted paper cord or cotton cord, or with an
extruded plastic mesh. The mesh size of either the fabric or plastic mesh
shall be a minimum of V x 1 and a maximum of 1 1/2" x 3".
(5) Plastic netting shall be an extruded polypropylene or other acceptable
plastic material, extruded in such a manner as to form a net with 1/4 to 1/2
inch rectangular or square openings with strands of approximately nine (9)
millimeters thickness. The netting shall be furnished in rolls meeting the
following characteristics:
Width: 48 inches minimum
Length: Convenient lengths, 50 yards minimum
Weight: Minimum average five (5) pounds per 1,000 square feet
(6) Staples to hold erosion control netting in place shall .be "U" shaped and
shall be approximately six (6) inches long and one inch wide. Machine
made staples shall be of No. 11 gauge or heavier steel wire. Hand made
staples shall be made from 13-inch lengths of No. 9 gauge or heavier steel
wire.
(g) Shrubs and Trees
(1) Samples of materials proposed to be furnished hereunder shall be
submitted to the Engineer for inspection prior to delivery of materials. All
materials delivered hereafter shall conform to accepted samples, which
shall be stored on the site and protected until the delivery of like materials
has been completed.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Pages
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical Specifications
shall be uniformly spread in a layer not less than four inches thick. Additional
topsoil from other sources shall be furnished by the Contractor if necessary, to
cover the area to be planted to the specified depth. The entire area to be planted
shall be carefully finished to exact line and grade before planting. Care shall be
used to shape the surface of the ground properly around structures. Topsoil to be
furnished shall be fertile, friable, natural topsoil typical of topsoil of locality. It
shall be without admixture of subsoil and shall be reasonably free of stones,
lumps, plants, roots, sticks, and other extraneous matter, and shall not be used for
planting operations while in a frozen or muddy condition.
(b) The Contractor shall cut and satisfactorily dispose of weeds or other unacceptable
growth on the areas to be seeded. Uneven and rough areas, such as crop rows,
farm contours, ditches and ditch spoil banks, fence line and hedgerow soil
accumulations, and other minor irregularities which cannot be obliterated by
normal seedbed preparation operations, shall be shaped and smoothed as directed
by the Engineer to provide for more effective seeding and for ease of subsequent
mowing operations.
(c) The soil shall then be scarified or otherwise loosened to a depth of not less than 4-
inches except as otherwise provided below or otherwise directed by the Engineer.
Clods shall be broken and the top 2 to 3 inches of soil shall be worked into an
acceptable seedbed by the use of soil pulverizers, drags, or harrows, or by other
methods approved by the Engineer. All rock and debris shall be removed prior to
the application of seed and fertilizer.
(d) Prior to distribution of topsoil the sub-grade shall be scarified as described above.
After the topsoil is spread the surface of all areas to be planted shall be prepared
by plowing and discing in both direction, when feasible, to a depth of not less than
four (4) inches. After removal of all large particles which cannot be broken, the
surface shall then be harrowed and cultivated. Plowing and harrowing shall be
performed with proper equipment and in such manner as to break up all clods,
lumps, or earth balls, and to remove all rocks, stumps, large roots, or other
particles so as to provide a suitable planting bed. Hand tools shall be used in
inaccessible small areas.
(e) The preparation of seedbeds shall not be done when the soil is frozen, extremely
wet, or when the Engineer determines that it is an otherwise unfavorable working
condition.
(f) All soil to be used in a tree, shrub and vine pit for planting operations shall be
conditioned by thoroughly mixing one part by volume of peat, one part by volume
of rotted manure and four parts by volume of topsoil.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Pagel
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
5.04 Applying and Covering Limestone, Fertilizer, and Seed
(a) General
(1) Seasonal limitation for seeding operations; the kinds of grades of
fertilizers; the kinds of seed; and the rates of application of limestone,
fertilizer, and seed shall be as stated in the special provisions.
(2) Equipment to be used for the application, covering, or compaction of
limestone, fertilizer, and seed shall have been approved by the Engineer
before being used on the project. Approval may be revoked at any time if
equipment is not maintained in satisfactory working condition, or if the
equipment operation damages the seed.
(3) Limestone, fertilizer, and seed shall be applied within 24 hours after
completion of seedbed preparation unless otherwise permitted by the
Engineer, but no limestone or fertilizer shall be distributed and no seed
shall be sown when the Engineer determines that weather and soil
conditions are unfavorable for such operations.
(4) During the application of fertilizer, adequate precautions shall be taken to
prevent damage to traffic, structures, houses, vehicles, or any other
appurtenances. The Contractor shall either provide adequate covering or
change methods of application as required to avoid such damage. When
such damage occurs the Contractor shall repair it, including any cleaning
that may be necessary.
(b) Limestone and Fertilizer
(1) Limestone may be applied as a part of the seedbed preparation, provided it
is immediately worked into the soil. If not so applied, limestone and
fertilizer shall be distributed uniformly over the prepared seedbed at the
specified rate of application and then harrowed, raked, or otherwise
thoroughly worked or mixed into the seedbed.
(2) If liquid fertilizer is used, storage containers for the liquid fertilizer shall
be located on the project and shall be equipped for agitation of the liquid
prior to its use. The storage containers shall be equipped with approved
measuring or metering devices which will enable the Engineer to record at
any time the amount of liquid
(3) Fertilizers shall be applied uniformly into the areas to be planted or
improved in such amount and to such depth and according to the methods
indicated in the specifications for the various ground covers. The fertilizer
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V-Page 8
North Swann Phase II, Sect. 2 - Revised 6/7/2000 pmc
shall be well pulverized and free of lumps when applied. In no case shall
full strength fertilizer be permitted in direct contact with roots. When
fertilizers are applied hydraulically they must be diluted sufficiently as
directed so that no damage is done to either seed or established grasses and
legumes. Agricultural limestone and basic slag shall be applied in a
separate operation but may be incorporated in soil with fertilizers in one
operation.
(c) &td
(1) The Contractor shall notify the Engineer at least twenty-four hours in
advance of the time he intends to start inoculating and mixing seed or
begin sowing seed and shall not proceed with such work until permission
to do so has been given.
(2) Prior to sowing, the seed accepted for use shall be inoculated as provided
herein. Each kind of seed shall be inoculated separately with the
appropriate commercial culture according to instructions of the
manufacturer of the material accepted for use, then allowed to surface dry
to a free flowing state before mixing or sowing. In general, no greater
quantity of seed shall be inoculated at one time than can be sowed by the
end of the following working day. All inoculated seed shall be protected
from the sun and direct contact with commercial fertilizers.
(3) Seed shall be distributed uniformly over the seedbed at the required rate of
application, and immediately harrowed, dragged, raked, or otherwise
worked so as to cover the seed with a layer of soil. The depth of
covering shall be as recommended by the seed company. If two kinds
of seed are to be used which require different depths of covering, they
shall be sown separately.
(4) Sowing of seed shall follow promptly after incorporation of fertilizer.
Sowing shall be done uniformly at the specified rate by approved
mechanical seeders. Hand operated cyclone sowers will be considered
mechanical seeders. No sowing shall be done during windy weather, when
the prepared surface is crusted, or when the ground is frozen, wet or
otherwise in a nontillable condition. When a combination seed and
fertilizer drill is used, fertilizer may be drilled in with the seed after
limestone has been applied and worked into the soil. If 2 kinds of seed are
being used which require different depth of covering, the seeding requiring
the lighter covering may be sown broadcast or with a special attachment to
the drill, or drilled lightly following the initial drilling operation.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V-Page9
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
(5) When a hydraulic seeder is used for application of seed and fertilizer, the
seed shall not remain in water containing fertilizer for more than 30
minutes prior to application unless otherwise permitted by the Engineer.
(6) Immediately after sowing, the seeded area shall be harrowed, dragged,
raked or otherwise worked so as to work the seed into the soil. Care shall
be exercised during covering operations to preserve the line, grade and
cross-section of the seeded areas and to see that areas adjacent to
pavement, walks, etc., are not left higher than the paved surface. After the
seed has been properly covered the seed bed shall be compacted
immediately by means of a cultipacker, light roller or approved drag.
Rolling or covering of seed may be omitted when seeding is done
hydraulically and mulched.
(7) The Contractor shall water, fill washes, and otherwise protect and maintain
the seeded areas until permanent grass is established. Damage by either
pedestrian, vehicular traffic, or other causes shall be repaired by the
Contractor. It shall be the responsibility of the Contractor to establish and
maintain a satisfactory stand of grass until final acceptance of the project
and for the warrantee period. A satisfactory stand of established grass
shall be defined as a dense uniform growth three (3) inches high with
complete cover of living grass (limited to the species of seed that are
expected to germinate in the current season). If a satisfactory stand of
grass is not established, the area shall be reseeded by the Contractor until
permanent grass is established. Seeded areas shall be mowed as required
and when weeds or other undesirable vegetation threaten to smother the
planted species.
(8) Existing privately maintained lawns shall be matched with a permanent
seeding mixture. Said mixture rates and dates of seeding are to be
documented by the Contractor and approved by the Engineer prior to
application. Certain lawns may require sodding or sprigging in order to
match existing lawns within the warranty period.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 10
North Swann Phase 11, Sect. 2 - Revised 617/2000 prnc
(9) PERMANENT SEEDING MIXTURE - LAWNS
Falcon Fescue 175
Rebel Fescue 175
Jaguar Fescue 175
Biltmore Mix 200
The plans, Technical Special Conditions, or Special Easement Provisions may specify
seed other than above for specific properties or areas.
August 15 - September 1
March 1 - April 1
Possible
July 25 - September 15
March 1 - May 10
Complete seeding earlier in fall, and start later in spring on north and east facing slopes.
Soil Amendments
Apply lime and fertilizer according to soil tests or apply 4,000 lb/acre ground agricultural
limestone and 1,000 lb/acre 5-10-10 fertilizer along with 500 lb/acre of 0-20-0
superphosphate.
Apply 4,000 - 5,000 lb/acre grain straw or equivalent cover of another suitable mulching
material. Anchor mulch by tacking with asphalt, roving or netting, if specified on the
plans, in the Special Conditions, or if directed by the Engineer or his representative.
Jute, Excelsior or other specified erosion control material shall be used in ditches and
swales.
Maintenance
In all areas where an adequate stand of grass is not established rework the seed bed, as
specified and seed and mulch again.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 11
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
(10) PERMANENT SEEDING MIXTURE -OPEN FIELDS AND
. PASTURES
Kentucky 31 Fescue
175 - 200
The plans, Technical Special Conditions, or Special Easement Provisions may specify
seed other than above for specific properties or areas.
B-tg
August 15 - September 1
March 1 - April 1
Possible
July 25 - September 15
March 1 - May 10
Complete seeding earlier in fall, and start later in spring on north and east facing slopes.
Soil Amendments
Apply lime and fertilizer according to soil tests or apply 4,000 lb/acre ground agricultural
limestone and 1,000 lb/acre 5-10-10 fertilizer along with 500 lb/acre of 0-20-0
superphosphate.
Mulch
Apply 3,000 - 4,000 lb/acre grain straw or equivalent cover of another suitable mulching
material. Anchor mulch by tacking with asphalt, roving or netting, if specified on the
plans, in the Special Conditions, or if directed by the Engineer or his representative.
Jute, Excelsior or other specified erosion control material shall be used in ditches and
swales.
Maintenance
In all areas where an adequate stand of grass is not established rework the seed bed, as
specified and seed and mulch again.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 12
North Swann Phase II, Sect. 2 - Revised 6/7/2000 pmc
(11) PERMANENT SEEDING MIXTURE for R-O-W CLEARED
THROUGH WOODS
Species Rate (lb/acrel
Kentucky 31 Fescue 175 - 200
The plans, Technical Special Conditions, or Special Easement Provisions may specify
seed other than above for specific properties or areas.
Suggested Seeding Dates
Best
August 15 - September 1
March 1 - April 1
Possible
July 25 - September 15
March 1 - May 10
Complete seeding earlier in fall, and start later in spring on north and east facing slopes.
Apply lime and fertilizer according to soil tests or apply 4,000 lb/acre ground agricultural
limestone and 1,000 lb/acre 5-10-10 fertilizer along with 500 lb/acre of 0-20-0
superphosphate.
Mulch
Apply 3,000 - 4,000 lb/acre grain straw or equivalent cover of another suitable mulching
material. Anchor mulch by tacking with asphalt, roving or netting, if specified on the
plans, in the Special Conditions, or if directed by the Engineer or his representative.
Jute, Excelsior or other specified erosion control material shall be used in ditches and
swales.
Maintenance
In all areas where an adequate stand of grass is not established rework the seed bed, as
specified and seed and mulch again.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 13
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
5.05 Mulching
(a) General
(1) All seeded areas shall be mulched unless otherwise indicated in the special
provisions or directed by the Engineer.
(2) Grain straw may be used as mulch at any time of the year. If permission
to use material other than grain straw is requested by the Contractor and
the use of such material is approved by the Engineer, the seasonal
limitations, the methods and rates of application, the type of binding
material, or other conditions governing the use of such material will be
established by the Engineer at the time of approval.
(b) Applying Mulch
(1) Mulch shall be applied within 24 hours after completion of seeding unless
otherwise permitted by the Engineer. Care shall be exercised to prevent
displacement of soil or seed or other damage to the seeded area during the
mulching operations.
(2) Mulch shall be uniformly spread by hand or by approved mechanical
spreaders or blowers which will provide an acceptable application. An
acceptable application will be that which will allow some sunlight to
penetrate and air to circulate but also partially shade the ground, reduce
erosion, and conserve soil moisture.
(3) Straw mulch shall be applied at the rate of not less than 2 tons per acre.
(4) Straw mulch may be applied by hand or with a mechanical mulch
spreader. The spreader shall be designed to break up balls or clusters of the
mulch and apply it evenly and uniformly over the surface so as not to
exclude penetration of sunlight.
(5) Immediately after the area to be mulched has received ground preparation
and specified planting, the mulch shall be applied at the rates specified
above. Mulch which is too fresh, or excessively brittle, or so decomposed
as to retard growth of grass will not be acceptable. The asphalt adhesive
shall be applied at a rate of 200 to 250 gallons per acre of undiluted
asphalt.
(6) Mulch shall not be applied during period of high winds or other un-
favorable conditions. Care shall be exercised to protect the public, adjacent
property, buildings, curbs, sidewalks, and the like form discoloration by
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 14
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
the asphalt adhesive. The Contractor shall be responsible for any such
damage to public or private property. Any damage or discoloration to
structures shall be repaired without delay at the Contractor's expense.
(c) Holding Mulch
(1) Where directed by the Engineer or his representative or called for
on the plans or in the Special Conditions, mulch shall be held in
place by applying a sufficient amount of asphalt or other approved
binding material. The rate and method of application of binding
material shall meet the approval of the Engineer. Where the
binding material is not applied directly with the mulch it shall be
applied immediately following the mulch application.
(2) During the application of asphalt binding material, or other
approved binding materials, adequate precautions shall be taken to
prevent damage to traffic, structures, sidewalks, houses, or any
other appurtenances. The Contractor shall either provide adequate
covering or change methods of application as required to avoid
such damage. When such damage occurs the Contractor shall
immediately repair it, including any cleaning that may be
necessary.
5.06 Hydro Seeding and Mulching
(a) Hydro-seeding and mulching shall consist of sowing seeds by hydraulic
equipment and covering, compacting, mulching, and maintaining seeded areas.
Seeds, hydro-seeding and mulching shall comply with applicable portions of these
specifications. Hydro-seeding and mulching shall be performed at the locations
and at the time shown on the plans and in conformity with these specifications.
(b) Hydro-seeding shall be performed by approved equipment designed for the
purpose. The equipment shall be designed to pump a water-seed-inoculant uni-
formly over the areas to be seeded. It shall include a power driven agitator to
keep the mixture uniform during application. The equipment shall be of sufficient
force and capacity to apply a uniform application to the upper limits of all cut
slopes and the lower limits of all fill slopes. For hay or straw mulch, equipment
shall be as specified herein.
(c) Apply legume inoculates at four (4) times the manufacturer's recommended rates
when adding inoculant to hydro-seeder slurry. The seeds shall be placed in the
culture solution and mixed by mechanical agitator in the hydraulic feeder. Seeds
shall be applied at the rate specified herein, and shall not remain in contact with
the fertilizer for more than one hour prior to application.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 15
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
5.07 Maintenance of Seed and Mulching
(a) Areas where seeding and mulching have been performed shall be maintained in a
satisfactory condition until final acceptance of the project. Maintenance shall
include mowing at the location and times directed by the Engineer.
(b) Areas of damage or failure due to any cause shall be corrected by being repaired
or by being completely redone as may be directed by the Engineer.
(c) Where correction will require extensive seedbed preparation, or where earthwork
repairs or complete reshaping are necessary, the seeding and mulching shall be
redone in accordance with this section.
(d) As an exception to the above, areas of damage or failure resulting either from
negligence on the part of the Contractor in performing subsequent construction
operations or from not taking adequate precautions to control erosion and siltation
as required throughout the various sections of the specifications, shall be repaired
by the Contractor as directed by the Engineer at no cost to the District.
5.08 Erosion Control Netting (Jute)
(a) Erosion control netting shall be applied to seeded and mulched ground areas
where directed by the Engineer or his representative, or where called for on the
plans or in the Special Conditions.
(b) Erosion control netting shall be placed immediately after completion of ground
preparation, fertilizing, seeding, and mulching in accordance with these
specifications. The netting strips shall be rolled out flat, parallel to the direction
of flow. When 2 or more strips are required to cover an area, they shall overlap 3
inches, minimum. Ends of strips shall overlap 6 inches, minimum, with the
upgrade section on top. The upslope end (anchor slot) of each strip shall be
buried in 6 inch vertical slots, and soil tamped firmly against it. When, in the
opinion of the Engineer, conditions warrant, any other edge exposed to excessive
flow shall be buried similarly.
(c) The netting shall be spread evenly and smoothly, and in contact with the mulch at
all points. It shall be tamped or stapled to assure close contact with the mulch.
Each strip shall be stapled in 3 rows; each edge and the center, spaced at not more
than 3 feet longitudinally. Ends of strips shall be stapled at 9 inch intervals across
their width.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 16
North Swann Phase II, Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical Specifications
(d) Care during construction shall consist of protection and of repairs made necessary
by erosion, wind, fire; and/or other causes. Repairs shall be such as to re-establish
the condition and grade of the soil as existing prior to application of the netting,
restoring damaged ground preparation, refertilization and replanting of damaged
areas, without additional compensation. The period of care shall continue until
acceptance of the contract. Care shall be performed without additional
compensation.
5.09 Excelsior Matting
(a) Excelsior matting may be used instead of erosion control netting and mulching on
ground areas having a slope greater than 5 to 1 or at other locations as directed by
the Engineer or his representative, or where called for on the plans or in the
Special Conditions.
(b) The area to be covered by the matting shall be properly prepared, fertilized, and
seeded before the matting is applied...When the matting is unrolled, the netting
shall be on top and the fibers in contact with the soil over the entire area. In
ditches the matting shall be applied in the direction of the flow of water, butted
snugly at ends and sides and stapled. On slopes the matting shall be applied either
horizontally or vertically to the slope and ends and sides butted' snugly and
stapled.
(c) Staples shall vary with soil conditions. The staples shall be driven vertically into
the ground, spaced approximately two lineal yards apart, on each side, and one
row in the center alternately spaced between each side (60 staples on each
blanket) a common row of staples shall be used on adjoining blankets.
5.10 Planting Shrubs and Trees
(a) Remove rock or other underground obstructions to the depths necessary to permit
proper installation of planting, unless other locations are selected by the Engineer.
(b) Stake plant locations and secure approval before excavating pits, making any
adjustments necessary; locate no plants, except vines, closer than two feet to
pavement or structure.
(c) Excavate pits in circular outline, with vertical sides, for all plants except hedge
plants.
(d) Tree pits shall be at least two feet greater in diameter than diameter of ball or
spread of roots; and at least two feet in depth. Shrub pits shall be at least one foot
greater in diameter than diameter of ball or spread of roots and at least one foot in
depth.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 17
North Swann Please 11, Sect. 2 - Revised 6/7/2000 pmc
(e) Set plants in center of pits, placing ball or roots on a layer of topsoil at least two
inches in depth, adjusting depth as necessary so that crown of plant will stand at
finished grade; set hedge plants, evenly spaced, along center line of trench.
Compact soil around balls or roots of plants and water thoroughly. Form ridge of
soil around edge of pit to facilitate watering. Use clean soil excavation from plant
pits between shrub pits, if arranged in groups, as necessary to bring planted areas
to finished grade, and dispose of excess excavated soil as directed; cultivate
between pits to a depth of 6 inches, rake smoothly and neatly outline.
(f) Prune plant in accordance with standard horticultural practice. Mulch plant pits
one inch deep, using well rotted manure lightly incorporated in soil.
(g) Stake trees as follows: setting each stake vertically and at least one third of its
length in ground, approximately 12 inches from trunk; guy trees to upper end of
stakes with canvas ties folded to a 1 1/2 inch width. Single stake trees under two
inches in caliper if so indicate by drawings. Double stake each tree two or three
inches in caliper setting each stake vertically at least one third of its length in the
ground, approximately 12 inches from trunk. Guy trees to upper end of stake with
canvas ties folded to one and one half inches in width.
(h) Wrap trunk of trees, spirally to height of second branches and tie the wrapping in
place with suitable cord.
5.11 Guaran , and Replacements
(a) The Contractor will replace during the next planting season all dead trees, shrubs,
and grass at no additional cost. Plants used for replacement shall be of the same
kind and size removed or as specified elsewhere and shall be furnished, planted
and mulched as specified.
(b) The Contractor shall maintain planting at his own expense until expiration of the
warrantee period, and until one (1) year after planting. Maintenance shall consist
of preserving, protecting, watering, replacing, and such other work as may be
necessary to keep the work in a satisfactory condition.
5.12 Erosion Control
(a) The Owner will obtain the Certificate of Plan approval of the erosion and
sedimentation control plan and a general stormwater NPDES Permit, if required,
prior to beginning construction. The plan is issued by the Land Quality Section,
Department of Environment, Health and Natural Resources, 59 Woodfin Place,
Asheville, North Carolina 28802. A copy of the Permit is included in the Special
Conditions.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 18
North Swann Phase 11. Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical Specifications
(b) The Contractor shall be required to perform the items of work shown on the plans,
described in the Special Conditions of the Specifications and listed in the Permit.
(c) During the construction of the project, the Contractor shall be required to take the
necessary steps to minimize soil erosion and siltation of rivers, streams, lakes and
property. The Contractor shall comply with the applicable regulations of the
appropriate governmental agencies in regard to soil erosion control and
sedimentation prevention.
(d) The Owner will limit the area over which clearing and grubbing and excavation
operations are performed whenever the Contractor's operations do not make
effective use of proper erosion control measures.
(e) Prior to the end of each work day on the project, the Contractor shall take the
necessary measures to protect the construction area from erosion.
(f) Temporary and permanent erosion control measures shall be accomplished at the
earliest practicable time. Temporary erosion control measures shall be
coordinated with permanent measures to insure economical effective and
continuous erosion control during the life of the project.
(g) Temporary erosion control measures shall include but not be limited to the use of
temporary berms, dams, dikes, drainage ditches, silt ditches, silt fences,
vegetation, mulches, mats, netting or any other methods or devices that are
necessary.
(h) Erosion control measures installed by the Contractor shall be suitably maintained
by the Contractor, until the site is fully stabilized.
(i) Where excavation is adjacent to streams, lakes or other surface waters, the
Contractor shall not place excavated materials between the excavation and the
surface waters. Where this practice is impractical, the Contractor shall provide
temporary erosion control measures as authorized by the Owner, shown on the
plans, described in the Special Conditions of the specifications, or listed in the
permit.
(j) Where live streams are crossed by the project, the Contractor shall exercise
particular care to minimize siltation of the stream. Disturbance shall be limited to
the width allowed by the US Army Corps of Engineers Permit, if applicable, at all
live streams. Temporary erosion control measures shall be constructed as
authorized by the Owner. These may include but not be limited to use of coffer
dam in the stream, dikes, diversion ditches and/or temporary sediment traps at the
top of the banks, and silt fences on all creek banks. All temporary erosion control
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 19
North Swann Phase II, Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical Specifications
measures shall be acceptably maintained until permanent erosion control
measures at stream crossings shall include but not be limited to filter fabric and
dumped rip-rap on the creek banks and the establishment of permanent grass
cover on all disturbed and exposed soil.
(k) Where runoff on natural ground may cause erosion of the trench or erosion of the
backfill in the trench, the Contractor shall construct temporary erosion control
measures. These may include but not be limited to diversion ditches, check dams
and silt basins or other suitable erosion control measures as authorized by the
Owner's representative.
(1) Clearing and grubbing operations shall be limited to a maximum of three
thousand (3,000) feet ahead of pipe installation crews. Temporary erosion control
measures shall be constructed by the Contractor on cleared areas of the project as
authorized by the Owner. These shall include but not be limited to dikes,
diversion ditches, silt basins, check dams and silt fences.
(m) Permanent seeding of disturbed areas shall be accomplished at the earliest
practicable time. Temporary seeding may be required. The Contractor shall
perform temporary seeding on disturbed areas as authorized by the Owner's
representative. The Contractor shall not place more than 500 feet of sewer line
ahead of temporary or permanent seeding of disturbed areas. Seeding shall meet
the requirements of Item V of the Technical Specifications.
(n) Gravel construction entrances shall be installed at all locations used regularly as
ingress and egress to the project site.
(o) Stream and River Crossings
(1) Stream and River Crossings shall include all equipment, labor and
materials for complete construction of crossing including all excavations,
coffer dams, ductile iron pipe installation, concrete encasement of pipe,
stream or river diversion, shoring, backfill or excavations, removal of fill
from the water course, rip-rap on stream banks, and all related work
required to complete the river stream crossing, and any work required by
US Army Corps of Engineers, US Fish and Wildlife Service, Tennessee
Valley Authority or any other Federal, State, or Local Agency having
jurisdiction in the area of work.
(2) The sides and ends of concrete encasements shall be formed.
(3) Diversion ditches shall be constructed at or near the top of each river bank
at river crossings. Localized stormwater runoff shall be diverted by way
of the diversion ditches away from the disturbed stream bank. Water
coming into contact with uncured concrete shall be pumped to a separate
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI - V - Page 20
North Swann Phase H, Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical ?necif_ Iccations
holding tank or basin and shall not be returned to the river until proper
settlement of solids and adjustment of pH to between sever (7) and nine
(9). Temporary sediment traps may be required if determined necessary
by the Engineer.
(4) Steam and River Crossings shall meet the requirements of Item V of the
Technical Specifications.
(p) Dumped Rip Rap for River and Stream Bank Protection
(1) Rip-Rap, where specified on the plans, shall be placed to provide a
minimum of 1.5 feet of cover and shall conform to the existing river bank
slope and alignment. Where rip-rap is to be placed on river banks, the
banks shall be excavated to accommodate the proposed rip-rap, leaving the
rip-rap surface flush with the adjoining existing surfaces.
(2) Geotextile fabric shall be placed on stream banks prior to placing rip-rap
as shown on plans and shall meet the following requirements: Grab
tensile strength shall be a minimum of 200 lbs. in accordance with ASTM-
D4632. Elongation at failure shall be 50% minimum in accordance with
ASTM D4632. Burst strength shall be minimum 360 PSI in accordance
with ASTM D3786. Coefficient of normal permeability shall not be less
than 0.1 CM/SEC. Vertical water flow shall be a minimum of 80 GPM/FZ
in accordance with ASTM D4491. Apparent opening size shall be 70 (US
Std. Sieve Number).
(3) Puncture strength shall be a minimum of 90 lb in accordance with ASTM
D3787. Trapezoid tear strength shall be a minimum of 75 lbs. in
accordance with ASTM D4533. The above values shall be taken as
minimum average roll value in the weakest principal direction. The
geotextile fabric shall be Trevira Spunbond Type 1125 as manufactured by
Hoechst Celanese, or approved equal.
(4) Rip-Rap shall conform to the requirements for Type II rip-rap of the
Specifications or for Class 2 rip-rap of Section 942-1 of the Standard
Specifications for Road and Structures dated January 1, 1984, of NCDOT.
(5) Select excavated trench rock may be used in lieu of quarry stone for
dumped rip-rap. Stones shall be well graded weighing from 10 to 250
pounds each. Generally, not more than 10 (10%) percent by total weight
shall weigh less than ten (10) pounds each, and not more than ten (10%)
percent by total weight shall weigh more than three hundred (250) pounds
each. Select excavated trench rock used for dumped rip-rap shall be free
of excessive fines.
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 21
North Swann Phase 11, Sect. 2 - Revised 6/7/2000 pmc
Section VI - Technical Specifications
(6) Payment for dumped rip-rap shall be made at the contract unit price in the
proposal.
5.13 Determination of Pay Quantities
(a) Seeding and mulching and hydroseeding shall be considered incidental to
sewer construction and no separate payment will be made therefore.
(b) On unit price contracts the quantities of erosion control devices and
landscape plantings for which payment will be allowed shall be
determined as follows, for each type and size of erosion control device
specified, and for each species and size of pl anting specified.
Type of Work UBil Measurement
• Construction Entrance Each Actual No. Installed
• Temporary Sediment Trap Each Actual No. Installed
• Check Dam Each Actual No. Installed
• Silt Fence L.F. Horizontal Length Measured
in place.
• Rip-rap Streambank Protection S.Y. Actual Length and Width
placed to nearest 1/10 s.y.
• Excelsior Matting S.Y. Actual Length and Width
placed to nearest 1/10 s.y.
• Landscape Planting Each Actual number planted
5.14 a nt
(a) On unit price contracts payment for erosion control devices and landscape
plantings installed under these specifications, and accepted by the
Engineer or his representative, shall be made for the quantities determined
in the manner specified above.
(b) Payment shall cover the cost of furnishing all materials, labor, tools,
equipment, and other incidental items in connection with or incidental to
the work. Payment for erosion control devices shall also include all site
preparation, geotextile fabric where specified, maintenance during
construction and removal and site restoration after completion of
construction.
My Documents\Generic Specs New 99\V[ Section S - Grassing, planting, erosion
ITEM V - GRASSING, PLANTING AND EROSION CONTROL
VI-V- Page 22
North Swann Phase II, Sect. 2 - Revised 6/7/2000 pine
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 6, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199402408, General Permit No. 198100049
Metropolitan Sewerage District of Buncombe County
William H. Mull ???***•..III
Post Office Box 8969
Asheville, North Carolina 28814 MAY 9 - 1994
Dear Mr. Mull:
111 c., .,r..?, {);... - f
Reference your application of March 7, 1994 for D S?? 6 eke Ai?iy
(DA) authorization to conSrLfUet the Phase II North $wannaYl 'fii1lLa?f'jf` ewer
interceptor replacement project which extends from Grassy Branch at the end bf
Phase I eastward to Ridgecrest and Montreat, Buncombe County, North Carolina.
The project will involve numerous subaqueous crossings of the Swannanoa River,
Flat Creek and tributaries thereof. The proposal has been reviewed by the
North Carolina Wildlife Resources Commission (WRC).
On January 1, 1994, we renewed general permit No. 198100049, (copy
enclosed) that authorizes the maintenance, repair and installation of aerial
and subaqueous utility lines with attendant structures and the discharge of
excavated or fill materials, within construction/access corridors, associated
with utility line maintenance, repair and installation in navigable waters and
waters of the United States in the State of North Carolina.
Your proposed work is authorized if you can comply with all general
permit conditions, and those outlined in the attached April 13, 1994 WRC
letter. Please read the enclosed permit to prevent an unintentional violation
of Federal law. As this Department of the Army general permit does not
relieve you of the responsibility to obtain any other required approvals, you
should contact appropriate State and local agencies before beginning work.
If you have questions, contact David Baker in our Asheville Regulatory
Office at [phone].
Sincerely,
G. r Wrig
i Regula ry Branch
Enclosure
-2-
Copies 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
Hendon Engineering Associates, Inc.
William P. Conner, P.E.
Post Office Box 7623
Asheville, North Carolina 28802
North Carolina Wildlife Resources Commission
Stephanie E. Goudreau
320 South Garden Street
Marion, North Carolina 28752
C- North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM.
TO David Baker, permit coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: April 13, 1994
SUBJECT: Review of application to replace North Swannanoa
Sanitary Sewer Interceptor along the Swannanoa River
and Flat Creek (Phase II), Buncombe County.
Mr. William P. Conner, P.E. of Hendon Engineering Associates
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. The NCWRC has reviewed
information provided by the applicant and conducted a site visit
on November 18, 1992. 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.).
Project sponsors propose to replace approximately 95,700
feet of existing sewer line from Grassy Branch to Ridgecrest
along the Swannanoa River and from Black Mountain to Montreat
along Flat Creek.
The Swannanoa River in this area is Hatchery Supported
Designated Public Mountain Trout Water (DPMTW) and is heavily
fished. Flat Creek is not DPMTW; however, it supports wild
rainbow trout.
The NCWRC does not object to the issuance of this permit,
provided the applicant implements the following conditions:
1) An undisturbed vegetated buffer zone of at least 25 feet
should be„left between streams (except at crossings) and
construction activities where possible. This will minimize
sedimentation into streams, preserve riparian vegetation
that stabilizes stream banks, and maintain a travel corridor
for wildlife.
North Swannanoa Sewer Page 2 April 13, 1994
2) xn areas where existing development ai
prevent leaving a 25-foot undisturbed
sedimentation control measures should
streams and construction activities.
silt fencing in front of hay bales or
fencing.
3d/or topography
buffer zone, extra
be placed between
These might include
a double row of silt
3) Excavated material should be stockpiled away from streams.
4) Old sewer lines to be abandoned should be removed where they
cross streams as these may block fish passage and collect
debris. We are pleased that the applicant proposes to bury
new sewer lines at-crossings.
5) Encasing sewer lines in concrete at crossings must be
accomplished so that wet. concrete does not contact stream
water. This will lessen.the chance of raising the pH of
stream..water and causing a fish kill. Water coming in
contact with wet concrete should not be returned to streams
until the-- H of the water drops to 9 or less after being
held in stilling basins or after chemical treatment.
6) Riparian vegetation, especially trees, should be preserved
as much as possible at stream crossings. Trees that must be
removed should be out near ground level, leaving the stump
and roots in the bank for stability and to possibly sprout.
Trees removed should be replaced with saplings of willow,
alder, sycamore, or other native species.
7) Natural materials should be used as much as possible to
restore stream banks at crossings. Riprap may be used on
the stream bank below the high water mark, but vegetation
should be used for stabilization above high water.
8) Permanent herbaceous vegetation in disturbed areas should be
established within 15 days of ground disturbing activities
to?provide long term erosion control. We prefer a "seed as
you go" strategy rather than allowing a large amount of soil
to lay bare.
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
Mr. William P. Conner, Hendon Engineering Associates
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198100049
Name of Permittee: General Public
Effective Date: January 1, 1994
Expiration Date: December 31, 1999
DEPARTMENT OF TECH ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States, upon recommendation of the
Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33
U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of
the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO MAINTAIN, REPAIR AND INSTALL AERIAL AND SUBAQUEOUS UTILITY LINES WITH
ATTENDANT STRUCTURES AND TO DISCHARGE EXCAVATED AND/OR FILL MATERIALS WITHIN
CONSTRUCTION/ACCESS CORRIDORS IN NAVIGABLE WATERS AND WATERS OF THE UNITED
STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Work authorized by this general permit includes the installation of
pipes and pipelines for the transportation of any gaseous liquid, liquefiable
or slurry substance and any cable, line or wire for the transmission of
electrical energy, telephone or telegraph messages, and radio and television
communication. This general permit authorizes the temporary discharge of
excavated material from trenches or footings, the temporary discharge of
excavated or fill material for construction of access roads, the temporary
stockpiling of excavated or fill material for bedding and backfill and the
discharge of material for bedding and backfill, including outfall and intake
structures. All work will conform to the standards contained herein. Other
construction activities are not authorized by this general permit.
b. Excavation or discharge of dredged or fill material in any emergent
wetlands, forested wetlands, beds of submerged aquatic vegetation or shellfish
beds is discouraged. Whenever practicable, utility line routes will avoid
areas of concentrated shellfish production and submerged beds of vascular
aquatic vegetation.
C. Installation of aerial utility lines in Currituck Sound, Core Sound,
lower Pamlico Sound, Falls Lake, Jordan Lake and other areas identified as
important to avifauna migration and movement, will be specifically coordinated
with the U.S. Fish and Wildlife Service.
-2-
d. To install a utility line under the authority of this general permit,
the permittee must apply to the District Engineer by submitting a written
description of the work and appropriate drawings on 8-1/2 inch by 11 inch
paper. Immediately after receipt of an application, the District Engineer
will assign an action identification number and examine the proposal to
determine the applicability of this general permit. If the proposal satisfies
the general permit conditions, the District Engineer will so inform the
permittee by letter which may contain additional, specific conditions to
assure that the work will have only a minimal impact on resources. The
permittee may not commence construction until he receives the District
Engineer's letter. Copies of this letter, with drawings, will be furnished to
the Director, Atlantic Marine Center, National Ocean Service, Norfolk,
Virginia, and NOAA, the National Ocean Survey, Marine Chart Branch, Rockville,
Maryland.
e. The temporary discharge of excavated or fill material in waters or
wetlands will be for the absolute minimum period of time necessary to
accomplish the work.
f. This general permit does not authorize any permanent changes in
preconstruction elevation contours in waters or wetlands. A permittee will
have a specific plan for restoring wetland contours. Any excess material will
be removed to a highground disposal area.
g. The area of waters of the U.S. that is disturbed will be limited to
the minimum necessary to install the utility line. The work area authorized
by this general permit, including temporary access roadways, will be minimized
to the greatest extent practicable. In no case will the work corridor width
exceed forty (40) feet.
h. This general permit does authorize temporary roadway access, as
determined by the District Engineer, to be essential for maintenance, repair
and/or installation of utility lines.
(1) Temporary access roadways will not span more than one-half way
across any waters or wetlands at any one time.
,(2) Temporary access roadways will be constructed of non-erodible
materials.
i. Material resulting from trench excavation may be temporarily sidecast
into waters of the U.S. provided that the material is not placed in such a
manner that it is dispersed by currents or other forces.
j. In wetlands, the top 6" to 12" of the trench will be backfilled with
topsoil from the trench.
k. Measures will be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
1. Stabilization will be required immediately on completion of each
individual utility line crossing. Any exposed slopes and streambanks must be
stabilized immediately upon installation of the utility line.
-3-
m. Appropriate erosion and sedimentation control measures, in accordance
with State standards as directed by the North Carolina Division of
Environmental Management, will be employed whenever excavated or fill
materials are discharged in or near waters or wetlands.
n. This general permit does not authorize the discharge of fill material
for roadways or any excavation of channels in navigable waters of the United
States, waters subject to Section 10 of the Rivers and Harbors Act of 1899.
Equipment operating in such waters must work from barges or wooden mats.
o. This general permit does not authorize the discharge of excavated or
fill material in fin fish or shrimp nursery areas or areas subject to
anadromous fish spawning runs during the period between March 1 and November
15 of any year. This general permit does not authorize the discharge of
excavated or fill material in designated trout waters during the period
between November 1 and April 15 of any year.
p. This general permit does not authorize any work which would adversely
affect any public water supply intake.
q. In areas where a subaqueous utility line is to cross a Federally-
maintained channel, i.e., the Atlantic Intracoastal Waterway (AIWW), it will
be buried at a minimum depth of six (6) feet below the depth of the authorized
channel. in other areas where subaqueous lines are subject to interfere with
navigation, they will be installed at a minimum depth of two (2) feet below
the substrate.
r. The minimum clearance for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance
required for bridges in the vicinity as established by the U.S. Coast Guard.
S. The clearance for an aerial line is based on the low point of the
line under conditions which produce the greatest sag, taking into
consideration temperature, load, wind, length or span and the type of
supports. The minimum clearance for an aerial electrical power transmission
line will be governed by the system voltage as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance
(As Established by the U.S. Coast Guard)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
t. The District Engineer reserves the right to require that subaqueous
lines be placed at greater depths or aerial lines be placed at greater heights
if the general public interest so indicates.
U. This general permit does not apply to utility lines that are a part
of a water power project. Federal authorization for such lines must be
obtained from the U.S. Department of Energy.

-4-
v. This general permit does not relieve the permittee from the
responsibility of obtaining an easement to cross navigable waters from the
North Carolina Department of Administration, State Property office, pursuant
to North Carolina General Statutes 143-341 (4), 146-11 and 146-12.
2. General Conditions.
a. There will be no unreasonable interference with navigation or the
right of the public to riparian access by the existence or use of activities
authorized by this general permit.
b. A permittee, upon receipt of written notice from the Wilmington
District Engineer of failure to comply with the terms or conditions of this
general permit, will, within 60 days, without expense to the U.S. Government,
and in such manner as the Wilmington District Engineer may direct, affect
compliance with the terms and conditions or return the worksite to a pre-work
condition.
C. The permittee must make every reasonable effort to perform the work
authorized herein in a manner so as to minimize any adverse impact on fish,
wildlife and natural environmental values.
d. The permittee must perform the work authorized herein in a manner so
as to minimize any degradation of water quality. The activity will be
conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases
such that the turbidity in the waterbody is 50 NTU's or less in all rivers not
designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes
and reservoirs, and 10 NTU's or less in trout waters, are not considered
significant.
e. The permittee will permit the Wilmington District Engineer or his
representative to make periodic inspections at any time deemed necessary in
order to assure that the activity is being performed or maintained in strict
accordance with the Special and General Conditions of this permit.
f. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State or
local laws or regulations, nor does it obviate the requirement to-obtain State
or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit
(N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S.
113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
g. Authorization provided by this general permit may be either modified,
suspended or revoked in whole or in part if the Wilmington District Engineer,
acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification,
suspension or revocation, the term of this general permit shall be five years.
Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the U.S. Government.
-5-
h. This general permit does not authorize the interference with any
existing or proposed Federal project and the permittee will not be entitled to
compensation for damages or injury to the structures or work authorized herein
which may be caused by or result from existing or future operations undertaken
by the United States in the public interest.
i. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines that the proposed activity
would significantly affect the quality of the human environment and determines
that an Environmental Impact Statement (EIS) must be prepared.
j. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines, after any necessary
investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of
the Act and wild, scenic and recreational rivers established by State and
local entities.
(2) Historic, cultural or archeological sites listed in or eligible
for inclusion in the National Register of Historic Places as defined in the
National Historic Preservation Act of 1966 and its codified regulations, the
National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned
Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and concerned in
accordance with the Endangered Species Act (16 U.S.C. 1531).
k. Permittees are advised that development activities in or near a
floodway may be subject to the National Flood Insurance Program which
prohibits any development, including fill within a floodway that results in
any increase in base flood elevations.
1. At his discretion, the Wilmington District Engineer may determine
that this general permit will not be applicable to a specific construction
proposal. In such case, the procedure for rocessing an individual permit
accordance with 33 CFR 325 will be avai e.
BY AUTHORITY OF THE SECRETARY OF THE
Geor L. Ca j igK-
Colo el, corps //of
District Engineer
in
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Presto n Howard, Jr., P.E., Directo r
APPROVAL of 401 Water Quality Certification
Mr. William Conner
Metropolitan Sewerage District of Buncombe county
P.O. Box 8969
Asheville, NC 28814
Dear Mr. Conner.
?EHNR
October 30, 1996
Buncombe County
DWQ Pro
#b
of BUI.CumLi- (,aunty
You have our approval to place fill material in 3.6 acres of wetlands or waters for the purpose of
cosntructing the North Swannanoa Sanitary Sewer Intercepter Phase H, Section IA, as•you described in
your application dated 14 October 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3022. This certification allows you to use
Nationwide Permit Number 12 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Pton Ho aid, Jr. P
961008.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
i f
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 23, 1996
Memorandum
To: Interested P
From: John Dorn
Subject: Wetland PlantPgs rG eral Certification 3022
The Division of Environmental Management (DEM) has received numerous requests
for appropriate annual species suitable for wet locations that can be used for soil and erosion
control purposes. DEM approached the Wildlife Resources Commission (WRC) to develop a
planting list. Using a mixture of species on either side of the optimum window may increase
soil stabilization. The WRC developed this listing:
COASTAL PLAIN NORMAL PLANTING DATES
Annual Rye Grass September 1 - November 15
Rye September 1 - November 15
Wheat September 1 - November 1
Oats September 1 - November 15
Barley Not well adapt&d
Foxtail and Japanese Millet April 20 - June 30
Sorghum April 20 - June 30
Annual lespedeza February 1 - March 20
PIEDMONT and TIDEWATER REGIONS NORMAL PLANTING DATES
Annual Rye Grass August 20 - October 31
Rye August 20 - October 31
Wheat August 20 - October 31
Oats August 20 - October 31
Barley August 20 - October 31
Millet May 1 - June 3i3
Sorghum April 25 - June 30
Annual lespedeza February 1 - March 30
MOUNTAIN REGION ' NORMAL PLANTING DATES
Annual Rye Grass July 15 - August 31
Rye August 1 Oct:,ber 10
Wheat August 1 - Oct=-ber 10
Oats Not well adapted
Barley August 1 - October 10
Foxtail and Japanese Millet May 1 - June 30
Sorghum May 1 - June 30
Annual lespedeza March 1 - Apd! 15
The mountain dates can be extended in the fall by 20 days and 15 days earlier in the spring for
elevations below 2500 feet.
7. The construction corridor (including access roads and stockpiling o
materials) is limited to 40 feet (12.2 meters) in width and must be
minimized to the maximum. extent practicable.
8. Measures shall be taken to prevent live or fresh concrete from com'.:Ig
into contact with waters of the state until the concrete has hardenec;
9. Permanent, maintained access corridors shall be restricted to the
minimum width. practicable and shall not exceed 10 feet (3. meters) n
width except at manhole locations. A 10 feet (3 meters) by 10 feet 3
meters) perpendicular vehicle turnaround must be spaced at least 5D0
feet (152.4 meters) apart.
10. An anti-seep collar shall be placed at the downstream (utility line
gradient) wetland boundary and every 150 feet (45.7 meters) up the
gradient until the utility exits the wetland for buried utility lines. Anti-seep
collars may be constructed with class B concrete or compacted clay.
Perpendicular wetland crossings less than 150 feet (45.7 meters) long do
not require anti-seep collar.
The compacted clay shall have a specific discharge of 1 X 10*5 cm/s=c or
less. A section and plan view diagram is attached for compacted cry
and concrete anti-seep col:ars.
The following specifications shall apply to class B concrete:
a) Minimum cement cogent, sacks
per cubic yard with roun`ed
course aggregate 5.0
b) Minimum cement cogent, sacks
per cubic yard with angu`ar
course aggregate - 5.5
c) Maximum water-cement ratio
gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 23 day psl 2,500-
11. Placement of rip rap is restricted to stream bottom and banks direct!:
impacted by the placement of the utility line. The stream berm mus: be
restored to the original contour after construction;
12. This general certification does not authorize any permanent changes in
preconstruction elevation contours in waters or wetlands. The perm`-ee
will have a specific plan for restoring wetland contours. Any excess
material will be removed to a high'ground disposal area;
13. If an environmental document is required, this Certification is not val;-j
ANTI -SEEP COLLAR
I 18 I
I Inches I Utility Line
I I (Diameter Varies)
1 foot I I Class B Concrete
I? or Compacted Clay
I
6 inches ranch Width 6 Inches
-? -4 -
1.4 00-1 Not to exceed 40 feet
SECTION
Class B Concrete
or Compacted Clay
12
Inches
6 lnches,.W.,- +?I?6 inches
PLAN
State of North Ck... )Iina
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
MEMORAMUM
July 28, 1993
TO: Chrys Baggett, State Clearinghouse
FROM: Monica Swihartl?,Water Quality Planning Branch

SUBJECT: EA/FONSI for the North Swannanoa Sanitary
Interceptor Phase II

Sewer
Enclosed are ten copies of the subject EA/FONSI for State
Clearinghouse review. The document has been reviewed by the
Department of Environment, Health, and Natural Resources (EHNR) and
has been approved for release by the EHNR Office of Policy and
Development.
Please contact me if you have any questions or need additional
information.
Enclosures
NSWANDA.mem
cc: Carolyn McCaskill
Roy Davis/Forrest
Melba McGee
William P. Conner,
Westall
Hendon Engineering
r.? tu.. .w

HENG!'^ ri d?;
p..ri Sn r?
C?EHN
P.O. Box 29535, Rdelgh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
M
E8
S
FINDING OF NO SIGNIFICANT IMPACT
North Swannanoa Sanitary Sewer Interceptor Phase II
Metropolitan Sewerage District of Buncombe County
An environmental assessment (EA) has been prepared, pursuant
to the requirements of the North Carolina Environmental Policy Act,
for the proposed construction of the North Swannanoa Sanitary Sewer
Interceptor, Phase II, which will replace approximately 21 miles of
existing sewer line along the Swannanoa River in Buncombe County.
The project will serve to replace existing sewers, most of
which are over 60 years old, with severe infiltration problems. In
addition, the project will increase the capacity of the existing
sewers to accommodate the projected flows for the year 2040. This
EA and Finding of No Significant Impact (FONSI) are prerequisites
for the issuance of a nondischarge permit by the Division of
Environmental Management for the construction of this project.
It is concluded that the proposed project will not result in
significant impacts to the environment provided that it is carried
out in accordance with the impact avoidance/mitigation measures
contained in the EA. Pending approval by the State Clearinghouse,
the environmental review for this project will be concluded. An
environmental impact statement will not be prepared for this
project.
North Carolina
Division of Environmental Management
July 26, 1993
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September 9, 2002
DWQ # 02-1384
McDowell County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Oscar Vasquez
Lake James Properties, LLC
Post Office Box 961
Granite Falls, NC 28630
Dear Mr. Vasquez:
On August 29, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of residential development in
McDowell County. Approval from DWQ is required to disturb these areas. Please provide seven
copies of the following information and refer to the DWQ# listed above in your reply. In particular
as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the
property. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to
determine your projects' compliance with 15A NCAC 2H .0500.
1. The Catawba buffer rules apply to this project. A more detailed map (site plan) is needed to
evaluate compliance with these rules. How will the lake buffer requirement be met?
2. A better scale of map with lots and streams is needed to show if additional stream impacts
will occur.
Please telephone me at 919-733-1786 if you have any questions or would require copies of
our rules or procedural materials. This project will remain on hold as incomplete in accordance with
15A NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
V I/
t R. ?-ney
Water Quali Ce ification Program
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Tamp Brandy, Wetland & Natural Resource Consultants, Inc.
N. NMEW
C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
P. O. Box 234
Boiling Springs, NC 28017
704-434-0706 704-434-7100 Fax
September 23, 2002
Mr. John Dorney
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650

Re: Lake James Properties, LLC
200 Boat Slips on The Arbor on Lake James
Dear Mr. Dorney:
SEp 2
This letter is in response to the letter I received from your office dated September 5,
2002, concerning the development on The Arbor on Lake James in McDowell County.
You stated that Lake James Properties, LLC might need to apply for a 401 Water Quality
Certification from your office if The Army Corps of Engineers requires a 404 Permit
concerning the installation of 200 boat slips.
The Army Corps of Engineers says that no authorization is required by them. Enclosed
is a copy of the letter that I received from them.
Thank you for your time and response concerning this project.
`Sincerely,
`4
Sue Harmon, Agent
Enclosures (1)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200231337 County McDowell Quad MARION EAST
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property Owner Lake James Properties, LLC
Property owner Address PO Box 961 Granite Falls, NC 28630
UTM or LAT/LONG North: 3955121 East: 412911
Telephone
Zone 17
Size and Location of project (waterbody, road name/number, town, etc.) on Lake James near Marion, McDowell County,
North Carolina
Description of Activity
Lake James Properties , LLC is proposing to construct 200 boat slips as part of The Arbor development on Lake James.
The project will not require dredging, construction of boat ramps, or shoreline stabilization.
Your work as described above does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the project as described above. This
determination is effective for five years from the date of this document.
_X. The proposed project does not have a regulated impact on jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in
jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers prior
to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other
required Federal, State, or local approvals/permits.
Date September 16, 2002
Corps Regulatory Official Timothy J. Smith
Telephone [phone] x 8
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
cc: S. Harmon (Permits, Etc.)
SAW Form 654
February 1999
NjATF Michael F. Easley, Governor
\O1010 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Cq 7 Alan W. Klimek, P.E. Director
r Division of Water Quality
October 3, 2002
DWQ# 02-1384
McDowell County
Mr. Oscar Vasquez
Lake James Properties, LLC
P.O. Box 961
Granite Falls, NC, 28630
APPROVAL of Catawba River Buffer Rules with Additional Conditions
Dear Mr. Vasquez:
You have our approval, in accordance with the attached conditions, to install 200 boat slips at The Arbor on Lake James in
McDowell County, as you described in your application received by the Division of Water Quality on August 29, 2002 and in additional
correspondence received September 27, 2002. This approval is valid for the Catawba River Mainstem and Lake Buffer Protection Rule
(15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new approval. If the property is sold, the new owner must
be given a copy of the approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions of the Catawba Buffer Rules and the additional conditions listed below:
1. No trees greater than 6 inches diameter at the stump may be removed except for those directly within the construction corridor.
If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction of the project;
2. You are required to return the attached Certification of Completion form to notify DWO when all work included in the approval
has been completed.
If you do not accept any of the conditions of this approval, you may ask for an adjudicatory hearing. You must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This approval and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-733-9721.
Questions regarding the Catawba Buffer Rules should be directed to Bob Zarzecki at 919-733-9726.
mek, P?t_
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Sue Harmon, P.O. Box 234, Boiling Springs, NC, 28017
021384
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748
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P.O. Box 3279 NOTE.• THE LIST OF UT/CITY OW. UT/L/TY OWNERS /S NOT FUTURE S.S. ~
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Asheville, NC 28804 NECESSARY, FOR UTILITY LOCA1 UT/L/TY OWNER, lF
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Maintenance Diw'sion N.C. HWY (
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Attn: Mork Combs SCALE OF BUNCOMBE COUNTY, NORTH CAROLINA
City of Asheville 259-5955
Director of Water Authority P.O. Box 7148
Asheville, NC 28802 ,ooo soo o ,oo0 2000 LOCATION PLAN
County of Buncombe 255-5777 255-5722
Planning Director
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Asheville, NC 28801 Attn: Mr. Jon Cr ''2 HENDON ENGINEERING ASSOCIATES, INC.
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