19931058 Ver 1_COMPLETE FILE_19931230

State of North Carolina
Department of Environment, FKWA
Health and Natural Resources
O
14 • A4
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p E H N Ft'
A, Preston Howard, Jr., P.E., Director
January 7,1994
Mr. Mike Snow
Duke Power Company
Water Operations
P.O. Box 158
Anderson, S.C. 29622
Dear Mr. Snow:
Subject: Proposed fill in Wetlands or Waters
Water line installation
Rutherford County
DEM Project # 931058
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.033 acres of wetlands or waters which are
tributary to Second Broad River for water line installation located at
SR 2125 in Rutherford County as described in your submittal dated 17
December 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2664. A copy of
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 12.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
<7?
reston Howar Jr. P.E.
931058.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Kim Timmons; B.P. Barber and Associates, Inc.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
A)pb---p-
B. P. BARBER & ASSOCIATES, INC. S. C.ESOC. POF' ENO 5:i 5. 5. P. E.
ENGINEERS - PLANNERS - SURVEYORS
P. O. BOX 17009/349 EAST BLACKSTOCK ROAD/SPARTANBURG, SOUTH CAROLINA 29301
TELEPHONE [phone]
FACSIMILE NO. 803/574-1769 w
December 17, 1993

Mr. John Dorney
Water Quality Planning
N. C. Dept. of Health and Natural Resources
Division of Environmental Management
P. O.Box 26535
Raleigh, NC 27626-0535
Re: Duke Power Company
Cone Mills/Cliffside
Water Line Project
Creek Crossings
Dear Mr. Dorney:
I am writing in response to the requirements of the Army Corp.
of Engineers Nationwide Permits. Enclosed is the notification form
and drawings for utility line construction stream crossings under
NWP 12.
If you have any questions or comments, do not hesitate to
contact me.
Very truly yours,
Kim Timmons
KT/sb
Enclosure
cc: Mr. Henry Payne
c-

NOTF, IC.-,MON FORM SU
INFOR LA.TION SHEET
Nationwide permits '.tat require notification to the Corps of Engineers
Nationwide permits tl,at require application for Section 401 certification
.k. NOTIFICATION. TO THE CORPS OF ENGD?EERS DISTRICT ENGINEER. (REFER 7
A.-ND S E? O LO,Y NOTE WP'6NDIFFERE.`l EEI?IENT.kPPLICATION
ITEM B. BELOW
QUL ZZME. A
Certain nadonwid- permits require notification to the Corps of Engirocrs before work can prccecd. They ara as follo,-
NWP S (only for discharges of 10 to 25 cubic yards)
N',NP 7
NW? 13 (only for stabilization acdvides in excess of 500 feet in length or greater.than an average of one cubic ;r-
per running foot)
N`N'P 1=: (only for tills in spc ial acuatic sites, including wetlands, and must :ncEude a delincation of ari::cwd spec
aquatic sites)
NWP 17
I\rNp 18 (required when discharge exceeds 10 cubic yards or the dischargc is in a special aquatic sit-- and must !nc",:
a delineation of the affected special aquatic site, including wetlands) - -
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
.NW? 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic si:_
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resourc:
NWP 37
NWP •38 (must include a deaneadon of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification,
applicant shall not begin work
a mat tl•,e way !- --cc-ed under the nationwide oe-mi- with any special conditions i:noos.
?... nod _ ... -
(hc DisLnc,. Engthccr, ar
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notiticadon is received by the District Engin
and no notice has been received from the District Engineer, and required state approvals have been obtain.
Required state approvals inc!udc:. 1) a Section 401 water quality certification if authorization is requested
discharge of dredged or :111 material, and 2) an approved coastal zone management consistency determinatie
the activity will affect the coastal area.
Use of NWP 13 also requires notificadon to the District Engineer, but work may not begin until wr.:
ineer. The time periods described above do not apt
concurrener is received from the District Enfis
Furthermore, requirements to noti the U.S. h an
d Wild ire servicr thtonalt tar 5). aad the Mate Histo reservation tic- as indicated below and on
notification form. do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERINUT SECTION 401 CERT FICATION.
Certain nationwide permits requirt an application to DE.'vi in order. to obtain Section 401 water quality cent ficat
?hey are NWP 6, NWP 12, .\P,4P 15, NWP 16, NWP 17, NWP 21, NWP 33', NWP 34, NW? 33, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NNV
tiW5 S. l,fWP 7. NWP 20, NW? 22, NWP 23 (requires notification to DEW, WIP 2S, N`VP 27, : r,&? 32,
an d N%V? 37.
i':- 'ollowing nationwide perruts were issued g_aeral certifications for only limited activities: NWP 13 (fer prc
!ess :.=i :00 f-et in length), N VP 14 (for projects that impact waters only), NW? 18 (for projects with less tn'?
cubic yards ot• c:;1 in waters only), and 26 (Icr pro;.;cts '_,ah less than or -qual to one-acrd acre ;ill of wat:
wetlands). Projc..;ts }hat do not meet these critcna require application for Sectic.t 401 wavr quality certification.

C. NOTMCATIONAPPLICAnON PROCEDURES.
ed approval from the
ti a :s
ne attached form should be used to obuiin
ne permittu should makes that all ?c es.aryCn Division ci
Environmeafal Management as spcc
provided in order to avoid delays. One copy of die completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endan$crcd soccics mquircmcnt: For Corps of Engineers nodficadons only, applicants must notify the U.S. Fish and
WildWc Scrvico and/or the National ;Marine Fisheries Scrvice regarding the presence of endangered species that may
be affcctcd by the proposed project.
U.S. FISH AND WILDLEYSE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 337:6
Raleigh. INC 27636-3126
Telephone [phone]
NATIONAL `rt NE FISHERIES SERVICE
HABITAT CONSERVATION DMSION
Pivers Island
Beaufort. NC 28516 .
Telephone [phone]
'riistorc resources reauire.'nent: For Corps of Engineers nodfications only, applicants must notify the State Histoc=
Presc.-vadon Or:icc rogarding the prcrenc? of h:storc propert;es el^at nay be arFccted by the proposed project.
STATE HISTORIC ?RESERVATION OF-,,7C---
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East !ones Stmt
Raleigh. NC 27601 -
Telephone (919) 733-:763
Information obtained from these agencies should be forwarded to the Corps.
DF_M ID: 43) O AC i :ON ID:
Nationwide Pen-rut Raquest-- (Provide Nationwide Permit #):
J0ENT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
%Vr ..1vtlNGTON DISTRICT ENG2,TEER
CORPS OF ENGINEERS
DEPART:ti1ENT OF -1,M ARMY
P.O. Box 1390
Wilrnington, NC 28402-1890
A77N: C :SAW-CO-E
Telephone [phone]
WAi cR Q U ALI -1Y P LAN NII`1G
'`TVL?ON"I? :'?. ?+1?+`IAGE1?!ENT
DIVISION OF
NC DE?ARTME.` 1 OF E ALT H,
A.ND NATURAL. ?-=SO
P.O. Box 29535
Raleigh, NC 27626-0535
A TN.: !SIR. JOELN DO
Tclcphouc (919) 733-508
ONE (1) COPY OF : nZS Mm- '`"•=D ' °pT TC.?T?ON SHOULD BE
SEVEN l7) COPES SHOL'.D BE SENT TO T:-%. N.C. DIVISION C
PLE.?S E PR ,47.
RPS OF rNGL`lEE3
Tii,L
1. Owners Name: Duke Power Company - Water operations
2. Owners Address:
P_ 0. Box 158, Anderson, SC 29622
3. Owners Phone Number (Home):
(Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.-
IA- M41- Cnr-../ •nl rartnr of water Operations
P. O. Box 158, Anderson, SC 29622 (803 260-5405
5. Location of work (NXUST ATTACH MAP). County:
Rutherford
tie:rest Town or City: Forest Cit
Floyd' s Creek @ SR 2125; unnamedC(apLAes(?(k
Specific Locauon (Include road numbers, landmarks. =t:•):
tributary on SR 2125 approximately 3000 linear feet east of the intersection of SR 2210
and SR 2125
6. Nerve of Closest Stream/River. Second Broad River
7. River Basin:
Is this project located in a watershed classified ss Trout, SA, HQW, ORW, ',VS I, or WS 117
Have any Scc:ion 444 permits been previously requested for use on this property?
If ycs, explain.
YES (,J NO (I
'ms's ( J
NO (x]
10. Estimated total number of acres of waters of the U.S., including wetlands, Iocated on project site:
0 acres @ Floyds Creek; 0.02 acres @ unnamed tributar
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.00
Drained: 0.00
1 oodcd 0.00
Excavated: 0.023 @ Flo ds Creek; 0.01 @ unnamed tributary6??e5
Total Imoacted: 0.023 a FI )gic; n 01 unnamed tributary ?,CCjeS (-6
i^. Dc ".pcion of prepo- wo:i: (A=h P1: UNE-o 1P2" X 11" drawings only): 16-inch crater i ;Tle
crossing @ Floyds Creek and 16-inch waterline crossing @ unnamed tributary o es f
3. Purpose of prooosed work: water services to industrial and residential customers
1. Scarce reasons why the applicant believes that ul is activity must be -2. ricd out in wetlands. Also, note atnsares
L_ikcn to rn na m well and i:npacLs. tl -a" Ire within t hl i n
are to be located All applicable erosion control measures will he adhered o.
15. You are required to contact the U.S.: ish and Wildlife Service (UScWS) and/or National Marine.cisheries Scrvic:
(NMrS) regarding the present: or any Fc4crally listed orproposcd for listing end :ngerrd or tlur=Eened species or
habitat in the pc=. *t area that may be affcred by the proposed project. Have you done so? YES[ j NO
R!?SPONSPS FROM 7.-M USi-WS Al?,M/OR.N'NrS SHOD BE FORWARDED TO CORPS.
16. You arc -auir_d to contact the State Historic ?Ttscrvation OtT-icr.: (SH) M52rdin; the prscncc of histoc:
propcnucS in the permit area which may be arTectcd by the proposed project? Have you don-- so? YES( j NO
RESP (-, SE FiZOM TzM SHPO SFOULD BE FORWARDED TO CORPS.
17. Additional information regt:ircd by DEM:
A. Wetland dclineadon map showing ail wetlands, streams, and lake on the property.
B. If available, ;cprrsentative photograph of wcdands to be --,npactcd by project.
C. If delineation was performed by a con:;ultant, include all data Shcets relevant to the placement of the
dclineation line.
D. If a stormwater management plan is requirr..d for this projc4 , anach copy.
What is land use of surrounding property? Woodlands vacant groper y
F. If applicable, what is proposed method of se•,Yage disposal? N/A
y
U.S. Fish & Wildlife Service
330 Ridgefield Court
Asheville, NC 28806
[phone]
State Historic Preservation Office
NC Division of Archives & History
109 East Jones St
Raleigh, NC 27601
[phone]
U.S. Army Corps of Engineers
Regulatory Field Office
Room 75, Grove Arcade Bldg.
37 Barert Park Avenue
Asheville, NC 28801-2714
[phone]
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health &
Health 2: Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
Attn: John Dorney
[phone]
Wildlife Resources Commission Fisheries Biologists
(?iscrict 7 DiSirict R District 0
Joe Nvlickev Cliris Goudreau lviicky Clemmons
78
Rt 2 Box Rt 6 Box 685 Rt 1 Box 624
3
State Road, NC 28676 Marion, NC 28752 Wa`n?esviUe, NC 28786
[phone] [phone] (-/04) 452-0422
Counties Counties Counties
Alleghany Avery Buncombe
Ashe Burke Cherokee
Stokes Caldwell Clay
Surry McDowell Graham
Watauga Mitchell Haywood
Wilkes Rutherford Henderson
Yancey Jackson
' Macon
Madison
Polk
Swain
Transylvania
ti.: Q---
Nationwide ?=IE Re4uest:,4 (provide Nationwide PC-rut
JOLNT FORA FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide pe .. its that require application for Section 401 certification
%VIUCL G , ON D I S ; UCT E NGjZ v- =R Wei cR QUA-[ ,- Y 7NING
Di`+"ISION ON OF
C0P.?S OF ENGi?vc RS I' Dc :^" Or EIvVRC;v t?.tii,'rir?,Li: ,
D °.4.T\?iE NT OF i :-t.-?.i••?fY _.w..
P.O. Box 1090 A"TD NA` UTRA-1 ?-=SO
Wil.rni.agton, NC '8»02-1890 P.O. Box 29535 a
AI ; N: CESAW-CO-E Raleigh, NC 27625-053 _
Tc:cphonc (919) J1-4511 ?'? ''?" JOIE DO.
'Iclc-ihonc (919) 713-50 a_.
.
011M (t) C 3P'? OF ?S CO?uC'r=-. ?OprTC.?i?ON SHE ONL SFE* L .:.0 ?-
=V---N ~t? CC R.° TnL S N OF tr. Zti.,0=1Y- lG L1c ' E:=V---N ; ;) C.-Pr---S SHOL J BE SE`+ : i O N•C D WATrI (?I!11„I,'.
1. Owners Nark: Duke Power Company - Water O era: i
1 Owners Address: -P 0. Box. 158, Anderson, SC 29622
(Work): [phone]
3. Owncrs Ptione Number (Home):
„Applicable: Agent's n me or responsible corporate official, addrrss, phone numbe
Mr. Mike Snow, 'Director of Water Operations
Power Duke P. O. Box 158, Anderson, SC 29622 (803) 260-
Rutherford
5. Lzcwtion of work (MUST ATTACH yta?)• County:
tic :rest Town o, C ty- Forest Cit
Floyd's Creek @ SR 2125; unnamed L-,00?ESC(K
Soccitlc Location (Include road rumbe :-s. 1a-zdrnaru. =?•)?
tributary on SR 2125 approximately 3000 linear feet east of the intersection of SR 2210
and SR 2125
o. Name of Closest Swcam/R.ivc-- Second Broad River
7. River Basin-. Broad River
8. Is this project located in a watershed -zlassiIicd :s Trout, SA, HQW, ORW, 'YVS I, or WS II? YES (xJ NO
9, ave any Sec ion 44= pcr^uts been previously requested for use on this property? r'S ( NO (x]
If yc.s, explain.
10. Estimated total nurn'oer of acres of waters of cie U.S., including wetlands, located on project site:
0 acres @ Floyds Creek; 0.02 acres @ unnamed tributarv
11. Number of aces of waters of the U.S., including wetlands, impacted by the proposed project:
Fill ed: 0.00
Drainc d: 0.00
?ood--d: 0.00
CS U
:?cavux: 0.023 @ Flo ds Creek; 0.01 @ unnamed tributary
(?,t?cles
unnamed tributary
l:npaccd: 0 0
:owl

I/n' d awings onlv): 16 nch ,.,?rP. ; - e
e f
crossing @ Floyds Creek and 16-inch waterline crossing @ unnamed tributary
' -,. ?ur?osc of proooscd work: water services to industrial and residential. cust m?Lrs
?'c aoplicrnc believes c:Zat :is activiry must be c?...cd out in wctla.^.ds. r,lso. rot
O e
?. star: ng wty , . .
Laken to a=i.-ni:r wctl:nd i.^ipacts.
are to be located. All a vlicable erosion rnnt-rnl r i
she^:es Sc:vic.•
15. You are =uirrd to contact .+x U.S.: ish and 7rUd-life Service (USFWS) and/or Nation-/ Marine.
(NMrr-S) retarding ,-:-= presencc or any F--,d--ally LL-ted or?roposcd for listing cadangc .d or ihr--aten:d species or c:.u
habit: t in the permit area that rray be affx--d by the proposed Y oja=;. Have you done so? YES ( j NO
R-SPONSES FROM -,HE US-r-WS I-\M/OR NIYL^rS SHOL7L-D BE =0R'yVARDE) TO CORPS.
7' a---? vadon OG c.c: ) n? h e pr cc of to
the SL-, ystc^c (Sr-rJ ctardi ?--
16. You r.rc to ccr.?yc: NO
propc^.c,, in dic per- it ...ca winch may '" a_ect.:d by the propose; project? :Have You done so? YES(
RGSirjNSE =-Mm 7 HE SHPO SPOGL D BE FORWARDED TO CORPS.
17. Additional infor^zadon r-'quircd by DEM:
r%- Weda nd dc!ineation rnan showing all wet1lsnds. s==s, and lakes on the propcny.
B. If ava i'_ablc.:=p:_scnt.:dvc phom&--app of wct'-.nds to be .^:wc cd by arojec:.
C. If dciincation was performed by a co;:sultant, includ.c all data sh=ts --levant to the placement of :hc
drlincarion L.c.
D. Lf a sto:-awatc.: management plan is rauirt?d for etas projc=. an---h copy.
What is land use of surrounding propcny'•
F. If applicable, was t is proposed method of sewage disposal? N/A

U.S. Fish & Wildlife Se-/ice
330 Ridgefield Court
Asheville, NC 28806
[phone]
U.S. Army Corps of Engineers
Regulatory Field Office
Room 75, Grove Arcade Bldg.
37 Bat<ery Park Ave. -=
Asheville, NC 28801-2714
[phone]
State llistoric Preservation Office
NC Division of Archives & 'ciistory
109 East Jones St
Raleigh, NC 27601
[phone]
Water Quality Planning
Division of E nviron.ment2l Management
NC Department of Environrrent, Health &
Health -?.; Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
Attn: John Dorrtey
[phone]
Wildlife Resources commission Fisheries Biologists
District `?
F) DI t
11j.S tr'C? -, s:,- :c
Ciuis Goudreau titicky Clernmons
Joe Llic<ey Rt 1 Box 624
Rt 2 Box 278 Rt 6 Box 685 ^5? Wayrtc-sville, NC 28786
State Road, NC 28676 Marion, NC
(919) 366-298'_' [phone] [phone]

Counties Counties
- CountI-9
Buncombe
Alleghany Avery
Cher okee
Ashe Burke Clay
Stokes Caldwell
Graham
Surrv NicDowell wood
Ha
b
a
Mitchell
Rutherford
y
Henderson
]kes Yancey Jackson
Macon
iviadison
Polk
Swain
Transylvania