19950612 Ver 1_COMPLETE FILE_19950801

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM RECEI VpD
TO: John R. Parker, Inland 404 Coordinator JUL 3 1995
Division of Coastal Management ENV!RCNMFV ,
rR? SCIEVCES
FROM: Stephanie E. Goudreau, Mt. Region Coordinator''" g
Habitat Conservation Program
44J 5 7,,[
DATE: June 29, 1995 GOUDIREAX
U. S. Army Corps of Engineers Public Notice No. 199501915, review of an
application by Mr. Lloyd Miller for an after-the-fact permit to relocate a segment
of the Catawba River then fill the abandoned channel, McDowell County.
The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the
information provided by the U. S. Army Corps of Engineers, and biological field staff conducted
site visits on 14 February and 29 June 1995. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife
Coordination'Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicant proposes to excavate a 300-foot long, 8-foot deep, and 35-foot wide new
river channel through high ground to the north of the existing channel of the Catawba River off
SR 1234 (Oak Dale Road) in Old Fort. The new channel will replace a 590-foot long, 8-foot
deep, and 35-foot wide channel adjacent to the applicant's agricultural field. Once excavation is
complete, the applicant proposes to construct a 35-foot long and 27-foot wide dike across the
upstream end of the existing channel to divert water flow into the new channel. Following
relocation of the river, the abandoned channel will be filled in with earthen material and vegetative
debris as they become available. All areas of disturbed soil will be seeded and mulched
immediately after construction is complete, and the applicant proposes to establish shrubs along
the south side of the new channel. The purpose of this work is to prevent further erosion, restore
agricultural land lost during recent flooding, and return the river to where it was once located.
At this point the applicant has excavated the new channel, constructed the dike to divert
water flow, and seeded the banks of the new channel. The new channel has a steeper gradient
than the old channel because it is 190 feet shorter than the old channel, and water velocity is
higher through the new straight channel than it was through the old longer meandering channel.

4
1995011915 Page 2 June 29, 1995
Despite the applicant's efforts at establishing herbaceous vegetation on the banks of the new
channel, both banks are vertical and show signs of recent erosion. The old channel has standing
water in it; the applicant has not begun filling this area.
The Catawba River supports gamefish such as smallmouth bass and redbreast sunfish
along with many species of nongame fish such as shiners, chubs, darters, and suckers. The
NCWRC does not object to the issuance of this permit, provided the following conditions are
met:
1) Stream banks along the new channel should be sloped 2:1 or flatter.
2) Permanent herbaceous vegetation should be planted on all bare soil within 15 days of
sloping the banks along the new channel to provide long-term erosion control.
1
3) Willows should be planted along the toe of the bank on 2.5-foot centers along both sides
of the channel to provide additional stability and shade to the river. This can be done
fairly inexpensively by using willow cuttings from existing trees. The applicant should
contact the local office of the Natural Resources Conservation Service (formerly the Soil
Conservation Service) for information on sources of willow cuttings and planting
information. The phone number for the McDowell County office is 704/652-4434.
We would be remiss if we failed to express our disappointment that the applicant did this
work without benefit of a permit after being informed by Corps personnel that a permit would be
required. Turning the Catawba River into a new channel that is much shorter than the old one
and was probably too narrow initially likely sent large amounts of sediment downstream as the
river attempted to return to equilibrium. Sediment is the most widespread pollutant in North
Carolina, where it degrades habitat for fish and fish food organisms. A large amount of damage
possibly could have been avoided if the applicant had applied for a permit before work began and
followed recommendations made by the resource agencies.
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. Chris Goudreau, District 8 Fisheries Biologist
Ms. Janice Nicholls, USFWS, Asheville
Mr. Steve Chapin, Corps, Asheville
Mr. John Dorney, DEMO
k
u?ev?" ? `?' Gam.
oU ` LO k04
CO 17-
V O;
i ?, :A UvP.it .
,;r.- *L
State of North Carolina
Department of Environment,
Health and Natural Resources 4 • we
Division of Environmental Management
James B. Hunt, Jr., Governor
ID E H N F1
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
August 7, 1995
Mr. Lloyd Miller
193 Oakdale Road
Old Fort, N.C. 28762
Dear Mr. Miller:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed stream relocation
Project # 95612, COE # 199501915
McDowell County
Attached hereto is a copy of Certification No. 3018 issued to Lloyd Miller dated
7 August 1995.
If we can be of further assistance, do not hesitate to contact us.
Attachments
3018.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM. Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
. An Ecual Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
McDowell County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 21-, Section .0500 to Lloyd Miller in Ni-Dowell County pursuant to an
application filed on the 8:h day of June of 1995 to relocate the Channel of the Catawba River near I-40.
The Application provides adequate assurance that the discharge of fill material into the waters of
Catawba River in conj=tion with the proposed development in McDowell County will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50 NTUs in
streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. Heavy dredging machinery shall not be used in stream.
Streambanks along the new channel should be 2:1 or flatter and planted with
herbaceous vegetation on the slope and with willows or alders along the toe of the
bank on 2.5 foot centers. The applicant may wish to contact the McDowell County
Natural Resources Conservation Services ([phone]) for information on sources
of willow or alder cuttings and plantings.
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) 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. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final
and binding.
This the 7th day of August, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ston Howard, Jr. P.E.
WQC# 3018
? State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 21, 1995
A r44i•
ID EH F1
RECEIVED
MEMORANDUM
TO: Mr. A. Preston Howard; P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
JUN 2 91995
EWROi`4s N AL SCIENCES
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199501915 dated June
8, 1995 describing a proposed project by Mr. Lloyd G. Miller is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 1995 If you have any questions regarding the proposed project, please contact me
at 733-2293. When appropriate, in-depth comments with supporting data is requested.
wistT `
REPLY t/ This office su rts the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date 64%_
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
0
I

_._
tt

L4 ?i ?_itYl 'i i -'t e -t_SV i ° ?'•. :.I\I _. ,. '_? _ - -
iJ V= -S?"St•at C5 LjS
_W Z

I;- 61F

11Z 1_ _ - ?: fJ e ? f,`t - t ._t:; Zt...... I_ _,. 'Y{. ].? L V_ t. 1. - . ? 11

..
:. t + t 'i t.. t .1
1{-'r ml
I fS
l _ ? 1 1:
??-11
i..t
._,???iY;?;?-_ _==; : ?c..??,,,
lfStc_t•tc
?'1L?T'???/L?/? e ?.
Sd h-?
bd?'?- slle s
_----
"`..1?C?__1-I+a-`c.t?t v!!?A [__A?DK-(?,..._..,?,"1'.c-?,?t0.? .?s-???Cf/?IN? •2•? 1 ?! ? d/? `.d?/?S
aM-
-?.t.±ie,__l_?'.S_?..,s.'?,t-3'i?l?!°_t'io:,?
Cat" IAJ J,/ Polk-

JuL 3. lyyS

Project name Nearest road
County Wetland area acres Wetland width feet
Name of evaluator Date mss
Wetland type (select one)*
? Bottomland hardwood forest ? Pine savanna ? Bog forest
L] Headwater forest L3 Freshwater marsh ? Bog/fen }<
S
? Swamp forest ? Estuarine fringe forest ? Seep /
? Wet flat ? Ephemeral wetland ? Other
? Pocosin ? Carolina Bay
*The rating system cannot be applied to salt or brackish marshes or stream channels
p weight '
Water storage x 4.00 = <K{.::•w••??? ? ,
Wetland Score r
Bank/Shoreline
Pollutant removal x 5.00
..............
Wildlife habitat x 2.00 '
Aquatic life value x 4.00 =><.
U Recreation/Education x 1.00 -
* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius

G,5(?Jz
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No.199501915
A;
F.P 1 L"
June 8, 1995
PUBLIC NOTICE
MR. LLOYD G. MILLER, 193 Oakdale Road, Old Fort, North Carolina 28762
has applied for a Department of the Army (DA) after-the-fact permit TO
RELOCATE A SEGMENT OF THE CATAWBA RIVER AND THEN FILL THE ABANDONED CHANNEL
AREA ON HIS PROPERTY ADJACENT TO INTERSTATE HIGHWAY 40 near Old Fort, McDowell
County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments regarding the factors on which
a final decision will be based. Legal action has been suspended pending the
outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the--application show ttre
excavation of an approximately 300 foot long, 8 foot deep, and 35 foot wide
new river channel (through high ground) to the north of the existing Catawba
River channel. The excavation will generate approximately 3,100 cubic yards
of earthen material which will be placed and retained on high ground or used
as fill as specified below. The new channel will replace a 590 foot long, 8
foot deep, and 35 foot wide channel situated adjacent to the applicant's
agricultural field. Once the channel excavation is complete, the applicant
proposes to construct a 35 foot long and 27 foot wide diversion plug (dike)
across the upstream end of the existing channel in order to re-direct flows
through the new channel. The plug is to consist'of approximately 156 cubic
yards of river rock/cobble and excavated soil. Following the relocation of
the river, the abandoned 590 foot long channel segment is to be filled as
earthen material and vegetative debris become available from the surrounding
community. It is estimated that approximately 6,100 cubic yards of such fill
materials will be necessary to complete this part of the project. All
disturbed soil areas are to be seeded and mulched immediately after
construction is complete, including channel side slopes and all areas on the
property where fill is discharged or stored. The applicant also proposes to
establish shrubs on the upper part of the new river channel (south side). The
north side is currently vegetated with forest species. Finally, the applicant
indicates the purpose of the described work is to prevent further erosion and
to restore agricultural land lost during recent flooding (late 1994 and early
1995), and to put the river back where it was once located.
Much of the work described herein has been accomplished prior to the
publication of this notice. For the most part, work that remains to be
completed includes the proposed filling of the abandoned 590 foot long
abandoned river channel.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
certificate as required by PL 92-500.

V
-2-
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is *not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.

-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army`(DA) permit-serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before June 30, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steve Chapirf, until 4:15 p.m.,
July 7, 1995, or telephone (704) 271-+014.
RCV BY:Wilmington District ; 6- 5-85 14:20 ; U5 ARMY CORPS/ENORS-4 USAGE-R% p`rainma 1
.,? . t .-! N, :.??. tl . `\!( %1_) -'?j • ) 1 , •,. t1412Y
V11
(tt..
is pdailtA ?t? .? it t•. /)?''„ ;1: } '`` :tea= _ ?,. \?'j ->???? ? ..11.
+?. tom..... _ !'n_+` ? ` '` y'- / 1S+ • + ? } y • l_ ?',. f ', ??(..` + ! -',. -t . { ?'
l ?..1 t t• J ,., !
All.
lob -
lz
??' ? ... -.,.? " ; y.t • I ,'? I
F ? tai~'% > :,..'1 ? ?' \1 ? •?,. j ?'`:? ?: 'i :r
V
41
11
,?? ? ? SewBRe • a t ?-_ bllia, - _
- D?sposa+ t•:. >? .. „? 1,!. River .
Imo,>... • ..l ) •f 4tA Ism
14 L
t-' ?(\.,(( , .1 • ,r. r ? , ,? , t , ?._ 1.
10
i INllR,4• ur?i,PG?C•? suevev n[ov
'lrr akU as iu ro x a rat: 194 .10' '45 '9b - '97a,.,,E
IS
1:24000
ROAD CLASSit'ICAT
0 3 MILE Primary highway. Light-du
5010 6000 7000 FEET hard surface ?,?..... improvo
1000 4000
1 KIWMF1Ek
--- _-_? ? ? ?•-? Secondary highway,
hard surface.. Unimpr
rERVAL 40 FEET ( ? Interstale Route 7 . U. S Rout
IERT#CAL DATUM OF 1429
•c.. - ., . :,•'
??ro? OL1
A
TIONAL MAP ACCURACY WFANDARDS
L SURVEY, RESTON, VIRGINIA 22092
QUA! WANG'I ' 1 II1:A11t)11
? NW14 I
4! !D
;SEE VALLEY AUTHORITY.
31 OR KNOXVILLE, YE NN. 37902
' t
S 1-# E E T

O F Z
? ?
1 ?1 0?} dWAw 44
PS AND SYMOM IS AVAILABLE ON REQUEST .
(1410 ?'o? N. 4 • DMA 4!

RCV BY:Wilmington District ; 5- 5-95 14:22 ; US ARMY CORPS/ENGRS-* USACE-Reg, Branch;# 2
Ake,

D CL
?
Q .

?
O D
> .0
V t?1
h

t?

ON.
L
0
IV
'a
x_
3
s?
p
r
R
V.
G'
lv
n
-t
ti
a
I
v.
P

21
m
r
b

YO
n +
? i
m
d
m
P

`_, n ?
'4 of
>c ?
? A
d ?

g `z z

L ` 2
r
\ \ J

a ? o
` U
.a
..0,,t,
Skate of North Carolina
Department of Environment,
Health and Natural Resources'
Division of Coastal Management
James B. Hunt, Jr., Governor
H
Jonathan B. Howes, , Secretary Roger N. Schecter, Director
June 21, 1995
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management .
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199501915 dated June
8, 1995 describing a proposed project by Mr. Lloyd G. Miller is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 7, 1995 If you have any questions regarding the proposed project, please contact me
at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No.199501915
June 8, 1995
PUBLIC NOTICE
MR. LLOYD G. MILLER, 193 Oakdale Road, Old Fort, North Carolina 28762
has applied for a Department of the Army (DA) after-the-fact permit TO
RELOCATE A SEGMENT OF THE CATAWBA RIVER AND THEN FILL THE ABANDONED CHANNEL
AREA ON HIS PROPERTY ADJACENT TO INTERSTATE HIGHWAY 40 near Old Fort, McDowell
County, North Carolina.
This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
a final decision will be based. Legal
outcome of this consideration.
on the parts of the Corps of Engineers
unfavorable opinion of the work
comments regarding the factors on which
action has been suspended pending the
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
excavation of an approximately 300 foot long, 8 foot deep, and 35 foot wide
new river channel (through high ground) to the north of the existing Catawba
River channel. The excavation will generate approximately 3,100 cubic yards
of earthen material which will be placed and retained on high ground or used
as fill as specified below. The new channel will replace a 590 foot long, 8
foot deep, and 35 foot wide channel situated adjacent to the applicant's
agricultural field. Once the channel excavation is complete, the applicant
proposes to construct a 35 foot long and 27 foot wide diversion plug (dike)
across the upstream end of the existing channel in order to re-direct flows
through the new channel. The plug is to consist of approximately 156 cubic
yards of river rock/cobble and excavated soil. Following the relocation of
the river, the abandoned 590 foot long channel segment is to be filled as
earthen material and vegetative debris become available from the surrounding
community. It is estimated that approximately 6,100 cubic yards of such fill
materials will be necessary to complete this part of the project. All
disturbed soil areas are to be seeded and mulched immediately after
construction is complete, including channel side slopes and all areas on the
property where fill is discharged or stored. The applicant also proposes to
establish shrubs on the upper part of the new river channel (south side). The
north side is currently vegetated with forest species. Finally, the applicant
indicates the purpose of the described work is to prevent further erosion and
to restore agricultural land lost during recent flooding (late 1994 and early
1995), and to put the river back where it was once located.
Much of the work described herein has been accomplished prior to the
publication of this notice. For the most part, work that remains to be
completed includes the proposed filling of the abandoned 590 foot long
abandoned river channel.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
4
-2-
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is *not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
,l.
-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before June 30, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m.,
July 7, 1995, or telephone [phone].
RCV BY:Wilmington District 6- 5-95 ', 14:20 US ARMY CORPS/ENGRS-? USACE-Req, Brancf ;# 1
p Z 1( ?.?-\„+?i vr?.`.? " i?-rte/ 1?:,\.'.%?? \,`: ?.\t(=''J)? ••)J'??')'?('? ..J? \ \;`,?`:-, I CII
t
Zyj i` ? _?_ ?ff ? r • t_. ^`?) \??-.' i1Pr``' I . J l1r. 1 I , /' ?S_c-, ?• (C"`JJJ r -'2
M X')
'"' .? __ ?J1? __ -. ??\?'%,? 11 (\? ?? ; ,?`\ .1.?,?\• '•e J -`; - - ?t 1. :.
r '::dly5b??t?. ? ? 1, _ `'•• •?, [`_ ,
al , , 11 \! I \\ , (? i•' `( t?, ,1 t? ?e
-7,1 >.?J,{?,?-,'1 F -..
t f J• f r) p • a ..% 111
I.' fiti.. ,i '' _ f?/?t?L :~-J' _?J ?ti (. ._?•t?'?' '?•`• ?, ) 1.y t? ?i .1 ? f,??y + t, -.f-s _>??.
C,,c ? c? • ? , /;` --rail ? ?l \ \.l 1 ? ?
t ? _SJ. '.,? "ti._? N? ? ?• „' .. /??L., ?l '??_1-`.~•.• ? jam` .t\_-? ??. i l \ ?'? ?1
.? , ., ? ., ? ?? :•:,-' .,{ •? t ; ,• ?? ;. ,,'... ,.. ,?, ?, - t, ?, tom' ,?.
L) om
4 \. \ ` S `139 1 I(( . _Pltl 1?+???..P• , ,1
age
^+•?I -- i wT {)lsposai rw«, r`^ `. 1 _,' f' .-River
.?. ?'' r, ?j?,I f ,
azfb
jl?
a r r 1 "-V 1
n ?i(r t V ! /} 1..?y' ?, ??'1/ ,F\\ l 1Yr . f 1
•` .'?• r• ? $,'?r l\ S// \ r)'ir.7 jj,•\ i?_ ?,?t\.\?,i
SU ( .. " l
r ? ? .''b'pi ?-?C_? it.? iJ, t.,(`-•-C'. ?/??.?•._ <` f? _?? ??rj ? ?\+? ? i . ?\• •,i- ?`--1?
`:,?
•?r 1 f?.. b 9 N) S
-1 Alin, 1a• s; 1235 j \ ? n i! t > 4 '• f.. ? ?, .? ? ?,:
%<
: ' .
wevev. n[a+
VTT MILL) an ro IV. C- lws 104 .10, 595 • 3gb i iNitwrow_ue4 04 197111,1
w1
WOW
1:24000 1 MILE ROAD CLASSIFICAT
?
_? -_ _ _ pp primary highway. Light-di
l000 4000 BO)o 15000 7r100 FEET - - d Oat r hard surface ?.., improw
1 K40MrTEk ? Secondary highway,
hard surface. Unimpl
TERVAL 40 FEET rr 1
VERTiOAL DATUM OF 1429 l J Interstate Haute 7 U. S kou
JIDNAi. MAP ACCURACY 1TANC)ARO6
kL SURVEY, RESTON, 1ftRO1NIA 22082 t1UADRAr4ii r 1'1K"11116 A L !D I ,/?? • //? NWC4
SSFE VALLEY AUTHOWTV.
41 OR KNOXVILLE, 'rf NN. 37902
Dr4 e?' p?i?l? d ?d
%P$ AND SYMBOLS IS AVAILABLE ON REUULST S 14E E:T I OF ? 19 3
QLQ d? Al. C. DMA 4
RCV DY:Wii"fiington District ; 6- 5-95 ; 14:22 ; US ARMY CORPS/ENGRS-* USACE-Reg. Branch;# 2
t
tl? I ?
te: a` O
Q ?
r? ? C3 i n Z
r o {
D a
to '' A
d72 a
f ?
p
v, sq? w
CAI
b w ? `j ? 1
A 4
Q :? r p O
D
> .D ?^ !
b t? n
c? r
to
n?
o.
t
Ll%
it
d
w
U

JL.N-2?-1995 08:03 FROM Ashesi1le W M+R TO 989197339959 P.01
N. C. DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
TO:
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
PHONE[phone] FAX[phone]
FAX #: - .3- $'
FROM:
DATE:
# OF PAGES INCLUDING THIS COVER:

MESSAGE: 9-gyetons. please call 7041254-6205.

JLN-27-1996 0803 REM Asheville RO DEHN"i TO 989197339969 P.02
s.js•N%t?} f-.-ray

.
TO:

•! t
•i L?(?
5i
4+2. {! - ?L ?71y\ti Y Z?•? ?K 7??t7? {,. `t??
.+Wa?1L YYL `Y'? [: •? `•\ .r. // _
I
if
?l<J
6
•
(•`i
?
f
t•
r.
J. i
a
y' u •
.
•I
J?LL
J
.
''"l
•
+

LETq '
?):
?i:
yJI \Si tj TT.1,•?+M?:
11 ?%R J?'iL` ?L R:JifQVAT Q J?` 1.'I ?'1
J. ?'
••C•ii d~u' : Tf` i s
y\•
•
• :7 - ?

i F?-FIR.E?rZ "D1i :
?.?•„
-
= f
.
rte (
Tj i r r.? 7
_71a%,?• l?L `t • 11 Gt ,A
L4?•t
•ti;,,, '?'Y;+ ; ?IXIf?
Y/_
R :?:•. ?i:'?. ?. ? Vim: i : yT%•i ?y - .,,,
A.1 i w • •Si.i. .
4 1
V1 l:.N TN-
•
RATING
1 Pf J.. ..r ftii?t:.•k. lS ti,(v2"t./`.•... : ^t
?ir..I trv`a ?yaa(/?a~J A/E EI D v til•j
1L•L .ZI4?1 77(-T;: .'."ki"=J!Ii
a V ?. ?P I Ck'.?T, ; V /``t
L _•+--t`_... v_ d:F?l.J'• ?v.fcf?.i C.L/£` •t..rf`?.
?V ry'i1.1`A~ r: ? !l?S?clwfr• ????????. J. C,4 _ ?.I?/? ..-. 1
do, 4r. AL..
40 J

em xAkAj-'_
JW-2?-1995 08:03 FROM Asheville RO DEH R TO 989197339959 P.03
Project name- ---- --- Nearest mad
County Wetland area acres Wetland w,i/dyth feet
Name of evaluator Date ~-
Welland type (select one)*
Q Bottomland hardwood forest
0 Headwater forest
0 Swamp forest
0 Wet flat
0 Pomin
"'The rating system cannot be
C] Pine saverma •Q Bog forest
d Freshwater marsh C] Bog/fen
0 Estuarine fringe forest D Seep
13 Ephemeral wetland 0 Other r
0 Carolina Bay
PvUed to salt or brackish marshes or stream channels
R
Water stora" x 4.00
A Unk/Shoreline st"IzaWn x • 4.00 =
Ti Pot tent remowal .,. _.,. x 5.00
wildlife habitat x 2.00
Aquatic life value x 4.00 =
WedlandScore
N Recreation/Education x 1.00 =
G * Add 1 point if in sendWe watershed and s 10% nonKmt disturbance within 1/2 mile upstream, upslope, or radius
TOTAL P.03