19950508 Ver 1_COMPLETE FILE_19950613

State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -?I
James B, Hunt, Jr., Governor C
Jonathan B. Howes, Secretary E H N F1
A. Preston Howard, Jr., P.E., Director
June 26, 1995
Transylvania County
DEM Project # 95508
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Curtis Banther
51 Trent Road FILE Brevard, N.C. 28712 CUP?,
Dear Mr. Banther:
You have our approval to place fill material in 0.8 acres of wetlands or waters for the purpose of
constructing a farm pond at SR 1314, as you described in your application dated 23 May 1995. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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.
Dischard from the pond should be at mid-depth to prevent warm water discharge downstream. 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerel ,
P ton Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
95508.1tr
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
QS ANY C0,RPS/EMf7_RS ID:1-704-252-1721 APR 25'95 9:58 No.004 P.04
P v
S
DENT TD: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit M):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL. RESOURCES
P.O. Box 29535
Raleigh. NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLErrED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Addres:
3. Owners Phone Number (Home): 7M.: 15 I - yjyw (Work):
4. If Applicable: Agents name or responsible corporate official. address. phone number,
5. Location of work (MUST ATTACH MAP). County: TRAM a LZAA)ta
Nearest Town or City: L,9K; .1-02 A W A Y
Specific Location'(Inciude road numbers, landmarks, etc.):
6. Name of Closest Su a dRiver. 1Joparn FZ i C'ZEEX
7. River Basin: F'RENCd ,l R04 ,
8. It this project located in a watershed classified as Trout. SA, HQW, ORW. WS I, or WS 117 YES J NO 14
9. Have any Section 404 permits been previously requested for use on this property? YES (] NO
If yes, explain. -
10. Estimated total number of acres of waters of the U.S.. including wetlands, located on project site,.
11. Number of acres of waters of the U.S.. including wetlands, impacted by the proposed project:
Filled: 01 D
Drained:
Flooded: 0 7J5
Excavated: O
Total Impacted:_ . Q 9

SUS ARMY CORPS/EPIGRS ID:1-704-252-1721 APR 25'95 9:59 No.004 P.05
12. Description of proposed work (Attach PLANS-8 IX X 11" drawings only):
13. Purpose of proposed
-------------
l4. State reasons why t.".e applicant bc-lieves • at s activity must b.: carried ow in wetlands. Also, rote mcasums
taken to rr1n:m1:weCsu:d impacts. A) api
15. You arc required to contact the V.S. Fish and Wildlife Service (USFWS) and/or National M=ine.Fishcries Swmice
habitat in ttho?-mrtt areaatthat?ma be affeect?edy by the proposed listin Have?$doe ne s? YESp(] Now
RESPONSES FROM THE USFWS AND/OR NUFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation OMccr (SHPO) regarding the presence of tdstoric
properties in the permit area which may be affected by the proposed project? Have you crone so? YES [ j NO DO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands. streams. and lakes on the property.
B. If available. representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant. include all data ahee:s -.tlev nt to the pl2 anent of &.o
delineation line.
D. If a stormwater management plan is required
E, What is land use of surrounding property? _
this project. Attach copy.
F. If applicable, what is proposed method of sewage disposal?
Date
Owner's Signature

/US ARMY CORPS/ENGRS ID:1-704-252-1721 APR 25'95 9:59 No.004 P.05
12. Description of proposed work (Attach PLANS-8 112" X I1" drawings only):
13. Purpose of proposed
14. State reasons why the applicant believes at s_a?tivr must be carried out in wetlands. Also, n dote measures
taken to minimize wetland impacts. ?L Q'i c?'?'f}BC?- l o"?C? ?E
15. You arc required to contact the U.S. Fish and Wildlife Service (USFWS) and/or Nati onal Marine.Fisheries Service
(tdMFS) regarding the presence or any federally listed or proposed for listing endangered or threatened species or critical
habitat in a permit area that may be affected y the proposed project. Have you done so? YES( ] NO [?1
RPsPONSFS FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES ( J NO CC]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information requited by DEM:
A. Wetland delineation map showing all wetlands. streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant. include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required
E. What is land use of surrounding property? _
this project, attach copy.
F If applicable, what is proposed method of sewage disposal?
Date
Owner's Signature
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Wetland type (select one)*
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Headwater forest ? Freshwater marsh
El Swamp forest ? Bog/fen
? Wet flat ? Ephemeral wetland

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. *The rating system cannot be applied to salt or brackish m arshes or stream channels ;
weight
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11? Water storage x 4.00 = r? '
Wetland Score
Bank/Shoreline stabilization x 4.00 =

Pollutant removal x 5.00 = R(
33
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' Wildlife habitat- x 2.00
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Aquatic life value x 4.00 = fO '
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Uhl Recreation/Education x 1.00

a Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radwus ;