19950823 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
F= P1
August 9, 1995
Swain County
DEM Project # 95823
APPROVAL of 401 Water Quality Certification
Smoky Mountain Country Club Estates
Post Office Box 937
Whittier, N.C. 28789-0937
FILE
Dear Sirs:
You have our approval to place fill material in 0.005 acres of wetlands or waters for the purpose
of installing a water/sewer line across Conleys Creek approximately 0.2 miles south of the intersection
of SR 1182, as you described in your application dated 8 August 1995. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
2664. 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
est Howard, r. P.E.
Attachment \
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
W. K. Dickson and Company
95823.1tr
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
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DEM ID: CI R ACTION ID: ??`j JCra
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Nationwide Permit Requested (Provide Nationwide Permit #): 12
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WM IINGTON 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 ?f ??r
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED 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:
Smoky Mountain Country Club Estates
2. Owners Address. Post Office Box 937, Whittier NC 28789-0937
3. Owners Phone Number (Home): (Work): 704-497-2772
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
W.K. Dickson and Co., Inc.
959 Merrimon Ave., Suite 101
Asheville, North Carolina 28804
5. Location of work (MUST ATTACH MAP). County: Swain
Nearest Town or City: Whittier
Specific Location'(Include road numbers, landmarks, etc.): Conleys Creek area west 'of SR1 177
.approximately'0.2 mile south of the intersection of SR 1182
(see portion of USGS map attached)
6. Name of Closest Stream/River. Conleys Creek
7. River Basin:
Little Tennessee
8. IS this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES ()d NO [ )
9. Have any Section 404 permits been previously requested for'use on this property? YES [x] NO [
If yes, explain. road culverts placed in unnamed trib. to Conleys Creek
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
estimated at 4 acres or less
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.0 0 5
Drained:
Flooded:
0
Excavated: 0.0 0 5
Total Impacted: 0.0 0 5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
water line and seti
line crossing of Conleys Creek consisting r)f 4" dia_ r1„c-+-ilA iron P-1pr,
(see plan sheet and detail attached)
13. Purpose of proposed work: cross Conleys Creek with water and sewer utilities
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measu
taken to minimize wetland impacts. utility crossings are perpendicular to creek ar
cross at one location to-minimize impact to creek
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Madne.Fisheries S
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or c
habitat in the permit area that maybe affected by the proposed project. Have you done so?N / A YES( ] N
RESPONSES 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 h
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] N
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. N /A
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 sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? rural residential
F. If applicable, what is proposed method of sewage disposal? mechanical treatment w/ su:
water discharge to creek under permit #NC 008.441
?; 44_ µ? . G ?13?
Owner's Signature
Michael A. Cornblum, General Partne
t
CREEK AND STREAM CROSSING CONSTRUCTION REQUIREMENTS
1. CONTRACTOR TO SUBMIT A DETAILED PLAN TO THE ENGINEER OF
PROPOSED CROSSING METHODS FOR APPROVAL PRIOR TO
CONSTRUCTION.
2. INSTALL SILT FENCING AND ANY ADDITIONAL EROSION CONTROL
MEASURES WHERE INDICATED AND AS DIRECTED BY THE ENGINEER
PRIOR TO ANY CONSTRUCTION ACTIVITIES.
3. THE STREAM FLOW SHALL BE DIVERTED AS FAR AS PRACTICAL PRIOR
TO ANY PIPELINE ACTIVITIES.
4. MATERIALS USED IN STREAM FLOW DIVERSION WILL BE SUCH THAT
THEY WILL NOT ADD SEDIMENT OR OTHER CONTAMINANTS TO THE
RIVER. ie: APPROVED SANDBAGS, POLYETHYLENE FILM, PRECAST
CONCRETE STRUCTURES, CLEAN WASHED STONE. MATERIALS USED
FOR DIVERSION METHODS SHALL BE PRE-APPROVED.
5. UPON COMPLETION OF THE STREAM DIVERSION, WATER WITHIN THE
CONSTRUCTION AREA SHALL BE DRAINED AS BEST AS PRACTICAL
BEFORE PIPE INSTALLATION.
6. SILT FENCES SHALL BE INSTALLED ALONG THE TOE OF THE RIVER BANK
AT THE CONSTRUCTION PATHWAY. THESE MAY BE REMOVED DURING
WORKING HOURS TO PROVIDE ACCESS BUT SHALL BE IN PLACE AT THE
END OF EACH WORKING DAY AND DURING THE THREAT OF RAIN.

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