19960355 Ver 1_COMPLETE FILE_19960415

State of North Carolina
Department of Environment,
Health and Natural Resources 4 I
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Division of Environmental Management
James B. Hunt, Jr., Governor F=1
Jonathan B. Howes, Secretary p E H N f?
A. Preston Howard, Jr., P.E., Director
April 26, 1996
Henderson County
DEM Project # 960355
APPROVAL of 401 Water Quality Certification
Mr. Skip Dunn
727 Sylvan Drive
Hendersonville, NC 28739
Dear Mr. Dunn:
You have our approval to place fill material in 0.06 acres of wetlands or waters for the purpose of
constructing a residential subdivision at Mills River Village, Phase Two, as you described in your
application dated 8 April 1996. 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. 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 Dorney at 919-733-
1786.
Sincerely,
4ston 1 ?o
oward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Philip Ward; William Lapsley and Associates
960355.1tr
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
William G. Lapsley & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
704-697-7334 • FAX [phone]
William G. Lapsley, P.G.
April 8, 1996 r x.11 ?? Gary Tweed, P.E.
John B. deter, P.E.
Philip Ward, L.S.A.
RECEIVED
Mr. Steve Chapin APR 15 1996
U.S. Army Corps of Engineers
151 Patton Avenue, Suite 143 ENVIRONMENTAL SCIENCES
Asheville, NC 28801-5006
RE: 401 Application
Proposed Fill
"Mills River Village" Phase Two
Henderson County, NC
Dear Mr. Chapin:
On behalf of Skip Dunn, we are submitting the enclosed 401 Application for a proposed
fill of a portion of a man made pond.
The fill is for Phase Two of "Mills River Village, a single family residential subdivision
in Henderson County located off.N.C., Highway 191.
Since the. impact area is approximately 0.06 acres, the nationwide permit should
apply.
If you have any questions or,need additional information, please contact me.
Sincerely,
Philip
F5W/ec
cc: Skip Dunn
David Yow, N.C..Wildlife Resources Commission
9John Dorney, NCDEM

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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 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: SKIS' uU41 4
2. Owners Address:
e
3. Owners Phone Number (Home):-y4 ' - 5iT`73_ (Work): agA 2e9 l - &;W O
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: Tf iIYV'i?r"?/ 1`i
Nearest Town or City: N N?I LW
Specific Location (Include road numbers, landmarks,
6. Name of Closest Stream/River. V
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO D4
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:
rv_
Filled: (AU
Drained:
Flooded:
Excavated:
Total
12. Description of proposed work (Attach PLANS-8 1R" X 11" drawings only):
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine. Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ ]
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 historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ]
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 sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?

14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
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