19960061 Ver 1_COMPLETE FILE_19960122

9ftltPoj

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
po, BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

January 19, 1996

IN REPLY REFER TO

Regulatory Branch

Action ID No. 199600647

Mr, John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina

Management
of

27626-0535

Dear Mr. Dorney:

Enclosed is the application of the Gem & Lapidary Wholesalers, Inc.,
represented by R,J. Schabilion, for Department of the Army authorization and a
State Water Quality C~rtification to discharge fill material into 2.15 acres
of wetlands adjacent to Mill Creek in conjunction with si~e preparation for
vehicular parking at a proposed Gem Exposition/Center off of Highway 64 west
of Franklin, Macon County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325,2(b) (ii) of our administrative regulations.

We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.

In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by March 17, 1996, the District Engineer will deem that
waiver has occurred.

-2-

Questions or comments may be addressed to David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].

Sincerely, ~, ~

k ~~ /t ~ ~,t L ~,~

Robert W. Johnson
Office Manager
Asheville Regulatory Field Office

Enclosure/as

Copies Furnished (without enclosure)

Mr. John Parker
Division of Coastal Management
North Carolina Depart~ent of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

~~.,:. 't:'-".: . APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
'. (33 CFR 325) Expires October 1998

Public reporting 'burden fOf' this collection of Information Is estimated to average 5 hours per response, Including tha time for reviewing Instruction.,
-'searchlng existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send
r.umments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperatlons and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
Jurisdiction over the location of the proposed activity.

PRIVACY ACT STATEMENT

Authority: 33 USC 401. Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities In, or aHecting,
navigable waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged
material for the purpose of dumping It Into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the application
for a permit. Disclosure: Disclosure of requested Information Is voluntary. If information Is not provided, however, the permit application cannot be
processed nor can a permit be issued.

One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having Jurisdiction over the location of the proposed
activity. An application that Is not c'ompleted in full will be returned. -,~_. ;

1. APPLICATION NO.

2. FIELD OFFICE CODE

4. DATE APPLICATION COMPLETED

I q1~OO feifr

TEM

5. APPLICANT'S NAME
GEM & LAPIDARY WHOL~SfU,.,ERS, INC.

6. APPLICANT'S ADDRESS
P.O. Box 98
Flora, MS 39071

9. AGENT'S ADDRESS

P.O. Box 548
Spruce Pine,

7. APPLICANT' A NE OS W AREA C

a. Residence 879-3786 a. Res~pence (704) ,765-2649

b. Business ::379-8832 b. Business [phone]

11. ",. STATEMENT OF AUTHORIZATION

I hereby authorize, ~. J. Schabilion to act in my behalf as my agent in the processing of this application and to
furnish, UP9[l reqlJ.est, sup.p~ementa.l.info.rmatior in support of this permit application.
\.Jem ~ LaplCtar \vnOleSa ers, Inc.
Candace J. l( amara, Sec. 8 December 1995

-RA

DATE

NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE Isee Instructions)

GEM EXPOSITION CENTER

13. NAME OF WA TERBODY, IF KNOWN (if ~ppllc~b1e)
MILL CREEK

14. PROJECT STREET ADDRESS lif ~pplic~b1.}
OLD MURPHY ROAD
FRANKLIN, NC

15. LOCATION OF PROJECT
MACON

NC

COUNTY

STATE

16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Isee ins/lUc/ions}
NE corner of intersection, bypass Hwy 64 and Murphy Rd (old Hwy 64), Franklin, NC

17. DIRECTIONS TO THE SITE
3~ miles west on Hwy 64 from the
Subject property fronts both Hwy
Murphy Rd, and is located across
service s ta tion.

intersection of Hwys 64 and 441 south, to Murphy Rd.
64 bypass and Murphy Rd. Entrance to property is from
Murphy Rd from Loafers Glory community store and

rf\Jr. C:('\P~" ,1""'C:; roh 011

18. Nature of Activity (Description of pr'?iecl, Include ell feetu,esl . . '
To gravel a portion ot wetlands for use as temporary parking. No gradlng, fll1

dirtwork or construction to be done. Subject property totals 6.9 acres. Approx.

3.11 ac is considered wetlands, 3.79 ac in NON wetlands. All property has been

farmed in previous years. No standing water, lakes or puddles.

19. Project Purpose IDescribethIHusono'pu'poseoflheprojecl,stHflnstructlonsl Only project on wetlands would be to apply
gravel for parking. Related project development in non-wetlands portion of property
would include construction o~ temporary and/or permanent structures to be used for
short term exhibitions, fairs and meetings. Anticipated start of gravel application
would be April 1996. and should be completed by October 1996.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED

20. Reasan(s) far Discharge
None

_. i.

. :"',r:
)

21. Type(s) of Material Being Discharged and the Amaunt .of Each Type in Cubic Yards
NA

C.., '-, ." r
, r -, ·
- ""-.' ;."\. ~

,/

22. Surface Area in Acres .of Wetlands .or Other Waters Filled (s"'" InstlUClionsl
None

23. Is Any Portian .of the Wark Already Camplete? Yes _ Na -X- IF YES, DESCRIBE THE COMPLETED WORK

24. Addresses .of Adjaining Property Owners, Lessees, Etc., Whase Praperty Adjains the Waterbody (If more than can be entered here,
please attach a supplementallistl.

Memorial Methodist Church, P.O. Box 1419, Franklin, NC 28734, Ph [phone]

25. List .of Other Certificatians or Approvals/Denials Received from other Federal, State .or Lacal Agencies far Wark Described in This Applicatian.

. .\'.' .
AGENCY TYPE APPROVAL. . IDENTIFICATION NUMBER ,DATE APt'UED DATE APPROVED DATE DENIED
, ~ ",~,'..... ,>
Have consulted with; , Health" pepartment ~ Macon COi.u:lty Planner, Buil(ilrimgl'Pe~ri1it'Dept.,
Soil Conservation and the City Clerk of Franklin. No applications or pennits are
required at this time.

.Would include but is nat restricted ta zoning, building and flood plain permits

26. Applicatian is hereby made faJ a permit or permits to authorize the wark described in thO applicatian. I certify that the infarmatian in this
applicatian is camplete and accurate. I further certify that I possess the authority to ert e work described herein .or am acting as the
duly authorized agent of the ap ica

DATE

12-8-95

12-8-95

DATE

The applicatian must be signed by the persan wha desires ta undertake the pra ased activity (applicant) or it may be signed by a duly
autharized agent if the statement in black 11 has been filled aut and signed.

18 U.S.C. Sectian 1001 provides that: Whaever, in any manner within the jurisdictian of any department or agency of the United States
knawingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes .or uses any false writing or document knowing same to cantain any false, fictitiaus or
fra.udule~t statements or entry, shall be fined not more than $10,000 .or imprisaned not more than five years or bath.

~l

"--

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. U,S,GPO: 1994.52.0-4 78/820 18

SUBJECT PROPERTY
.-- Bypass US 64, Murphy Rd (Old 64)
Bordered by Mill Creek

AUTHORIZED AGENT:
R.J. Schabilion
P.O. Box 548
Spruce Pine, NC

ly~ 'y~l/
IrO~D

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. P :. O. Box 1419
Frankl.in, NC 28734
Phone:. J704) 524-3368

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State of North Carolina
Department of Environment,
Health and Natural Resources

ir~.;~

~ -- --
- - -
DEHNR

James B. Hunt, Jr" Governor
Jonathan B, Howes, Secretary

May 7, 1996

RECEIVED

Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402

~\s /
/

MAY 1 '71996

ENVIRONMENTAL SCIENCES

--",""'U

Dear Dr. Wright:

In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID No. 199600647 dated January 18,
1996 which describes a project proposal by Gem and Lapidary Wholesalers, Inc. of Flora,
Mississippi. The project, involving wetland fill to provide for a public exhibition area, is located
adjacent Mill Creek in Franklin, in Macon County.

During the course of the coordinated state agency review, this office received important
comments from five of the ten cooperating agencies. Based on these comments the viewpoint
position is that the permit should not be issued. The agency comments are either briefed below
or attached.

Division of Water Resources - made these observations:

1) Has the applicant considered other alternative sites for his parking lot?

2) Has the applicant tried to configure the parking lot such that it would avoid all or
most of the wetlands?

3) If the present site and configuration is the only possible alternative, then we
would recommend that at least a 50 foot vegetated buffer be maintained between
the stream and the parking lot. This will filter out many of the pollutants that will
be washed from the parking lot;

Division of Parks and Recreation. Natural Heritage Program - (See attached 3/4/96
memorandum);

Division of Environmental Management - objected to the proposal;

P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled!lO% post-consumer paper

....

Dr. G. Wayne Wright
Page 2
May 7, 1996

Division of Archives and History - recommended in a 2/20/96 letter to your Asheville
office that a comprehensive survey be conducted should a permit be issued;

Wildlife Resources Commission - recommended the project not be authorized in a
memorandum which was forwarded to your Asheville office;

Division of Land Resources - should permit be issued, made the following observations:

I) A buffer zone must be maintained along the stream.

2) An erosion control plan is required if over one acre is to be disturbed.

3) The site is located in a W-S III watershed.

Should you require additional input from the state on this matter, do not hesitate to
contact this office of the commenting agencies.

Very sincerely,

o . Parker, Jr.
Inland '404 Coordinator

JRP:jr/aw

cc: Division of Water Resources
Parks and Recreation //
Division of Environmental Management V
Archives and History
Wildlife Resources Commission
Division of Land Resources
COE-Asheville

Enclosure

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management

ErA
or - ~ .-
DEHNR

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director

March 18, 1996

Ms. Candace J. McNamara
Gem and Lapidary Wholesalers, Inc.
P.O. Box 98
Flora, MS 39071

Dear Ms. McNamara:

DEM Project #960061, COE Project #199600647
Macon County

On 18 Janmrry 1996, you requested a 401 Water Quality Certification from the
Division of Environmental Management for your project (parking lot construction in 2.15
acres of wetlands) located near Franklin in Macon County. We wrote to you on 26
February 1996 discussing concerns that we have regarding the design of the project and
placing it on hold until those concerns are addressed. As of t(xlay, we have not received a
response to our earlier letter. Unless we receive a response from you by 1 April 19()6, we
will consider that you have withdrawn this application and arc /lot interested in pursuing the
project at this time.

Please call me at 919-733-1786 if you have any questions or would 1iI,(.~ to discllss this
matter.

Sincerely,

(~itJ,I) i ri' l1/

J( hn R. Dorney
qatcr Quality CerliJic, tion Progralll

cc: Asheville DEM Regional Office
Wilmington District Corps of Engineers
Central Files

960061.c1r

Division of Environmental Management . Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 . Telephone [phone] . rAX 919-733-99S9
An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post-consumer p<lper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management

AVA

DEHNR

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.. Director

February 26, 1996

Ms. Candace J. McNamara
Gem and Lapidary Wholesalers, Ine.
P.O. Box 98
Flora, MS 39071

COE #199600647
Project #960061
Macon County

Dear Ms. McNamara:

The Division of Environmental Management, Water Quality Section has reviewed your plans for the
discharge of fill material into 2.15 au-es of waters and/or wetlands located at Bypass US &4 and Murphy
Road in Franklin in Macon county for temporary parking. Based on this review, we have identified a
problem with this project which wOLd prevent DEM from issuing a 401 Water Quality Cenification. This
project as designed would violate dt'.:lsity and buffer requirements for the downstream water supply
(WSIII) watershed (15A NCAC 2B .0215 attached). Furthermore, insufficient evidence is present in our
files to conclude that your project m'JSt be. built as planned in waters and/or wetlands. Therefore, we are
moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until \Ioe receive
additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal \1anagement place your project on administrative hold.

Please provide us with informz.:ion supporting your position that your project must be constructed as
planned and that you have no practi.:able alternative to placing fill in these waters and/or wetlands.
Specifically can you construct your ;;arking lot by retaining an undisturbed buffer adjacem to the stream
and developing a storm water management plan? Any documentation such as maps and ncrrative that you
can supply to address alternative des:gns for your project may be helpful in our review of your 401
Certification. Please respond within two weeks of the date of this letter by sending a copy of this
information to me and one copy to \lr. Bill Anderson at the Asheville Regional Office at 59 Woodfin
Place, Asheville, NC 28801. I can ~ reached at 919-733-1786 if you have any questions.

cc: Asheville DEM Regional Offie<:
Wilmington Office Corps of Er.gineers
Central Files

Sincerely,

~j~{'D:'1
Jo R. Dorney
W ter Quality Certificati n Program

960061.nt y

Division of Environmental Management . Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 . Telephone [phone] . FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post-consumer paper

-'. "

h;::N\ORANDUM

TO:

JOHN DORNEY
ENVIRONMENTAL SCIENCES

PRINT NAMES:
ReVieWer'~
WQ SUPV. : '~; ~. RJ lj)p.;fc)
BRANCH DATE: 6

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE _II :
RCD FROM CDA:
- -
REG OFFICE:

96 PERMIT NO: 0000061
GEM & LAPIDARY WHOLESALERS
PARKING LOT
1'\"006,+7

COUNTY: MACON

INC.
PERMIT TYPE: IND.
DOT_II :
DATE_FRM_CDA: 01/24/96

ARO

RIVER_AND_SUB_BASIN_#: 040401
STREAM CLASS: WSIII

STR INDEX NO: 2-19-9

WL IMPACT?: Y/N

WI. TYPE:
WL_ACR_EST? : 6)N '3.11
WATER IMPACTED BY FILL?: Yf]D
MITIGATION TYPE:

"'1&
/
)~
'- ~
~

');'.")
..I~'
1r::~~.,

WL REQUESTED:
WL_SCOREUJ) : II
MITIGATION?: Y@

MITIGATION SIZE: DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?:~N
HAVE PROJECT C}~NGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y~
RECOMMENDATION (Circle One): ISSUE~UE/~~
COMMENTS: _J:J,,'~ F~O~ ec.\ ~~ f~/)fl1{,J V.'o (~rl! it h<:lTh. -rc...~
JQ.l"""'~~'" b.Jffel/ ye.f(J.',.,.,ne-,.....t~ (\SNC-nCfJJ.cr.OIL4>D) cf~V' w-s rrr:
Wi>~"""k.~.J-S. ;lit wL+(..nJ1~1I'" J.qv Tr;..~ I"',-m~t p,;),.+ ~V'~He.J
,
.Jl'\J .JVP f~rt,.f rt.~ J.;)w~.!~:/n c.'!}(Jj+"'j .~,'",j(., F.:..mdj~r!'.s.'Je"l:e.
w..p - (\f'vt. S h.nurJ b, J.n~t:.-J 19-./ Llf"JIT,'t}I,\,J TIP pn&r.lY"~ (d'""pl:~,^re
1(.1.' ~ 1'''- 't- I.tA t'e v r ).,..J 1 e.~ s ,

cc:

Regional Office
Central Files

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"%\1"'1 NG
\:~(\~\\\t/> :~ > ~;J?.->/h

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feet

o Bottomland hardwood forest 0 Pine savanna
o Headwater forest 0 Freshwater marsh
o Swamp forest 0 Bog/fen

I ~ ~OeC~~iant g ~~~~I~~r~a:etland

~ 0 Bog forest 0 Other

~ *The rating system cannot be applied to salt or brackish marshes or stream channels !
7////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////'i
~ [R weight "'H0i1iT' ~
~ Water storage 0 x 4.00ti~1))/" :
: fA Wei.land Score :
~ i"l Bank/Shoreline stabilization 0 x 4.00 ~
, '
, '
~ l' Pollutant removal \ * x 5 .00 ~

, '
~ I 2.00 ~
; Wildlife habitat _ x .
, n '
: U f i
~ Aquatic life value --L-- x 4.00 ~
:~ 0 :
" '
: Recreation/Education x 1,00 :
, "

~ G · Add 1 point If in sensitive w,ltershed and> 10% nonpolllt disturbance within 1/2 mile upstream, UPSIOP2, or riJdlus ~
/////////////////////////////////////////////////////////////////////""///////////////////////////////////////////////////////////////////////

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///////////////////////////// /// ////////////////////////////////////////////////////// /////////////////////////////////////////////,{
Wetland type (select one)* f
t
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t
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i

February 15, 1996

~~.~

~ - --
- - -
DEHNR

cfj)

.----/

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

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. 199600647 dated
January 18, 1996 describing a proposed project by GEM & Lapidary Wholesalers, Inc. 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 ASAP. 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.

Sigoe

if /u 11~

Date

P.O. Box 27687, Raleigh. North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled! 1 0% post-consumer paper

&

North Carolina Wildlife Resources Commission

':12 :--:. ':=:;}i,~h~ry Screet. Raleigh. ;\cr:n C"rdim 276C4-:1::'6. 91<:"1-733-33";
Charlr.:~ R. F~ll':":::-0\.:~, EX~:-=L.~ti\'t: l)i!"~',~-:-'.

TO

John R. Parker, 404 Coordinator
Division of Coastal Management

RECEIVED
FEB 2 0 1996
ENvIRONME
"",~;~,fcIENCES

i\1E;-.!ORANDUi\l

FROi\!:

Richard B. Hamilton
Assistant Director

. ~ ( . h'/\ i( I.~ tU:...'(\.,J l~"\

DA TE

February 7, 1996

SLBJECT

US Army Corps of Engincers Public i\otice:\o 199600647, Application by Ge:ll
and Lapidary Wholesalers, Inc, for a permit to fill wetlands adjacent to y!ill
Creek, Macon County

!\:orth Carolina Wildlife Resources Commission (l\CWRC) statfhave reviewed the
information provided by the US Army Corps of Engineers, and conducted a site visit on 29
January 1996. These comments are provided in accordance with pro\'isions of the Clean Water
Act of 1977 (33 use 4()6 et seq.), and the Fish and Wildlife Coordination Act (48 Stat 401, as
amended~ 16 use 661-Cl67c1 )

The applicant proposes to discharge approximately 2-3 inches of gravel into
approximately 2.15 acres of\vetlands adjacent to l\[ill Creek near the intersection of US 64 c.nd
Old Murphy Road in Franklin. The graveled area would be used for temporary parking during
short-term exhibitions, l:lirs, and meetings. The applicant intends to construct temporary and/or
permanent structures on the upland property adjacent to the project site. Soils throughout the
wetland are mapped as Nikwasi fine sand loams, which are hydric. Dominant vegetation consists
of tag alder, red maple, black willow, soft rush, tearthumb, sedges, and \voolgrass

These wetlands provide habitat for many species of mammals, birds, reptiles, amphibians.
and invertebrates, and may be especially important as a travel corridor for wildlife In addition.
these wetlands provide a buner between the road\vays and :--'!ill Creek, reducing the amount of
sediment and other pollutants reaching the stream from runotf Trees along the stream also
provide shade and bank stability ~1ill Creek is a tributary to Cartoogechaye Creek, which is
Designated Public Mountain Trout Water.

.

199600647

Page 2

February 7, 1996

Based on our site visit, we believe that the applicant has feasible alternatives to tilling 2.15
acres of wetlands having importance to wildlife and fisheries resources. Possible options include
reducing the size of the parking lot or placing the parking lot on the other side of the stream near
. the Memorial Methodist Church and adding a foot bridge over Mill Creek

We recommend that a permit not be issued for the project as proposed. However, if a
permit is issued then an adequate mitigation plan should be a permit condition. The site has the
potential for on-site mitigation, which is preferred over off-site mitigation. Also, the close
proximity of the upper building to the stream indicates that no rise certification for construction in
a floodplain may be needed. The applicant should contact the county to determine if special
permission is required for construction in the floodplain.

Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact Ms. Stephanie Goudreau at 704/652-4257.

cc: Mr. Bobby Setzer, NCWRC District 9 Commissioner
Ms. Stephanie Goudreau, NCWRC Mt. Region Habitat Biologist
[vIs. Janice Nicholls, USFWS, Asheville
vK1r. John Dorney, DEM
Mr. David Baker, COE, Asheville

I

Project name (~.) L~d~7 t.J~ <~JI/~1A~
County AlccU?\ Wetland area -;:./1
Name of evaluator

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II

II

II

II

II

II

II

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Wetland type (select one)*

II

CJ Bottomland hardwood forest CJ Pine savanna CJ Bog forest
CJ Headwater forest CJ Freshwater marsh CJ Bog/fen
CJ SwarTlJ forest CJ Estuarine fringe forest [Jt-'Seep
CJ Wet flat CJ Ephemeral wetland lit/Other p;j.ftv.J(e/
CJ Pocosin CJ Carolina Bay rr~rj+r 1'1'/.4,
*The rating system cannot be applied to salt or brackish marshes or stream channels
r//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
: [R / weight. ~
: Water storage x 4.00 - ~
:k ~ ~
: M Bank/Shoreline stabilization ~ x 4.00 - ~

1r Pollutant removal Lil * x 5.00 - ~
: / ~
~ Wildlife habitat x 2.00 - ~
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: U I / ~
: Aquatic life va ue x 4.00 - ~
'~n L ~
: U ~ Recreation/Education _ x , 00 - ~
: . ~
: G ~
: .. Add 1 point if in sensitive watershed and> 10% nonpoint disturbance within 1/2 mile upstream, upsl q:>e , or radius ~

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IMPORT ANT

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WHILE YOU WERE OUT
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AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
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RETURNED YOUR
Message____ ---.- --.------------ --.----- ---~
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Signed

N.C. Dept. of Environment, Health. and Natural Resources

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DEPAR'lMENT OF THE ARMY
Wi1mington District, Corps of Engineers
Post Office Box 1890
Wi1mington, North Carolina 28402-1890

Action ID No. 199600647

January 18, 1996

PUBLIC NOTICE

GEM & LAPIDARY WHOLESALERS, INC., REPRESENTED BY R.J. SCHABILION, POST
OFFICE BOX 98, FLORA, MISSISSIPPI 39071 has applied for a Department of the
Army (DA) permit TO DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT TO MILL
CREEK IN CONJUNCTION WITH SITE PREPARATION FOR A GEM EXPOSITION CENTER AT THE
INTERSECTION OF HIGHWAY 64 AND MURPHY ROAD in Franklin, Macon County, North
Carolina.

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
discharge of approximately 2-3 inches of gravel into approximately 2.15 acres
of wetlands adjacent to Mill Creek. The graveled area is to be utilized for
temporary parking during short term exhibitions, fairs, and meetings. The
applicant intends to construct temporary and/or permanent structures on the
upland property adjacent to Old Murphy Road. Soils throughout the wetland
acreage are mapped as Nikwasi fine sandy loams (hydric), with the dominant
vegetation consisting of tag alder, red maple, black willow, soft rush,
tearthumb, sedges, and woolgrass. The purpose of the work is to provide
adequate space for public exhibition activities in the Franklin area. Plans
showing the work are included with this public notice.

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.

This application is being considered pursuant to Section 404 of the Clean
Water Act (33 V.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 6r 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.

-2-

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.

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.

-3-

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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before February 9, 1996, Attention:
Mr. John Dorney.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., February
16, 1996, or telephone [phone].

. ... SUBJECT PROPERTY
_____Bypass US 64, Murphy Rd (Old 64)
Bordered by Mill Creek

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AUTHORIZED AGENT:
R.J. Schabilion
P.O. Box 54B
Spruce Pine, NC

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P.O. Box 1419
Franklin, NC 28734
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management

James 8. Hunt, Jr.. Governor
Jonathan 8. Howes, Secretary
Roger N. Schecter, Director

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- - -

DEHNR

February 15, 1996

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. 199600647 dated
January 18, 1996 describing a proposed project by GEM & Lapidary Wholesalers, Inc. 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 ASAP. 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. Norit1 Carolina 27611-7687
An Equal Opportunrty Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/l 0% post-consumer paper

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DEPARTMENT OF THE ARMY
Wi1mdngton District, Corps of Engin.ers
Post Office Box 1890
Wi1mington, North Caro1ina 28402-1890

Action ID No. 199600647

January 18, 1996

PUBLIC NOTICE

GEM & LAPIDARY WHOLESALERS, INC., REPRESENTED BY R.J. SCHABILION, POST
OFFICE BOX 98, FLORA, MISSISSIPPI 39071 has applied for a Department of the
Army (DA) permit TO DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT TO MILL
CREEK IN CONJUNCTION WITH SITE PREPARATION FOR A GEM EXPOSITION CENTER AT THE
INTERSECTION OF HIGHWAY 64 AND MURPHY ROAD in Franklin, Macon County, North
Carolina.

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
discharge of approximately 2-3 inches of gravel into approximately 2.15 acres
of wetlands adjacent to Mill Creek. The graveled area is to be utilized for
temporary parking during short term exhibitions, fairs, and meetings. The
applicant intends to construct temporary and/or permanent structures on the
upland property adjacent to Old Murphy Road. Soils throughout the wetland
acreage are mapped as Nikwasi fine sandy loams (hydric), with the dominant
vegetation consisting of tag alder, red maple, black willow, soft rush,
tearthumb, sedges, and woolgrass. The purpose of the work is to provide
adequate space for public exhibition activities in the Franklin area. Plans
showing the work are included with this public notice.

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.

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.

.

~

,

-2-

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.

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.

(

,

J

-3-

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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before February 9, 1996, Attention:
Mr. John Dorney.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., February
16, 1996, or telephone [phone].

SUBJECT PROPERTY
_ - Bypass US 64, Murphy Rd (Old 64)
Bordered by Mill Creek

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AUTHORIZED AGENT:
R.J. Schabilion
P.O. Box 548
Spruce Pine, NC

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
p.o. BOX 1890
WilMINGTON, NORTH CAROLINA 28402.1890

January 19, 1996

IN REPLY J~UH11()

Regulatory Branch

Gem & Lapidary Wholesalers, Inc.
Candace J. McNamara, Sec.
Post Office Box 98
Flora, Mississippi 39071

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Action ID No. 199600647

Dear Ms. McNamara:

Reference your application for Department of the Army (DA) authorization
to discharge fill material into 2.15 acres of wetlands adjacent to Mill Creek
in conjunction with site preparation for vehicular parking at your proposed
Gem Exposition Center off of Highway 64 in Franklin, Macon County, North
Carolina,

On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b) (1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:

a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.

b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.

c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.

2-

This information is essential to our expeditious processing of your
application and it should be forwarded to us by February 2, 1996. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.

If you have questions, please do not hesitate to contact David Baker,
Asheville Field Office, Regulatory Branch, telephone [phone].

Robert W. Jo s
Office Manager
Asheville Regulatory Field Office

Copies Furnished:

Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365

Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

\~r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

R.J. Schabilion
Post Office Box 548
Spruce Pine, North Carolina 28777