19880065 Ver 1_COMPLETE FILE_19880101

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Govemor October 4, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. Charles W. Hollis
Chief, Regulatory Branch
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Subject: Application for 404 Permit
Eastern Band of Cherokee Indians
Swain County
Dear Mr. Hollis:
Your letter to me of September 8, requests that we
review the Subject application for a Section 401 Water
Quality Certification. The proposed project involves the
placement of fill or excavated material in the waters and
wetlands of Straight Fork Creek to relocate the creek and
expand the tribal trout farm on the Cherokee Indian
Reservation.
Because the project is located completely on the
Reservation, the North Carolina Water Quality Standards and
Effluent Guidelines do not apply to these waters. The
waters on the Reservation are not considered to be "waters
of the state" by the U.S. EPA. Since these are not
considered to be waters subject to our jurisdiction, we have
no authority to process a Section 401 Water Quality
Certification for this activity. In such cases the Clean
Water Act request that the Certification be processed by the
EPA Administrator. We would suggest that you contact EPA
concerning this matter.
Pollution Prevention Pa--
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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Mr. Carles
Page Two.-. ,
October 4,
Hollis
1988
We will review the proposed activity with respect to
comments or concerns we have for water quality impacts. We
will provide these comments in the coordinated State
viewpoint. Should you have any questions regarding this
matter, please contact me.
Sincerely,
r „
William C. Mills
WCM/dkb
cc: Forrest Westall
John Parker
{
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-087-0480
PUBLIC NOTICE
September 8, 1988
THE EASTERN BAND OF CHEROKEE INDIANS, Post Office Box 455, Cherokee, North
Carolina 28719, represented by MR. LARRY CALLICUTT, Tribal Planner, have
applied for a Department of the Army permit TO PLACE EXCAVATED/FILL MATERIAL
IN WATERS AND WETLANDS RELOCATING APPROXIMATELY 550 LINEAR FEET OF STRAIGHT
FORK CREEK FOR THE PURPOSE OF EXPANDING THE TRIBAL TROUT FARM ON THE CHEROKEE
INDIAN RESERVATION IN CHEROKEE, Swain County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed relocation of 550 linear feet of Straight Fork
Creek to enable expansion of their existing trout hatchery. Four new
concrete 20-foot-wide, 90-foot-long raceways are to be constructed as well as
two new concrete 20-foot-wide, 50-foot-long waste settling ponds. A flood
control dike is to be constructed parallel to the relocated creek. A narrow
band of riparian wetland vegetation, consisting of black willow, alder, sedge,
false-nettle, impatiens, elm and river birch would be eliminated by the
relocation. The existing hatchery outf all is to be moved to reenter the creek
at the terminus of the relocated creek section. The newly created channel is
to be located as close as possible to the cross-sectional area and slope of
the existing creek. This project would be an expansion of the work authorized
by Department of the Army permit No. SAWC083-N-078-0225, issued April 16, 1984.
The purpose of the work is to provide facilities to increase trout
productivity by 100,000 pounds per year. 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 permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
Should the permit be issued, the Tennessee Valley Authority will require
the permittee to employ best management practices to control erosion and
sedimentation, as necessary, to prevent adverse aquatic impacts.
r
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This application is being considered pursuant to Section 404(b) 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 worksite 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 has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not 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.
Y
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Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM 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 permit serve as application to the DEM 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, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
September 30, 1988.
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, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before September 26, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
October 10, 1988, or telephone [phone].
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 8, 1988
SUBJECT: File No. SAWC088-N-085-0480
Mr. William Mills
Water Quality Section s^z a A
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development C't:: ;'7 1a:
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of the Eastern Band of Cherokee Indians,
represented by Mr. Larry Callicutt, Tribal Planner, for Department of the Army
authorization and a State Water Quality Certification to place excavated/fill
material in the waters/wetlands of Straight Fork Creek to relocate the creek
and expand the tribal trout farm, Cherokee Indian Reservation, Cherokee, Swain
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 may be 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, 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 by November 8, 1988, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone (919)
343-4642.
Sincerely
Cha a W. Hol t
Chie Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
b !
APPLICATION FOR
Department of the Army Permit and/or Tennessee Valley Authority Section 26a Approval
The Department of the Army (DA) permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404
of The Clean Water Act (P.L. 95-217). These laws require permits authorizing structures and work in or affecting navigable waters of
th6 United States and the discharge of dredged or fill material into waters of the United States. Section 26a of the Tennessee Valley
Authority Act, as amended, prohibits the construction, operation, or maintenance of any structure affecting navigation, flood control,
or public lands or reservations across, along, or in the Tennessee River or any of its tributaries until plans for such construction,
operation, and maintenance have been submitted to and approved by the Tennessee Valley Authority (TVA).
Two sets of original drawings on 8"x10.1/2" tracing paper or good reproducible copies which show the location and character of the
proposed activity must be attached to this application (see sample drawings) and be submitted to the District Commander and appro-
priete TVA office at the addresses listed below. An application that is not complete will be returned for additional information.
Information in the application is made a matter of public record through issuance of a public notice, If warranted. Disclosure of the
information requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to
evaluate the application. if necessary information Is not provided, the application cannot be processed nor can a permit/approval
be issued.
I
DA and TVA Main Office TVA Office Location Meiling Address
Nashville District 202 West Blythe Street Supv., Lend and Facilities Mgmt. (West)
Commander
,
U.S. Army Corps of Engineers Paris, Tennessee Division of Natural Resource Operations
Post Office Box 1070 Phone: [phone] Post Office Box 280
Nashville, Tennessee 37202 Paris, TN 38242-0280
170 Office Service Warehouse Supv., Land and Facilities Mgmt. (West)
Muscle Shoals, Alabama Division of Natural Resource Operations
Phone: [phone] Office Service Warehouse
Muscle Shoals, AL 35660
Director of Land and Forest Resources 1101 Congress Parkway Supv., Land and Facilities Mgmt. (East)
Tennessee Valley Authority Athens, Tennessee Division of Natural Resource Operations
Norris, Tennessee 37828 Phone: [phone] Post Office Box 606
C,J Athens, Tennessee 37303

2611 West Andrew Johnson Supv., Land and Facilities Mgmt. (East)
Highway Division of Natural Resource Operations
Morristown, Tennessee 2611 West Andrew Johnson Highway
Phone: [phone] Morristown, Tennessee 37814
Name and Address of Applicant Name, Address, and Title of Authorized Agent
Eastern Band of Cherokee Indians B. P. Barber & Assoc., Inc.
P. 0. Box 455 351-C East Blackstock Road
Cherokee, NC 28719 Spartanburg, SC 29301
Attn: Larry Callicutt, Tribal Planner Attn: Richard A. Lenderman, P.E.
Telephone Number i Telephone Number
Home Home
Office 704-497-4951 office 803-576-6610
Location where activity exists or will occur (include Application submitted to
Stream Name and Mile, if known)
DA ® Yes ? No TVA R] Yes ? No
1 mile above its
ht Fork Creek - 1
Strai
.
g
confluence with Raven Fork Creek Date activity is proposed to commence 9/88
Longitude 830-14'-35" Data activity is proposed to be completed 10/88
Latitude 350-34'-43"
Names, addresses, and telephone numbers of adjoining property owners, lessees, etc., whose properties also join the waterway.
Marilyn S. French Lloyd Sequoyah Emmaline Driver Ernest Panther
Big Cove Road Big Cove Road Big Cove Road Big Cove Road
Cherokee, N.C. Cherokee, N.C. Cherokee, N.C. Cherokee, N.C.
No Telephone No Telephone No.Telephone [phone]
List of previous DA/TVA permits/approvals ? DASAWC083-N-078-02451 TVA April 16, 1984
Permit Number Date
DA/TVA JULY 1979
I
? YES ® NO
Is any portion of the activity for which authorization is sought now complete?'
If answer Is "Yes" attach explanation. Month and year the activity was completed
Indicate the existing work on the drawings.
List all approvals or certifications required by other federal, interstate, state or local agencies for any structures, construction, dis•
charges, deposits or other activities described in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
U. S. Army Corps of Engineers, Stream Relocation
N. C. Division of Environmental Management, Stream Relocation
Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein?
? Yes 0 No (If "Yes" attach explanation)
Describe in detail the proposed activity, its purpose and intended use (private, public, commercial or other) including description of
the type of structures, if any to be erected on fills, or pile or float-supported platforms, the type, composition and quantity of
materials to be discharged or dumped and means of conveyance, and the source of discharge or fill material. If additional space is
needed, please attach additional sheets.
Applicant desires to relocate approximately 550 linear feet of straight Fork
Creek and to construct a flood control dike adjacent to said relocated creek
for the purpose of expanding the Tribal Trout Farm owned and operated by the
Eastern Band of Cherokee Indians. Applicant plans to construct four (4) new
raceways, each 20' wide by 90' long. Applicant also plans to construct two (2)
new waste settling ponds, each 20' wide by 50' long..
Application is hereby made for approval of the activities described herein. 1 certify that I am familiar with the information con-
tained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I
f-than rartifv that I possess the authority to undertake the proposed activities.
Date
Signature o Applwant or Authorized Agent
Jonathan L. Taylor, Principal Chief
The application must be signed by the applicant; however, It may be signed by a duly authorized agent if this form is accompanied
by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information In support
of the application.
18 U. S. C. Section 1001 provides that: Whoever, in any manner within the Jurisdiction of any department or agency of The United
States knowingly and willfully falsifies, conceals, or covers up by any trick scheme, or device a material fact of makes any false,
fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any
false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or Imprisoned not more than five years, or
both. Do not send a permit processing fee with this application. The appropriate DA fee will be assessed when a permit Is Issued.
4
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Exhibit 3
` REPORT OF THE ANTICIPATED ENVIRONMENTAL CONSEQUENCES
RESULTING FROM THE ERECTION OF THE PROPOSED STRUCTURE
Applicant must supply sufficient answers to the following five questions to enable TVA to determine if an
environmental statement is required pursuant to Section 102 of the National Environmental Policy Act,
Public Law 91-190.
1. What is the probable impact of the proposed structure on the environment?
The proposed stream relocation should have no permanent impact on the
environment in that the relocated stream channel will have approximately
the same slope and length as the existing channel.
2. Arc there any probable adverse environmental consequences which cannot be avoided?
There will be a temporary disturbance in the stream from siltation and
minor debris when the new channel is put into operation.. Stream condi-
tions should stabilize in less than 24 hours.
3. What are the alternatives to the proposed structure?
Due to the extreme topography of the area and hydraulic constraints in
the trout farm, other property for expansion of the fhcility does not
exist.
4. What is the relationship between the local short-term uses of the environment and the maintenance of
long-term productivity which will result from the proposed structure?
Local short-term use of the existing stream is limited, used primarily
for intrequent sport fishing. The same short-term uses will be available
in the relocated channel after it stabilizes. The long term productivity
of the trout farm will be enhanced by increased capacity of 100,000
pounds of fish per year.
5. Is there any irreversible or irretrievable commitment of resources which would be involved by virtue of
the proposed structure?
Since the existing stream channel will be replaced by approximately the
same length of new channel, there will be no irretrievable commitment
of resources.
B. P. BARBER & ASSOCIATES, INC. S.C SOC SO'F ENGRSE/S. C. S. P. E.
ENGINEERS PLANNERS SURVEYORS
351-C EAST BLACKSTOCK ROAD/SPARTANBURG, SOUTH CAROLINA 29301
AREA CODE 803/576-6610
August 12, 1988
?ecel
Division of Environmental Management 4g9-7,5
North Carolina Department of Natural Resources and Community Development P£RM/ 1,988
P. O. Box 27687
Raleigh, N. C. 27611-7687 & F??/N?R!/?G
Re: Eastern Band of Cherokee Indians
Trout Farm Expansion
Job No. 88366
Gentlemen:
Enclosed for your review are five (5) copies of the Eastern Band of Cherokee
Indians' Application for TVA Section 26a approval on their proposed trout farm
expansion which will involve the relocation of a segment of Straight Fork Creek
on Cherokee Reservation lands.
We understand that a DEM Water Quality Certificate on the proposed activity
will be required. On behalf of the Tribe, we request that you review the enclosed
information and advise if other information is needed to complete your approval
of the proposed project.
Yours truly, 2? ??,
aY
Richard A. Lenderman, P.E.
RE C EIVF
7 1
938
1

RAL/shn
Enclosures
,t 0i
APPLICATION FOR
Department of the Army Permit and/or Tennessee Valley Authority Section 26a Approval
The Department of the Army (DA) Permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404
of The Clean Water Act (P.L. 95-217). These laws require permits authorizing structures and work in or affecting navigable waters of
the United States and the discharge of dredged or fill material Into waters of the United States. Section 26a of the Tennessee Valley
Authority Act, as amended, prohibits the construction, operation, or maintenance of any structure affecting navigation, flood control,
or public lands or reservations across, along, or in the Tennessee River or any of its tributaries until plans for such construction,
operation, and maintenance have been submitted to and approved by the Tennessee Valley Authority (TVA).
Two sets of original drawings on 8"x10-1/2" tracing paper or good reproducible copies which show the location and character of the
proposed activity must be attached to this application (see sample drawings) and be submitted to the District Commander and appro-
priate TVA office at the addresses listed below. An application that is not complete will be returned for additional information.
Information in the application is made a matter of public record through issuance of a public notice, if warranted. Disclosure of the
information requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to
evaluate the application. If necessary information is not provided, the application cannot be processed nor can a permit/approval
be issued.
DA and TVA Main Office TVA Office Location Mailing Address
Commander, Nashville District 202 West Blythe Street Supv., Land and Facilities Mgmt. (West)
Division of Natural Resource Operations
U.S. Army Corps of Engineers Paris, Tennessee
Post Office Box 1070 Phone: [phone] Post Office Box 280
Nashville, Tennessee 37202 Paris, TN 38242-0280
170 Office Service Warehouse Supv., Land and Facilities Mgmt. (West)
Muscle Shoals, Alabama Division of Natural Resource Operations
Phone: [phone] Office Service Warehouse
Muscle Shoals, AL 35660
Director of Land and Forest Resources 1101 Congress Parkway Supv., Land and Facilities Mgmt. (East)
Tennessee Division of Natural Resource Operations
Athens
,
Tennessee Valley Authority
Tennessee 37828 Phone: [phone] Post Office Box 606
Norris
,
Athens, Tennessee 37303
2611 West Andrew Johnson Supv., Land and Facilities Mgmt. (East)
Highway Division of Natural Resource Operations
Morristown, Tennessee 2611 West Andrew Johnson Highway
Phone: [phone] Morristown, Tennessee 37814
Name and Address of Applicant Name, Address, and Title of Authorized Agent
Eastern Band of Cherokee Indians B. P. Barber & Assoc., Inc.
P. O. Box 455 351-C East Blackstock Road
Cherokee, NC 28719 Spartanburg, SC 29301
Attn: Larry Callicutt, Tribal Planner Attn: Richard A. Lenderman, P.E.
Telephone Number Telephone Number
Home Home
Office 704-497-4951 Office 803-576-6610
Location where activity exists or will occur (include
mitted to
ub
Applic

tream Name and Mile, if known)
S j

DA [] No TVA ® Yes No
1 mile above its
ht Fork Creek - 1
i
t
.
ra
g
S
confluence with Raven Fork Creek Date activity is proposed to commence 9/88
Longitude 830-14'-35" Date activity is proposed to be completed 10/88
Latitude 350-341-43"
Names, addresses, and telephone numbers of adjoining Property owners, lessees, etc., whose properties also join the waterway.
Marilyn S. French Lloyd Sequoyah Emmaline Driver Ernest Panther
Big Cove Road Big Cove Road Big Cove Road Big Cove Road
Cherokee, N.C. Cherokee, N.C. Cherokee, N.C. Cherokee, N.C.
No Telephone No Telephone No Telephone [phone]
List of previous DA/TVA permits/approvals ? DASAWC083-N-078-0220 TVA April 16, 1984
Permit Number Date
DA/TVA JULY 1979
r,
? YES ® NO
Is any portion of the activity for which authorization is sought now completa7'
If answer Is "Yes" attach explanation. Month and year the activity was completed
Indicate the existing work on the drawings.
List ail approvals or certifications required by other federal, Interstate, state or local agencies for any structures, construction, dis.
charges, deposits or other activities described in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
U. S. Army Corps of Engineers, Stream Relocation
N. C. Division of Environmental Management, Stream Relocation
Y
Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein?
? Yes O No (If "Yes" attach explanation)
Describe in detail the proposed activity, its purpose and intended use (private, public, commercial or other) including description of
the type of structures, if any to be erected on fills, or pile or float-supported platforms, the type, composition and quantity of
materials to be discharged or dumped and means of conveyance, and the source of discharge or fill material. If additional space is
needed, please attach additional sheets.
Applicant desires to relocate approximately 550 linear feet of Straight Fork
Creek and to construct a flood control dike adjacent to said relocated creek
for the purpose of expanding the Tribal Trout Farm owned and operated by the
Eastern Band of Cherokee Indians. Applicant plans to construct four (4) new
raceways, each 20' wide by 90' long. Applicant also plans to construct two (2)
new waste settling'ponds, each 20' wide by 50' long.
l
Application is hereby made for approval of the activities described herein. I certify that I am familiar with the information con-
tained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I
further certify that 1 possess the authority to undertake the proposed activities.
-z- _s8
Date
z_ -l ---?
Signature o Applwant or Authorized Agent
Jonathan L. Taylor, Principal Chief
The application must be signed by the applicant; however, It may be signed by a duly authorized agent if this form is accompanied
by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information in support
of the application.
is U. S. C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United
States knowingly and willfully falsifies, conceals, or covers up by any trick scheme, or device a material fact of makes any false,
fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any
false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or Imprisoned not more than five years, or
both. Do not send a permit processing fee with this application. The appropriate DA fee will be assessed when a permit Is Issued.
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Exhibit 3
REPORT OF THE ANTICIPATED ENVIRONMENTAL CONSEQUENCES
RESULTING FROM THE ERECTION OF THE PROPOSED STRUCTURE
Applicant must supply sufficient answers to the following five questions to enable TVA to determine if an
environmental statement is required pursuant to Section 102 of the National Environmental Policy Act.
Public Law 91-190.
1. What is the probable impact of the proposed structure on the environment?
The proposed stream relocation should have no permanent impact on the
environment in that the relocated stream channel will have approximately
the same slope and length as the existing channel.
2. Are there any probable adverse environmental consequences which cannot be avoided?
There will be a temporary disturbance in the stream from siltation and
minor debris when the new channel is put into operation.. Stream condi-
tions should stabilize in less than 24 hours.
3. What are the alternatives to the proposed structure?
Due to the extreme topography of the area and hydraulic constraints in
the trout farm, other property for expansion of the facility does not
exist.
4. What is the relationship between the local short-term uses of the environment and the maintenance of
long-term productivity which will result from the proposed structure?
Local short-term use of the existing stream is limited, used primarily
for intrequent sport fishing. The same short-term uses will be available
in the relocated channel after it stabilizes. The long term productivity
of the trout farm will be enhanced by increased capacity of 100,000
pounds of fish per year.
5. Is there any irreversible or irretrievable commitment of resources which would be involved by virtue of
the proposed structure?
Since the existing stream channel,will be replaced by approximately the
same length of new channel, there will be no irretrievable commitment
of resources.

State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
September 15, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0480 dated
9/8/88 describing a project proposed by The EdSteM Band of Cherokee InQ1enS
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 10/5/88 ,
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed .
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-087-0480
September 8, 1988
PUBLIC NOTICE
THE EASTERN BAND OF CHEROKEE INDIANS, Post Office Box 455, Cherokee, North
Carolina 28719, represented by MR. LARRY CALLICUTT, Tribal Planner, have
applied for a Department of the Army permit TO PLACE EXCAVATED/FILL MATERIAL
IN WATERS AND WETLANDS RELOCATING APPROXIMATELY 550 LINEAR FEET OF STRAIGHT
FORK CREEK FOR THE PURPOSE OF EXPANDING THE TRIBAL TROUT FARM ON THE CHEROKEE
INDIAN RESERVATION IN CHEROKEE, Swain County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed relocation of 550 linear feet of Straight Fork
Creek to enable expansion of their existing trout hatchery. Four new
concrete 20-foot-wide, 90-foot-long raceways are to be constructed as well as
two new concrete 20-foot-wide, 50-foot-long waste settling ponds. A flood
control dike is to be constructed parallel to the relocated creek. A narrow
band of riparian wetland vegetation, consisting of black willow, alder, sedge,
false-nettle, impatiens, elm and river birch would be eliminated by the
relocation. The existing hatchery outfall is to be moved to reenter the creek
at the terminus of the relocated creek section. The newly created channel is
to be located as close as possible to the cross-sectional area and slope of
the existing creek. This project would be an expansion of the work authorized
by Department of the Army permit No. SAWC083-N-078-0225, issued April 16, 1984.
The purpose of the work is to provide facilities to increase trout
productivity by 100,000 pounds per year. 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 permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
Should the permit be issued, the Tennessee Valley Authority will require
the permittee to employ best management practices to control erosion and
sedimentation, as necessary, to prevent adverse aquatic impacts.
T

-2-
This application is being considered pursuant to Section 404(b) 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 worksite 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 has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not 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
119.88), 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.
T
a?
-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM 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 permit serve as application to the DEM 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, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
September 30, 1988.
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, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before September 26, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
October 10, 1988, or telephone [phone].

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