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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
lames G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
April 27, 1989
Mr. R. M. Crisp, District Engineer
N.C. Department of Transportation
Division of Highways
Bryson City, NC 28713
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Relocation - SR1301
N.C. Department of Transportation
Division of Highways
Fontana Reservoir
Swain County
Dear Mr. Crisp:
Attached hereto are two (2) copies of Certification No. 2329
issued to N.C. Department of Transportation dated April 27, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
C
R. Pau Wi ms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. John Parker
Pollution Preoention Pars
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Swain County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of
Transportation pursuant to an application filed on the 23rd day of
February, 1989 to relocate a portion of SR1301 near Almond.
The Application provides adequate assurance that the discharge of
fill material into the waters of Fontana Reservoir in conjunction with
the proposed roadway relocation in Swain County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 27th day of April, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
jR. Paul Wilms, Director
WQC# 2329

AATF o
?r
y
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary April 27, 1989 1)irector
Mr. R. M. Crisp, District Engineer
N.C. Department of Transportation
Division of Highways
Bryson City, NC 28713
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Relocation - SR1301
N.C. Department of Transportation
Division of Highways
Fontana Reservoir
Swain County
Dear Mr. Crisp:
Attached hereto are two (2) copies of Certification No. 2329
issued to N.C. Department of Transportation dated April 27, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
C
G
R. Pau Wi m
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. John Parker
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

t ?
Swain County
NORTH CAROLINA
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of
Transportation pursuant to an application filed on the 23rd day of
February, 1989 to relocate a portion of SR1301 near Almond.
The Application provides adequate assurance that the discharge of
fill material into the waters of Fontana Reservoir in conjunction with
the proposed roadway relocation in Swain County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 27th day of April, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Paul Wilms, Director
WQC# 2329
r.
.W. 1
ti^3r W
State of North Carolina
Department of Natural Resources and Community Development
512 North Salishury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
February 14, 1989
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. 0181 dated
_ 2_/9/89 describing a project proposed by NC DOT, Bryson City
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 318189
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
PO 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
CESAW-CO-89-N-087-0181 February 9, 1989
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Bryson City, North Carolina has applied for a Department of the Army permit TO
PLACE FILL MATERIAL BELOW THE NORMAL POOL ELEVATION OF FONTANA RESERVOIR IN
ASSOCIATION WITH THE RELOCATION OF STATE ROAD 1301 NEAR ALMOND, 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 relocation of State Road 1301 approximately 150 feet
north on North Carolina Highway 28. The work is to require the crossing of a
small drain and adjacent wetland area that are part of the Fontana Lakebed
when it is at the normal pool elevation. A 42-inch road culvert under Highway
28 is to be extended 185 feet upstream. Approximately 3,738 cubic yards of
road fill is to be placed over the culvert and below the 1,710 elevation. The
new road surface is then to be paved with asphalt. The purpose of the
proposed work is to replace the existing hazardous intersection with one of
improved sight distance. 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.
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

-2-
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, flood plain values, 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.
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
A
-3-
the Army permit serves 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
April 3, 1989.
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 March 28, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Robert Johnson, until 4:15 p.m.,
March 10, 1989, or telephone [phone].

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.01& 'r DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-89-N-087-0181 February 9, 1989
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Bryson City, North Carolina has applied for a Department of the Army permit TO
PLACE FILL MATERIAL BELOW THE NORMAL POOL ELEVATION OF FONTANA RESERVOIR IN
ASSOCIATION WITH THE RELOCATION OF STATE ROAD 1301 NEAR ALMOND, 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 relocation of State Road 1301 approximately 150 feet
north on North Carolina Highway 28. The work is to require the crossing of a
small drain and adjacent wetland area that are part of the Fontana Lakebed
when it is at the normal pool elevation. A 42-inch road culvert under Highway
28 is to be extended 185 feet upstream. Approximately 3,738 cubic yards of
road fill is to be placed over the culvert and below the 1,710 elevation. The
new road surface is then to be paved with asphalt. The purpose of the
proposed work is to replace the existing hazardous intersection with one of
improved sight distance. 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.
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
4V -'-
-2-
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, flood plain values, 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.
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
A
-3-
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act cert.ilication 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
April 3, 1989.
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 March 28, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Robert Johnson, until 4:15 p.m.,
March 10, 1989, or telephone [phone].

C ESAW ,C Q Z.N - ?
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
February 22, 1989
SUBJECT: File No. CESAW-CO89-N-087-0181
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:

FF R 2 .) i';%,,

Enclosed is the application of the North Carolina Department of
Transportation, Division of Highways, Bryson City North Carolina, for a
Department of the Army permit and a State Water Quality Certification to place
fill material in an area below the normal pool elevation of Fontana Reservoir,
to relocate part of State Road 1301 near Almond, 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 authorization of 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 considered a reasonable time for State
action. Therefore, if your office has not acted on the request by April 22,
1989, the District Engineer will deem that waiver has occurred.

-2-
V -
M
Questions or comments may be addressed to Mr. Bob Johnson, Asheville Field
Office, telephone [phone].
Sincerely,
har es W. lis
hief, Regulatory Branch
Enclosure

I ,
JAMES G. MARTIN
GOVLRNOR
JAMES E HARRINGTON
SECRETARY
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Bryson City, N.C. 28713
November 23, 1988
Mr. Norman Allgood
Central Land Resource District
Tennessee Valley Authority
P.O. Box 606
Athens, Tenn. 37303
Dear Mr. Allgood
-k J
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DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
The North Carolina Board of Transportation has approved
a spot safety project to improve the intersection of SR 1301
and INC 2B near Almond in Swain County, N.C., the Almond Boat
Park Road which serves the boat dock, a campground and
several homes.
I am enclosing seven (7) copies of a plan sheet and
cross sections showing the proposed work which will move the
intersection approx. 150' North on NC 28. This will
necessitate crossing the hollow and small stream North of
existing SR 1301. The existing 42" pipe will be extended
185' upstream.
Approximately 3,738 cubic yards of fill material will
be placed below the 1710 elevation. This work will be
accomplished with force account labor using our maintenance
employees.
This office has been seeking a solution to this
hazardous situation for some time, if there is any way the
permit process can be speeded up so that the work can be
completed this construction season it would be greatly
appreciated.
If you have any questions concerning this request of
would like to review the stakeout on site please contact'
Larry Dehart of this office at [phone].
Sincerely
R. M. Crisp, I)i?t Enriineer
J a m e s l' . M y e r s 'An Pqual Opportunity/ Affirmative Action Employer
sir ,T NO
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CLAM
XTFR-3
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R 77
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HIGDON ' J•G•ALLEN
DR'S HEIRS