19900207 Ver 1_Complete File_19900101

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. STATE o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
October 1, 1990
Mr. Bill Aubey, Property Manager
Lupton-Davenport Estate
P.O. Box 772
Cashiers, North Carolina 28717
Dear Mr. Aubey:
George T. Everett, Ph.D.
Director
subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Dredging Activity
Horsepasture River/Sapphire Lake
Lupton-Davenport
Jackson County
Attached hereto are two (2) copies of Certification No. 2517
issued to Lupton-Davenport Estate dated October 1, 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
1"?4?OX& ?-?
1
George T. Everett
Director
Attac nts
cc: ilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. John Parker
Pollution Prevention Pays
P .O. Box 27687, Raleigh, North Carolim-i 77611 7087 telephone [phone]
NORTH CAROLINA
JACKSON 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 Lupton-Davenport Estate pursuant to an application filed on
the 12th day of July, 1990 to perform dredging activity in
Sapphire Lake/Horsepasture River.
The Application provides adequate assurance that the
discharge of fill material into the waters of Sapphire
Lake/Horsepasture River in conjunction with the proposed dredging
activity in Jackson 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 10 NTU's or less are not
considered significant).
2. That the flow rate and volume of the dredged
material shall be regulated so as to assure that
it does not cause the turbidity in the lake to
exceed 10 NTU's.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 1st day of October, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eorge T. Everett, Director
WQC# 2517
d M STATE' o
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUAr,17V SFC''TON
September 14, 1c)90
MEMORANDUM
TO: William Mills
Program Planning ilni-.
THROUGH: Forrest: R. Westal..
Regional Water U>ia Ci1peT vi sor
FROM: W. E. Anderson
Environmental C,c.ni.cian
SUBJECT: CESAW-C090-N-050-0290 Revisinn
Lupton-Davenport/Aubey
Jackson County
Ann Q. Orr
Regional Manager
Bob Johnson of the Corps indicated t_lhat- t.l» scope of this project has
been reduced to deepening the lake iii cerl-.ain areas using a hydraulic
dredge. I have inspected the areas t<, be ti :ed Lo receive the dredged
material and it appears that the woi:k c.a>> he clone without violating
water quality standards.
The Water Quality Certific it:inT) p0ioi0 d hf, i smied with the following
condition:
The flow rate and volume of the dr-ed erl material shall be
regulated so as to assure that it- not. cause the turbidity in
the lake to exceed 10 NTU.
If you have any questions, please 1f-l-, m- _koo w.
Interchange Building, 59 Woodhn Placc, Atiheville, N.C. 28801 • Telephone [phone]
An Fqual OP4xrrtunity Affirmative Action Fmplover
STATE o
4
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann 13. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
August 7, 1990
MEMORANDUM
_ -__ L
8 9 lTO: William Mil-
Program Program ""AUG THROUGH: Forres Region, N n,`v SOr FROM : W . E . Anc Envi ronme> i an
SUBJECT: CESAW-C090-, ?0-0290
Lupton-Davenport/Aubey
Jackson County
This is a request to dredge more than 25,000 cubic yards of material
from the Horsepasture River/Sapphire Lake. The stream and lake are
classified "C-Trout". Use of a hydraulic dredge, back hoe, bulldozer,
front end loader, and a drag 'Line are proposed.
Since there is no "Best Management Practice" for this type of operation
and the proposed work cannot possibly be done without violating the
water quality standard for turbidity, it is recommended that water
quality certification be denied..
If you have any questions, please lei:. me }snow.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • telephone [phone]
An Equal Oppominity Affirmative Action Employer
t

State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor WU ian W. 0c3ey, Jr., Secretary
July 12, 1990
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No.0290 dated
6/28/90 describing a project proposed by Mr. Bill Aubey
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 7/25/90
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.
Date
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
Signed
An Equal Opportunity / Affirmative Action Employer
I
V
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-050-0290 June 28, 1990
PUBLIC NOTICE
MR. BILL AUBEY, REPRESENTING THE LUPTON-DAVENPORT ESTATE, POST OFFICE BOX
772, CASHIERS, NORTH CAROLINA 28717, has applied for a Department of the Army
after-the-fact permit TO PERFORM MAINTENANCE DREDGING IN SAPPHIRE LAKE,
EXCAVATE AND FILL TO IMPROVE FISH HABITAT AND MANAGE WETLANDS ON A BACKWATER
SEGMENT OF THE LAKE, REPAIR A BRIDGE OVER THE HORSEPASTURE RIVER AND, DREDGE
AND IMPROVE FISH HABITAT IN A SEDIMENT LAKE ON THE HORSEPASTURE RIVER NEAR
CASHIERS, Jackson County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 the proposed dredging of an approximate 3.5-acre bottom
area of Sapphire Lake. The applicant estimates the removal of 3 to 4 feet of
lakebed sediment by using a hydraulic dredge. Approximately 25,000 cubic
yards of dredged material is to be pumped to one or more of 4 diked dredge
disposal sites at various locations around the lake. The work is to restore
original lake depths thought to vary between 4 to 12 feet at normal high water
(NHW). The purpose of the proposed dredging is to improve boating access and
fishing opportunity.
Also planned are excavation and filling activities in a backwater segment
of Sapphire Lake to improve fish habitat and fishing access. The applicant
believes this area has silted in due to a small tributary branch carrying
sediment from developed areas across Highway 64. Project plans show the
excavation of approximately 1,050 cubic yards of material from this area of
the lake. Excavated material is to be used to create islands within the
dredged area. The remainder of the dredged material is to be placed and
retained on adjacent shoreline areas as shown on the project plans. Much of
this shoreline area consists of adjacent wooded wetlands. The applicant
indicates after the island construction, only 2 to 3 inches of dredged
material is to be spread over this area and is not likely to affect the
wetlands. Following the construction work, the proposed islands are to be
vegetated with native species such as red maple, black willow, rhododendron,
and river birch. Herbaceous and other vegetation are expected to be recruited
naturally to the site. Work is to be accomplished by using a backhoe, front
end loader, and bulldozer.
V
-2-
Immediately upstream of the above work area, a wooden bridge over the
Horsepasture River is to be replaced. All additional fill associated with the
bridge replacement (approximately 30 cubic yards) is to occur above the NHW
elevation contour. Such work does not require Department of the Army
authorization.
Finally, the applicant proposes to perform maintenance dredging in a
manmade sediment lake upstream of Sapphire Lake. The sediment lake, including
a rock dam, was constructed approximately 10 years ago to contain sediment
transported from upstream/off site construction sites. It has filled to near
capacity and is no longer functioning as designed. Much of the lake bed
currently supports hydrophytic/wetland vegetation, and generally functions as
a wetland. The applicant proposes to use a hydraulic dredge to remove
approximately 25,000 cubic yards of material. The dredged material is to be
pumped to one or more of the above mentioned diked disposal areas. Should it
be found that the use of a hydraulic dredge is not possible, it will be
necessary to use a dragline. This will require that the rock dam be breached
and the lake drained. Some vegetation will also be cleared to accommodate use
of the dragline. Once the lake is drained and the vegetation cleared, the
dragline will work off of wooden mats. Some of the excavated material is to
be used to convert existing higher areas within the lake to islands. As with
the above mentioned islands, native wetland vegetation is to be planted. The
remainder of the excavated material is to be spread and retained on adjacent
high ground areas. The purpose of this work is to reestablish the original
sediment holding capacity of the lake and to improve fish habitat and fishing
access. Plans showing all of the above 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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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.

-3-
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 archaeological, 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
U
M
-4-
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 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
July 23, 1990.
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 July 16, 1990, Attn: 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.,
July 30, 1990, or telephone [phone].
d
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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
July 9, 1990
SUBJECT: File No.1 CESAW-CO90-N-050-0290
Mr. William Mills'
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 271687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of the Lupton-Davenport Estate for a
Department of the Army permit and a State Water Quality Certification to place
excavated/fill material, and discharge return effluent from a dredge disposal
area in waters and wetlands associated with the Horse Pasture River, Jackson
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid reques 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
September 6, 1990, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Bob Johnson, telephone
[phone].
Sincerely,
16 W ne Wr ght
hief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
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
'6 L-
?"
1990
Afn ICAT ION
FOR
PERMIT TO EXCAVATE ANDiM FILL WATER QVA.UT`Y CERj f.ICAI1OH
FASEMENT'IN LANDS COVERED BY WATER CA-MA PERMIT FOR MAJOR DEVELOMFNT
1]?vt+..M of AlrwtnLUatle., Stan of Nsrtft Car?llrsa ON?n+•nl N the Army
1121 144-121 phwem.nl .l Man" Rev"LWT01"C44nrnunlty oevejorm"14 Curti "g"." wgwrfnpew C) herul
(Cg 113 21f, I43 71l.?lellil, 143 21l.Jlc), 112A.I10 (2) C/ ll 201.320.1211
Maxim type or print and INl in all blanks, II information Is not applleabte, so Indicate by plsckM N/A In bl".
1. AvOkAnt Information
A. Nan,. Luptgn-Davenwrt Estate - C/o Mr. Dill Aube
e. Addrr„ P.O. Box 772 Lail First Middle
Street, P O. Boa nr Route
Cashiers North Carolina 28717 (704)743-3U49
Cliv w town State Zip Code Phone
IL Lecallor, of Proposed Prot-ect,
A. County ' Jackson
S. 1. City, town, community or landmark _ 11nQ ark Township
L It prcxm%4d work within city limtW I Yes PAC X
C. CGttk, over, round r•r bay upon which prottcl is lodged or neaaesl named body of water to project r
Sapphire Lake
III. Description of Project
A, 1. Maintenance of tattling protect -- ' X 2. Nev; work
1. Purrow of ucavalron or fin
•1. Accesschannelltnglh,..___,wtdth depth
2. Boat basin length-. width depth _
1. Fill area Bridge . . length- NIwidth
--N/A .._._deplh - N/A
4. Olhtr ynQ__. length N /A *idlh
N/A _•death N/A
C I. Bulkhead length V,_ Aver&41 distance walerward of MHW
(tt+aretrnel
. 2. Type of bulkhead comtructton (material)
0. ExcAvaled material (IoM for project)
1. Cubic yards 50000± 2. Type of malertal silt
E. Fill material to be ol.crd below MHW )jet alto VI A)
1. Cubic yards.?]Q$0_- I. Type of maltrral A 1 py H11 & eonrrpt p-
IV, Lind Type, Disrmsal Arta, and Cnnuruetion Eourtxnent
A. Do" the area lu be eatavated include any marshland, jwampt or other wtllandr 1 is No X
8. Does the detpnul area include any mar,nland, %wamos nr other wetland' Yet _.- No _
C. 01woul Area
1. Location Si l ; r'1 ni i-y as dredaina oaeration
L Do you claim title in dttooul area! r,eG
D. Fill m.rlerul wwrtr it fill is lu be Im,%ed in N/A
E, How will to/vated rnwrral be entrapped and trotron %ont?nlledr
Through dediment basin & silt fence
F. Type of equrpmenl Ire he u"d re ge .pump
G. Will marlhland he crnt,ed in transporting tqurpmtnt to protect trees II yet, explain
N()
04F-41

V. r...d.d Urw at ProWmat Arm (Oracfte)
A. I. Pr*sre recreation-
2.
3. Hotreint Dwwioerrsent at Inaurmitl
4. Othe -
L I. Lot deeds) N/A
2. E.Lwadon of lotlsl &boew mrwtt high water
3. SON type ww tmtttwn
A. Type of buildint faecilules a structure'
S. Se•adee disootal andlor waste waiter treatment A. ExisuN Planed
t. Desuibt
IL Land Liasu ic.atenn (circle tee) OEVELOP'D TRANS, flUhAt. COMMUNITY RURAL
COMSER'?ATION OTMI:R ?. (See CAMA Local rd Use Plan Synott+ft)
VI. Pwtalnk% to Fill and Water Quality
A. Does the oracowd ornietl :r:rolve the placement of flif maltriats hNOw •?elte fttgh water! Y"-No x
L 1. WIU any runoff or descharte enter ldWatit waters as a result of prrvetl activity or planned u%d o( the
yea following protect comoletion) Yet 2 No
2, Type of discharge dredae return - , ne --
3. Lecatwn of diiiea?ge Sapphire Lake . 4000+ feet upstream from dam
VII, Phnewet rata of Ow"ine sane' It( known): - - -
VUL Usk pt>nnlt nuenbrn and imm dates of previous Oeowinient of Army Casrpei of Ermpneaa w State pwrvwu for
W o in preieect usai, If Avvi acme:
lX Lwph el tLew required to comokin Poem t:
X M addhie w a flat eaweioted eeolicatlon W"t, the (all*- iwR Iteetne entate bet prwied?ed:
A. Attach 'a copy of ten deed (with Sine aeoplkation only) w other enstrunwist under which applicant
claim title to the alfected vromwty. OR If aoolieant Is not el timint to be the oernw o/ lad proprrty,
then lowed a copy of the deed or od w Instrv"mnt under which the owner chems title plus wrist"
permission from the owner to carry out the tiroieat on his land.
L Attach an accurate work plat drawn to scale on $A X I I" white paoer Isee iresarueUon booklet for
details). Note: Original drawings preferred • only h,qh quality capers accepted.
C. A covy of the aooleution and plat mutt be erred uow adiacant riparian landowners by legtttered w
urtirwd mail or by ouoltcatenn (G.S. 113.229 (dl)Enter date served
0. Litt names and cremolete addresses of the reveres" landowners weth oroewly adiesinint avotecant's.
Such owren have 30 d.vs in whtth to submit Comments to aetrecl4n lifted be"?.
XI. Catificaden requirement: I certify that to the Sett of my knowledtit, the prooosed actively complies
with the State of North Carvle"ah aoorovtd coastal management program and will be conducted in a
(wanner consistent with such program.
XIL Any permit issued ourwunt to this aovlicatire" will Wow only the deveiooment dtxfibed in this appii
•: cation and plat. Acoliunts should therefore describe in the Mmlieateon and plat all anticipated Bevel-
ow"ent activities, including construction, excavation, filling, and land clearing,
OATS March 6, 1990
A lira"t' Signature
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June 28, 1990
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-050-0290
PUBLIC NOTICE
MR. BILL AUBEY, REPRESENTING THE LUPTON-DAVENPORT ESTATE, POST OFFICE BOX
772, CASHIERS, NORTH CAROLINA 28717, has applied for a Department of the Army
after-the-fact permit TO PERFORM MAINTENANCE DREDGING IN SAPPHIRE LAKE,
EXCAVATE AND FILL TO IMPROVE FISH HABITAT AND MANAGE WETLANDS ON A BACKWATER
SEGMENT OF THE LAKE, REPAIR A BRIDGE OVER THE HORSEPASTURE RIVER AND, DREDGE
AND IMPROVE FISH HABITAT IN A SEDIMENT LAKE ON THE HORSEPASTURE RIVER NEAR
CASHIERS, Jackson County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 the proposed dredging of an approximate 3.5-acre bottom
area of Sapphire Lake. The applicant estimates the removal of 3 to 4 feet of
lakebed sediment by using a hydraulic dredge. Approximately 25,000 cubic
yards of dredged material is to be pumped to one or more of 4 diked dredge
disposal sites at various locations around the lake. The work is to restore
original lake depths thought to vary between 4 to 12 feet at normal high water
(NHW). The purpose of the proposed dredging is to improve boating access and
fishing opportunity.
Also planned are excavation and filling activities in a backwater segment
of Sapphire Lake to improve fish habitat and fishing access. The applicant
believes this area has silted in due to a small tributary branch carrying
sediment from developed areas across Highway 64. Project plans show the
excavation of approximately 1,050 cubic yards of material from this area of
the lake. Excavated material is to be used to create islands within the
dredged area. The remainder of the dredged material is to be placed and
retained on adjacent shoreline areas as shown on the project plans. Much of
this shoreline area consists of adjacent wooded wetlands. The applicant
indicates after the island construction, only 2 to 3 inches of dredged
material is to be spread over this area and is not likely to affect the
wetlands. Following the construction work, the proposed islands are to be
vegetated with native species such as red maple, black willow, rhododendron,
and river birch. Herbaceous and other vegetation are expected to be recruited
naturally to the site. Work is to be accomplished by using a backhoe, front
end loader, and bulldozer.
,.J
o?

-2-
Immediately upstream of the above work area, a wooden bridge over the
Horsepasture River is to be replaced. All additional fill associated with the
bridge replacement (approximately 30 cubic yards) is to occur above the NHW
elevation contour. Such work does not require Department of the Army
authorization.
Finally, the applicant proposes to perform maintenance dredging in a
manmade sediment lake upstream of Sapphire Lake. The sediment lake, including
a rock dam, was constructed approximately 10 years ago to contain sediment
transported from upstream/off site construction sites. It has filled to near
capacity and is no longer functioning as designed. Much of the lake bed
currently supports hydrophytic/wetland vegetation, and generally functions as
a wetland. The applicant proposes to use a hydraulic dredge to remove
approximately 25,000 cubic yards of material. The dredged material is to be
pumped to one or more of the above mentioned diked disposal areas. Should it
be found that the use of a hydraulic dredge is not possible, it will be
necessary to use a dragline. This will require that the rock dam be breached
and the lake drained. Some vegetation will also be cleared to accommodate use
of the dragline. Once the lake is drained and the vegetation cleared, the
dragline will work off of wooden mats. Some of the excavated material is to
be used to convert existing higher areas within the lake to islands. As with
the above mentioned islands, native wetland vegetation is to be planted. The
remainder of the excavated material.is to be spread and retained on adjacent
high ground areas.. The purpose of this work is to reestablish the original
sediment holding capacity of the lake and to improve fish habitat and fishing
access. Plans showing all of the above 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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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.
-3-
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 archaeological, 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
-4-
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 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
July 23, 1990.
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 July 16, 1990, Attn: 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.,
July 30, 1990, or telephone [phone].
v oc??
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