Ver _COMPLETE FILE_19881117

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
November 17, 1988
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. 0057 dated
11/10/$8 describing a project proposed by Asheville Buncombe Sand Co.
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 1216/$$
Very sincerely,
Jolin 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 I °
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
S. Thomas Rhodes, Secretary

An Equal Opportunity / Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-011-0057
November 10, 1988
PUBLIC NOTICE
ASHEVILLE BUNCOMBE SAND COMPANY, c/o John Laughter, 15 Ridgefield Place,
Asheville, North Carolina 28803, has applied for a Department of the Army
permit TO RESUME SAND MINING OPERATIONS ON THE FRENCH BROAD RIVER, AT ITS
INTERSECTION WITH HOMINY CREEK, SOUTH OF ASHEVILLE, BUNCOMBE 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 that the mining operation will occur in an area 175 feet long
by 75 feet wide, to a depth of 12 feet. A river barge is to be placed in the
river to mine the sand, and pump it back to shore to a tower, which has
screens. Water, possibly with some leftover sand, will go into Hominy Creek.
No new structures are to be constructed. The applicant has taken over the
site from another sand mining company who was unable to maintain the operation
to the satisfaction of the landowner, who did not renew the contract. The
applicant proposes remodeling all existing equipment, and continuing
essentially the same type operation as the previous company. The purpose of
the work is to resume a sand mining operation. 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.
Approval of this permit will give Federal authorization for maintenance
dredging for 4?, 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.
This application is being cr; -;:lered pursuant tr '''_Ltion 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
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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 materialsin 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.
' i.2-
Written eoiar,:_nts pertinent ,.,to th?°, proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
December 14, 1988, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890`f::"°'
SAWC089-N-011-0057 November 10, 1988
PUBLIC NOTICE
ASHEVILLE BUNCOMBE SAND COMPANY, C/o John Laughter, 15 Ridgefield Place,
Asheville, North Carolina 28803, has applied for a Department of the Army
permit TO RESUME SAND MINING OPERATIONS ON THE FRENCH BROAD RIVER, AT ITS
INTERSECTION WITH HOMINY CREEK, SOUTH OF ASHEVILLE, BUNCOMBE 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 that the mining operation will occur in an area 175 feet long
by 75 feet wide, to a depth of 12 feet. A river barge is to be placed in the
river to mine the sand, and pump it back to shore to a tower, which has
screens. Water, possibly with some leftover sand, will go into Hominy Creek.
No new structures are to be constructed. The applicant has taken over the
site from another sand mining company who was unable to maintain the operation
to the satisfaction of the landowner, who did not renew the contract. The
applicant proposes remodeling all existing equipment, and continuing
essentially the same type operation as the previous company. The purpose of
the work is to resume a sand mining operation. 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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 ye-;.•s 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.
This app?;..-tion is being cor...sidered pursuant to Section 10 of River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
a/ . --I
-2-
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 maters-als 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.
'Zitten comments pertinent to the
pri,iosed work, as outlined above-; will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
December 14, 1988, or telephone [phone].
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