19870011 Ver 1_COMPLETE FILE_19870804

?,a SGTFq,
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
S. Thomas Rhodes, Secretary August 4, 1987 Director
Mr. Harold Huff, Director
Water, Sewer, and Engineering
City of Asheville
P.O. Box 7148
Asheville, NC 28807
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sewer Crossing
City of Asheville
French Broad River
Buncombe County
Dear Mr. Huff:
Attached hereto are two (2) copies of Certification No. 2126
issued to City of Asheville dated August 4, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
. William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
As•eville Regional Office
William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A., P-A C)nn rtiinirv Affirmative Action Emvlover

NORTH CAROLINA
Buncombe 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 City of Asheville pursuant
to an application filed on the 25th day of June, 1987 to construct
temporary coffer dams associated with a sewer line crossing of French
Broad River.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of French
Broad River in conjunction with the proposed coffer dams in Buncombe
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 50 NTU's or less
are not considered significant).
2. That upon completion of the sewer line
construction, the temporary fills shall
be removed and pre-construction bottom
contours restored.
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 4th day of August, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Milt*
For
R. Paul Wilms, Director
WQC# 2126
d,,.. STA7F o
Mway!
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
S. Thomas Rhodes, Secretary August 4, 1987 Director
Mr. Harold Huff, Director
Water, Sewer, and Engineering
City of Asheville
P.O. Box 7148
Asheville, NC 28807
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Sewer Crossing
City of Asheville
French Broad River
Buncombe County
Dear Mr. Huff:
Attached hereto are two (2) copies of Certification No. 2126
issued to City of Asheville dated August 4, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed 8v
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
w . w
NORTH CAROLINA
Buncombe 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 City of Asheville pursuant
to an application filed on the 25th day of June, 1987 to construct
temporary coffer dams associated with a sewer line crossing of French
Broad River.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of French
Broad River in conjunction with the proposed coffer dams in Buncombe
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 50 NTU's or less
are not considered significant).
2. That upon completion of the sewer line
construction, the temporary fills shall
be removed and pre-construction bottom
contours restored.
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 4th day of August, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2126

W "T D
??" QunM ?'9'Y
State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
July 27, 1987
RECEI VED
MEMORANDUM J U L 3 1 1987
TO: William C. Mills Wtk QUALITY SECTION
Permits and Engineering OPERATIONS BRANCH
THROUGH: Forrest R. Westal
Water Quality Regi pervisor
FROM: Max L. Haner, Environmental Chemist ND*AA
Water Quality Section
SUBJECT: 401 Certification
City of Asheville
Temporary Cofferdams/French Broad River
Buncombe County, North Carolina
Subject application for 401 Certification has been reviewed and
found to be acceptable. Construction of dual 40 foot-wide cofferdams
of riprap and washed stone screenings to span one half of the river at
a time should not cause significant environmental impact. This
construction is necessary for installation of 300 feet of 8 inch
ductile iron siphon (sewer). Upon completion of this project, all
cofferdam material will be removed.
It is recommended that the 401 Certification be issued for this
project-as proposed.
MLH:ls
Interchange Building, 59 Woodfin Place, P.O. Box 370, Asheville, N.C. 28802-0370 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
A

DEPARTMENT OF THE ARMY
Wilmington District., Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-011-0410
PUBLIC NOTICE
RECEIVED
JUN 2 9 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
June 25, 1987
THE CITY OF ASHEVILLE, WATER, SEWER AND ENGINEERING DEPARTMENT, Post
Office Box 7148, Asheville, North Carolina 28807, has applied for a
Department of the Army permit TO PLACE FILL MATERIAL IN THE FRENCH BROAD RIVER
ASSOCIATED WITH THE CONSTRUCTION OF TEMPORARY COFFERDAMS AND INSTALLATION OF A
SANITARY SEWER, ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed placement
of approximately 300 linear feet of 8-inch ductile iron pipe in a concrete
encasement in the French Broad River. The sewerline is authorized by general
permit No. SAWC081-N-000-0049, but the temporary placement of fill material
for construction of the coffer dams requires specific, individual
authorization. A 40-foot-wide construction corridor, with parallel cofferdams
constructed of riprap and washed stone screenings, is planned. The coffer
dams are to span half the distance across the river at one time, approximately
150 feet. After the sewerline is in place, all fill material is to be removed
from the waters and pre-construction substrate contours reestablished. The
purpose of the work is to provide for improved and expanded municipal
sewerage. 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.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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

-2-
this,.worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
l:constituteq he extent of cultural resource investigations by the District
;,FEnginee:r;,aq;d>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
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

-3-
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
August 4, 1987.
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 29, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 27, 1987, 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
June 22, 1987
SUBJECT: File No. SAWC087-N-011-0410
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:
R E C EI V Ep
JUN 2 5 ,1987
WATER QUALITY SECTION
OPERATIONS 8RANCM
Enclosed is the application of the City of Asheville, Water,
Sewer and Engineering Department, for a Department of the Army
permit and a State Water Quality Certification to place fill
material in the waters of the French Broad River to construct
temporary coffer dams associated with the placement of an 8-inch
sewerline, Asheville, Buncombe 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 August 22, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
t
k
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r

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,
-54WCog-7-^ 1-01
CITY OF ASHEVILLE
WATER, SEWER, AND ENGINEERING DEPARTMENT
POST OFFICE BOX 7148
ASHEVILLE, NORTH CAROLINA 28807
[phone]
June 12, 1937
9/O
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Department of the Army
Wilmington District, Corps of Engineers
P. 0. Box 1893
Wilmington, North Carolina 28402-1890
Attention: Mr. Charles W. Hollis
Re: Siphon Crossing - French Broad River
City of Asheville, Buncombe County
Dear Mr. Hollis:
In accordance with Permit No. SAW C081-N-000-0049 and your
letter to Mr. Joel P. Jenkins of the City of Asheville Community
Development Division dated January 5, 1987, we are submitting an
Application for Permit to Excavate and/or Fill Easement in Lands
Covered by Water along with a. work plan and construction
drawings. This proj.e.ct involves the installation of
'=pPr o--,imately '100 L ,F. of 9" Ductile iror, Pi-ne Sari itar y :-ewer in
_? concrete encasement in the French Broad River,
Should yr)u have any questions, please do not hesitatF-R t o
contact -!)e.
Sincerely,
Harold G. Huff, Director
Water, Sewer and Engineering
HGH/br 1
APPLICAT ION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MA)OR-DEVELOPMENT'
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Co Engineers, Wllmingto Dist(
(GS 113-229,143-215.3(a)(1), 143.215.3(c), 113A-118 (33;209.320-329)
Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank.
Z
1. Applicant Information
Name CITY OF A,SHEVILLE, NORTH CAROLINA
A.
P, 0 . 'MX 7148 First Middle
B. Address pp QQ?? g
ASHEVILLE, NORTHSt?A_OtWx or Route 28807
(704) 2`59--5955 `-
City or Town 'State Zip Code Phone
II. Location of Proposed Project:
A. County BUNCOMBE
B. 1. City, town, community or landmark ASHEVILLE
2. Is proposed work within city limits? Yes V No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
FRENCH BROAD RIVER
III. Description of Project Installation of approx. 300
A. 1. Maintenance of existing project 2. New work L . F . of Sanitary Sewer under
B. Purpose of excavation or fill Broad River
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other SANITARY SEWER length width depth
C. I. Bulkhead length 3001 Average distance waterward of MHW (shoreline) 3001 (TEMPORARY)
2. Type of bulkhead construction (material) RIP RAP & WASHED STONE SCREENINGS
D. Excavated material (total for project) (FROM BOTTOM OF STREAM CHANNEL)
1. Cubic yards 55. 5 2. Type of material ROCK TO BE REPLACED WITH CONCRETE
E. Fill material to be placed below MHW (see also VI. A) (ON TEMPORARY BASIS)
1. Cubic yards 3 , 333 (.TOTAL) 2. Type of material RIP RAP & WASHED STONE SCREENING
1944 C,Y. BE 0
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No V
B. Does the disposal area include any marshland, swamps or other wetland? Yes No V
C. Disposal Area FUTORE FILL AREA TO BE DET ERMINED BY COITMI CTOR
1. Location
2. Do you claim title to disposal area?
SUPPLIER OF STATE APPROVED AGGREGATE MATERIALS
U. Fill material source if lilt is to be trucked in
E. How will excavated material be entrapped and erosion controlled? COFFERDAM INSTALLATION
(. I ype of equipment to be used EXCAVATION EQUIP"IENT AND TRUCKS
G. Will marshland be crossed in transporting equipment to project site? If yes, explain `
&F-B1
A. 1. Private lV ri
.2. Commercial N/A
3. Housing Development or Industrial N A
4. Other INSTALI ATION OF 8" D. I. P. SANITARY SEWER SIPHON IN CONCRETE ENCAS
1. Lot size(s) N/A
2. Elevation of lot (s) above mean high water N/A
3. Soil type and texture N/A
4. Type of building facilities or structures N/A
5. Sewage disposal and/or waste water treatment A. ExistinHON Planned V
B. Describe INSTALLATION OF 8" D.I.P. SIP IN CONCRETE ENCASEMQfI'
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL ( COMMUNITY) RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes V No
B. 1. Will any runoff or discharge enter adjacent waters Vas a result of project activity or planned use of the
area following project completion? Yes No
2. Type of discharge
3. Location of discharge

VII. Present rate of shoreline erosion (if known): NOT KNMN
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: NOT KNOWN
IX. Length of time required to complete project:
AF.FKOX, 4 - 6 NONTHS
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%z X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
.C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d)) Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to a encies listed below.
PROPERTY OWNERS ON EITHER SIDE 01 BROAD RIVER
JENKKINS P, 0. BOX 8413, Asav-a .F. NORTH CAROLINA 28814
MR. JULIUS R. ?c NORMA R. CAUBLE P. 0. BOX 5811, ASHEVTTT.F. NOS CAROLINA 28803
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 2.
VV
Director of Wat&14PAw Y &}' '? Engineering
DAF•82
Rev, 10/78 SEE REVERSE SIDF Fna AAA It IArc rr rc r?, ? ,. ?. .._
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,,,..STATE
o?
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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
July 2, 1987
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. 0410 dated
6125197 describing a project proposed by Tho'-City of Asheville
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 7/23/87
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 I6-)
Date 41411 1IC I
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
IG
SAWC087-N-011-0410
June 25, 1987
PUBLIC NOTICE
THE CITY OF ASHEVILLE, WATER, SEWER AND ENGINEERING DEPARTMENT, Post
Office Box 7148, Asheville, North Carolina 28807, has applied for a
Department of the Army permit TO PLACE FILL MATERIAL IN THE FRENCH BROAD RIVER
ASSOCIATED WITH THE CONSTRUCTION OF TEMPORARY COFFERDAMS AND INSTALLATION OF A
SANITARY SEWER, ASHEVILLE, Buncombe County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed placement
of approximately 300 linear feet of 8-inch ductile iron pipe in a concrete
encasement in the French Broad River. The sewerline is authorized by general
permit No. SAWC081-N-000-0049, but the temporary placement of fill material
for construction of the coffer dams requires specific, individual
authorization. A 40-foot-w1de construction corridor, with parallel cofferdams
constructed of riprap and washed stone screenings, is planned. The coffer
dams are to span half the distance across the river at one time, approximately
150 feet. After the sewerline is in place, all fill material is to be removed
from the waters and pre-construction substrate contours reestablished. The
purpose of the work is to provide for improved and expanded municipal
sewerage. 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.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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 *e 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, aestheti-es, 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
the Army permit serves as application to the DEM for certification.
Additional information regarding thelClean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
t
-3-
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
August 4, 1987.
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 29, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 27, 1987, or telephone [phone].
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