Ver _Complete File_19890112

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-89-N-020-0145
January 12, 1989
PUBLIC NOTICE
THE.EASTERN BAND OF CHEROKEE INDIANS, represented by B. P. BARBER AND
ASSOCIATES, 351-C East Blackstock Road, Spartanburg, South Carolina 29301,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
OCONOLUFTEE RIVER ASSOCIATED WITH CONSTRUCTION OF A WATER INTAKE STRUCTURE AT
CHEROKEE, Cherokee 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
construction of a 6 million gallon per day raw water intake structure on the
Oconoluftee River at Mile 8.5+ within Cherokee Reservation lands. The
concrete and steel structure is to extend waterward approximately 5 feet from
the north bank of the river. Excavation of approximately 25 cubic yards of
bed rock from within the river and on its bank will be required to prepare for
placement of the structure. This material is to be placed and retained on
highground. Approximately 50 tons of riprap material is to be placed landward
of concrete walls on either side of the structure. Construction of temporary
coffer dams from river rubble will be required during construction. The
material forming the coffer dams will be removed to highground as soon-as the
structure is in place. The purpose of the work is to provide a supply of
clean, uncontaminated water for the Cherokee Reservation. 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
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

-2-
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
---da-tamay_b-elost _ or destroy_edby work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the U.S. Environmental Protection Agency (EPA)
issues, denies, or waives certification required by Section 401 of the Clean
Water Act. The EPA 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 EPA for certification.
4,t .,
-3-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing to the Wetlands Section-Region
IV, Marine and Estuarine Branch, U.S. Environmental Protection Agency, 345
Courtland Street, Atlanta, Georgia 30365.
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.,
February 13, 1989, or telephone [phone].
1
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PROFILE
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Pi

PROPOSED
RAW WATER INTAKE
OCONOLUFTEE RIVER, MI. 8.5
CHEROKEE, N.C.
EASTERN BAND OF
CHEROKEE INDIANS
SN&ET 3 aF S

t7 100 YR. FLOOD
EL. 1978.5
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1980.0
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p
EX. RIVER BOTTOM
a.
'a
FRONT ELEVATION
N.T.S.
PROPOSED
RAW WATER INTAKE
OCONOLUFTEE RIVER, MI. 8.5
CHEROKEE, N. C.
EASTERN BAND OF
CHEROKEE INDIANS
Stf??7 4 of 5
a °
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°? •e

EX. BANK -
RIP - RAP
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7
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WING WALL
SECTION
PROPOSED
RAW WATER INTAKE
OCONOLUFTEE RIVER, MI. 8.5
CHEROKEE, N. C.
EASTERN BAND OF
CHEROKEE INDIANS
s 1(-?E6T s o,?- s
Departme'
James G. Martin, Governoi
S. Thomas Rhodes, Secret,
MEMORANDUM
d..? STATE q,
i
axj
vV
A616
Spain
anager
TO: William Mills
Water Quality Operati ns Branch
THROUGH: Forrest R. Wes a
Water Qualitv Re Supervisor
FROM: Peter Nathanson
Asheville Water ality Section
SUBJECT: Proposed Water Intake Structure
Oconoluftee River
Cherokee Indian Reservation
Swain County, NC
This office has read the Department of the Army COE Public
Notice for the subject project and would like to offer the
following comments:
1. Someone should verify that the design size of the raw
water intake structure is large enough to accomodate
the ultimate design flow for the proposed water
treatment facility;
2. Design plans should include best management practices
to control erosion and sedimentation during
construction to prevent adverse aquatic impacts.
Do not hesitate to call me at 704/251-6208 if you have any
questions or comments.
RLE 11V

Interchange Building, 59 Woodfin Place, P.O. Box 370, Asheville, N.C. 2880 07(' ' -,1.6208
An Equal Opportunity Affirmative Action Employer

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
January 11, 1989
SUBJECT: File No. CESAW-C0-89-N-020-0145
N os. C,
u r
Mr. Robert F. McGhee, Chief
Wetlands Section_Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Dear Mr. McGhee:

Enclosed is the application of the Eastern Band of Cherokee Indians,
represented by B. P. Barber and Associates, Incorporated, for Department of
the Army authorization and a Water Quality Certification to place fill
material in the Oconoluftee River associated with construction of a water
intake structure at the Cherokee Indian Reservation, Cherokee County, North
Carolina.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. The North Carolina Division of Environmental Management has declined
certification authority within the Cherokee Reservation. A Department of the
Army permit will not be granted until the certification has been obtained or
waived.
We would appreciate your acting on the request for certification. In
accordance with our administrative regulations, 60 days after receipt of a
request for certification is a reasonable time for certification action.
Therefore, if you have not acted on the request by March 10, 1989, we will
assume that waiver has occurred.
Questions or comments may be addressed to Mr. Robert Johnson, telephone
[phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

Copies Furnished without enclosure:
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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
-2-

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890 `?
Wilmington, North Carolina 28402-189O R E C E I V E D
CESAW-CO-89-N-020-0145 JMa`r Ji 91989
WATER QUALITY SECTION
PUBLIC NOTICE OPERATIONS BRANCH
THE EASTERN BAND OF CHEROKEE INDIANS, represented by B. P. BARBER AND
ASSOCIATES, 351-C East Blackstock Road, Spartanburg, South Carolina 29301,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
OCONOLUFTEE RIVER ASSOCIATED WITH CONSTRUCTION OF A WATER INTAKE STRUCTURE AT
CHEROKEE, Cherokee 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
construction of a 6 million gallon per day raw water intake structure on the
Oconoluftee River at Mile 8.5+ within Cherokee Reservation lands. The
concrete and steel structure is to extend waterward approximately 5 feet from
the north bank of the river. Excavation of approximately 25 cubic yards of
bed rock from within the river and on its bank will be required to prepare for
placement of the structure. This material is to be placed and retained on
highground. Approximately 50 tons of riprap material is to be placed landward
of concrete walls on either side of the structure. Construction of temporary
coffer dams from river rubble will be required during construction. The
material forming the coffer dams will be removed to highground as soon as the
structure is in place. The purpose of the work is to provide a supply of
clean, uncontaminated water for the Cherokee Reservation. 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 92-5.00.
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
consider this application. Requests for public hearing shall state, with
particularity, the reasons fox holding a public hearing.

_2_
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the U.S. Environmental Protection.Agency (EPA)
issues, denies, or waives certification required by Section 401 of the Clean
Water Act. The EPA 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 EPA for certification.

•1
-3-

All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing to the Wetlands Section-Region
IV, Marine and Estuarine Branch, U.S. Environmental Protection Agency, 345
Courtland Street, Atlanta, Georgia 30365.
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.,
February 13, 1989, or telephone [phone].
I

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?- HANDRAIL
STAIRS
d•
N1
L
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PROFILE_
PROPOSED
RASP WATER INTAKE
OCONOLUFTEE RIVER, MI. 8.5
CHEROKEE, N.C.
EASTERN BAND OF
CHEROKEE INDIANS
SHe-Er 3 of 5'

N.W.L. 1965.0
CUT CHANNEL ?r1
I I?1 I
1971.0 INTAKE SCREEN'
C
<. 1
?2
1 ii!! N
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n 100 YR. FLOOD
EL. 1978.5
12' 1 7'
.a
e
•0
N. W. L. EL. 1965 ± ° e
e•
FLOW
e
EL. 1961.0 9-
`C ? BED ROCK
1980.0
STEPS
4' 12'
GUARDRAIL
EL. 1971.0
e
e
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FRONT ELEVATION
N.T.S.
a

PROPOSED
RAW WATER INTAKE
OCONOLUFTEE RIVER, MI. 8.5
CHEROKEE, N. C.
EASTERN BAND OF
CHEROKEE INDIANS
'd
° e
.•q
e
INEX_RIVERTAKE SCREENS

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WING WALL
SECTION
??-- 1961.0-
PROPOSED
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)CONOLUFTEE RIVER,. MI. 8.5
CHEROKEE, N.C.
EASTERN BAND OF
CHEROKEE INDIANS
s 6f&ET s . oic i5-
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