19910071 Ver 1_COMPLETE FILE_19910202

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, Governor
William W. Cobey, Jr., Secretary
February 20, 1991
r?.
Mayor Cloe Moore
Town of Murphy
P.O. Box 130
Murphy, N.C. 28906
George T. Everett, Ph.D.
Director
Dear Mr. Moore:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed access road upgrade
Cherokee County
Attached hereto are two (2) copies of Certification No.
2570 issued to Mayor Cloe Moore dated February 20, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
0, q<;' I
/?e+ George T. Everett
(((/// Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
Poaudon Pmwmdon Pays
P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
?? Mnr m.i? l^-
?01 Jy YC'4
QWM
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 ENVIR014MENTAL MANAGEMENT
WATER QUALITY SECTION
February 11, 1991
MEMORANDUM
TO: John Dorney
THROUGH: Forrest R. Wes Ka
Regional Water 'ty Supervisor
FROM: William E. Ande son N
Environmental Technician
SUBJECT: Action ID 199100767
Town of Murphy POTW Road
Cherokee County
Ann B. Orr
Regional Manager
This is a request to raise the access road to the Murphy wastewater
treatment plant above the high pool elevation of Hiwassee Lake. At
normal pool elevation, the lake pool begins just upstream of the
treatment plant and the majority of the road is well above stream
elevation. At high pool, parts of the road are well under water. High
elevation results in a pool elevation increase of maybe 10 feet. It
occurs every year or so and sometimes lasts for weeks.
Since the road is well above normal pool elevation and the ground
contour falls away steeply on the lake side of the road, wetlands
which might be associated with the lake shore are not significant in
this case. Also, the steep elevation and -the distance from the stream
at normal pool reduce the likelihood of fill material entering the
stream.
It is therefore recommended that a. Water. Quality Certification be
issued for this project and that it contain standard conditions
requiring minimization of sedimentation. and compliance with the
turbidity standard.
If additional clarification i,s needed., please let me know.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • 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
Action ID. 199100767 January 31, 1991
PUBLIC NOTICE
THE TOWN OF MURPHY, represented by MAYOR CLOE MOORE, Post Office Box 130,
Murphy, North Carolina 28906, has applied for a Department of the Army permit
TO DISCHARGE FILL MATERIAL IN HIWASSEE LAKE TO UPGRADE AN EXISTING ROAD
ACCESSING THE TOWN OF MURPHY WASTEWATER TREATMENT PLANT, Cherokee County,
North Carolina.
By public notice of January 17, 1991, we announced the Town of Murphy's
proposal.. The last paragraph inadvertently indicated that written comments
pertinent to the proposed work will be received in this office, Attention:
Mr. David Baker, until 4:15 p.m., March 18, 1991, or telephone [phone].
The aforementioned date is incorrect. The date for receipt of comments is
February 18, 1991.

O?SEWOnn
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. +A. n m
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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
February 1, 1991
Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr_. Everett:
Wil] ian W. Ccbay, jr., se=etary
The attached U. S. Army Corps of Engineers Public Notice No. 0767 dated
1/17/91 describing a project proposed by The.-Town of Murphy
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 3/18/91
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this pro. ttdSarre attached.
l..i This office s gert?s- f fe project proposal.
No comment.
Signed
Date
Agency
JRP: jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

k
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199100767
January 17, 1991
PUBLIC NOTICE
THE TOWN OF MURPHY, represented by MAYOR CLOE MOORE, Post Office Box 130,
Murphy, North Carolina 28906 has applied for a Department of the Army permit
TO DISCHARGE FILL MATERIAL INTO HIWASSEE LAKE TO UPGRADE AN EXISTING ROAD
ACCESSING THE TOWN OF MURPHY WASTEWATER TREATMENT PLANT, 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 discharge of
approximately 970 cubic yards of earthen fill, gravel, and riprap below the
full pool elevation (elevation 1524.5) opposite Hiwassee River mile 95.5R to
upgrade and elevate Payne Street. Fourteen hundred linear feet of existing
roadway are to be improved. The existing roadway was inundated for 3 months
during the summer of 1989, requiring plant employees to use boats to access
the wastewater treatment plant. The roadway is to be raised to elevation 1528
to allow unobstructed vehicular access to the plant. Plans showing the work
are included with this public notice.
Should the permit be issued, the Tennessee Valley Authority (TVA) 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 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, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
v
-2-
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
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 serve as application to the DEM for certification.

-3-
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after February 11, 1991.
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 February 4, 1991, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above,
will be received in this office, Attention: David Baker, until 4:15 p.m.,
March 18, 1991, or telephone [phone].
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FBR- 370 JOHN B..HALL (EASEMENT)
XFBR 39 H. E. DICKEY ET UX
XFBR 42 ARNOLD STILES ET UX
XFBR 49 TOWN OF MURPHY. N. C.
XF8R SO 8 W. WHITFIELD ET UX
XF8R SI HAYES DOCKERY a J. DOYLE BURCH
XFBR 53 CHEROKEE COUNTY DEVELOPMENT CORP. ,
XFBR 63H WILLIAM J WELLS (EASEMENT)
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XTFBR - I TRANSFERRED TO U. S. DEPT. OF AGRICULTURE (NATIONAL FOREST SERVICE )
XTFBR-6 TRANSFERRED TO TOWN OF MURPHY, N. C.
XTFBR-19RE EASEMENT GRANTED TO TOWN Of MURPHY AND CHEROKEE COUNTY, N. CAROLINA
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CHEROKEE COUNTY, NORTH CAROLINA

SHEET
13
HIWASSEE
D
RESERVATION
HIWASSEE RESERVOIR
TENNESSEE VALLEY AUTHORITY
MAPS AND SURVEYS BRANCH
love o fnr Ideo Soso
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 17, 1991
Regulatory Branch
Action ID. 199100767
Mr. William Mills
Water.Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
S,
J
Enclosed is the application of the Town of Murphy, for Department of the
Army (DA) authorization and a State Water Quality Certification to discharge
fill material into Hiwassee Lake in conjunction with upgrading of an access
road leading to the wastewater treatment plant in Murphy, Cherokee 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 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. A DA permit will not be granted until the certification has been
obtained or waived.
District Engineer will deem that waiver has occurred.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 19, 1991, the
Questions or comments may be addressed to Mr. David Baker, telephone (704)
259-0856.
Sincerely,
e Wri t
V!ief, Regulatory Branch
1 ?2.
JAN 1991
elr
??}.' r•',Y ,'.. `: mac. ??L
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

Commissioners
William J. Wells
Margaret M. Warner
Everett English
January 3, 1991
U. S. Army Corps of Engineers
Regulatory Field Office
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, N. C. 28801
Dear Sir:
Re: Payne Street Application for Filling :Above Hiwassee Lake Level
Please find application Form 4345 for permit to use fill dirt to fill
Payne Street above lake level for access to Town of Murphy waste
water treatment plant.
If you should need more information, please call the writer at-(704)
837-2510.
Sincerely,
Cloe Moore
Mayor, Town of Murphy
Enclosures: 1 each Form 4345 Application
1 each TVA Map Sheet 13D
1 each Town of Murphy Map
Zaim of Murp?r
Cloe Moore. Mayor
P. O. Box 130
Murphy. North Carolina 28906
[phone]
Commissioners
Henry S. Simmons
Robert A. Jordan
William N. Hughes
it
Faye B. Kinney, Clerk - McKeever, Edwards, Davis & Hays, Attorneys
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
`
(33 CFR 325) Expires 30 June 1992
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Applications for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899. Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United Stales, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
Cloe Moore
Ar,'rioK- Sb im 00767 Mayor, Town of. Murphy
107 Sunset Drive
t8}??h?'na. ?nngCbasirt@S5'hQ?s

2. NAME AND ADDRESS OF APPLICANT A/C V04) 837-2991 (Residence)
Town of Murphy AIC404) R37-9510 (Office)
P. 0. Box 130
Statement of Authorization: I hereby designate and authorize
Murphy, N. C. 28906 to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C (" ) - _ ..._...__, (Residence) SIGNATURE OF APPLICANT DATE
ac [phone] (Of lice)

4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Use fill dirt to fill Payne Street above lake level.
4b. PURPOSE
To provide access road to Town of Murphy Waste Water Treatment Plant.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
Total amount of fill to be placed between 1524.5 foot contour elevation and 1540 is
4500 cubic yards. (This will actually be between the 1524.5 and finish grade level
1528)
ENG FORM 4345, Aug 89 EDITION OF APR 98 IS OBSOLETE. (Prupunent: CECW-ON)
S. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
U.-S. Forest Service
Rangers Office
Woodland Drive
Murphy, N. C. 28906
8. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Hiwassee Lake. Payne Street runs Southwest off of Joe Brown Highway to Town of Murphy
Waste Water Treatment Plant. When lake is full parts of Payne Street is covered with
water and our employees have to travel by boat to WWT Plant.
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Payne Street off Joe Brown Highway
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Cherokee N. C. 28906
COUNTY STATE, ZIP CODE
Town of Murvhv
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? O YES ® NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
TVA - Under study Tract # August 27, 1990 Under study
Tennessee Val. to issue XFBR-25R
Authority Town of Murphy
William G. McKibben Map No. 2D
Mgr.Property
Management
P. 0. Box 606
Athens, Tn. 37303
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
SIGN APPOCANT DA E / 9 SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious dr fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(Reverse or ENO PORN 4345)
U.S. GOVERNMENT PF4wm . raw nrmr.W
49f.,, ,? M?}Ch . Sheet 13
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DETAIL NO.2
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SCILL[ OF F[ET
TARHEEL INVESTMENT CO.
MEANDER 1334
332-3 N 36'OO'W -50'
2-22 MEANDER E ROAD
2-21 MEANDER f ROAD
2-26 MEANDER ! ROAD
2-2a-a. 36.00. W -78'
2-19
FBA! 370 JOHN B. HALL (EASEMENT)
XFBR 39 H. E. DICKEY ET UX
XFBR 42 ARNOLD STILES ET UX
XFBR 49 TOWN OF MURPHY, N. C.
XFBR 50 8 W. WHITFIELD ET UX
XF8R 51 HAYES DOCKERY i J. DOYLE BURCH
XFBR 53 CHEROKEE COUNTY DEVELOPMENT CORP. _
XFBR 63H WILLIAM J. WELLS (EASEMENT)
360-3A. s4s••w-166
360-3 S46'OYE•46d
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XTFBR -1 TRANSFERRED TO U. S. DEPT. OF AGRICULTURE (NATIONAL FOREST SERVICE)
XTFBR-6 TRANSFERRED TO TOWN OF MURPHY, N. C.
XTFBR-19RE EASEMENT GRANTED TO TOWN OF MURPHY AND CHEROKEE COUNTY. N. CAROLINA
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Site for Sewage Treatment 1,1ant© LEORACOFIELO
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CHEROKEE COUNTY, NORTH CAROLINA
SHEET
HIWASSEE 13
RESERVATION D
HIWASSEE RESERVOIR
TENNESSEE VALLEY AUTHORITY
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DEPARTMENT OF THE ARMY ta;
Wilmington District, Corps of Engineers ?r
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199100767 January 17, 1991//
PUBLIC NOTICE
THE TOWN OF MURPHY, represented by MAYOR CLOE MOORE, Post Office Box 130,
Murphy, North Carolina 28906 has applied for a Department of the Army permit
TO DISCHARGE FILL MATERIAL INTO HIWASSEE LAKE TO UPGRADE AN EXISTING ROAD
ACCESSING THE TOWN OF MURPHY WASTEWATER TREATMENT PLANT, 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 discharge of
approximately 970 cubic yards of earthen fill, gravel, and riprap below the
full pool elevation (elevation 1524.5) opposite Hiwassee River mile 95.5R to
upgrade and elevate Payne Street. Fourteen hundred linear feet of existing
roadway are to be improved. The existing roadway was inundated for 3 months
during the summer of 1989, requiring plant employees to use boats to access
the wastewater treatment plant. The roadway is to be raised to elevation 1528
to allow unobstructed vehicular access to the plant. Plans showing the work
are included with this public notice.
Should the permit be issued, the Tennessee Valley Authority (TVA) 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 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, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
7
_2_
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
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 serve as application to the DEM for certification.
i
-3-
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after February 11, 1991.
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 February 4, 1991, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above,
will be received in this office, Attention: David Baker, until 4:15 p.m.,
March 18, 1991, or telephone [phone].
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MEANDER 1534
FBI* 370 JOHN B. HALL (EASEMENT)
XFBR 39 H. E. DICKEY ET UX
XFBR 42 ARNOLD STILES ET UX
XFBR 49 TOWN OF MURPHY, N. C.
XFBR 50 8 W. WHITFIELD ET UX
XF8R 51 HAYES DOCKERY 6 J. DOYLE BURCH
XFBR 53 CHEROKEE COUNTY DEVELOPMENT CORP. ,
XFBR 65H WILLIAM J WELLS (EASEMENT) j
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XTFBR - i TRANSFERRED TO U. S. DEPT. OF AGRICULTURE (NATIONAL FOREST SERVICE )
XTFBR-6 TRANSFERRED TO TOWN OF MURPHY, N. C.
XTFBR-19RE EASEMENT GRANTED TO TOWN OF MURPHY AND CHEROKEE COUNTY, N. CAROLINA
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CHEROKEE COUNTY, NORTH CAROLINA
SHEET
HIWASSEE 13
RESERVATION
HIWASSEE RESERVOIR
TENNESSEE VALLEY AUTHORITY
MAPS AND SURVEYS BRANCH
1000 0 FEET 10e0 2000
O OI MILES OA O.S
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