19910073 Ver 1_COMPLETE FILE_19910202

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
December 10, 1991
Regional Offices
Asheville
704/251-6208 Mr. Burgess G. Patton
Fayetteville 4375 Hidden Court
919/486-1541 College Park, North Carolina 30349
Mooresville
704/663-1699 Dear Mr. Patton:
Raleigh Subject: Certification Pursuant to Section 401 of the Federal
9191733-2314 Clean Water Act,
Washington Proposed excavation of an access channel. and filling of
919/946-6481 an abandoned mine hole
Wilmington Project # 91786, COE# 199200176
919/395-3900 Clay County
Winston-Salem
919/896-7007 Attached hereto is a copy of Certification No. 2652 issued
to Burgess Patton dated December 10, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
-,eo-ge T. Everett
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 29535, Raleigh, North Carolina 276264)535 Idephone 919-733-7015 / Pollution Prevention Pays
An L IM] Oplx MUnity Altinnin- Action L.mplowr
° NORTH CAROLINA
Clay County
CERTIFICATION
THIS CERTIFICATION is issued
of Section 401 Public Laws 92-500
and subject to the North Carolina
Management Regulations in 15 NCAC
Patton pursuant to an application
1991 to excavate an access channe
an abandoned mine hole.
in conformity with the requirements
and 95-217 of the United States
Division of Environmental
2H, Section .0500 to Burgess
filed on the 4 day of November
L to an existing dock and fill
The Application provides adequate assurance that the
discharge of fill material into the waters of Chatague Lake
in conjunction with the proposed channel and mine hole fill in
Clay 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 25 NTU's or less
are not considered significant).
2. Fill areas shall be stabilized as soon as possible after
construction to reduce turbidity problems.
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 10 day of December, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
?or a T. Everett, Direc or
WQC# 2652
'J

This office objects to the project as proposed.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
November 4, 1991
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200176
dated October 31, 1991 describing a project proposed by Mu[rge_ss G. Patton 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 November 29, 1991. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.

REPLY This office steps the project proposal.(
No comment.
Comments on this project are attached.
Signed

STA7t o
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A., F-ul C),_-;- AKi-tive Artinn Fmnlnvrr
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State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
December 4, 1991
MEMORANDUM
TO: John Dorney ?Q
/'?
THROUGH: Forrest R. Westal?
Regional Water Quality Supervisor
FROM: Kerry S. Becker x$-,;&
Environmental Technician
SUBJECT: Action I.D. 199200176
Burgess G. Patton
Clay County
s
Ann B. Orr
Regional Manager

The site located on Lake Chatuge proposed for dredging and filling as
requested by Mr. Burgess S. Patton was inspected on December 3, 1992.
The slope of the grounds is approximately 25% until about 20 yards from
the water's edge. At this point the ground becomes nearly flat and is
nearly level with the lake's current water level. This portion of the
shore becomes inundated with lake water when the lake is full resulting
in a shallow water cove. No wetlands are involved with this project.
Issuance of water quality certification for this project is
recommended conditional upon the installation of silt fences and other
erosion control measures prior to excavation in the channel and
stabilization of the filled areas as soon as possible with vegetation
and/or hay or wood mulch until permanent ground cover can develop to
prevent exceeding the stream standard of 25 NTU.
If there are any further questions, please give me a call.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
(oft. •. ° --.
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512 N. Salisbury Street, Raleigh, North Carolina 27604-1 , 91C-74131
Charles R. Fullwood, Executive Direct
C-D C? e
MEMORANDUM
P
TO: John R. Parker, 404 Coordinator
Division of Coastal Management 1919 -9
FROM: Dennis Stewart, Manager
Habitat Conservation Section Az6w?
DATE: November 18, 1991
P
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 0176.
Request for a permit by Mr. Burgess G. Patton to
discharge fill material into Chatuge Reservoir opposite
Hiwassee River Mile 121.OR, in conjunction with
excavation of an access channel to his existing docking
facilities and the filling of an abandoned mine hole
below full pool elevation near Hayesville, Clay County.
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and biological field staff conducted a site visit on
November 6, 1991. These comments are-provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d.).
The applicant is requesting a permit to excavate 400 cubic
yards of material from a 100-foot long by 54-foot wide access
channel. The channel is to have a 30-foot bottom width with 3:1
sideslopes. Excavation will be accomplished by bulldozer when
lake levels are drawn down (in the dry). In addition, 40 cubic--
yards of the excavated material will be deposited within an
irregular shaped abandoned mine hole to eliminate a health and
safety problem. The remainder of the excavated material will be
disposed of above the full pool elevation of Chatuge Reservoir.
Chatuge Reservoir (HIW 1-45) is an impoundment of the
Hiwassee River and provides fishing for bass, sunfish, and
crappie. At the time of the site visit, the reservoir level was
low and water did not reach to Mr. Patton's dock. Substrate in
this area consists mostly of heavy clay and silt. The abandoned -
mine hole was also exposed by the low water level in the
reservoir.
Carolina Wildlife Resources
Memo Page 2 November 18, 1991
vw*w ++0
The proposed project should have minimal impact on the
fisheries resources of Chatuge Reservoir, provided work is
performed in the dry and adequate erosion and sedimentation
measures are installed and maintained throughout the life of the
project. The NCWRC does not object to the issuance of the
permit, provided the following recommendations are followed by
the applicant to minimize sedimentation` into the reservoir and to
stabilize the project site while reservoir levels are low:
1) Stringent erosion control measures should be implemented
where soil is disturbed and maintained until project
completion.
2) Temporary ground cover should be placed on bare surfaces,
including spoil piles, as soon as construction is complete.
Permanent vegetation in these same areas must be established
within 15 days of project completion to provide long term
erosion control.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance, please advise.
DLS/lp
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist
Mr. Joffrey Brooks, District 9 Wildlife Biologist
Mr. Allen Ratzlaff, USFWS, Asheville
4r. John Dorney, DEM
? ?. SrArf 4,
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street 0 Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
November 4, 1991
Noll 199
MEMORANDUM t` R it 1
;
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr. -
Inland "404" Coordinator
SUBJECT: "404" Project Review
Roger N. Schecter
Director
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200176
dated October 31, 1991 describing a project proposed by Burgess G. Patton 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 November 29, 1991. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An EOual Oooortunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199200176
October 31, 1991
PUBLIC NOTICE
BURGESS G. PATTON, 4375 HIDDEN COURT, COLLEGE PARK, GEORGIA 30349 has
applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL
INTO CHATUGE RESERVOIR, IN SHOOTING CREEK OPPOSITE HIWASSEE RIVER MILE 121.OR,
IN CONJUNCTION WITH EXCAVATION OF AN ACCESS CHANNEL TO HIS EXISTING DOCKING
FACILITIES AND THE FILLING OF AN ABANDONED MINE HOLE BELOW FULL POOL ELEVATION
NEAR Hayesville, Clay 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 representatives
of...the.Corps of Engineers. Plans submitted with the application show the
excavation of approximately 400 cubic yards of material from a 100-foot-long
by 54-foot-wide access channel. The channel is to have a 30-foot-bottom width
with 3:1 sideslopes. Excavation is to be accomplished by bulldozer when lake
levels are drawn down (in the dry). In addition, approximately 40 cubic yards
of the excavated material will be deposited within an irregular shaped
abandoned minehole to eliminate a health and safety problem. The remainder of
the excavated material will be disposed of above the full pool elevation of
Chatuge Reservoir. The access channel is to be deepened to allow swimming and
boating access during drawdown periods. 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 DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
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

-2-
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, 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.
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.
I < •
-2-
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, 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.
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.
-3-
Generally, the decision whether to issue this DA permit will not be made
until the 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 DA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 22, 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 November 18, 1991, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
November 29, 1991, 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
Action ID. 199200176
PUBLIC NOTICE
O
C. DEPT. W' 1j :F r
pOMMUN,1-1 ?v - MEA
NOV 1 4 991
YIYIJION Of iii ?i• 7-.?•?. '?GRI
NDORES"d Lf RELUAL Offa
31, 1991
October
BURGESS G. PATTON, 4375 HIDDEN COURT, COLLEGE PARK, GEORGIA 30349 has
applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL
INTO CHATUGE RESERVOIR, IN SHOOTING CREEK OPPOSITE HIWASSEE RIVER MILE 121.OR,
-IN-CONJUNCTION WITH EXCAVATION OF AN ACCESS CHANNEL TO HIS EXISTING DOCKING
FACILITIES AND THE FILLING OF AN ABANDONED MINE HOLE BELOW FULL POOL ELEVATION
NEAR Hayesville, Clay Count orth Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by representatives
,of_-the..Corps of Engineers. Plans submitted with the application show the
excavation of approximately 400 cubic yards of material from a 100-foot-long
by 54-foot-wide access channel. The channel is to have a 30-foot-bottom width
with 3:1 sideslopes. Excavation is to be accomplished by bulldozer when lake
levels are drawn down (in the dry). In addition, approximately 40 cubic yards
of the excavated material will be deposited within an irregular shaped
abandoned minehole to eliminate a health and safety problem. The remainder of
the excavated material will be disposed of above the full pool elevation of
Chatuge Reservoir. The access channel is to be deepened to allow swimming and
boating access during drawdown periods. 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 DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
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
7

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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.
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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.
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
lt-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.
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Generally, the decision whether to issue this DA permit will not be made
until the 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 DA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 22, 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 November 18, 1991, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
November 29, 1991, or telephone [phone].
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEEI
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 30, 1991
IN REPLY REFER TO S : Dec
Regulatory Branch
Action ID. 199200176
Mr. John Dorney
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. Dorney:
7
.Enclosed is the application of Burgess G. Patton, for Department of the
Army authorization and a State Water Quality Certification to discharge fill
material below the full pool elevation of Lake Chatuge in conjunction with the
excavation of an access channel and the elimination of an abandoned minehole
at his property near Hayesville, Clay 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 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 a reasonable time for State action.
Therefore, if you have not acted on the request by December 31, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to David Baker, telephone (704)
259-0856.
Sincerely,
M ne Wri t
hie , Regulatory Branch

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Enclosure
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State of North Caroli
Department of Environment, Health, f W,
512 North Salisbury Street • Raleigh, o'rt
James G. Martin, Governor
January 21,
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
h l r 07611
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Cobey, Jr., Secretary
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID.
199200176 dated October 31, 1991 which describes an excavation and fill
project proposed by Burgess G. Patton of College Park, Georgia. The project,
including the excavation of a 100 foot long access channel and the filling of
a "minehole" which is situated below full pool elevation, is located on
Chatuge Reservoir, near Hayesville in Clay County.
Based on a coordinated agency review, the state interposes no objection
to the proposed project provided certain environmental safeguards as proposed
by two key review agencies. are made a part of the COE. permit. These
recommendations and the agency submitting each follow:
Division of Environmental Management - issued the required Section
401 Water Quality Certification on December 10. Certification No.
2652 carries stabilization and turbidity requirements;
N. C. Wildlife Resources Commission - found the proposed project
should have a minimal impact on fisheries resources of the Reservoir
and recommended the following:
1) Stringent erosion control measures should be implemented
where soil is disturbed and maintained until project
completion.
2) Temporary ground cover should be placed on bare surfaces,
including spoil piles, as soon as construction is complete.
Permanent vegetation in these same areas must be established
within 15 days of project completion to provide long term
erosion control.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Dr. Wayne Wright
Page 2
January 21, 1992
Other responding agencies provided no specific recommendations. This
viewpoint position support the above stated recommendations.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the responding agencies.
Very sincerely,
V J?. Parker, 'J .
In?nd '404 Coordinator
JRP:jr/aw
cc: Division of Environmental Management
Wildlife Resources Commission
COE-Asheville