19910211 Ver 1_COMPLETE FILE_19910202

C K+ STAtE?
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 November 4 , 1991 Director
Mr. Randy Shook,
Star Route, Box 268
Topton, :North Carolina' 28781
-+ Dear Mr Shook-
Subject: ertificati.on Pursuant to Section 401 of the Federal
Clean Water Act,
''After-the-fact Otter Creek Trout Rearing Operation
Project,#.DEM # 911624, COE# 199102043
Macon County
?• r
Attached hereto is a copy of Certification No. 2634 issued
to lir. Randy Shook dated November 4j 1991.
T,;f we can be of further assistance, do not hesitate to
co t us.
-? ?sincerely,
•Y
Ge rge T Everet
ttad nts
Ccc ington District. Corps of Engineers
{s of Engineers Asheville Regional Office
' eville`DEMRegional office
John Dorney
DJohn Parker
tral Files
REGIONAL OFFICES
Asheville Mooresville Raleigh. Washington Wilmington Winston-Salem
704/251-62 704/663-1699 919/733-23.14,, 919/946-6481`919/39,5-3900 919/896-7007
Pollution I t?o,entioh Pays
ox. 29535, Raleigh; North Carolina 27626-0535 Telephone--90-73317015
An Equal Opportunity Affirmative Action Employer
4 .
NORTH CAROLINA
Macon County
4V
CERTIFICATION
THIS CERTIFICATION is issued
of Section 401 Public Laws 92-500
and subject to the North Carolina
Management Regulations in 15 NCAC
Shook pursuant to an application
1991 to approve an after-the-fact
rearing generation.
in conformity with the requirements
and 95-217 of the United States
Division of Environmental
2H, Section .0500 to Randy
Eiled on the 29th day of August
fill for Otter Creek trout
The Application provides adequate assurance that the
discharge of, fill material into the waters of. Otter Creek in
conjunction.with thereafter the fact Otter Creek Trout Rearing
operation in Macon 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 willnot 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).
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 4 day of November; 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Peo ge T. Everett, D rector
t
?, f^
?E
State of North Carolina
Department of Environment, Health, and Natural R
512 North Salisbury Street • Raleigh, North Carolina 27611 `
James G. Martin, Governor William
November 13, 1991
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
., ??,,, 4 Sao
?obeyR?r•, Sec'
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID.
199102043 dated August 22, 1991 which describes project activity carried out
by Mr. Randy Shook of Topton. The project, involving wetland and stream
channel fill to facilitate a trout rearing operation, is located in Otter
Creek, near Briartown in Macon County.
Based on a coordinated agency review, including late comments.received on
November 8, the state will interpose no objection to permitting of the
after-the-fact permit provided the recommendations of the Wildlife Resources
Commission, which were copied to your. Asheville office in late September, are
made a part of such permit. For the record, these recommendations are
provided below:
1) The applicant should construct a -fishway on his dam/intake
structure so that fish passage past the dam is possible.
2) The fishway should be either a pool-and-weir or a vertical
slot type fishway.
.3) Solid baffles (pool-weir type) should not be over 1 foot
higher than the water level in the pool below the baffle.
4) Measures should be taken in the design and construction of
the fishway to establish attracting flows through the fish-
way and at the entrance of the fishway.
51 All material removed from the ponds and settling boxes should
be rvin6ved to high ground and not placed in the creek or on
the banks of the creek.
a
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
1x? A- . C_..-I fl____...: _:... A is; ....:.,e A.-.:.... C.....I....n.
Dr. G. Wayne Wright
P 2 •
November 13, 1991
6) Residual flow in the stream below the intake must be of
sufficient magnitude to prevent destruction or serious
diminution of downstream fishery habitat. Under no con-
ditions may the entire flow of a watercourse be diverted
to supply a fish propagation facility.
For the record, on November 4, 1991 the Division of Environmental
Management issued Section 401 Water Quality Certification No. 2634 for the
work to date.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
Jo R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Environmental Managementy
xsv
Star Route, Box 268
'. ,,. Topton, NC 28781
Dear Mr. Wright:
Re: Action ID #199102043, Mitigating Measur
The concrete dam and intake system were co
as to supply an adequate amount of water t
also the most practical area since it
environmental impact.
t Farm.
in Je sent location so
`£h?.trq' farm. This was
the least amount of
Dredging was unnecessary during the initial consTVld?bn of the project since
the creek was sand bagged through an already existing high water channel to
prevent any concrete from entering the stream. The diversion berm was created
when the water flow was turned over the concrete dam to prevent the least
amount of disturbance possible in the stream and to prevent the creek from
changing channels and cutting off the water flow to the trout farm during the
spring flood season.
If the site had been selected in any other area, the environmental impact would
have been much greater. It would have required channeling the creek during
construction and wetland loss would have been much greater.
It was impossible to construct the dam without some effect on wetlands. I
planned the project to have the least amount of impact on the wetlands and
other resources. The berm material was placed on top of an already existing,
small, rocky ridge between the creek channel and the high water channel.
Wetland grasses were not growing in this area.
Plans have been made to mitigate the wetland area by planting wetland grasses
in the old* high water channel. Since the water is seeping through the
diversion berm, this would make a very good strip of wetland. The approximate
size is 8' X 60'.
Sincerely,
r
Rand T. Shook
Otter Creek Trout Farm.

\ State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G ..Markin, Governor Ann B. Orr
William` Cobe'y, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT

WATER QUALITY SECTION
4 September 1.8, 1991
MEMORANDUM

C11-J '!
TO: Jotin Dorney
1661 4 o
Spagdal Projects Group
.:= THROUGH: Forrest R.'-Westall ZI9L
C
' a Water4,0uality Regional Supervisor
?t.ROM: AndersonKnician
Hnv ronmenta1 SUBJECT: Ac ,ion ID 199102043
;?Ra dy Shook Otter Creek Trout Rearing Operation
q., t?M on County
This ins a request for an after-the-fact permit for constructing a dam
an4 rechanneling portions of Otter Creek in Macon County near Topton.
Since the work;-iaas done.in 1990, and the site is stabilized, trying to
return the..sitie to its original configur..nti.on would cause additional
str s on the,'stream. The work appears to have been accomplished
with9ut. causing an environmental disaster. Issuance of the Water
Quality Certification is recommended.
If achdalt o5ha-l comment is needed, please let: me know.
r
V
a:
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
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 5, 1991
IN Htk-LY Mt1-th IU
Regdlatory.Branch
S: November 4, 1991
Action,ID. 199102043
a?y3
Mr. John Dorney
Water Quality Section
Division of Environmental Management m
North Carolina Department of Environment,
Health and Natural Resources W W c o?
Post Office Box :2:76.87 N1 OG Q P.
Raleigh, North Carolina 27611-7687 tel..
Dear Mr. Dorney: SrjEZ L
Enclosed is the application of Mr. Randy Shook for an after-the-fact
Department of the Army (DA) permit and a State Water Quality Certification
authorize th Aacement of excavated/fill material in the waters/wetlands
oaf Otter Creek for installation of a concrete dam/intake structure, a
concrete distribution box, three earthen raceways and a concrete settling
basin associated with a trout rearing facility, near Briartown, Macon
Countye North Carolina. Your receipt of this letter verifies your
. adceptlance of j valid request for certification in accordance with Section
325.2(b7).(ii) of our administrative regulations.
' We are - considering authorizing the proposed activity pursuant to Section
4Q4 pf the clean Water Act, and we have determined that a water quality
certifibatiori may be required under the provisions of Section 401 of the
same lava.;. A DA permit will not be granted until the certification has been
obtlined•or waived.
In accordance with our administrative regulations, 60 days after receipt
of ;a re st'for certification is a reasonable time for State action.
Th?refo you have not acted on the request by November 4, 1991, the
Dis.trictt ngineer will deem that waiver has occurred.
Ques ions or comments may be addressed to Mr. David Baker, telephone
( 704•) 25 0856.
x
Sincerely,
r
i. ,
y e Wrig
hief• Regulatory Branch
C^
Enclosue;
• w'S Wit. -• '

%J r-W
09
/OAOZ/3 ;116
,
i"? LICATION FOR DEPARTMENT OF THE ARMY PERMITAPPROVAL NO 0710-0003
twnber 1992
30 $a
p
;+e-VWQ Ixt A103 CFR 325) .
;
for rm wrYtQ buuuoff m
scurcok pp atd g tla den and reviewing fM AppYemllorta b iaro« a more
to" ti iealopiealy ssneiM atom card taw up b 500 hays. SwW canerww mpfrdln0 this rtrre mw a any other arpeet W title colMetton of infartratlon.
or
fnelydnp suggesdons for nmuelng this hfrdtaft, to Ospearnant of D.Nnss. Wadtin9bn FisadWIVI rs SwvWs% M+Cbrar for Mtormslbrt Opsratlaa and Reporu,1215 Jefferson
n 1200
i
Hi
hwa
(
me
?
y.
s
g
Dav
Corps Engineers, Am-
of ihaiss addraoNs. Send your cc ipMb'form tm Department of DMmss, U.S. Mny
NOTRETUFNIyoururoorraplsnd CECW.OR, 20 Mass.
. (form toiiMw
.
Ave., N.W. Washingbn, DC 20014.IWM
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 Stabs, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. lnbrmabon provided on thin form will be used in evaluating the appiration for a permit. Information in this application is made a matter of
public record through issuapos 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 instnucoons) 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 retunhed _ -- --
1. APPUCAT(ON NUMBER (ro be assoned by fps) 3. NAME. ADDRESS, AND TITLE OF AUTHORIZED AGENT
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT A/C ( ) (Residence)
Randy-;.Shook A/C ( ) (Office)
Star ioute, Box 268
- -
th
i
e. '
i
d
28781 -
C
Topto#
R gnate an
au
or
z
Statement of Authorization: 1 hereby des
.
,
. to act in my
Talephone no. during business I+ous behalf as my agent in the processing of this permit application and to
lumish, upon request. supplernentd information in support of the application:
AC(704) 321-5747 - (Residence) SIGNATURE OF APPLICANT DATE
Arc (704) X79.` X31 (Office)
4. DETAILED OESCRIP`nON OF PROPOSED ACTMiY
4a ACTIVITY
Construct a 2216" x 4111" concrete wall across stream with a 121_a 31611 intake box.
Escavate 6",x 601 x 121 from creek to, create a diversion berm.
4b. PURPOSE
Commercial Trout Farm with concrete distribution box and three earthera raceways with
sediment box', Work was completed 9/90.

4c. DISCHARGE OF DREbGED _ R FILL MATERIAL.
Removed 20 CY of.creek stone and fines from creek bed and placed in diversion berm
.foot.iong 6;to 8 foot wide. Approximately 60 linear foot of creek
approximately 60
.
channel downstream of the dam and adjacent to the two-lower raceways were narrowed
by placing 20 CY of waste material mostly large boulders.
ENG FORM 4345, Jan $y' EDrrtoN OF APH 80 .s cmxxtrE. trroponent: C hL;W-oN)
•

5 WA1AE8 AND ADDRESSES OF ADJOINING PROPERTY OWNERS. LESSEES. ETC.. WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
Ed C John Ibach
St1w, Route, Box 25.1..... 12362 Mandarin Rd.
Topton,.N.C.`28781 ,''acksonA11e, FLA. 32223 _
6. WATERSODY AND LOCATION ON WATERSODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Otter Creek off S.R. 1365 near Briartown in Macon County
7.- LOCATION ON LAND WHERE ACTMTY EXISTS OR IS PROPOSED
ADDRESS. Ready Shook
Star Route, Box 268
Topton, N.C. 28781
STREET. ROAD. ROUTE OR OTHER DESCRIPTIVE LOCATION
M r+on N. C . 28781
COUNTY STATE ZIP CODE
-- LOCAL GOVERNING "PlIDYWITHJURISDICTIONOVERSITE
_ .. _ :. .
8. Is arty portion of the activity for which authorisation is sought now complete? 10 YES ?; NO t
If answer is 'yes' give reasons, month act' 'fy ted. the etdsti dra
~I: was not aware On a t?ac ?'i RmT neeee4a peRcV T Rm department of Army Corp of
?.:E?igineers to do -work -iii creek. I -_do want to be in compliance with section..404 of the
clean water
Project was completed in September 1990
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
10- Application is hereby made for a permit or permits to authorize the activities described herein. 1 certify that 1 am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is tru% complete, and accurate. 1 further certify that 1 possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
4SIGTU APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed acuity (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 or 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 No years, or botm
tlt"em or, em FORM 1816) ' -
i1??1\\\\\Villl ll! (( n`1?"111 SY),
i
SM I`?1?)1111 °a\\111??
0
:r

) ) Ik\-
1 ?`•\ ?? >? ( ??? ` \ ? r ? ??\ l is `,
? ? ? ) "" 1 ?I' ? i' ill. ?< i •I
? IPcN' • ?? 1 ''•
_ \ v
vL

r?
'7

i

;tat
1

1

20,
H

c
TO

9t'
o'
? Plaecc? zo e % of
__. ?Q?G ?Q a'?rtd
i? - ... •. „tea-r ??- _
i` ?? .?. ^_.-_..,ri ?'1?s a*?4. .

H

J
pf?

Sc?Fa?l' 2 0?' ¢
Otta>z Gnes - `'
5 Re6••? .24"0.4. vext - "
1 M
° .70GD PSI C..re ••fa ?8 r?i?.(t.._ / $.?/
SCtc3/Y
3'-s ,i
•- ? 1-- - ' •

\ ?\ _?.iuC ?I' T'oe?v?
17
• i. !
• I ..t\I 12Nd.. ?a ? D4dl, \\,
JS' arc (,sae t ?S
R.?..17 SG,av? ?'? 37-1- 6717
SST 3 Off' ?
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
William W. Cobey, Jr., Secretary
August 27, 1991
MMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
Roger N. Schecter
Director
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. 199102043
dated August 22, 1991 describing a project proposed by Mr. Randy Shook 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 September 20, 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., up?p is the roject 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 Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
oil Wilmington District, Corps of Engineers
`. Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID 199102043 August 22, 1991
PUBLIC NOTICE
MR. RANDY SHOOK, Star Route, Box 268, Topton, North Carolina 28781, has
applied for an after-the-fact Department of the Army (DA) permit TO AUTHORIZE
TIJE PLACEMENT OF EXCAVATED/FILL MATERIAL IN THE WATERS/WETLANDS OF OTTER CREEK
P INSTALLATION OF A CONCRETE DAM/INTAKE STRUCTURE, A CONCRETE DISTRIBUTION
B034 THREE EARTHEN RACEWAYS AND A CONCRETE SETTLING BASIN ASSOCIATED WITH A
TROUT REARING FACILITY, NEAR BRIARTOWN, Macon County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which,.a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The,following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed construction of an approximate 75-foot-long,
6 to 8-foot wide, earth and rock, diversionary berm-within the cheek channel
to narrow water flow into an 18-foot-wide concrete dam/intake structure.
Approximately 60 linear feet of creek channel, downstream of the dam and
adjacent-.:to two lower raceways, has been narrowed by 4 to 5 feet. The purpose
of the work, which was completed in 1990, was to establisha commercial trout
farm. F{`l,ans showing the completed work are included with this public notice.
The,-State of.North Carolina will review this public notice to determine
I 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.
s?.
.... .. :.
-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, 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 iflso 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 importantjresources. 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 ExecutiveOrder
11988), land use, navigation, shore erosion and accretion, recreatiion, 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 bysuch permit
would not comply with the Environmental Protection Agencies'.404(b)(1)
guidelines. Subject to the preceding sentence a?}d any other applicable
guidelines or criteria, a permit will be grantedlunless the District Engineer
determines that it would be contrary to the public interest.
Ii
The Corps ofEngineers is soliciting'commentd 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 conside ed 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
I
I
-3-
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 DA permit will not be made
until the DEM (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, DEM,
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 September 13, 1991.
All persons desiring to make comments regarding the application for
Clean Water Act certification should do so in writing delivered to the DEM,
Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before
September 9, 1991, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
September 23, 1991, or telephone [phone].
Y

0
0

ME

, -- NNN,
OX fC
y+..r
v'�"�4�F •i J ..� �9.'i � y i4 �T`.
'd�R'� � �'.�5» rt e -s -F•, � r �4z,e1g 2 -i��* ts'e �+ t 3Y .+,J�
� w
3
is%1}.' � R';:, :rte• ::d s.� ,.,
�"�• sc 4" 9 �{ '� a:iz sr J, J�}s ti�� ,,ifs sq+Ks �,� ;� �:'� s
J _Y £ n 1
xN
r
- fa'
t •r' 7 } t/s d�N t� �� x ig
�pvC�v� Ja---A�Yrii�/Cx ,i x1 xu7 4'Pti 'lti
r]
t f M i N
F
`7r
°jt
� }`:r `��Y" � �a �� �` �']d�-�� NQ 5��� " �C't1 .� � � r�4'1 Ku-�h Y a �+:� n.c. ctik J -•r'-3 �'S� w y�'� +r -Y
I1t! � i � � t •�,� r rr,t Jt aE.fl 4 `' _ ��` ce ! n' , � s �14W
Placc`�-O `��grt
ti
CO,voys. G X R k" a*te
•
{
f
Cd _,
^ t 1 J-/l�d�GOX
Re114 pfP - Cr�c
Scan. 44 so
�'�e r 1. r /rA✓� /`.�+ri'? #
SAL'�
ar e c ax 26�f
-.2 878/:

Due
/ APP Y
IA B.4a
/)th?2 lnr_e1C ?. 1 ?

fJTlm-n Gitcc/ fi?. /y.?.s ??lyt

7 L-6 J6
I i -Co(lyd'iu?
Lam- . ?--5
?? _is"PVc P"PF

r
-Si- '4C o?
LJ
... � 'r ..
i
-� ,::_�.
.�
�� .
'a:,.
i ,��-:.
i .�",
,�
i
���
I

s.
Ak
DEPARTMENT OF THE ARMY Au?1gg1
JvLID
Wilmington District, Corps of Engineers A_!?Y
Post Office Box 1890 g?anch
Wilmington, North Carolina 28402-1890 c
kas?'
Action ID. 199102043 August 22, 1991
PUBLIC NOTICE
MR. RANDY SHOOK, Star Route, Box 268, Topton, North Carolina 28781, has
applied for an after-the-fact Department of the Army (DA) permit TO AUTHORIZE
THE' PLACEMENT OF EXCAVATED/FILL MATERIAL IN THE WATERS/WETLANDS OF OTTER CREEK
FOR INSTALLATION OF A CONCRETE DAM/INTAKE STRUCTURE, A CONCRETE DISTRIBUTION
BOX, THREE EARTHEN RACEWAYS AND A CONCRETE SETTLING BASIN ASSOCIATED WITH A
TROUT REARING FACILITY, NEAR BRIARTOWN, Macon County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors liste& above on
which a final, decision will be based. Legal action has been suspended pending
the;.outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed construction of an approximate 75-foot-long,
6 to 87rfoot wide, earth and rock, diversionary berm within the cheek channel
to.narro?i water flow into an 18-foot-wide concrete dam/intake structure.
Approximately 6Q" near feet of creek channel, downstream of the dam and
adjacent, to tw ower raceways, has been narrowed by 4 to 5 feet. The purpose
of the work, which was completed in 1990, was to establish a commercial trout
farm.'. Plans; showing the co4leted work are included with this public notice.
Th# 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 oe issu until the coordinated State viewpoint on the proposal
has beerr received and reviewed by this agency, nor will a DA permit be issued
until tie-North Carolina Division of Environmental Management (bEM) has
determi.Aed the applicability of a Water Quality Certificate as required by
PL 92 0.
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.

4

Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director N4,25
KENORANDUM SEP 1991 °j
TO: John R. Parker, Jr., Chief RECEIVED
ti
Major Permits Processing section WATER QUALITY` c?>
Planning Branch
FROM: Dennis Stewart, Manager
Habitat Conservation Section ?_ !0 6
DATE: September 20, 1991
':ISUBJECT: U.S. Army, Corps of Engineers Public Notice No. 2043.
Request by Mr. Randy Shook for an after-the-fact permit
to retain fill material in the waters of Otter Creek in
association with establishing a trout rearing facility,
State Road 1365, Briartown Community, Macon County.
The. No tai Carolina wildlife Resources Commission (NCWRC) has
reviewe1l t ic notice, and {professional biologists on "our
staff are fa liar with habitat values of the project area. A
sit investigation wa%.conducted on September 12, 1991 for the
purwose;of further ass Ong construction impacts on wildlife and
fishepies,resources. `'-hesellcomments are provided in accordance
with provi ions of th.9 mean Water Act of 1977 (33 U.S.C. .466 et
seq.), and the Fis n"d"Wildlife Coordination Act (48 Stat. 401,
as. amended, l6 U. S. 661 et seg.).
;
The applicant, Randy Shook, has requested authorization to
.retain. stream or modifications and fill in-the ,waters of
Ott e'el f:or the purpose of operating a trout rearing
fac, y. ..Construction has included an approximate 75-foot long
by 6 a oot wide .earth and rock diversionary berm :within the
creek channel .to narrow water flow into an 18-foot-wide concrete
dam/intake.structure. Approximately 60 linear'.feet-:of creek
channel downstream of the dam and adjacent to two lower raceways
has been narrowed by 4 to feet.
'Otter Creek (LTN 1-1-2) is not Designated Public Mountain
Trout Water; however, it 2-oeis have a wild rainbow trout
population and may support brook trout. No federal or state
listed threatened or endangered species are known to be present'.'
Bankfull width of Otter Cre k is approximately 10-12 feet,'and
the stream had a width"of, feet at the time of :the site visit.
The stream is being degra by sedimentation from a gravel road

Memo Page 2 September 20, 199
t arallels the stream and from land disturbing activities in
ta teished. The stream substrate is primarily composed -,of ".
cobble. This project has reduced the stream width above tYe:' „'
dam/intake and below the structure. While we have' no
quantitative data, we believe that significant sedimentation of
the stream also may have occurred as a result of this project. `K
The applicant has done an excellent job of stabilizing the areal
and has planted hemlock trees to provide shade for the stream,
our primary concern at:this point is that the dam/intake:
structure is a barrier to fish migration upstream. We are als
concerned that the applicant is removing sediment and waste
material from the raceways and dumping it in the creek. The
NCWRC is concerned over the extensive modifications made.toth
stream by the applicant; however,-because the site has become'
stabilized and corrective measures addressing the stream
alterations may cause further sedimentation of the creek, we do
not recommend removing this fill. We will not object to the
issuance of the after-the-fact permit, provided the following
conditions are met by the applicant:
1) The applicant should construct a fishway on his
dam/intake structure so that fish passage past the d m
is possible.
2) The fishway should be either a pool-and-weir; type of a
vertical slot type fishway.
x,3} Solid baffles (pool-weir type) should'n rover
foot higher than the water level in th below: he
baffle.: x
4} Aeasufes should be taken i .. esign and coh'strud lon
of the fishway to establish at .v ting flows?,throug
the fishway and at the entranA the „ fishway.. t
? L"
5) All material removed from the pon fad staling bo es
should be removed to high ground and ;not placedrln e.'
creek or on the banks`of the creek.
6) Residual f low i.n the stream below ' the intacdmu`st"! of
sufficient magnitude to prevent destrjuction or us s
diminution of downstream fishery habitat . =Under --no
conditions may the entire flow of a watercourse be _
'diverted to supply a fish propagation facility.
Thank you for the opportunity to 'eview and comment on,thsa
project. If we can be of further assay{ eance, please advisee,
DLS/ lp
ccMr.;, Micky Clemmons, D-9 Fisheries Biologist
Ms. Stephanie Goudreau, Mt. Region Habitat Biologist .
f&i
Mr. Robert Johnson, USACOE, As 'll.e
Mr. Allen Ratzlaff, USFWS, Ashe.; ez
r/Mr. John Dorney,__DEM