19920712 Ver 1_COMPLETE FILE_19920101

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor January 11, 1993 Jonathan B. Howes, Secretary
The French Broad River sand company
Claude M. Creasman
Post Office Box 1455
Asheville, North Carolina 28802
Dear Mr. Creasman:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging operation
Project # 92712, COE# 199300564
Buncombe County
Attached hereto is a copy of Certification No. 2802 issued
to French Broad River Sand Company dated January 11, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
eston'-116ward, J P. E.
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 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax #[phone]
An Equal Opportunity Affirmative Action Employer
.. AA i-
NORTH CAROLINA
Buncombe County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to-the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to French Broad River Sand Company pursuant to an application
filed on the 10 day of December 1992 to renovate and expand a
sand dredging operation off Amboy Road in Asheville.
The Application provides adequate assurance that the
discharge of fill material into the waters of French Broad River
in conjunction with the proposed sand dredging operation in
Buncombe County will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-
217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 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 11 day of January, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
1.,r?re ton Howard, Jr. P.
WQC# 2802
TO: I John Dorney
Planning Branch
SUBJECTS WETLAND STAFF REPORT A
***EACP ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS:
Reviewer:
WQ Supv
Date :/ 1
ERMIT_YR: 92 PERMIT _NO: 0000712 COUNTY: BUNCOMBE
APPLI ANT NAME: FRENCH BROAD RIVER SAND CORP.
PROJECT TYPE: DREDGING PERMIT-TYPE: IND
COE_#: 199300564 DOT #:
RCD FROM_CDA: COE DATE _FRM_CDA: 12/07/92
R'v_OFFICE: ARO RIVER-AND-SUB-BASIN-#:
STREAM_CLASS : Of- -U 3 - D Z
STR INDEX N0:
WL_IMPACT?: Y/N
WL_REQUESTED:
HYDRO_CNECT?: YIN
MITIGATION?: YIN
KITIGATION_SIZE: k,
COMMENTS:
WL_TYPE: AjW
WL_ACR_EST? : Yi(N )
WL_SCORE (#) : "
MITIGATION_TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y/?
RECOMMENDATION (Circle Ore) ISSU ISSUE/CO YD DE14Y

cc.

5CATF o
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 December 8, 1992 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
MEMORANDUM
To: Mr. Preston A. Howard, Jr., P.E.
Acting 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. 199300564
dated December 3, 1992 describing a proposed project by The French Broad River Sand
Corp. 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 January 4, 1993. 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.
Aco
REPLY V This office 9HVVeTtg-e project proposal.
?
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Si ned ?_ \t ?`?`-'?' Date ! I IUD
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P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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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 December 8, 1992 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
MEMORANDUM
To: W. Preston A. Howard, Jr., P.E.
Acting Director
Division of Enviromlental 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. 199300564
dated December 3, 1992 describing a proposed project by The French Broad River Sand
Corp. is being circulated to intecested state agencies for comments or-, 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 January 4, 1993. 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
PO. liox 27687, ILilcigh, North Carolina 2761/7687 Tclcphonc 91`6733-2293
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199300564 December 3, 1992
The FRENCH BROAD RIVER SAND CORPORATION, REPRESENTED BY CLAUDE M.
CREASMAN, POST OFFICE BOX 1455, ASHEVILLE, NORTH CAROLINA 28802 has applied
for a Department of the Army (DA) permit TO CONDUCT A COMMERCIAL SAND DREDGING
OPERATION ON THE FRENCH BROAD RIVER OFF AMBOY ROAD IN ASHEVILLE, Buncombe
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 a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show the renovation of existing dredging apparatus from a former
operation which has been abandoned for several years. Two steel cables,
suspended across the river, guide a one cubic yard bucket. The bucket will be
dragged across the river and then discharged into a sand screen for sorting
and washing. An existing 6-inch water intake will draw water from the river
to the screen, where it will then flow through a sediment basin before
returning to the river. The sand stockpile area will be adjacent to the road
on upland property. The applicant will remove an average of 2 feet of
sediment from the riverbed, totaling approximately 180 cubic yards per month.
The purpose of the work is to obtain sand for sale to the local market. 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.
Approval of this permit will give Federal authorization for dredging for a
period of time not to exceed 10 years from the date of permit issuance.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
-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, 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 U.S. Army Corps of Engineers (USACE) 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 USACE
to determine whether to issue, modify, condition or deny a permit for this

-3-
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 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 Department of
the Army 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 December 25, 1992.
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 December 21, 1992, 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.,
January 4, 1993, or telephone [phone].
NOV 24 192 12:33 COE-ASHEVILLE
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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 December 2, 1992
Regulatory Branch
Action ID. 199300564
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:

Enclosed is the application of the French Broad River Sand Corporation,
for Department of the Army authorization and a State Water Quality
Certification to conduct a commercial sand dredging operation on the French
Broad River in Asheville, Buncombe County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering 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, in most cases, 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, or asked for an
extension of time, by February 2, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
*/G . ne Wri t
Chie Regulatory Branch
Enclosure
S: February 2, 1993
N
-2-
Copy 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
Ra? NOV 24 192 16: 36 COE-ASHEVILLE= P. 2/5
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APPUCA'710N FOR DEPARTMENT OF THE AR-AY PEERMI'C OMB APPAOVAI, NO. 0702.00
I,110 11 3231 EJrpireo 30 June 1992
I2vWc reporting burden for Vvs. t: maatlon of rf OrMsUm is Mmated U) average 5 hours Inar respeinse stir 04 msgortV of C&SOS, w4ludvtq I" Ume lot rewew,r
;nSVucbon9, searthtrir) existnq Ca la Soureas, pathilunq and mauntalnmq tt.0 tlata romOld, lutcl imnipMu6) arid rew,ewinq Jib W&OCtion of inlOrmauon.
4ppli Auorts for Woof or iTvxe ,,:; rplex p?o)e¢is, or tMisa in Efr N0 )iteJfy sans)trve areas, wdl uke "; em. SenC comitwils togardinq ibis bur0en esbmale or
ottler aspect of tit's C.o4eI:Uon a' iformat?Sn, inckgSinq ,;,UJtpesuons lof rec'ueinp this !?urol'rl. ip WitSlvnO c,•n Heaoouaner.c Serv,ees. Oiracforafe for Inlolmauor
Operauons antl Repons. 1215 .Ji!nerson Davis Hqhwry, Suite 1204, ArfatglorL VA 222( !.4302; ant U) the Olica of iniormabdn antl Requlalory Atfa+rs, OK
al MarlaQeMOM antl BtAQBt Yi'ltrnrrtgton, DC 20503.
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'rne Deasinment of the Army ,)yrc7it pro gam is euMOraW by :5ecuon 10 of the Rivers a,iiti 1ywocrs ?kcl )f tawa, $ecua-i 404 of the Clean Water ACS attd
So=w% 103 of Vw Marine, Prptrei Iron, RetsearCh .hrlo ,darietwil',es AM. These laws reovot pormiLs ayitrr.w:taq acuv,ues in or aMMCLnq nav+gaofe waters of tr
Jnttetl $tasea. the tltSG:'tarpt! of ,7r sdged (Y fal rnbm" ut4:i walws I% the !ruled Staiea. arch Ins) transoolsuon al tlreogetl materraf for me purpose 01 OumpMS
into ocean waters. lnformavan (1r 7Noed )n VW form wdl txt 1,,: x1 ,n t+valr,idtriq the 4WiCa.Wk few a pehrIL IhfrNmaltOn in lMS appbWUon is maoe a manir c
public record ltvo.igh marts, cil a puck! notice, DiWICFivre of shit irllprinauon MQuesla: is vofwitar'r. I1.)wever, use oa6a requerotead are necessary in oroor t
;.ormunle;ate eras the ,3bp1ir_&'li 71114 to e%'aJuale use psrmrl aC;4C3;x)n. II naCS&Ary Infd111aU0n r;i nGt pr,7v,0etl. me perms apolrcabon cannot be Rroce said i
,-iari a parmn be 44ued,
One Set of OngwW drawimgs ar 51; Cd re;voouaie o0les whitli $Ww the IQW1rpn and t91'irix1er cI the trrOLOsad arArvny must be attached to this appliC.ation
'iee SarhlQle f7rawin!;:r and ;nsji victions f am be SuLirniflffid 10 trw 315114M enginew havatrj ivistlitt M C'ver tn!; tecation 01 the WOpOSad acinnry. An 8004C
Mat is not =nPWted ICI tug wily t):1 returnErd,
APPLICATION NLnA13?r1 I'd w 1 ;:sjpnld py Gorpt;J
A-hio.. xz J, il' ma-vas-
NA" AND ADGRISS OF AP01..:aNT
Metropolitan Sewerage r:, stricr- of Buiembel Count".,,
North Carol in:a
Post Office &yx 8969
Asheville, North Carolit'3 28814
Telephors no duhM bu2dne s wvrs
AC ( 1 Atteufsw-..s)
A4 ( 704 ) 101111,1
NAh• iE. ADOMESS, hy: TITL? OP At.'Tk0RIYLD AGIZW'r
Gary 'D. Davis, P.E., Project Manager
Mai::ill Assoc L res, ?.A.
38 Orange Sf:ra tit, Asheville, NC 28801
Tomr.!,onw nc Owing business howls
A,:: i (Nmoomal
A,;: { 7,04 (Olfw)
Stalenimtt al AwlhOridstlan I nsrept Oesp?tsts sno WttlWris
Lraw,ac..l}_.73mL_.._ f... to set in
bBRea ,::"+plMt in MA tfC1SiM,p OI shit psrrlwl Uml',mptipn and to
iwlrom 1,0twi, rKlwst. tall sal :n10rntslion 1A support of th,s ipoWlion.
SIGNA i „W OF IIATJ
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r. DETA LED CESCAIPTION OF .'Ri)PCSfi9 ACT1VM
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.e. ACfK4 , s• ?bar:a :.i :he w Qivez are to 1)e re ed Eno fol c ang xl: -
'Y Tw WV i - A track hoe ::tuaced : ,i the river wank. will :ransfw,,- sandbags t,:; men in t .e river. Thrsy will build a diversion
wall to force the r::: re! i s flow to one side of the r:,,ver bed.
2. A ramp will be I'-= the bar-& in the <'Eyatered river bed L:'rinc Class 11 riprap and -railroad ballast.
3. The small island wi' 1 -x reproved to tl a big island try using a f rlantetvi loader.
?,. The loader will ,trnl,: t,ie island matr.eri:aL tc the ramlf area where it will be loaded into a dui truck and be
hauled to Uie du,Tq)
5. The ramp material will be re=ved elaWletelh, and mtln will :re c?;,e s,-y hand x:11 o;i: the siindbag wall by placing the
bags into the track m_'.:hira bucket in rev?•rsle canner in whirl vie --4a were placed.
.1b.
the islands haw,: bei n crefa.,:,.:d ova's the t,ear;s due to vel.mity differe x-es its the strealm caused by priers supporting an
aerial gravity smler lisle:. The xaner of the :so:;ch side of the rive- has req,jesteyd retrcnral of the islands to
enhance the approach tc i'hi t Bilt)nore E:;tat:! and stop fui they enlargix,& of cht islands and stream 'width.
•C. 0140MAAdE Oa DREeDG1D r:,Gr "ILA MAf1EAtAL ....
the material will be rano,)l rd to .a site abcnm the 11cad ozy of the rive r - on B.ilt::mre :Cff;any property, or to an
approved duaip site m ned 1-,, the contractor.
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RM 4345, Aug !::9
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t.assrlcs. SM. Wwae 04:41WIrl A1.30 M4043 TMe WAnnw.r 7
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"}Ohs Oak Plaza 1120 W. 14 uahinBton Stv.st
`Asheville, North Carol rut i =3 GnierrAlla:• SC 29601
4. I-rAT7i PISMY ANO 6QCAM04 04 . 4ArgAaz WIrtROtf AC:TMTY 0=3 CA la 10400OSSCI _
SAuwanoat River
Subject activity to be oct1 ; Zile u?strssm of cotlt7.uems with FrQCU:h 9 :oed R::vQc
r. t.OCATSON ON t.ANO WIE$ AC,t11,.Tr! Davits CA t5 PA0P;SfZ
ACORfi '
Near intersecci:M of i4: erv &)ad and oac_,. Road or; the Bilcm:e Esuice
VAEIT. AD.' t5Fll71Fii!tgata't1V t.OC•a -••••~??•• --_
Buncoc,be r rth a>rolima -
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jc=g of Noah Carol;:ju,l
L to any portion o1 Mee mLL oty for whir: wehorL stbn y 504nt r4r. yyttpfatai I:3 114 13 NO
IT t e"W is 'yw* 0" ra?aana, n;>. 911 ti and "at tA4 activity Was Gc/nptslsd. kvdcsu ttls 4AWWr1 "ON On th4 druu'insc
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i. LkA all 600towsb at sardtlostICAS and arantata rrosiaaa t.. atwr tt.algl, fntanta? suu ur ImA agaawss tw arM, sttucumea. 12frylftKSlioA, iisattsrt3a a ottW
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18SU" AO$NCY 1' AE .! P"OV.tt. IC i11TtFk,A71t 1N IVO. OATR OP l°04.M'.A110h OATS 00 AP'PAQvnt. GATO Of 00"L.
0. A00WA9 on is hm" M400 for • 1:491 1W a ONfRUFA TO NUUMnM VOW WSWitiet paie=t WW her" I ewrgtly that I am I wn w wink the attorrASttOA Wtsir4g in the
aeafte0w. turd mat tic th4 bwst cd 1 TM krvr.iadpa and bralW :%Kh mtGernation,a Uw. m"Oist0 oral wmicatt, I i wnnw aartdy UWIe 1 tsoaserew Itb auuUmly to
unOtrresttf ut4 prtl066W WIvI W 14 1 tun aCM4 W 11w OUN aAH6111rtd 404414 ut UM ADOWSAL
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Me 80011cmdon must 04 Opmocl by the p4eson who dtlsihls ld undertake the p.op4 vad activi ? (&9 DhCant) Or it m ay b4 slgn4d by a duly
lumonzed agent it 1103 state of (101 i7/ack 3 hax 0441, Alled our gold tigned.
I e U.S.C. S*=W I C41 provwKat. nat V lhoever. in arty marlrtW -vigltA I M 0WWiCWn C : Any C*Wtmar I of 46r4y of The Untwd Stat"
1m**A1lgfy ano rW4tU1ty talQlA$W, :t; cs" et CQVeri UO oy ZIA'r Ittk, S:UM4. Of dowiCe i 113111tH) tatcl or ff4m4 " talstt, I.'1CttU*js at teaudltlertt
staLmne is or ropraawfat?Orts ce ; %Uas or uses any L", wrturq at dtlrAm4eu knowing :.wim 12 tdlttrn •Lmt tam tkuucus or
1r&WwWn1 statatr*Ar rk entry. smi I b4 Anoo nol nm*ro t7w %10.004 Or irrlonso t4d not to 1141 than Ave! y4a1r7, or Jost.
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NQV 24 '92 16 :38 C01_-ASHEVILLE:
P.5/5
2180 _.......i_ _.?_ - -- 2180
? r
2170 S_ 2170
SEC TI ON A- A
11
2180
Z-
2170 _.---- _? 2170
SECTION B-113
2180 2180
1 /
2170
2170
NOTE; SECTION C-+;;
1. CROSS HATCH ;::D AREAS ARE
ISLANDS THA 7 ARE PROPOSED
TO BE REMID'v1;-;13.
2. APPROX. VOLUME CF MATERIAL
IN ISLANDS -- 1284 C.Y.
3. LOCATION OF PROJECT AT
MILE 1 ON .;,WANNA.NOA RIVER;
PURPOSE: TO RMOVE I: MDS AND S2'-C;7;10N AEN4'S PROPOSE) REMOVAL OF ISLANDS
PREVENT FTJ'fl,RE ENI.ARGEING SCUP
OF 1!?. S 13'' CONTINUING K;aT' ,'- °0 IN: SWANNANOA R1VM
SUIMENT 9011D UP. NIETFOPGLITAhi SEWERAGE DISTRICT AT., BILTMORE ESTATE:
DATUM: MST. of COUNTY OF: BUNCOMBE
ADJACENT PROPERTY C1411IERS: BUNCOMBE =JNTY, NORTH (','AROUNA APPLICATION BY: MSD
1. THEr BILT)ACRE COMPAi Y P.O. 9OX 89,69
2. SOUTHERN RAILWAY AiHEALI& N.C.. 28814 SHEET 2 OF 2 DATE OCT. 30, 1992
NOV 24 192 16:17 COE-ASHEVILLE:
PROPOSED
SANDBAG DI'VERSJON
WALL or £"
ZI? •"? ,
. •?''? " \ ; 1.71.26
?CLG/'
P.415
N . VOST. 11" SANITARY SEWER
A VAST, GONC, PIERS (6 TOTAL)
„r c
1972,21 • [0Qg "pr' ~
14L;?.Y"rJ,.,"?J?:i- ?VCA
+ 1072.81 1
J 19'71.77' '- '
1971.0E t it± I.S .;,,fir • ' ' ?.'.•r' "~ • • • +..
JNUP
1,1, •f•„ MRkbX 'rod O'r 9T, oArIK_ PO• ISWAfNONAkOA
RIVER.
PROPOSED JUENCHMARK
..?.,?' •°' T O WINEF Y..',' . . .:::. . ... . . ....: / .SIGN
WALNUT
` ??GN.I? I ?/ 1s???NC?P?`.?
NOTE:
1. CROSS HATCHED AREAS ARE
ISLANCi!:: THAT ARE PROPOSED
TO BE b;EMOVED.
2. APPRCX, VOLUME OF MATF.RIAI,
IN ISblJ' DS =a 1284 C.'(.
3. LOCAM(:11V OF PROJECT A7
MILE 1 )N SINANNANOA, RIVER
ASHEVIL LE
dLo
40
PURPOSE: TO RENIVAE 11AIND i AND PLAN VIEVil I PROPOSED REMOVAL OF ISLANDS
PREVENT rVI URE E14WG>JNG co 40 27 o ao
OF Istmo y iY CONTINUING IN. SWANI•IANOA RIVER
00'
DEMF?IT I3:I L.0 UP 31' ALE: 1' VE MOPOLITl,JN SEWERAGE: DISTRICT ;; AT: BILTMi)RE ESTATE
DATUM: t?CSI of COUNTY OF: BUNCOMBE
ADJACENT PROPERTY (mERS: BUNI'.OIABE O)LINTY, NORTH CAROJNA APPUCATION BY: MSD
I. THE E LTMC'RE COMP1,,NY P.O. BOX 11989
2 SOUTHERN CtAIL'NA'f ASFIE:VIU E, N,C. 28814 SHEET 1 OF' 2 DATE OCT. 30, 1992
I
?r?OW
I

.„
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199300564
,-,1 1992
N S GR01JP
_?? WATER UALITY SLCT!'i;ft
December 3, 1992
The FRENCH BROAD RIVER SAND CORPORATION, REPRESENTED BY CLAUDE M.
CREASMAN, POST OFFICE BOX 1455, ASHEVILLE, NORTH CAROLINA 28802 has applied
for a Department of the Army (DA) permit TO CONDUCT A COMMERCIAL SAND DREDGING
OPERATION ON THE FRENCH BROAD RIVER OFF AMBOY ROAD IN ASHEVILLE, Buncombe
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 a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show the renovation of existing dredging apparatus from a former
operation which has been abandoned for several years. Two steel cables,
suspended across the river, guide a one cubic yard bucket. The bucket will be
dragged across the river and then discharged into a sand screen for sorting
and washing. An existing 6-inch water intake will draw water from the river
to the screen, where it will then flow through a sediment basin before
returning to the river. The sand stockpile area will be adjacent to the road
on upland property. The applicant will remove an average of 2 feet of
sediment from the riverbed, totaling approximately 180 cubic yards per month.
The purpose of the work is to obtain sand for sale to the local market. 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.
Approval of this permit will give Federal authorization for dredging for a
period of time not to exceed 10 years from the date of permit issuance.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
F
n

-2-

iiul,aistrict 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, 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 U.S. Army Corps of Engineers (USACE) 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 USACE
to determine whether to issue, modify, condition or deny a permit for this
d
-3-
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 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 Department of
the Army 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 December 25, 1992.
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 December 21, 1992, Attentions
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.,
January 4, 1993, or telephone [phone].

NOV 24 192 12 33 COE-ASFE:VILLE
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
January 27, 1993
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
Jonathan B. Howes, Secretary
1 LI
9
1993
In keeping with your request, this office has
state review agencies U. S. Army Corps of Engineers
199200564 dated December 3, 1992 which describes a
French Broad River Sand Corporation of Asheville.
plant renovation and sand dredging from the river,
Asheville, in Bun'.-;ri e County.
circulated to interested
Public Notice Action ID.
project proposal by the
The project, involving
is off of Amboy Road in
During the course of the review, four agencies submitted written comments
to the viewpoint request. However, the state interposes no objection. The
following is provided for project management and the record:
Division of Environmental Management - issued the required Section
401 Water Quality Certification on January 11, 1993. Certification
No. 2802 carries the standard 25 NTU turbidity restriction;
State Property Office, Department of Administration - has advised the
applicant that even though the equipment for the most part is on
site, an Easement is required because there is presently no Easement
in the company name;
Wildlife Resources Commission - recommends stabilization of upland
areas during periods when
recommends the following
1) If dredging will
bare soil should
provide erosion
when dredging Is
days.
sand mining is not underway. That agency
planting schedule:
be conducted intermittently, areas with
be seeded and vegetation established to
and sedimentation control during periods
suspended for more than 30 consecutive
PO Box 27687, Raleigh, North Carolina 276117687 Iclcphonc 919-733 4984 Fu N 919733 0513
/fin 1xgmd Opportunity Affirmative Ax tion I mplovcr

Dr. G. Wayne Wright
Page 2
January 27, 1992
2) The following plant species selected to optimize
wildlife habitat value throughout ecological suc-
cession should be included in the reclamation plan:
Early spring
Switchgrass
VA 70 shrub
lespedeza
8 lbs/acre
20 lbs/acre
Fall:
Rye grain
Orchardgrass
White clover
30 lbs/acre
18 lbs/acre
5 lbs/acre
Division of Water Resources - reminds us that the operation will be
carried out between two city parks (one existing and another proposed)
and just downstream of a State Water Trail. Therefore, the project
should be designed such that it will not impact recreational navi-
gation on the French Broad. Warning signs should be placed upstream
of the operation instructing boaters on how to safely pass the
operation.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely..
Ao R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Division of Environmental Management V
Wildlife Resources Commission
Stste Property
Division of Water Resources