19920308 Ver 1_COMPLETE FILE_19920706

A s,a STA)F q,
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
June 3, 1992
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. 199201996
dated May 28, 1992 describing an "after-the- fact" project proposed by Mr. Harold
Clark, 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 Jum 29, 1992. 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 Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201996 May 28, 1992
PUBLIC NOTICE
MR. HAROLD CLARK, 55 Cowee School Road, Franklin, North Carolina 28734,
has applied for a Department of the Army (DA).after-the-fact permit TO
CONTINUE A COMMERCIAL SAND DREDGING OPERATION ON THE LITTLE TENNESSEE RIVER AT
LAKE EMORY IN Franklin, Macon County, North Carolina.
This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
the outcome of this consideration.
on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
Legal action has been suspended pending
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 hydraulic dredging, of an approximate 2000-foot reach of
Lake Emory. An average of 6 feet of sand will be removed and pumped to an
adjacent processing plant and stockpile area located across the river from the
new Macon County landfill site. The applicant estimates the removal of
approximately 100 cubic yards of sand per day. Runoff from the processing
plant flows through a settling pond and empties into a wetland area before
returning into the river. An approximate 1/8 acre area of the wetland
has been filled at the processing site. The dredging operation began in
March, 1992. The purpose of the work is to obtain sand for commercial sales.
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 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 Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
-3-
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parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this 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, 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 June 25, 1992.
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 June 15,
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.,
June 26, 1992, or telephone [phone].
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PAW, ` P •
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27C-A)4
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 6, 1992
George T Everett, Ph.D.
Director
Mr. Harold Clark
55 Cowee School Road
Franklin, N.C. 28734
Dear Mr. Clark:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging operation on Lake Emory
Project #92308, COE # 199201996
Macon County
Attached hereto is a copy of Certification No. 2749 issued
to Mr. HArold Clark dated July 6, 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
C/Y
Preston Howar(?, Jr. P . E .
ector
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
RI:GIONAI. OITK TS
AOhcvillc l Vew-villc r0kxn-ccvi11c 12aleigh Watihington Wilmington Winuon-salcm
704/251-o208 919/481 1541 704/063-10i) 919/571-47(x) 919/900481 019/395-39(A) 919/89-7(X)7
Pollution Prevention Pays
I'.O Box 29535, Palcigh, North Carolina 27620-0535 'Idephonc 919733 7015
A,, I qual ()1,1-1 imv Alfimiauve Nt I mplnver
NORTH CAROLINA
Macon 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 Mr. Harold Clark pursuant to an application filed on the 3rd
day of June, 1992 to continue to operate a sand dredging
operation in Lake Emory on the Little Tennessee River.
The Application provides adequate assurance that the
discharge of fill material into the waters of Lake Emory and
adjacent wetlands in conjunction with the proposed
sand dredging 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 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. Streambank vegetation shall not be disturbed except
where absolutely necessary and shall be replanted
as soon as possible.
3. A vegetative buffer shall be maintained between the
stream and the operation site. Rainfall and
process water not discharged through the wetland
area shall be returned to the stream through the
vegetative buffer.
4. The location of stock piles and any other site
specific measures to eliminate erosion shall be
taken as appropriate.
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 6th day of July, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT L ,4 A. Preston Howard, r. P.E.
Director
WQC# 2749
P. ,r &
d
JUN - 5 1992
GH.
YS1L,
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
June 3, 1992
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. 199201996
dated May 28, 1992 describing an "after-the- fact" project proposed by Mr. Harold
Clark, 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 June 29, 1992. 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.
?- ai
REPLY v This office suppert-s the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed 0 Date b -,,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Oppominity Affirmative Action Employer

Depa
James G. Martin, Gove1
William W. Cobey, Jr.,
MEMORANDUM
e na SrATF' o?
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TO: John Dorney
401 Certification
THROUGH: Forrest R. Westal_ FT
Water Quality Regi.o I Supervisor
FROM: William E. Anderson
Environmental Techni.ian
SUBJECT: Action ID 199201996
Harold Clark Sand Dredge
Macon County
nn B. Orr
I Manager
i
JUN 0 IM
This sand dredging operation is typical. of some others in the Little
Tennessee River. The location is coiisi d(,ved "Critical Habitat" for
threatened or endangered species. I have t.nl-ked with the U.S. Fish and
Wildlife field people and I think the following conditions along with the
appropriate turbidity caveats answer their concerns:
1. Stream bank vegetation shall_ not: be disturbed except where
absolutely necessary and shall he replanted as soon as
possible.
2. A vegetative buffer shall be maintained between the stream and
the operation site. R.ai.nf.al.]- arrcl process water not discharged
through the wetlands area shall. be returned to the stream
through the vegetative buffer.
3. The location of stock piles attd any other site specific
measures to eliminate erosion shall. be taken as appropriate.
Since the additional water will probably enhance the existing wetland
area and the wetland discharge will offer additional protection to the
stream, issuing Water Quality Certificatitn is appropriate unless other
concerns are discovered.
If you need additional comment, please l-et nip know.

Interchange Building, 59 Woodfin Place, ANheville, N.(:. 28801 • Telephone [phone]
An Equal Oprx)rttutity Affirmative Action I.mplowr

State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secret V I S I ON OF ENVIRONMENTAL MANAGEMENT Regional Manager
WATER QUALITY SECTION
February 20, 1992
Field Supervisor
U. S. Fish and Wildlife Service
330 Ridgefeild Court
Asheville, North Carolina 28806
Subject: Endangered Species Act, Section 7
Little Tennessee River
Macon County
Dear Sir:
The North Carolina Division of Environmental Management proposes to
issue NPDES Permit Number NCO081337 to Mr. Harold Clark of Macon County
N.C., to allow the operation of a sand pumping operation with the
subsequent return of water to the Little Tennessee River at or very near
latitude 350 11' 30", longitude 830 23' 06". This location is just
across the river from the Town of Franklin's wastewater treatment
facility and the new Macon County la.ndf_i-11-.
These permits typically require that t:lhe receiving stream turbidity
in Class "C" waters not be increased to more than 50 NTU as a result of
the discharge. This permit will allow 50,000 gallons of water per day to
be returned to the stream.
In order- to comply with the subject- legi.slation, the Division
requests your comments in writing as soon as possible. If you wish to
discuss the operation, or if you determine that this operation will have
significant impact on endangered species or critical habitat, please
contact me at 704/251-6208.
Sincerely,
William F.. Ariderson
Environmental 'T'echnician
Intcrt kin),nc Building, 59 Wo(Ohn 11Ln c, Mimille, N( 28801 • Idephone 704 251 l208
An Inu:d ( )rrtxv-tunny Affinnativc rV tinn I,rnnLw(,i
E T^ /'
1 JD'A ('? L v
STAI[
t
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann 13. Orr
William W Cobey, Jr., Secretary Re&nal Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
April 29, 1992
MEMORANDUM
TO
Randy Kepler
THROUGH: Forrest R. Westall
Water Quality Regi Su ervisor
FROM: William E. Anderson
Environmental Techni an
SUBJECT: Sand Dredge Permits in Little Tennessee Critical Habitat
Macon County
In order to help alleviate the US Fish and Wildlife concerns regarding
sand dredging operations in the Little 'T'ennessee River, inclusion of the
following or similar permit conditions is recommended.
1. Stream bank vegetation shall not. be disturbed except where
absolutely necessary and shall he replanted as soon as possible.
2. A vegetative buffer shall be maintained between the stream and
the operation site. R.ainfall_ and process water shall be returned
to the stream through the vegeta t- _l vc, buffer.
3. The location of stock piles and any other site specific measures
to eliminate erosion shall be taken as appropriate.
These conditions are somewhat non--specific: to allow for the different
site conditions, but they will make th(- Divisions intent clearer.
httcr(han);c liuihliiw 5'+ Winxllin Pla(c, Adicvillc, N( .)8801 • ldcphnnc 7M )?l (008
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4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 r
IN REPLY REFER TO May 27, 1992
Regulatory Branch
Action ID. 199201996
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
0-30M
Dear Mr. Dorney:
Enclosed is the after-the-fact application of Harold Clark, for Department
of the Army authorization and a State Water Quality Certification to conduct a
commercial sand mining operation on the Little Tennessee River, Lake Emory,
Franklin, Macon 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 July 27, 1992, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone (704)
259-0856.
Sincerely,
ne Wri
Chie , Regulatory Branch
Enclosure
RECENED ?kr;2
APPLICATION FOR DEPARTMENT OF THE ARMY PERM LOUBAPPROVAL NO. 0710b008
(33 CFR 325) Pm 90 September 1992
ng burden for this collection of Information Is esdmawd lo average 5 hours per response the m ty 'eases, imcludktg de ti for vlewing instrtxtlons,
isting data sources, gathering and maintaining the data needed, and completing and re ' g the collection of information. AppNadons linger or more complex
F
time In ecologically sensitive areas, could take up tD 500 hours. Send comments regard this burden estimate or any odder aspect of cbNectlon of informatics,
gestkxe for reducing this burden, to Department of Defense, Washington Headquarters ace. Directorate for Information Operations and Projects, 1216 Jefferson
Suits 1204, Arlington, VA 22202 4302: and to de Office of Management and Budget. Paperwork Reduction Project (0710.0003Washington, DC 20500P
TURN your oomplided form to either of thew addresses. Completed applicat ion must be submitted to the District Engineer having jurisdiction over the
NOT
location of the proposed activily.

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,
Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
Protection
,
material Into waters of the United States, and the transportation of dredged mamial for cite purpose of dumping it Into ocean waters. Information provided on this forth will be used
in evaluating the application for a permit. Infom adorn in this application is made a matter of public record through issuance of a public notice. Disclosure of the information
requested Is voluntary; however, to data requested are necessary In order to communicate with the applicant and to evaluate the pemmt 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 (we sample drawings
and Instructions) and be submitted to the District Engineer having jurisdidon over the location of the proposed activity. An application that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
,4e,bi-m--- .S Ab . Aok-?el
l g9Z o l99/
Telephone no. during business hours

2. NAME AND ADDRESS, OF APPLICANT
/I/
1rrR ?` / i l-k

AIC ( ) (Residence)
1 7
1-1 sckc d I RJ
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e A/C ( ) (Office)
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r Y-p I r'Aj '0C a ?734
? Statement of Authorization: I hereby designate and authorize
to act in cry
Telephone no. during business hours behalf as my agent in the processing of this permit application and to furnish,
upon request, supplemental Information In support of the application.
A/C (rfp ?) --ZV !y - Sri 7 (Residence) SIGNATURE OF APPLICANT DATE
A/C ( ) (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
,.
4b. PURPOSE
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4c. DISCHARGE OF DREDGED OR FILL MATERIAL
S r? Nj A PP y.4)u /P) yd .5 Pei" JD/
L
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS. LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
8 R A be.J 1 ?CA) of
/ao L? A_Awus el '7o coma; 5T -71-" CL
Hele Dt-aloe u: f°?1 t? `P ?gc?o.c: (Jar. y 1
jg? 57-
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6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
1AKe Emo o.AD I-1- et tv.4,. l..Ue
.? tt j_jqX-rd .?,' i 1
F_ry4 v h'A) 'S e- e.47-/j7Fwi P ?a U 1
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: 1?,' (J 0- r' V `11C L g
.?1z,4?- :?5?'7 IZr u<rv, e?i 5
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
InACO,c.) &; C S 3
COUNTY STATE ZIP COD
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? Ifi YES ? NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
0,'dA)(07 /f o 1-% Z h 4d TZ) 114 (/G A ez-P j?'viYU -tom X4,.e4 q u1
B. 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 AckENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
AJK A)cco91337 /o-511- 9j D;, 4 r
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10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the inlormation contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
??f',f' a 5 =? -gam
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious 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 five years, or both.
FROM" 01 ENO FORM 4346/ 'U.S. Govermrrn Priming office: 1991 - 526.235/4030
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STATE SIATI:.
?,. 'i,
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. M, -tin, Governor
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
July 22, 1992
Willia
In keeping with your request, this office has circulated to interested
review agencies U. S. Army Corps of Engineers Public Notice Action ID
X1199201996 dated May 28, 1992 describing a project undertaken by Mr. Harold
Clark of Franklin. The activity, involving sand mining in the Little
Tennessee River at Lake Emory, has been ongoing since March of 1992. The
request is to authorize continued mining at the rate of 100 cubic yards per
day.
Based on a coordinated agency review, the state interposes no actual
objection to the request. The writer finds it interesting that the applicant
would undertake such activity in public trust waters without carefully
reviewing regulatory requirements. The following agency comments are provided
for your consideration should a permit be issued:
Division of Environmental Health - expresses concern that sedimentation
could effect area water supply. Careful monitoring of sedimentation
should be a control provided in the permit;
Division of Land Resources - finds no mining permit required;
Wildlife Resources Commission - recommends sedimentation from the
project be rigidly controlled;
Division of Environmental Management - issued Water Quality Certifi-
cation No. 2749 for this activity on July 6, 1992. This certification,
for the record, includes important environmental safeguards that
should be made a part of any permit issued.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employee

Dr. G. Wayne Wright
Page 2
July 22, 1992
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
4Joh Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Division of Environmental Health
Wildlife Resources Commission
Division of Environmental Management VII,
Division of Land Resources
Corps of Engineers--Asheville
North Carolina Wildlife
512 N. Salisbury Street, Raleigh, North Carolina 2760,k1.14
Charles R. Fullwood, Executive Director
MEMORANDUM
TO:
John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: June 23, 1992
;ion C?
aw_? jt?4p
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199201996, Request for an after-the-fact permit by Mr.
Harold Clark to continue a commercial sand dredging
operation on the Little Tennessee River at Lake Emory
in Franklin, Macon 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 are familiar with the
project site. 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 proposes to continue to hydraulically dredge
an approximate 2000-foot reach of Lake Emory. An average of 6
feet of sand will be removed and pumped to an adjacent processing
plant and stockpile area located across the river from the new
Macon County landfill site. The applicant estimates the removal
of approximately 100 cubic yards of sand per day. Runoff from
the processing plant flows through a settling pond and empties
into a wetland area before returning into the river. An
approximate 1/8-acre area of the wetland has been filled at the
processing site. The dredging operation began in March 1992.
The purpose of the work is to obtain sand for commercial sales.
The Little Tennessee River in this area and downstream to
Fontana Reservoir has been designated as critical habitat for the
following species: spotfin chub Hybopsis monacha - state and
federal threatened species, Little-wing pearly mussel Pegias
fabula - state and federal endangered species, Appalachian elktoe
Alasmidonta raveneliana - state endangered/candidate for federal
listing, Tennessee pigtoe Fusconaia barnesiana - state endangered
Memo Page 2 June 23, 1992
species, and Slippershell mussel Alasmidonta viridis - state
endangered species. The Little Tennessee River downstream of the
dam at Lake Emory provides excellent habitat for these species.
Lake Emory itself has served as a catch basin for sand and silt
resulting from poor land practices upstream. Therefore it is
unlikely that this project will adversely affect these species
provided sedimentation is adequately controlled so as not to
affect the Little Tennessee River downstream of the dam.
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. John Dorney, DEM
Ms. Janice Nicholls, USFWS, Asheville
Mr. David Baker, USACOE, Asheville