19920332 Ver 1_COMPLETE FILE_19920728

-
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
William W. Cobey, Jr., Secretary
July 28, 1992
Western Sand, Inc.
Mr. Ray Penland
134 Depot Street
Franklin, N.C. 28734
Dear Mr. Penland:
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging on Little Tennessee River in
Franklin, N.C.
Project #92332, COE # 199202483
Macon County
Attached hereto is a copy of Certification No. 2756 issued
to Western Sand,.Inc. dated July 28. 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
reston Howard, J .
cttng Director
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
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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 Western Sand, Inc. pursuant to an application filed on the
22nd day of June, 1992 to conduct asand dredging operations on
the Little Tennessee River at Riverview Street and Lakeside Drive
in Franklin, N.C.
The Application provides adequate assurance that the
discharge of fill material into the waters of Little Tennessee
in conjunction with the proposed sand dredging 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. Streamband vegetation shall not be distrubed except
where absolutely necessary and shall be replanted
as soon as possible.
3. A vegetative buffer shall be maintained between the
stream and operation site. Rainfall and drainage
water shall be returned to the stream through the
buffer.
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 28th day of July, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
reston Howard, Jr. /P E.
Act'ng Director '
WQC# 2756 '1
y ? 'v~c O
®?Qa..n vdV.
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 23, 1992
MEWRANDUM
T0: 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. 199202483
dated June 18, 1992 describing a proposed project by Western Sand, Inc. represented
by Ray Penland, 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 Ju1y 17, 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-a"ppQxts th roject proposal.
No comment.
L_ Comments on this project are attached.
This office objects to the project as proposed.
ell
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An F.qual Opportunity Affirmative Action Fmployer
e "` SfA? o
?'>« .?
Department of
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVIS
I

MEMORANDUM
TO: John Dorney D
401 Review Group
THROUGH: Forrest R. Westa
Water Quality Reg' .. Supervisor
FROM: William E. Anderso
Environmental Techni an
SUBJECT: Action ID 1.99202483 Western Sand, Inc.
Macon County
Ann 13. Orr
Regional Manager
7 1992
This is a request to mine sand in the T,i tt.l.e Tennessee River using a
drag line. The proposed area to be mi_necl has fairly high banks, some of
which were built up as a result of pr.evintts sand operations.
Since a drag line is to be used, there wont be any wastewater and
therefore no NPDES Permit. The LittAf- 'T'ennessee River has been
designated critical habitat. It is re(--oinm-nded that the Water. Quality
Certification be issued and that the following conditions be included
along with the boiler plate and turbidity r-P,.quirements:
1. Stream bank vegetation shall noi. 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. Rainfall and drainage water shall be
returned to the stream through the vegetative buffer.
3. The location of stock piles and any other site specific
measures to eliminate erosion shall be taken as appropriate.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]

Zesources
r
An Equal Opportunity Affirmative Action Employer

r
V
STATE
1. yi r
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 23, 1992
MRZiORANDUM
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. 199202483
dated June 18, 1992 describing a proposed project by Western Sand, Ine_ represented
by Ray Penland, 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 July 17, 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, RWeigh, North Carolina 27611 -687 Telephone [phone]

DEPARTMENT OF THE ARMY
4 Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199202483 June 18, 1992
WESTERN SAND, INC. REPRESENTED BY RAY PENLAND, 134 DEPOT STREET, FRANKLIN,
NORTH CAROLINA 28734 has applied for a Department of the Army (DA) permit TO
CONDUCT A COMMERCIAL SAND DREDGING OPERATION ON THE LITTLE TENNESSEE RIVER OFF
RIVERVIEW STREET AND LAKESIDE DRIVE IN Franklin, Macon 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 Corps of Engineers. Plans submitted with the
application show dredging of the river by dragline from the new bridge for the
westbound lane of U.S. Highway 23/441 Business to a point approximately 0.75
miles downstream (Rivermile 115.75). An average of 4 feet of sand will be
removed from the river at various sites leased to the applicant. Dredged
material will be placed initially on the riverbank, and either be removed as
sold or removed to another site for further processing. The applicant
estimates the annual removal of between 20,000 to 40,000 tons of sand,
depending on its availability. After the dredging activity is completed at
one site, reclamation, including the construction of protective berms will be
performed. 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). 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.
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

-2-
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
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.

-3-
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.
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.,
July 17, 1992, or telephone [phone].
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i a LITTLE TENNESSEE RIVER
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k? I 1Cl APPLICATION BYs WESTERN SAND, INC.
h TAKEN FROM MACON COUNTY TAX MAPS
SHEET 2 OF 8 DATE: 6-2--92
SCALE: 1" - 100'
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NOTE: SHADED PORTION OF RIVER IS AREA
UNDER LEASE TO APPLICANT FROM WHICH
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PLAN VIEW
LITTLE TENNSSSEB RIVER
TOWN OF FRAX)KLIN, M&CON CONYr N.C.
APPLICATION BYs WESTERN SAND, INC.
TAKEN FROM MACON COUNTY TAX MAPS '
Img 3 OF 8 DATRt 6-2-92
SCALES 1" - 1001
NOTES SHADED PORTION OF RIVER IS AREA,
UNDER LEASE TO APPLICANT FROM WHICH
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TAKEN FROM MACON COUNTY TAX MAPS
SHEET 4 OF 8 DATE: 6-2-92
SCALE: I" s 100'
NOTE: SHADED PORTION OF RIVER IS AREA
UNDER LEASE TO APPLICANT FROM WHICH
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PLAN VIEW
LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION $Y: WESTERN SAND, INC.
TAKEN FROM MACON COUNTY TAX MAPS
SHEET S OF 8 DATEt 6-2-92
SCALE: 1" - 100,
NOTE: SHADED PORTION OF RIVER IS AREA
UNDER LEASE TO APPLICANT FROM WHICH SAND
mnnr.n n" nose+nsn
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PLAN VIEW
LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION BYs WESTERN SAND, INC.
TAKEN FROM MACON COUNTY TAX MAPS
SHEET 6 OF 8 DATE: 6-2-92
SCALE: 10 - 100'

NOTE: SHADED PORTION OF RIVER IS AREA
UNDER LEASE TO APPLICANT FROM WHICH
SAND WOULD BE DREDGED, OPERATING FROM
LAND OWNED BY XLLIOTT 8T AL AND
LEASED TO'APPLICANT.
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PLAN VIEW
LITTLE TSNNESSSE RIVER
TOWN OF FRANKLIN, MACON COMITY, N.C.
APPLICATION BY: WESTERN SAND, INC.
TAM FROM MACON COMITY TAX MAPS
SSEST 7 OF 8 DATES 6-2-92
SCALE: 1' - 100'
NOTE: SHADED PORTION OF RIVER IS AREA,
UNDER LEASE TO APPLICANT FROM WHICH
BAND WOULD BE DREDGED, OPERATING FROM
LAND OWNED BY ELLIOTT M AL AND
LEASED TO APPLICANT.
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SECTION VIEW
LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION BY: WESTERN SAND, INC.
SHEET 8 OF 8 DATE: 6--2-92
SCALE: 1" -.4'
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4 DEPARTMENT OF THE ARMY
Wilmington District, Corps of EnglipaW.
1 Post Office Box 189 Q
Wilmington, North Caro ?8(D 90
Action ID. 199202483 June 18, 1992
PUBLIC NOTICE
WESTERN SAND, INC. REPRESENTED BY RAY PENLANB;'134 DEPOT STREET, FRANKLIN,
NORTH CAROLINA 28734 has applied for a Department of the Army (DA) permit TO
CONDUCT A COMMERCIAL SAND DREDGING OPERATION ON THE LITTLE TENNESSEE RIVER OFF
RIVERVIEW STREET AND LAKESIDE DRIVE IN Franklin, Macon 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 Corps of Engineers. Plans submitted with the
application show dredging of the river by dragline from the new bridge for the
westbound lane of U.S. Highway 23/441 Business to a point approximately 0.75
miles downstream (Rivermile 115.75). An average of 4 feet of sand will be
removed from the river at various sites leased to the applicant. Dredged
material will be placed initially on the riverbank, and either be removed as
sold or removed to another site for further processing. The applicant
estimates the annual removal of between 20,000 to 40,000 tons of sand,
depending on its availability. After the dredging activity is completed at
one site, reclamation, including the construction of protective berms will be
performed. 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). 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.
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
9 .
-2-
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
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.
-3-
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.
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.,
July 17, 1992, or telephone [phone].
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76 LITTLE BE RIVER
Y ??• ,«I ??a$RLOW NEW SRI E ON WESTBOUND LANE
23--441 (B NESS)
.11 TOWN OF FRANKLIN, MACON COUNTY, N.
" 1.++ APPLICATION BY: WESTERN SAND, IN
TAKEN FROM N.C. DEPT. OF TRANSPORT I(
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P i ! X
0 LITTLE TBNNESSEN RIVER
`o TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION $Yt WESTERN SAND, INC.
.? h TAKEN FROM MACON COUNTY TAX MAPS
SHEET 2 OF 8 DATE: 6-2-92
SCALE: I" - 100'
? I
k/ NOTE: SHADED PORTION OF RIVER IS AREA
'1 (
A: I UNDER LEASE TO APPLICANT FROM WHICH
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APPLXCATZOK BYs IMSTERN SAND, INC.
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TOWN OF FRANKLIN, MACON COUNTY, N. C.
APPLICATION BY: WESTERN SAND, INC.
?TAKEN FROM MACON COUNTY TAX MAPS
SKEET 4 OF 8 DATE: 6-2-92
SCALE: I" : 100'
NOTE: SHADED PORTION OF RIVER IS AREA
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TOWN OP FRANKLIN, MACON COUNTY, N.C.
APPLICATION BY: WESTERN SAND, INC.
TAKEN FROM MACON COUNTY TAX MAPS
SHEET S OF 6 DATEt 6-2-92
SCALE: 1" s 100,
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PLAN VIEW
LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, P.C.
APPLICATION BY: WNSTEMS SAND, INC.
TAM FROM MACON COUNTY TAX MAPS
S8$ET 6 OF 8 DATE: 6-2-92
SCALEi In - 100'
NOTE: SHADED PORTION OF RIVER IS AREA
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PLAN VIEW
LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION BY: WESTERN SAND, INC.
TAM FROM MACON COUNTY TAX MAPS
SHEET 7 OF 8 DATEt 6-2-92
SCALE: 1' - 100'
NOTE: SHADED PORTION OF RIVER IS AREA
UNDER LEASE TO APPLICANT FROM WHICH
SAND WOULD BE DREDGED, OPERATING FROM
LAND OWNED BY ELLIOTT ST AL AND
LEASED TO APPLICANT.
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LITTLE TENNESSEE RIVER
TOWN OF FRANKLIN, MACON COUNTY, N.C.
APPLICATION HYt WESTERN SAND, INC.
SHEET 8 OF 8 DATE: 6-2-92
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0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-
Charles R. Fullwood, Executive Director ,
MEMORANDUM _ 3 199?
TO: John R. Parker, 404 Coordinator WETLANDSGROUP
Division of Coastal Management WATER QUALITY SECTION w
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: July 28, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199202483, Request for a permit by Mr. Ray Penland to
conduct a commercial sand dredging operation on the
Little Tennessee River 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 dredge the river by dragline from
the new bridge for the westbound lane of US 23/441 Business to a
point approximately 0.75 mile downstream (Rivermile 115.75). An
average of 4 feet of sand will be removed from the river at
various sites leased to the applicant. Dredged material will be
placed initially on the river bank, and either be removed as sold
or removed to another site for further processing. The applicant
estimates the annual removal of between 20,000 to 40,000 tons of
sand, depending on its availability. After the dredging activity
is completed at one site, reclamation, including the construction
of protective berms will be performed. The purpose of the work
is to obtain sand for commercial sales.
In general, the NCWRC discourages the use of a dragline for
sand mining due to its adverse impacts on bank stability by
removal of riparian vegetation. Fisheries habitat often becomes
degraded due to increased sedimentation into the river and
thermal pollution. We understand that dragline mining is under
review by the North Carolina Mining Commission at this time.

The Little Tennessee River (Lake Emory) 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 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.
Although we prefer a hydraulic dredge, the NCWRC does not
object to the issuance of this permit, provided the applicant
follows these recommendations for minimizing adverse impacts to
aquatic resources of the Little Tennessee River:
1) Berms should be constructed along the river before mining
begins at a certain site and routinely maintained to prevent
the reentry of dredged sand into the river from stockpiles.
Upon completion of mining activities at each site, the berm
should be seeded within 15 working days.
2) Riparian vegetation should be left undisturbed between mined
areas of the river. It is usually possible for a dragline
operator to dredge a wide area of the river from a single
location on the bank, leaving riparian vegetation around
this area intact. We prefer that this method be used rather
than have all banks stripped bare of vegetation to maintain
bank stability and prevent thermal pollution.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance, please advise.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Micky Clemmons, District 9 Fisheries Biologist
Mr. Joffrey Brooks, District 9 Wildlife Biologist
-1Ar_. John Dorney, DEM
Ms. Janice Nicholls, USFWS, Asheville
Mr. David Baker, USACOE, Asheville