19920031 Ver 1_COMPLETE FILE_19920101

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(STATE o
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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
March 13, 1992
Ms. Dorothy Gail Woodard
20 Bowers Creek Road
Bryson City, North Carolina 28713
Dear Ms. Woodard:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Trout Rearing Facility
Project # 92031, COE # 199200502
Swain County
Attached hereto is a copy of Certification No. 2703 issued
to Dorothy Gail Woodard dated March 13, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
?e rge T. Ever t
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. COI FILES
Asheville Fayetteville Mooresville Raleigh Washington Wilminlnon Winston-Salem
704/251-6208 919/486-1541 701/663-1699 919/571-47(X) 919/946-6481 919/395-390) 919/896-7(X)7
Pollution Prevention Pays
P.O. 13ox 29535, Raleigh, North Carolina 27(12(1-0535 -Telephone [phone]
An Equal Opportwmv At irnnauvc A,u-i I?mpliwr
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NORTH CAROLINA
Swain 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 Dorothy Gail Woodard pursuant to an application filed on the
5 day of February , 1991 to construct a water diversion for a
trout rearing facility on Little Laurel Creek, Bryson City, North
Carolina.
The Application provides adequate assurance that the
discharge of fill material into the waters of Little Laurel Creek
in conjunction with the proposed trout rearing facility in Swain
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. Wet or live concrete shall not come into contact
with waters of the state until the concrete has
hardened.
3. Permanent flow shall be maintained below the dam's
spillway at all times.
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.
4 % .g.*f
(Certification continued)
This the 13 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eo ge T. Everett, D rector
WQC# 2703
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Regulatory
DEPARTMENT OF THE ARMY
t_MINGTON DISTRICT, CORPS OF ENGINEERS
WI P.O. BOX 1890
02 1890
WILMINGTON, NORTH CAROU 1992
27'
JanuarY
IN REPLY REFER TO
Branch
Action ID. 199200502

F0 North Car
Raleigh for Department of
DorneY Dorothy Gail Woodard, discharge of
Dear Mr. of Ms. cation to
ualitY Certiw construction application Water S2 with the facility near
and a State in conjunction
Enclosed
ed is Creek trout rearing letter
Army authorization Laurel commercial t of th
the is
into Little supply a receip accordance
material ture to Your Lion in
al dam and intake struc North Carolina. for certifica
Swain Countyr a valid request regulations.
our administrative S
Bryson city, acceptance of action
verifies your
325.2(b)(ii) of activity pursuanquality
section the proposed that a water 1 of the same
with
ing authorizi have determined section 401
We are considar Act, and rovisions of until the
the Clean Water under the p be granted
404 Of may be required permit will not
certification the Army waived. receipt
law. A Departmentbeen obtained or 60 days after
tive regulations,
for State action.
certification has administra time 1992, the
dance with our a reasonable March 21,
In accordance
for certification is the request by
of a request have not acted on occurred. in our Asheville
eforer if you deem that waiver has Baker
Thar ineer will Mr. David
District Eng be addres
Questions sed to
or comments may 0856-
Regulatory office at (704) 259- Sincerely
ne Wri t
G' Regulatory Branch
Chie
Mr. John DorneY
ualitY Section Management
Water 4of Environmental of Environment'
Division Department
North Carolina Resources
Health and Natural
Box 27687 7687
st Office olina 27611-
Enclosure
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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 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
January 24, 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. 199200502
dated January 16, 1992 describing a project proposed by Dorothy Gail Woodard 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 February 14, 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]

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199200502 January 16, 1992
PUBLIC NOTICE
DOROTHY GAIL WOODARD, 20 BOWERS CREEK ROAD, BRYSON CITY, NORTH CAROLINA
28713 has applied for a Department of the Army (DA) permit TO CONSTRUCT A
TROUT REARING FACILITY ON LITTLE LAUREL CREEK AT HER PROPERTY ON BOWERS CREEK
ROAD, Bryson City, Swain 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 the construction of a 6-foot -ide, 2-foot-high, 6-inch-thick
concrete dam with an attached 3-foot-wide by 10-foot-long stainless steel
screened intake structure. Water is to be diverted through a series of six
32-foot-long by 8-foot-wide raceways and two 8-foot by 5-foot concrete
settling tanks, prior to returning to Little Laurel Creek. Waste from the
settling tanks is to be used as fertilizer on the applicant's adjacent
Christmas Tree Farm. The purpose of the work is to create a facility for
commercial Rainbow Trout production. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District

-3-
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after February 10, 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 February
3, 1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
February 14, 1992, or telephone [phone].
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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., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SEC
Tl?7 L5 Q U ? ? n
March 3, 199
MAR-9
MEMORANDUM WA EWETLANDS V SECTION
TO: John Dorney
THROUGH: Forrest R. Westall
FROM: Kerry S. Becker
x-15
SUBJECT: 401 Certification for Action I.D. 199200502
Dorothy Gail Woodard Swain County
The Woodard property was inspected on February 21, 1992 to determine
whether a 401 certification should be issued for the construction of a
dam and intake structure in Little Laurel Creek. Based upon my
observations of the site, the construction should cause little impact on
the stream provided enough water is allowed to overflow or bypass (via a
spillway) the dam to protect aquatic life in the stream below it as well
as any other existing downstream uses. If any concreting is involved,
the stream should be temporarily rerouted to prevent contamination of the
water until the concrete has cured. The appropriate sediment controls
such as screening during construction and seeding with grass or covering
with mulch any bare ground remaining after construction should also be
implemented to reduce sediment loads on the stream.
If you have any questions, please call me.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]

An Equal Opportunity Affirmative Action Employer

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Dennis Stewart, Manager `
Habitat Conservation Program
DATE: February 17, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199200502, application by
Ms. Dorothy Gail Woodard to construct a trout rearing facility on Little
Laurel Creek at her property on Bowers Creek Road, Alarka Community,
Swain County.
The North Carolina Wildlife Resources Commission (NCWRC) has. reviewed the
information provided by the U.S. Army Corps of Engineers, and biological field staff
conducted a site visit on January 23, 1992. Our comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicant is requesting authorization to construct a 6-foot wide by 2-foot high by
6-inch thick concrete dam with an attached 3-foot wide by 10-foot long stainless steel
screened intake structure. The plans show a l=foot wide overflow in the dam to allow a
minimum flow of water within the stream. Water is to be diverted through a series-of six
32-foot long by 8-foot wide raceways and, two 8-foot by 5-foot concrete settling tanks, prior
to returning to Little Laurel Creek. Waste from the settling tanks is to be used as fertilizer
on the applicant's adjacent Christmas tree farm. The purpose of the work is to create a
facility for commercial rainbow trout production.
Little Laurel Creek (LTN 1-4-36-15) is a tributary to Alarka Creek (LTN 1-4-36),
which is Designated Public Mountain Trout Water and managed by the NCWRC as a put
and take trout fishery. Little Laurel Creek is a high gradient stream with numerous
cascades and waterfalls. It has a bank full width of 5-6 feet and a substrate of boulders,
cobbles, and ravel. Brook trout are present in this creek. No wetlands will be involved in - - -
the construction of the raceways. Riparian vegetation is dominated by yellow birch, Betula
alleghaniensis, and hemlock, Ts a canadensis. No federal or state listed threatened or
endangered species are known to be present. This project may cause short-term turbidity
during construction and could be detrimental to aquatic organisms if raw concrete escapes
into the stream.

Wilm
Wilmi
Action ID. 199200502
E2TMENf4FHE Y
s , @?g?r? s off? Engineers
,?iq,e. B6x 18
N d, (ggro? Flina y 8402-1890
January 16, 1992
PUBLIC NOTICE
DOROTHY GAIL WOODARD, 20 BOWERS CREEK ROAD, BRYSON CITY, NORTH CAROLINA
28713 has applied for a Department of the Army (DA) permit TO CONSTRUCT A
TROUT REARING FACILITY ON LITTLE LAUREL CREEK AT HER PROPERTY ON BOWERS CREEK
ROAD, Bryson City, Swain 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 the construction of a 6-foot -ide, 2-foot-high, 6-inch-thick
concrete dam with an attached 3-foot-wide by 10-foot-long stainless steel
screened intake structure. Water is to be diverted through a series of six
32-foot-long by 8-foot-wide raceways and two 8-foot by 5-foot concrete
settling tanks, prior to returning to Little Laurel Creek. Waste from the
settling tanks is to be used as fertilizer on the applicant's adjacent
Christmas Tree Farm. The purpose of the work is to create a facility for
commercial Rainbow Trout production. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
w
-2-
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not 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, flood plain values, 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.
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.
I

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The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after February 10, 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 February
3, 1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
February 14, 1992, or telephone [phone].
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor William W. Cobey, Jr., Secretary
May 22, 1992
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID
199200502 dated January 16, 1992 which describes a project proposed by Dorothy
Gail Woodard of Bryson City. The project, involving dam and intake structure
placement to facilitate trout rearing, is located on Little Laurel Creek, off
of Bowers Creek Road, in Bryson City.
Based on this coordinated agency review, the state will interpose no
objection. The Wildlife Resources Commission comments were most significant.
A copy of same was apparently sent to your Asheville office earlier in the
year and are also enclosed herewith.
For the record, the Division of Environmental Management issued the
required Section 401 Water Quality Certification, No. 2703, on March 13, 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,
John R Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management
Archives and History
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer