19920529 Ver 1_COMPLETE FILE_19921026

4-..-A
E 1- D
10 V
JAN 1 t 19M
State of North Carolina
Department of Environment, Health, and Natural ResOl ,'? "i a A° TY SECT?M
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor William W Cobey, Jr., Secretary
December 18, 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 Corp of Engieers Public Notice Action ID.
199203390 dated September 10, 1992 which describes a project proposal by
Richard G. Jennings of Canton. The project involves the placement of pre-cast
concrete medians in Big Snowbird Creek for access at a previously permitted
trout hatchery, near Robbinsville, in Graham County.
During the course of the re,;:'.ew, significant-,;comments aimed at pre,,,enting
stream blockage were submitted by the Wildlife Resources Commission. The
Wildlife Commission recommendations are supported by this viewpoint position
and are as follows:
1) The applicant must provide for fish passage at the diversion
dam through either a fish ladder approved by the N. C. Wildlife
Resources Commission (NCWRC) or by constructing only a partial
dam across the stream. A complete block to fish passage is not
acceptable to the NCWRC on this high quality stream.
2) Residual flow in the.stream below the intake must be of
sufficient magnitude to prevent destruction or serious
diminution of downstream fishery habitat. Under no conditions
may the entire flow of a stream be diverted to supply a fish
propagation facility.
3) Temporary ground cover (e.g., hardwood mulch, straw, etc.)
must be placed on all bare soil during construction. Per-
manent vegetation in these same areas must be established
within 15 days of ground-disturbing activities to provide
long term erosion control.
If Commission representatives can work out a slight modification allowing
for applicant access as well as fish passage, we will likewise support such
change.
P.O. Box 27687, Raleigh, North Carolina 2 7611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
.e- .. 14
.y.r40
Dr. G. Wayne Wright
December 18, 1992
Page 2
For the record, the Division of Environmental Management has issued the
required Section 401 Water Quality Certification No. 2790 was issued on
October 27, 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,
4lan ar er, J '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management L?
COE-Asheville
1

O
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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary October 27, 1992 Acting Director
Richard G. Jennings, Jr.
Jennings Sunburst Trout Farm
Route 3, Box 513
Canton, North Carolina 28716
Dear Mr. Jennings:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed completion of trout rearing facility
Project 4 92529, COE# 199203390
Graham County
Attached hereto is a copy of Certification No. 2790 issued
to Richard Jennings dated October 27, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
reston Howard, J P.E.
Attachments ?.?
cc: Wilmington District Corps of Engin ers
Corps of Engineers Asheville Regio l 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 919/571-4700 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
A
NORTH CAROLINA
Graham 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 Richard Jennings pursuant to an application filed on the 8
day of September 1992 to complete construction of a commercial
trout rearing operation.
The Application provides adequate assurance that the
discharge of fill material into the waters of Big Snowbird Creek
in conjunction with the proposed trout farm in Graham 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. No fresh or live concrete shall come into contact
with the waters of Big Snowbird Creek.
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 27 day of October, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
j
:A. Pkeston Howard, Jr. P.E.
r '.
WQC# 270
"
STAre q,
? r
OA
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
MMORANDUM
To: W. A. Preston Howard, P.E.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
? v
J
Roger N. Schecter
Director
8 X992 '? - '
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199203390
dated September 10, 1992 describing a proposed project by Richard G. Jennings, 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 October 12, 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.
t'z<
This office ? s the project proposal.
REPLY
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date l0 z_-
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
September 16, 1992
A _ C .. I n n u:.... ,.;.,.. A-;__ G. J,......
MEMQ - `y INITIALS-
G
Reviewer
TO: John Dorney WQ Supv:
Planning Branch Date: /0 2
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT-NO: 0000529 COUNTY: GRAHAM
APPLICANT NAME: JENNINGS SUNBURST TROUT CO.
PROJECT-TYPE: FISH HATCHERY PERMIT-TYPE: IND
COE_#: 199203390 DOT-#:
RCD_FROM CDA: COE DATE_FRM CDA: 09/08/92
REG OFFICE: ARO RIVER-AND-SUB-BASIN-#:/ 7/U
STREAM-CLASS: C_' 7pq -f
STR INDEX_NO: a - / 9,9 - 9- ( 15, 5-)
WL_IMPACT?: Y4V_.)
WL_REQUESTED:
HYDRO_CNECT?: YIN
MITIGATION?: Y/©
WL_TY+l?cyn f
WL_ACR YIN
WL_SCOR
MITIGATION TYPE!
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: 9 N
RECOMMENDATION (Circle One): ISS ISSUE/COND DENY
COMMENTS: b w o57ktA)1) S LuCF- ?T ?d2 tl& 5T29 snw
Na ! X R X, { ! S X Qee {t d k, T 14 Cl- r,r`? 0 t ('r/ c4 c rm ST) s;_4 bl
111rO hAkJn1L__ iC-CB nnMFAI-/sSu/?-Xj CC ?I Ge- /If,c? -
cc: Regional Office
Central Files

J `J

WETLAND RATING 'SYSTEM WORKSHEET
r-
Project No. or description Jennings Sunburst Trout Co. 199203390_
Location
County -Graham Nearest road or town _Robbinsville, NC_
River Basin _LTN
Nearest stream -Snowbird Creek and classification _C-Trout
Evaluator Kerry S. Becker
Agency and address -Environmental Management Asheville Regional Office_
Date and time evaluated -October 17, 1992 1530 hours
Major Wetland Type _No wetland involved-beyond the creek, itself
Approximate size of wetland system acres
Approximate extent of wetlands in area acres
within miles
Three most common plant species (in order):
1.
2.
3.
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection?
Existing Conditions
Drainage
Disturbance
Restoration potential
Restoration value
Is site known to provide habitat for rare, endangered or threatened
species? None known If so, list species observed or recorded.
Item Number
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
YES NO
Score (circle one)
5
5 4 3 2 1
(5 4 3 2 1 0
5 4 3 1 @0
5 4 3 (2? 1 0
4 3 2 1 0
5 4 3 2 1
5 4 3 2 1
5 4 3 2 1 0
4 3 2 0
5 4 3 2 1 0
Total Score a?
b 1
?
e 0 x . 0 . 4 w? ? ? /L 6,6 ? .?
1?
? FT) 5e
?
k

Site description and notes:
Snowbird Creek is a swift flowing, rocky bottom stream approximately 25
feet wide and 1-2 feet deep whose drainage encompasses portions of
Nantahala National Forest and the Snowbird Sassafras Ridge and ending with
its confluence with the Cheoah River at Lake Santeetlah. Snowbird Creek is
classified C-Trout at the proposed 401 site. The creek carries a HQW
designation from the headwaters to Polecat Branch approximately 0.4 mile
above the 401 site.
The proposed 401 site is located on Snowbird Creek approximately 1.0 mile
above its confluence with Little Snowbird Creek. The certification request
involves construction of a low water bridge to access a trout farm yet to
be constructed. The water intake structure denoted on the plans has
already been constructed.
No impact is anticipated from the above activities provided equipment is
kept out of the stream during installation of the pre-cast concrete blocks.
Standard sedimentation and erosion control measures such as silt screens
and seeding should be applied to stream bank areas disturbed during
installation procedures. The Asheville Regional Office recommends issuance
of a 401 certification for the project.
?..
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ti n
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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 September 16, 1992 Director
MEMORANDUM
TO: Mr. A. Preston Howard, 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. 199203390
dated September 10, 1992 describing a proposed project by Richard G. Jennings, 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 October 12, 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]
t
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203390
September 10, 1992
PUBLIC NOTICE
RICHARD G. JENNINGS, JENNINGS SUNBURST TROUT COMPANY, Route 3, Box 513,
Canton, North Carolina 28716 has applied for a Department of the Army (DA)
permit TO COMPLETE CONSTRUCTION OF A COMMERCIAL TROUT REARING FACILITY ON BIG
SNOWBIRD CREEK APPROXIMATELY 1.75 MILES UPSTREAM FROM THE CONFLUENCE WITH
LITTLE SNOWBIRD CREEK NEAR ROBBINSVILLE, Graham 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 (USACE). Plans submitted
with the application show the existing intake structure which was constructed
in 1985 under DA permit number CESAW-CO85-N-038-026, as well as work proposed
to complete the facility. The project permitted in 1985 was not completed
prior to the expiration of the permit. To complete the project, the applicant
now proposes to discharge approximately 14 cubic yards of concrete and rock
within the creek channel. Two parallel lines of pre-cast concrete medians,
12-foot apart, will extend from the riverbank to the existing concrete intake
box. Each median will be 10-foot long, 1-foot high, and taper from a 5-foot
bottom width to a 2-foot top width. The interior area will be filled with
riprap and railroad ballast. A steel grill will be welded to the top of the
intake box. Existing 16-inch PVC pipes will provide flow to eight 50-foot by
8-foot by 12-inch deep raceways, adjacent to the creek, to grow 1- to 3-pound
rainbow trout. Settling ponds will be constructed at the end of the raceway
system before the water returns to Big Snowbird Creek. The purpose of the
work is to complete an operational commercial trout rearing facility as well
as to provide vehicular access to the remainder of the property. 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 (NCDEM) 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
-2-
comment period specified in the notice, that a public hearing be hell
consider this application. Requests for public hearing shall state,
particularity, the reasons for holding a public hearing.
The District Engineer (DE) has consulted the latest published v
the National Register of Historic Places for the presence or absenc
registered properties, or properties listed as being eligible for i
therein, and this worksite is not registered property or property 1
being eligible for inclusion in the Register. Consultation of the
Register constitutes the extent of cultural resource investigations
DE, and he is otherwise unaware of the presence of such resources.
unknown archeological, scientific, prehistorical, or historical dat
lost or destroyed by work under the requested permit.

l to
wit
-sio of
of
!lus on
ted as
.tio al
lyt a
ese tly,
may be
The DE, based on available information, is not aware that the p opos
activity will affect species, or-their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 973.
The decision whether to issue a permit will be based on an evall
the probable impacts, including cumulative impacts, of the proposed
and its intended use on the public interest. Evaluation of the pro]
impacts which the proposed activity may have on the public interest
careful weighing of all those factors which become relevant in each
case. The benefits which reasonably may be expected to accrue from
proposal must be balanced against its reasonably foreseeable detrim
decision whether to authorize a proposal, and if so the conditions
it will be allowed to occur, are therefore determined by the outcome
general balancing process. That decision should reflect the nation
for both protection and utilization of important resources. All fa,
maybe relevant to the proposal must be considered including the cm
effects thereof. Among those are conservation, economics, aestheti
environmental concerns, wetlands, cultural values, fish and wildlif,
flood hazards and flood plain values (in accordance with Executive i
11988), land use, navigation, shore erosion and accretion, recreatii
supply and conservation, water quality, energy needs, safety, food
production, mineral needs, considerations of property ownership, an
general, the needs and welfare of the people. For activities invol,
placement of dredged or fill'materials in waters of the United Stag
permit will be denied if the discharge that would be authorized by ;
would not comply with the Environmental Protection Agencies' 404(b)
guidelines. Subject to the preceding sentence and any other applic,
guidelines or criteria, a.permit will be granted unless the DE date:
it would be contrary to the public interest.
The USACE is soliciting comments from the public; Federal, Sta
agencies and officials; Indian Tribes and other interested parties
atio of
acts ity
able
requ res a
part cular
the
nts. The
nder which
of he
1 co cern
tors which
ulat ve
s, g neral
val as,
,rder
n, w ter
nd f er
in
inq he
s, a
uch ?ermit
1)
ble
mine that
and local
n order to
e
-3-
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 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 NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, NCDEM,
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after October 5, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the NCDEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before
September 28, 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.,
October 12, 1992, or telephone [phone].
t f
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RICHARD Q JE NING
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SCALE IN MILES LOCATION MAP F BIG
SNOWBIRD REE
GRAHAM CO., N. C.
I OCTOBER IB, 1984 SHEE ?OF-jl-

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D IN N F.111", .
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers SB) I A 02
Post Office Box 1890
Wilmington, North Carolina 28402-1890
WETLANDS GROUP
WATER QUALITY SECTION
Action ID. 199203390 September 10, 1992
PUBLIC NOTICE
RICHARD G. JENNINGS, JENNINGS SUNBURST TROUT COMPANY, Route 3, Box 513,
Canton, North Carolina 28716 has applied for a Department of the Army (DA)
permit TO COMPLETE CONSTRUCTION OF A COMMERCIAL TROUT REARING FACILITY ON BIG
SNOWBIRD CREEK APPROXIMATELY 1.75 MILES UPSTREAM FROM THE CONFLUENCE WITH
LITTLE SNOWBIRD CREEK NEAR ROBBINSVILLE, Graham 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 (USACE). Plans submitted
with the application show the existing intake structure which was constructed
in 1985 under DA permit number CESAW-COBS-N-038-026, as well as work proposed
to complete the facility. The project permitted in 1985 was not completed
prior to the expiration of the permit. To complete the project, the applicant
now proposes to discharge approximately 14 cubic yards of concrete and rock
within the creek channel. Two parallel lines of pre-cast concrete medians,
12-foot apart, will extend from the riverbank to the existing concrete intake
box. Each median will be 10-foot long, 1-foot high, and taper from a 5-foot
bottom width to a 2-foot top width. The interior area will be filled with
riprap and railroad ballast. A steel grill will be welded to the top of the
intake box. Existing 16-inch PVC pipes will provide flow to eight 50-foot by
8-foot by 12-inch deep raceways, adjacent to the creek, to grow 1- to 3-pound
rainbow trout. Settling ponds will be constructed at the end of the raceway
system before the water returns to Big Snowbird Creek. The purpose of the
work is to complete an operational commercial trout rearing facility as well
as to provide vehicular access to the remainder of the property. 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 (NCDEM) 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
s?I ? y72
A OW
iivMc.rxjw
yTi
comment period specified in the notice, that a public hearing be hell to
consider this application. Requests for public hearing shall state, wit
particularity, the reasons for holding a public hearing.
The District Engineer (DE) 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 in lusion
therein, and this worksite is not registered property or property li ted as
being eligible for inclusion in the Register. Consultation of the N tional
Register constitutes the extent of cultural resource investigations y the
DE, and he is otherwise unaware of the presence of such resources. Presently,
unknown archeological, scientific, prehistorical, or historical data may e
lost or destroyed by work under the requested permit.
The.DE, based on available information, is not aware that the pr poe
activity will affect species, or their critical habitat, designated s
endangered or threatened pursuant to the Endangered Species Act of 1 73.
The decision whether to issue a permit will be based on an evalu tion of
the probable impacts, including cumulative impacts, of the proposed ctiv'ty
and its intended use on the public interest. Evaluation of the prob le
impacts which the proposed activity may have on the public interest squires a
careful weighing of all those factors which become relevant in each articular
case. The benefits which reasonably may be expected to accrue from he
proposal must be balanced against its reasonably foreseeable detrime ts. The
decision whether to authorize a proposal, and if so the conditions u der which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the nations concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cum lat' e
effects thereof. Among those are conservation, economics, aesthetic 3, g neral
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, recreatio , water
supply and conservation, water quality, energy needs, safety, food aid fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involv'ng the
placement of dredged or fill'materials in waters of the United State , a
permit will be denied if the discharge that would be authorized by s ch permit
would not comply with the Environmental Protection Agencies' 404(b)( )
guidelines. Subject to the preceding sentence and any other applic le
guidelines or criteria, a permit will be granted unless the DE dete ines that
it would be contrary to the public interest.
The USACE is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties i or er to

-3-
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 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 NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, NCDEM,
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after October 5, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the NCDEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before
September 28, 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.,
October 12, 1992, or telephone [phone].

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RICHARD D. JEN INGS
0 1/2 I
SCALE IN MILES LOCATION MA OF BIG
SNOWBIRD CREEK
GRAHAM CO., N. C.
OCTOBER 15, 1984 HEET OF ''`
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enninys Sunburst Trout Company ?-
Mr. G. Wayne Wright
Chief, Regulatory Branch
Dept. of Army - Wilmington District
P. 0. Box 1890
Wilmington, NC 28402 - 1890
Dear Mr. Wright: 1W
RT. #3, BOX 513
CANTON, NORTH CAROLINA 28716
[phone] • [phone]
FAX [phone]
October 14, 1992
In reference to your letter of September 23, 1992, re-
garding action ID199203390:
ITEM A: Our application to build an access route to
property on Big Snow Bird Creek in Graham County, North Caro-
lina, an intake for a trout farm on said property (which was
done several years ago), and the actual trout farm have been
designed to be the least possible environmentally altering
plan. This is true because the approach route will be a
series of three sets of parallel cement slabs, already cast,
placed by a crane, placed directly on the creek bottom with
clean rip-rap placed between them in such a manner as to create
a stable ford. The pipeline from the intake structure to
the raceways and the receways themselves will all be put in
place well above any possible flood plane and without any
potential erosion back into the Snow Bird Creek.
ITEM B: There are no wetlands near this proposed site.
ITEM C: Since there are no wetlands near the proposed
site, no mitigation would be indicated.
The intake, pipeline, and raceways are the standard
structures involved in trout farming, since trout farming is
totally, 24 hours/day, 1440 minutes/day, water dependent.
Sincerely,.
Richard G. Jennings, Jr.
RGJ/sce
F D I __ ? @ N 0
lJl1 rou 2 z
_c-Q: M John Dorney
Mr. David Baker
i?

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I
i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 23, 1992
Regulatory Branch
Action ID. 199203390
Mr. Richard G. Jennings
rsTrbut Company-
Route 3, Box 513
Canton, North Carolina 28716
Dear Mr. Jennings:
Reference your application for Department of the Army (DA) authorization
to place excavated/fill materials in waters/wetlands of Big Snowbird Creek
associated with completion of a commerical trout rearing facility, near
Robbinsville, ;County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
-f*,VwW

-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by October 22, 1992. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. David Baker,
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
?? Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 3, 1992
Regulatory Branch
Action ID. 199203390
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

n
IISy 9 ,
Sep .8
Enclosed is the application of Jennings Sunburst Trout Company, for
Department of the Army (DA) authorization and a State Water Quality
Certification to.discharge fill material into Big Snowbird Creek in
conjunction with the completion of a trout rearing facility near Robbinsville,
Graham County, North Carolina. The existing intake structure was constructed
in 1985 under DA authorization. The remainder of the work was not completed
before our permit expired (CESAW-CO85-N-038-026). 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 DA 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 November 3, 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 Wr'
Chie , Regul ory Branch
Enclosure
P.a -*° .

. 7`N
& . ,A
-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
qo
199a0 3396
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
projects, or those in ecologically sensitive areas. could take up to 500 hours. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projects, 121S Jefferson
Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (07100003), Washington, DC 20503. Please
DO NOT RETURN your completed form to either of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the I
location of the proposed activity.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and Section 103 of the Marine,
Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this forth will be used
in evaluating the application for a permit Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is
not provided. the, permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings,
and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be resumed.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
SAME
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT
Richard G. Jennings, Proprietor ABC( ) (Residence)
s Sunburst Trout Co.
Jennin ABC( > (Office)
g
Rt. 3, Box 513 Statement of Authorization: I hereby designate and authorize
Canton, NC 28716 to act in my
'
Telephone no. during business hours the p ssilig of this permit application and to furnish,
behalf as my agen
upon requests pl rrhh n in support the application.

( 704 274-7664 (Residence) sIGNA E DATE
ac( 70? 648-3010 (office) 8-24-92

4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a ACTIVITY
To grow fingerling rainbow trout up to weights from 16-48 ounces.
4b. PURPOSE
SAME
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
Only a previous agreement with U. S. Forest Service to fill an existing
pit with dirt made surplus by construction.
ENG FORM 4345, Sep 91 EDITION OF JAN 91 IS OBSOLETE (Proponent: C'
5. NAM S AND ADDRESSES OF ADJOINING. PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
U. S. Forest Service, Robbinsville Office
Fred Naborgall, Robbinsville, NC Tel: [phone]
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Approximately 1A miles upstream from Wilkey home at Fork of
Little and Big Snowbird
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Graham County, NC
COUNTY STATE ZIP CODE
Graham County Government
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? 1' YES ? NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
Approximately 1985. The intake for the hatchery was completed and remains
intact.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
US Army Corps
of Engineers SAWC085-N-038-0026 Feb. 15, 1985
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information 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 pro activities or I am acting as the duly authorized agent of the applicant.
August 24, 1992
SIGNATUR
4? LICAt4T DATE SIGNATURE OF AGENT DATE
i
The application mu a 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 falsities, 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 dw five years, or both.
fReverstr of ENG FORM 4US) *U.S. Government Printing Olflow 1991 - 526.23'
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WESTERN NORTH CAROLINA !_._. \-•-
RICHARD D. JENNINGS
1/2
IN I L ES LOCATION MAP OF BIG
SNOWBIRD CREEK
GRAHAM CO., W. C.
OCTOBER 13, 1984 SHEET_OF_

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