20180119 Ver 2_2017-00911 Repsonse Ltr Nov 2018_20181101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
November 1, 2018
Action ID: SAW -2017-00911
C.R. Brown Enterprises, Inc.
Attn. Howard Brown
P.O. Box 2391
Andrews, North Carolina 28901
Mr. Howard Brown,
Reference is made to your e-mail of September 20, 2018, with attachments [request for
modification of special conditions; NC Division of Water Resources (DWR) memorandum dated
October 13, 1992; NC Wildlife Resources Commission (WRC) letter dated August 30, 2018;
DWR's request for additional information dated September 6, 2018; your response dated
September 19, 2018, to DWR's request for additional information], your response to the Corps
dated October 24, 2018, and conversations with this office during September and October
pertaining to stream withdrawals for the proposed trout farm facility at 339 Cold Springs Creek
Road near Topton in Macon County. The Corps issued, under Nationwide Permit (NWP) 18, a
general permit verification on April 10, 2018, and re -verification on September 13, 2018,
authorizing jurisdictional stream impacts to Cold Springs Creek associated with the water intake
structure for the trout farm facility.
You have requested modification of the Corps' issued general permit verification.
Specifically, this request seeks to increase the stream withdrawal amounts for the proposed trout
farm facility. You have indicated the need of a 1,000 gallons per minute flow (2.23 cubic feet per
second) to be taken from Cold Springs Creek. Based upon the information submitted and
conversations with you, this flow needs to be constant during the fish growing season (mid-
March to mid-November). You have requested to divert 90% of the stream flows at the water
intake structure during all periods the trout farm is operating. The basis for the 90% diversion
amount is the DWR memorandum dated October 13, 1992, (1992 Memo) and WRC letter dated
August 30, 2018, from M. Kyle Briggs (Briggs Letter), which states adherence to the 1992
Memo flow criteria will provide adequate protection to aquatic organisms in the bypassed reach
of Cold Springs Creek.
After review of the submitted request, supporting documents, and conversations with you,
the Corps has the following comments.
1. Department of Army authorization is required for the discharge of fill material in waters of
U.S. (WoUS), pursuant to section 404 of the Clean Water Act. The proposed trout farm
project would place fill material into Cold Springs Creek for the construction of the water
withdrawal structure.

2. The Corps reviews all requests for verification under the NWP program, along with
submitted supporting information, to ensure the proposed actions meet the terms and
conditions of the NWP.
3. The Corps may add case specific special conditions to a NWP verification to address project
and site-specific environmental concerns. Special conditions are incorporated with an issued
verification to reduce the activity's adverse environmental effects so that they are no more
than minimal and to ensure the activity complies with the terms and conditions of the NWP.
The Corps added special conditions to the issued general permit verification dated April 10,
2018, and re -verification 01 dated September 13, 2018, to ensure the project meets the
general and regional conditions of the permit.
4. The Corps, in a special condition of the issued general permit verification and re -verification,
authorized you to take greater water withdrawal amounts from the stream if you return the
diverted flows to Cold Springs Creek adjacent to the intake structure, resulting in no
significant de -watering of the stream reach below the water intake structure.
5. Per the conditions of NWP 18, your January 2018 permit request and supporting information
was forwarded to supporting agencies for comments in accordance with the Corps'
verification process. The Corps takes into account any comments or recommended permit
requirements from supporting agencies concerning the proposed activity. In reviewing these
comments, it is the Corps' decision to determine if the comments and recommendations
support the terms and conditions of the permit, applicable laws, guidance, and policy.
6. If a supporting agency's comments or recommendations change during the permitting
process or re -verification process, the Corps must make sure these changes still meet the
terms and conditions of the NWP.
7. Based upon the Corps' review of the proposed project information, the stream withdrawal
flow rates noted in the 1992 Memo and Briggs Letter do not meet NWP general conditions 2
(Aquatic Life Movements) and 9 (Management of Water Flows). Reference the enclosed
NWP 18. Also, the Briggs Letter is contradictory to previous comments and information
submitted by this agency pertaining to withdrawal flow rates for this project.
Obtaining reasonable estimates of water flow in Cold Springs Creeks at the location of the
intake structure is essential for the determination that the proposed action meets the terms and
conditions of the NWP. This information is also necessary in the design and operation of a trout
production facility. Your permit application and request for re -verification did not contain
estimates of water flows in Cold Springs Creek at the location of the intake structure. Therefore,
the Corps and supporting agencies generated estimates of stream flows at the project location
using available public data from the area (e.g. FERC relicensing of Nantahala Project-Whiteoak
Creek Dam, US GS StreamStats report, and Whiteoak Creek Minimum Flow Project). See
enclosed Corps summary of estimated flows.
Alteration of the existing stream flow regime can have cascading effects on the physical,
chemical, and biological properties of a stream's ecosystems. For example, conductivity,
sedimentation, and water temperature can increase when flow volumes are reduced, whereas
erosion and sediment transport can increase with amplified flow volumes. These changes to a

stream can in turn lead to the degradation of aquatic life as a result of the loss and disconnection
of high-quality habitat. Additionally, altered flows can fail to provide the cues needed for aquatic
species to complete their life cycles and can encourage the invasion and establishment of non-
native aquatic species.
Changes to a stream's flow volume may result in loss of WoUS, such as when a stream is
anthropogenically or permanently dewatered or dewatered well beyond its natural variability. If it
is determined the stream reach below the intake structure results in significant impacts or a loss of
WoUS due to the operation of the proposed trout farm, the Corps may require compensatory
mitigation.
In order to consider your latest request for modification, the Corps requests submittal of the
following site specific information.
1. Hydrology assessment of the stream reach starting at the withdrawal structure location to a
point 500 feet downstream. The information should contain at a minimum stream flow
analysis, hydrologic analysis of the effects of proposed withdrawal amounts, determination
of low flows, determination of normal. flows,- observed water depths within the reach, and
current wetted widths within the stream reach.
2. Aquatic life survey and inventory (presence, identification, and number of bryophyte, benthic
invertebrate, amphibian, and fish species) of the stream reach starting at the withdrawal
structure location to a point 500 feet downstream.
The Corps needs be able to evaluate all of the project's potential impacts to WoUS in order
determine if the project meets the NWP conditions. Particularly, this requested site specific
information will be used to aid in the evaluation of the proposed action meeting general
conditions 2 and 9.
Please provide the information requested by January 31, 2019. Failure to submit this
information may result in your application being administratively withdrawn. Also, please copy
Mr. Zan Price of DWR and Ms. Andrea Leslie of WRC on your response(s). Once the Corps
receives the additional information we can continue to process your request. If you have any
questions do not hesitate to contact me.
incerely,
David Brown, PG
Regulatory Specialist/Geologist
Asheville Regulatory Field Office
Copies Furnished:
Zan Price
NCDEQ Asheville Regional Office
Division of Water Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778

Andrea Leslie
NC WRC
645 Fish Hatchery Road
Marion, North Carolina 28752