19930331 Ver 1_COMPLETE FILE_19930503

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State of North Carolina WArEVQjt ,ry
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor October 27, 1993 Jonathan B. Howes, Secretary
Dr. G. Wayne Wright
Corps of Engineers
P. O. 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. 199203603 dated September 23, 1993
which describes a request by the USDA Forest Service to complete the dredging of Lake
Powhatan and restoration of a section of Bent Creek, below the dam. The project is located in
Pisgah National Forest, Asheville in Buncombe County.
During the course of the review, important comments were submitted by four cooperating
agencies. At this writing, four agencies, including the Divisions of Health, Archives and
History, Land Quality and State Property have yet to respond. Inasmuch as the due date has
passed and in an effort to allow the Forest Service to move forward, we offer the following
summary of comments for the record:
Wildlife Resources Commission - in an October 5 memorandum, provided an
indepth review with important recommendations. A copy of this, according
to the memorandum, has been provided your Asheville office by the Commis-
sion and a copy, is provided herein;
Division of Environmental Management - issued the required Section 401
Water Quality Certification on October 1. Certification No. 2855 provides
important safeguards and conditions for restoration agreed to in a joint
meeting;
Division of Water Resources - recommends a continuous minimum flow during
the project completion (see attached);
Division of Parks & Recreation - cautions about an endangered plant species
(see attached).
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
50% -yded/10% p,M,-mnau F-Ptr
A a..
Dr. G. Wayne Wright
Page 2
October 27, 1993
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the responding agencies.
Very sincerely,
Jo R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management
Parks & Recreation
Division of Water Resources
COE--Asheville
Enclosure
? . .. s
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor F=
Jonathan B. Howes, Secretary ? H N 11
A. Preston Howard; Jr., P.E., Director
October 21, 1993
Randle G. Phillips
Acting Forest Supervision
U.S. Forest Service
U.S. Federal Court House Building
100 Otis Street
P.O. Box 2750
Asheville, N.C. 28802
Dear Mr. Phillips:
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed Lake Powhatan dredging and Bent Creek cleanup
Project # 93331, COE # 199203603
Buncombe County
Attached hereto is a copy of Certification No. 2855 issued to
U.S. Forest Service dated 21 October, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
4 I
-reston- owar , Jr. P.E.
i ector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Randle G. Phillips
October 21, 1993
Page 2
NORTH CAROLINA
Buncombe 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 N.C. Forest Service in
Buncombe County pursuant to an application filed on the 24th day of
September,1993 to drain and dredge Lake Powhatan and remove sediment
from Bent Creek.
The Application provides adequate assurance that the discharge of
fill material into the waters of Lake Powhatan in conjunction with the
proposed development in Buncombe 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. U.S. Forest Service shall preform channel restoration
work on Bent Creek downstream of Lake Powhatan at
specific sites to be selected by DEM. Restoration is
to include the removal of sediments from the creek by
use of small sized heavy equipment with rubber tires.
The equipment should be capable of selectively removing
sediments with minimal streambank and natural bottom
disturbance. Portable dredge equipment and hand labor
(in combination with the above) may also be necessary
and are authorized in order to complete the required
channel restoration work.
3. Excavated material resulting from the channel restoration
to be placed on high ground as far from the bank of the
creek as is practical as long as it is not jurisdictional
wetlands. The material is then to be spread in an effort
establish a thin soil layer that is easily integrated into
the surrounding environment. All such areas are to be
seeded and mulched as soon as is possible.
is
to
i
Randle G Phillips
October 21, 1993
Page 3
4. Established instream sediment retention basins (1 at
the upstream base of the dam and 3 downstream of the
dam) are to be maintained throughout the life of
the project and will be cleaned out and left in place
following project construction. The basins are to be
monitored on no less than a weekly basis and more
frequently where storm events may require. All
material generated from this maintenance activity is to
be placed and retained on high ground well away from
waters or wetlands.
5. Before any work begins, the permittee and his
contractor will meet onsite with a representative of
N.C. Department of Environmental Management to review
project conditions and insure overall compliance with
this permit.
6. The work authorized herein includes periodic
maintenance which may be performed for ten years from
the date of this permit provided:
a. The permittee will advise Department of
Environmental Management in writing at least two
weeks before he intends to undertake any
maintenance dredging.
b. The proposed area to be dredged, method of
dredging and disposal of dredged material
will be in strict accordance with that
authorized by this permit.
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 or Coastal Area Management Act Permit
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
This the 21st day of October, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
reston Howard, P.E.
rector
WQC# 2855
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]

TELECOPY TO.
FAX NUMB
FROM:
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX 90 qJ _?? r7 L-_ 7 1j
FROM:
PHONE•
V
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
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N.C. Dept. of Environment, Health, and Natural Resources
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MEMO
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N.C. Dept. of Environment, Health, and Natural Resources

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OFFICE:
NUMBER OF PAGES INCLUDING COVER SHEET:
REFERENCE:
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P. 114
US ARMY CORPS OF ENGINEERS
Regulatory Field Office
Rm 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, NC 28801-2714
FROM: L?c) 6 ?o>~fn/.???J
FAX: [phone]
PHONE: [phone]
COMMENTS-
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For Your Information
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N. C. DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
ASHEV'ILLE REGIONAL OFFICE
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
TO:
FAX #:
FROM:
U
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DATE: A-) ` 3
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MESSAGE: _If questions, please call 704/251
TB'd 8S2T222,6TGT6 01 aNH39 0?1 ajitnaysd WOad 8Z:ST S66T-BZ-100
IV
State of North Carolina
Department of Environment, ffl:.8?FA
Health, and Natural Resources /
Division of Environmental Management
I 6v
James B. Hunt, Jr. Governor C
Jonathan B. Howes, Secretary F1i
Nann Guthrie, Regional Manager
Asheville Regional Office
WATER QUALITY SECTYON
October 20, 1993
MEMORANVU14
TO: John Dorney, Special Projects Supervisor
Program Planning Unit
THROUGH: Forrest R. Westa
Regional Water Qua ervisor
FROM: Max L. Haner, Envi nmental Che ist
Water Quality Section / ARO
SUBJECT: Additional Recommendations
401 Certification of Permit 819 (1993)
(Continuation of Permit Number 92395)
Sediment Removal from Stream Segment
Downstream of Lake Powhatan Dam
French Broad River Basin
Buncombe County, North Carolina
As you are aware, ARO's recommendation for issuance of a 401 Water
Quality Certification for this project was conditioned to require
removal of sediment material from the 2-3 mile Bent Creek segment
between Lake Powhatan and the French Broad River. Sediment material
was drained into Bent Creek from Lake Powhatan as result of damage to
the gate structure in the dam during preliminary work in accordance
with Corp of Engineer (COE) Permit Number 92395 (mechanical dredging
of lake). Significant modification to the project caused the COE to
request permit reapplication by the USDA Forest Service which when
submitted was without reference to sediment removal from the stream
segment downstream of the dam.
Bent Creek bears a Class "WSIV" classification for this segment with
the last 0.4 mile being classified as "WSIV CA" due to the proposed
french Broad River intake by the Asheville/Buncombe Water Authority.
Even though this stream segment is not protected as trout water by DEM
classification, it is managed and recognized as a well-known trout
water fishery. Release of sediment material caused violation of the
Antidegradation Policy administered by this Division and certain
(albeit not measured) violation of turbidity standards assigned to
Interchange guiding, 59 woodfin Place, !Asheville, N.C. 28801
Telephone [phone] Paz 704/251-6254
ZGa*d 822TSSL6 % % Ol INHDG 0?J aIITA`ySH Wo?I BZ:ST S66T-OE-i00
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John Dorney
Memorandum
October 20, 1993
Page Two
these waters. Tn addition, I am advised that no erosion control plan
was prepared for this activity.
A meeting held in this office on Friday, October 15, 1993, to resolve
these concerns resulted in agreements between the Forest Service, COE,
US Fish & Wildlife, Wildlife Resources Commission and this
Department's Division of Land Resources that satisfies ARO's condition
for the subject 401 Certification. The list of proposed COE permit
conditions outlining these agreements is enclosed herewith and you
will note that Conditions 1 & 2 positively address the sediment
question in the impacted stream segment.below the dam. Given the
merit of each one of these proposed conditions, however, it is
recommended that if possible the entire list be referenced as basis
for the 401 Water Quality Certification of this project..
Should you have questions, please advise.
Enclosure
?7'Gl'A R'7T5°7).FTFTF nl NNH?IQ MI att?naysH WONJ 6Z:ST S66T-0E-100
ANT
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N.C. Dept. of Environment, Health, and Natural Resources
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® North Carolina Wildlife Resources /b7#rWn-'1s-sbW
512 N. Salisbury Street, Raleigh, North Carolina 27604-1 88, 9-733-3391 9
Charles R. Fullwood, Executive Direct r W' A
wArER AS /?OUP
ITY??OT,nrV
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program ORIGINAL SIGN )D Y".
DATE: October 5, 1993 STEFR&NIE OU R U
SUBJECT: U.S. Army Corps of Engineers Public
199203603, Review of an application
National Forest in North Carolina f
permit to continue and complete the
dredging of Lake Powhatan in Pisgah
Bent Creek, Buncombe County.
Notice No.
by the USDA
Dr an after-the-fact
lake drawdown and
National Forest,
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers (Corps), and Mr. Micky Clemmons conducted a site visit
with Corps and U.S. Forest Service (USFS) personnel on September
14, 1993. 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.).
Initially the USFS proposed to drain Lake Powhatan, remove
lakebed sediments by trackhoe and improve the beach area by
adding sand in order to upgrade recreation facilities at Bent
Creek and reduce existing erosion problems. Complications
associated with lake drawdown and misunderstandings over what
permits were needed resulted in discharges into Lake Powhatan and
Bent Creek, as well as the release of hundreds of cubic yards of
sediment downstream into the stream channel. Therefore several
activities are proposed as either after-the-fact activities or
activities needed to correct resulting poor environmental
conditions.
The applicant proposes to leave or construct 4 sediment
traps to catch sediment that was flushed downstream below the dam
and additional sediment that may continue to erode from the
lakebed. In addition, the applicant proposes to leave a newly

Memorandum Page 2 October 5, 1993
constructed equipment pad within the lakebed until the end of the
project when the pad will be removed. At that time a new stream
channel will be excavated through the lakebed if needed to reduce
erosion.
Bent Creek and Lake Powhatan are Hatchery Supported
Designated Public Mountain Trout Water (DPMTW). Bent Creek
offers fair habitat for trout and may support a small wild trout
population as well as populations of other fish species. Lake
Powhatan can support trout during the colder spring months and
supports small populations of other fish species. Both Bent
Creek and Lake Powhatan are heavily fished by anglers. The water
depth in Lake Powhatan has been greatly reduced due to
accumulated sediment and increasing the depth of the lake will
improve fisheries habitat. No federal or state listed threatened
or endangered species are known to be present at this site.
The NCWRC is concerned about adverse impacts to aquatic
resources resulting from this project. The NCWRC does not object
to the issuance of the permit, provided the following conditions
are met by the applicant. Below are general recommendations that
should be applied to the entire project and specific
recommendations which address each project activity.
1) The USFS should develop a mitigation plan that addresses
damage to aquatic habitat in Bent Creek below the dam.
Measures may include removal of sediment by suction, removal
of sediment using settling basins, revegetation of areas
damaged by heavy equipment, and restocking of fish killed by
the release of sediment from the dam. We recommend that the
USFS develop various options, then meet with the Corps, U.S.
Fish and Wildlife Service (USFWS), and NCWRC to discuss the
preferred course of action for mitigating damage done to
Bent Creek.
2) When the dam is repaired a riser system should be installed
that prevents the accumulation of sediment against the
release gate. The design should also include a coldwater
release.
3) The possibility of installing a trap upstream of the lake
that would catch sediment before it enters the lake should
be investigated. This structure would allow for the regular
removal of the sediment on a smaller scale.
4) This after-the-fact application is an indication of the
general confusion that exists among USFS personnel about
what activities are permitted by the Corps. This confusion
is understandable because many USFS activities are exempt
from Section 404 permitting. We recommend that meetings be
arranged between the Corps and each Ranger District to
Memorandum Page 3 October 5, 1993
clarify when the USFS should obtain 404 permits.
Mechanical dredging of lake bottom sediments
5) This action will improve fisheries habitat in the lake and
improve angler experiences. -However, removal of sediment
should not be done near running water. If sediment removal
must be done near the active stream channel, a new stream
channel should be excavated, stabilized and the stream moved
into it before excavation begins so that water flow of good
quality is maintained in Bent Creek downstream of the dam.
Construction of a temporary equipment pad
6) Erosion should be controlled by seeding and stabilizing the
pad while it is in place. Temporary ground cover (e.g.
hardwood mulch, straw, etc.) should be placed on all bare
soil. The pad should be removed before the lake is filled,
and the lake bank at this site should be revegetated.
Permanent vegetation in this area should be established
within 15 days of project completion to provide long term
erosion control.
7) Waste earthen material should not be placed in any stream,
wetland, or below the normal high water mark of the lake, or
within the 30-foot riparian zone of any stream.
Excavation of deepened stream channel
8) This activity should not be undertaken unless the USFS,
Corps, USFWS, and NCWRC determine that the sediment traps
are not capable of collecting the sediment being transported
downstream.
9) The objective of this action could be realized by dredging a
new channel within the lakebed in the area the application
indicates will be dredged. When this new channel is stable
the active stream could be moved into it.
Temporary instream sediment traps
10) Sediment traps appear to be the best option for controlling
both sediment that has been flushed out of the lake and
additional sediment that continues to erode from the
lakebed. These traps should be inspected at least once a
week and more often if rainy weather occurs and should be
cleaned out when one-half full to maintain their efficiency.
11) If sediment continues to be transported below the lowest
basin, additional sediment traps should be constructed and
other options should be considered. The applicant should

Memorandum Page 4 October 5, 1993
conduct regular inspections of the stream below the lowest
trap to determine if sediment is accumulating in this area.
Construction of a temporary sediment trap within the lake
12) We support this added protective measure.
Placement of sand in public swimming area
13) We do not oppose this activity.
Thank you for the opportunity to review and comment on this
project. If there are any questions regarding these comments,
please contact Mr. Micky Clemmons at 704/452-0422.
cc: Mr. Micky Clemmons, District 9 Fisheries Biologist
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
Mr. Steve Reed, DWR
Mr. David Baker, Corps, Asheville
C
A
Of` i
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:_
FAX NUMBER:-
FROM:__

?04 - a51- a63
PHONE: qIJ -733 1-7?
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
K,
FAX NUMBER:
FROM:_ PHONE-
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
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TRANSMISSION REPORT

( OCT 14 '93 11:03RII )

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* OCT 14 11:01AN ASHEVILLE RO G3E ST 81'48" OK 85

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TY:EAP qIN,, ',"T' m
J,.-.hn Do-?~ney
Planning Branch
SUIBJECT : WETLAND STAFF REPORT AND
Y*EAC'.H ITEM MUST BE ANSW
PERMIT YR: ? PERMIT N
APPLICANT NAME: PISGAH NATIONAL
PROJECT TYPE: DREDGE SEDIMENTS
COE #:
RCD_FROM _CDA: nPP
REry_OFFICE: ARO
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The rating system cannot be ap plied to salt marshes. '
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49

i\. •Fu
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Ann B. Orr
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
May 7, 1993
MEMORANDUM
TO: John Dorney, Special Projects Supervisor
Program Planning Unit _ /I
Through: Forrest R. Westall?
Regional Water Quali Pa isor / ARO
From: Max L. Haner, En" ro h7tn/?A
Water Quality Secti n / ARO Subject: Comments and Recommendation
for Modification of 401 Certification
Permit Number 92395
Proposed Sediment Removal
by USFS - Lake Powhatan
French Broad River Basin
Buncombe County, North Carolina
The proposed modification to subject project as submitted by USES on
April 23, 1993, is simply for a change in the method of removing solids
from Lake Powhatan and approval of those additional measures that will
be employed to minimize downstream siltation and water quality problems.
Repair to the outlet structure must be scheduled prior to dredging
activities instead of after this work as originally proposed. Solids
will still be deposited in the same upland disposal area, but will
utilize a mechanical dredge instead of suction for their removal from
the lake. DEM initially approved this project on 9/18/92.
Those measures proposed by USFS to (1) maintain a settling pool behind
the dam to allow removal of solids prior to lake discharge, (2)
regulated the rate of discharge from the dam as much as possible, and
(3) place check dams or erosion control structures instream to diffuse
tributary flows into the lake during dredging activities are consistent
with agreements made with Forrest R. Westall of this office on or about
mid April, 1993. These measures should reasonably minimize downstream
water quality problems from this project. Therefore, it is recommended
that the proposed modification be approved and the project allowed to
proceed to completion under the original certification as requested.
Should you have questions, please advise.
Interchank•c Ruilding, 59 WN-din Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Af innative Action Employer
4P - t
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 30, 1993
S: November 30, 1993
Regulatory Branch
Action ID. 199203603
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:
Enclosed is the after-the-fact application of the U.S. Forest Service, for
Department of the Army authorization and a State Water Quality Certification
to retain fill material discharged into Lake Powhatan and Bent Creek in
conjunction with lake drawdown in preparation for mechanical dredging of
accumulated sediment from the lakebed. Continuation of the work proposed by
the USFS will include discarges of dredged and/or fill material associated
with beach expansion, temporary movement and stockpiling of sediment below the
plane of ordinary high water, creation of islands and peninsulas, and dam
resurfacing and gate replacement. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 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, or asked for an
extension of time, by November 30, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to David Baker, Asheville
Regulatory Field Office, telephone [phone].
Sincerely,
G. W e Wri
Chief, Regult
r
anch
Enclosure
• s
-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
SEP 22 '93 08:17 COE-ASHEVILLE P.2/12
. y D Z/
United States Forest National orests United Stares Federal
?..,, -Department of Service in North Carolina Court House Building
Agriculture 100 Otis Street
P.O. .Box 275b
_ __?_ _ _ ,l 99 D d 3 Asheville, NC 28802
Reply to. 2510
Date: September 20, 1993
Mr. Robert Johnson
U.S. Army Corps of Engineers
Regulatory Field Office
37 Battery Park Avenue, Room 75
Asheville, NC 2$$01-2714
Dear Mr. Johnson:
Enclosed is an application for a Corps of Engineers (COE) 404 permit to
repair/replace the outlet structures of the dam of Lake Powhatan and to dredge
sediments from the lake. This application covers all pQtentially regulated
work in the project area. Please note that some of the work, such as the
excavated stream channel, will only be constructed if it is deemed necessary to
control excessive erosion of the lake sediments.
As noted in Black 8, some work on this project has already been accomplished,
as you are well aware. This includes the construction of the temporary
equipment pad and the temporary deposition of sediments and wasted gate
structure on the lake bottom. Additionally, the three sediment traps below the
dam were built following the'COE verbal approval given on site on September 14,
1993•
Please be assured that it was never the intention of the Forest Service to
initiate this project without the proper Section 401E (clean Water Act) permit
from the COE. Work was started on the gate structure repair based on Donley
Hill's understanding, following discussions with the burps and N.C. Department
of Environmental. Management (NC-DEN) that the drawdown.'and-gate repair did not
require a permit. We do understand now that the minor temporary deposition of
fill for the equipment pad and near-outlet sediments do indeed need a permit.
We would appreciate that the review and permitting process
as possible. We want to proceed with the gate repair and
once the contract is awarded so we can further reduce the
sedimentation.
S Caring for the lend and Serving People
be expedited as much
sediment dredging
risk of downstream
F54200-200192)
. , SEP 22 '93 00:18 COE-RSHEVILLE P. 3:'12
GO'Mr Robert Johnson 2
By copy of this letter to Mr. John Dorney, NC-DEM, we are requesting a State
401 Water Quality Certification for the project. Both Micky Clemmons of the
N.C. Wildlife Resources Commission and Max tuner of the N.C. Divfsioft of
Environmental Management. Water Quality Section, have been cn site to review
what is being done.. We will send each of these agencies copies of this
application for their Comments.
Sincerely,
RANDLE G. PHILLIPS
Acting Forest Supervisor
Enclosure
cc! Micky Clemmons. NC-WRC, Waynesville
Forrest Westall, NC-DEM. Asheville
John Dorney, NC-DEM, Raleigh
Caring for the Land and Serving People
FS-6200-2SM3192}
SEP 22 99 oe:ie COE-ASHEVILLE P.4i12
APPLICATION FOR DEPARTMENT OF TH9 ARMY PERMIT ON& APPROVAL NO. 01104003
(W CFR 325) EKpirsts SO Sdpfembar Im
i'ubitc rspadng burden lar this colm ad mn of knfornnndan is ssdmWWd b average 6 hours put rssponss for Nis majority d uses. W.1hu Ytp 0 t<nN far !wlswlrq fnaducdom.
swcW.y existing data sourm, gadwrkng and mei Wning dw data nsadsd, and wnvW*v and mvlswirp On cokedon of infamadw. Appkado,w for isw or more OMVW
pmki %. or dross kn ecaologkcelt f s4mOve areas. muW take up Io 504 hours. Send cormma toga** f" burden atimaw or arty other aspect of Us aWaawn d Ink tfon,
i .&Aknp wggestiom for mdurdrq ft burden, to Depaftmt of Won", Washington Headgwrten Servkoe, Dkoonrau *w Iqk mwaporl Opsmdoru and pn***# 1216 ,ieQemw
Davis Mghwaay, 5ulte 1204. Ar*Vwn. VA 2220-43172; and o the ofRoe of Mwmgw wt and 8udpst, Papanvwk PoWucoan Frojsst (07164M). Wawlri V%m% 00 24608. plume
04 W) T RVMRN your complNsd form to eftfter of dose addassses. Completed spokadon ettost tae sarbmitted /o tho Dbufat Englnesr having jttrl.dctfen wm tM
Watlon of rtes propawd M "V,
The Department of the AM permit program Is nuft KaW by $@Cdon 10 of the Rivers and Harbont Ac (of 1 t oo, SoCkm 404 of dw Clam Waw Aug wW Section 100 of to Wine,
Prot edm t'kmoch and S anctuarles Act These saws require pemrits autir AVV stavttsas In or affecting no'Agabls Waaers of the W9ted Sratae, ms diedmup of dredged or fill
mahwlol Into ureters of the Unkaed States. and tine transportmdon d dredoed material for the purpose of dumptreg it Im ocean watere. Info? provided on Us loan wit be need
In eveluadng the appYwti t for a permlL Inlormadon in tfti,t applWan is made a matter of pubic raw# #wwoh issuem* of s public notice. Dtsdaa w* of Ow infomtadw
mqueassrd is volun aryt h m*v*r, dta data requested are rreossavy In &dw w a mmunk a wiya die *W am and b evpluaw tine permit ippfiWion. If nsoatt q information is
not WOWWed. she permit app radon Cannot bo protwsesd na can a peanb be 4ausd.
One set of w1girisl drawings or good reprod KNe copies ~ WXAW rho losatlon and d aroctm of tits proposed .Cavity must be WAawd Io tiffs appikadm pus sample drawings
and ft1rudefa) and be wbirzined to dw Mvkct Engt.,eer having Jurrisdtcyon owr dw loaatkon of to prcpoaed ac"ty. An spoked w that Is not awnplmwd in tW rap be rsaxned.
t. APPLICATION NWBER (To be assigned by Coma) 3. NAM. AODRESS. AND THE OF AUTHORIZED AGENT
Richard G. Burns, Forest Hydrologist
?c •r ,7 'i? USDA Forest Service, P. 0. Box 2750
1 f 9Z[?,3(?,0'-_:? Asheville, NC 28802
Telephone no. during business hms
2. HAIIG Ate A130RESS OF APPLICANT
Forest Supervisor. AaC( f lfiesldsrtees
National Forests in North Carolina u01704) ---- 25 ?..4"' toroo.}
P.O. Box 2750 StAtwwtg Autttsr th?feby d"t mn area wi t ire
Asheville, NC 28802 SIC 4?r? r.'_QL?a? naainmy
Teisphau nw d Arv buak*n twos b"I as nnr agent itt Ow pmc*" g of W* pantrt wpffmfm and b finnimh.
upon reatrest suppiv wntal Infoanadan In support of rho applimWa.
Act ) (Ramidmrtrs} SK NA7URE OF APPLICANT DATE
AA C( 700257-0,00 _ (OIGW)
4. 0ETALCO DESOgIi'TION OF PROPMED ACTMTY
4a. ACTNITY This application is for a multi-activity project in Lake Powhatan Recreation Area,
Pisgah National Forest. The project includes: (1) kiechanically dredging sediment from
the lake bottom; (2) Construction of a temporary equipment pad; (3) Excavation of a
deepened stream channel through the existing lake sediments;.(4) Excavation and construct-
ion of three temporary in-channel sediment traps; (5) Construction of a temporary sediment
trap above the dais; (6) Placement of sand on the lake bottom for a public swine ning area.
These activities are described in detail on the attached sheets.
4b.PuRpm The purpose of the project is to: (A) Repair the outlet structures (gate valves,
etc.) of the dam which were no long ,Functioning; (B) Enhance public fishing opportunities,
in particular, from the barrier free access fishing pier; (C) Improve aquatic habitat by
providing deeper water pools; (D) Improve swi.itmaing conditions at the heavily used public
swimming area.
46. DW AMEOFDWOWDORFILLMATEAK The diacharpe of dredged or fill material is described in
the attached sheets descr•i.hi.ng each part of the project.
C"v rvrf nR 4J40, ZMP V1 taurrrara of auv vt w OUSMET f -V&%w+t: CE{ WaOAI
. . . ? SEP 22 "9c, 02:15 C OE-PSHEVILLS
P. 5/4.2
6. A4 wES AND ADMESS ES OF AaZiMW G oPeRTY OWNERS. LESUESS. eTC.. WWAM PROPEMY ALSO AD.K.iM THE WAMWAY
-The only downstream riparian property owlier. i.s the North Carolina Arb:or?tun; _ :?he:tettt;?ining
land is part of the National Forest.
A. WATERk=Y PkW LOW" CM WATEMODY WHBr4 AC'"Vr Y 1D(WS OR LS MOPOSED
The project is located in Fake Powhatan, .a renen-mime lake on Bent Creek (NC Stream Index 6-67)
a tributary to the Prench Eroad River,. Lake Powhatan has a State water quality classificat:ic
of WS-IV B-Trout and Bent Creek is classified WS-IV. Thew water supply classification is due
to A -pr izf? a ?y nraka on the hrexidi Rrr ij Fj= the ri-Ly,,_nf Aahpvi 11 e- - ^ ; a 1^njagLL i 4 i n
7. LOCATION C04 MDW'HEA9A+C:NiTYMSTSORISPRCOOSW ///Bi-mcombe County, south of Asheville (see attached
PA / / &i.cini ty naps).
Lake Powhatan is located in the Bent Creak Experimental Forest, Pisgah Ranger District, Pisga
%tional Forest. This is about 2 miles south of I-26, off NC 191, Just north of the Blue
S RWr. ROAD. ROUTE OR OTHER DE"VMVE LOCAPON - -
Ridge Parkway. The project is in Buncombe County, North Carolina.
CoUNIY UTATE Ztp CODE
L,OM CICWERNMN3 BODY Wt'fai JLIW6TJb rO4 OVER ttE
E. 0 any porrian of 0* ecwty for whkh w.haricwt w1, is w0gh1 WW eampleta? ? YES CI NO - ?..
It 19W At ill, "bear' ohm 1411AMw aWth and YAW 9,A Galivity was WWP* Wd. kxhcarrl the "Sling Wask 011 the d(dW nom.
WTork was started uAn er,the mismderstanding that all n6cessary permits had been secured,
including the COE 404 (COE Atition ID 199203603). Wien the original work plan was changed,
both the COE and NC.-DEM was contacted. The State indicated in conversations that a 401
certificate was not required for the new work and our understanding from the COE was that, *:;
9. List alt aWauaM or CWJ1z6Oww anct dal , rbeeive4 irwn .& #"Kai. WWatate' Stets G( toast aowd&* for Onv suuerurea, carlstruC110A. dWdwrQM or COW
OcWkies dawAbed In !%W WVpGcatiotr.
156UWG AOF.NV TYK Ai'NROVAL ME101FIGAT" NO. DATE OF APPLK)AT1oN OATS OP APPFtovAL DATE OF Da 04L
COE 404 approval 199203603 7/23192 9/28/9
NC-M. 401 approval 92395 7/23/92 9/18/92
NC-DEM 401 extension 92395 4/:3/93 5/1.8/93
WC-DLM erosion control. -- letter dated 3/10/93
**therefore, a new 4,04 was not needed. After work was started, it is now understood that a
CAE 404 pe-Mit: is needed for some of the project work.
10. A UM it ta( MW made, For s paruut a p MWIS to butt Ugo the aCra fiM deactibW hWain. t cattily ?hat L am daa iar with Ohs tntormdt+an corlteiasad In tltrr
t dkitio(?. SW rhae w UW beat Of aW MOWM eflac and MW such inWme m Is uw, Cc:rlaptsw. and eemsta. I Fulthw &w ify that l paste rtlt) aSttflWaty to
ar4wtaka it* Drapowd acthiitirr ur i m wwng m um duly tWi WV..,W apen2 at the 8ppiicsnr.
C .0c
03NA OP ADPt1CAW DATE ? 9i ATUW QF A19t _ DATE "
The sp#Joeffon must bat SVne i by Grp W304 who ddfirlrs A) underto Ole prOPCSeiy acdviW (APP6GA M) De it MOV bd Signod by a duty
"Ibc ie,ad aunt it dw *Mfi rirant k) NO(* 3 has been Wed out and t r0neui
18 1,1.8.0. Se0bon 1001 PA7AJas t At t/dta Wee. its atly 111:1n W wlfiwl Sho Vi nadiclion of arty OeWnwt or minty of Tho UnilWd SW"
im? MW WWUNy f MkW C+c WA , or CGS up by Arty vk*. adwurr^ at d a roust nW Wal yr nom any False. l ctibma or fraudukW.
tttaSements ci reErrases;WAX1* or nuiltes tv uses a&/ ,Nnwv or dt t WI&MMt dWW to Wntaw any Wise 8tctitiat,a or
fras nt OPAB twd of tknsy. ohs be A root M" assn $10.000 of irrotisated rat arore than &0 years, ar Ugh.
ru+*weat Ot trdwar tSaN "U.S. Oawrmtru YOAV r ftw 1*61 rise rxEr'agea?
(L 11(
?Atto us ta+.s+
l PO „o;?c
u) ?, r.?fi.-`y
a
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• 9EP 22 '93 Oe:20 COE-ASHEVILLE P.6%13
ATTACHMENT #1 page 1 of 3
Description of Project Activities
1. Mechanically dredging (removal) of lake bottom sediments.
Sequentially, this activity will involve: (a) Draw-down-of the
lake to the extent possible; (b) Removal of the existing
inoperable outlet gate-valve apparatus; (c) Loading de-watered
sediments into trucks and hauling to disposal site; (d) Repair of
outlet valves; (e) Refilling lake to previous levels.
The draw-down of the lake was accomplished to the extent possible
through the outlet structure. The bottom release valve was not
functional. A temporary equipment pad was constructed onto the
lake bottom sediments to allow a track-hoe to physically remove
all the outlet apparatus, leaving only a 24" metal pipe through
the dam. Although some sediments immediately above the pipe were.
removed, several hundred yards of material passed through the
pipe and were deposited in the channel immediately below the dam.
Once the remaining lake bottom sediments have de-watered they
will be loaded into trucks and hauled to a disposal site (see
vicinity map) that is located in an upland area. It is estimated
that there are about 35,000 cubic yards of sediments in the lake.
The amount to be removed will be determined by the cost of the
operation, however, the estimated removal is about 30,000 cubic
yards. Only those areas indicated on the attached map will be
dredged (see lake sediment map); no emergent wetlands will be
dredged. If the funds available do not permit dredging of all
desired fisheries habitat areas, some -remaining sediments may be
pushed and paled into islands or penisulas to create deeper water
habitat. This pushing and piling will not exceed 20,000 cubic
yards.
A new outlet valve structure will be constructed for the dam,
This will consist of a bottom gate valve, a low-level outlet, and
associated concrete and pipe structure. This low-I.evel outlet
will provide cool water to enhance the downstream conditions for
a cool water fisheries. All the lake sediments immediately above
the outlet will be removed from the lake. When no longer needed
the temporary equipment pad will be removed from the lake bottom.
Once all the in--lake activities are complete the lake will be
refilled. Sufficient water will be allowed through the dam
during lake filling to maintain some streamflow in the channel
below the dam. .
SEP cc '93 08:20 COE-ASHEVILLE P.7/12
ATTACHMENT #1 page 2 of 3
2. Construction of a temporary equipment pad.
A temporary equipment pad was constructed of logs, brush and soil
fill on the lake bottom near the dam. This pad is about 30' wide
by 75' long, with an estimated volume not to exceed 300 cubic
yards. All this fill material will be removed from the lake
before the lake is refilled.
3. Excavation of deepened stream channel
The existing stream channel over / through the lake sediments may
be deepened to stabilize it and reduce bank sloughing and bed
erosion. The channel will"excavated with a track-hoe down to the
stable lake bottom. The channel will be located at the
approximate edge of the dredging, as shown on the sediment map.
The channel will constructed with a trapezoidal shape, about 20
feet wide at the bottom with side-slopes of about 1:1.• The
excavated material will temporarily piled at the edge of the
channel and will removed later during the general dredging.
4. Temporary in-stream sediment traps.
Three in-stream sediment traps have been constructed to trap
sediment passing through the dam. The first is in a natural pool
just below the dam. Sand bags have been added to the lower edge
of this pool to make the lower edge more impermeable and increase
the trapping efficiency. These sand bags will be removed once
the project is finished. Sediment has been removed from the poll
several times as was spoiled in a bermed area on the flood plain
that is immediately adjacent the site.' This material has been
and will continue to be stabilized. The dredged material may be
hauled to the upland disposal site if needed and practicable.
The second trap was constructed at the direction of the COE about
150 yards downstream from the dam. it consists of a low dam
about two feet high. It is made of small riprap, faced With silt
fence and 3inch diameter stone outside the cloth. The pool
(streambed) was excavated about 13 inches to increase the trap
capacity. All of the added fill material will be removed once
the project is finished. Sediments collected by the trap will be
removed and deposited on upland areas as needed.
The third trap is located about 50 yards below the second. It
consists of a sand bag dam in a narrow rock-walled section of the
channel. All the fill material will be removed once the project
is finished. Sediments collected by the trap will be removed and
deposited on upland areas as needed.
SEP 22 '99 05:21 CUE-ASHEVILLE P.8/12
ATTACHMENT #1 page 3 of 3
5. Construction of temporary sediment trap within the lake.
A temporary sediment trap may be constructed immediately above
the outlet pipe to provide initial trapping of sediments eroded
from the lake. It will involve dredging all the sediments above
the outlet pipe for about 40 feet and sloping the remaining banks
back (about 1400 cubic yards). The dredged material will be
piled on existing sediments for later removal. A low dam about
30 inches tall consisting of sand bags will be constructed about
8 feet in front of'the outlet. All the fill material will be
removed when the project is finished. Sediment in the trap will
be removed whenever necessary and will either be hauled to the
upland disposal site or piled for later removal.
`6. Placement of sand in the public swimming area.
Approximately 1650 cubic yards of sediment (150'x300'x1') will be
removed from the public swimming area. After removal,
approximately 400 cubic yards of beach sand will be placed on the
lake boLtom to improve the swimming conditions and aesthetics.

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United States Forest National Forests United States Federal
l yw Department of Service in North Carolina Court House Building
Agriculture
100 Otis Box 2750
P.O.
Asheville, NC 28802
Reply to: 2510
Date: September 20, 1993
Mr. Robert Johnson
U.S. Army Corps of Engineers
Regulatory Field Office
37 Battery Park Avenue, Room 75
Asheville, NC 28801-2714
Dear Mr. Johnson:
Enclosed is an application
repair/replace the outlet
sediments from the lake.
work in the project area.
excavated stream channel,
control excessive erosion
for a Corps of Engineers (COE) 404 permit to
structures of the dam of Lake Powhatan and to dredge
This application covers all potentially regulated
Please note that some of the work, such as the
will only be constructed if it is deemed necessary to
of the lake sediments.
As noted in Block 8, some work on this project has Calready been accomplished,
as you are well aware. This includes the construction of the temporary
equipment pad and the temporary deposition of sediments and wasted gate
structure on the lake bottom. Additionally, the three sediment traps below the
dam were built following the COE verbal approval given on site on September 14,
1993•
Please be assured that it was never the intention of the Forest Service to
initiate this project without the proper Section 404 (Clean Water Act) permit
from the COE. Work was started on the gate structure repair based on Donley
Hill's understanding, following discussions with the Corps and N.C. Department
of Environmental Management (NC-DEM) that the drawdown and gate repair did not
require a permit. We do understand now that the minor temporary deposition of
fill for the equipment pad and near-outlet sediments do indeed need a permit.
We would appreciate that the review and permitting process be expedited as much
as possible. We want to proceed with the gate repair and sediment dredging
once the contract is awarded so we can further reduce the risk of downstream
sedimentation.
Ms Caring for the Land and Serving People
FS-6200-28b(3/92)
Mr. Robert Johnson
2
By copy of this letter to Mr. John Dorney, NC-DEM, we are requesting a State
401 Water Quality Certification for the project. Both Micky Clemmons of the
N.C. Wildlife Resources Commission and Max Haner of the N.C. Division of
Environmental Management, Water Quality Section, have been on site to review
what is being done. We will send each of these agencies copies of this
application for their comments.
Si
ncerely, `
//? ? ?-
RANDLE G. PHILLIPS
Acting Forest Supervisor
Enclosure
cc: Micky Clemmons, NC-WRC, Waynesville
Forrest Westall, NC-DEN, Asheville
John Dorney, NC-DEM, Raleigh L--'
V 4!S Caring for the Land and Serving People
FS-6200-28b(3192)
9'?q/ ?
MENNNEEMM?
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
ONB APPROVAL NO.0T104iW3
(33 CFR 325) Expires 30 September 1092
Public reporting burden for this collection of information Is esilmead to average S hours per response for the majority of eases. Including to 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 tale In ecologically sensitive areas. could take up to 500 hours. Send cortrnenta regarding this burden estimate or any otwr aspect of this collection of Inlormation.
Including suggestions for reducing tmle burden, to Department of Deter". Washington Headquarters Service, Direct raw for Information Operations and Projects, 121S Jefferson
Davis Highway. Suits 1204. Arlington, VA 222024302: and to the Ofllce of Management and Budget, Paperwork Reduction Project (0710-0003), Washington. DC 20600. Please
DO NO? RETURN your oompieted form to either of these addresses. Completed application must be submitted to the District Engineer having juried{etlon over the
location of the proposed activity.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of I M. Section 404 of the Clown Water Act and Section 103 of the Marine,
Protection, Research and Sanctuaries Act These laws require pemm tB authorizing activities in or affecting navigable waters of the United States. the discharge of dredged or NI
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 form will be used
in evaluating the application for a permit information in this application is made a matter of pubic record trough issuance of a pubic notice. Disclosure of ter information
requested Is voluntary: however, the data requested are necessary in order to comrNxllcate with the applicant and to evaluate the permit application. k necessary Indomtation Is
not provided. the permit application cannot be processed nor can a permit be Issued.
One eat of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (sea sample drawings
and instructions) and be submitted to to District Engineer having jurisdiction over the location of is proposed activity. An application that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
Richard G. Burns, Forest Hydrologist
USDA Forest Service, P. 0. Box 2750
Asheville, NC 28802
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT
Forest Supervisor AIC( ) (Residence)
National Forests in North Carolina =[phone] (Office)
P. 0. Box 2750 Statement of Au ation: I hereby designate and autarize
Asheville, NC 28802 Rt c440 G, 8140"S to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to furnish,
upon request. supplemental information in support of the application.
AIC ( ) (Residence) SIGNATURE OF APPLICANT DATE
A'c ( 704) 257-4200 (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTNITY
4a. ACTIVITY This application is for a multi-activity project in Lake Powhatan Recreation Area,
Pisgah National Forest. The project includes: (1) Mechanically dredging sediment from
the lake bottom; (2) Construction of a temporary equipment pad; (3) Excavation of a
deepened stream channel through the existing lake sediments; (4) Excavation and construct-
ion of three temporary in-channel sediment traps; (5) Construction of a temporary sediment
trap above the dam; (6) Placement of sand on the lake bottom for a public swimming area.
These activities are described in detail on the attached sheets.
4b. PURPOSE The purpose of the project is to: (A) Repair the outlet structures (gate valves,
etc.) of the dam which were no long functioning; (B) Enhance public fishing opportunities,
in particular, from the barrier free access fishing pier; (C) Improve aquatic habitat by
providing deeper water pools; (D) Improve swimming conditions at the heavily used public
swimming area.
4C. DISCHARGE OF DREDGED OR FILL MATERUL The discharge of dredged or fill material is described in
the attached sheets describing each part of the project.
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ATTACHMENT #1
Description of Project Activities
page 1 of 3
1. Mechanically dredging (removal) of lake bottom sediments.
Sequentially, this activity will involve: (a) Draw-down of the
lake to the extent possible; (b) Removal of the existing
inoperable outlet gate-valve apparatus; (c) Loading de-watered
sediments into trucks and hauling to disposal site; (d) Repair of
outlet valves; (e) Refilling lake to previous levels.
The draw-down of the lake was accomplished to the extent possible
through the outlet structure. The bottom release valve was not
functional. A temporary equipment pad was constructed onto the
lake bottom sediments to allow a track-hoe to physically remove
all the outlet apparatus, leaving only a 24" metal pipe through
the dam. Although some sediments immediately above the pipe were
removed, several hundred yards of material passed through the
pipe and were deposited in the channel immediately below the dam.
Once the remaining lake bottom sediments have de-watered they
will be loaded into trucks and hauled to a disposal site (see
vicinity map) that is located in an upland area. It is estimated
that there are about 85,000 cubic yards of sediments in the lake.
The amount to be removed will be determined by the cost of the
operation, however, the estimated removal is about 30,000 cubic
yards. Only those areas indicated on the attached map will be
dredged (see lake sediment map); no emergent wetlands will be
dredged. If the funds available do not permit dredging of all
desired fisheries habitat areas, some remaining sediments may be
pushed and piled into islands or penisulas to create deeper water
habitat. This pushing and piling will not exceed 20,000 cubic
yards.
A new outlet valve structure will be constructed for the dam.
This will consist of a bottom gate valve, a low-level outlet, and
associated concrete and pipe structure. This low-level outlet
will provide cool water to enhance the downstream conditions for
a cool water fisheries. All the lake sediments immediately above
the outlet will be removed from the lake. When no longer needed
the temporary equipment pad will be removed from the lake bottom.
Once all the in-lake activities
refilled. Sufficient water will
during lake filling to maintain
are complete the lake will be
be allowed through the dam
some streamflow in the channel
below the dam.
ATTACHMENT #1 page 2 of 3
2. Construction of a temporary equipment pad.
A temporary equipment pad was constructed of logs, brush and soil
fill on the lake bottom near the dam. This pad is about 30' wide
by 75' long, with an estimated volume not to exceed 300 cubic
yards. All this fill material will be removed from the lake
before the lake is refilled.
3. Excavation of deepened stream channel
The existing stream channel over / through the lake sediments may
be deepened to stabilize it and reduce bank sloughing and bed
erosion. The channel will excavated with a track-hoe down to the
stable lake bottom. The channel will be located at the
approximate edge of the dredging, as shown on the sediment map.
The channel will constructed with a trapezoidal shape, about 20
feet wide at the bottom with side-slopes of about 1:1. The
excavated material will temporarily piled at the edge of the
channel and will removed later during the general dredging.
4. Temporary in-stream sediment traps.
Three in-stream sediment traps have been constructed to trap
sediment passing through the dam. The first is in a natural pool
just below the dam. Sand bags have been added to the lower edge
of this pool to make the lower edge more impermeable and increase
the trapping efficiency. These sand bags will be removed once
the project is finished. Sediment has been removed from the poll
several times as was spoiled in a bermed area on the flood plain
that is immediately adjacent the site. This material has been
and will continue to be stabilized. The dredged material may be
hauled to the upland disposal site if needed and practicable.
The second trap was constructed at the direction of the COE about
150 yards downstream from the dam. It consists of a low dam
about two feet high. It is made of small riprap, faced with silt
fence and 3 inch diameter stone outside the cloth. The pool
(streambed) was excavated about 18 inches to increase the trap
capacity. All of the added fill material will be removed once
the project is finished. Sediments collected by the trap will be
removed and deposited on upland areas as needed.
The third trap is located about 50 yards below the second. It
consists of a sand bag dam in a narrow rock-walled section of the
channel. All the fill material will be removed once the project
is finished. Sediments collected by the trap will be removed and
deposited on upland areas as needed.
ATTACHMENT #1 page 3 of 3
5. Construction of temporary sediment trap within the lake.
A temporary sediment trap may be constructed immediately above
the outlet pipe to provide initial trapping of sediments eroded
from the lake. It will involve dredging all the sediments above
the outlet pipe for about 40 feet and sloping the remaining banks
back (about 1400 cubic yards). The dredged material will be
piled on existing sediments for later removal. A low dam about
30 inches tall consisting of sand bags will be constructed about
8 feet in front of'the outlet. All the fill material will be
removed when the project is finished. Sediment in the trap will
be removed whenever necessary and will either be hauled to the
upland disposal site or piled for later removal.
6. Placement of sand in the public swimming area.
Approximately 1650 cubic yards of sediment (150'x300'xl') will be
removed from the public swimming area. After removal,
approximately 400 cubic yards of beach sand will be placed on the
lake bottom to improve the swimming conditions and aesthetics.
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State of North Carolina
Department.of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 28, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland 1404' Coordinator
SUBJECT: 1404' Project Review
L*.W?FA
A&141 7e
IDEHNFi
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199203603 dated
September 23, 1993 describing a proposed project by The USDA Forest Service, 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 8, 1993. 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.
Signed
This office objects to the project as proposed.
r
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
f
State of North Carolina
Department.of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
September 28, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland 1404' Coordinator
SUBJECT: `404' Project Review
A&4
ED EHNR
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199203603 dated
September 23, 1993 describing a proposed project by The USDA Forest Service, 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 8, 1993. 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
Signed
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Aclion Employer 50% recycled/ 10% post-consumer paper
f
h
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203603
September 23, 1993
PUBLIC NOTICE
The USDA FOREST SERVICE, NATIONAL FORESTS IN NORTH CAROLINA, POST OFFICE
BOX 2750, Asheville, North Carolina 28802 has applied for a Department of the
Army (DA) after-the-fact permit TO CONTINUE AND COMPLETE THE LAKE DRAWDOWN AND
DREDGING OF LAKE POWHATAN IN PISGAH NATIONAL FOREST, Asheville, Buncombe
County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army Corps of
Engineers or other agencies, either favorable or unfavorable opinion of the
work performed; but it is issued to solicit comments on the factors listed
above on which a final decision will be based.
The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Complications associated with the lake drawdown
resulted in discharges into Lake Powhatan and Bent Creek, as well as the
release of hundreds of cubic yards of sediment downstream into the creekbed.
A malfunctioning gate valve necessitated the construction of a 30-foot wide by
75-long equipment pad, consisting of 300 cubic yards of logs, brush and
earthen fill within the lakebed, to allow for removal of the valve and
accumulated debris. Three temporary sediment traps were strategically located
and constructed downstream in Bent Creek for collection and periodic removal
of accumulated sediment. The basins were constructed of a combination of
sandbags, cobble and boulders, quarry rock, clean washed gravel, and filter
cloth. A fourth temporary sandbag sediment trap is to be constructed
immediately above the dam outlet pipe before any further excavation activities
are undertaken. Maintenance of the dam structure is to include the
installation of a new cool water release gate structure and regrouting of the
dam.
Plans submitted with the application show areas scheduled for mechanical
dredging and removal of approximately 30,000 cubic yards of accumulated
sediment, while the lake is drawn down. Sediment removal depths vary from
1.5 foot to 13 foot. The dewatered sediment will be loaded onto trucks for
disposal at an upland site located off Ledford Branch Road. Approximately
20,000 cubic yards of remaining sediment are to be relocated within the
lakebed to form islands or peninsulas to create deeper water habitat
elsewhere. No impacts are to occur to the emergent wetlands at the head of
the lake. 1,650 cubic yards of sediment will be excavated from the perimeter
r
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of the swimming beach to allow for the deposition of 400 cubic yards of beach
sand to. improve swimming conditions and aesthetics. The purpose of the work
is to-'perform needed maintenance to the dam and gate structure; enhance public
fishing opportunities, in particular from the handicapped fishing pier;
improve aquatic habitat by providing deeper water pools; and to improve
swimming conditions at the heavily used swimming area. 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
Department of the Army 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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such.maintenance work.
All maintenance would be performed in accordance with Federal., State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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
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
-3-
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed.above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity. -
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army 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, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
-4-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
November 15, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before November 10, 1993, 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.,
October 8, 1993, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Enginee
Post Office Box 1890
Wilmington, North Carolina 28402-18
Action ID. 199203603
PUBLIC NOTICE
September 23, 1993
The USDA FOREST SERVICE, NATIONAL FORESTS IN NORTH CAROLINA, POST OFFICE
BOX 2750, Asheville, North Carolina 28802 has applied for a Department of the
Army (DA) after-the-fact permit TO CONTINUE AND COMPLETE THE LAKE DRAWDOWN AND
DREDGING OF LAKE POWHATAN IN PISGAH NATIONAL FOREST, Asheville, Buncombe
County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army Corps of
Engineers or other agencies, either favorable or unfavorable opinion of the
work performed; but it is issued to solicit comments on the factors listed
above on which a final decision will be based.
The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Complications associated with the lake drawdown
resulted in discharges into Lake Powhatan and Bent Creek, as well as the
release of hundreds of cubic yards of sediment downstream into the creekbed.
A malfunctioning gate valve necessitated the construction of a 30-foot wide by
75-long equipment pad, consisting of 300 cubic yards of logs, brush and
earthen fill within the lakebed, to allow for removal of the valve and
accumulated debris. Three temporary sediment traps were strategically located
and constructed downstream in Bent Creek for collection and periodic removal
of accumulated sediment. The basins were constructed of a combination of
sandbags, cobble and boulders, quarry rock, clean washed gravel, and filter
cloth. A fourth temporary sandbag sediment trap is to be constructed
immediately above the dam outlet pipe before any further excavation activities
are undertaken. Maintenance of the dam structure is to include the
installation of a new cool water release gate structure and regrouting of the
dam.
Plans submitted with the application show areas scheduled for mechanical
dredging and removal of approximately 30,000 cubic yards of accumulated
sediment, while the lake is drawn down. Sediment removal depths vary from
1.5 foot to 13 foot. The dewatered sediment will be loaded onto trucks for
disposal at an upland site located off Ledford Branch Road. Approximately
20,000 cubic yards of remaining sediment are to be relocated within the
lakebed to form islands or peninsulas to create deeper water habitat
elsewhere. No impacts are to occur to the emergent wetlands at the head of
the lake. 1,650 cubic yards of sediment will be excavated from the perimeter
s„
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of theb beach to allow for the deposition of 400 cubic yards of beach
sand o,3'bli?jye swimming conditions and aesthetics. The purpose of the work
is to perform needed maintenance to the dam and gate structure; enhance public
fishing opportunities, in particular from the handicapped fishing pier;
improve aquatic habitat by providing deeper water pools; and to improve
swimming conditions at the heavily used swimming area. 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
Department of the Army 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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may reques?, 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
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
r
i
-3-
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments froth 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 Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army 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, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
t
-4-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
November 15, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before November 10, 1993, 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.,
October 8, 1993, or telephone [phone].

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United States Forest National Forests
Department of Service in North Carolina
Agriculture
United States Federal
Court House Building
100 Otis Street
P.O. Box 2750
Asheville, NC 28802
Reply to: 2600
Date: April 23, 1993
Mr. John Dorney
N.C. Dept. Health and Environmental Resources
512 N. Salissbury St.
Raleigh, North Carolina 27604
Dear John:
I am writing to request that the North Carolina Department of Health and
Environmental Resources let stand the 401 water quality permit issued for the
dredging of Lake Powhatan, but for mechanical removal and transport rather than
by suction dredging. The principal difference will be that we will have to
draw the lake down and repair the outlet structure prior to sediment removal
rather than after as was planned for the suction dredging process. We will
utilize the same upland disposal area and will probably actually dispose of
less accumulated sediment. In terms of water quality effects, I anticipate
more downstream sediment transport in the initial stages of the project as a
result of the Pre-dredging drawdown, but there should be less of a chronic
increase in turbidity and siltation downstream of the lake because there should
be no turbid water return from the spoil area as there would have been with the
suction dredging.
As you requested, I discussed the project with Forrest Westall and he
recommended the following mitigation measures:
1. Draw the lake down slowly so as to allow fish in the lake to move into
headwater tributaries and to lessen the likelyhood of entraining oxygen
deficient water.
2. Minimize lake bottom scouring by maintaining a small pool just behind the
dam or by utilizing check dams, etc wherever they might reduce head cutting and
scouring.
Although there is some uncertainty about how closely we can control initial
discharge because the outlet valve and associated structure is in disrepair we
will attempt to effect a slow drawdown and should be able to accomplish this
mitigation action. We will also employ the suggested mitigation tactics to
minimize erosion and scouring of the lake bottom sediments. We should be able
to employ several erosion control techniques toward this objective.
S Caring for the Land and Serving People
FS-6200-28b(3/92)
„,i-obn Dorney
2
?P I would appreciate it if you can expedite this request to let stand our
" existing 401 water quality permit for this important fisheries habitat
improvement project. We have twice solicited bids for suction dredging as
proposed in our original permit request and now will be hard pressed to
complete the project by the end of our fiscal year. I discussed the modified
project proposal with Bob Johnson (Asheville Office U.S.C.O.E.)this morning and
he agreed to issue a short fused notice of intent to modify our existing 404
permit pending your approval from a water quality standpoint. I will
appreciate any support you can lend.
Sincerely,
Donley M. 11, Fisheries Program Manager
cc Bob Johnson, U.S.C.O.E.
Forrest Westall, N.C. Dept. Health and Env. Res.
Micky Clemmons, NCWRC
s Caring for the Land and Serving People
FS-6200-28b(3/92)