19930745 Ver 1_COMPLETE FILE_19930510

State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 4?.
Division of Environmental Management 'N
James B. Hunt, Jr., Governor c
Jonathan B. Howes, Secretary
E H N
A. Preston Howard, Jr., P.E., Director
October 4, 1993
Mr. Edward Coppinger
Tennessee Valley Authority
Norris, Tennessee 37828
Dear Mr. Coppinger:
Subject: Proposed fill in Wetlands or Waters
Boat ramp construction
Cherokee County
DEM Project # 93745, COE #199300715
Upon review of your request for 401 Water Quality Certification
to place fill material in waters which are tributary to Hiwasee
Reservoir for boat ramp construction located at River mile 90.3R in
Cherokee County as described in your submittal dated 26 August 1993,
we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2674. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' General Permit No.
030.
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.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
Q?e6t Howard, J . P.E.
93745.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
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
NA'
Tennessee Valley Authority, Norris, Tennessee 37828
August 26, 1993
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
The Tennessee Valley Authority requests a Section 401 Water Quality
Certification under U.S. Army Corps of Engineers general permit number
198200030. This permit is for construction of a 30-foot by 450-foot boat
ramp in Hiwassee Reservoir at Hiwassee River Mile 90.3R near Murphy,
Cherokee County, North Carolina. Enclosed is a copy of the general
permit, location map, site plan, and cross section. The North Carolina
Wildlife Resources Commission has reviewed the project.
If additional information is needed, please call me at [phone].
Future correspondence relative to this project should be directed to
Tennessee Valley Authority, 215 Natural Resources Building, Norris,
Tennessee 37828.
Sincerely,

V. Edward Coppinger
Enclosures
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LOCATION MAP
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Hiwassee Reservoir
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JAN-29-1993 09:00 FROM RES UEV OCH KNOX TO 1612 P.02
r
DEPAMENT Of THE ARMY
WILMINGTON OISTRICT, CORPS OF ENGINEERS
PO, sox Im
WILMINGTON, NOM CABQUNA28402400
IN RUV FMFtRTO Deco%*er 24, 1992
Regulatory Srsach
Action ID. 199300715, General Permit No. 196200030
Tennessee Valley Auth=ity
ATTN: Mr. Billy J. Bond
River Basins Operations
400 West Summit Hill Drive, OCH 13-K
Knoxville, Tennessee 37902
Dear Mr. 80nd:
t."
1-4-93-BJB
LLC Please
Handle.
Reference your application of November 12, 1992 for Department Of the Army
authorizatsOA to construct an approximate $0-foot by 480-foot boat ramp in
Hiwassee Reservoir at Riwassee River Mile 90.31 off S.A. 1326 near Murphy,
Cherokee County, North Carolina. The project has been reviewed by the North
Carolina Wildlife Resources Commiagion (WRC).
On January 1, 1992 , we renewed general pa rmi,t no. 1982000301. (copy
enclosed) that authorizes construction activities in waters of lakes and
reservoirs in the State of North Carolina, owned, operated, and/or regulated
by public utility companies under license from the Federal Power
Gommi.ssion/Federal Energy Regulatory CdtnMiseion (FERC) and all lakes or
reservoirs in the state of north Carolina owned and operated by the Tennessee
Valley Authority (Tva).
your proposed work is authorized if you can comply with all permit
conditions. Please read the enclosed permit to prevent an unintentional
violation of Federal law. As this Department Of the Army gen*rAl PQ=it does
not relieve you of the responsibility to obtain any other required approval,
you should contact appropriate state and local agencies before beginning work.
Information regarding i stuance - of a section 401 Water Quality Celrt?f icati.on
may be obtainod through Sohn Dorney, Division of Zavi.ronme tal Management, at
[phone].
If you have questions, contact mt. David Baker in our Asheville Regulatory
office at [phone].
Sincerely,
G.-Wayne Wright
Qh,tef. Regulatory Branch
Enclosure
JAN-29-1993 09:01 FROM RES DEV rCH KNOX T6 1612 P.04
Action ID No. 128 00 0
Name of Permittee: Ganerpl Public
Effective Date: January 1, 1222
Expiration Date: Decambex_31, 1997,
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit, issued October 14, 1982, to performs work in or affecting
navigable waters and waters of the United State, upon the recommendation of
the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (33 U.S.C. 403), and Section.404 of the Ctean Water Act (33
U,S.C. 1344), is hereby renewed and modified by authority of the Secretary a.f
the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR, AND CONSTRUCTION ACTIVITIES IN LAKES AND
RESERVOIRS, IN THE STATE OF NORTH CAROLINA, OWNED, OPERATED, AND/OR REGULATED
BY PUBLIC UTILITY COMPANIES UNDER LICENSE FROM THE FEDERAL. ENERGY REGULATORY
COMMISSION (FERC) AND ALL LACES OR RESERVOIRS IN THE STATE OF NORTH CAROLINA
OWNED AND OPERATED BY THE TSNNESSEE VALLEY AUTHORITY (TVA)
Activities and work authorized are: (1) construction of boat docks and
shelters. boathouses and ramps using materials commonly acceptable for such
construction such as unsinkable flotation materials, pressure treated lumber,
creosoted pilings and concrete; (2) excavation of boat basins and
canals/channels for recreational boating; (3) construction and backfill of
bulkheads and placement of riprap material along eroding'shoralines for
shoreline stabilization and erosion control; (4) installation of submerged and
aerial utility lines where U.S. Coast Guard requirements for aerial lines are
met and pre-project contours are restored; and (5) construction of water
intake and waste water discharge structures where other State and Federal
aEencies' requirements are suet.
These lakes and reservoirs were constructed and exist primarily for the
purposes of generating and producing hydroelectric power. They were
constructed and operate under laws and regulations administered by FERC and
TVA. Activities within these waters are the primary concern of, and should be
regulated by, those parties. This general permit applies to all waters on or
within lands owned or under flowage easement to public utility companies or
TVA.
IAA-,1-29-1993 09 c 02 FROM RES DEO OCH KNOX TO 1612 P.05
1. S ecial Conditions.
-2-
a. All floating structures will be supported by flotation material which
will not waterlog or sink when punctured.
b. Bulkhead and riprap structure alignments will not extend farther than
an average distance of 2 feet water-ward or a maxi=m distance of 5 feet from
the normal high pool elevation contour and may not extend more than
500 feet in length along the shoreline.
0. Mt. more than an average of one cublo yard of fill material per
running foot of shoreline will be placed within waters of the United States.
d. All backfill material will be obtained from an upland source and
confined landward of the permitted bulkhead.
e. All fill, including riprap material, discharged into waters of the
Unified States must be suitable material, and maternal discharged must be free
from toxic pollutants in toxic amounts. Use of metal products, organic
materials, petroleum base materials, or unsightly debris is prohibited.
f. All excavated. material will be placed landward-of the normal high pool
elevation contour and Confined by adequate dikes or other retaining structures
to prevent erosion and sedimentation.
g. The temporary placement or double-handling of excavated or fill
material waterward of the normal high pool elevation is not authorized.
h. The minimum clearance for aerial power transmission lines will be
governed by the system voltage as shown below:
Nominal System
.Voltage, Kilovolts
-----------a
115 and below
138
161
230
350
500
700
750-765
Minimum clearance (ft)
Above Bridge Clearanoes
20
22
24
26
30
35
42
45
Clearances art based on the low point of the line under conditions which
produce the maximum sag considering temperature, load, wind, length, span and
type of supports. Clearances for communication lines, stream gaging cables,
ferry cables, and other aerial orossings will be a minimum of 10 feet above
clearances required for bridges.
TAN-29-1993 09:02 FROM RES LIEU OCH KNOX TO 1612 P.06
-3-
i. If an easement to fill or cross state or utility company..bottoms is
required by the North Carolina Department of Administration, State Property
Office, or the reservoir utility Company, such easement must-be obtained prior
to proceeding with work authorized by this general permit.
J. Mere the activity has a potential to significantly affect any land or
water use or natural resource of the Forth Carolina coastal area, a
oonsistotoy determination or certification, as appropriate pursuant to
15 CFR 930, must be provided to the North Carolina Division of Coastal
Management.
2. General Conditions.
a. All activities authorized by this general permit that will involve the
discharge of dredged or fill material into waters of the United States will be
consistent with applicable water quality standards, effluent limitations and
standards of performanne, prohibitions, pre-treatment standards, and
management practices established pursuant to the Clean Water Act (33 U.S.G.
1413), and pursuant to applicable State and loaal law. Activities that will
involve the discharge of dredged or fill material into waters of the United
States will require that an applicant apply for and obtain a Water Quality
Certification from the North Carolina Division of Environmental Management In
accordance with Section 401 of the Clean Water Act before any work is
authorized by this general permit.
b. There will be no unreasonable interference with navigation or the
right of the public to riparian access by the existence or use of the
activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington
District Engineer of failure to-comply with the terms and conditions of this
general permit, shall, within 60 days, without expense to the U.S. Government,
and in such manner as the Wilmington District Engineer may direet, effect
compliance with the terms and conditions or return the worksite to a pre-work
condition.
d. The permittee crust make every reasonable effort to perform the
authorized work in a :Wanner so as to minimize any adverse impact on fish,
wildlife, and natural environmental values.
e. The permittee must perform the authorized work in a manner so as to.
minimize any degradation of water quality. The activity will be conducted in
such a manner as to-prevent a signifioant increase in turbidity outside the
area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less are not considered
significant.
JAN-29-1993 09:03 FROM RES DEV OCH KNOX TO 1612 P.07
-4'-
f, The permittee will permit the Wilmjngtom District Engineer, or his
representative, to make periodic inspections at any time deemed necessary in
order to assure that thet.1 is bthinerformed In s genera permitstrict accordance with
the Special and Goneral Cenditfo
S. This general permit does not oonvey any rights, either in real ea
or material, or any exclusive privileges; and it does not authorize any st9tey
to property or invasion of rights or any infringement of Federal, state, or
local laws or regulations, nor does it obviate the requirement to obtain state
or l,ocil assent required by law for the activity authorized herein.
h. Authorization provided by this general permit may be either modified,
suspended, or revoked in whole or in part if the Wilmington District Engineer,
acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification,
suspension, or revocation, the term of this general permit shall be 5 years.
Any modification, suspension, or revocation of authorization uthorization shall not be the
basis for any claim for damages against the
i. This general permit does not authorize the interference with any
existing or proposed Federal project, and the permittee shall not be entitled
to compensation for damages or injury to the structures or authorized work,
which may be caused binor the: result from existing or future operations undertaken
by the United States S. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer believes that the proposed activity
would significantly affect the quality of the human environment and determines
that an Environmental Impact Statement (EIS) trust be prepared.
k. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines, after anp necessary
investigations, that the proposed activity would adversely affect areas which
possess historio, cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.G. 1273), those proposed for inclusion as provided by Sections 4 and 5 of
the Act, and wild, soenic, and recreational rivers established by State and
local entities.
(2) Historic, cultural, or aro'heological sites listed inedrieligible
for inclusion in the National Register of Historic
National Historic ?reservation Act Aof 1966 tssendmentn its c diried regulations and in
the National Historic Preservation Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
JAN-29-1993 09:03 FROM RES DEU OCH KNOX TO 1612 P.08
w5-
. (4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
1. Fermittees are advised that development activities in or near a
regulatory floodway may be subject to the National Flood Insurance Program
which prohibits any development, including fill, within a floodway that
results in any increase in base flood elevations.
m. At his discretion at any time during the prooessirig cycle, the
Wslmington District Engineer may determine that this general permit will not
be applicable to a specific oonstructign proposal. In such case. the
procedure for processing an individual permit in accordance with 33 CFR 325
will be available.
n. The permittee or the permittee's succemsors will maintain the,
authorized work in good oomdition and in conformance with the terms and
conditions of the general permit.
EY auTHORTTY OF THE SECRETARY OF THE ARMY :
/s/
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer