19930453 Ver 1_COMPLETE FILE_19930614

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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-7
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Inland 11404" Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: May 6, 1993 STEPHANIE E. GOUDREAU
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199301578, request for permit by Mr. Lewis Penland to
conduct a commercial sand dredging operation in the
Tuckasegee River, Jackson County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and biological field staff conducted a site visit on
April 6, 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.).
The applicant proposes to mine sand from the Tuckasegee
River using dragline and truck at a 6-acre site just off SR 1360
and upstream of the US 23-441 bridge and the hydropower project
operated by Nantahala Power and Light. The river has been mined
at this site in the past. Plans submitted with the application
show dredging an approximate 100-foot by 600-foot area of the
river to an average depth of 10 feet. The applicant estimates
the annual removal of 1800 cubic yards of sand. Sediment removed
from the river will be processed through a dry screening plant
located on adjacent upland property. Sand will be stockpiled
behind a 3-foot high berm and swale system, with runoff being
filtered through sediment basins prior to reentering the river
through an existing drainage ditch. The purpose of the work is
to obtain sand for commercial sales.
The Tuckasegee River is Hatchery Supported Designated Public
Mountain Trout Water at the project site and provides fair
habitat for stocked trout. The river is heavily fished in this
area; anglers were present during the site visit. The substrate

of the river is mostly sand. Riparian vegetation at the site is
highly disturbed.
The NCWRC does not object to the issuance of this permit,
provided the applicant implements the following modifications:
1) Draglining in the river should be prohibited during the
months of April and May to minimize turbidity in the river
at the time when fishing pressure is heaviest.
2) Riparian vegetation should be planted immediately upon
completion of each mining period to stabilize the river bank
and prevent continued erosion. It is important that bare
soil not lay exposed for extended periods when the dragline
is not operating to minimize adverse impacts to trout from
sedimentation.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr: Micky Clemmons, District 9 Fisheries Biologist
Mr. David Baker, COE, Asheville
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor July 7, 1992 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. 199201578 dated April 8, 1993 which
describes a project proposal by Lewis Penland of Franklin. The project, involving sand
dredging with a subsequent sediment basin discharge, is located on the Tuckasegee River, off
of Highway 441 in Dillsboro, JE(gkson County.
Based on a coordinated agency review, the state interposes no objection to the project.
It is noted that the Natural Heritage program of the Division of Parks and Recreation expressed
concern over possible elevated turbidity levels and the effect on some state and Federal listed
species. That agency's memorandum is attached for our review.
In addition, the Wildlife Resources Commission recommended the following management
techniques to be included in any permit that may be issued: .
1) Draglining in the river should be prohibited during the months
of April and May to minimize turbidity in the river at the time
when fishing pressure is heaviest.
2) Riparian vegetation should be planted immediately upon completion
of each mining period to stabilize the river bank and prevent con-
tinued erosion. It is important that bare soil not lay exposed for
extended periods when the dragline is not operating to minimize
adverse impacts to trout from sedimentation.
For the record, the Diviison of Environmental Management approved the requested sand
mining project under General Water Quality Certification No. 2668 by letter of June 17, 1993.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]?13
An Equal Opportunity Affirmative Action Employer
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Dr. G. Wayne Wright
Page 2
July 7, 1993
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
Johk R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management V
Division of Parks & Recreation
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 17, 1993
Mr. Lewis Penland
Penland Construction Co. Inc
26 Hunnicutt Lane
Franklin, N.C. 28734
Dear Mr. Penland:
Subject: Proposed fill in Wetlands or Waters
Return water from sand dredging operation
Jackson County
DEM Project # 92453
JAW
IF IVA
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?EHNR
Upon review of your request for 401 Water Quality Certification to place fill material in
waters which are tributary to Tuckasegee River for return drainage water from sand located in
Jackson County, as described in your submittal dated 8 April 1993, we have determined that
the proposed fill can be covered by General Water Quality Certification No. 2668 issued
January 21, 1992. A Copy of the General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 16.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
VA_
t/
Preston Howard, Jr. F .E.
92453.Itr
Attachment
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cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
,.Mr. John Dorney
Central Files
John Parker, Division of Coastal Management
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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGI
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-189C
IN REPLY REFER TO April 19, 1993
Regulatory Branch
Action ID. 199301578
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 application of Penland Contracting, Inc., for Department
of the Army authorization and a State Water Quality Certification to conduct a
commercial sand dredging operation on the Tuckasegee River in Dillsboro,
Jackson County, North Carolina. 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 June 21, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
ne Wrig
Chie , Regulatory Branch
Enclosure
-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

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icatiorm for pp1 ger or more mnpllw ate; f `Id1?oata I w" we-";:: f >! ` " : its or any
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Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to ft Office of information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act.and
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary, however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued. f?.,
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District En9,,eer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned. , ty

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199301578
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DS GROUP
WATER QUALITY SECTION
April 8, 1993
PUBLIC NOTICE
LEWIS PENLAND, PENLAND CONTRACTING COMPANY, INC., 26 HUNNICUTT LANE,
FRANKLIN, NORTH CAROLINA 28734 has applied for a Department of the Army permit
(DA) TO CONDUCT A COMMERCIAL SAND DREDGING OPERATION ON THE TUCKASEGEE.RIVER
UPSTREAM OF THE NANTAHALA POWER COMPANY DAM OFF OF HIGHWAY 441 in Dillsboro,
Jackson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USAGE). Plans submitted
with the application show dredging an approximate 100-foot by 600-foot area of
the river, to an average depth of 10-feet, by dragline from the south bank.
The applicant estimates the annual removal of 1800 cubic yards of sand.
Sediment removed will be processed through a dry screening plant located on
the adjacent upland property. Sand will be stockpiled behind a 3-foot-high
berm and swale system, with runoff being filtered through sediment basins
prior to reentering the river through an existing drainage ditch. The
applicant is requesting authorization to conduct the dredging for a 10 year
period. The purpose of the work is to obtain sand for commercial sales.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
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co s to extent of cultural resource investigations by the District
Engine andj;he is otherwise unaware of the presence of such resources.
°'Presen'tl'j?,"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
impacts which t ae-%+-;,MrJtY may have on Hie yabttu res 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 u u a ive
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 USAGE 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 USACE to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to

-3-
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 North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves 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.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 30, 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 April 26, 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., May 10,
1993, or telephone [phone].
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State of North Carolina
Department of Environrnent, Health, and Natural Resources
512 North Salisbury Street 0 Raleigh, North Carolina 27604
Division of Coastal Management
James B. Hunt, Jr., Governor
May 19, 1993
MEMORANDUM
TO: Mr.. A. Preston Howard, P.E. Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404' Coordinator
SUBJECT: "404" Project Review
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301578
dated April 8, 1993 describing .a .proposed project by Mr. Lewis Penland,
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 ASAP. 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 syRpors th .?oject proposal
No comment.
Comments on this project are attached.
r, (, 6 ?
X21 J
/,,This office objects to the project as proposed.
Signed Date (3
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax X 919-733-0513
An Equal Opportunity Affirmative Action Employer
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
April 15, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301578
dated April 8, 1993 describing a proposed project by Mr. Lewis Penland, 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 May 10, 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.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Pax # 919-733-0513
An Equal Opportunity Affirmative Action Employer
STAT£ 4
W.M Sao
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
April 15, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301578.
dated April 8, 1993 describing a proposed project by Mr. Lewis Penland, 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 May 10, 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.
This office objects to the project as proposed.
Signed
Date
P.O. kox 27(,87, Raleigh, North Carolina 27611-7687 'lclrphonr 014-733 4984 lay; r 919-7310513
An Equal Opportunity Affirmative Action Fniploycr

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199301578 April 8, 1993
PUBLIC NOTICE
LEWIS PENLAND, PENLAND CONTRACTING COMPANY, INC., 26 HUNNICUTT LANE,
FRANKLIN, NORTH CAROLINA 28734 has applied for a Department of the Army permit
(DA) TO CONDUCT A COMMERCIAL SAND DREDGING OPERATION ON THE TUCKASEGEE RIVER
UPSTREAM OF THE NANTAHALA POWER COMPANY DAM OFF OF HIGHWAY 441 in Dillsboro,
Jackson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USACE). Plans submitted
with the application show dredging an approximate 100-foot by 600-foot area of
the river, to an average depth of 10-feet, by dragline from the south bank.
The applicant estimates the annual removal of 1800 cubic yards of sand.
Sediment removed will be processed through a dry screening plant located on
the adjacent upland property. Sand will be stockpiled behind a 3-foot`-high
berm and swale system, with runoff being filtered through sediment basins
prior to reentering the river through an existing drainage ditch. The
applicant is requesting authorization to conduct the dredging for a 10 year
period. The purpose of the work is to obtain sand for commercial sales.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
1
-2-
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
impacts which the proposed activity may have on the public interest requires a
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
acts s, aes a ics, 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 USACE 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 USACE to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to
-3-
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 North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves 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.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 30, 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 April 26, 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., May 10,
1993, or telephone [phone].
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QDEPARTMENT OF THE ARMY L
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199301578
MAY 2 41993 I ° :x
April 8, 1993
PUBLIC NOTICE
LEWIS PENLAND, PENLAND CONTRACTING COMPANY, INC., 26 HUNNICUTT LANE,
FRANKLIN, NORTH CAROLINA 28734 has applied for a Department of the Army permit
(DA) TO CONDUCT A COMMERCIAL SAND DREDGING OPERATION ON THE TUCKASEGEE RIVER
UPSTREAM OF THE NANTAHALA POWER COMPANY DAM OFF OF HIGHWAY 441 in Dillsboro,
Jackson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USACE). Plans submitted
with the application show dredging an approximate 100-foot by 600-foot area of
the river, to an average depth of 10-feet, by dragline from the south bank.
The applicant estimates the annual removal of 1800 cubic yards of sand.
Sediment removed will be processed through a dry screening plant located on y"
the adjacent upland property. Sand will be stockpiled behind a 3-foot"'hf.gh??j? i'-
berm and swale system, with runoff being filtered through sediment basins
prior to reentering the river through an existing drainage ditch. The
applicant is requesting authorization to conduct the dredging for a 10 year
period. The purpose of the work is to obtain sand for commercial sales.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
0 .a V?

-2-
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
impacts which the proposed activity may have on the public interest requires a
carefu wei hing of all those factors which become relevant in each particular
case. The benefits w is cted to accrue from the
proposal must be balanced against its reasonably foreseeable a rim
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
lactjL-thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, , fish and wildlife values,
flood hazards and flood plain values (in accordance with Execu ive
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 USAGE 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 USACE to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to
r• . - V
-3-
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 North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves 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.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 30, 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 April 26, 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., May 10,
1993, or telephone [phone].
- - ?., nr?PR 02 '93 12:36 COE-ASHEVILLE•._,......_....M ..._.. ,.... _.....,, ........__ ...........•..::.........:..........._......,.r.%? » . ?.
BRY$QN CITY m ml.OGICAL SURVEY tY?. gµ. ,,.??
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
Division of Coastal Management
James B. Hunt, Jr., Governor Jonathan R Howes, Secretary
May 19, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E. Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404' Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199301578
dated April 8, 1993 describing a proposed project by Mr. Lewis Penland,
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 ASAP. If you have any questions regarding
the proposed project, please contact me at 733-2293. When appropriate,
in-depth comments with supporting data is requested.
REPLY This office supports the project proposal
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]= Fax a 919-733-0513
An Equal l7Opportunity Affirmative Action Employer
(T ? 50%raydcd/10%post.mnn -p+prr .

MEMORANDUM PRINT NAMES:
Reviewer:
TO: John Dorney WQ Supv.: _
Planning Branch DATE: .429113
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000453 COUNTY: JACKSON
APPLICANT NAME: PENLAND CONTRACTING CO.
PROJECT TYPE: SAND DREDGING PERMIT-TYPE: IND
COE_#: 1993015?8 DOT-#:
RCD_FROM_CDA: DCM DATE_FRM_CDA: 05/24/93
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-4:
STREAM_CLASS : C,- l`vvou'r STR_INDEX_NO : 2 74(-(2 o)
WL_IMPACT?: YO
WL_REQUESTED: CVO
WL_SCORE (#) : /?//A
HYDRO_CNECT?: YIN
MITIGATION-TYPE:
WL_TYPE : Vr r
WL_ACR_EST?: Y/N N,1A
WATER IMPACTED BY FILL?: Y16) MITIGATION?: Y/0

MITIGATION-SIZE:
IS WETLAND RATING SHEET ATTACHED?: Y/p
RECO14MENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : Au ?-n Pw' ,sq'.i Jveo?G,:.? ? a..
-- ? bye'T -?a"'1 a., awe t)J a 44 a Jv?a 1('#%e Lc.? 1 InImot'
4'e,f tJi . _ Alp L S AP Vj1Ae` t'K4 or ae . !" ,S'N&A h 6 6.- 44 ?Va
.,.fit a•-a <<n?s?? - -
cc: Regional Office
Central Files
5 d '?1
J? - 91993 r ? ' ?'.
wena n A? lY SECTION T_.