19950756 Ver 1_COMPLETE FILE_19950726

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
August 15, 1995
MEMO
To: David Baker
Corps of Engineers - Asheville
From: John Dorn
DEM
Re: Van Brown, dba Carolina Trout Company
COE # 199503418, DEM # 95756
Graham County
FILE COPY
DEM has no objection to the issuance of a Corps of Engineers permit or TVA permit
for this project. Since there is no fill of waters no 401 Certification is needed.
Please call me at 919-733-1786 if you have any questions.
95756.mem
cc: Asheville DEM Regional Office
Central Files
Van H. Brown; Andrews, N.C.
[D F= Fl
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
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
July 26, 1995
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
('_ 1 Il0 i I L '.J ?? U Ll Ll? .1
lllii?
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• • - _-
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1: FE F1
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199503418 dated July
20, 1995 describing a proposed project by Van H. Brown. 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 August 8, 1995 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 su s the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Sinned
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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
July 26, 1995
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. 199503418 dated July
20, 1995 describing a proposed project by Van H. Brown. 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 August 8, 1995 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 su s the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Date I `?
Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper
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RECEIVED 95-75(,
DEPARTMENT OF THE ARMY 44A 2 4 19,93
Wilmington District, Corps of Engineers 'WRCYVMEW
Post Office Box 1890 pL?SC1ENCEg
Wilmington, North Carolina 28402-1890
Action ID No. 199503418 July 20, 1995
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
VAN H. BROWN, dba CAROLINA TROUT COMPANY, ROUTE 1, BOX 15, CROSS CREEK
COVE, ANDREWS, NORTH CAROLINA 28901 has applied for a Department of the Army
(DA) permit and Tennessee Valley Authority (TVA) approval TO INSTALL AND
OPERATE A DEMONSTRATION FLOATING NET PEN STRUCTURE, FOR THE COMMERCIAL
PRODUCTION OF RAINBOW TROUT, AT THE 64 MILE MARK IN FONTANA LAKE NEAR Fontana
Village, Graham County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the installation of a
62-foot wide by 425-foot long floating facility approximately 520-feet north
of the south shoreline. The unit will occupy 0.6 acre of lake surface. The
structure would consist of styrofoam floats, wooden walkways, galvanized
hardware and nylon nets anchored by cables connected to two 1,500 pound
concrete blocks at each end. The facility is to be equipped with markers,
lighting, and equipment in accordance with Coast Guard standards to assure
visibility and safe operation. Specific pathogen free fingerling trout will
be transported from a nearby launching ramp to the net pens by a pontoon-barge
haul boat. Feed will be brought to the net pen site by a workboat. Once the
fish reach harvest size, they will be transported live or on ice to the
processing plant. The facility will be manned 24 hours a day for operational
safety and security reasons. The applicant hopes to produce 500 tons of live
product annually. The purpose of the demonstration is to procure data to
accurately evaluate the economic potential and the environmental impact of
large scale commercial trout production in TVA Reservoirs. Two other similar
demonstration projects are proposed by the applicant in Appalachia and
Hiwassee Lakes, however these facilities do not require DA authorization since
the reservoirs are not considered navigable pursuant to Section 10 of the
Rivers and Harbors Act of 1899. 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. The
North Carolina Division of Environmental Management (NCDEM) is processing a
request for a NPDES permit. No Department of the Army (DA) permit will be
issued until the coordinated State viewpoint on the proposal has been received
and reviewed by this agency.
Tennessee Valley Authority (TVA) approval will be required for the
facilities under Section 26a of the TVA Act.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). 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.
-2-
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 Corps of Engineers decision as to 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 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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker or Robert Johnson, until
4:15 p.m., August 18, 1995, or telephone [phone] It is not necessary
to comment separately to TVA since copies of all comments will be sent to that
agency and will become part of its record on the proposal. However, if
comments are sent to TVA, they should be mailed to TVA, Attention: Linda
Oxendine (WTBC), 400 West Summit Hill Drive, Knoxville, Tennessee 37902, or
telephone [phone].
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State of North Carolina
Department of Environment,
a
Health and Natural Resources LT1 •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p E H N F1
Roger N. Schecter, Director
July 26, 1995
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. 199503418 dated July
20, 1995 describing a proposed project by Van H. Brown. 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 August 8, 1995 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 [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

q5? 5(e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199503418 July 20, 1995
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
VAN H. BROWN, dba CAROLINA TROUT COMPANY, ROUTE 1, BOX 15, CROSS CREEK
COVE, ANDREWS, NORTH CAROLINA 28901 has applied for a Department of the Army
(DA) permit and Tennessee Valley Authority (TVA) approval TO INSTALL AND
OPERATE A DEMONSTRATION FLOATING NET PEN STRUCTURE, FOR THE COMMERCIAL
PRODUCTION OF RAINBOW TROUT, AT THE 64 MILE MARK IN FONTANA LAKE NEAR Fontana
Village, Graham County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the installation of a
62-foot wide by 425-foot long floating facility approximately 520-feet north
of the south shoreline. The unit will occupy 0.6 acre of lake surface. The
structure would consist of styrofoam floats, wooden walkways, galvanized
hardware and nylon nets anchored by cables connected to two 1,500 pound
concrete blocks at each end. The facility is to be equipped with markers,
lighting, and equipment in accordance with Coast Guard standards to assure
visibility and safe operation. Specific pathogen free fingerling trout will
be transported from a nearby launching ramp to the net pens by a pontoon-barge
haul boat. Feed will be brought to the net pen site by a workboat. Once the
fish reach harvest size, they will be transported live or on ice to the
processing plant. The facility will be manned 24 hours a day for operational
safety and security reasons. The applicant hopes to produce 500 tons of live
product annually. The purpose of the demonstration is to procure data to
accurately evaluate the economic potential and the environmental impact of
large scale commercial trout production in TVA Reservoirs. Two other similar
demonstration projects are proposed by the applicant in Appalachia and
Hiwassee Lakes, however these facilities do not require DA authorization since
the reservoirs are not considered navigable pursuant to Section 10 of the
Rivers and Harbors Act of 1899. 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. The
North Carolina Division of Environmental Management (NCDEM) is processing a
request for a NPDES permit. No Department of the Army (DA) permit will be
issued until the coordinated State viewpoint on the proposal has been received
and reviewed by this agency.
Tennessee Valley Authority (TVA) approval will be required for the
facilities under section 26a of the TVA Act.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). 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.
t
-2-
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 Corps of Engineers decision as to 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 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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker or Robert Johnson, until
4:15 p.m., August 18, 1995, or telephone [phone] It is not necessary
to comment separately to TVA since copies of all comments will be sent to that
agency and will become part of its record on the proposal. However, if
comments are sent to TVA, they should be mailed to TVA, Attention: Linda
Oxendine (WTBC), 400 West Summit Hill Drive, Knoxville, Tennessee 37902, or
telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199503418 September 14, 1995
ADDENDUM TO JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SECTION 10 PUBLIC NOTICE
NOTICE OF TVA SPONSORED PUBLIC MEETING
NOTICE OF EXTENDED PUBLIC NOTICE COMMENT PERIOD
On July 20, 1995 the District Engineer issued a joint Department of the
Army (DA) and Tennessee Valley Authority (TVA) Public Notice indicating VAN H.
BROWN, dba CAROLINA TROUT COMPANY, ROUTE 1, BOX 15, CROSS CREEK COVE, ANDREWS,
NORTH CAROLINA 28901 has applied for a DA permit and TVA approval TO INSTALL
AND OPERATE A DEMONSTRATION FLOATING NET PEN STRUCTURE, FOR THE COMMERCIAL
PRODUCTION OF RAINBOW TROUT, AT THE 64 MILE MARK IN FONTANA LAKE NEAR Fontana
Village, Graham County, North Carolina. The notice also stated that two other
similar demonstration projects are proposed by the applicant in Apalachia and
Hiwassee Lakes, however both do not require DA authorization since these lakes
are not considered navigable pursuant to Section 10 of the River and Harbors
Act of 1899. All three of the demonstration projects require TVA approval
under Section 26a of the TVA Act.
PUBLIC MEETING
In compliance with the National Environmental policy Act of 1969, the TVA
as the primary manager of the above lakes, is the lead agency in preparing an
Environmental Assessment (EA) concerning the proposed demonstration projects.
The Corps of Engineers is functioning as a cooperating agency in the
Environmental Assessment process. The TVA is therefore planning to conduct an
October 3, 1995 public meeting in Bryson City, North Carolina in order to
allow additional public, agency, and other input concerning issues to be
addressed by the Environmental Assessment. Meeting registration will begin at
6:30 PM with the meeting start up following at 7:00 PM. The location is at
the Swain County High School, 1415 Fontana Road (1 mile north of Bryson City)
Bryson City, North Carolina.
Corps of Engineers (COE) representatives will be present at the meeting
to assist TVA and provide regulatory information to the public and agencies.
However, the public meeting should not be construed as taking the place of a
formal COE Public Hearing. Although, a final decision concerning a public
hearing has not yet been made, it is anticipated that the TVA public meeting
will provide for adequate public and agency input and greatly reduce the need
for a duplicative hearing. TVA intends to hold a second public meeting in the
Murphy, North Carolina area, after the Draft Environmental Assessment is
completed (time to be publicized at a later date).
-2-
EXTENTION OF PUBLIC NOTICE COMMENT PERIOD
It is expected that the TVA Environmental assessment for the proposed
projects will be helpful to the COE in making a permit decision concerning
Fontana Lake. The TVA indicates they will continue to accept comments
concerning issue; to be discussed in the EA-through.October 17, 1995 (14 days
after their Public meeting date). Therefore, the Corps of Engineers comment
period concerning the July 20, 1995 Joint Public Notice is hereby extended
through the same date.
Comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Robert Johnson or David Baker, until
4:15 p.m., October 17, 1995, or telephone [phone] or 4854 respectively.
If desired comments can be sent to both this office and the TVA. However, any
comments received by this office will be coordinated with TVA and become part
of that agency's record on the proposal. Comments submitted to TVA should be
mailed to the attention Linda Oxendine (WTBC), 400 West Summit Hill Drive,
Knoxville, Tennessee 37902, or telephone [phone].