19951161 Ver 1_COMPLETE FILE_19951109

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers oy
Post Office Box 1890 oy /?
Wilmington, North Carolina 28402-1890
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Action ID No. 199600134 November 2, 1995
PUBLIC NOTICE
USDA, FOREST SERVICE, RANDLE G. PHILLIPS, FOREST SUPERVISOR, POST OFFICE
BOX 2570, ASHEVILLE, NORTH CAROLINA 28802 has applied for a Department of the
Army (DA) permit TO CREATE A SWIMMING AREA AT THE CHEOAH POINT RECREATION AREA
IN LAKE SANTEETLAFI APPROXIMATELY 5 MILES NORTHWEST OF Robbinsville, Graham
County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
recontouring of an approximate 350-foot wide by 230-foot long area of the lake
bottom. The recontouring will be done by bulldozer when the lake is drawn
down. After the grading is completed, 450 cubic yards of soil from an upland
borrow area will be used to build up an approximate 190-foot wide by 180-foot
long beach area. The soil will be topped with 280 cubic yards of sand
averaging 8-12 inches in depth, to be contained on the upper beach area by
marine grade timbers. Construction of a 5-foot wide by 50-foot long walkway
leading to a 15-foot square handicapped accessible swimming platform will
require the discharge of 30 cubic yards of gravel and concrete below the full
pool elevation of the lake. The purpose of the work is to improve the
swimming area to meet standards as part of an overall recreation area
reconstruction/rehabilitation. 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 (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 (NCDEM) 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 site 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.
4W '11b
-2-
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
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 dred^ed 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. Subj-ectto_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 colmnents 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.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not b- made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
-3-
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 (NCDEM), Post office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 24, 1995,
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.,
December 1, 1995, or telephone [phone].
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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
December 12, 1995
USDA Forest Service
c/o Mr. Randle Phillips
Forest Supervisor
Post Office Box 2570
Asheville, N.C. 28802
Dear Mr. Phillips:
?EHNR

Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed upgrade the public beach on Lake Santeetlah
Cheoah Point Recreation Area
Project # 951161, COE # 199600134
Graham County
Attached hereto is a copy of Certification No. 3045 issued to USDA Forest Service
dated 12 December 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
PstConHow , Jr. P
Attachments
3045.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. 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/ 1096 post-consumer paper
NORTH CAROLINA
Graham 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 USDA Forest Service resulting in Graham County
pursuant to an application filed on the 31st day of October of 1995 to upgrade the public beach on Lake
Santeetlah at Cheoah Point Recreation Area.
The Application provides adequate assurance that the discharge of fill material into the waters of
Santeetlah Lake in conjunction with the proposed development in Graham 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your application or as
described in the Public Notice. If you change your project, you must notify us and you may be required to send
a revised application. For this approval to be valid, you must follow the conditions listed below. In addition,
you should get any other federal, state or local permits before you go ahead with your project.
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 (50 NTUs in
streams and rivers not designatedas trout waters by DEM; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout waters).
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 404
and/or Coastal Area Management Act Permit. This Certification shall expire. upon of the 404 or
CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) 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. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications' upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final
and binding.
This the 12th day of December, 1995.
DIVISION OF ENViRC
Preston ow , Jr. I
WQC# 3045
1EMORANDUM PRINT NAMES:
Reviewer: o.
rO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
\.7.1 0.?
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
-**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **
PERMIT YR: 95 PERMIT NO: 0001161 COUNTY: GRAHAM
APPLICANT NAME: USDA - FOREST SERVICE - LAX$ SANTEELAH
PROJECT TYPE: DISCHARGE MATERIAL PERMIT TYPE:
COE #: 199600134 DOT #:
RCD_FROM _CDA: COE DATE_FRM_CDA: 11/01/95
REG OFFICE: ARO
RIVER AND SUB BASIN J:
STR INDEX N0:
STREAM CLASS:
WL IMPACT?: Y/N WL TYPE:
WL REQUESTED: WL_ACR EST?: Y/N
WL SCORE M : WATER IMPACTED BY FILL?: Y/N
MITIGATION?: Y/N MITIGATION TYPE:
MITIGATION SIZE: DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE SSnUE/COND DENY
COMMENTS :
$.?J??. ? ?, e, . • ?? ?? ., 0.J ?\
cc: Regional Office
Central Files
4,
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF October 31, 1995
Regulatory Branch
Action ID No. 199600134
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
95//6
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NcFS
Enclosed is Lhe application of USDA, Forest Service for Department of the
Army authorization and a State Water Quality Certification to discharge fill
material into Lake Santeetlah in conjunction with the upgrading of a public
beach area at Cheoah Point Recreation Area near Robbinsville, Graham 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 is required under the provisions of Section 401 of the same law.
A Department of :ie 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 December 29, 1995, 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,
J?Jief e Wr i h
Regula ory Branch
Enclosure/as
M
Copies 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
APPLIOATioN FOR DEPARTMENT OF THE ARMY PERMIT
133 CPR 325)
011111 dAPPROVAI, f10. 0110-003
&s;phras 010tOWN 1994
??rrar..?.crx w
Pubile reporting burden for this coiisetion of Information is estimated to average S hours per respooves,. Inctudho the *Tts for ravlov irfj Instructions,
searching existing data sources, gathering and maintaining the data needed, and comploUnq and ravlawing the cello ;tlitn of Inforuttllon. Send
comments reowding this burden estimate or any other aspect of this collection of Inlomtwtion, ineNrdng suggoi tion:e fcw re"'lrill Ole burden, to
Dirpertmonit of Defense, Washington Headquarters SarAce D(rsctorote of tnfermstloltQperatlons and Floports. 1216 Jotlorw DoWti lltghwey. 8441119
1204, Arlington, VA 2:2202.4302; and to the Office of Management and RudgioQ, Paperwork tterkiction Project (0T 1040031, Mho h "Won, DC
20603, Please DO NO RETURN your form to either of those addresser. Completed applications must bit submitted to the tHotricrt Engineer having
Wadiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require iparrnits suthodirini4 activities III, or affecting,
navigable waters of this United States, the discharge of dredged or fill material Into waters of the Urgtvi States, sins the transportation of dredged
material for the purpose of dumping It Into ocean waters. Routine Uses: tnforrtstion provided on this form will to r,issd In avaluarirrg the application
for a permit. Disclosures Disclosure of requested information Is voluntary. It Information Is not p hDvidaid, however, the poninit eia,dicatlori cannot be
processed nor can a permit be issued.
Ono set of original drawings or good reproducibir 7oples which show the location and character of the proposed activity rrrtrst bit attached to this
applicatlon foss sample drawings and instructionsi and be submitted to the District Engineer having Ju6idiefto owv the locstlgrn 0 the propessd
activity. An application that is not completed in full will be returned.
_ re.wrw.
1. APPLICATION NO. 2, FIELD OFFICE CODE 3, DATE RECEIVED 4. DATE APPi. CATION COMPLETED

maW,rn.,?wnPn+..rr-...?wsw,rP s
5. APPLICANT'S NAME B. AUTHORIZED AGENTIE NAME AND TITLE (ansida4Imnot reout.Trl
Randle G. Philligs, Fore:_at Su crvisor
0, APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
USDA, Forest St-rvic a Same
P. 0. Box 2750

a. Residence a. Residence
It, Business 704--257-4200 b. Business 704--2,57--4214

I hereby authorize, Richard G. Burn ?.uuswrr_w®.er•.m w.w??wrr,rx wn..
to act in my behalf as my agent in the larocassing of tnii application and to
furnish, upon r 4,051, supplemental inlorrnation in support 4 this partnit application,
T

At' ICANT'S SIGNATURE DATE
wvnew.r..n.x•nn•..o-.,wrsre;n w
NAME, LOCATION AND !DESCRIPTION OF PROJECT
12. PROJECT NAME OR TITLE ta•r inrtrutrtonrp REG?EIVED
Cheoah Point Recreation /1>i:ea
13, NAME OF WATFR1JQDY, IF KNOWN lito,riwir:rahlot 14. PROJECT STREIET At.,DRESS or rf?.411 4 144
Lake Santeetlah
5, LOCATION OF PAOJEC T
f ,?^?'r +?
A
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Graham ,x.
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COUN rY STATE
$, OTHES LOCATION LlrSCRIPTIONS, IF KNOWN,
Located in USDA, Forest Service Recreation Area. About 5 milen 1W of R+,7bbin"svIl'le.
7, DIRECTIONS TO THE. SITE
North o C Robb.i,tisv i..lle on US 129, about 8 miles to Forest Service Road 463. Wert to project
Mee. See vtcimi.ty n1ap fl-
s #,,oueje '8o8-3odsn +-5800/8d800 Aw8v sn ; 60:9L ; 98-9L-OL; ?OTJA,r;0 J045Ut1?I1M:,l9 A08
j .r- -"??II11111 .._._. ?.WIIIT•A•4w ...nr _ __ .
IS, Nalme of Actlvily (Descrlrrr/enorw./W, OC/bdd.Mr.,arm.,a
bed, f: i. i. f. and vidd c l.enn .4and for .swlln ara',i+ rxisting battom w: U.. be recon-
ltecontollr .l.; kc
LUtitzed) .F-1II mat-.p-Hrit. wlI.I. bo p ace(l as needed t-.o achieve de.1red bott_r)mi otop. ";;11'd conditions-
Soinn f-C L L to I..l. L eoilie from cutting the bale bottom where Po-,q sibl e to the 71',I; foist; c,.Cntour.
(.qee d.rawltip)
19. Project Purpose /0039rfb# the rr•aan or purpolf of fn. prefscr, s« lnarrucdonJ
RecotisL•r.uet eXfflti,ng :swimininf, aroa to i.mi)rove. and meet standard.s.. This is part, of an cver-
ral.l. ro-creation area reconstruction/rehabilitation.
20. Reason(s) for Discharge
Create swim area condition,-,- that meet standards.
_.. _,. ?-wwr ,_.,rrr l,lr r.narwn .Ir
21. Typo(s) of Materiel Being Oiecharged and the Amount of Each Type in Cubic Yards
Fi-1-1 Roil mater.i.z.l- rrgin oplauct borrow area - about 451 cubic ;yards.
Fill sand mater1.ai for swim area bottom - about 283 cubic ytrril.
22. Surface Area in Acres of wetlands or Other Waters Filled (,..1..rrrcams; 11??
Appr'ozd.mately I acre.
23. Is Any Portion of the Work Already Compteta? Yes - No iF YES, DESCRIBE THE COMMLETFO WORK
24: Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbedyl;if more than can be entor64 here,
please attach a supplemental list).
Project is located entirely within National Forest Land.
25. List of Other Cartifiestiona or ApprovalsjDenials Received from other Federal, State or local Agioncies for W wk. Deatcribed. In This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE A,PFRQVfiD DATE DENIED
°Woutd include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made fol a permit or permits to cuff ,irixs the work described In this spipi;"patiam I conifr that ting Intorrnation In tf?Im
apptiVatlon (s complete and accuretel I further certify that l possess the authority to undertake the work described here{i.n or am acting as the
duly authorized agent of this applicant. f
SIGNATURE OF APPLICANT BATE SIGNATURE OF AGENT DATE
The application must he signed by the person who desires to undertake the proposed ectivity tepplicand or it quay !be filg n,rd by a duly
authorized agent if the statement In block 1 1 has been filled out and signed.
18 U.S.C. Section 1001 provides that; Whoever, in any manner within the jurisdiction of any dbrpartrmant o: i(iont,y of tf; V 'JAKafd States
knowingly and willfully falsifies, conceals, or covers up any trick., scheme, or disguises a material fact air makciat any falon, fictitious or
fMdultnlt statements or representations or makes or uses any false writing or document knowing some to (contain any I.rIse, fictitious or
fraudulent statements or entry, shall be fined not more then 110,004 or Imprisoned not more then five yow,* or both,.
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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
November 7, 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
i tiO?/ 2 0 i9C?
WETLANDS Gic.
._, WATER QUALITY S?
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199600134 dated
November 2, 1995 describing a proposed project by USDA, Forest Service, Randle G. Phillips,
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 December 1, 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
Signed
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
C) EHNFi
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
M' s
State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
E:) E H IV F?
Roger N. Schecter, Director
November 7, 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. 199600134 dated
November 2, 1995 describing a proposed project by USDA, Forest Service, Randle G. Phillips,
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 December 1, 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
fI
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199600134 November 2, 1995
PUBLIC NOTICE
USDA, FOREST SERVICE, RANDLE G. PHILLIPS, FOREST SUPERVISOR, POST OFFICE
BOX 2570, ASHEVILLE, NORTH CAROLINA 28802 has applied for a Department of the
Army (DA) permit TO CREATE A SWIMMING AREA AT THE CHEOAH POINT RECREATION AREA
IN LAKE SANTEETLAH APPROXIMATELY 5 MILES NORTHWEST OF Robbinsville, Graham
County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
recontouring of an approximate 350-foot wide by 230-foot long area of the lake
bottom. The recontouring will be done by bulldozer when the lake is drawn
down. After the grading is completed, 450 cubic yards of soil from an upland
borrow area will be used to build up an approximate 190-foot wide by 180-foot
long beach area. The soil will be topped with 280 cubic yards of sand
averaging 8-12 inches in depth, to be contained on the upper beach area by
marine grade timbers. Construction of a 5-foot wide by 50-foot long walkway
leading to a 15-foot square handicapped accessible swimming platform will
require the discharge of 30 cubic yards of gravel and concrete below the full
pool elevation of the lake. The purpose of the work is to improve the
swimming area to meet standards as part of an overall recreation area
reconstruction/rehabilitation. 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 (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 (NCDEM) 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 site 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.
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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
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-. -T-ha-t 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
- genera-1, the--need$ and-waeltare_of_the people For activities involving the
placement of dred-ied 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.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not b made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
- -- m?e , -i -tinn -nd this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM 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 (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting cofies upon payment of reproduction costs.

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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 (NCDEM), post office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 24, 1995,
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.,
December 1, 1995, or telephone [phone].
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