19960428 Ver 1_COMPLETE FILE_19960503

MEMORANDUM

PRINT NAMES: ~
ReViewer~~~~~ir.--
JOHN DORNEY WQ SUPV.._____ ~
ENVIRONMENTAL SCIENCES BRANCH DATE:

WETLAND STAFF REPORT AND RECOMMENDATIONS

TO:

SUBJECT:

***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR: 96 PERMIT NO: 0000428
APPLICANT NAME: NANTAHALA POWER AND LIGHT
PROJECT TYPE: FILL/EXCAVATION
COE_#: 199600907
RCD FROM CDA: COE t
REG OFFICE: ARO wA;~'~ C~

RIVER_AND_SUB_BASIN_# :ZJ9-?)~'" o..J

STREAM CLASS :e--ffl..o~

COUNTY: MACON

CO.

PERMIT TYPE:
DOT_If:
DATE_FRM_CDA: 05/03/96

STR INDEX_NO: :2-S-7-~.s

WL IMPACT?: ~
WL REQUESTED:
WL_SCORE (/f) :
MITIGATION?: Y/N
MITIGATION SIZE:

WL_TYPE:AI~ ~~vJ..s.

WL_ACR_EST?: Y/N
WATER IMPACTED BY FILL?: Y~
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: Y~

IS WETLAND RATING SHEET ATTACHED?: ~
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?~
RECOMMENDATION (Circle One): ISSU~UE/CO~DENY
COMMENTS @~ t:; /~ :z.-~~ ~~~::;.1k4..
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cc:

Regional Office
Central Files

RECEIVED

JUN 2 0 1996
ENviRONMENT A
'. ''''~JSCIENC~s

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

AVA

DEHNR

June 24, 1996

Mr. Tom Smitherman, V.P. of Operations
N antahala Power and Light Co.
P.O. Box 260
Franklin, NC 28734

Dear Mr. Smitherman,

Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed stream excavation
Project #960428, CaE #199600907
Macon County

Attached hereto is a copy of Certification No. 3073 issued to Nantahala Power and Light Co.
dated 24 June 1996.

If we can be of further assistance, do not hesitate to contact us.
Sincerely,
~ "./UL-jL,t-lt:( ( .0..' l \ 1 Li ((
A. Preston Howard, Jr. P.E.

0~~ .J f: 'I}

Attachments

960428. wqc

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

Envlro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycledl1 0% post consumer paper

NORTH CAROLINA 401 WATER QUALITY 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 Nantahala Power and
Light Co. in Macon County pursuant to an application filed on the 2nd day of May of 1996 to
remove accumulated sediment near the White Oak diversion dam.

The application provides adequate assurance that the discharge of fill material into the waters
of White Oak Creek in conjunction with the proposed development 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 submit 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 designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. Water level shall be lowered by using the gate nearest to the intake rack.
3 . Piping shall be installed to this gate.
4. Material shall be dredged from in front of the sluice gate.
5. During heavy rains, the sluice gate may be opened to prevent silt buildup.
6. Silt shall be deposited on upland sites and stabilized to prevent erosion.

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 Federa1404 and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.

If this Certification is unacceptable to 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. Hmodifications 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 24th day of June, 1996
DIVISION OF ENVIRONMENTAL MANAGEMENT

A. Preston Howard, Jr. P.E.

WQC #3073

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management

James B. Hunt, Jr., Governor
Jonathan S, Howes, Secretary
Roger N. Schecter, Director

May 10, 1996

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

AVA
DEHNR

The attached U.S. Army Corps of Engineers Public Notice for Action No. 199600907 dated May 2, 1996
describing a proposed project by Nantahala Power & Light Company 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 31,1996. 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

- ~~~t-1r~
--f= This office su~s the project proposal.
No comment.

-I- Comments on this project are attached.

This office objects to the project as proposed.

Signed

N{;t

Date

P,O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-2293

~'/t~/u

Reduce Rtu6e Ruycr..'

FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 1 0% post-consumer paper

ffiMORANDUM

I PRINT NAMES: ~ I
I ReVleWer:~ ~,c,-..--
JOHN DORNEY WQ SUPV.:_ _ _~
ENVIRONMENTAL SCIENCES BRANCH DATE:

WETLAND STAFF REPORT AND RECOMMENDATIONS

ro:

;UBJECT :

PERMIT YR: 95 PERMIT NO: 0000428
APPLICANT NAME: NANTAHAlA POWER AND LIGHT CO.
PROJECT TYPE: l"ILL/EXCAVATION
COE I: 199600907
ReD FROM CDA: COE l
REG_OFFICE: ARO uJ/t.~~,lf... C~
~IVER_ AND _ SUB_BAS IN_" :ZJ9-lJ jl... 0.3
STREAM CLASS: e---ff1..o~

***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
COUNTY: MACON

PERMIT TYPE:
DOT ff;
nATF._FRM_CDA: 05/03/96

STR_INDEX_NO: :2-.r-7- io'S-

WL_IMPACT?: ~
WL_REQUESTED:
WL_SCORE ( /) ) :
MITIGATION?: Y/N

WL_TYPE:AllO /N~VJ....s.

MITIGATION SIZEl

WL_ACR_EST?: Y/N
WATRR IMPACTED BY FILL?: Y~
MITIGATION TYPE:
DID YOU REQUEST MoRE INFO?; Y@

IS WETLAND RATING SHEET ATTAC}ffiD?: f!!P
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED Wll~ APPLICANT?~
RECOMMENDATION (Circl~ One): ISSU~UE/CO~DENY

COMMENTSa2~~/~~ ~:~~D ~~4-
~cfl..(--t) ,;;. I';" --,,: .i?- ~~
;~~ fZA~-k.-.@ 2)u..I~ ~~-<L~1 ~~ ':-~n... ~~ S"'&.-'~ _.
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~,~~,_~t'15'jt~.,s.I2~d)1 H ~-r I:IItI#~~
~eNf~",,- ,-~JC.,. .

F3XII

'8X

cc: Regional Office
CenLral Files

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

.AVA
DEHNR

May 10, 1996

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. 199600907 dated May 2,1996
describing a proposed project by Nantahala Power & Light Company 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 31,1996. 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
Voice 919-733-2293

NOt

FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50% recycled/l0% post-consumer paper

Re.:luce: Reuee:~

~

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

Action ID No. 199600907

May 2, 1996

PUBLIC NOTICE

NANTAHALA POWER AND LIGHT COMPANY, REPRESENTED BY TOM SMITHERMAN, VICE
PRESIDENT OF OPERATIONS, POST OFFICE BOX 260, FRANKLIN, NORTH CAROLINA 28734
has applied for a Department of the Army (DA) permit TO DISCHARGE FILL
MATERIAL INTO WHITE OAK CREEK IN CONJUNCTION WITH THE EXCAVATION OF
ACCUMULATED SEDIMENT UPSTREAM OF THE WHITE OAK DIVERSION DAM LOCATED OFF OF
STATE ROAD 1310 NEAR Kyle, Macon 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
excavation of approximately 1,000 cubic yards of sediment from an area
120-feet long by 80-feet wide immediately upstream of the dam. An average of
3-feet of sediment will be removed by a dragline or trackhoe and deposited on
the adjacent bank between the reservoir and the road. Silt fencing is to be
installed to prevent reentry into the lake until the spoil material has been
stabilized. An existing cofferdam above the lake, which was used to dewater
the site during the original dam construction, will be extended with sandbags
in order to temporarily carry the streamflow through three flexible pipes to
the sluice gate of the dam. The extension will involve the placement of a
20-foot long by 8-foot high stack of sandbags. The applicant estimates that
ten cubic yards or less of sediment will be discharged into White Oak Creek
when the sluice gate is opened to drain the lake. The purpose of the work is
to remove sediment that is restricting the flow of water into the intake
tunnel for electrical power generation. 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.

Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work,
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.

This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this 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.

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 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.

Generally, the decision whether to issue this Department of the Army (DA)
permit will not be 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.

2

~

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 May 24, 1996, 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 31,
1996, or telephone [phone].

3

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q 604 Z~

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

Action ID No. 199600907

May 2, 1996

PUBLIC NOTICE

NANTAHALA POWER AND LIGHT COMPANY, REPRESENTED BY TOM SMITHERMAN, VICE
PRESIDENT OF OPERATIONS, POST OFFICE BOX 260, FRANKLIN, NORTH CAROLINA 28734
has applied for a Department of the Army (DA) permit TO DISCHARGE FILL
MATERIAL INTO WHITE OAK CREEK IN CONJUNCTION WITH THE EXCAVATION OF
ACCUMULATED SEDIMENT UPSTREAM OF THE WHITE OAK DIVERSION DAM LOCATED OFF OF
STATE ROAD 1310 NEAR Kyle, Macon 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
excavation of approximately 1,000 cubic yards of sediment from an area
120-feet long by 80-feet wide immediately upstream of the dam. An average of
3-feet of sediment will be removed by a dragline or trackhoe and deposited on
the adjacent bank between the reservoir and the road. Silt fencing is to be
installed to prevent reentry into the lake until the spoil material has been
stabilized. An existing cofferdam above the lake, which was used to dewater
the site during the original dam construction, will be extended with sandbags
in order to temporarily carry the streamflow through three flexible pipes to
the sluice gate of the dam. The extension will involve the placement of a
20-foot long by 8-foot high stack of sandbags. The applicant estimates that
ten cubic yards or less of sediment will be discharged into White Oak Creek
when the sluice gate is opened to drain the lake. The purpose of the work is
to remove sediment that is restricting the flow of water into the intake
tunnel for electrical power generation. 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.

Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken,

This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this 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.

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 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.

Generally, the decision whether to issue this Department of the Army (DA)
permit will not be 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.

2

~

..

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 May 24, 1996, 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 31,
1996, or telephone [phone].

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Appalachian Hardwood
Manufacturers, Inc.

Notional Wooden PIllI.t
'" Contolner AuocIotlon

May 7, 1996

Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402-1890

To Whom It May Concern:

In response to your Public Notice - Action 10 No. 199600907,
Nantahala Power and Light Company has always been a good
corporate neighbor. In the past they have been very responsive
to public interests. We have no reason to respond negatively
to the application. We urge you to issue the permit.

Sincerely,

rf1~ J1l~

Thomas L. Thrash, President
WNC Pallet & Forest Products Co.
General Partner for Beech Cove Limited Partnership

cc:

Nantahala Power and Light Co. /
NC Division of Environmental Management

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P,O. Box 38 · 1414 Smoky Park Highway · Candler, North Carolina 28715
704-667-5426 · FAX [phone]

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DEPARTMENT OF THE ARMY
WilMINGTON DISTRICT, CORPS OF ENGINEERS
po. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

May 2, 1996

IN REPLY REFER TO

Regulatory Branch

Action ID No. 199600907

Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina

Management
of

27626-0535

Dear Mr, Dorney:

Enclosed is the application of Nantahala Power and Light Company for
Department of the Army authorization and a State Water Quality Certification
to discharge fill material into White Oak Creek in conjunction with the
dewatering and excavation of accumulated sediment from White Oak Reservoir
near Kyle, Macon 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 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 July 1, 1996, the District Engineer will deem that
waiver has occurred.

Questions or comments may be addressed to Dave Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].

Sincerely,

.,A~ l(/ ~I

Fti<.

Robert W, Johnson
Office Manager
Asheville Regulatory Field Office

Enclosure/as

-

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

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May 2, 1996

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Regulatory Branch

Action ID No. 199600907

Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina

Management
of

27626-0535

Dear Mr. Dorney:

Enclosed is the application of Nantahala Power and Light Company for
Department of the Army authorization and a State Water Quality Certification
to discharge fill material into White Oak Creek in conjunction with the
dewatering and excavation of accumulated sediment from White Oak Reservoir
near Kyle, Macon 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 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 July 1, 1996, the District Engineer will deem that
waiver has occurred.

Questions or comments may be addressed to Dave Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].

Sincerely,

FILENAME: np14.05a/nw
CESAW-CO-RA/Baker
CESAW-CO-RAiJQhnqnn/m~~
MAIL
Robert W. Johnson CESAW-CO-RA/file
Office Manager
Asheville Regulatory Field Office

Enclosure/as

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Copies Furnished ('W.i,thou,t 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

-

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 326J Explr.. Octob.r 1998

Public r.portlng burd.n for thl. coll.ctlon of Information I. ..tlm.t.d to av.r.g. 6 hour. p.r r..pon... Including the tlm. for r.vI.wlng In.tructlon..
..arching .xlltlng d.t. lourc.I, gath.rlng and maintaining the d.t. n..d.d. .nd compl.tlng .nd r.vI.wlng the coll.ctlon of Inform.tlon. Send
cumm.ntl reg.rdlng thl. burd.n eltlmate or any oth.r .lp.Ct of thll coll.ctlon of Information. Including .ugg.ltlonl for r.duclng thl. burd.n. to
D.partm.nt of D.f.nl., Walhlngton Headquart.rl S.rvlc. Dlr.ctor.t. of Inform.tlonOp.ratlon. .nd R.portl. 121& J.ff.rlon Davll Hlghw.y. Suit.
1204. Arlington. VA 22202-4302: and to the Offlc. of M.n.gement.nd Budg.t. P.p.rwork R.ductlon ProJ.ct 10710-00031. W..hlngton. DC
20603. PI.... DO NO RETURN your form to elth.r of tho.. .ddr...... Compl.t.d application. mu.t b. .ubmltt.d to the DI.trlct Engln.er h.vlng
Jurl.dlctlon ov.r the loc.tlon of the propo..d .ctlvlty.

PRIVACY ACT STATEMENT

Authority: 33 USC 401. Section 10: 1413. S.ctlon 404. Principal Purpo.e: The.elaw. requlr. permit. .uthorlzlng .ctlvltle.ln. or .ffectlng.
navigable ~aterl of, ~he Un(ted ~tat.... t~.. dI.ch.rge of dredged or fill mat.rlallnto wat.r. of the Unlt.d Stat... and the tran.portatlon of dredg.d
m.t.rlal 'or tha 'J'Urpo.. of dumpll\g It Into oc.an wat.r..,Routlne U...: Information provld.d on thl. form will b. u..d In .valu.tlng the .ppllc.tlon
for a p.rmlt. DI.clowr.: Drlclolure of r.qu..t.d' Information I. voluntary. If Inform.tlon I. not provld.d. how.v.r. the permit .ppllcatlon c.nnot b.
proc....d nor can . p.rmlt be I..ued.

On. ..t of original dr.wlngl or good reproduclbl. copl.. which Ihow the location and charact.r of the propo..d .ctlvlty mu.t b. attach.d to thl.
application I... lampl. drawlngl and In.tructlon.1 and b. .ubmltt.d to the DI.trlct Engln..r having Jurl.dlctlon ov.r the location of the propo..d
activity. An application that I. not compl.t.d In full will b. r.tum.d.

1. APPLICATION NO.
/1?bO0907

2. FIELD OFFICE CODE

3. DATE RECEIVED

4. DA TE APPLICATION COMPLETED

5. APPLICANT'S NAME Nantahala Power & Light
Tom Smitherman, VP Operations

8. AUTHORIZED AGENT'S NAME AND TITLE (.ugentlsnotfW/uhdJ
Ll L. .' ::.: \ .{ r.: D

rl:. L..., , , '\ ~ -' '"'M, h.

6. APPLICANT'S ADDRESS
Nantahala Power & Light Company
PO Box 260, Franklin, NC 28734

9. AGENT'S ADDRESS

APR 1 9 1995

a. Residence
b. Business

[phone]
[phone]

b. Business

11. STATEMENT QF AUTHORIZATION

I hereby authorize, to act in my behalf as my agent in the processing of this application .nd to
furnish, upon request, supplemental information In support of this permit application.

APPLICANT'S SIGNATURE

DATE

NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE C...INlrUCllonll White Oak Diversion Dam

13. NAME OF WATERBODY, IF KNOWN (N.ppllc.bI6J
White Oak Creek

14. PROJECT STREET ADDRESS (N .ppHc.bI6l

15. LOCATION OF PROJECT

Macon
COUNTY

NC
STATE

16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (_Instructlonsl Impounding Whi te Oak Creek Approxima tely
7 miles above Nantahala Plant on State Road 1310.

17. DIRECTIONS TO THE SITE From Asheville- go 1-40 west to exit 27, exit onto state
highway 19-74 west, continue on 74 west to Nantahala launch site, approx.
8.5 miles west of Nantahala Ourdoor Center. Turn right on State Rd. 1310.
Go south approximately 7 miles past Nantahala Power Plant. White Oak Darn
is located on the right side of the road.

ENG FORM 4345, Feb 94

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BLOCK 18

WHEN WHITE OAK DAM WAS CONSTRUCTED IN 1949. A COFFER DAM WAS BUILT
TO RE-ROUTE THE STREAMFLOW AWAY FROM THE DAM CONSTRUCTION. THIS
PREVIOUSLY MENTIONED COFFER DAM WAS LEFT INTACT AND IS PRESENTLY UNDER
THE FOOT BRIDGE COVERED BY THREE FEET OF WATER.
N.P.&L IS PLANNING TO EXTEND THE COFFER DAM USING SANDBAGS TO COMPLETELY
CHANNEL WHITE OAK STREAMFLOW INTO THREE FLEXIBLE PIPES. THE SANDBAG
EXTENSION WILL BE APPROXIMATELY TWENTY FEET LONG AND EIGHT FEET HIGH.
THESE PIPES WILL RUN FROM THE COFFER DAM TO THE SLUICE GATE LOCATED IN THE
BOTTOM LEFT SIDE OF THE DAM. THE PIPES WILL CARRY THE STREAMFLOW AFTER
WHITE OAK DAM IS DRAINED SO THE SILT CAN BE REMOVED.
AN AREA APPROX. ONE HUNDRED TWENTY FEET LONG BY EIGHTY FEET WIDE WILL BE
DUG OUT USING A DRAGLlNE OR TRACKHOE. THE AVERAGE DEPTH OF SILT TO BE RE-
MOVED IS ESTIMATED TO BE THREE FEET. IT IS ESTIMATED THAT ONE THOUSAND CUBIC
YARDS OF SILT WILL BE REMOVED.
AS THE SILT IS DUG OUT. IT WILL BE PLACED IN A STORAGE SITE BUILT WITH PYLONS ON
THE SIDE OF THE DAM NEXT TO THE HIGHWAY. SILT FENCES WILL ALSO BE PLACED TO
KEEP SILT FROM SEEPING BACK INTO THE LAKE.
WHEN THE SLUICE GATE IS OPENED, IT IS ESTIMATED THAT TEN CUBIC YARDS OR LESS
WILL BE DISCHARGED INTO WHITE OAK CREEK.
FOR MORE ACURATE DIMENSIONS. SEE ATTACHED SCALE DRAWING OF WHITE OAK DAM.

BLOCK 24

GEORGE EDWARD GRANT
11739 NE 128TH AVENUE
OKEECHOBEE, FL 34972

GREG COXON
4221 W SITKA
TAMPA, FL 33614

LARRY W PAUL
POBOX 1037
COMNAY, SC 29526

BEECH COVE LIMITED PARTNERSHIP
C/O WNC PALLET CO P.O. BOX 38
CANDLER, NC 28715

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