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DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
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PRE-CONSTRUCTION NOTIFICATION APPLICATIQN
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE
1. OWNER'S NAME: ?(L/1?-mot K C J• i T \?J S
2. MAILING ADDRESS: 1 6
r
SUBDIVISION NAME
CITY: r'j U6" e' __ STATE: !" c. ZIP CODE: 707
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER: (HOME m 3yy (WORK) N
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: t j ln
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTYT_J Ca S ? - NEAREST TOWN: o)
II y ?
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
or a.t? cam- 33"° 16 o7ra " ? 8 3 ° 5' ?2
6. IMPACTED OR NEAREST STREAM/RIVER: ?_?r? ?r l? f PO
RIVER BASIN: --T -u c h o,Jogeo
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED A TROD , TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURS TERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( ) IF YES, EXPLAIN:
war he Clor, (a/-\ hkr\k C,-f r ? Fo,k C
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LI T C&
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? / '\
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( ) NO 66 IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PE IT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO 7114 ) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: • Io . ,Z
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE :
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DIIS A E BOTH BEFORE AND AFTER ?ELOCATION:
LENGTH BEFORE: 1'1' U FT AFTER: `jJtU&kf Q60 FT
WIDTH BEFORE (based on normal high water contours): (20(xr 3S IOukr 30 FI'
I S ( ? 5.
AVERAGE DEPTH BEFORE: FI AFTER: I' S ?
5F-1-
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION
CHANNEL EXCAVATION
OTHER:
PLACEMENT OF PIPE IN CHANNEL:
COONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND ) IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND'? I" /A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Use 64,C k Le _j I o(Xtir 771 n?_, r.n I r% 1-t\r k /f-, n 4
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UJ y\. C'- U or`t , `l' JYbry` '1"(0 t.41/?
Q-cr?s ? ve?.?a?y r,u ?cx-r??a..l ? ? tea-?e.,- d
14. STATE REASONS WHY IT IS BELIEVE HAT THIS ACTIVIT) MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) /
A.
13. PURPOSE OF PROPOSED WORK: 1 I (?-? r;&.k vcA darnQ O
15. YOU ARE REQUIRED TO CON'T'ACT THE USASH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO (X e ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEAT ON MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? `
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
f
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
C2 "'' l ? v f ? ? ` I
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
1
Eroded bank area.
Mostly loose dirt
bank after 1/98
flooding damage.
Propose to use
backthoc/loader to
bring in rock/rip-
rap and/or move
rock from "Dry
rock area" to
stabilize creek
I-„1.
During high water,
creek overflows
bank and cuts a
different channel.
/v
/v
0
0
0 0 0
v ,. 0
Dry rock area
/ Q V
0 0 0 0
iv 0 0
?v
Lower Flooding Area
I I (Approximately 5.1
miles up SR 1737)
t i urk Cancy Fork
ENE Creek Road SR 1737 [Upper Flooding Area
Name: TUCKASEGEE Location: 035° 18'38.9" N 083'05'18.8" W
Date: 8/16/99
Scale: 1 inch equals 666 feet
J
Copyright (C) 1997, Maplech, Inc.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930531 County Jackson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Samuel K. Matthews
Address: 5649 Caney Fork Road
Cullowhee, North Carolina 28723
Telephone No.: (828)293-3444
Size and Location of project (water body, road name/number, town, etc.): 2 areas bordering Caney Fork
Creek approximately 6 miles up State Road 1737 in Cullowhee, North Carolina.
Description of Activity to stabilize a total of 260-feet (upper 60-feet, lower 200-feet) of eroding
bank along Caney Fork Creek with riprap obtained from an upland area. Stabilization is
to be followed with the establishment of a permanent planted riparian zone.
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
13 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached
March 5, 1999 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404
block above is checked), before beginning work you must also receive a Section 401 water quality certification from the
N.C. Division of Water Quality, telephone (919) 733-1786.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of die responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 3-17-99-
Corps Regulatory Official _ David Baker Telephone No. (828) 271-4856
Expiration Date of Verification 3-17-2001
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF,REQUIRED OR AVAILABLE.
C&SAW Form 591
Revised July 1995
1?
North Carolina Wildlife Resources Commission ri _
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
March 5, 1999
Mr. Robert Johnson, Office Manager
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
SUBJECT: Samuel K. Matthews Nationwide 404 Permit Application
Bank stabilization - Caney Fork Creek
Jackson County, North Carolina
Dear Mr. Johnson:
Mr. Samuel K. Matthews is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. I have reviewed
information provided by the applicant, and I am familiar with habitat values of the project area. 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 stabilize approximately 200 linear feet of eroding stream bank in the vicinity of
known trout populations. The NCWRC is concerned about potential project impacts to trout and other aquatic
resources in this drainage, however, we do not object to the issuance of a 404 permit provided the following
conditions be placed on the subject permit:
1. Adequate sedimentation and erosion control measures trust be implemented and maintained on the
project site to avoid impacts to downstream aquatic resources.
2. Only clean, sediment-free rock and/or large woody material should be used for batik stabilization.
3. Under no circumstances should rock, sand, or other materials be dredged from the wetted stream
channel under authorization of this permit, except in the inunediate vicinity of the eroding bank.
Such materials are unstable in flowing water situations and are unsuitable for bank stabilization.
Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural forth of the
stream channel will likely cause downstream erosion problems, possibly affecting other land owners.
4. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable
shoreline areas in a natural condition. Grading and backfilling should be minimized, and tree and
shrub growth should be retained if possible to ensure long teen availability of shoreline cover for
gantefish and wildlife.
Bank stabilization permit Page 2 March 5, 1999
5. Native trees (willows, alders, sycamores, dogwoods, black walnut and red maple), and herbaceous
shrubs, should be planted along the stream bank to reestablish the riparian zone and to provide long
term erosion control.
6. Repairs to eroded banks should be conducted in a dry work area, if possible. Sandbags, rock berms,
or other diversion structures should be used where possible to rainimize excavation in flowing water.
7. Construction is prohibited during the trout spawning period of November 1 to April 15 in order to
protect the egg and fry stages from sedimentation.
8. All mechanized equipment operated near surface waters should be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the NCWRC may inspect the work site during or after construction. If there are any questions regarding these
comments, please contact me at (828) 452-2546.
Sincerely,
Mark S. Davis
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Samuel K. Matthews, applicant
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 1999
Samuel K. Matthews
5649 Caney Fork Road
Cullowhee, NC 28723
() 10 5 5
Dear Mr. Matthews:
On August 19, 1999 the Division of Water Quality received your request for a 401
Certification for stabilizing a creek bank. Your application is being returned since
payment was not received with the application. In order for DWQ to review and process
your request, you must send a check in the amount of $200.00 made payable to the N.C.
Division of Water Quality.
If you have any questions, please call Cyndi Bell at 919-733-9721.
gio er elI
n R. Dorney
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
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