20240016 Ver 1_More Info Received_20240105

From: Hreha, Lisa L CIV USARMY CESAW (USA)
To: heartwind7(abamail.com
Cc: Healy. Shannon CIV USARMY CESAW (USA); Hreha. Lisa L CIV USARMY CESAW (USA); AshevilleNCREG
Subject: SAW-2023-02151 (Creek Bank Stabilization/Darcy Gerrard/Hayesville - Clay County)
Date: Friday, November 3, 2023 12:20:53 PM
Dear Applicant/Agent:
We have received your NWP request on 2 Nov 2023, and it will still be USACE project number SAW-
2023-02151. Please reference this project number in all future communications.
All future inquiries concerning this matter should be directed to Shannon at
[e-mail].
Thank You Lisa
Asheville Regulatory Field Office, Wilmington District, US Army Corps of Engineers
Lisa L. Hreha
Regulatory Program Technician
U.S. Army Corps of Engineers, Wilmington District
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615 Charlotte, NC 28262
Business Cell Phone — 803-904-0309

DW R
13m61on of Wavy R­
1a. Name of project:
Creek Bank Stabilization
1a. Who is the Primary Contact?
Darcy Gerrard
1b. Primary Contact Email:
heartwind7@_gmail.com
Site Coordinates
Latitude:
35.017
A. Processina Information
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Longitude:
-83.639
1c. Primary Contact Phone:
[706)994-0547
Pre -Filing Meeting Date Requestwas submitted on:
1g12612g23
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or inyolve the distribution ortransmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?"
Yes No
Is this project connected with ARPA funding?"
Yes No
County [or Counties] where the project is located:
Clay
Nearest Body of Water
Is this a NCDMS Project"
Yes No
Is this project a public transportation project?
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?"
Yes
No
1b. What type{sy of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NW or GP number been verified by the Corps?
Yes No
Nationwide Permit{NWP] Number:
NW Numbers (tor multiple NWPS):
13 - Bank Stabilization

1d. Ty pals) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
1e. Is [his notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?
Yes No
1g. Is payment into a mitigation hank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated troutwatershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an AgentJConsultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Darcy J. Gerrard, Ray M. Burleson, Shelly Burleson
2b. Deed book and page no.:
BK: CRP 401 PG: 37-37
2c. Contact Person:
2d.Address
Street Add-
721 Dick Jones Rd.
Address Lme2
city
Hayesville
Pos I; 7p Code
28904
2e, Telephone Number:
[828]389-1990
2g. Email Address:"
hearhvind7@gmaiLcom
C. Project Information and Prior Project History
1. Project Information
1h. Subdivision name:
firappropni )
1c. Nearest municipality 1 town:
Hayesville
2. Project Identification
401 Water [Quality Certification - Express
Riparian Buffer Authorization
Stal I Province J Region
Mc
Coumry
Clay
2f. Fax Number
2a. Property Identification Number: 2b. Property size:
641900135424 2.38
Yes No
Yes No

2c. Project Address
street Address
721 Dick Jones Rd
Address Line 2
City
Stal.1 Province 7 Region
Hayesville
NC
P-W J Zip Code
Country
28904
Clay
3. Surface Waters
a. Name of the nearest body of water to proposed project:
Eagle Fork Creek
3b. Water Resources Classification of nearest receiving water:"
C: Tr
3d. Please provide the 12-digit H U C in which the project is located.
O60200020105
3c. What river basins} is your project located in?�`
Hiwassee
4. Project description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
Residential.
Significant creek bank erosion exposing large portions of the root systems of tree's that are located along the bank. Loss of some large trees have occurred recently due to ongoing
erosion issues.
4b. Have Corps permits or DWR certifications been obtained for this project {including all prior phases) in the past?"
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
none
4g. List the total estimated linear feet of all existing streams on the property:
465'
4h. Explain the purpose of the proposed project:"
Stabilize creek bank to secure trees and prevent further erosion.
Also, any additional loss of trees behind house would jeopardize the structure-
4 i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
No known indirect impacts.
Apply sift retention fabric cover with rock armour.
Excavator is used to accomplish this work
5. Jurisdictional determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown NIA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name [if known}:
AgencyXonsultant Company:
Other:
6. Future Project Plans
Ba. Is this a phased project?"
Yes No

Are any other NWP{sj, regional general permit[s], or individual permits{ s] used, or intended to be used, to authorize any part of the proposed project or related activity?
None
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? [check a1I that apply]:
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Contractor carefully installed sift retention fabric under rock armor along creek bank and under exposed tree roots. No damage occurred to adjoining
property in the process.
1b. Specifically describe measures taken to avoid orminimize the proposed impacts through construction techniques:
Licensed, professional contractor carefully used excavator to lower rock into place to minimize soillsilt
disturbance. Placed fabric under approximately 3' of rock. Upon completion, hydro seeded property along the bank.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for iinpacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No change to creek flow or width of creek-
F. Stormwater Management and Diffuse Flow Plan [required by DWR]
1, Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
I was told by Shannon Healy, US Army Corps of Engineers that this is not applicable to our project.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCSD00250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003{21?
Yes No
Comments:
Army Corps of Engineers and EPA representatives came to site on 1012612023 and stated thatthe impact of the project was negligible.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (fed erallstatellocal) funds or the use of public (federallstate) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules II5A NCAC 2B .02001?R
Yes No
2b Provide an explanation of the vtototion(s):
3. Cumulative Impacts (DWR Requirement)

3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no;' provide a short narrative description.
Armouring of the creek bank will lesson the release of soillsiIt and prevent further loss of trees along the bank.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by D'WR for this project?"
Yes NO NIA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
C•a. Will this project occur in or near an area with fed era ily protected species or habitat? `
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5d. Is another Federal agency involved?"
Yes No Unknown
5e. Is this a DOT project located within Division's f -S?
Yes NO
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes NO
5g. Does this project involve bridge maintenance or removal?
Yes NO
5h. Does this project involve the constructionlinstaIIation of a wind turbines}?•
Yes NO
5i. Does this project involve {f} blasting, and lor J21 other percussive activities that will be conducted by machines, such as j a ckh am me rs, mechanized pile drivers, etc.?
Yes NO
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?�`
Army Corps of Engineers stated that our project wouId not impact endangered species in our area.
8. Essential Fish Habitat (Corps Requirement)
C•i. Will this project occur in or near an area designated as an Essential Fish Habitat?�`
Yes No
fib. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
PER SHANNON HEALY, US ARMY CORPS OF ENGINEERS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
?a. Will this project occur in or near an area that the state, federal of [filial governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
Not indicated on property survey or deed.
8. Flood Zone Designation (Corps Requirement)
Sa. Will this project occur in a F E M A -de s ig n ated 7DD-year floodplain?�`
Yes No
Sb. If yes, explain how project meets FEMA requirements:
No change to size of creek or water flow.
Sc. What sources] did you use to make the floodplain determination?"
FEMA
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click fie upload button u drag and dmp files here to ama h dowmem
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Comments
Signature
By checking the box and signing below; I certify that:
• The project proponent hereby certifies that all information contained herein is [rue, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests thatthe certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PC form is a "transaction` subject to Chapter 66, Article 40 of the NC General Statutes [the `Uniform Electronic Transactions Act'};
• I agree to con ductthis transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes [the `Uniform Electronic Transactions Act'};
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AN
• I intend to electronically sign and submitthe PCN form.
Full Hamer"
Darcy Jeanne Gerrard
Signature
�4arr�[�inraKm-� cr�e�
Date
111212023