20191277 Ver 1_More Info Received_20191003

Mitchell, Robert K
From: Clay Courts <[e-mail]>
Sent: Thursday, October 3, 2019 3:54 PM
To: Leslie, Andrea J; Mitchell, Robert K; Brown, David W CIV USARMY CESAW (US)
Subject: Re: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
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Thank you Andrea for you notes, see the responses below after my call with Kevin this afternoon.
Clay Courts
N
Nu IA5r Oulf Klk C.ENTEN
Clay Courts I Chairman of the Board
Nantahala Outdoor Center
404-403-5363
13077 Highway 19 West
Bryson City, NC. 28713
www.noc.com
www.facebook.com/noc
From: "Leslie, Andrea J" <[e-mail]>
Date: Thursday, October 3, 2019 at 8:35 AM
To: "Mitchell, Robert K" <[e-mail]>, Clay Courts <[e-mail]>, "Brown, David W
CIV USARMY CESAW (US)" <David.W.Brown @usace.army.mil>
Subject: RE: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
Hi Clay —
I'm sure that Kevin will be able to help you figure out some creative ways of addressing these issues. Here are
a few ideas — I've replied to your reply in green. If you would like to talk in person as well, I'm in the office
today at 828 803 6054.
-You note that you'll use a hoe ram to chip away at the abutment, which is in the water. How will you be able to ensure
that the material doesn't get into the river? Is there a way to totally isolate that area from flows? (We can place a net
on the river side of the abutment to catch any smaller pieces and the process is to break the abutment into boulder
side pieces for removal)

A net is good but there will likely be a bunch of fine material that a net will not capture — as I noted, I'm wondering if
you can divert flows away from the area, then perhaps surround area with silt fence and higher net to capture flying
material.
Andrea, we can use a tarp instead of a net to ensure we capture the small fragments and we can plan to use the hoe
ram when the water is at low flows. I do believe that with the combination of the gravel and sand bags, low flows
during the winter and the tarp we should have it covered.
-How long do you expect the project to take? (The maximum time to complete the bridge removal and stream buffer
stabilization is 4 months)
-It'll be important to stabilize the site as you go, not only with silt fences, but making sure that the work area is stable
and not a source of sediment in case of rain.
Stabilize the site at the end of each work day by setting straw and seed down. Only open/disturb the area that you
will work on immediately.
The work in the water to stabilize the river bank will be done in 50 foot sections at a time and will plan to use seed
and straw with the combination of silt fence, gravel and sand bags in the river and with the typically reduced flow of
winter feel that this should reduce any sediment.
-You note that you'll divert flows from the stabilization areas by placing bags of gravel upstream. Do you mean sand
bags? The latter can work, but you may need a number of them for them to be effective in that big river. (We will most
likely use both gravel and sand bags)
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.org
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From: Mitchell, Robert K <[e-mail]>
Sent: Thursday, October 03, 2019 6:31 AM
To: Clay Courts <[e-mail]>; Leslie, Andrea J <[e-mail]>; Brown, David W CIV USARMY
CESAW (US) <[e-mail]>
Subject: RE: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
Clay,
I'll give you a call today and we can discuss.

Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
N -1-Z'
`-^Nothtng Compares
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From: Clay Courts [mailto:[e-mail]
Sent: Wednesday, October 2, 2019 4:21 PM
To: Mitchell, Robert K <[e-mail]>; Leslie, Andrea J <[e-mail]>; Brown, David W
CIV USARMY CESAW (US) <[e-mail]>
Subject: Re: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
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[e-mail]
Thank you Kevin, Andrea and David
I greatly appreciate your help and sorry for the delay. Please see my answers below and I am looking for suggestions
on the 3rd question. Are the questions below the "401 Water Quality Certification from the Division for the subject
property"?
-You note that you'll use a hoe ram to chip away at the abutment, which is in the water. How will you be able to ensure
that the material doesn't get into the river? Is there a way to totally isolate that area from flows? (We can place a net
on the river side of the abutment to catch any smaller pieces and the process is to break the abutment into boulder
side pieces for removal)
-How long do you expect the project to take? (The maximum time to complete the bridge removal and stream buffer
stabilization is 4 months)
-It'll be important to stabilize the site as you go, not only with silt fences, but making sure that the work area is stable
and not a source of sediment in case of rain. (I would like to talk to you further about this, can we discuss
tomorrow? Are there any suggestions that you have seen in the field that we can utilize?)
-You note that you'll divert flows from the stabilization areas by placing bags of gravel upstream. Do you mean sand
bags? The latter can work, but you may need a number of them for them to be effective in that big river. (We will most
likely use both gravel and sand bags)

Clay Courts I Chairman of the Board
Nantahala Outdoor Center
404-403-5363
13077 Highway 19 West
Bryson City, NC. 28713
www.noc.com <http://www.noc.com/>
www.facebook.com/noc <http://www.facebook.com/noc>
On 10/2/19, 10:56 AM, "Mitchell, Robert K" <[e-mail]> wrote:
Clay,
Hope you are doing well. I know we spoke on site about some of the items listed in Andrea's email below, however,
please provide a written response so that we can move forward with the review. Feel free to contact me if you have any
questions or need clarification.
On September 24, 2019, the Division of Water Resources (Division) received your application dated August 30, 2019,
requesting a 401 Water Quality Certification from the Division for the subject property. The Division has determined
that your application is incomplete and cannot be processed. The application is on -hold until the following information is
received:
1. Please provide a response to the email below from Andrea Leslie with the NC Wildlife Resource Commission
dated September 20, 2019. 15A NCAC 02H .0506 (b)(2)
Pursuant to Title 15A NCAC 02H .0502 (c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received within 30 calendar days, of
receipt of this email, the Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
You may provide your response via email or mail to the address noted below.
Should you have any questions regarding these matters, please contact Kevin Mitchell at [phone] or
[e-mail].
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-----Original Message -----
From: Leslie, Andrea J
Sent: Friday, September 20, 2019 2:52 PM
To: Clay Courts <[e-mail]>; Brown, David W CIV USARMY CESAW (US)
<[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: RE: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
Hi Clay,
I've reviewed your application and see that you would like to work within the fall trout moratorium. As you may
know, the trout moratorium is used to reduce the risk of impacts to both Brown Trout and Rainbow Trout
reproduction. The Nantahala River has a wild healthy population of both species. In order to feel comfortable with
work within the moratorium, we would like to see extra conservative measures to address the risk of sediment inputs
and bed disturbance in general.
Here are a few questions/comments:
-You note that you'll use a hoe ram to chip away at the abutment, which is in the water. How will you be able to
ensure that the material doesn't get into the river? Is there a way to totally isolate that area from flows?
-How long do you expect the project to take?
-It'll be important to stabilize the site as you go, not only with silt fences, but making sure that the work area is stable
and not a source of sediment in case of rain.
-You note that you'll divert flows from the stabilization areas by placing bags of gravel upstream. Do you mean sand
bags? The latter can work, but you may need a number of them for them to be effective in that big river.
Thanks and have a good weekend,
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.ore
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
-----Original Message-----

From: Clay Courts <[e-mail]>
Sent: Tuesday, September 03, 2019 12:11 PM
To: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>; Leslie, Andrea J <[e-mail]>; Jerry Harrison
<[e-mail]>; William Irving <[e-mail]>
Subject: [External] Re: Army Corps of Engineers Permit Application - NOC Bridge Removal
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attachment to [e-mail]<maiIto: [e-mail]>
David, Robert and Leslie
Please see the attached PCN form attached. Please let me know if you have any comments or suggestions as we
would like to submit this for consideration.
Thank you very much for your assistance.
Clay Courts
Clay Courts I Chairman of the Board
Nantahala Outdoor Center
404-403-5363
13077 Highway 19 West
Bryson City, NC. 28713
www.noc.com <http://www.noc.com/>
www.facebook.com/noc <http://www.facebook.com/noc>
On 8/12/19, 9:12 AM, "Brown, David W CIV USARMY CESAW (US)" <[e-mail]> wrote:
Clay Courts,
I'm sending the attached information for your review prior to our meeting on August 27 to discuss Department of
Army (DA) authorization for the proposed removal of the former DOT bridge over the Nantahala River at NOC's facilities
in Wesser, Swain County. As discussed, you will need to obtain DA authorization under Nationwide Permit (NWP) 13
(attached) and possibly other NWPs to conduct the proposed work in the streams at the property. Once you have
designed your project and planned the activities need to remove the bridge and conduct the stream bank stabilization,
then the following information will need to be submitted to the Corps.
1) Submit a Pre -construction Notification (PCN) form/application. Fill out the PCN (attached) and send it back to me
with a vicinity map, location map noting where the work will be conducted in the stream and/or wetlands on the
property, and project plan/design drawings.
2) I've filled in some of the PCN information and highlighted other sections that need to be completed. Check the
bolded information that I have completed to make sure it is correct and change as needed.
3) Contact Kevin Mitchell (828-296-4500) with North Carolina Department of Environment Quality, Division of
Water Resources (DWR), to determine the required PCN/application submittal process for the DWR, if applicable.

4) A copy of the PCN, with the supporting maps and drawings, must be sent to NC Wildlife Resources Commission in
Marion, see the enclosed PCN General Instructions for the address.
5) On page 3, Section B, Part 3d, explain the purpose of the proposed project: This can be a simple explanation.
Provide a clear, concise description of the primary goals of the proposed project (usually no more than one or two
sentences); for example: remove the former DOT bridge, abutments, and grade and stabilize stream bank at the NOC
facility in Wesser.
6) On page 3, Section B, Part 3e, describe the overall project in detail, including the type of equipment to be used.
Fully describe the project and what is planned to occur. Explain any site specific constraints that may exist on the
property that will affect how your project is built. Also list any special or unique equipment here that may be used on
the project.
7) On page 7, Section D, Part 1a, describe measures taken to avoid or minimize the proposed impacts in designing
the project. Minimizing and avoiding impacts should be a critical part of the design process.
8) On page 7, Section D, Part 1b, describe measures taken to avoid or minimize the proposed impacts through
construction techniques. List all techniques and practices that you plan to use to avoid and minimize impacts from the
construction of the project (e.g., scheduling issues to avoid certain time -specific impacts aquatic impacts, erosion control
measures, hand clearing versus use of heavy equipment, site access from high ground, pre -fabrication of materials in
high ground to minimize time in sensitive environments, building elevated structures over wetlands or streams, etc.).
I have included in the attachments instructions for the PCN. The long version is PCN -help -complete, the short
version is PCN General Instruction. Here are some essential requirements your stream bank stabilization work/design
will need to meet.
1) No material will be of a type or be placed in any manner that will impair surface water flow into or out of the
river
2) The finished stream bank stabilization structure/work must be constructed to withstand the expected high flows
of the river.
3) Your property is located the designated FEMA floodway. Therefore, the stream bank stabilization work must
comply with applicable FEMA approved state or local floodplain management requirements.
4) Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition
during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date.
5) Filter cloth must be placed underneath/behind the material used for stream bank stabilization.
6) The stream bank material shall be limited to the areas depicted on submitted work plan drawings.
7) The stream bank stabilization material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
8) The stream bank stabilization material shall be of a size sufficient to prevent its movement from the authorized
alignment by natural forces under normal conditions.
9) Stream bank stabilization materials should be natural durable materials.
10) Planting materials should be native seed mixes and native plants and shrubs.
11) The project should incorporate natural designs, bioengineering and/or geoengineering methods.
12) Pre-engineered structures or materials can be used if the primary purpose is protection of a crucial structure
(house, commercial building, transportation structure, utility structure, etc.) and it is determined natural designs,
bioengineering and/or geoengineering methods cannot meet this purpose.
I'll see you on August 27. Call me if you have any questions.
Have a good week,
David Brown, PG
Regulatory Specialist/Geologist

USACE Wilmington District-Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]