20211471 Ver 1_ePCN Application_20211007

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211471
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Bartlett Glen - NOV Response
la. Who is the Primary Contact?*
Chester Bartlett
1b. Primary Contact Email:*
[e-mail]
Date Submitted
10/7/2021
Nearest Body of Water
Little Alarka Creek
Basin
Little Tennessee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.374867-83.447967
A. Processing Information
County (or Counties) where the project is located:
Swain
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
SAW-2020-01761
Pre -fling Meeting or Request Date
8/24/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form_forPCN.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
Version
1
29 - Residential Developments
le. Is this 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:
51.56 KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Chester & Karen Bartlett
2b. Deed book and page no.:
multiple(see attached)
2c.Contact Person:
r Yes r No
r Yes r No

2d.Address
Street Address
PO Box2084
Address tine 2
City
Bryson City
Postal / Zip Code
28713
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Owen Carson
4b. Business Name:
Equinox
4c.Address
Street Address
37 Haywood Street
Address tine 2
Suite 100
city
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Bartlett Glen Cove
1c. Nearest municipality/ town:
Bryson City, NC
2. Project Identification
2a. Property Identification Number:
numerous (see attached)
2c. Project Address
Street Address
Bartlett Glen Cove Road
Address tine 2
city
Bryson City
Postal / Zip Code
28713
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Little Alarka Creek
3b. Water Resources Classification of nearest receiving water:*
C
State / Rmince / Fbgion
North Carolina
Country
USA
2f. Fax Number:
Slate / Rmwe / Region
North Carolina
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
--100
State / Rmince / Fegion
North Carolina
Country
USA
3c. What river basin(s) is your project located in?*
Little Tennessee

3d. Please provide the 12-digit HUC in which the project is located.
060102020406
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:*
THIS IS AN AFTER -THE -FACT PERMIT request
Corps staff inspected multiple culverts installed under roadways within the Bartlett Glen Cove development on October 22, 2020. The purpose of this inspection was to determine
whether or not the installation of the culverts violated the Clean Water Act (CWA) pursuant to Department of Army's (DA) authorities. The United States Army Corps of Engineers
administers Section 404 of the CWA which requires issuance of a DA permit to anyone discharging dredged or fill material into waters of the United States (i.e., wetlands, streams, lakes,
and marine waters). Based on the site inspection, Mr. Bartlett was found responsible for fill being placed in waters of the U.S. (WoUS) resulting from the installation of culverts for
several roadway stream crossings in the development without authorization from the DA. The residential development includes unnamed tributaries (UTs) which flow into Little Alarka
Creek and ultimately into the Little Tennessee River.
Following issuance of the initial NOV on November 3, 2020, Mr. Bartlett contracted Equinox to address the Corps concerns and satisfy the requests laid out in the NOV. Equinox
performed an assessment of impacts including culvert assessment, and then performed a PJD for the site, for which a site verification was held on July 19, 2021. The results of the PJD
indicate that 507 linear feet of stream were impacted by fills without permission from the state or federal agencies.
Equinox is now under a subsequent contract with Mr. Bartlett to complete the joint USACE/NCDWR PCN form and assist with the facilitation of the after -the -fact permits.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.01
4g. List the total estimated linear feet of all existing streams on the property:
5290.46
4h. Explain the purpose of the proposed project:*
See above - the work has already been implemented and this is an after -the -fact permit application.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
See above - the work has already been implemented and this is an after -the -fact permit application.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-01761
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Owen Carson
Agency/Consultant Company: Equinox
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
7/29/2021 - JD field verification visit
8/11/21 - submittal of final additions to PJD following field verification
Currently pending...
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), 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?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction

3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
(?)
Jurisdiction"
length*
S1
road crossing
Permanent
Culvert
UT-1
Intermittent
DWR
Average (feet)
(lir�rfeet)
32
road crossing
Permanent
Culvert
UT-1
Intermittent
DWR
1Av(f)
35rfeet)
S3
ROAD CROSSING
Permanent
Culvert
UT-2
Perennial
DWR
2Average(fee)
15nea
feet)
�
ROAD CROSSING
Permanent
Culvert
UT-3
Perennial
DWR
1
73
Average (feet)
(linearfeet)
S5
ROAD CROSSING
Permanent
Culvert
UT-3.2
Perennial
DWR
1Average(fee)
49nea
fcet)
S6
ROAD CROSSING
Permanent
Culvert
UT-3.1
Perennial
DWR
1
3
Average (feet)
(lir�rfeel)
S7
ROAD CROSSING
Permanent
Culvert
UT-3.1
Perennial
DWR
1
8
Average (feet)
(linearfeel)
S8
ROAD CROSSING
Permanent
Culvert
UT-3.1
Perennial
DWR
1
61
Average (feet)
(linearfeet)
S9
ROAD CROSSING
Permanent
Culvert
UT-3.1.1
Perennial
DWR
1
11
Average (feet)
(lir�rfeet)
�01
ROAD CROSSING
Permanent
Culvert
UT-4
Perennial
DWR
1
85
Average (feet)
(linearfeet)
�11
ROAD CROSSING
Permanent
Culvert
LF-4
Perennial
DWR
1
107
Average (feet)
(linearfeet)
�2]�ROADAverage
CROSSING
Permanent
Culvert
LF-3.1.1
Perennial
DWR
1
27
(feet)
(linearfeet)
S13
ROAD CROSSING
Permanent
Culvert
LF-4
Perennial
DWR
1
30
Average (feet)
(linearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
510
31. Total stream and ditch impacts:
510
3i. Total temporary stream impacts:
0
3j. Comments:
This format is challenging and does not allowfor fractions to be entered, which affects the output; due to this being an after the fact permit,
discussions and assessments have occurred verifying the exact a)dent of impacts on site. I have attached an Impact Summary Table that was verified
by David Brown on 8/11/21.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
n/a
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
n/a
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
W DWR r Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program

4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
501
4d. Buffer mitigation requested (DWR only):
(squarefeet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
cold
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Mitigation is required by the state and following the submission of this PCN we expect to communicate with the in -lieu fee program to determine the full
payment amount.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes
r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes f• No
If no, explain why:
Project is located in Swain County and is not subject to NC riparian Buffer Protection rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government F State
Local Government Stormwater Programs
W Phase II r NSW r t1SMP r Water Supply
Please identify which local government stormwater program you are using.
Swain County
Comments:
I wasn't sure how to answer the above questions regarding the stormwater regulations. Swain County Inspections required an erosion control plan. Attached is a signed and dated
(7/30/21) letter from Jason Webb, Interim Director of the Swain County Inspections, indicating that the site is in compliance according to local Erosion Control regulations.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r 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 (15A NCAC 2B .0200)? *
r Yes r No
2b Provide an explanation of the violation(s):

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site has already been built in full and the landowner is not planning future development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
ECOS iPAC tool indicated no presence of Critical Habitat in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Online EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Online HPO Web -Mapper
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FIRM Map for the area containing the site.
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.

dick the upload button or drag and drop files here to attach docurrent
PJD_Resources_Table_08.03.21.pdf
9.88KB
BartlettGlen_Delineation_Map_08.03.2021.pdf
6.03MB
BGC_ Impacts _Summary_Table_08.03.21.pdf
81.09KB
20210901_July 30, 2021.pdf
208.93KB
File rrust be FOF or ME
Comments
Attached below are the final materials submitted to and approved by David Brown on 8/11121, and include an updated PJD resources Map, finalized PJD resources table, and finalized
impacts summary table.
Also attached is a letter dated July 30, 2021 from Jason Webb, Swain Co. Interim Director of Inspections, in regards to the official approval and close out of the Erosion Control Plan for
the site.
We look forward to working with DWR/DMS to satisfy the mitigation required by the impacts.
Signature
R By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the 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 PCN form is a "transaction" subject to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC 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; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
W. Owen Carson
Signatuurpe
W.
OAIAW
o
Date
10/7/2021