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HomeMy WebLinkAbout20211471 Ver 1_Pre-Filing Meeting Information_20211007Contact Name* Owen Carson Contact Email Address* oven@equinoxenvironmental.com Project Owner* Chester Bartlett Project Name* Bartlett Glen Cove Property - NOV Response Project County* Swain Owner Addre ss: * Street Address P.O. Box 2084 Address Line 2 aty State / Province / Pegion Bryson City North Carolina Postal / Zip axle Country 28713 USA Is this a transportation project?* (- Yes c: No Type(s) of approval sought from the DWR: F 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express W Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* c: Yes r' No Please list all existing project ID's associated with this projects.* SAW-2020-01761 Do you know the name of the staff member you would like to request a meeting with? Andrew Moore Please give a brief project description be low and include location information.* 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. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * W. OMW atQ Submittal Date 8/24/2021