20211821 Ver 1_ePCN Application_20211213

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
Version#*
20211821
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Kaylie Yankura:eads\kyankura
Information for Initial Review
1a. Name of project:
Slope Stabilization at the Cullowhee Dam
la. Who is the Primary Contact?*
Jon Swaim
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/13/2021
Nearest Body of Water
Tuckasegee River
Basin
Little Tennessee
Water Classification
B;Tr
Site Coordinates
Latitude: Longitude:
35.315467, 35.314947-83.176095,-83.175990
A. Processing Information u
County (or Counties) where the project is located:
Jackson
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No

ID#
Version
Pre -fling Meeting or Request Date
8/11/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
401 - Pre Permit Meeting Request.pdf
File type must be PDF
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
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 If. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Western Carolina University (WCU)
2b. Deed book and page no.:
DB:20 PGA92
2c. Contact Person:
Curtis Monteith - Director of Design, Planning and Construction at WCU
108.55KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d.Address
Street Address
3476 Old Cullowhee Road
Address Line 2
City
Cullowhee
Postal / Zip Code
28723
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, P.A.
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cullowhee, North Carolina
2. Project Identification
2a. Property Identification Number:
7559-45-4790
2c. Project Address
Street Address
91 Casey Road
Address Line 2
City
Cullowhee
Postal / Zip Code
28723
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Tuckasegee River
3b. Water Resources Classification of nearest receiving water:*
B:Tr
3c. What river basin(s) is your project located in?*
Little Tennessee
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number
2b. Property size:
0.017
State / Province / Region
North Carolina
Country
United States

3d. Please provide the 12-digit HUC in which the project is located.
060102030107
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: *
Project plans call for streambank stabilization outside of the Tuckasegee River main channel around a former hydroelectric facility along the left bank. Project plans also call for
streambank stabilization along the right bank, just below the Cullowhee Dam, within a heavily eroded area.The Cullowhee Dam is an approximately 7-foot tall, 160-foot-long concrete dam
on the Tuckasegee River approximately 600 feet upstream of the Old Cullowhee Road/SR 1002 bridge. It impounds a shallow, approximately 3.7-acre reservoir which serves as the main
water source for two public water systems: Western Carolina University (WCU) and Tuckasegee Water and Sewer Authority (TWSA).
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
100
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to repair current riverbank erosion and guard against continued erosion along the banks and below the existing hydroelectric structure without
disturbing the Tuckasegee River bed and Cullowhee Dam. See attached Photosheets in Appendix 10 in the Miscellaneous Section.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of constructing approximately 60 LF of Gabion Buttress, 10 LF of Sand Filter, and 0.0018 acres of proposed concrete fill (See attached Final Site Plan - C-10 in
Appendix 2 in the Miscellaneous Section). The proposed project is split into two locations Wayehutta Road (Right Bank) and Casey Road (Left Bank). The Tuckasegee River is classified
as B, Tr. Within the project area, the existing 25-foot-wide trout buffer zone consists of existing heavily eroded/near vertical bank and a former hydroelectric facility.
No indirect impacts are anticipated for the proposed project. The project will involve total land disturbance of less than 1-acre, therefore, not requiring a formal erosion control plan.
Permanent impact (Impact S1) will be approximately 0.0006 acres resulting from the construction of the Gabion Buttress used to stabilize the eroding right bank shown on the Impacts Map
in Appendix 1 in the Miscellaneous Section. Temporary Impact (Impact S2) will be approximately 0.004 acres resulting from the Coffer Dam installed along the right bank to allow for the
construction of the Gabion Buttress in the dry. Permanent Impact (Impact S3) will be approximately 0.002 acres resulting from the construction of the Sand Filter (see Sand Filter Detail -
Sheet C-20 in Appendix 2 in the Miscellaneous Section). The sand filter is intended to reduce flow beneath the existing hydroelectric structure and prevent the resulting sediment release.
Concrete will be poured into the existing concrete bottomed sluice gate to prevent leakage and erosion. No live concrete will come in contact with the naturally flowing streams.
Typical equipment to be used may include track hoes, back hoes, skid steers, dump trucks, excavators and dozers.
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 N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swaim
Agency/Consultant Company: McGill Associates, P.A.
Other: March 2021
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters 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*
S7
Gabion Butress
Permanent
Stabilization
Fkasegee River
Perennial
Both
Average (feet)
(linear feet)
S2
Coffer Dam
Temporary
Dewatering
Tuckasegee River
Perennial
Both
125
45
Average (feet)
Qinear feet)
S3
Sand Filter
Permanent
Fill
UT-1 To Tuckasegee River
Perennial
Both
10
Average (feet)
Qinear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
43
31. Total stream and ditch impacts:
89
3j. Comments:
See Appendix 1 - Impacts Map in the Miscellaneous Section for approximate impacts in acreage.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
46
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project had several alternatives such as dam removal and more invasive streambank stabilization, the least invasive option was chosen. This option
provided the least amount of impacts to WOTUS and Trout Buffer.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Coffer Dam or other approved flow diversion will be installed along the right bank to allow for the construction of the Gabion Buttress in the dry. No live
concrete will come in contact with natural flowing streams.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed project work does not exceed any of the thresholds required for compensatory mitigation.
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?
Yes No
If no, explain why:
The project is located in the Little Tennessee River Basin which is not subject to Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land?"
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAISEPA)?*
u
Yes No

Comments:*
Proposed project is funded by Western Carolina University.
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)? *
Yes No
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.
No additional development anticipated as a result of the proposed project. Project is intended to improve downstream water quality and provide stability
to the existing dam and hydroelectric facility.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
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 construction/installation of a wind turbine(s)?*
Yes No
51. 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
hftps://ncnhde.natureserve.org
See attached Appendix 8 - USFWS Scoping & Response in Miscellaneous Section.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
https://vmw.fisheries.noaa.gov
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
hftp://gis.ncdcr.gov/hpoweb/
See attached Appendix 9 - NCHPO Scoping & Response in Miscellaneous Section.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
All appropriate floodplain development permits will be obtained from Jackson County if necessary for the proposed project.
8c. What source(s) did you use to make the floodplain determination?*
https://fris.nc.gov
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 the upload button or drag and drop files here to attach document
Final Appendices.pdf 12.01 MB
File must be PDF or KMZ
Comments
Signature
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 NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this 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; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Jon Swaim
Signature
Date
12/13/2021

DWR Pre -Filing Meeting Request Form
Contact Name`
Contact Email Address`
Project Owner`
Project Name`
Project County`
Owner Address:
Is this a transportation project?*
Jon Swaim
[e-mail]
Western Carolina University
Slope Stabilization - Cullowhee Dam
Jackson
C4roo4 ArM,...
3476 Old Cullowhee Road
Address Line 2
City
Cullowhee
Postal / Zip Code
28723
Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Individual Permit
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
Yes No
w STATF,.
o
NORTH CAROLINA
En vrronmenrn! Quorrry
State / Province / Region
NC
Country
USA
401 Water Quality Certification - Express
Modification
Do you know the name of the staff member you would like to request a meeting with?
Kaylie Yankura
Please give a brief project description below and include location information.*
McGill Associates, P.A. (McGill) has been retained by Western Carolina University (WCU) to provide professional
engineering services related to the stabilization of the Tuckasegee River bank erosion downstream of the Cullowhee Dam.
The Cullowhee Dam is located on the Tuckasegee River near Cullowhee, approximately 600 feet upstream of the Old
Cullowhee Road/SR 1002 bridge. Wayehutta Road/SR 1732 runs parallel to the Tuckasegee River on the north side
We have developed the following steps for the design and permitting of a gabion wall at the right (looking downstream)
riverbank and filling the gap downstream of the gate on the left side with concrete and placing a filter fabric.

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.
I 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`
[/ 1-W IL YWCi>i
Submittal Date 8/11/2021

APPENDICES
1. Impacts Map
2. Plans Set
3. NCNHP Database Search
4. NCHPO Map
5. USGS Map
6. Location Map
7. Soil Map
8. USFWS Scoping & Response
9. NCHPO Scoping & Response
10. Photosheets
11. Signed Agent Authorization Form

APPENDIX 1
Impacts Map

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APPENDIX 2
Plans Set

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APPENDIX 3
NCNHP Database Search

■ now
■■ ■ NC DEPARTMENT OF
■■�■i NATURAL AND CULTURAL RESOURCES
■ ■■■
March 18, 2021
Alex Lowdermilk
McGill Associates, PA
1240 19th Street Lane NW
Hickory, NC 28601
RE: Cullowhee Dam/Streambank Repair; 20.00156
Dear Alex Lowdermilk:
Ray Cooper, Governor
D. Reid Wilson, Secretary
Walker Clark
Director, Division of Land and Water5tewwdship
N CN H DE-14245
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESCVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Conservation Service National Cooperative Soil Survey Page 3 of 3

USFWS Scoping & Response

I OF
me ' I l Shaping
Communities
Together
March 22, 2021
Rebekah Reid
US Fish & Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
RE: Cullowhee Dam Streambank Repair
Scoping Request
Jackson County, North Carolina
Dear Ms. Reid:
Western Carolina University is proposing to repair current streambank erosion below the Cullowhee
Dam. The Cullowhee Dam is an approximately 7-foot tall, 160-foot-long concrete dam on the
Tuckasegee River approximately 600 feet upstream of the Old Cullowhee Road/SR 1002 bridge. It
impounds a shallow, approximately 3.7-acre reservoir which serves as the main water source for
two public water systems: Western Carolina University (WCU) and Tuckasegee Water and Sewer
Authority (TWSA).
Field inspections and structural modeling indicate that the dam has suffered deterioration over its
service life, with an undercut area possibly permitting flow of water underneath the dam, a condition
that could eventually lead to sliding or overturning failure of a portion of the dam. Localized erosion
at the dam's right wall permits flow around the sidewall under heavy flow conditions, which could
cause slope failure and the loss of a portion of Wayehutta Road/SR 1732 to the north. (McGill,
Schnabel, and Equinox 2017) The goal of this project is to repair current streambank erosion in
such a way that will deter continued erosion along the streambank without disturbing the Cullowhee
Dam.
A Federally listed Threatened and Endangered Species (T&E) survey was completed during the
delineation site visit in accordance with the Endangered Species Act of 1973. The project land area
consists of maintained grassed areas and scrub shrub vegetation and does not contain suitable
habitat for listed terrestrial plant and animal species. According to the USFWS one aquatic species,
the Appalachian elktoe (Alasmidonta raveneliana), may be present in the vicinity of the project area.
The USFWS range description for Appalachian elktoe states that populations survive in scattered
reaches of the main stem of the Tuckasegee River in Jackson and Swain Counties, from below the
town of Cullowhee downstream to Bryson City. No wetlands were found within the project area. A
small unnamed stream enters the project area from the south flowing in culvert pipes under Casey
Road and a concrete boat landing. After exiting the boat ramp culvert, the stream surface flows
across a mix of rip rap and natural material, through a gap in an existing rock wall, then eventually
into the Tuckasegee River. The Tuckasegee Riverbanks within the study area were nearly vertical
or consisted of constructed rock or concrete walls.
No species occurrence was observed within the proposed project areas during the site visit. Project
plans call for streambank stabilization outside of the Tuckasegee River main channel around
existing dam infrastructure along the left bank. Project plans also call for streambank stabilization
along the right bank, just below the Cullowhee Dam, within a heavily eroded area. (See attached
photos). Impacts to the Tuckasegee River channel will be limited to sandbags temporarily placed to
MCGILL ASSOCIATES 1240 19th STREET LANE NW, HICKORY, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

Rebekah Reid, US Fish & Wildlife Service
March 22, 2021
2of2
divert river flow from the right bank work area. Downstream impacts are not anticipated. Based on
these findings McGill reached a determination of `May Affect, not Likely to Adversely Affect' for
the Appalachian elktoe.
McGill created a NC Natural Heritage Program (NCNHP) database query for the project area. The
NCNHP report did not result in any Natural Heritage Element Occurrences of the Appalahian elktoe
within the project area but listed documented element occurences within a 1-mile radius of the
project area. See attached NCNHP report.
With this letter, we request your participation in formal consultation per Section 7 of the Endangered
Species Act and seek your concurrence with our finding. Should you have any questions, please
contact me at our office phone number of [phone] or my email address
[e-mail].
Sincerely,
MCGILL ASSOCIATES, PA
JON SWAIM
Project Manager / Environmental Services
List of attachments:
1. LOCATION MAP
2. USGS MAP
3. NCNHP REPORT
4. PHOTOSHEETS
Cc: Byron Hamstead, USFWS (via email)
P:\2020\20.00156-WCU-Cullowhee Dam Streambank Repair
MCGILL ASSOCIATES 1240 19t" STREET LANE NW, HICKORY, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

BNT oR Tye' FISHSERVICE
�o United States Department of the Interior
FISH AND WILDLIFE SERVICE
gRCH 3 1Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
March 29, 2021
Mr. Jon Swaim
McGill Associates
1240 19a' Street Lane NW
Hickory, North Carolina 28601
Dear Mr. Swaim:
Subject: Scoping for the Cullowhee Dam Riverbank Stabilization in Jackson County, North
Carolina.
On March 23, 2021, we received (via e-mail) your letter requesting our comments on the subject
project. We have reviewed the information that you presented and the following comments are
provided in accordance with the provisions of the National Environmental Policy Act (42
U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 -
667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided, Western Carolina University is proposing to repair
riverbank erosion adjacent to and below the Cullowhee Dam in Jackson County, North Carolina.
Field inspections and structural modeling indicate that the dam has suffered deterioration over its
service life, with an undercut area possibly allowing waterflow beneath the dam, a condition that
could eventually lead to dam failure. The purpose of the subject project is to repair current
riverbank erosion and guard against continued erosion along the banks without disturbing the
Cullowhee Dam.
A follow-up email dated March 23, 2021 provided the following additional project details:
• Site figures to show the repair design on each bank. Repair of the right bank includes an
approximately 50-linear foot gabion toe wall and rip -rap slope above the toe wall. Repair
of the left bank includes concrete fill and a sand filter between an existing rock wall and
the existing pump house.
Federally Listed Species
The proposed project is in a county that has occurrence records of federally listed Appalachian
elktoe (Alasmidonta raveneliana) and critical habitat for this species is designated below the
Cullowhee Dam. Your letter indicates that all riverbank stabilization activities will occur outside
the active channel on the left bank (behind a rock wall) and in the actively eroding area on the
right bank. Your letter recommends a "may affect, not likely to adversely affect" (MANLAA)

Mr. Swaim — McGill 2
determination by the Federal action. According to our records and a review of the information
you provided, we would concur with a MANLAA from the Federal action agency. We believe
the requirements under section 7 of the Endangered Species Act are fulfilled. However,
obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in
a manner not previously considered, (2) the identified action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Fish and Wildlife Resource Recommendations
We are concerned about the potential effects the project could have on other natural resources in
the river. We offer the following general recommendations for the benefit of fish and wildlife
resources:
• Concrete. At no time should "live" or uncured concrete, concrete leachate, or excess
concrete waste come into contact with surface waters. Concrete contains lime which is
highly toxic to aquatic organisms. Until concrete is fully cured, lime is mobile and
dissolves easily in water (water soluble). Inputs of lime increase the pH of water which
can cause a range of negative effects to aquatic organisms including burns (just like an
acid burn) on fish and direct mortality of a wide variety of aquatic species.
To avoid uncured concrete coming into contact with surface waters, a dry work area
should be established for any concrete work. Site specific measures should be developed
to contain concrete in dry work areas and plans should be established for the safe disposal
of any excess concrete waste.
Equipment Use in Riparian Areas and In -Stream. Equipment should be operated
from the riverbank. If in -river work is necessary, stone causeways, work bridges, or mats
(designed for the specific location and type of equipment) should be used. Work pads on
riverbanks or approaches to in -river work areas should minimize disturbance to woody
vegetation. Equipment operated in riparian areas and in/near aquatic resources should be
inspected daily and maintained regularly to prevent contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Construction staging,
toxic material storage, and equipment maintenance, including refueling, should occur
outside of the riparian area. The project proponent should report any toxic material spills
in riparian areas and/or aquatic resources to the U.S. Fish and Wildlife Service (Service)
within 24 hours.
Work in the Dry. All work in or adjacent to the river should be conducted in a dry work
area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion
structures should be used to prevent excavation in flowing water. These diversion
structures should be removed as soon as the work area is stable. When practical, a pump
around operation shall be used to divert flow during construction.

Mr. Swaim — McGill
• Sediment and Erosion Control. Adequate measures to control sediment and erosion
must be implemented prior to any ground disturbing activities in order to minimize
effects on downstream aquatic resources. Restoration work should be staged such that
disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir)
erosion control matting prior to the end of each workday. No erosion control matting or
blankets should contain synthetic (netting) materials. Matting should be secured in place
with staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected
prior to temporary seed establishment, additional measures should be implemented to
protect water quality along slopes and overburden stockpiles (for example, stockpiles
may be covered with plastic or other geotextile material).
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah
Reid of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-103.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

APPENDIX 9
NCHPO Scoping & Response

OF, A Shaping Communities Together
me III
March 23, 2021
NCDCR Environmental Review
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
RE: Cullowhee Dam Streambank Repair
Scoping Request
Jackson County, North Carolina
Dear Sir or Madam:
Western Carolina University is proposing to repair current streambank erosion below the
Cullowhee Dam. The Cullowhee Dam is an approximately 7-foot tall, 160-foot-long concrete dam
on the Tuckasegee River approximately 600 feet upstream of the Old Cullowhee Road/SR 1002
bridge. It impounds a shallow, approximately 3.7-acre reservoir which serves as the main water
source for two public water systems: Western Carolina University (WCU) and Tuckasegee Water
and Sewer Authority (TWSA).
Field inspections and structural modeling indicate that the dam has suffered deterioration over its
service life, with an undercut area possibly permitting flow of water underneath the dam, a
condition that could eventually lead to sliding or overturning failure of a portion of the dam.
Localized erosion at the dam's right wall permits flow around the sidewall under heavy flow
conditions, which could cause slope failure and the loss of a portion of Wayehutta Road/SR 1732
to the north. (McGill, Schnabel, and Equinox 2017) The goal of this project is to repair current
streambank erosion in such a way that will deter continued erosion along the streambank without
disturbing the Cullowhee Dam.
Please provide any comments regarding concerns or other issues of significance that may affect
this project. We look forward to your comments on this matter.
If you have any questions, feel free to contact me at our office phone number of [phone]
or my email address [e-mail].
Sincerely,
MCGILL ASSOCIATES, PA
JON SWAIM
Project Manager / Environmental Services
List of attachments:
MCGILL ASSOCIATES 1240 19th STREET LANE NW, HICKORY, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

NCDCR Environmental Review
March 23, 2021
Page 2
1. LOCATION MAP
2. USGS MAP
3. NCHPO MAP
4. PHOTOSHEETS
P:\2020\20.00156-WCU-Cullowhee Dam Streambank Repair
MCGILL ASSOCIATES 1240 19t" STREET LANE NW, HICKORY, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
April 27, 2021
Jon Swaim jon.swaimgmcgillassociates.com
McGill Associates, P.A.
1240 19th Street Lane Northwest
Hickory, NC 28601
Re: Repair streambank erosion below Cullowhee Dam, Cullowhee, Jackson County, GS 21-0820
Dear Mr. Swaim:
Thank you for your email of March 31, 2021, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
These comments are made in accord with G.S. 121-12(a). If you have any questions regarding these
comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579. In
all future communication concerning this project, please cite the above -referenced tracking number.
Sincerely,
(�� ��uLtok4�
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

APPENDIX 10
Photosheets

Image 1 - Erosion on Right Bank

Image 2 — Pooling and Erosion on Left Bank
A powerhouse and intake structure exists along the left abutment of Cullowhee Dam. Water appears to
be freely flowing from under the powerhouse structure and remaining pooled on the left bank. Water
from a storm drainage system outlet is also pooling on the left bank. These flows are contributing to
erosion along the left bank between the left dam abutment and boat ramp.

APPENDIX 11
Signed Agent Authorization Form

Shaping Communities Together
AGENT AUTHORIZATION FORM
PROJECT NAME: Slope Stabilization at the Cullowhee Dam
PROPERTY LEGAL DESCRIPTION: DB:20 PGA92
PARCEL ID. 7559-45-4790
STREET ADDRESS: 91 Casey Road
Cullowhee. NC 28723
Please Print
Property Owner/Representative: Curtis Monteith, Western Carolina Univers
(If Representative) Title: Director of Design, Planning and Construction
The undersigned, registered property owners of the above noted property, do hereby authorize
Jon Swaim
(Contractor / Agent)
of McGill Associates P.A.
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
3476 Old Cullowhee Road
Cullowhee. NC 28723
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Authorized Signature
Date:
Authorized Signature
Date:
MCGILL ASSOCIATES 1240 19th STREET LANE NW, HICKORY, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM