20140283 Ver 1_401 Application_20140314

Strickland, Bev
From: Higgins, Karen
Sent: Monday, March 31, 2014 11:04 AM
To: Strickland, Bev
Subject: FW: Pre Const Notification
Attachments: PCN Form 031914.pdf; Page Ten Signature.pdf; Sketches.pdf; Agent Form.pdf; ATTACHMENT A
Property ID.doc; Attachment B projec details.doc; Project Location Map.pdf; Site Location Map.pdf
Bev-
Here are pdfs and word doc's for you!
Thanks-
Karen
Karen Higgins
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /401bufferpermitting
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Dale Nolan [ mailto :rockstorosesCa)earthlink.net]
Sent: Wednesday, March 26, 2014 7:21 AM
To: Higgins, Karen
Cc: Cranford, Chuck
Subject: Pre Const Notification
Karen,
Please find attached a Pre Construction Notification with attachments. In addition I have attached a signed page ten of the
PCN.
I mailed 5 copies and a check for $240.00 last Friday by priority mail.
Thank you for you consideration of this application.
Dale Nolan
Rocks to Roses Landscaping & Design
Lynne & Dale Nolan
101 Woodcastle Ln.
Hayesville, NC 28904
828 361 4930

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
N Yes N No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
N Yes NX No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Ranger Road Erosion Control
2b.
County:
Cherokee
2c.
Nearest municipality / town:
Murphy
2d.
Subdivision name:
Fisherman's Village
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Marvin and Rita Hirsh
3b.
Deed Book and Page No.
Book 1142 Page 573
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
455 Little Ranger Road
3e.
City, state, zip:
Murphy, NC 28906
3f.
Telephone no.:
404 - 944 -9646
3g.
Fax no.:
3h.
Email address:
tatamarvinh @aol.com
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Hired to control erosion with rock/barrier
4b.
Name:
Lynne and Dale Nolan
4c.
Business name
(if applicable):
From Rocks to Roses Landscaping Inc.
p g'
4d.
Street address:
101 Woodcastle In.
4e.
City, state, zip:
Hayesville, NC 28904
4f.
Telephone no.:
828 361 4930 or 828 361 3800
4g.
Fax no.:
4h.
Email address:
rockstoroses @earthlink.net
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Lynne and Dale Nolan
5b.
Business name
(if applicable):
From Rocks to Roses Landscaping Inc.
p g'
5c.
Street address:
101 Woodcastle Ln.
5d.
City, state, zip:
Hayesville, NC 28904
5e.
Telephone no.:
828 361 4930 or 828 361 3800
5f.
Fax no.:
5g.
Email address:
rockstoroses @earthlink.net
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
Please See Attachment A
1b.
Site coordinates (in decimal degrees):
Latitude: Longitude:
1 c.
Property size:
acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Nottely River
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Nottely
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Landuse is residential. Stream banks are being heavily eroded. Adjacent up -land areas are seeded to turf grasses and are stable.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
The project is designed to decrease or eliminate additional stream bank erosion and loss of land from adjacent residential property owners.
3e.
Describe the overall project in detail, including the type of equipment to be used:
Please See Attachment B
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Yes /No
-
W2
Choose one
Choose one
Yes /No
W3
Choose one
Choose one
Yes /No
W4
Choose one
Choose one
Yes /No
W5
Choose one
Choose one
Yes /No
W6
Choose one
Choose one
Yes /No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (I NT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Stabilization
Nottely
PER
Corps
75
200
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Tem ora T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Pi
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes /No
B2
Yes /No
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Structures will be installed during base or low flow conditions only. Stream bank disturbance will be avoided whenever possible, and existing stream
bank vegetation will not be disturbed whenever possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Boulders are to be placed with a large track hoe with a hydraulic thumb to minimize disturbance to the stream bank. A semi - permeable liner will be
placed between the bank and the rock structures. Construction will be conducted during base or low flow of the stream. No equipment will enter the
river.
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 ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non - riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑ No
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
3b.
Which of the following locally - implemented stormwater management programs
apply (check all that apply):
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
4.
DWQ Stormwater Program Review
4a.
Which of the following state - implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑ HQW
❑ORW
r_1 Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ❑ No
use of public (federal /state) land?
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
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of
the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes 0 No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Kevin Barnett - NC Department of Environment and Natural Resources
Division of Water Quality - Water Quality Section
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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
0 Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A Cherokee Indian fish trap is visible in the river adjacent to the proposed project. The construction of the erosion control structures on the stream
bank will have no impact on the fish trap.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
0 Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
There will be no rise in the stream or of the stream bank
8c. What source(s) did you use to make the floodplain determination?
Cherokee County, NC Building Inspections Office
Dale and /or Lynne Nolan
03 -19 -2014
Applicant /Agent's Printed Name
Date
Applicant /Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
'5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Kevin Barnett - NC Department of Environment and Natural Resources
Division of Water Quality - Water Quality Section
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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
❑X Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A Cherokee Indian fish trap is visible in the river adjacent to the proposed project. The construction of the erosion control structures on the stream
bank will hove no impact on the fish trap.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
There will be no rise in the stream or of the stream bank
8c. What source(s) did you use to make1he floodplain determination?
Cherokee County, NC Building Inspections Office
Dale and /or Lynne Nolan
03 -19 -2014
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

AGENT AUTHORIZATION FORM
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ATTACHMENT A
PROPERTY IDENTIFICATION
Hirsh Property (Lots 6, 7, and 8)
Parcel ID: 45600452859000
Latitude: 35.019848
Longitude: 84.128649
Size: 0.59 acres
Parcel ID: 456004513926000
Latitude: 35.020054
Longitude: 84.128417
Size: 0.60 acres
Parcel ID: 45600451891000
Latitude: 35.019868
Longitude: 84.128654
Size: 0.62 Acres

Attachment B
Overall Project Details
In order to decrease and /or arrest the stream bank erosion we propose to place large
limestone boulders along the river bank. Boulders will be place during times of base /low
flow to better ensure contact with the bottom substrate and to minimize adverse impacts
to the river.
Up- stream, the boulders will be keyed into the bank top prevent stream flow and possible
erosion behind the structure(s). Down stream the boulders will also be keyed into the
bank to prevent the water from eroding behind the structure(s).
Behind the boulders the stream bank will be protected with a semi - permeable liner. Soil
will be placed along the bank behind the liner and the boulders where necessary to ensure
stability of the structure.
The boulders will be stepped back into the bank on each vertical rise (see Figures 1 and
2). Smaller limestone rock may be used behind the boulders to fill in voids between the
larger rocks. The smaller rock will not be allowed to enter the river.
Disturbed areas will be graded and seeded to permanent vegetation as soon as practicable
after disturbance has ceased. The areas will be mulched with straw to prevent erosion.
Native trees and /or shrubs will be planted along the stream banks per landowner
approval.
Proposed equipment to be used will include but may not be limited to a track hoe with a
hydraulic thumb for placing the boulders, a skid steer for moving rock and soil, a farm
tractor, dump trucks and trailers.

9
I
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[1-14] Little Ranger Rd, Murphy, NC 28906 Directions, Location and Map I MapQuest Page I of I
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Murphy, NC 28906
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