20100780 Ver 2_401 Application_20140914

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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
1a.
Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes 0 No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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 0 No
For the record only for Corps Permit:
❑ Yes 0 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.
❑ Yes 0 No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2.
Project Information
2a.
Name of project:
Cheoah River gravel restoration
2b.
County:
Graham
2c.
Nearest municipality / town:
Robbinsville
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
See attached sheet
"~ =_1
3b.
Deed Book and Page No.
SEP p_
3c.
Responsible Party (for LLC if
applicable):
DE
3d.
Street address:
IR
s BUFFER p ESOURCES
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant, Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify
4b
Name
See attached'sheet
4c.
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a-
Name
Chris Goudreau
5b
Business name
(if applicable)
NQ Wildlife Resources Commission
5c
Street address
645 Fish Hatchery Road
5d
City, state,.zip
Marion, NC 28752
5e
Telephone no
828- 652 -4360 x223
5f
Fax no
828 -652 -3279
5g
Email address-
chns goudreau @ncwildlife org
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
See attached sheet and map
1 b. Site coordinates (in decimal degrees)
Latitude Longitude
1c Property size
acres
2. Surface Waters
2a Name =of nearest body of water -to proposed project
Cheoah River
2b Water Quality Classification of nearest receiving water
I C, Tr
2c River basin
Little Tennessee
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
Cheoah River, below Lake Santeetlah is a bypassed river reach that is part of APGI's Tapoco Hydroelectric Protect (FE RC #2169) The majority of,the
river lies on propertyrowned by the US Forest Service but a few sections are owned by APGI The nvercorridor'is nearly all undeveloped and in a
forested condition
3b List the total estimated acreage of all existing wetlands on the property 0
3c List the'total estimated Imearfeet of all existing streams (intermittent and perennial) on the property
3d Explain the purpose,of the proposed project
The FERC license1or the Tapoco Hydroelectric Project requires that <gravel,be added to the Cheoah,River for the purpose of restoring aquatic habitat
3e_ Describe the overall project in detail, including the type of equipment to be used
Approximately ,100 cubic yards of natural nver gravel will be added directly to the stream channel af,5 sites Gravel wil l be installed' using a backhoe or
4. Jurisdictional Determinations
4a- Have jurisdictional wetland or stream determinations'by the
0 Yes ❑ No ❑ Unknown
Corps, or State been requested or'obtained for this property /
Comments
project (including all prior phases) in the, past?
4b If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑X Final
of determination was made?
4c If yes, who delineated the,junsdictional areas?
Agency /Consultant Company
Name (if known) Lori Beckwith
Other
4d If yes, list the dates of'the Corps jurisdictional determinations or,State determinations and attach documentation
10/22/2010 to 3/18/2012
5. Project History
5a Have permits or certifications been requested or obtained for
0 Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according'to " help°file" 'instructions
Corps Action ID 2010 - 01569; issued 10/22/2010 DWQ WQC 3689, issued 8/25/2010
6. Future Project Plans
6a Is this,a phased project?
❑X Yes ❑ No
6b If yes, explain
The license for the Brookfield Smoky Mountain Hydroelectric Project from the Federal Energy Regulatory , Commission regwres that gravel be added to
the Cheoah River for the purpose of restoring aquatic habitat The requirement'is for 100 cubic yards of natural river gravel every otheryear
Page,3 of 10
PCN. Form —Version 14 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary -
1a Which sections were,completed below for your protect'(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
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- a
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 (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Fill
Cheoah,River
PER
Corps
50
25
S2 P
Fill
Cheoah River
PER
Corps
50
25
S3 P
Fill
Cheoah River
PER
Corps
50
25
S4 P
Fill
Cheoah River
PER
Corps
50
25
S5 P
Fill
Cheoah River
PER
Corps
50
25
S6
Choose one
-
3h Total stream and tributary impacts
125
31 Comments
Approximately 20 cubic,yards of clean gravel wil l be, placed at each site Cheoah River, is actually wider than 50,feet at each "site, but 50 feet by 25 feet
is the,protected footprint of the gravel fill
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
Temporary T
4b
'Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody
type
4e
Area of impact (acres)
01
Choose,one
Choose
O2
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
P1
Choose one
P2
Choose one
5f Total:
5g Comments
5h Is a dam high hazard permit required?
❑ Yes [-]'No If yes, permit ID no
51 Expected pond surfacearea (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 Ifiany impacts re uire,miti ation, 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:
61 Comments
PageZ',of10

D. Impact Justification and Mitigation
1. Avoidance and Minimization,
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The project is designed to improve aquatic habitat in the nver'by adding natural gravel
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Gravel will be added directly to the stream bottom if at all, possible by using a backhoe or, conveyor Trees m °the,nparian area will not be disturbed
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
❑ 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.Pro ram
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using -stream mitigation, stream temperatuee
Choose one
4d Buffer mitigation requested (DWQ only)
square feet
4e Ripanan,wetland mitigation requested
acres
4f Non- ripanan 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 X 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 m -Lieu fee fund)
6h Comments
Page, 7 of 1,0

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules
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,thls project'?
2b
Does this project re uir&a Stormwater Management Plan?
❑ Yes ❑x No
2c
If this project DOES NOT require a Stormwater Management Plan, explain ,why
This
project is only adding clean gravel to the stream No construction or alteration of uplands will occur
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?
❑ Phase II
❑ NSW
3b
Which of the following locally - Implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water-Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a
Whlch'ofAhe following state - Implemented stormwater management,programs apply
❑ORW
(check all that apply)
❑Session Law 2006 -246
❑Other
4b
Has the approved,Stormwater Management Plan with proof of approval been
❑'Yes ❑ No
attached
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)
la
Does -the project involve an expenditure of public (federal /state /local) funds or the
❑X Yes ❑ No
use of public (federal /state) land?
lb
If you answered "yes" to the above; doe&the project require preparation of an
environmental document pursuant to the requirements of the National or State
M 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
0 Yes ❑'No
letter ) NEPA documentation has been completed by U S Forest Service See attached
Comments Not sent to Clearinghouse
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?
❑Yes 0 No
2c
If you answered "yes" to ,one or both of the above questions, provide an explanation ofthe violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ❑X 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
N/A
Page 9 of 10
PCN Form — Version 1 4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Wil l this project occur in or near an area with federally protected species or
Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
,Asheville
5d What data, sources -did you use to determine whether your`site would impact Endangered Species,or Designated Critical
Habitat?
Direct consultation with USFWS and USFS Field sde'investigations See attached documents
6. Essential Fish Habitat (Corps Requirement)
6a Will this prolectoccur in or near an,area designated as essential fish habitat?
❑ Yes ❑X No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Not in coastal county
7. Historic,oir 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
❑ Yes X❑ No
status (e g , National Historic Trust designation or properties significant in
North Carolina history,and archaeology)?
7,b What data sources -did you use to determine whether your site would impact historic or archeological resources?
http / /www hpo ncdcr gov/
B. 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
Will only raise stream bed elevation a few inches over a very small area Project area is a miniscule percentage of the total stream bed area over a
9 1 mile stretch of river
8c What source(s) did,you use to make the,floodplain determination?
http / /floodmaps nc gov /fmis /MamMap aspx#
signedbyChrstopherJ
coea
Christopher J. Dgdellyreee
cn
Chris Goudreau
DN ChdstopherJ Goudreau o m
Goudreau C_. S* °hmBoudreeu@ cwAdlrfeorg
09 -12 -2014
Dete 2074 09 12 10 38 54 -04 00
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is,valid only if an authorization
letterfromithera hcant is provided
Page 10 of 10

Cheoah River Gravel Restoration
Additional Sheets
For sites 1, 29 4, and 5
A.3. Owner Information
_ Site 1
3a Names on Recorded,Deed
U.S_. Forest Service
3b. Deed Book and Page No.
Jason Farmer
3c. Responsible Part (for LLC if a ° licable :
Nantahala National Forest
3d. Street address:
1160 Zillicoa,Street, Suite A
3e. City, state, zip:
Asheville, NC 28801
H. Telephone no.:
8282257 -4221 (Charlie Powell)
3g Fax no::
_
3h Email address.
jfarmer @fs.fed.us
A.4. Applicant Information,
_ Site 1
4a. Applicant is:
®Agent ❑Other, specify.
4b. Name:
Jason Farmer
4c. Business name (if applicable).
Nantahala National Forest
4d Street address:
Cheoah Ranger District
1070 Massey Branch Road
4e. City, state, zip,
Robbinsville, NC '28771
4f. Telephone no..
828 - 479=6431 Ext. 4101
4. Fax no:
4h. Email address:
jfarmer @fs.fed.us
B.1. Property Identification
_ Site 1
la. Pro ertyidentification no.:
Tract NNF 1047 -c
1_b. Site coordinates (in decimal degrees):
Latitude: 35 38208 Longitude: - 83.86800
1 c. Property size
Unknown acres
B.1. Property Identification
Site 2
1 a. Property identification no.
Tract NNF 1047 -a
lb. Site coordinates (in decimal degrees):
Latitude: 35.39855 Longitude. -83 86739
1 c. Property size:
Unknown acres
B.1. Property Identification
Site 4
l a. Property identification no.:
Tract NNF 1047 -b
lb, Site coordinates (in decimal degrees):
Latitude: 35.40135 Longitude: - 83.88'147
Ic Pro ert size.
Unknown,acres
B.1. Property Identification
'Site 5
1 a. Property identification no.:
Tract NNF 1947-g
lb,. Site coordinates (in decimal degrees).
Latitude. 35.43807 Longitude: - 83.91861
lc. Property size-
Unknown acres

For site 3
A.3. Owner Information
3a. Names on Recorded Deed:
Brookfield Smoky Mountain H dro ower LLC
3b. Deed Book and Page No.
Book No. 56 page 436 (begins on page 436
and continues through 465)
3c. Responsible Party for LLC if applicable):
Unknown acres
3d. Street address:
200' Donald Lynch Blvd., Suite 3.00
3e. City, state, zip:
Marlbourough, MA 01752
3'f Telephone no
865 -9,77 -2101
3g. Fax no
865- 85676160
3h. Email address-,
m a.hair brookfieldrenewable.coin
A, 4.,Applicant Information_
4a. Applicant is:
®Agent ❑Other, specify.
4b. Name:
Myra Hair
4c. Business name,(if applicable):
Unknown acres
4d Street address
314Growdon Blvd.
4e. City, state, zip--
Tallassee, Tennessee 37878
4£ Telephone no :
865 -9,77 -2101
4g. Fax no.:
865- 85676160
4h. Email address:
m a.hair brookfieldrenewable.coin
B.1. Property Identification
fa. Property identification no,
lb Site coordinates (in decimal 'degrees):
Latitude, 35.39770 Longitude: - 83:87254
Ic. Property size.
Unknown acres

lap oc o?
site 5
\site 4
site 2
\S' le 3
site 1\
GooSlc earth
'k,

1 '
r t -
Goo slc earth
Near junction of US • and Yellow Creek Road.
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1 •
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Agent Authorizations
Goudreau, Chris J.
From: Hair, Myra < Myra .Hair @brookfieldrenewable.com>
Sent: Tuesday, September 09, 2014 1:08 PM
To: Farmer, Jason -FS; Goudreau, Chris J.
Cc: Mark_A_Cantrell @fws.gov; Olson, Marshall
Subject: RE: cheoah gravel - PCN
Chris,
Thank you for following up on this issue. Please act as the agent in filing the required documentation.
Thanks,
Myra S. Hair
Compliance Specialist
Brookfield Smoky Mountain Hydro
Brookfield Renewable Energy Group
US Operations
314 Growdon Blvd. Tallassee, Tennessee 37878
T 865.977.2101 C 865.207.7902 F 865.856.6160
mvra .hair(o)brookfieldrenewable.com
www.brookfieldrenewable.com
Brookfield
This message, including any attachments, may contain information that is proprietary, privileged and /or confidential and is intended exclusively for the person(s) to
whom it is addressed. If you are not the intended recipient or have received this message in error, please notify the sender immediately by reply email and
permanently delete the original transmission from the sender, including any attachments, without making a copy.
From: Farmer, Jason -FS [mailto:jfarmer(a)fs.fed.us]
Sent: Tuesday, September 09, 2014 10:04 AM
To: Goudreau, Chris J.; Hair, Myra
Cc: Mark A Cantrell @fws.gov
Subject: RE: cheoah gravel - PCN
Chris,
Please file the PCN on behalf of the US Forest Service. We support the gravel
additions. Please act as the Forest Service agent in filing this documentation.
Thank you.
Jason Farmer
Fisheries Biologist
Nantahala National Forest, NFsNC
Cheoah Ranger District
1070 Massey Branch Rd
Robbinsville, NC 28771
(828) 479 -6431 x 4101
Fax [phone]

From: Goudreau, Chris J. [ma i Ito: chris.goudreauC & ncwildIife.org]
Sent: Monday, September 08, 2014 4:22 PM
To: Myra Hair; Farmer, Jason -FS
Cc: Mark A Cantrell @fws.gov
Subject: cheoah gravel - PCN
Myra and Jason,
I'm putting together the 404/401 PCN for the Cheoah River gravel augmentation. I've attached a draft of the PCN, minus
the maps, etc., which I'll include in the final submittal. It is my understanding that the biological evaluation from 2010 is
still good (through 2015), but that we need to do another Virginia spiraea survey at the locations. Mark is coordinating
with USFS botanists to conduct those surveys. The Elktoe surveys are happening this week.
One of the things I need is an authorization from each of you to act as agent. Last time an email was sufficient (see
attached). If you want to do a formal authorization, the Corps template is also attached.
At this point, I'm shooting to have the gravel installed by the contractor by the end of November.
Chris
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

2010 NWP
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action M. 2010 -01569 County: Graham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Alcoa Power Generating Inc., Tapoco Division
Attn: Mr. Marshall Olson
Address: P.O. Box 576
Badin, North Carolina 28009
Telephone No.: (704) 422 -5622
Size and location of property (water body, road name /number, town, etc.): The project is located at 5
sites along the Cheoah River, downstream of Lake Santeetlah in Graham County, North Carolina.
Description of projects area and activity: The permittee is authorized to place 20 cubic yards (cy) of
gravel at each location (total of 100 cy of gravellfill material) in order to perform aquatic habitat
enhancement /restoration.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, the conditions in the attached letter from the North Carolina Wildlife Resources Commission,
your submitted plans, and the following special condition:
1. All work shall be conducted in accordance with the attached letter from the U.S. Fish and Wildlife Service
dated August, 19, 2010.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled
to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of
changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or
are under contract to commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete
the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Lori Beckwith at 828 - 271 -7980.
Corps Regulatory Official: _Lori Beckwith Date: October 22, 2010
Expiration Date of Verification: March 18, 2012

-2-
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there,appear to be waters of the US including wetlands within the above
described project area This preliminary determinationtis not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There,are Navigable Watemof the United States within the above described-project area,subject to the
permitrequirements,of Section 10 of the Rivers,and Harbors Act and Section 404 of the Clean Water, Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
pendnot to exceed five years from the date of this notification
C. ® There are waters of the,US and/or wetlands within the above described project area subject to the permit
requirements of.Section 404-of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determinatmon,may be relied,upon for a period not to exceed five years
from the'date of this'notification.
D. ❑ The jurisdictional areas within the above described project area have'been identified under•a previous action
Please reference jurisdictional determinatnon,nssued _ Action ID
Basis of Jurisdictional Determination: The stream channel on,the property is the Cheoah River, which has
perennial flow and an OHWM. ThefCheoah River eventually flows into the Little Tennessee River. The Little
Tennessee River is a Section 10 water. This jurisdictional determination is valid for the impact areas,only.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A
above).
Attached to this verification is,an approved jurisdictional determination. If you are not in agreement with that
approved, lurisdictional,detemimation, you,can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request.to appeal
this determination you must submit a completed RFA form to the followmg,address:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that,it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it:has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the,above address within 60
days' from the Issue Date below.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination`in this
correspondence. **
Corps Regulatory Official. Lori Beckwith
Issue Date: October'22, 2010 Expiration Date Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS'FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
The Wilmington District is committed to providing,the highest,level of support to the public. To help us ensure we
continue to do so, please visit: htta. / /per2.nmM.usace army.mil/sutvey.html to complete the,survey online.

Permit Number: 2010 -01569
Permit Type: NW27
Name,of County: Graham
Name of Permittees Alcoa Power Generating Inc., Tapoco Division
Attn: Mr. Marshall Olson
Date of Issuance: October 22, 2010
Project Manager: Lori Beckwith
Upon completion of the activity authorized by this, permit and any mitigation required by the
permit, sign this cerdfication,and return it to the following address:
U.S- Army Corps of Engineers
Attention: CESAW -RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your permitted activity,is subject,to a compliance,inspection by an U.S. Army
Corps of Engineers representative. If you, fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I,hereby certify'that the work, authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit,,,and required mitigation was
completed in accordance with the permit'conditions.
Signature of Permittee
Date

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Appheant: Alcoa Power Generating Inc.,
File Number: 2010 -01569
Date: October 22; 2010
Ta oco Division, Attn: Mr. Marshall Olson
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED,PER:MIT Standard Permit,or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D_
PRELIMINARY JURISDICTIONAL DETERMINATION
E
- SECTION I, The following identifies your rights and options regarding,an administrative appeal `of•the above' ,3
decision: 'Additional•informition may be�found -at htty: / /www.u'sace. army. mil/ irietlfunctions /ew %cecwo /r'eR`or -
-,Co 's` =re ations at 33” CFR Part 331." -
, . w
A: INITIAL PROFFERED PERMIT: You may accept or object to the, permit.
• ACCEPT: If you received a Standard Permit, you,may sign the pernut document and return it to the district engineer for final
authorization If you received a Letter, of Permission (LOP), you may accept the LOP and your work is,authorized. Your signature
on the Standard Permivor acceptance of the LOP -means that you,accept the permit,in its entirety, and waive all rights to appeal the
permit, including its terms,and conditions, and approved jurisdictional determinations,associated with the perirut
• OBJECT,: If you object to the permit (Standard or LOP) because of certain terms :and conditions therein, you may request that the
permit be, modified accordingly You,must complete Section II of this form and,return the form to the district engineer. Your
objections must bvreceived by the,distnct engineer within 60 days' of the date'of this notice, or you will forfeit your right to appeal
the permit in the, future. Upon receipt of your letter, the district engineer will evaluate your- objections, and may (a) modify the
permit to address all of your concerns, (b) modify the permit to address wine,of your objections, or (c) not modify the permit
having,determined that the permit should,be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as- indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Pertmt, you may,sign the permit document'and return it to the distnct,engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and,your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the perrnit,m its entirety, and waive all rights to appeal the
permit, mcluding,its -terms and conditions, and approved jurisdictional determinations associated with,the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date � of
this notice.
C: PERMIT- DENIAL: You may appeal the denial of a pernut under the Corps of Engineers Admmmstrative Appeal' Process by
completing Section II of this form'and sending the form to the division engineer This form must'be received,by the division engineer
within 60 =days of the date of this notice.
D: APPROVED JURISDICTIONAL - DETERMINATION: You may accept or appeal the'approved JD or
provide, new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to,notify the Corps within 60 days of the date of
this notice, •means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If,you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section Hof this,form and, sending the form to the division engineer This form must be received by
the division engineer within 60 days of the,date of this,notice.

E: PRELIMINARY JURISDICTIONAL- DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD4s not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the'Corps to reevaluate the JD.
SECTION II ,= REQUEST FOR APPEAL or OBJECTIONS TO AN'INITIAL'PROFFERED.PERMIT . -
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in.clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The, appeal is limited to a review of the administrative record, the�Corps
memorandum for -the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to,clarify the administrative record. Neither the appellant not the Corps
may add new information or analyses to .the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT,'OF,CONTACT FOR QUESTIONS OR INFORMATION: -'
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact:
you may also contact!
Lori Beckwith, Project Manager
Administrative Appeal Review Officer
USACE „Asheville Regulatory Field Office
CESAD- ET -CO -R
1'51 Patton Ave, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806
60 Forsyth,Street, Room 9M15
828 - 271 -7980
Atlanta, Georgia 30303 -8801
RIGHT OF ENTRY: Your-Signature below grants the,right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will Have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District,Engineer, Wilmington Regulatory Division, Attn: Lori Beckwith, Project
Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC
28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn:
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15,

XF
United States Department of the Interior
FISA ANb WILDLIFE SF-RVICB
AshvflIg Field Office
160 ZiWeoa Street
Asheville, North CaroIWL 29801
August 1.9, 2010
Mr. Jason Farmer, Fisheries Biologist
Nantahala Ranger District
U.S. Forest Service
1,070 Massey'Branch Rd.
Robbinsville, North Carolina 28771 -7899
Dear Mr. Farmer:
Subject: Revised Biological Evaluation/Biological Assessment for the Proposed Additional of
Coarse Sand, Gravel, and Cobble to the Cheoah River on the Cheoah Ranger District,
Nantahala National Forest, Graham County„ North Carolina
In your email of August 5, 2010, you requested our comments on the subject project. The
following comments are provided-in•accordance with the provisions of section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act).
According to the,revised Biological- Evaluation/Biological Assessment (BE), coarse sand, gravel,
and,cobble,would be placed within the CheoahRiver at about 12 locations over a 5 year period.
Placement of the gravel would use existing roads and river access points. The -gravel would be
placed by dump trucks and/or bobcats. 'The gravel additions are expected to improve habitat for
many species of aquatic organisms living within the Cheoah River, including the federally
endangered Appalachian elktoe and the federally threatened spotfin chub. Gravel placement
sites were surveyed on June 15, 2010rand July 15, 2010 for the presence of Virginia spiraea.
One gravel site (B -06) was relocated about 100 feet upstream to the existing boat,access area to
avoid potential effects to a spiraea population. After,three years (after June 15, 2013), additional
Virginia spiraea surveys will be conducted at the proposed treatment sites prior to placement of
new gravels. Suitable Appalachian elktoe habitat (as determined by a permitted biologist) will
be surveyed,downstream (about 50 meters below the proposed gravel sites) within 3 months
prior to gravel placement.
The U.S. Forest'Service (USFS) expects this project to provide additional spawning areas for
host fishes and burrowing substrate for the Appalachian emoe and has concluded that the gravel
addition may affect, but is not likely to adversely affect the Appalachian elktoe. The USFS. also

believes this project will provide additional spawning areas for the spotfin chub and'that the
project may affect, but is not likely to adversely affect the spotfin,chub.
The USFS determined that because most of the gravel will remain in the,main channel of the
river, most of the Virginia spiraea populations, are above expected high water levels, and all of
the Virginia spiraea populations growing, downstream of the proposed treatment`areas are at least
50 -1'00 feet below the augmentation sites, that Virginia spiraea will experience:no indirect
effects as a result of the project. The USFS thus concluded that the proposed-project will have
no affect on Virginia spiraea.
We concur with your conclusions'that the proposed gravetaugmentation will not affect Virginia
spiraea and is not likely to adversely affect the spotfm chub or Appalachian elktoe. However, for
clarity, we assume that when you state that "Suitable Appalachian elktoe,habitat (as determined
by a permitted biologist) will be surveyed downstream (approximately 50 meters below the
proposed,gravel sites) within 3 months prior to gravel placement", you mean that all of the area,
including the gravel placement site, to 50 meters downstream will be, surveyed. Further, because
the BE does not state what will be done if the Appalachian elktoe is found during the =survey, we
assume that gravel will not be placed in that location. Similarly, we assume that if Virginia
spiraea is found during future surveys, that gravel will not be placed in those locations. If these
assumptions are correct, then the, requirements under,section 7(c) 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 this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this 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.
With sufficient notice, we,will °be glad to try to.help with any, of the,required surveys. We
appreciate the opportunity to provide these comments and request that you continue to;keep us
informed as to the progress of these proposed.actions. If we,can be of assistance or if you have
any questions, please contact.Mr. Allen Ratzlaff of our. staff at 828/258 -3939, Ext. 229. In any
future correspondence concerning-this project, please- reference our Log Number 4 -2 -10 -196.
cc:
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources
Commission, 20830 Greaf S'moky,Mtn. Expressway, Waynesville, NC 28786
2
i

LION North Carolina Wildlife Resources Commission
Gordon Myers, Executive,Director
September 23, 2010
Ms. Loretta, Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
;SUBJECT: Nationwide Permit Apphcationrfor'USDA Forest Service. and Alco Power Generating,
Inc.
Cheoah River Gravel Restoration Project, Graham County
Dear Ms. Beckwith:
The USDA,Forest,Service and Alco Power Generating, Inc. requested comments from the North Carolina
Wildlife Resources Commission (Commission) on a permit to place,gravel in 5 locations, of the Cheoah
River for habitat restoration. Comments from the Commission are provided under provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661- 667d).
We support,this project and have no concerns provided it is performed as described in the application.
Thank you for the-opportunity to review and comment,on this project. Commission staff may inspect the
work,areas,during or after construction. Please contact me at (828) 452 -2546 extension 24 if there,are
any questions about these comments
Sincerely,
Dave McHenry
Mountain,Region Coordinator, Habitat,Conservation Program
cc: Mr. C. Goudreau, NC Wildlife Resources Commission (agent)
Mr. C. Cranford, NCDENR, DWQ
Telephone: [phone] - Fax: '(919) 707 -0028

�A
NCDEE R
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins
Governor Director
October 19, 2010 12010 Water Quality Certification
Charlie Powell
U.S. Forest Service
160 Zillicoa Street, Suite A
Asheville, NC 28801
Marshall Olson
Alcoa Power Generating
P.O. Box 576
Badin, NC 28009
Subject: 401 Water Quality Certification - Approval
Cheoah River Gravel Restoration
DWQ Project # 10 -0780
Graham County
LTN04 / Cheoah River / 2- 190 -(22) / C; Tr
Dear Messrs. Powell and Olson:
Resources
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 125 feet of streams for the purpose of habitat
restoration at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location: 2090 U S Highway 70, Swannanoa North Carolina 28778
Phone 828 - 29645001 FAX, 828 - 2997043' Customer Service 1- 877 - 623 -6748
Internet www ncwaterquahty.org
An F.pual Op Monty ;.Kinnauve Act*n c mproy&
One
No hCarolina
1711 ralllj

Water Quality Certification No. 3689
Water Quality Certification Number 3689 'is issued.in conformity with the�regwrements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division, of Water Quality Regulations In 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the
discharge of fill material,to waters as described im33 CFR330 Appendix A,(B) (13) and (27) of
the Corps of Engineers regulations (i.e.,- Nationwide Permit Numbers 13 and,27),and Regional
Permit 197800680. The category of activities shall include stream bank stabilization orstream
restoration activity as long as impacts to waters or-significant wetlands are, minimized; wetland
and riparian restoration or creation; and the,construction.and maintenance of bulkheads on non -
,Federal Energy Regulatory Commission (FERC) "lakes.
The State of North Carolina certifies that the specified category of activity will,not violate
applicable portions of Sections 301, 302, 303,,,306 and 307 of1he Public Laws 92 -500 and 95-,217
if conducted in accordance with the,conditions set forth.
All,proposed fill or modification of wetlands and /or waters, including °streams and streambariks,
under'this,General Certification requires application to, and wntten approval from,the Division of
Water Quality (the "Division "), regardless of the,purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide °Permit 13 for erosion protection of up to 500
feet of stream,banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this,work in the Neuse, Tar - Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effectlat the time of application,[in accordance with 15A NCAC 2B .0200]),will require
written approval, unless the activities,are'listed as "EXEMPT" from these Rules:
In accordance with North Carolina,General,Statute Section 143- 215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires,a LAMA Permit, then one payment to both agencies shall be submitted,and will be the
higher of the two fees.
Conditions of Certification:
1. Activities shall meet the definitions, `design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District.Regulatory Guidance Letter(RGL02 -02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond'the footprint of the impacts depicted in the Pre- construction Notification and /or those
authorized by this Certkicahon, including incidental impacts: All construction activities,
including`the design, installation, operation, and maintenance of sediment and erosion,control
Water Quality Certification No 3689

Water Quality Certification No. 3689
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological'actnnty (i.e. sea turde,or bind nesting),
then biological, monitoring may be required at the request,of other state,or federal agencies
and coordinatedwith these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonableJustification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish andWildlife Service (USFWS), "NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post -larval fishes,and crustaceans, or other aquatic, species of concern shall be
implemented. This condition can be waived•through written concurrence on a case, by case
basis upon rieasonable justification.
Work within the twenty =five (25) designated trout counties or identified, state or federal
endangered or threatened species Kabitat`shall be�coordinated with the,appropnate WRC,
,USFWS, NMFS, and /or DMF personnel.
NC,Wildlife Resources Commission will not'object to'construction of Natural Resources
Conservation Service (NRCS)'urgent and compelling" sites,during the spawning period
provided these projects are, to the extent appropriate, and practical „constructed by:
a. Using flow diversion structures such•as sandbags;
b Placing large -size rock toes and filter cloth backing for stabilization sites before
backfilling; and
c. Excavating new channel alignments in dry areas.
Construction at'non- urgent and =mpelling',sites shall not occur during the spawning period
to minimize the'potential adverse,effects of multiple construction activities on trout or
anadromous fish resources in this,stream
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best.management practices from the most current version ofthe NC Sediment and Erosion
Control Manual, or the NC DOT ConstrucUornand ^Maintenance =Activities Manual,,such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition requir&submittal to, and approval
by, the Division_
8 Riparian Area Protection (Buffer) Rules
Activities located in the protected 50400t wide riparian areas (whether jurisdictional wetlands
or not) wiihin,the Neuse, Tar - Pamlico, Randleman, Catawba (or any other basin with,buffer
rules), shall be limited to "uses” identifie&within and constructed in,accordance with 15A
NCAC 2B .0233, .0259, .02Wand .0243, and shall tie located, designed, constructed, and
,maintained to have,minlinal disturbance to protect water quality to the maximum extent
practicable, through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
9. Water Supply Watershed Buffers
The 100 -foot wide (high- density development) or the 30 -foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
Water Quality Certification,No 3689

Water Quality Certification No. 3689
Thw Director of the North Carolina Division of Water Quality may,require submission of a formal
application for Individual Certification for -any project in this category, of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including, state or
federally listed endangered or threatened aquatic species or degrade thevaters so that existing
uses of the wetland or downstream waters are precluded
Public hearingsmay be held for specific applications or group of applications prior to a
Certification, decision if deemed in the public's best inteeest by the Director of the North Carolina
Division of Water Quality.
Effective date: November"l, 2007
DIVISION OF WATER QUALITY
By
4
Coleen H.,Sullins
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC)'Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality
Water Quality Certification No. 3689

DWQ Project No.:
Applicant:
Project Name:
Certification of Completion
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer- Rules, and any
subsequent modifications, the applicant is,required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This 'form' may be
returned to DWQ by the applicant, the applicant's authorized agent, or, the project engineer. It is'not necessary to send
ceitificates from all of these.
Applicant's Certification
1, "hereby state. that, to the bestrof my abilities, due care and' diligence was
Used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water. Quality Certification and Buffer Rules, the approved plans and specifications,
.and other supporting materials:
Signature:
Agent's Certification
Date:
1, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supportingmaterials.
Signature: Date:
If this project was designed by a Certified Professi o-nal
1, , as a duly registered Professional
Y g (i.e., Engineer,
Landscape Architect, Surveyor, etc.) ,in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project,, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and 'intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and "other supporting materials.
Signature: Registration No. Date

2012 NWP extension
Goudreau, Chris J.
From: Jeff Bruton <jeff.bruton @ncdenr.gov>
Sent: Monday, January 09, 2012 3:36 PM
To: Mead, Jim; Mark A_Cantrell @fws.gov; Goudreau, Chris J.; Farmer, Jason; Olson, Marshall
L.; McHenry, David G.
Subject: Fwd: FW: Revision to Permit Number: 2010 -01569 - Cheoah River gravel restoration
(UNCLASSIFIED)
Attachments: Revision to Permit Number 2010 -01569 - Cheoah River gravel restoration.pdf; NWP27_
6 -07.pdf; Forwarded Message.em I
-- - - - - -- Original Message -- - - - - --
Subject:FW: Revision to Permit Number: 2010 -01569 - Cheoah River gravel restoration (UNCLASSIFIED)
Date:Mon, 9 Jan 2012 15:26:59 -0500
From:Beckwith, Loretta A SAW < Loretta .A.Beckwith(ausace.army.rnil>
To:Jeff Bruton <ieff.bruton(&ncdenr.gov>
Classification: UNCLASSIFIED
Caveats: NONE
Jeff,
I have reviewed the information in your request for project modification (attached). The
proposed modifications meet the terms and conditions of Nationwide Permit (NWP) 27.
Additionally, you have obtained the required comments /approvals from the USFWS and WRC.
As such, your authorization under NWP 27 (file 2010 -01569 - Cheoah River gravel
restoration), has been modified and you are authorized to place an additional 200 cubic
yards of natural river gravel in the Cheoah River at 5 locations. This e -mail serves as
your official Department of the Army authorization for this modification.
Please ensure that the work is conducted in accordance with the attached project
description, the special condition in the original letter, all terms of NWP 27, and all
applicable NWP general and regional conditions.
Thank you,
Lori Beckwith
U.S. Army Corps of Engineers
Wilmington District
Asheville Regulatory Field Office
828 - 271 -7980, ext.
Classification: UNCLASSIFIED
Caveats: NONE

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010 -01569 County: Graham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Alcoa Power Generating Inc., Tapoco Division
Attn: Mr. Marshall Olson
Address: P.O. Box 576
Badin, North Carolina 28009
Telephone No.: (704)422 -5622
Size and location of property (water body, road name /number, town, etc.): The proiect is located at,5
sites along the Cheoah River, downstream of Lake Santeetlah in Graham CountY,'North Carolina:
Description of projects area and activity: The permittee is authorized to place 20 cubic Yards (cv) of
gravel at each location (total of 100 cv of gravel/fill material) in order to perform aquatic habitat
enhancement/restoration.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10`(Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the,above referenced permit provided it is,accbmphshed in strict accordance with the
attached conditions, the conditions in the attached letter from the North Carolina Wildlife Resources Commission,
your-'submitted plans, and the,followmg special condition:
1. All work shall be,conducted,in accordance with the attached letter from the U.S. Fish and'Wildlife Service
dated August, 19, 2010.
Any violation of.the attached conditions or deviation from your submitted,plans may subject the permittee to a
stop,work order, a restoration order and/or appropriate, legal action.
This verification is valid until the NWP is modified,,reissued, or revoked. All of the existing NWPs are scheduled
to be+modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of
changes to, the NWPs. We will issue a,public notice when ;the NWPs are reissued. Furthermore, if you commence or
are'-under contract to commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete
the activity under the present terms and,condrtions,of this nationwide permit.
Activities subject to, Section 404 (as.indicated,above) may also;require an individual Section 401 Water Quality
Certification. You should-contact the NC Division,of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation,under the Coastal Area
Management Act-(CAMA), prior to beginning work you must,contact the N.C. Division,of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any, other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, anyrof the conditions of the Permit, or the,Corps, of
Engineers regulatory program, please contact`Lori'Beckv✓ith at 828 - 271 -7980.
Corps Regulatory Official: Lori Beckwith Date: October 22, 2010
Expiration Date of Verification: March 18, 2012

-2-
Determination of Jurisdiction:
A., ❑ Based on preliminary infonnation,Jhe7re appear to,be waters,ofthe)US mcludmg wetlands within the above
described project'area. This,preliminary determination is'not,an appealable action under the Regulatory
Program Administrative Appeal Processi( Reference 33 CFR Part 331).
B. ❑, There areNavtgable Waters ofthe United States within the�aboye described'pr6iect areastibject to the
penmit�requirements of Section 10 of thelivers and Harbors Act and' Section 404,of the Clean Water Act.
Unless there�is wchange in the,law or,our published regulations,. this determination may be relied,upon fora
period not tosexceed,five years from the date of this notification.
C. 0' There are waters °of the US and/or, wetlands within the above'described project area subject'to`the permit
requirements"of Section 404 of,the•Clean Water Act;(CWA)(33 USG§ 1344) Unless thereds a,change inthe
law or our published regulations,,this determination,may be,rehed upon,for +a period not to exceed five,years
from the,date of thisnotification.
D. ❑ The juri sdictional,aTeas,within the above,described project area have been identified undera,prevrous,action.
Please:reference jurisdictional determination issued — Action ID
Basis of JurisdlCdonal.,DetermiRation: The,stream channel on the property is theACheoah River; which has
perennial flow and au`OHWM. The Cheoah- River,eventually flows into the1ittle'Tennessee River. The,,Little�
Tennessee River is a,Section to water. This jurisdictional, deierminatiowis valid,for,the impactareas only.
AppealsInforination: (This infotm4tton,doesm6t applylwprelimmary determinations as,indicated by paragraph A.
above).
Attached to,this verification is an+approved jurisdictional determination. 'If you ate not in agreement with that
approved jurisdictional, determination „you,canrmake:an+admitustrattve °appeal under 33 CFR 331: Enclosed'you will
find_a`Notification of Appeal Process (NAP),fact sheet and request for,,appeal (RFA) form. If you request1w,.appeal
this determination you must submit a completed °RFA form to the following address:
District Engineer, Wilmington Regulatory Program,
Attn: Lon Beckwith; ,P Oject Manager
151 Patton. Avenue, Room 208
Asheville, North,Carolina 28801
`In order, for an RFA to be accepted'by the,Corps; the Corps must <deterdtine,that it'is complete, that,it meets the
criteria,for appeal under 33 CFR partrt 331.5, and,that it has been received'by the DivisionOffice withinn60 days of
the date,of the =NAP. Should you decide,to submit anRFA form„ `it'musi be received,at,the above address,within 60
days from the,1ssue Date below
"It is ;not necessary,to submit an RFA form to the Division Office`if you ^do not,oblect to the,determination in,this,
correspondence.”
Corps Regulatory,Official: Lori Beckwith
Issue Date: October 22, 2016 Expiration Date- Five years,from Issue Date
SURVEY'PLATS, FIELD SKETCH, WETLAND, DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IFREQUIRED OR AVAILABLE.
Copy Furnished:
The WihmingtowDistriat is,co_mmitted,to providing the highest level of,support to "the public To help usnensure we
continue4o, do so, please vtsitl http / /per2.nwp.usace.army.mil/surve} html to complete,the survey online.