20150094 Ver 1_401 Application_20150115

�= Blue Ridge Resource
Y Conservation & Development Council, Inc.
January 15, 2015
Ms Tasha Alexander 10AI
U S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801 2 0 1 5 0 0 9 4
Subject Application for a Section 404 Nationwide 27 Permit and Section 401 Water Quality
Certification for the restoration of Grassy Creek at the Parkway Fire & Rescue
Mitchell County, North Carolina
Dear Ms Alexander
The Blue Ridge Resource Conservation and Development Council (BRRCD) is collaborating with the
North Toe Partnership on the North Toe River Restoration Project The project is a US EPA 319- funded
project working to identify sediment sources in the North Toe River The North Toe River is within the
French Broad River Basin in Avery, Mitchell, and Yancey Counties, NC, and is on North Carolina's 2012
303(d) list due to turbidity in excess of water quality standards for trout waters In addition to BRRCD,
the North Toe Partnership is made up of the Toe River Valley Watch, Mitchell and Avery County
government, state and federal resource agencies (US Fish and Wildlife Service, NC Wildlife Resource
Commission, NC Natural Heritage Program, NC Division of Water Resources), and the Unimin
Corporation The goal of the partnership is to develop a 9- element watershed action plan to address
sediment sources for the river
According to the French Broad Basmw►de Plan (2010), the North Toe River Riparian Corridor
Conservation Design (May, 2000), and on- the - ground observations, there are long -term water quality
impacts from nonpoint source pollution associated with urbanization, sedimentation, and erosion in this
watershed
The Grassy Creek Commercial District has been targeted by the North Toe River Restoration Project as
an area for BMP improvements The Grassy Creek Parkway Fire & Rescue Stream Enhancement Project
lies within the commercial district and will help improve water quality for Grassy Creek and the North
Toe watershed
The North Toe River watershed has significant economic implications for Avery, Mitchell, and Yancey
Counties, and the Towns of Newland and Spruce Pine Its streams provide aesthetic value and high
quality water for recreation, drinking, agriculture, and industry Streams in the watershed support
populations of trout, which attract thousands of visitors each year The Town of Spruce Pine has been
designated as a "Mountain Heritage Trout Water" city by the NC Wildlife Resources Commission
The objective of this project is to stabilize a section of Grassy Creek that is experiencing significant bank
erosion The left descending bank within the project area in particularly is experiencing bank failure and
erosion The design plans include installing a J -hook, reshaping the streambanks, and planting native
vegetation A stream diversion will not be needed in order to complete construction
Please find enclosed a PCN application, photographs, a vicinity map, a U S Geological Survey map, and
plan sheets

Parkway Fire & Rescue Stream Restoration Page 2 January 15, 2015
North Carolina Natural Heritage Database was checked for records of threatened and endangered species
The database lists 36 species for Mitchell County that have federal status Bog turtle (Glyptemys
muhlenbergu) is listed as threatened due to similarity of appearance to the listed northern bog turtle Nine
species, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Appalachian elktoe
(Alasmidonta ravenehana), Spruce -fir moss spider (Microhexura monitivaga), Blue Ridge goldenrod
(Sohdago spithamaea), Heller's blazing star (Liatris helleri), Roan mountain bluet (Hedyotus purpurea
var montana), spreading avens (Geum radiatum), Virginia spiraea ( Spiraea virginiana) and rock gnome
lichen (Gymnoderma lineare), are listed as either threatened or endangered There is also potential for the
federal listing of the Northern long -eared bat (Mytosis septentrionahs) in the near future
Appalachian elktoe is found in well- oxygenated streams with moderate to fast flowing water with stable,
mixed substrates of silt, sand, gravel, and /or cobble Appalachian elktoe records in the area are from
relatively large streams, the North Toe River, South Toe River, Cane River, and Nolichucky River There
are no records of occurrence in the smaller tributaries of these streams, such as what is found in Grassy
Creek No Appalachian elktoe were observed during the field scoping process and records indicate the
nearest known occurrence is located approximately 10 0 —river miles downstream of the project in the
North Toe River
Carolina northern flying squirrel, Spruce -fir moss spider, Blue Ridge goldenrod, Heller's blazing star,
Roan mountain bluet, spreading avens, and rock gnome lichen are species that require habitat found at
relatively high elevation Although most rock gnome lichen populations occur near or above 5,000 feet
elevation, it does occur at lower elevations within deep river gorges The elevation at the site is
approximately 2,600 feet and the surrounding habitat at the project site is within the 100 -year floodplam
and vertical rock substrate required by the rock gnome lichen is lacking Therefore, there is no suitable
habitat for these species
Virginia spiraea occurs along rocky, flood - scoured riverbanks in gorges or canyons Gravel and rock bars
that provide habitat for the Virginia spiraea are lacking at the project location Bog turtles live in
wetlands The project vicinity is highly disturbed and wetlands are not associated with the site
The project is limited to the installation of a J -hook rock vane and streambank stabilization by vegetating
the banks Erosion and sedimentation control measures will be implemented to further minimize potential
to adversely affect aquatic habitat The endangered Appalachian elktoe does not occur in Grassy Creek,
therefore, we recommend a "no effect" determination for aquatic threatened and endangered species
This project is limited in scope and habitat appears to be lacking for terrestrial threatened and endangered
species For these reasons and those discussed above, we recommend a "no effect" determination for
terrestrial threatened and endangered species
This project was reviewed by the Natural Resource Conservation Service in 2014 for potential affects to
historical architecture and archaeology It was determined that no survey was required for historical
architecture It was also determined that no archaeological survey was required
Impacts to Waters of the United States
Grassy Creek (DWQ Class C, Tr) is shown on the USGS topographic map as a perennial stream The
channel is well defined with a substrate primarily composed of cobble, gravel and sand /silt and is
approximately 15 feet in width Grassy Creek flows 2 3 miles to North Toe River, which then flows
approximately 33 miles before joining the Nolichucky River (HUC 06010 1) The French Broad River
meets the definition of a Traditional Navigable Water For these reasons, we believe Grassy Creek is a

Parkway Fire & Rescue Stream Restoration Page 3 January 15, 2015
Relatively Permanent Water and is under the Jurisdiction of the U S Army Corps of Engineers As such,
performing stream restoration will result in impacts to waters of the United States The impacts are listed
in the table below
Station
Impact Type
Temp. SW Impacts (ac)
Existing Channel Impacts Temp (If)
Site 1
Bank Stabilitation
001
60' (T)
Due to Grassy Creek being classified as a Trout Water, a moratorium for in -water work will be in effect
from October 15 to April 15 for the Brown and Rainbow trout spawning season
Permits Requested
BRRCD is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above By copy of this letter to North Carolina Department of Environment
and Natural Resources (DENR), Division of Water Resources (DWR), I am requesting authorization
under Section 401 of the Clean Water Act Also by copy of this letter, I am asking Ms Marla Chambers,
Western NCDOT Review Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC)
to comment directly to you concerning the 404 Nationwide Permit request
If you have any questions or need additional information, please contact me at (828) 284 -9818 We
appreciate your consideration of this request
Sincerely,
Jonathan Hartsell
Executive Director
Enclosures
cc Ms Jennifer Burdette, DWR, DENR, Raleigh Office

r'
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A.
Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
FN 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
® No
1d
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
le
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
❑ Yes
for Corps Permit
® 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
® No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Grassy Creek Parkway Fire & Rescue Stream Restoration
2b
County
Mitchell
2c
Nearest municipality / town
Spruce Pine
2d
Subdivision name
N/A
2e
NCDOT only, T I P or State
Project No
N/A
14 7A,
3
Owner Information
Z 2 2015
3a
Name(s) on Recorded Deed
Grassy Creek Fire Department
DENR _ wgTE
3b
Deed Book and Page No
238 109
ER PER TTNG
3c
Responsible Party (for LLC if
applicable)
Blue Ridge Resource Conservation and Development Council, Inc
3d
Street address
26 Crimson Laurel Circle, Suite 2
3e
City, state, zip
Bakersville, NC 28705
3f
Telephone no
(828)- 284 -9818
3g
Fax no
None
3h
Email address
jhartsell @blueridgercd org
Page 1 of 10
PCN Form — Version 1 3 December 10, 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other, specify
4b
Name
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
Nancy Scott
5b
Business name
(if applicable)
The Catena Group
5c
Street address
410B Millstone Drive
5d
City, state, zip
Hillsborough, NC 27278
5e
Telephone no
(919)- 732 -1300
5f
Fax no
(919)- 732 -1303
5g
Email address
nscott @thecatenagroup corn
Page 2 of 10
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
0798 -00 -49 -3831
1 b Site coordinates (in decimal degrees)
Latitude 35 882231 Longitude -82 057432
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
0 97 acres
2 Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Grassy Creek
proposed project
2b Water Quality Classification of nearest receiving water
C, Tr
2c River basin
French Broad
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
The landscape in the immediate vicinity of the projec t is commercial, with NC 226 adjacent to the project There are also
forested and residential areas nearby
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
215
3d Explain the purpose of the proposed project
The purpose of the project is to stabilize a section of Grassy Creek by installing a J -hook, reshaping the streambanks and
planting native vegetation along the banks
3e Describe the overall project in detail, including the type of equipment to be used
As stated above, a stream stabilizing J -hook will be installed in the stream and the chanel will be reshaped Native
vegetation will be planted along the banks Typical construction equipment will be used, including track hoes, dump
trucks, bulldozers, and various hand tools
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®No F-1 Unknown
project (including all prior phases) in the pasty
Comments N/A
4b If the Corps made the jurisdictional determination, what type
El Preliminary El Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company N/A
Name (if known) N/A
Other N/A
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
N/A
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b if yes, explain in detail according to "help file" instructions
N/A
6 Future Project Plans
6a Is this a phased projects
❑ Yes ® No
6b If yes, explain
N/A
Page 3 of 10
PCN Form —Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® 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
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
N/A
N/A
❑ Yes
❑ No
❑ Corps
❑ DWQ
N/A
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments N/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
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Bank Stabilization
Grassy Creek
® PER
❑ INT
® Corps
® DWQ
15
60
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 [:]PMT
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total Permanent Stream and Tributary Impacts
0'
Total Temporary Stream and Tributary Impacts
60'
31 Comments
Page 4 of 10
PCN Form — Version 1 3 December 10, 2008 Version

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 individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P)
or Temporary T
01 ❑ P ❑ T
N/A
N/A
N/A
N/A
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4L Total open water impacts
N/A
4g Comments N/A
5 Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
P2
5L Total
N/A
N/A
N/A
N/A
N/A
N/A
N/A
5g Comments N/A
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no N/A
51 Expected pond surface area (acres)
N/A
51 Size of pond watershed (acres)
N/A
5k Method of construction
N/A
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
❑ Neuse E] Tar-Pamlico E] Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for
Stream name
mitigation
(square feet)
(square feet)
or Temporary T
impact
—required?
Yes
B1 ❑ P ❑ T
N/A
N/A
❑❑
s
N/A
N/A
❑Yes
B2 ❑P ❑T
❑ No
❑Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
N/A
N/A
61 Comments N/A
Page 5 of 10
PCN Form — Version 1 3 December 10, 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The project is enhancing the stability of the stream by reshaping the stream and installed a J -hook As much work as possible
will be done from the banks
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The site is easily accessed from nearby roads Areas that are disturbed will be revegetated in accordance with the attached
vegetation plans
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 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 N/A
3b Credits Purchased (attach receipt and letter)
Type N/A
Quantity N/A
3c Comments N/A
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
4c If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
N/A square feet
4e Riparian wetland mitigation requested
N/A acres
4f Non - riparian wetland mitigation requested
N/A acres
4g Coastal (tidal) wetland mitigation requested
N/A acres
4h Comments N/A
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
N/A
Page 6 of 10
PCN Form — Version 1 3 December 10, 2008 Version

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 mitigation9
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
N/A
N/A
3 (2 for Catawba)
N/A
Zone 2
1 5
6f Total buffer mitigation required
N/A
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)
N/A
6h Comments N/A
Page 7 of 10
PCN Form — Version 1 3 December 10, 2008 Version

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
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments N/A
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N/A %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why A stormwater management plan is not
required because the project will not impact impervious surfaces
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan
N/A
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
N/A
❑ 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
Which of the 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
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 3 December 10, 2008 Version

F. Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
lb 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
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c 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
❑ Yes ❑ No
letter )
Comments N/A
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 ® No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) N/A
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
This project consists of placing a J -hook in the stream and reshaping of the stream banks There will be no roadway
improvements done with this project, therefore there are no anticipated future impacts as a result of this project
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 3 December 10, 2008 Version

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 ® No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
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?
North Carolina Natural Heritage Database Program and a site visit during the field scoping process
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?
N /A- -There are no marine or esturaine habitat within the Blue Ridge Physlographlc Province
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
❑ 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?
The project was submitted to the Natureal Resources Conservation Service for review It was determined that no survey
was required for historic architecture or archaeological resources (see attached form)
8 Flood Zone Designation (Corps Requirement)
8a
Will this project occur in a FEMA - designated 100 -year floodplaln?
® Yes ❑ No
8b
If yes, explain how project meets FEMA requirements The FEMA issues were addressed in the hydraulic design of the
design structures
8c
What source(s) did you use to make the floodplain determination? NC F000dplain Mapping Program
Jonathan Hartsell
r,
Executive Director
1/15/2015
Date
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided )
Page 10 of 10
PCN Form — Version 1 3 December 10, 2008 Version

Photo 1 — Looking upstream
Photo 2 — Looking downstream

w�
Photo 3 — Looking toward left descending bank (LDB)
F
1 -_ `/rY7L ti
Photo 4 — Looking toward LDB

Photo 5 — Looking upstream toward LDB
33 •r a ;'.�t � j� y t i..
ar '� .`•ter. I ��� � - �t � ..
s
wy.
log
Y ��'': • i• �.��` }J1�1� is'j�.h'�•'J` i� irk .'� .:'� "!'
Photo 6 — Looking downstream toward LDB

Photo 7 - Instream
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Stream Restoration
Date
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Figure
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o 250 500 Feet
Group
Site Location Map
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Job No
Mitchell County, North Carolina
11 1184

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Site Location Map
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Job No.:
Mitchell County, North Carolina
1184

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Blue Ridge Resource
Conservation & Development Council, Inc.
January 19, 2015
STATE PROJECT N/A
WBS ELEMENT N/A
F A PROJECT N/A
COUNTY Mitchell
DESCRIPTION Restoration of Grassy Creek at the Parkway Fire & Rescue off NC 226
Tennessee Valley Authority
Attn Mr Anthony Summitt
106 Tri -Cities Business Park Drive
Gray, TN 37615
Dear Mr Summitt
The North Toe Partnership proposes to restore a portion of Grassy Creek in Mitchell County, NC For
your use in reviewing the proposed construction, we are sending one copy each of the following
• TVA 26a Application Form (35 882231 N, -82 057432 W)
• "No Conflict of Interest" Disclosure Form D j� � � � ��,`
• Preliminary Site Plan D
• Site Location Map
• USGS Topographic Map with structure location (Spruce Pine 4 1978) JAN 2 2 X015
• Color Photos of Site
We request the Tennessee Valley Authority review and approve the attached plans as
26a of the Tennessee Valley Authority Act of 1933, as amended
North Carolina Natural Heritage Database was checked for records of threatened and endangered species
The database lists 36 species for Mitchell County that have federal status Bog turtle (Glyptemys
muhlenbergrt) is listed as threatened due to similarity of appearance to the listed northern bog turtle Nine
species, Carolina northern flying squirrel (Glaucomys sabrmus coloratus), Appalachian elktoe
(Alasmidonta ravenehana), Spruce -fir moss spider (Microhexura morntivaga), Blue Ridge goldenrod
(Solidago spithamaea), Heller's blazing star (Liatris helleri), Roan mountain bluet (Hedyotis purpurea
var montana), spreading avens (Geum radtatum), Virginia spiraea (Spiraea virgintana) and rock gnome
lichen (Gymnoderma lineare), are listed as either threatened or endangered There is also potential for the
federal listing of the Northern long -eared bat (Mytosis septentrionahs) in the near future
Appalachian elktoe is found in well- oxygenated streams with moderate to fast flowing water with stable,
mixed substrates of silt, sand, gravel, and/or cobble Appalachian elktoe records in the area are from
relatively large streams, the North Toe River, South Toe River, Cane River, and Nolichucky River There
are no records of occurrence in the smaller tributaries of these streams, such as what is found in Grassy
Creek No Appalachian elktoe were observed during the field scopmg process and records indicate the
nearest known occurrence is located approximately 10 0 —river miles downstream of the project in the
North Toe River
Carolina northern flying squirrel, Spruce -fir moss spider, Blue Ridge goldenrod, Heller's blazing star,
Roan mountain bluet, spreading avens, and rock gnome lichen are species that require habitat found at

Parkway Fire & Rescue Stream Restoration Page 2 January 19, 2015
relatively high elevation Although most rock gnome lichen populations occur near or above 5,000 feet
elevation, it does occur at lower elevations within deep river gorges The elevation at the site is
approximately 2,600 feet and the surrounding habitat at the project site is within the 100 -year floodplain
and vertical rock substrate required by the rock gnome lichen is lacking Therefore, there is no suitable
habitat for these species
Virginia spiraea occurs along rocky, flood - scoured riverbanks in gorges or canyons Gravel and rock bars
that provide habitat for the Virginia spiraea are lacking at the project location Bog turtles live in
wetlands The project vicinity is highly disturbed and wetlands are not associated with the site
The project is limited to the installation of a J -hook rock vane and streambank stabilization by vegetating
of banks Erosion and sedimentation control measures will be implemented to further minimize potential
to adversely affect aquatic habitat The endangered Appalachian elktoe does not occur in Grassy Creek,
therefore, we recommend a "no effect" determination for aquatic threatened and endangered species
This project is limited in scope and habitat appears to be lacking for terrestrial threatened and endangered
species For these reasons and those discussed above, we recommend a "no effect" determination for
terrestrial threatened and endangered species
This project was reviewed by Natural Resources Conservation Service in 2014 for potential affects to
historical architecture and archaeology It was determined that no survey was required for historical
architecture It was also determined that no archaeological survey was required
Impacts to Waters of the United States
Grassy Creek (DWQ Class C, Tr) is shown on the USGS topographic map as a perennial stream The
channel is well defined with a substrate primarily composed of cobble, gravel and sand/silt and is
approximately 15 feet in width Grassy Creek flows 2 3 miles to North Toe River, which then flows
approximately 33 miles before joining the Nolichucky River (HUC 060101) The French Broad River
meets the definition of a Traditional Navigable Water For these reasons, we believe Grassy Creek is a
Relatively Permanent Water and is under the jurisdiction of the U S Army Corps of Engineers As such,
performing stream restoration will result in impacts to waters of the United States The impacts are listed
in the table below
o
Existing Condition
Proposed Condition
Ste
Impacts
Site 1
Eroding stream
J -Hook and vegetated banks
60' (T)
Total Permanent Stream Impact 0'
Total Impact for Riprap Bank Stabilization 60'
Due to Grassy Creek being classified as a Trout Water, a moratorium for in -water work will be in effect
from October 15 to April 15 for the Brown and Rainbow trout spawning season
Permits Requested
BRRCD is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above By copy of this letter to North Carolina Department of Environment
and Natural Resources (DENR), Division of Water Resources (DWR), I am requesting authorization
under Section 401 of the Clean Water Act Also by copy of this letter, I am asking Ms Marla Chambers,

Parkway Fire & Rescue Stream Restoration Page 3 January 19, 2015
Western NCDOT Review Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC)
to comment directly to you concerning the 404 Nationwide Permit request
If you have any questions or need additional information, please contact me at (828) 284 -9818 We
appreciate your consideration of this request
Sincerely,
1
Jonathan Hartsell
Executive Director
Enclosures
cc Ms Jennifer Burdette, DWR, DENR, Raleigh Office
Ms Marla Chambers, Western DOT Review Coordinator, NCWRC, Albemarle, NC

TVA RESTRICTED INFORMATION
JOINT APPLICATION FORM OMB Exp Daatt 3316-0060
e 08/31/2016
Department of the Army /TVA
The Department of the Army (DA) permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean
Water Act (P L 95 -217) These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the
discharge of dredged or fill material into waters of the United States Section 26a of the Tennessee Valley Authority Act, as amended, prohibits the
construction, operation, or maintenance of any structure affecting navigation, flood control, or public lands or reservations across, along, or in the
Tennessee River or any of its tributaries until plans for such construction, operation, and maintenance have been submitted to and approved by the
Tennessee Valley Authority (TVA)
Name and Mailing Address of Applicant
Name, Mailing Address, and Title of Authorized Agent
Blue Ridge Resource Conservation & Development Council, Inc
26 Crimson Laurel Circle, Suite 2
Bakersville, NC 28705
Attn Jonathan Hartsell, Executive Director
Email Address lhartsell @blueridgercd org
Email Address
Telephone Number Home
Telephone Number Home
Office 828 - 284 -9818
Office
Mobile
Mobile
Facilely /Actavity Location (include all known information)
Address 12966 N Carolina 226, Spruce Pine, NC 28777
Subdivision, Lot No, and /or Tax Parcel No 0798 -00 -49 -3831
Stream Name and Mile NC 226 over Grassy Creek
Longitude /Latitude 35 882231 N, -82 057432 W
Application submitted to ❑ DA ® TVA
Date activity is proposed to commence 4/15/15
Date activity is proposed to be completed 8/1/15
Describe in detail the proposed activity, its purpose and intended use (private, public, commercial, or other) Describe structures to be
erected including those placed on fills, piles, or floating platforms Also describe the type, composition, and quantity of materials to be
discharged or placed in the water, the means of conveyance, and the source of discharge or fill material Please attach additional sheets if
needed
The Blue Ridge Resource Conservation & Development Council, Inc (BRRCD) proposes to restore a portion of stream in the North Toe
Watershed in Mitchell County, NC The purpose of the project is to improve water quality and stability in an eroding stream by installing a
-hook and vegetating the streambanks There will be no permanent impacts to the stream channel The construction will result in a total of
60 feet of temporary impacts during streambank stabilization and require the use of 60 tons of 36" stone per ) -hook rock vane
Application is hereby made for approval of the activities described herein I certify that I am familiar with the information contained in this
application, and that to the best of my knowledge and belief such information is true, complete, and accurate I further certify that
I possess the authority to undertake the proposed activities I understand that TVA and the U S Army Corps of Engineers may contact an
Authorized Agent listed above and such Agent may act on my behalf on all aspects of this application I agree that, rf this application is
approved by TVA, I will comply with the terms and conditions and any special conditions that may be imposed by TVA Please
note the U S Army Corps of Engineers may impose additional conditions or reE F
1/19/15 Jonathan Hartsell` "r�
Date Name of Applicant (Printed) Signature of Applicant
18 U S C Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall be fined
not more than $10,000 or imprisoned not more than five years, or both The appropriate DA fee will be assessed when a permit is issued
Names, addresses, and telephone numbers of adjoining property owners, lessees, etc , whose properties also join the waterway
Sheet is attached
TVA 17423 [08 -26 -2013] Page 1 of 3
TVA RESTRICTED INFORMATION

TVA RESTRICTED INFORMATION
List of previous DA/TVA permits /approvals ❑ DA ❑ TVA
Permit Number Date
Previous Property Owner (if known)
Is any portion of the activity for which authorization Is sought now complete? ❑ Yes ® No (If "Yes" attach explanation)
Month and year the activity was completed Indicate the existing work on the drawings
List all approvals or certifications required by other federal, Interstate, state, or local agencies for any structures, construction, discharges,
deposits, or other activities described In this application
Issuing Agency
Type Approval
Identification No
Date of Application
Date of Approval
US Army Corps of Engineers
404 - Nationwide Permit
No 27
Eastern Regulatory Field Office
January 19, 2015
Pending
North Carolina Division of Water
Resources - DENR
401 General Water
Certification 3885
The Plaza, Suite 130
January 19, 2015
Pending
Lenoir City, Tennessee 37771
1590 Adamson Parkway
Chattanooga, Tennessee 37402 -2801
Morristown, Tennessee 37813 -1270
(865) 986 -7296
Morrow Georgia 30260 -1763
1- 800 - 882 -5263
1- 800 - 882 -5263
(678) 422 -2729
U S Army Corps of Engineers
Tennessee Valley Authority
Tennessee Valley Authority
Regulatory Branch
U S Army Corps of Engineers
Gray Regional Office
Murphy Regional Office
Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein?
❑ Yes ® No (If "Yes" attach explanation)
Project plans or drawings, on paper suitable for reproduction no larger than 11 x 17 Inches or In electronic format (dxf, docx, or pdf), must
accompany the application Submit the application to the appropriate TVA and U S Army Corps of Engineers offices An application that
Is not complete will be returned for additional Information
U S A C E Offices
TVA Offices
U S Army Corps of Engineers
U S Army Corps of Engineers
Tennessee Valley Authority
Tennessee Valley Authority
Eastern Regulatory Field Office
Savannah District
Chattanooga Regional Office
Morristown Regional Office
501 Adesa Parkway Suite 250
The Plaza, Suite 130
1101 Market Street PSC 1 E -C
3726 E Morns Boulevard
Lenoir City, Tennessee 37771
1590 Adamson Parkway
Chattanooga, Tennessee 37402 -2801
Morristown, Tennessee 37813 -1270
(865) 986 -7296
Morrow Georgia 30260 -1763
1- 800 - 882 -5263
1- 800 - 882 -5263
(678) 422 -2729
U S Army Corps of Engineers
Tennessee Valley Authority
Tennessee Valley Authority
Regulatory Branch
U S Army Corps of Engineers
Gray Regional Office
Murphy Regional Office
3701 Bell Road
Western Regulatory Field Office
106 Tri- Cities Business Park Drive
4800 US Highway 64 West Suite 102
Nashville, Tennessee 37214
2042 Beltline Road, SW, Bldg C, Suite 415
Gray, Tennessee 37615
Murphy, North Carolina 28906
(615) 369 -7500
Decatur, Alabama 35602
1 -800- 882 -5263
1- 800 - 882 -5263
(256)350 -5620
U S Army Corps of Engineers
Tennessee Valley Authority
Tennessee Valley Authority
Norfolk District
U S Army Corps of Engineers
Guntersville Regional Office
Muscle Shoals Regional Office
P O Box 338
Asheville Regulatory Field Office
3696 Alabama Highway 69, CAB 1A -GVA
Post Office Box 1010, MPB 1 H
Abingdon Virginia 24212
151 Patton Avenue, Room 208
Guntersville, Alabama 35976 -7196
Muscle Shoals, Alabama 35662 -1010
(276) 623 -5259
Asheville, North Carolina 28801 -5006
1- 800 - 882 -5263
1- 800 - 882 -5263
(828) 271 -4856
Tennessee Valley Authority
Tennessee Valley Authority
Lenoir City Regional Office
Paris Regional Office
260 Interchange Park Drive, LCB 1A -LCT
2835 -A East Wood Street
Lenoir City, Tennessee 37772 -5664
Paris, Tennessee 38242 -5948
1- 800 - 882 -5263
1- 800 - 882 -5263
Privacy Act Statement
This information is being requested in accordance with Section 26a of the TVA Act as cited on the front page of this form Disclosure of the information
requested is voluntary, however, failure to provide any required information or documents may result in a delay in processing your application or in your
being denied a Section 26a permit An application that is not complete will be returned for additional information TVA uses this information to assess the
impact of the proposed project on TVA programs and the environment and to determine if the protect can be approved Information in the application is
made a matter of public record through issuance of a public notice if warranted Routine uses of this information include providing to federal, state, or local
agencies, and to consultants, contractors, etc , for use in program evaluations, studies, or other matters involving support services to the program, to
respond to a congressional inquiry concerning the application or Section 26a program, and for oversight or similar purposes, corrective action, litigation or
law enforcement
Burden Estimate Statement
Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Agency Clearance
Officer, Tennessee Valley Authority 1101 Market Street, Chattanooga, Tennessee 37402, and to the Office of Management and Budget, Paperwork
TVA 17423 [08 -26 -2013] Page 2 of 3
TVA RESTRICTED INFORMATION

TVA RESTRICTED INFORMATION
Reduction Protect (3316- 0060), Washington, D C 20503
TVA 17423 [08 -26 -2013] Page 3 of 3
TVA RESTRICTED INFORMATION

Property Owners
Parkway Fire & Rescue on NC 226 over Grassy Creek
Mitchell County
Name and Address
Haberneck, Laura & William V A
461 Dale Road
Spruce Pine, NC 28777
Pittman, Roger L & Dean
973 Carters Ridge Road
Spruce Pine, NC 28777
McKinney, Bruce L & Shirley P
12923 S Hwy 226
Spruce Pine, NC 28777
Grassy Creek Baptist Church
793 Old NC 226
Spruce Pine, NC 28777
Biddix, Daniel Ray & Sue Boyd
201 Parkwood Hill
Spruce Pine, NC 28777

TVA RESTRICTED INFORMATION
OMB No 3316 -0060
Exp Da[e08J31J2016
j Section 26a Permit and Land Use Application
®
Applicant Disclosure Form
By signing the Joint Application Form (Department of ArmyfTVA) or TVA's Land Use Application and again below, you agree to disclose
any business, political, or financial interest that may present an actual or potential conflict of interest with TVA If a new significant
business, political, or financial interest is obtained during the period of the time that the application is under review, you agree to file an
additional disclosure
Disclose if any of the following apply to you (check all that apply Q) I am
❑ An elected government official
❑ A policy making level employee of an entity that regulates TVA or its activities
❑ A management level employee of a power customer of TVA
❑ A TVA Director
❑ A TVA employee
❑ An immediate family member of one of the above
❑ A representative of a corporation or entity submitting an application and one of the above applies to me Print entity or corporation
name, and identify which of the above applies to you
❑ A representative of a corporation or entity submitting an application and the corporation or entity has partners, investors, or senior
management that are one of the above Print entity or corporation name, and identify the partner(s), investor(s), or senior manager(s)
and which of the above applies
® None of the above
Do you have any other business or personal relationships not covered in your answers above that could appear to be a conflict of interest?
(check one) Yes ❑ No 0 If yes, provide more detail here
By signing this form, you consent to this Applicant Disclosure Form being made available to the public in response to an appropriate
request, including, without limitation, a request made under the Freedom of Information Act
Please sign and return this form with your application package Your application cannot be processed without receipt of this
signed form
Jonathan Hartsell ��`�J�, -�( 1/19/15
Name of applicant (Printed) Signature of Applicant
Date
All applications and communications that occur as part of the application process may be made public to the extent permitted by applicable
law, including the Freedom of Information Act and the Privacy Act, and could be reviewed formally by the Office of Inspector General (OIG)
All written correspondence regarding your request may be forwarded to the TVA Chief Ethics and Compliance Officer (CECO) and the OIG,
and all oral communication between TVA and the applicant regarding this request maybe documented and maintained by TVA Inquiries
concerning your application from any person who falls into one of the categories described above will be disclosed to the CECO and OIG
Privacy Act Statement
This information is being requested in accordance with Sections 4(k), 15d, 26a, and/or 31 of the TVA Act, 40 U S C § 1314, 30 U S C § 185, 16 U S C
§ 667b and /or 40 U S C § 483 Disclosure of the information requested is voluntary, however, failure to provide any required information or documents
may result in a delay in processing your application or in your application being denied An application that is not complete will be returned for additional
information TVA uses this information to assess the impact of the proposed protect on TVA programs and the environment and to determine if the
project can be approved Information in the application is made a matter of public record through issuance of a public notice if warranted Routine uses
of this information include providing to federal, state, or local agencies, and to consultants, contractors, etc , for use in program evaluations, studies, or
other matters involving support services to the program, to respond to a congressional inquiry concerning the application or the applicable program, and
for oversight or similar purposes, corrective action, litigation, or law enforcement
TVA 17423A [08 -28 -2013] TVA RESTRICTED INFORMATION

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Date
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September 2014
Stream Restoration
Scale
Catena
Grassy Creek
o 250 soo Feet
Group
P
ite Location Map
Job No.:
Mitchell County, North Carolina
1184

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Site Location Map
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Mitchell County, North Carolina
Job No.:
1184

Photo 1 — Looking upstream
Photo 2 — Looking downstream

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Photo 4 — Looking toward LDB

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