20060469 Ver 1_401 Application_20060322

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MAC 2 2 2006 ._ :~
Office Use Only: UENR-WATEi?C1~ALiTY
1~fETiANDSAND STOi~6WATER BRANGN Form Version March OS
USACE Action ID No. ~ DWQ No. ~ ~ o ~ 0 4 G 9
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~_. auy yai ~i~uiai ucitt i~ iw~ app11C$Dle LO LIllS protect, please enter "Not Applicable" or "N/A".)
I:
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: ~ ~"' ~~
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
Applicant Information
~~ ~_ ., _.
. _.
1. Owner/Applicant Information
Name: Tim Plowman
Mailing Address: 550 Vance Street Waynesville, NC 28786
Telephone Number: 828-456-2034 Fax Number:
E-mail Address: Tim Plowman ~wrcnro ams(a~charter netl
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
Page 2 of 10

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
.landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Richland Creek Canoe Access
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax P1N):1210
4. Location tt ~
County: H~rson ,c~,~~~ ~ Nearest Town: Waynesville
Subdivision name (include phase/lot number):N/A
Directions to site (include road numbers/names, landmarks, etc.): Located behind Whitewater
of Waynesville (Waynesville Industrial Park) - 100' downstream of confluence of Raccoon
Creek with Richland Creek.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35*30'S4.46" °N 82*58' 10.62" °W
6. Property size (acres):200 sq. ft (9' x 22')
7. Name of nearest receiving body of water: Richland Creek
8. River Basin: French Broad River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Located adjacent to disturbed flood plain -gravel parking
Updated 1 t/1/2005
Page 3 of 10

area. Local disturbance to area with riparian. Bank height approx. 2' vertical -moderate
erosion -riparian buffer 5' with mature trees (sycamores).
10. Describe the overall project in detail, including the type of equipment to be used: Sloping of
bank to approx 5:1 ration using heavy use machinery (back hoe). Placing of 3' stone on area,
6" geotextile on stone, 4" terracell material and filled in with 6" gravel. Stabalization of area
around launch with native vegetation. Will replace any vegeatation that may be removed
during construction. Will enhance riparian, stabilize area and provide recreational access.
Work will be carried out by Leslie Smathers and Haywood SWCD. Restoration + Recreation
11. Explain the purpose of the proposed work: This is to provide recreational opportunities to
Richland Creek for WNC for access to creek. Will be a part of greenway project in the area
- will provide educational opportunities to teach public about water quality, recreation and
watershed management/improvements. Restoration + Recreation
i
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Project will be completed by Haywood County SWCD_
V. 1 Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Future nroiect inclurlec _ „„„a„,o,l +..;t, ,._______ _ ,.... _ _
VL !Proposed Impacts to Waters of the United States/Waters of the State
Updated 11/t/2005
Page 4 of 10

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Construction runoff and sediments to
stream -proper BMP methods will be used in order to minimize impact. Will be extremely
temporary disturbance completed in the dry . This is type of BMP restoration and recreation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding
Wetland Impact Type of Wetland
Site Number Type of Impact (e.g., forested, marsh,
(indicate on map) herbaceous, bog, etc.)
Total Wetland Impact (acres)
Located within Distance to Area of
100-yeaz Neazest Impact
Floodplain Stream (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0,
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea e multi 1 1 h X
Stream Impact en width, then divtde b 43,560.
Number
Stream Name Perennial or Average
Type of Impact Stream Width Impact Area of

ndicate on ma)
Intermittent? Length Impact

1 Richland C
k Before Im act lineaz feet) acres)
ree excavation intermittent 50'
'
9 .004
Updated 11/1/2005
Page 5 of 10

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred in , floodin ,drains e, bulkheads, etc.
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of
indicate on ma (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc.l (arrs+cl
Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres):
Wetland Im act (acres): -
O en Water Im act (acres):
Total Im act to Waters of the U.S. (acres)
Total Stream Impact (linear faatl•
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Updated 11/1/2005
Page 6 of 10

Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Removal of spoil material
from excavation, erosion control around stockpiles of material, use BMP to insure to sediment
enters the creek, follow engineered plans provided by the SWCD, riparian enhancement and
stabilization. Eroding bank ofproject area will be stabilized reducing sediment to system.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
httb://h2o.enr.state.nc.us/ncwetlands/strm i~P html
1. Provide a brief description of the proposed mitigation plan. The description should
as much information as possible, including, but not limited to: site location (attach dire t ons
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
i description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
UPdated I l!1/2005
Page 7 of 10

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicat'
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state nc us/wrn/index htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount ofNon-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? if so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X• Proposed Impacts on Riparian and Watershed Buffers (required by DW
Q)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
!required state and local buffers associated with the project. The applicant must also rovide
justification for these impacts in Section VII above. All proposed impacts must be listed herein
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Updated 11/1/2005
Page 8 of 10

2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes (] No
2. If "yes", identify the square feet and acreage of impact to each zone of the ri arian buffe
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Re uired
s ware feet Multiplier q
1 Miti ation
3 (2 for Catawba)
2
1.5
~; Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stonnwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. '.Cumulative Impacts (required by DWQ)
Updated 11!1/2005
Page 9 of 10

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water ualit
httn://h2o.enr.state nc us/ncwetlands. If no, please provide a short narrativeedes ription: ebsite at
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
.~ r
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 10 of 10

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TENNESSEE VALLEY AUTHORITY
~ Section 26a Approval /Denial
Applicant Name Tim Plowman RLR No. 171539
Reservoir Off Subdivision
Tract No. N/A Map No. 183 SW Lot No(s).
River/Stream Mile Richland Creek / 4.1 Category ^ 1 ^ 2 ® 3
This application has been reviewed. The blocks checked below indicate the status of your request.
® The facilities and/or activities listed below are APPROVED subject to the general and special conditions
'attached.
1. _ Canoe launching ramp 22 x 10
2.
3.
4.
5.
6.
7.
8.
^ The facilities and/or activities listed below are DENIED.
1.
2.
^ This permit SUPERSEDES the following previous TVA approval(s).
permit issued for
permit issued for
permit issued _ for
permit issued for
TVA Representative _ Chris Cooper Approval Date 28 February 2006
® Requires review by U.S. Army Corps of Engineers (USAGE). Plans have been forwarded to the USAGE.
No construction shall commence until you have written approval or verification that no permit is
required.
^ ARAP (For Tennessee locations, a copy of the permit has been sent to the Tennessee Department of
Environment and Conservation .
TVA 17224. [2-1999]

RLR No. 171539
GENERAL AND STANDARD CONDITIONS
Section 26a and Land Use
General Conditions
1. You agree to make every reasonable effort to construct and operate the facility authorized herein in a manner so as to minimize
any adverse impact on water quality, aquatic life, wildlife, vegetation, and natural environmental values.
2. This permit may be revoked by TVA by written notice if:
a) the structure is not completed in accordance with approved plans;
b) if in TVA's judgment the structure is not maintained as provided herein;
c) the structure is abandoned;
d) the structure or work must be altered to meet the requirements of future reservoir management operations of the United
States or TVA, or:
e) TVA finds that the structure has an adverse effect upon navigation, flood control, or public lands or reservations.
3. If this permit for this structure is revoked, you agree to remove the structure, at your expense, upon written notice from TVA. In
the event you do not remove the structure within 30 days of written notice to do so, TVA shall have the right to remove or cause
to have removed, the structure or any part thereof. You agree to reimburse TVA for all costs incurred in connection with
removal.
4. '~ In issuing this Approval of Plans, TVA makes no representations that the structures or work authorized or property used
'temporarily or permanently in connection therewith will not be subject to damage due to future operations undertaken by the
United States and/or TVA for the conservation or improvement of navigation, for the control of floods, or for other purposes, or
'due to fluctuations in elevations of the water surface of the river or reservoir, and no claim or right to compensation shall accrue
from any such damage. By the acceptance of this approval, applicant covenants and agrees to make no claim against TVA or
the United States by reason of any such damage, and to indemnify and save harmless TVA and the United States from any
-and all claims by other persons arising out of any such damage.
5. In issuing this Approval of Plans, TVA assumes no liability and undertakes no obligation or duty (in tort, contract, strict liability
or otherwise) to the applicant or to any third party for any damages to property (real or personal) or personal injuries (including
death) arising out of or in any way connected with applicant's construction, operation, or maintenance of the facility which is the
subject of this Approval of Plans.
6. This approval shall not be construed to be a substitute for the requirements of any federal, state, or local statute, regulation,
ordinance, or code, including, but not limited to, applicable electrical building codes, now in effect or hereafter enacted.
7. The facility will not be altered, or modified, unless TVA's written approval has been obtained prior to commencing work.
8. You agree to notify TVA of any transfer of ownership of the approved structure to a third party. Third party is required to make
application to TVA for permitting of the structure in their name.
9. You agree to stabilize all disturbed areas within 30 days of completion of the work authorized. All land-disturbing activities shall
be conducted in accordance with Best Management Practices as defined by Section 208 of the Clean Water Act to control
erosion and sedimentation to prevent adverse water quality and related aquatic impacts. Such practices shall be consistent
with sound engiheering and construction principles; applicable federal, state, and local statutes, regulations, or ordinances;
and proven techniques for controlling erosion and sedimentation, including any required conditions.
10. You agree not to use or permit the use of the premises, facilities, or structures for any purposes that will result in draining or
dumping into the reservoir of any refuse, sewage, or other material in violation of applicable standards or requirements relating
to pollution control of any kind now in effect or hereinafter established.
11. The facility will be maintained in a good state of repair and in good, safe, and substantial condition. If the facility is damaged,
destroyed, or removed from the reservoir or stream for any reason, or deteriorates beyond safe and serviceable use, it cannot
be repaired or replaced without the prior written approval of TVA.
12. You agree that if any historical or prehistoric archaeological material (such as arrowheads, broken pottery, bone or similar
items) is encountered during construction of this facility you will immediately contact this office and temporarily suspend work at
that location until authorized by this office to proceed.
13. The Native American Graves Protection and Repatriation Act and the Archaeological Resources Protection Act apply to
archaeological resources located on the premises. If LESSEE {or licensee or grantee (for easement) or applicant (for 26a
permit on federal land)} discovers human remains, funerary objects, sacred objects, objects of cultural patrimony, or any other
archaeological resources on or under the premises, LESSEE {or licensee, grantee, or applicant} shall immediately stop activity
in the area of the discovery, make a reasonable effort to protect the items, and notify TVA by telephone (phone _). Work
may not be resumed in the area of the discovery until approved by TVA.
TVA 17416 [5-2005] Page 1 of 4

RLR No. 171539
14. On TVA land, unless otherwise stated on this permit, vegetation removal is prohibited.
15. You agree to securely anchor all floating facilities to prevent them from floating free during major floods.
16. You are responsible for accurately locating your facility, and this authorization is valid and effective only if your facility is located
as shown on your application or as otherwise approved by TVA in this permit. The facility must be located on land owned or
leased by you, or on TVA land at a location approved by TVA.
17, It is understood that you own adequate property rights at this location. If at any time it is determined that you do not own
sufficient property rights, or that you have only partial ownership rights in the land at this location, this permit may be revoked if
TVA receives an objection to your water use facility from any owner or partial owner of the property rights at this location.
Standard Conditions: (Items that pertain to your request have been checked.)
1. Structures and Facilities
a) ^ TVA number has been assigned to your facility. When construction is complete, this number shall be placed on
a readily visible part of the outside of the facility in the numbers not less than three inches high.
b) ^ The 100-year flood elevation at this site is estimated to be -feet mean sea level. As a minimum, your fixed
facility should be designed to prevent damage to stored boats by forcing them against roof during a 100-year flood event.
c) ^ You agree that the float will be temporarily connected (i.e., by slip pin/ropes) and not permanently attached to
nonnavigable houseboat.
d) ^ You agree that this shall have no side enclosures except wire mesh or similar screening.
e) ^ Buildings or other enclosed structures containing sleeping or living accommodations, including toilets and related
j facilities, or that have enclosed floor area in excess of 32 square feet, are prohibited.
f) ^ Ski jumps will not be left unattended for extended periods of time. All facilities will be tied to the shoreline or to a
boathouse or pier fronting your property at the completion of each day's activities.
g) ^ For all electrical services permitted, a disconnect must be located at or above the -foot contour that is accessible
during flooding.
h) ^ You should contact your local government official(s) to ensure that this facility complies with all applicable local
floodplain regulations.
i) ^ The entire closed-loop coil heating and air conditioning system and its support apparatus must be either placed below
elevation (to provide afive-foot clearance for water craft at minimum pool elevations of _) or located
underneath a TVA approved water-use facility or other TVA approved structure. The supply and return lines must be
buried as they cross the reservoir drawdown zone in areas of water depth less than five feet (minimum pool). The liquid
contents of the closed-loop heating and air conditioning system must be propylene glycol or water, and the applicant or
authorized agent must provide TVA with written verification of this fact.
j) ^ You agree that only those facilities which have been approved by TVA prior to construction will be placed within the
harbor limits and that permanent mooring buoys, boat slips, or other harbor facilities will not be placed outside the harbor
limits.
k) ^ You agree that all storage, piping, and dispensing of liquid fuel shall comply with applicable requirements of the
"Flammable and Combustible Liquids" section of the National Fire Codes and any additional requirements of federal, state,
and local laws and regulations.
I) ^ You agree that the facility hereby approved will be used for and for no other purpose unless approved in
writing from TVA.
m) ®You agree that if the construction project covered by this permit is not initiated within (18) months after the date of
issuance, this permit will then automatically expire and you must submit a new 26a permit application for TVA approval
with the applicable fee.
TVA 17416 [5-2005] Page 2 of 4

RLR No. 171539
2. Ownership. Rights
a) n^ot to disturb oralter thehex sting locafion tof the m foot contourrelevationtthrough ether excavapon or placement of fien
b) ^ You are advised that NA retains the right to flood this area and that TVA will not be liable for damages resulting from
flooding.
c) ^ You shall notify TVA of any sale or transfer of land, which would affect the landward limits of harbor area, as far in
advance of such sale or transfer as possible.
d) ^ This approval of plans is only a determination that these harbor limits will not have any unacceptable effect on TVA
programs or other interests for which TVA has responsibility. Such approval does not profess or intend to give the
applicant exclusive control over the use of navigable waters involved.
e) ^ You recognize and understand that this authorization conveys no property rights, grants no exclusive license, and in no
way restricts the general public's privilege of using shoreland owned by or subiect to public access rights owned by TVA. It
is also subject to any existing rights of third parties. Nothing contained in this approval shall be construed to detract or
deviate from the rights of the United States and TVA held over this land under the Grant of Flowage Easement. This
Approval of Plans does not give any property rights in real estate or material and does not authorize any injury to private
property or invasion of private or public rights. It merely constitutes a finding that the facility, if constructed at the location
'~ specified in the plans submitted and in accordance with said plans, would not at this time constitute an obstruction unduly
affecting navigation, flood control, or public lands or reservations.
3. Shoreline Modification and Stabilization
a) ^ For purposes of shoreline bank stabilization, all portions will be constructed or placed, on average, no more than two
feet from the existing shoreline at normal summer pool elevation.
b) ^ You agree that spoil material will be disposed of and contained on land lying and being above the -foot contour.
Every precaution will be made to prevent the reentry of the spoil material into the reservoir.
c) ®Bank, shoreline, and floodplain stabilization will be permanently maintained in order to prevent erosion, protect water
quality, and preserve aquatic habitat.
d) ^ You agree to reimburse TVA $ ,which is the current value of the acre feet of power storage volume
displaced by fill into the reservoir.
4. Water Intake
a) ^ If the reservoir falls below the elevation of the intake, the applicant will be responsible for finding another source of raw
water.
b) ^ You must install and maintain a standard regulatory hazard buoy at the end of the intake to warn boaters of the
underwater obstruction. The word "intake" should be added to the buoy and be attached using afive-foot cable.
c) ^ The screen openings on the intake strainer must be 1/8-inch (maximum), to minimize the entrapment of small fish.
d) ^ This approval does not constitute approval of the adequacy or safety of applicant's water system. TVA does not
warrant that the water withdrawn and used by applicant is safe for drinking or any other purpose, and applicant is solely
responsible for ensuring that all water is properly treated before using.
5. Bridges and Culverts
a} ^ You agree to design/construct any instream piers in such a manner as to discourage river scouring or sediment
deposition.
b) ^ Applicant agrees to construct culvert in phases, employing adequate streambank protection measures, such that the
diverted streamflow is handled without creating streambank or streambed erosion/sedimentation and without preventing
fish passage.
c) ^ Concrete box culverts and pipe culverts (and their extensions) must create/maintain velocities and flow patterns which
offer refuge for fish and other aquatic life, and allow passage of indigenous fish species, under all flow conditions. Culvert
floor slabs and pipe bottoms must be buried below streambed elevation, and filled with naturally occurring streambed
materials. If geologic conditions do not allow burying the floor, it must be otherwise designed to allow passage of
indigenous fish species under all flow conditions.
TVA 17416 [5-2005) Page 3 of 4

RLR No. 171539
d) ^ All natural stream values (including equivalent energy dissipation, elevations, and velocities; riparian vegetation;
riffle/pool sequencing; habitat suitable for fish and other aquatic life) must be provided at all stream modification sites. This
must be accomplished using a combination of rock and bioengineenng, and is not accomplished using solid, homogeneous
riprap from bank to bank.
e) ^You agree to remove demolition and construction by-products from the site--for recycling if practicable, or proper
disposal--outside of the 100-year floodplain. Appropriate BMPs will be used during the removal of any abandoned
roadway or structures.
6. Best Management Practices
a) ®You agree that removal of vegetation will be minimized, particularly any woody vegetation providing
shoreline/streambank stabilization.
',, b) ^You agree to installation of cofferdams and/or silt control structures between construction areas and surface waters
prior to any soil-disturbing construction activity, and clarification of all water that accumulates behind these devices to meet
state water quality criteria at the stream mile where activity occurs before it is returned to the unaffected portion of the
stream. Cofferdams must be used wherever construction activity is at or below water elevation.
c) ^ A floating silt screen extending from the surface to the bottom is to be in place during excavation or dredging to prevent
sedimentation in surrounding areas. It is to be left in place until disturbed sediments are visibly settled.
d) ^You agree to keep equipment out of the reservoir or stream and off reservoir or stream banks, to the extent practicable
(i.e., performing work "in the dry").
e) ^You agree to avoid contact of wet concrete with the stream or reservoir, and avoid disposing of concrete washings, or
other substances or materials, in those waters.
f) ®You agree to use erosion control structures around any material stockpile areas.
g) ®You agree to apply clean/shaken riprap or shot rock (where needed at water/bank interface) over a water
permeable/soil impermeable fabric or geotextile and in such a manner as to avoid stream sedimentation or disturbance, or
that any rock used for cover and stabilization shall be large enough to prevent washout and provide good aquatic habitat.
h) ®You agree to remove, redistribute, and stabilize (with vegetation) all sediment which accumulates behind cofferdams or
silt control structures.
i) ®You agree to use vegetation (versus riprap) wherever practicable and sustainable to stabilize streambanks, shorelines,
and adjacent areas. These areas will be stabilized as soon as practicable, using either an appropriate seed mixture that
includes an annual (quick cover) as well as one or two perennial legumes and one or two perennial grasses, or sod. In
winter or summer, this will require initial planting of a quick cover annual only, to be followed by subsequent establishment
of the perennials. Seed and soil will be protected as appropriate with erosion control netting and/or mulch and provided
adequate moisture. streambank and shoreline areas will also be permanently stabilized with native woody plants, to
include trees wherever practicable and sustainable (this vegetative prescription may be altered if dictated by geologic
conditions or landowner requirements). You also agree to install or perform additional erosion control
structures/techniques deemed necessary by TVA.
Additional Conditions
TVA 17416 [5-2005] Page 4 of 4

' OtiiB No. 3316-0060
Exp. Date Oa/3i/2006
JOINT APPLICATION FORM
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 Address of Applicant:
S'v Van cc- S~ .
Name, Address, and Title of Authorized Agent:
W~..Yn.~sv;ll~, t11C 2~~ ~~
Telephone Number: Home $a$ - r/SG - X035/ Telephone Number:
Office
oot c~ 1,~.~3~
Home
Office
Location where activity exists or will occur (include Stream Name and Mile, if known): mss...,..., ~ j ~ ~ " "`°'- -~` -" '
Application submitted to ^ DA ^ TVA
Date activity is proposed to commence: yl S A t~ Date activity is proposed to be completed: /y1 a,, ~, aoo 6
Describe in detail the proposed activity, its purpose and intended use (private, public, commercia/, 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. ^!~
eA~ D,~ j \ ..w+.~ 1, ~i`- CGc.s S ~ 0 ~, G~~ ~~^-..' G~l~ ^' 17 .,.~~ e .P
~`~ C'vr W ` /J'° J C'c.~
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 agree that, if this application is approved by TVA, I will comply with
the attached terms and conditions and any special conditions that maybe imposed by TVA at the time of approval. Please
note the U.S. Army Corps of Engineers may impose additional conditions r restrictions.
Date Signat re o/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 510,000 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:
_ __ a'-~!-C~So
l
TVA 17423 (8-2005] Page 1 of 2
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The
~`.
erraCell Solution
For many erosion control si cations, the
TerraCell Cellular Confine ent System
can be substituted for more c stly conven-
'tional systems such as ripra ,revetment
mats, and gabions. The cells in TerraCell
,confine a fill material sail, and, aggre-
gate) and protect it from bei g moved by
wind or water.
Each cell acts as a small da that allows
water or wind to pass over t e top while
holding the fill in place, thereb dissipating
erosive forces. The cell walls i hibit forma-
' tion of rills, thus preventing the erosive
process from developing. AI o, a grass
covered TerraCell slope can be mowed with
standard mowing equipment.
In areas subjected to substa ia) erosive forces (very steep slopes with heavy flows)
concrete-filled
TerraCell, is the most effectiv ,
solution. In this particular situation, TerraCell becomes an articulated
concrete mat that conforms t possible differential settlement.
Also, in cases where externa
TerraCell provides the additio weight on the slope is needed to enhance the stability of the slope,
al benefit of keeping the fi(I material in place.
and whether the use ~,,,~,•~., »~•,