20231078 Ver 1_401 Application_20230730

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
1a. Name of project:
HIDDEN RIVER COMMON AREA BANK STABLIZATION PROJECT
la. Who is the Primary Contact?
Victoria Ewing Ware
1 b. Primary Contact Email: 1c. Primary Contact Phone:
[e-mail] [phone]
Site Coordinates
Latitude: Longitude:
35.068333-83.871944
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
6/29/2023
Is this project connected with ARPA funding?"
Yes No
County (or Counties) where the project is located:
Clay
Nearest Body of Water
Is this a NCDMS Project"
O Yes OO No
Is this project a public transportation project?
O Yes OO No
1 a. Type(s) of approval sought from the Corps:
— Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?"
Yes
O No
Please provide the date of the previous submission."
6/22/2023
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):

1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?
O Yes j) No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes OO No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes i No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an AgentlConsultant forthis project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
HIDDEN RIVER POA INC
2b. Deed book and page no.:
Date: 2/13/2012 Book: 00364 Page: 0241 Plat Book: 5Page: 26
2c. Contact Person:
Victoria Ewing Ware, Treasurer
2d.Address
Street Address
PO BOX 808
Address Line 2
City
Hayesville
Postal /Zip Code
28904
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Hidden River Subdivision
1c. Nearest municipality/town:
Hayesville NC
2. Project Identification
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
2a. Property Identification Number: 2b. Property size:
554100257461 1.21
Yes ) No
Yes ) No

2c. Project Address
Street Address
Lot 1 Phase 1 Hidden River Subdivision
Address Line 2
(Subdivision Gate is located at 1485 Lance Cove Rd, Hayesville NC)
City State / Province / Region
Hayesville NC
Postal /Zip Code Country
28904 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hiwassee River
3b. Water Resources Classification of nearest receiving water:"
WS-I V
3d. Please provide the 12-digit HUC in which the project is located.
060200020203
3c. What river basin(s) is your project located in?"
Hiwassee
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:"
Property is a common area recreational lot for use of owners of properties in the Hidden River Subdivision.The area has approximately 100 linear feet of frontage on the Hiwassee River,
with a pavilion, fire ring, grills,kayak rack, parking area, and undeveloped woodland. In —2011/2012, the developer installed terraces andsteps from the lawn area to the river. These have
severely eroded over the 11-12 years due to rain and thereleases from Lake Chatuge.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
O Yes O No OO Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
—100 feet on Hiwassee River. Passmore Branch, located on the Anderson River Farm LLC property,
runs along the east property line and enters the Hiwassee River at the edge of Hidden River common
area lot.
4h. Explain the purpose of the proposed project:"
Restore and stabilize — 80 feet of the river bank on the common property, and provide safe access for recreational use and benefit of the property owners, residents and guests.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
Using a Bobcat or front loader and working primarily from the top side of the riverbank, install four (4) loads of Class B stone, one (1) load of surge stone and three (3) loads of fill dirt to
approximately 80 liner feet of the property top down to the riverbank. Materials will be spread with the front loader from the land. Approximately twenty (20) steps of width 48 inches will be
set into the bank at an angle to provide controlled access to the river for recreational purposes (e.g., fishing, kayaking, tubing, wading). No equipment will enter the river and material
placement will not exceed an average of 1 cubic yard per running foot. Stabilization fabric will be set in place to assist stabilization of the bank. Work will be completed during periods when
the TVA is not releasing from Lake Chatuge. After the appropriate rest time, native plantings will be added with guidance and assistance from MountainTrue.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No OO Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?"
Yes No

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters a Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project is designed to mitigate the damage caused by erosion since 2011 and to stabilize the river bank going forward. The project design includes
steps which will provide controlled access to the river for recreational purposes. Fill materials will be natural substances and native plantings will be
added.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Work will be taken when water is no being released from Lake Chatuge. Work will be done primarily from the upper riverbank wall, and no equipment will
enter the river. Any work from the river will be manual. Materials will not exceed on average of one (1) cubic yard per running foot.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project scope of —80 feet of riverbank has been reviewed by the USFWS Asheville . Please see attached email "USFWS EMAIL 20230621 Bank Stabilization on the Hiawassee" advising
"no effect".
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Area is not located in the NC Riparian Buffer Zone.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes OO No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes OO No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
C Yes No
C N/A - project disturbs < 1 acre
Comments:
Project does not include any building, involves less than 1 acre, does not change the land use, and will not result in creation of storm water run-off.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes OO No c N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
O0 Yes O No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?"
Yes No
5e. Is this a DOT project located within Division's 1-8?
v Yes v No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
O Yes O No
5g. Does this project involve bridge maintenance or removal?
O Yes OO No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
O Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
v Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
Contacted USFWS Asheville office. Please see attachment 9 - email "USFWS EMAIL20230621 Bank Stabilization on the Hiawassee" advising "no
effect".
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?"
Yes O No
Are there submerged aquatic vegetation (SAV) around the project vicinity?"
O Yes No
Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
Contacted USFWS Asheville office. Please see attachment 9 - email "USFWS EMAIL20230621 Bank Stabilization on the Hiawassee" advising "no
effect".
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?"
Yes OO No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
https://nc. maps. arcg is. com/apps/webappv iewer/index. html?id=79ea671 ebdcc45639fO860257d5f5ed7
(See attachment 11 -ref HPOWEB Map)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
OO Yes O No
8b. Ifyes, explain how project meets FEMA requirements:
Project will not encroach. Floodway Areas in Zone AE: "The foodway is the channel of astream plus any adjacent floodplain areas that must be free of
encroachment so that thel % annual chance flood can be carried without substantial increases in flood heights.".

8c. What source(s) did you use to make the flood plain determination?"
https://msc.fema.gov/portaI/search#searchresuItsanchor
See attachment 12: FEMA 3700554100J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachment 20230730.pdf 1.32MB
File must be PDF or KMZ
Comments
See Attachment 13 - PreFile Meeting Request Receipt
Signature
0 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief', and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• have given true, accurate, and complete information on this form;
• agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"),
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"),
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature, AND
• I intend to electronically sign and submit the PCN form.
Full Name:"
Victoria Ewing Ware
Signature
1s�xerjr ��
Date
7/30/2023