20051200 Ver 1_Complete File_20050629

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Michael F. Easlcy, Govcrnor

William G. Ross Jr., Sccrctary
North Carolina Departmcnt of Environmcnt and Natural Rcsourccs

Alan W. Klimck. P.E. Director
Division ofWatcr Quality

August 22, 2005

DWQ Project # 05-1200
Swain County

Jeff Furgeson
NC Wildlife Resources Commission
Division of Engineering Services
1720 Mail Service Center
Raleigh, NC 27699-1720

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AUG 3 1 2005

Subject Property: Old 288 Boating Access Area- Ramp Land Additig~R.WATERQUALlTY
Fontana Lake WETlANDSANDSTORMWATERB~CH

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Furgeson:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.14 acres of lake and 110 linear feet of an
intermittent channel re-Iocation at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on June 29, 2005.
After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3492 (GC3492). The Certification(s)
allows you to use Nationwide Permit(s) 30 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

NiS"ithCaroJina
.lVIl/llrall!!

401 WeUands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Caro!:na 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2oenr.state.ncus/nC'Netlands

A.n Equal Opportunity/Affinnative Action Employer - 50% ReCfC:ed/10% Post Consumer Paper

NCWRC - Old 288 Boat Access
Page 2 of6
August 22, 2005

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Lake
Stream

Plan Location or Reference

Fontana Lake
Intermittent channel

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

NCWRC - Old 283 Boat Access
Page 3 of6
August 22, 2005

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401M1etlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Diffuse Flow (No Review)

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream.

7. Protective Fencing

The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.

8. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

9. No Impacts Beyond those in Application

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

NCWRC - Old 288 Boat Access
Page 4 01'6
August 22, 2005

10. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401M1etlands Unit web
site at http://h20.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.

11. Temporary Fills

All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.

12. Trout Moratorium

The stream is a Class Water Supply 3, High Quality, B Trout Waters. In order to
protect downstream uses for these waters a requirement of this Certification is
that any additional work conducted within the stream may not occur between the
dates of October 15 through April 15.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

NCWRC - Old 238 Boat Access
Page 5 of6
August 22, 2005

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

Division of Water Quality

AWKlkhb

Enclosures: GC 3402
Certificate of Completion

cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1200.Approval. Old288BoatRamp.Swain. GC3492

Triage Check List

Date: 07/07/05

Project Name: NC WRC Old 288 Boating Access
DWQ#: 05-1200
County: Swain

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 6/29/05 to 8/27/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D
D
D
D
D
D
D
D
D
D
D
D

Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
Ditching
Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
Cumulative impact concern

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

Office Use Only:

Form Version May 2002

USACE Action ID No. D'VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
D Section 404 Pennit D
D Section 10 Permit D
[8J 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Pemlit from DWQ

2. Nationwide, Regional or General Pemlit Number( s) Requested: 1982000030

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

II.

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 Cone ern (see the top of page 2 for further details), ehp ~ OW I]! ~

Applicant Information JUN Z q 20rl~

1. Owner/Applicant Information DENR. >;;'.1 /:,'; C .
Name: North Carolina Wildlife Resources CommissionWETlANDSN;DSTOi;1.!\\":,,
Mailing Address: Division of Enqineerinq Services
1720 Mail Service Center
Raleiqh. NC 27699-1720
Attn: Jeff Ferquson
Telephone Number: [phone] x296 Fax Number: [phone]
E-mail Address:ncwrcferquson(a2isP.com

.,~

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be atta'ched if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

Page 5 of 12

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 may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires infomlation 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.

I. Name of project: Old 288 Boatinq Access Area - Ramp Land addition

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Swain Nearest Town: Brvson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Bryson City iunction US19 S &
SR1323(Slope St). Travel SR1323(Slope St.) 0.2 miles turn left onto SR1321(Bryson Walk). Bryson
Walk turns into Old 288 outside city limits. Travel 1.6 miles turn left continuinq on Old 288. travel 0.8
miles to area at end of the road.

5. Site coordinates, if available (VTM or Lat/Long): N35025.7358' W83029.1535'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): -

7. Nearest body of water (stream/river/soundJocean/lake): Fontana Lake

8. River Basin: . Little Tennessee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.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 ofthis application: Existinq public boatinq access area manaoed by NC Wildlife
Resources Commission. Site consists of a sinole concrete launch ramp and parkinq for 40 vehicles.
Surroundinq property is forest owned by TVA.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: Add
approximately 22' of width adiacent to the existinq launch ramp to accommodate an 8'w. x 96'1.
accessible f10atinq dock and a second 14'w. x 340'1. launch ramp. This will require approximately
3,000cy of compacted fill to be placed below the 1710' normal full pond elevation. Side slope of fill
will be armored with fabric filter cloth and then DOT c1ass-b rip rap. Approximately 53cy of concrete
will be cast in place below the 1710 elevation for the new ramp lane. Approximately 110' of a small
unnamed tributary that runs alonq the existinq toe of slope will need to be relocated to avoid the toe
of proposed fill. Natural channel desiqn practices and materials will be used in construction of the
new channel section. Track hoe and dozer will be used for excavation. Rubber tired dump truck.
dozer. qrader and compactor will be used for qradinq. All work will be done in the dry durinq the
winter draw down of Fontana Lake.

11. Explain the purpose of the proposed work: To improve accessibility for boaters to Fontana
Lake.

III. 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 IDNumber, 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.
TVA 26a approval (RLR No. 161194) dated 9-20-2004: U.S. Armv Corps of Enqineers Reqional General Permit
#198200030 & Nationwide permit #39 (Action 10200431661 & 200431307) dated 11-8-2004.

IV. 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.
nla

V. Proposed Impacts to 'Vaters of the United States!\Vaters of the State

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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 may be
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.

Page 7 of 12

1. Provide a written description of the proposed impacts: Approximately 3,OOOcy of compacted fill
& c1ass-B rip rap, and 53cy of concrete will be placed below the normal full pond elevation.
Approximately 110LF of stream channel will need to be relocated to direct a section of a small,
unnamed tributary away from the toe of proposed fill.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact I OO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
n/a

*

List each impact separately and identify temporary impacts. 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.
100- Year floodplains are' identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

**

***

List the total acreage (estimated) of all existing wetlands on the property: n/a
Total area of wetland impact proposed: 0

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (olease specify)
1 Relocation 110 b & f UT to Tuckasegee Riverl 2' Intermittent
Fontana Lake

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at I -800-358-9616, or online at
wWW.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.topozone.com,
www.maPQuest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 110'

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)
2 Fill below NFP 0.14 Fontana Lake Lake

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. 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): D uplands D stream
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):

D wetlands
installation of

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

VI. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be 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.
All work will be performed in the dry durinq the seasonal draw down of Fontana Lake. Silt fence will be installed and
maintained alonq the toe of the fill slope. Slope will be armored with filter cloth and rip rap. The 110' section of the
intermittent stream channel will be relocated to avoid impacts from the proposed fill. There should be no increase or
reduction in the stream lenqth at this section. Slope and profile characteristics should be the same as those of the
existinq section. Natural channel desiqn practices and materials will be applied to the relocation.

VII. 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.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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 Teclmical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc.us/ncwetlands/stml gide. html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
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
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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):
Anlount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

VIII. Environmental Documentation (required by D\VQ)

Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federaVstate) land?
y es ~ No 0

Page 10 of 12

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

IX. Proposed Impacts on Riparian and \Vatershed Buffers (required by D\VQ)

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 provide
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No ~ If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact r Multiplier I Required
(square feet) Mitigation
1 3
2 1.5
Total

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
n/a

Page 11 of 12

X. Stormwater (required by D'VQ)

Describe impervious acreage (both eXIstIng and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
n/a

XI. Sewage Disposal (required by D'VQ)

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

XII. Violations (required by D'VQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes"O No ~

Is this an after-the-fact pem1it application?
Yes 0 No ~

XIII. 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 assoc~ated 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).
n/a

(- Z8-t1)-

A . canUAgent's Signature Date
(Agent's sib 'ature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

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Scale 1 :31 ,250 (at center)
2000 Feet

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Name: BRYSON CITY
Date: 6/26/2005
Scale: 1 inch equals 1000 feet

Location: 0350 25' 46.2" N 0830 29' 11.6" W
Caption: Old 288 Public Boating Access Area - Site Location

Copyright (C) 1997, Maptech, Inc.

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end of existing
ramp @ el.= 1675

existing concrete
ramp

Scale: 1 "=50'

approximate location
of unnamed stream

NORTH CAROLINA
WILDLIFE RESOURCES COl\ll\lISSIO:\'
DIVISION OF ENGINEERING SERVICES
1720 Mail Service Center
Raleigh, North Carolina 27699-1720

existing gravel
road bed
(approx. location)

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OLD 288 BOATING ACCESS
Fontana lake
Existing Ramp Area
Site Plan

[phone]

fax [phone]

Designed by: Date:

Drml1 by: J CF Date: 6/05

Sheet Number: 1 of: 2

File Name: old288.dwg

proposed concrete
launch ramp
(340'L.x14'W.)

end of proposed
ramp @ el.= 16S0

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NOTE:

proposed
floating dock
(96'L.xS'W.)

All work shown is to be performed in
the dry during the period when
Fontana Lake is drawn down to below
elev. 1670'.

Approximately 3,OOOcy of compacted
fill will be placed below the 1710'
normal full pond elevation. This fill
will support the S'w. access and
support lane for the floating dock, and
t~e new 14'w. concrete launch ramp.
Sldeslope of fill will be at 1.5:1,
armored with a layer of fabric filter
cloth and then DOT class-b rip rap.

Silt fence is to be installed below the
toe of fill, and maintained until after
the fill slope has been aromored.

Relocate approximately 110' of
unnamed trib to avoid toe of
fill slope. Channel shall be
constructed using natural
channel design proactices; materials;
and to stable dimension,
pattern and profile as directed
by the engineer.

Scale: 1 "=50'

approximate current
location of unnamed trib.

existing gravel
road bed
(approx. location)

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NORTH CAROLIl':A
WILDLIFE RESOURCES CO:\ll\lISSION
DIVISION OF ENGINEERIl'\G SERVICES
1720 Mail Service Center
Raleigh, North Carolina 27699-1720

OLD 288 BOATING ACCESS
Fontana Lake
Proposed Ramp Area
Site Plan

[phone]

fax [phone]

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Designed by: JCF Date: 6/05

Drawn by: JCF Date: 6/05

Sheet Number: 2 of: 2

File Name: old288.dwg

1m

TENNESSEE VALLEY AUTHORITY
Section 26a Approval I Denial

Applicant Name North Carolina Wildlife Resources RLR No. 161194
Commission
-
Reservoir Fontana Subdivision N/A
-
Tract No. FR-1354 Map No. 280 Lot No(s).
-
River/Stream Mile Tuckasegee 9.9R Category 01 1Zl2 03
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. 2 Lane Boat LaunchinQ Ramp
2. Fill for ramp
3. - Floatina Pier
4.
5.
6.
7
8. -
0 The facilities and/or activities listed below are DENIED.
1.
2.
0 This permit SUPERSEDES the following previous TVA approval(s).
permit issued for
permit issued for
permit issued for
permit issued for
,{'\ 11__
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TV A Representative Darrell Cuthber1son Approval Date 9-20-2004
-

IZl Requires review by U.S. Army Corps of Engineers (USACE). Plans have been forwarded to the USACE.
No construction shall commence until you have written approval or verification that no permit is
required.

o ARAP (For Tennessee locations, a copy of the permit has been sent to the Tennessee Department of
Environment and Conservation).

TVA 17224 [2-1999]

~

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 200431661&200431307 County: Swain

USGS Quad: Brvson Citv

GENERAL PERl\HT (REGIONAL AND NATION\VIDE) VERIFICATION

Property Owner / Authorized Agent:
Address: North Carolina Wildlife Resources Commission
1720 Mail Service Center
RaleilZh, NC 28803
Telephone No.: 828-231-3517

Size and location of property (water body, road name/number, town, etc.): The proiect site is located at
the Old 288 boatin!! access at the end of Old NC288, east of Brvson City. Swain Countv, North
Carolina.

Description of projects area and activity: This permit authorizes to construct a 340' Ion!! bv 14' wide
concrete boat launchinlZ ramp at the Old 288 boatin!! access area on Fontana Lake. In addition
110' of an unnamed tributary will be relocated to the north of the ramp usinlZ natural channel
desin!! techniques.

Applicable Law: f2J Section 404 (Clean Water Act, 33 USC 1344)
o Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number: 39

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide and Special conditions, the attached North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.

This verification will remain valid nntil the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the tenns and conditions of the nationwide permit, activities which have commenced (i.e., are nnder construction) or
are nnder contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.

For activities occurring within the twenty coastal connties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Debbie Miller at 828-271-7980.

Corps Regulatory Official Debbie Miller

Date: November 8, 2004

Expiration Date of Verification: December 31, 2004

-2-

Determination of Jurisdiction:

[8J Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).

o There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.

o There are waters oftheUS and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CW A)(33 USC S 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.

o The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action ill

Basis of Jurisdictional Determination: n/a. Fontana Lake>Tennessee River.

Corps Regulatory Official: Debbie Miller

Date November 8, 2004

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATI ACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

Copy Furnished:
Darrell Cuthbertson, Tennessee Valley Authority, Little Tennessee Watershed Team, 804 Highway 321,
North, Lenoir City, TN 37771

Jun 17, 2005
OCP AP

10:28:15 AM
DOCUMENT GENERAL INFORMATION

DGI

NEXT FUNCTION:

ACTION:

HISTORY:

06/17/2005 10:28:01

-------------------------------------------------------------------------------
-------------------------------------------------------------------------------

PAY ENTITY 17PT
VEND/EMP SHORT NAME: DENR
DOCUMENT DATE OS/27/2005

VENDOR/EMP NUMBER:
DOCUMENT NUMBER

566000372 40
052705

CONTROL NUMBER
DOCUMENT TYPE
DOCUMENT STATUS
CURRENCY CODE
GROSS DOC AJ.'v10UNT

1316
INVOICE
PD-FULL

CONTROL DATE
APPLICATION AREA
DATE ENTERED
DATE LAST UPDATED:
475.00 PROV ACCTG DATE

05/31/2005
CC
06/01/2005
06/01/2005

AMOUNT PAID
COUNTY CDE/TRIP NBR:
PO REFERENCE

. 475.00

SIGN APPROVAL CODE
DATES APPROVED

REMIT MESSAGE:

401 DWQ PERi'lIT FOR NCI'VRC ENG SERV OLD 288 BAA

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Jun 1,-., 2005
OCP AP

10:28:29 AM
DOCUMENT PAYMENT GENERAL INFORMATION

DPG

NEXT FUNCTION:
BROWSE:

ACTION:

HISTORY:

06/17/2005 10:28:21

-------------------------------------------------------------------------------
-------------------------------------------------------------------------------

PAY ENTITY
VEND/EMP SHORT
DOCUMENT DATE

17PT
NAME: DENR
: OS/27/2005
IND AMOUNT

SALES TAX/VAT
SALES TAX 2
SALES TAX 3
FREIGHT
ADDITIONAL COST

GROSS INVOICE
PAYMENT AMOUNT
,AMOUNT PAID

475.00
475.00
'475.00

PAYMENT TERMS
PAYMENT DATE
PAYMENT ROUTE CD
FACTOR NUMBER
REASON CODE/DESC

NET PAY IMMEDIATELY
06/01/2005

VEND/EMP NBR:
DOCUMENT NBR:
PAYMENT NBR:

566000372 40
052705
001 PRTL PYMT NBR: 000

VAT INCLUSIVE N
EXPENSE IND
GL EFFECTIVE DATE: 06/01/2005
EXTRACT DATE
ACCRUAL CANC DATE:

CURRENCY CODE
DISCOUNT TYPE
DISCOUNT TAKEN
PAYMENT STATUS
PAYMENT REF NBR
PAYMENT TYPE
HANDLING CODE
ONE INVC PER PYMT:
BANK ACCT PYMT CD:

NOT TAKEN

.00

PAID
:0000008032
: (ELECTRONIC

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