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HomeMy WebLinkAbout20140718 Ver 2_PCN Form Submission_20190919DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20140718 2 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Kevin Mitchell:eads\rkmitchell Information for Initial Review 1a. Name of project: Savannah Creek Restoration 1a. Who is the Primary Contact?* Andrew Bick 1 b. Primary Contact Email:* a n d r evv@ h e a d Ovate rs-e n g. co m Date Submitted 9/19/2019 Nearest Body of Water Savannah Creek Basin Little Tennessee Water Classification C; Tr Site Coordinates Latitude: 35.345319 A. Processing Information County (or Counties) where the project is located: Jackson Is this project a public transportation project?* r Yes r No Longitude: -83.238312 1a. Type(s) of approval sought from the Corps: F Section 404 Permit (wetlands, streams and waters, Clean Water Act) rJ Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (828)606-0306 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 13 - Bank Stabilization F 401 Water Quality Certification - Express F Riparian Buffer Authorization 1e. Is this notification solelyfor 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?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? O Yes r No B. Applicant Information 1d. Who is applying for the permit? Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Ralph Morgan 2b. Deed book and page no.: 8/69 2c. Responsible party: 2d. Address Street Address 289 Rock Quarry Road Address Line 2 City Webster Postal / Zip Code 28788 2e. Telephone Number: (828)586-3228 2g. Email Address:* tomswiftx3@aol.com 3. Applicant Information (if different from owner) 3a. Name: Same as owner State / Rmnoe / Region NC Country USA 2f. Fax Number r Yes r No rYes rNo 3b. Business Name: 3c.Address Street Address 289 Rock Quarry Road Address Lim 2 city Webster Postal / Zip Code 28788 3d. Telephone Number: (828)586-3228 3f. Email Address:* tomswiftx3@aol.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if apprope) 1c. Nearest municipality/ town: Webster 2. Project Identification 2a. Property Identification Number: 7630-76-5383 2c. Project Address Street Address 289 Rock Quarry Road Address Lim 2 city Webster Postal / Zip (ode 28788 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Savannah Creek 3b. Water Resources Classification of nearest receiving water:* C; Tr 3c. What river basin(s) is your project located in?* Little Tennessee 3d. Please provide the 12 -digit HUC in which the project is located. 060102030301 4. Project Description and History State / Rrmince / Region NC Country USA 3e. Fax Number: 2b. Property size: 12 State / Ftovince / legion NC Country USA 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:* Savannah Creek drains a 40 square mile, mostly rural watershed. A restoration project was completed on a 2200 -LF reach of the creek in mid -2017. The project used bioengineering to stabilize an eroding bank near the downstream end and unfortunately the timing of construction was such that dormant plant materials could not be obtained at the time of installation. The majority of the project held up well but a few locations and vane structures were damaged during floods in 2017 and 2018, and repairs are now necessary. The project reach runs adjacent to a livestock operation on the Kelly farm on the left bank and undeveloped land on the Morgan and Beasley parcels. Livestock were fenced out of the creek as part of the 2017 work. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* F Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). DWR 14-0718; Corps Action ID 2014-01290 Project History Upload 401 APRVL.8.7.14.pdf Savannah Kelly 404.pdf 137.68KB 1.14MB 4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) QUAD.pdf 464.94KB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 20190919_11043011825_85_Soil_Map.pdf 535.82KB 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: 3100 4h. Explain the purpose of the proposed project:* The purpose of the project is to repair bank and bed stabilization practices that were damaged following initial installation, and to reinforce other sections of bank that were not initially addressed but have since become less stable. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Work will include re -setting and/or replacing boulders on two vane structures, adding riprap toe reinforcement, installing brush mattress on the upper bank of an outside meander bend, and sloping and live staking banks. Equipment to be used will include track mounted excavators, dump trucks and hand tools. The base flow is too large to divert around work areas, but precautions Will be taken to minimize disturbance to the stream bed by working from the top of bank as much as possible. One or two temporary stream crossings will be necessary in order to access the site because the Kelly driveway bridge will not support the size of equipment needed at the site. The stream crossings will make use of eAsting cobble bed materials. Fueling will be performed at least 200 feet away from the stream, and equipment will be cleaned prior to mobilization and maintained to be free of leaks. 4j. Please upload project drawings for the proposed project. savannah creek repair plans 091719.pdf 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: 2014-01290 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 7.76MB r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 8/28/14 5d1. Jurisdictional determination upload Savannah Kelly 404.pdf 1.14MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 7b. If yes, explain. This is an unplanned second phase to complete repairs and address bank erosion that was not previously evident. No future phases are anticipated. 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 project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands 17 Streams -tributaries r- Open Waters r Pond Construction 3. Stream Impacts r Buffers 3a. Reason for impact (?) 3b.lmpact type x 3c. Type of impact 3d. S. name 3e. Stream Type 31`. Type of3g. S. width 3h. Impact (?) Jurisdiction* length* Stabilization ISavannah Creek IlPerennial Average (feet) II (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 800 3i. Total stream and ditch impacts: 800 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The impacts will be temporary and are intended to improve water quality and aquatic habitats and protect land. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Work Will be performed from the top of bank as much as possible, and work will be staged such that no more bank will be disturbed than can be stabilized by the end of that work day. Work will only begin after all equipment and materials needed to complete the project are brought to the site. Fueling will be performed at least 200 feet away from the stream, and equipment will be cleaned prior to mobilization and maintained to be free of leaks. 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? C Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project is being performed to improve water quality and protect resources. 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? r Yes r No If no, explain why: No impervious surface will be added. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* f Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* C Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: no stormwater plan required. G. Supplementary Information U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* r Yes r No Comments: This work was completed prior to the 2017 construction. 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)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. the project will benefit downstream water quality by reducing fine sediment inputs. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknowns Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS communications and website Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA fisheries website 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NRCS completed an archaeological survey of the site prior to the 2017 work which we believe is still valid. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A no -rise certification was submitted to Jackson County, who issued a floodplain development permit. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS website Miscellaneous Comments Site photos are attached. Miscellaneous attachments not previously requested. site photos.pdf Signature R By checking the box and signing below, I certify that: 986.11 KB • I have given true, accurate, and complete information on this form; • I 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: Andrew Bick Signature �x�1tlel ffct,6 Date 9/19/2019 Department of the Army Wilmington District, Corps of Engineers Attn: Daviel Brown 151 Patton Avenue #208 Asheville, NC 28801 -and- NC DWR, 401 and Buffer Permitting Unit Attn: Karen Higgins 512 North Salisbury Street Raleigh, North Carolina 27604 1, the current landowner/managing partner of the property identified below, hereby authorize Andrew Bick of Headwaters Engineering, to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Andrew Bick is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally,) authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting Onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. One property owner of record must accompany any said representative when the onsite investigation is conducted. Property Owner of Record: Jason C. and Kimbqrly K. Beasle Property Owner Address: PO Box Igo,Webster NC 28788 Phone Number: D C 9Z 9 7 Email address: a-5 C111 fe tJ t Property Location: Owner/Managing partner Signature: Owner/Managing printed name: A - say) Date: 13 '� T Department of the Army Wilmington District, Corps of Engineers Attn: David Brown 151 Patton Avenue 9208 Asheville, NC 28801 and NC DWR, 401 and Buffer Permitting Unit Attn: Karen Higgins 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize Andrew Bick of Headwaters En i�g, PC to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Andrew Bick is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. One property owner of record must accompany any said representative when the onsite investigation is conducted. Property Owner of Record: Tom H. and Conchita E. Kelly -- Property Owner Address: 54 Sunny Brook Farm Road. Sylva. NC 28779 Phone Number: 828.586.3228 Email address: Property Location: 54 SMny Brook Farm R _Sylva, NC 28779 10 Owner/Managing partner Signature: Owner/Managing printed name: 14 at f f Date: Department of the Army Wilmington District, Corps of Engineers Attn: David Brown 151 Patton Avenue #208 Asheville, NC 28801 -and- NC DWR, 401 and Buffer Permitting Unit Attn: Karen Higgins 5I2 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize Andrew Bick of Headwaters Engineering P, PC to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Andrew Bick is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 ofthe Clean Water Act and/or Section 10 of the Rimers and Harbors Act of 1899. One property owner of record must accompany any said representative when the onsite investigation is conducted. Property Owner of Record: Ralph Morgan Property Owner Address: �PO Box 146, Webster. NC 28788 Phone Number: 828.586.3229 Email address: Property Location: 289 Rock QqaM Road, Webster NQ 28788 Owner/Managing partner Signature: Owner/Managing printed name: Date: fl I l a 4   SITE  Soil Map—Jackson County, North Carolina (Savannah Creek Restoration) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/19/2019 Page 1 of 33912800391290039130003913100391320039133003913400391350039136003913700391280039129003913000391310039132003913300391340039135003913600296600296700296800296900297000297100297200 296600 296700 296800 296900 297000 297100 297200 35° 20' 45'' N 83° 14' 20'' W35° 20' 45'' N83° 13' 51'' W35° 20' 14'' N 83° 14' 20'' W35° 20' 14'' N 83° 13' 51'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 200 400 800 1200 Feet 0 50 100 200 300 Meters Map Scale: 1:4,700 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Jackson County, North Carolina Survey Area Data: Version 14, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Feb 6, 2016—Oct 26, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Jackson County, North Carolina (Savannah Creek Restoration) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/19/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI BaA Biltmore sand, 0 to 3 percent slopes, frequently flooded 4.9 4.2% BkC2 Braddock clay loam, 8 to 15 percent slopes, eroded 4.3 3.6% BkD2 Braddock clay loam, 15 to 30 percent slopes, eroded 10.2 8.6% CwA Cullowhee fine sandy loam, 0 to 2 percent slopes, occasionally flooded 27.4 23.1% DsB Dillsboro loam, 2 to 8 percent slopes 0.0 0.0% EvC Evard-Cowee complex, 8 to 15 percent slopes 8.1 6.9% EvD Evard-Cowee complex, 15 to 30 percent slopes 14.0 11.8% EvE Evard-Cowee complex, 30 to 50 percent slopes 25.2 21.2% EvF Evard-Cowee complex, 50 to 95 percent slopes, stony 19.5 16.4% HpA Hemphill clay loam, 0 to 3 percent slopes, rarely flooded 3.2 2.7% NkA Nikwasi fine sandy loam, 0 to 2 percent slopes, frequently flooded 1.7 1.4% SaC Saunook gravelly loam, 8 to 15 percent slopes 0.1 0.1% Totals for Area of Interest 118.7 100.0% Soil Map—Jackson County, North Carolina Savannah Creek Restoration Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/19/2019 Page 3 of 3 CONSTRUCTION NOTES 1. EQUIPMENT MOBILIZED TO THE SITE SHALL BE CLEAN AND FREE OF LEAKS. FUELING SHALL BE PERFORMED AT LEAST 200 FEET AWAY FROM THE STREAM. 2. ALL EQUIPMENT AND MATERIALS NECESSARY TO COMPLETE THE WORK SHALL BE MOBILIZED TO THE SITE BEFORE IN -STREAM WORK BEGINS. 3. TREES NOT MARKED FOR REMOVAL SHALL BE PROTECTED FROM DAMAGE. CONSTRUCTION TRAFFIC AND STOCKPILING OF MATERIALS SHALL BE PROHIBITED WITHIN ROOT ZONES OF TREES TO BE PROTECTED. 4. CONTRACTOR IS RESPONSIBLE FOR LOCATING AND PROTECTING ALL UNDERGROUND AND OVERHEAD UTILITIES. 5. PRIMARY ACCESS TO THE SITE WILL BE FROM AN EXISTING STONE ENTRANCE TO THE MORGAN PROPERTY OFF ROCK QUARRY ROAD. USE EXISTING PATHS AND REINFORCE WITH STONE AS NEEDED. 6. SILT FENCE SHALL BE INSTALLED ON THE STREAM SIDE OF ALL TEMPORARY STOCKPILES. EXCESS EXCAVATED MATERIALS SHALL BE DISPOSED IN APPROVED UPLAND WASTE AREAS. DISTURBED AREAS SHALL BE STABILIZED WITH SEED, MULCH AND MATTING (IF INDICATED) WITHIN SEVEN DAYS OF REACHING FINAL GRADES. 7. THE STEMS AND ROOT MASSES OF NON-NATIVE SPECIES (HONEYUCKLE, CHINESE PRIVET, ETC.) GENERATED DURING GRADING OPERATIONS SHALL BE DISPOSED IN APPROVED OFF-SITE LOCATIONS. 8. WORK IN THE STREAM SHALL BE PERFORMED IN THE WET. PRECAUTIONS SHALL BE TAKEN TO MINIMIZE OFF-SITE MIGRATION OF FINE SEDIMENT. 9. LIVE STAKING AND BRUSH MATTRESS INSTALLATION SHALL BE COMPLETED AFTER GRADING AND IN -STREAM STRUCTURE INSTALLATIONS ARE COMPLETE AND DURING THE DORMANT SEASON (DECEMBER TO APRIL). SAVANNAH CREEK RESTORATION PROJECT JACKSON COUNTY NORTH CAROLINA VICINITY MAP - NOT TO SCALE PRELIMINARY PLANS NOT FOR CONSTRUCTION MNk SITE SHEET INDEX 1: TITLE 2. PLAN 3-4. DETAILS 0 0 a 0v Lu (� 0 U Qz°' z W 6 W q z J w Lu 0 J 2 m m � U z ~ U Y W Z W W � � Z U D = Z O Q O U Z � O U Q 0 Y U U0 W ry DATE: SEPT. 2019 SCALE: NTS TITLE SHEET 1 OF 4 -Q = 0N, „„ 0 0 a 0v Lu (� 0 U Qz°' z W 6 W q z J w Lu 0 J 2 m m � U z ~ U Y W Z W W � � Z U D = Z O Q O U Z � O U Q 0 Y U U0 W ry DATE: SEPT. 2019 SCALE: NTS TITLE SHEET 1 OF 4 0' 120' 240' 360' ADD 6" ABC TO 250 LF OF FARM ROAD LEGEND ORIGINAL CONSTRUCTION PROPOSED BOULDER VANE STONE TOE BANK GRADING BRUSH MATTRESS GEOLIFTS BANK SLOPING/ LIVE STAKING z' - - PRELIMINARY PLANS Q RESET HEADER AT TIE IN NOT FOR CONSTRUCTION ON EXISTING VANE; # i - ADD CLASS 1 BACKFILL - Q z Ld w BEASLEY, JASON a•�- a ' _' _ _ } ALTERNATE TEMP. STREAM CROSSING; USE EXISTING STREAM BED U N =p KELLY, TOM H. '� " o'`P SLOPE BANK 1.5:1 OR I FLATTER ABOVE / E o CROSS AT EXISTING BEDROCK, LIVE STAKE _ o U 41 " - _ U) E Lo FORD THIS AREA - _ a ° v RESET HEADERS ON EXISTING VANE i AND REPLACE BACKFILL AS NEEDED .a REM �.—��_-�- _- FROM% CE - v _ NN AH ' PRIMARY CONSTRUCTIC BREAK UP AND MOVE OGS RY R zZ LARGE BOULDER TO = EDGE OF CHANNEL - MORGAN, RALPH:' ,,rh _' - f At sk lb Solow_ 3 ~ U Y LUQ Z W WO Z U W D = z O Q —0 U z< O U) O Y U C)W DATE: SEPT. 2019 SCALE: AS SHOWN REPAIR PLAN SHEET 2 OF 4 W CD a, Q z T z o W Lu � (j (Z J z W J m 2 w z ~ U Y LUQ Z W WO Z U W D = z O Q —0 U z< O U) O Y U C)W DATE: SEPT. 2019 SCALE: AS SHOWN REPAIR PLAN SHEET 2 OF 4 6" DIVERSION BERM AT TOP OF BANK LIVE CUTTINGS; SEE NOTE 5 NATURAL FIBER TWIN TOP OF MATTR TOE OF BAN STONE TOE, SEE DETAI mnTFS- P LAN a a a 1.75" (n o Z O_ o cn 18" w U V) 1.5" o H-1 m rl BRUSH MATTRESS STAKE I l� EROSION CONTROL MATTING T TYP STONE TOE, SEE DETAIL BASE FLOW _ - CREEK BED _ _ 3' TYP LIVE CUTTINGS, SLIGHT CRISS-CROSS PATTERN, MIN. 15 STEMS PER SQUARE YARD SEE NOTE 1 CLASS 2 RIPRAP WITH LOGS AND BRUSH 1. PLACE CUTTINGS ON FACE OF GRADED BANK, WITH BUTT ENDS REACHING TO BASE FLOW WATER SURFACE. 2. DRIVE STAKES HALFWAY INTO BANK BETWEEN CUTTINGS. WRAP TWINE AROUND STAKES AND OVER CUTTINGS TIGHTLY. DRIVE STAKES FURTHER TO TIGHTEN TWINE AND SECURE CUTTINGS TO SLOPE. 3. FILL VOIDS BETWEEN CUTTINGS WITH LOOSE TOPSOIL. SEED AND MULCH THE SURFACE. 4. INSTALL EROSION CONTROL MATTING OVER TOPSOIL, USING 18" LONG MATTING STAKES. 5. PLACE BOULDER TOE OVER END OF MATTRESS AND MATTING. 6. LIVE CUTTINGS SHALL BE DORMANT AT THE TIME OF INSTALLATION AND SHALL INCLUDE AT LEAST 3 OF THE FOLLOWING SPECIES: SILKY WILLOW, SIKLY DOGWOOD, NINEBARK, ELDERBERRY, BLACK WILLOW. BRUSH MATTRESS — — — - -I-I-I-I- I-I-I-I-I 3 NTS EXISTING GRADE 1.5 MIN. �1 I BASE FLOW 0 - 'REEK gED 2' MIN. BELOW BE 2 STONE TOE 3 NTS NOTE: 1. WHERE INDICATED ON PLANS, SLOPE BANK, SEED, MULCH, MAT AND LIVE STAKE PER DETAIL 3/4. 0 U E � 0- 0,7 W (D 0 U Q z °' z L W (,j O W m J z �U) 2 w m U z ~ U U Y LU Z w0 U D_ z = Z O Q0 U Z< O U) Q 0 V U) U) Q W DATE: SEPT. 2019 SCALE: AS SHOWN DETAILS SHEET 3 OF 4 CS , „ ,,WOO'OC 0 U E � 0- 0,7 W (D 0 U Q z °' z L W (,j O W m J z �U) 2 w m U z ~ U U Y LU Z w0 U D_ z = Z O Q0 U Z< O U) Q 0 V U) U) Q W DATE: SEPT. 2019 SCALE: AS SHOWN DETAILS SHEET 3 OF 4 NOTES: 1. SILT FENCE SHALL BE PLACED ON STREAM STEEL T -POST SIDE OF ALL STOCKPILES. FILTER FABRIC 2. SILT FENCE SHALL BE REMOVED UPON WITH WIRE BACKING COMPLETION OF EARTHWORK. COMPACTED�OBACKFIFF �SIDE K L l � STEELnT-POST 4" 8I I24' MI IN. 18" MIN. L FILTER FABRIC WITH SECTION PROFILE WIRE BACKING 61SILT FENCE 4 NTS Permanent Seed Mix ` - 30 Ib/acre Mulching: wheat or oat straw mulch applied at 1 bale/1,000 square feet Common Name Scientific Name Percentage Deer Tongue Panicum clandestinum 20 Big Bluestem Andropogon gerardii 20 Virginia Wildrye Elymus virginicus 20 Indiangrass Sorghastrum nutans 20 Switchgrass Panicum virgatum 20 USE TURF TYPE TALL FESCUE BLEND TO SEED DISTURBED AREAS IN FIELDS BEYOND STREAM GRADING LIMITS. Temporary Seed Mix Application Dates Common Name Scientific Name Rate (Ib/acre) Applied Rate (Ib/acre) Applied Separately w/ Permanent Mix August 15 to May 1 Rye Grain Secale cereale 120 60 May 1 to August 15 Pearl Millet Pennisetum 40 20 glaucum 2 SEED MIXES 4 a a a w a � o Z O TOP OF BANK (WHERE APPLICABLE) zo MATTING PLACED FLUSH WITH BANK SURFACE, LAPW V MIN. OVER DOWN STREAM / DOWN SLOPE SEAMS rn \\/ \ 12" WOOD STAKE PLACED IN o T O.C. DIAMOND PATTERN Q m [-LIVE STAKE, 3' O.C. REMOVE ALL DEBRIS;\�/�\j ''\\jam' SCARIFY SURFACE, PLACE STREAM BED TOPSOILAND SEED/MULCH BEFORE PLACING MATTING SECTION NOTES: 1. MATTING SHALL BE COIR FIBER, 780 G/M2 WITH NOMINAL 0.50 INCH OPENING SIZE 2. LIVE STAKES SHALL BE DORMANT AT TIME OF INSTALLATION. SPECIES SHALL INCLUDE AT LEAST 3 OF THE FOLLOWING: SILKY DOGWOOD, SILKY WILLOW, NINEBARK, ELDERBERRY. M. 0.4" --/ WOOD STAKE TOP CUT AT 150 AFTER INSTALL BUDS POINTED UPWARD, MIN. 3 BUDS ABOVE AND BELOW GRADE AFTER INSTALL 24" MIN. 1/2" TO 2" �-BASE CUT AT 45° LIVE STAKE DETAIL EROSION CONTROL MATTING/LIVE STAKES NTS 0 U E � m 0,7 LU (� 0) U Q E Z L W (,j O W m J Z �U) 2 w (a m U Z 0 Z Q J O W L-) Z W N W m Z U) > Q W _ O Y 02 Q Z W Q F-- 00 m Z W U DATE: AUGUST 2019 SCALE: AS SHOWN DETAILS SHEET 4 OF 4 , .......... 0 U E � m 0,7 LU (� 0) U Q E Z L W (,j O W m J Z �U) 2 w (a m U Z 0 Z Q J O W L-) Z W N W m Z U) > Q W _ O Y 02 Q Z W Q F-- 00 m Z W U DATE: AUGUST 2019 SCALE: AS SHOWN DETAILS SHEET 4 OF 4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2014-01290 County: Jackson U.S.G.S. Quad: Sylva South GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Land Trust for the Little Tennessee Attn.: Paul Carlson Address: 557 East Main Street Franklin, NC 28744 Telephone Number: 828-524-2711 Size (acres): 23 Nearest Town: Webster Nearest Waterway: Savannah Creek Coordinates: 35.338856 N, 83.234303 W River Basin/ HUC: Tuckasegee (06010203) Location description: The proposed project site is located on a tract of land (PIN 7630-75-3718) north of Webster Road (NC Highway 116) at the confluence of Little Savannah Creek and Savannah Creek in Webster Jackson County North Carolina Description of projects area and activity: This permit verification authorizes 2,200 linear feet of permanent stream impacts to Savannah Creek associated with stream restoration activities Special Condition(s): Per U.S. Fish and Wildlife Service's Intra -Service Section 7 Biological Evaluation (dated and signed April 1, 2014) for this project the actions to be implemented to reduce adverse effects to the federal listed endangered species Alasmidonta raveneliana (Appalachian Elktoe) and it's critical habitat are incorporated as conditions of the permit verification. See Section VII. Part B (pages 5-6) of the attached Intra -Service Section 7 Biological Evaluation Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special condition(s) and your submitted application and attached information dated July 10, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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 Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Brown at 828-271-7980, ext. 232 or david.w.brown@usace.army.mil. Corps Regulatory Offici - ) -- - —_ .,._ Date: August 28, 2014 David Brown Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ 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. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: The stream channel in the permit area is Savannah Creek, a relatively permanent water (RPW), which flows into the Tuckasegee River, a traditional navigable water (TNW), and then flows into the Little Tennessee River (TNW), a Section 10 River, which flows into the Tennessee River. The Tennessee River drains into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. Savannah Creek, in the permit area, has perennial flow, is a blue line feature on the U.S.G.S. 7.5 minute topographic map, and exhibit indicators of ordinary high water mark. This jurisdictional determination is valid for the impact areas only. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 27, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official;,�j - David Brown Issue Date of JD: August 28, 2014 Expiration Date of JD: Five years from Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatory.usacesur-vey.com/. Copy furnished: Confluence Engineering, PC, Attn.: Andrew Bick, 16 Broad Street, Asheville, NC 28801 Tom and Conchita Kelly, 54 Sunny Brook Farm, Sylva, NC 28779 Ralph Siler Morgan, I1I, P.O. Box 146 Webster, NC 28788 Susan Leveille, P.O. Box 310, Dillsboro, NC 28725 Action ID Number: 2014-01290 County: Jackson Permittee: Land Trust for the Little Tennessee, Attn.: Paul Carlson Project Name: Tom Kelly Farm Savannah Creek Restoration Date Verification Issued: August 28, 2014 Project Manager: David Brown Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E Applicant: Land Trust for the Little Tennessee, Attn.: File Number: SAW -2014-01290 Date: August 28, 2014 Paul Carlson Attached is: See Section below nj INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II'-REQUEST FOR AI'I'EAI� or OBJECTIONS TO" O AN;INITIA I'RnFFERED PERMIT,"; REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional infonnation to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new infonnation or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. TINT OF CONTACT FOR QUESTIONS OR INFORMATION . If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer David Brown CESAD-PDO 828-271-7980, ext 232 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Januaty, 1999 Instructions for Intra -Service Section 7 Forin - Region 4 REGION 4 INTRA -SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Originating Person: Anita Goetz, Asheville Field Office Telephone Number: 828-258-3939 ext. 228 E -Mail: mita aoet,7rwf%,vs.1!ov Date: 3/28/2014 PROJECT NAME (Grant Title/Number): Savannah Creek (Kelly Farm) Stream Restoration Project; Cooperative Agreement Number F10AC00401 (PFW). 1. Service Program: Ecological Services Federal Aid Clean Vessel Act Coastal Wetlands Endangered Species Section 6 Partners for Fish and Wildlife Sport Fish Restoration Wildlife Restoration Fisheries RefuaesAVildlife Ill. State/Agency: NC/tJSFNVS 111. Station Name: Asheville Field Office `i - A,, -) 4 5 pu kQ- "_q IV. Description of Proposed Action (attach additional pages as needed): This project is part of an ongoing watershed -based stream restoration and conservation project in the upper Little Tennessee and Tuckasegee Rivers that the Service and the Land Trust for the Little Tennessee are spearheading along with other conservation partners. The Land Trust for the Little Tennessee (LTLT) received funding during FY 2012,to restore and enhance habitat within streams, wetlands, and riparian and floodplain areas in theTuckasegee River subbasin, a tributary of the upper Little 'fennessee River, with particular emphasis on the area between Cullowhee. NC and Dillsboro, NC. The Mro major tributary streams in. that area that have been prioritized for on -the -ground restoration activities are Scott and Savannah Creeks. The uppermost end of the greater project area is the confluence of Mine Branch and the mainstem, Tuckasegee River while the lower extreme of the project area extends to Bryson City. This project area utas selected based on: a) The presence of federally listed species; januanr' 1999 Instructions for Intmi-Service Section 7 Form - Region 4 b) Areas previously prioritized for aquatic restoration and habitat enhancement based on. 303d listing and/or identification in conservation planning documents including the State Wildlife Action Plan and NC DENR assessments; c) The existence of baseline monitoring data collected by numerous state and federal agencies and on some occasions, by private consultants. The Tuckasegee River is located. in Jackson and Swain Counties, North Carolina, and has a total watershed size of 734 square miles. The Tuckasegee is a tributary to the Little Tennessee River system, joining the Little Tennessee River at Fontana Reservoir. The greater project area is approximately 267 square miles. The Tuckasegee River is part of the nationally significant Tuckasegee River Aquatic Habitat, as designated by the NC Natural Heritage Program. It is also listed as a priority area. -,within the NC Wildlife Action Plan. The area from the N.C. State Route 1002 Bridge in. Cullowhee., Jackson County, NC, downstream to the N.C. 1-lighway 19 Bridge, north of Bryson City, Swain County, NC is designated critical habitat for the Appalachian elktoe (Alasmidonta raveneliana) mussel. This unit is part of the currently occupied range of the Appalachian elktoe and, based on the best available information, provides the physical and biological habitat elements necessary for the life cycle needs of the species. Savannah Creek at the downstream end of the project reach drains about 41 square miles of mixed forest, pasture and low density residential land uses. The 2200 -LF project reach is suffering from bank erosion and mid -channel sediment.deposition. Channel incision is relatively minor at the upstream end and increases somewhat toward the downstream end. The primary cause of the channel instability appears to be the removal of woody vegetation from the banks. The Kelly farm (left bank) is an active pasture. Land uses on the right bank include a saw mill at the upstream end and low density residential over the downstream two-thirds of the reach. The restotation, and biostabilization practices are based on natural channel design principles. The contractor, Confluence Engineering (CE), conducted. a detailed assessment of existing conditions, which included topographic surveys of the creek and floodplain areas, sediment sampling and testing, and an evaluation of site constraints such as property boundaries. CE used assessment data to inform the design, which is presented on the attached plans. The project will involve sloping banks and creating floodplam, benches where appropriate. In -stream boulder vanes will be constructed in the creek bed to direct to flows to the center of the channel, help prevent the forriiation. of mid -channel bars, and encourage pool formation for habitat enhancement. Hellbender huts will be placed in the channel (or rock slab structures preferred by bellbenders) to create habitat for this species (which has been selected as a "surrogate" for the Appalachian elktoe). Graded banks will be seeded with temporary and permanent (native) seed mixes, covered with coir matting and live staked with native woody species. Bioengineering measures such as brush mattresses will be installed in high stress batik areas. Conventional construction equipment will be used, including a track mounted 2 J;iuuhry, 1999 Instructions for Intra -Service Section 7 Form - Region 4 excavator, dump truck and assorted hand tools. Given the large base flow discharge, a pump -around flow diversion is not practical. Measures will be taken to limit the amount of construction traffic in the stream, but some in -stream equipment access will be necessary to construct the measures. Work is expected. to begin during April of 2014 provided all permits and authorizations are obtained, and is expected to last for three to four weeks depending on weather, conditions. The project represents a long-term benefit to the creek and larger Little Tennessee watershed by stabilizing an eroding banks, enhancing aqautic habitats, and'reducing fine sediment inputs. Construction phase best management practices will help minimize the impacts, V. Pertinent Species and Habitat: A. Include species/habitat occurrence map: See attached maps of project area. B. Complete the following table: SPECIESICRITICAL HABITAT TV, STATUS Sicklefin redhorselAlfoxosloma sp. C Appalachian elktoelAlasmidonta raveneliana E, CH (main stem Tuckasegee River) STATUS: Eeudangmd, 'Mhreal.enetl, PE=proposcd endangenA P'T�.-Pwposed thn--aicned, C1 1=crhical habitat. ("Cl I -proposed critical hahitat, C=candidatc species Vt. Location (attach map): A. Ecoregion Number and Name: Southern Blue Ridge Ecoregion R. County and State: Jackson County, North Carolina C. Section, township, and range (or latitude and longitude): 35.338856; -83.234303: linear project. See attached location. map. D. Distance (miles) and direction to nearest town., Approximately 2 miles southeast of Dillsboro, (see attached street map), E. Species/habitat occurrence: The species listed above are those known to occur or have designated critical habitat (CH) within or along the main stem of the Tuckasegee River, which lies below the project area. VII. Determination of Effects: A. Explanation of effects of the action on species and critical habitats in itern V. B 3 Januiry, 1999 Instructions for Intra-Ses-vice Section 7 Form - Region 4 (attach additional pages as needed): Discuss either the effects of the action on each listed, proposed, or candidate species and critical habitat in the action area, or why those species or critical habitats will not be affected. For species or critical habitats affiected by the proposed action, provide the following inforniation: finpacts of the proposed action on species and/or critical habitat, including direct, indirect, interdependent, interrelated, and cumulative impacts, (Quantification oretTects - acres of habitat, miles of habitat, number of individuals, ctc. SPECIES/ CRITICAL HABITAT IMPACTS TO SPECIES/CRITICAL HABITAT Sicklefin This species is known from the Tuckasegee River and could occur in tributary streams of the Tuckasegee River. It is possible that few individuals of this species could be present or proving through the project area before construction begins. With the use of best management practices outlined in the engineering plans which include efforts to minimize sediment release, only short-term impacts to this species are expected, and those will be minimal. However, more than likely once construction begins, any fish within the area would likely move to avoid turbidity resulting from construction. This project is expected to have direct and indirect long term positive benefits to this species by reducing sedimentation within Savannah Creek and the main stem of the Tuckasegee River, providing instream habitat complexity, providing riparian and floodplain forested buffer, and stabilizing the channel banks. Therefore the direct effects of the action to the sicklefin redhorse are believed to be discountable, and long term and cumulative effects of this action will be beneficial. 0 Jsnuar 1999 instructions for Intra -Service Section 7 Form- Region 4 SPECIES/ CRITICAL. HABITAT IMPACTS TO SPECIES/CRITICAL. 14ABITAT Appalachian This species occurs in the main stein of the "fuckasegee River, elktoelAlasmidonta approximately 0,8 stream miles from the proiect site. With the use of raveneliona best management practices outlined below for the Sicklefin redhorse involving efforts to limit the amount, timing of. and duration. of impacts from instream channel work, sedimentation to A. raveneliana habitat within the main stem of the Tuckasegee River is not expected. Any host fish within the zone of influence are expected to move due to turbidity once the project construction begins. Therefore, the implementation of this project is not expected to result in direct impacts nor potential take of individuals of this species (including adults, host fish and/or glochidia). This project will have indirect and cumulative long term positive benefits to this species by reducing sedimentation within Savannah Creek and the main stern of the Tuckasegee River, and stabilizing channel banks. Therefore, the direct effects of the action are believed to be discountable, and longterm and cumulative effects of this action will. be beneficial to this species. B. Explanation of actions to be implemented to reduce adverse effects: Project modification ideas may be found in recovery plans. Although section 7 of Act prohibits only those actions by Federal agencies which are likely to jeopardize listed species or adversely modify critical habitat, the Service has a commitment to recovering listed species and trying to prevent the need to list additional stlecces SPECIES/ ACTIONS TO MITIGATE/MINIMIZE IMPACTS CRITICAL HABITAT Sicklefin During project implementation:, best management redhorsel1foxostoma sl-?. practices/conservation measures Will be implemented to reduce sedimentation. into Savannah.. Creek and the Tuckasegee River. Due to the nature of the co' nstruction, however, there may be short periods where sedimentation occurs downstream of the project site. This is unavoidable since construction will occur in the active channel. Because the purpose of the project is to stabilize and reduce existing sources of sediment, it is expected that any project related effects of sedimentation will be insignificant in relation to existing input, and the overall long term effect of the project will be beneficial to this species and designated critical habitat. Efforts will be made to limit and expedite equipment time spent digging in the stream channel. Most work will occur from the banks. The design attempts to minimize sediment and other potentially negative impacts 5 hnffary, 1999 histructions for Intra -Service Section 7 Form - Region 4 SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINJ MIZE IMPACTS through the following practices: • The contractor will be required to mobilize all equipment and materials necessary for stabilization work before beginning any stream work. The contractor will also be required to stage and store equipment and materials outside of the trout buffers (25 linear feet from top of banks), Equipment will be well- maintained, cleaned prior to mobilization, and checked daily for leaks of petroleum products. Fueling will be performed in a contained area at_least 200 feet from surface waters. An emergency spill plan will be required. Sediment fence will be installedon the stream side of stockpiles and staging areas. a The contractor will be required to stage his work such that disturbed areas will be stabilized with seeding, mulch and erosion control matting (where appropriate) prior to the end of each work day. Equipment access across the creek will be provided by a :tone ford to limit disturbance to banks and bed. Primary access to the site will be from the left bank on the Kelly property. 4 All trees, utilities and other site features will be protected unless marked for removal or relocation. a Excess excavated materials and normative plants will be disposed of off-site in approved waste areas. QWork in the stream and along riparian areas shall be conducted during periods of low flow conditions (and dry weather) with emphasis on minimizing the amount of time of instream. work and channel disturbance. The contractor will ensure all disturbed areas are stabilized prior to any rain events. These actions will aid it! minimizing the potential for release of sediment into Savannah Creek and the Tuckasegee River. Appalachian. Conservation measures for the sicklefin redhorse will also elktoe,[.41a.vn?idon1a minimize any impacts to glochidia, host fish, and adults of this ravenefictim species (see above). V111. Effect Determination and Response Requested: ;tanoary 1999 Instructions for Intra -Service Section 7 l!orm - Region 4 SPECIES/ DETERMINATION RESPONSE CRITICAL HABITAT NE NA AA RE VESTED Sicklefin redhorselAlloxostoma sp. X Concurrence Appalachian elkWelrllavinidonta X Concurrence t`a-t c neliana a JF`i.rRiv111vA"I"It)l�rR] S ('{)NS l; It I:fC3UESTECJ: NF = no effect. This determination is appropriate when (lie proposed action will not directly; indirectly or cumulatively impact, either positively or negatively, any listed, proposed. candidate species or dcsiggnatedlproposed critical habitat. Response Requested is optional but a Concurrence is recommended rix a cxrrrplete Administrative Record. NA = not likely to adversely affect. This determination is appropriate when the pioposcd action is not likely to adversely impact any fisted, proposed, candidate species of des ignated!proposed critical habitat or there may be beneficial effects to these resources. Response Requested is a Concurrence . AA = likely to adversely affect. This determination is appropriate when the proposed action is likely to advcrsely impact any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested Far listed specics is formal Cons ullation ; Response requested lbr proposed and candidate species is Cooterence . I Enter the Species, the Determination, and the Response Requested. No effect/no adverse modification. For listed, proposed, or candidate species. This conclusion is reached if the proposed action and its interrelated and interdependent actions will not directly or indirectly affect listed species or destroy/adversely modify designated critical habitat. Response Requested action would be the optional written concurrence is encouraged to facilitate a complete administrative record. May Affect but is not likely to adversely affect spceies/adversely modify critical habitat. This coticlusiotr is appropriate When effects to the species or critical habitat are expected to be beneficial, discountable, or insignificant. Beneficial effects are contemporaneous positive effects without any adverse effects to the species or habitat. Insignificant effects relate to the size of the impact (and should never reach the scale where take occurs), while discountable effects are those that are extremely unlikely to occur. Based on best judgment; a person would tint: (1) be able to meaningfully measure, detect, or evaluate irisivnificant effects; or (2) expect discountable effects to occur. If the Ecological Services Office concurs. in writing with the Project Leader's determination of "is not Likely to adversely atTect" listed species or critical habitat, the intra -Service section 7 consultation process is completed. May affect, and is likely to adversely affect species/adversely modify critical habitat. This conclusion is, reached. if any adverse effect to listed species or critical habitat may occur as a direct or indirect result of the proposed Service action or its interrelated or interdependent actions, and the effect is not discountable or insignificant (see definition of "is not likely to adversely affect". In the event the overall effect of the proposed action is beneficial to the listed species or critical habitat, but may also cause some adverse effect on individuals of the listed species or segments of the critical habitat, then the determination should be "is likely to adversely affect." Such a determination requires formal section 7 consultation. Example: A refuge proposes prescribed burning for a prairie remnant to improve the habitat for the endangered Kamer blue butterfly. Tile bum will substantially improve the habitat for the species and promote its recovery in subsequent years. However; individual Kanter blue butterfly eggs and larvae will be killed during the burn. Even though the net effect of the burn will be highly beneficial to the listed species, the burn must be considered to have an adverse effect. A finding of "is likely to adversely affect" is necessary. Is likely to jeopardize proposed speciesfadversely modify proposed critical habitat. Cor proposed species and proposed critical habitats, the Service is required to evaluate whether the proposed Service 7 Jan«ary. 1999 instructions for intra -Service Section 7 Form - Region 4 action is likely to jcopardize the continued existence ofthe proposed species or adversely modify an area proposed for designation as critical habitat., If this conclusion. is reached, a section 7 conference is required, If this conclusion is reached, intra -Service conference is required, Is likely to ieopardize candidate species.. For candidate species, the Service is required to evaluate whether the proposed Service action is likely to jeopardize the continued existence of the candidate species. If this conclusion is reached, intra -Service section 7 conference is required. signature (o •iginatingstation) bate title IX. Reviewing Ecological Services Office Evaluation: A. Concurrence Nonconcurrence B. Formal consultation required C. Conference required D. Informal conference required E. Remarks (attach additional pages as needed); �� natut�e title V office T � 40 me Aft N.M NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 7, 2014 Tom H. and Conchita Kelly 54 Sunny Brook Farm Sylva, NC 28779 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Savannah Creek Restoration Project Dear Mr. and Ms. Kelly: John E. Skvarla, III Secretary DWR # 14-0718 Jackson County In accordance with your application dated July 3, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Stream 2200 (linear feet) ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit anew application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828-296-45001 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/web/wgtws An Equal Opportunity 1 Affirmative Action Employer Tom H. and Conchita Kelly August 7, 2014 Page 2 of 3 letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. The designer or his designee shall supervise the installation of in -stream structures. 3. This authorization exempts the Permittee from meeting Condition #7 (Work in the Dry) in the attached general certification for the placement of in -stream structure material. The Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy equipment out of the stream channel. Stream flow will be diverted around work areas as much as practicable. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. 4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Tom H. and Conchita Kelly August 7, 2014 Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Chuck Cranford at 828-296-4650 or chuck. cranford cnr,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon idson, P.G., Region a Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit ec: Paul Carlson - LTLT Andrew Bick - Confluence David Brown - USACE G:\WR\WQVackson\401s\Non-DOT\Savannah Creek\APRVL.8.7.14.docx Savannah Creek Repairs  Summer 2019 Photographs  Headwaters Engineering, PC    Dislodged boulders on upstream vane, downstream bank erosion    Bank erosion on right bank; not previously addressed  Savannah Creek Repairs  Summer 2019 Photographs  Headwaters Engineering, PC    Dislodged header boulder at tie‐in, downstream vane    Bank erosion at site of reinforced soil lifts  Savannah Creek Repairs  Summer 2019 Photographs  Headwaters Engineering, PC    Bank erosion on left bank near downstream end, not previously addressed    Reinforcing steel to be removed at downstream bridge, not previously addressed