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
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3-4. DETAILS
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0' 120' 240' 360'
ADD 6" ABC TO 250 LF
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LEGEND
ORIGINAL CONSTRUCTION PROPOSED
BOULDER VANE STONE TOE
BANK GRADING BRUSH MATTRESS
GEOLIFTS BANK SLOPING/
LIVE STAKING z'
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6" DIVERSION BERM
AT TOP OF BANK
LIVE CUTTINGS; SEE NOTE 5
NATURAL FIBER TWIN
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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 — — — -
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NOTE:
1. WHERE INDICATED ON PLANS,
SLOPE BANK, SEED, MULCH, MAT
AND LIVE STAKE PER DETAIL 3/4.
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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.
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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
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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
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DETAILS
SHEET 4 OF 4
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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