NOC_NR2303_212-signed_0007.pdf

RDA 1017

Under the Aquatic Resource Alteration

General Permit for Construction and Removal of Minor Road Crossings

Tennessee Department of Environment and Conservation

Division of Water Resources

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 11th Floor

Nashville TN 37243

ARAP - NR2303.212

Under authority of the Tennessee Water Quality Control Act of 1977 (TWQCA, T.C.A. 69-3-101 et seq.) the

Division of Water Resources has determined the activity described below would not violate applicable water quality standards.

This activity is governed by the General Permit for Construction and Removal of Minor Road Crossings issued pursuant to the TWQCA. The work must be accomplished in conformance with accepted plans, specifications, data and other information submitted in support of application NR2303.212 and the terms and conditions set forth in the above referenced general permit.

PERMITTEE: National Park Service

AUTHORIZED WORK: removal and replacement of 43.2' crossing of Laurel Branch, construction of a 73.3' new footbridge of Laurel Branch, removal and replacement of 20' crossing of Pine Knot Branch, and removal and replacement of a 20' crossing of an unnamed tributary

LOCATION: Fighting Creek Gap Road, Sevier County

Latitude: 35.672026 Longitude: -83.58049

WATERBODY NAME: Laurel Branch and Pine Knot Branch

EFFECTIVE DATE: 27-NOV-23 EXPIRATION DATE: 07-APR-25

This does not preclude requirements of other federal, state or local laws. In particular, work shall not commence until the applicant has received the federal §404 permit from the U. S. Army Corps of Engineers, a §26a permit from the Tennessee Valley Authority or authorization under a Tennessee NPDES Storm Water Construction Permit where necessary. This permit may also serve as a federal §401 water quality certification (pursuant to 33 U.S.C. §1341) since the planned activity was reviewed and the division has reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards (T.C.A. § 69-3- 101 et seq. or of § § 301, 302, 303, 306 or 307 of The Clean Water Act). The 401 Water Quality Certification Justifications and Citations related to the procedural requirements of §121.7(d) can be found at https://www.tn.gov/environment/permit-permits/water-permits1/aquatic-resource-alteration-permit--arap-.html.

A paper copy of the certifications and justifications can also be obtained by contacting water.permits@tn.gov or calling (615) 532-0359.

The state of Tennessee may modify, suspend or revoke this authorization should the state determine that the activity results in more than an insignificant degradation of applicable water quality standards or violation of the

TWQCA. Failure to comply with permit terms may result in penalties in accordance with T.C.A. §69-3-115.

https://www.tn.gov/environment/permit-permits/water-permits1/aquatic-resource-alteration-permit--arap-.html mailto:water.permits@tn.gov

STATE OF TENNESSEE

DEPARTMENT OF ENVIRONMENT AND CONSERVATION

DIVISION OF WATER RESOURCES

KNOXVILLE Environmental Field Office

3711 MIDDLEBROOK PIKE

KNOXVILLE, Tn 37921

November 27, 2023

Mr. Alan G. Sumeriski, Deputy Superintendent

USDI-National Park Service e-copy: alan_sumeriski@nps.gov

107 Park Headquarters Rd.

Gatlinburg, TN 37738

Subject: General Permit for Construction and Removal of Minor Road Crossings

Aquatic Resource Alteration Permit (ARAP) NR2303.212

Laurel Falls Trail Rehabilitation Project

National Park Service

Gatlinburg, Sevier County, Tennessee

Dear Mr. Sumeriski:

We have reviewed your application for the proposed removal and replacement of 43.2' crossing of Laurel

Branch, construction of a 73.3' new footbridge of Laurel Branch, removal and replacement of 20' crossing of Pine Knot Branch, and removal and replacement of a 20' crossing of an unnamed tributary.

Pursuant to the Tennessee Water Quality Control Act of 1977 (T.C.A. §§ 69-3-101 et seq.) and supporting regulations the Division of Water Resources is required to determine whether the activity described in the attached Notice of Coverage will violate applicable water quality standards. This permit may also serve as a federal section 401 water quality certification (pursuant to 33 U.S.C. § 1341). The 401 Water Quality Certification Justifications and Citations related to the procedural requirements of §121.7(d) can be found at https://www.tn.gov/environment/permit-permits/water-permits1/aquatic-resource-alteration-permit--arap-.html. A paper copy of the certifications and justifications can also be obtained by contacting water.permits@tn.gov or calling (615) 532-0359.

This activity is governed by the General Permit for Construction and Removal of Minor Road Crossings.

The work must be accomplished in conformance with accepted plans and information submitted in support of application NR2303.212 and the limitations and conditions set forth in the General Permit for

Construction and Removal of Minor Road Crossings (enclosed). It is the responsibility of the permittee to ensure that all contractors involved with this project have read and understand the permit conditions before the project begins.

Excavation and fill activities associated with the road crossings must be separated from flowing waters.

This may be accomplished through the utilization of cofferdams (non-erodible materials), berms or temporary channels. The bottom of the culverts must be constructed below the stream bed elevation to allow natural substrate to reestablish. Over-widening of the chanel is expressly prohibited. All box culverts with more than one barrel must be constructed in a manner which will concentrate baseflow into one barrel. All disturbed areas must be revegetated or otherwise stabilized upon completion of construction.

https://www.tn.gov/environment/permit-permits/water-permits1/aquatic-resource-alteration-permit--arap-.html https://www.tn.gov/environment/permit-permits/water-permits1/aquatic-resource-alteration-permit--arap-.html mailto:water.permits@tn.gov

Please note that authorization under this general permit is only for the construction of the structures and does not authorize water withdrawal or release. These structures may not cause bank erosion due to increased velocity or improper alignment. Adequate erosion controls must be installed prior to construction and maintained during construction of the project. All disturbed areas must be revegetated or otherwise stabilized upon completion of construction.

Annual Maintenance and Coverage Termination

Permittees will be assessed an annual maintenance fee of $350 for coverages that exceed one year.

Please note that this maintenance fee does not grant the right to extend coverage past the expiration date of the General Permit.

Permittees may terminate coverage prior to the expiration date by submitting a completed notice of termination form (NOT), which is available on the division’s webpage at http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1450. A complete NOT should include photodocumentation of the finished project area. The division will notify the permittee that either the

NOT was received and accepted, or that the permit coverage is not eligible for termination (due to existing deficiencies) and has not been terminated.

We appreciate your attention to the terms and conditions of this general permit for aquatic resource alteration. If you have any questions, please contact Valerie McFall at (865) 606-3696 or by e-mail at valerie.mcfall@tn.gov.

Sincerely, Michael Atchley

Environmental Program Manager

Encl: NOC and copy of general permit

CC: Knoxville EFO Permit File

Mr. Herb Kupfer, Project Manger/ Landscape Architect, National Park Service, Herbert_Kupfer@nps.gov

Mr. Phillip Baigas, Environmental Scientist, WSP, phillip.baigas@wsp.com

Mr. Alan G. Sumeriski, Deputy Superintendent, alan_sumeriski@nps.gov http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1450