20110118 Ver 1_401 Application_20110211

C 1 1© 1 1 8
0 North Carolina Wildlife Resources Commission 0
14 January 2011
Ms. Tasha L. Alexander
Asheville Regulatory Field Office
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
A
160
U12@00YINN
FEB U 2 2011
Mr. Ian McMillan MM-WATEWAM
NCDENR, Division of Water Quality, 401 Unit *X4dANp=N0TERWAXH
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: NWP 27 Application for a N.C. Ecosystem Enhancement Program stream mitigation project on South Hominy
. Creek in Buncombe County, N.C.
Dear Ms. Alexander and Mr. McMillan,
Please find enclosed a completed Pre-Construction Notification application, mitigation plan, and construction drawings
for a stream mitigation project on South Hominy Creek in Buncombe County. The mitigation plan and construction
drawings provide a detailed description of existing conditions, reference reach data, channel design values, sediment
transport characteristics, erosion control practices, and construction sequence.
The N.C. Wildlife Resources Commission is proposing to preserve, restore, and enhance 5,800 linear feet of perennial
stream channel and 1.35 acres of wetlands. The goal of this project is to promote stable channel functions and improve in-
stream habitat quality using natural channel design methods. A new floodplain will be constructed at the existing bankfull
elevation and the riparian buffer planted with native herbaceous and woody plant material. This project site will be
protected with the establishment of a 16.44 acre permanent conservation easement.
The Commission has made an electronic funds transfer in the amount of $570.00 to the N.C. Division of Water Quality
to cover the water quality certification fee (Electronic Transfer Number 47790). Because the project reach is 5,800 linear
feet, we submitted payment for the "Major Water Quality Certification."
As part of the application package we have included an agent authorization letter signed by the N.C. Ecosystem
Enhancement Program that allows the Commission to act as their agent for obtaining necessary environmental permits. We
have also included and a letter of project concurrence from David McHenry; permit coordinator with the Commission. One
copy of the permit application and one copy of the mitigation plan have been sent to Mr. Kevin Barnett in the Asheville
Regional Office. Please send Mr. Barnett only the Triage Checklist for processing.
Please contact me if you have any questions regarding the PCN application, mitigation plan, or construction drawings. I
can be reached at 828452-6191 ext. 26 (office) or 828-506-8950 (cell).
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Enclosure(s)
Respectfully Submitted,
&;? Afk??
Scott Loftis, N.C. Wildlife Resources Commission
cc: Ms. Shannon Deaton, N.C. Wildlife Resources Commission
Mr. Kevin Barnett, N.C. Division of Water Quality, ARO
Ms. Susan Wilson, N.C. Division of Water Quality, ARO
® North Carolina Wildlife Resources Commission
MEMORANDUM
TO: Voucher Clerk via Director's Office
FROM: Shannon Deaton, Habitat Conservation Program Manager
DATE: 4 January 2011
SUBJECT: Electronic funds transfer request for a Section 401 water quality certification permit for
the Upper South Hominy stream mitigation site, Buncombe County.
An application fee of $570.00 is required by N.C. Division of Water Quality for a Section 401 water
quality certification permit. This application fee is for the Upper South Hominy stream mitigation project
in Buncombe County. This mitigation project exceeds the 150 feet cumulative impact threshold;
therefore, a fee of $570.00 is required (fee schedule attached).
Please issue authorization to have funds in the amount of $570.00 electronically transferred to the
N.C. Division of Water Quality (Federal Tax Identification No. 56-6000372). To allow Water Quality to
identify this transfer, please enter "401 Cert." in the RCGL field and "WRC - Upper South Hominy" in
the memo field of the transfer system. The mailing address for the N.C. Division of Water Quality is:
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Ian McMillan
The application fee should be coded as follows:
Cost Center # - 216296018022
Account # - 535890
Please notify Shannon Deaton, Division of Inland Fisheries, when the transfer has occurred so we
may include a confirmation of the transaction as proof of payment with the permit application. The
Division of Water Quality requires this as a part of the application package.
Applying for a Certification/Permit
Fees and Procedures
Fee Schedule
Applications received as of September 1, 2007 are subject to the following fee schedule:
Scale of impacts to wetlands', waters' and streams2
Schedule
Fee
Major' water quality applications: Greater than or equal to one acre of wetlands/waters
5570.00
AND/OR greater than or equal to 150 feet of streams (intermittent or perennial)
Minor' water quality applications: Less than one acre of wetlands/waters AND less than
150 feet of streams (intermittent or perennial)
Checks should be made payable to "N.C. Division of Water Quality."
1. Includes all wetlands and waters identified as Waters of the State, including 404 Wetlands, Isolated
$240.00
Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North
Carolina
2. Includes all streams claimed by the State of North Carolina. US Army Corps of Engineers stream categories
such as important /unimportant, or Relatively Permanent Waters are not relevant to this issue
3. The legislation refers to "major" and "minor' applications. These artificial categories refer to combined
impacts, and have no relationship whatsoever to the actual types of 401 Certifications and Isolated
Wetlands Permits (Individual and General). Fees are based strictly on the scope of impact, not on the type
of authorization requested. If you apply for a 401 Certification and an Isolated Wetlands Permit on a single
project, the impacts are added to determine the total application fee
Procedures:
• All applications must be accompanied by a check for the required amount. Payment must be made in full.
No applicants or projects are exempt from the fee requirement unless it is designated an Emergency
Watershed Protection project.
• If payment is not included with the application, the application will be returned to the applicant as
incomplete.
• If the correct payment is not included with an Individual or a CAMA permit application, a project file will
be created, but the applicant will receive a letter informing them that the project will not be processed
until the full payment is provided.
• Changes to an existing 401 Water Quality Certification or Isolated Wetlands Permit require a modification
to the certification /permit by DWQ. A fee is required with each issuance of a modification.
• A fee is required for each application submitted, so applicants are encouraged to include as many project
details and phases as possible in the initial application.
• If a project requires a CAMA permit, a separate payment for the 401 Certification is not required. The
Division of Coastal Management administers the fee for both the CAMA Permit and 401
Certification /isolated Wetlands Permit.
• No refunds will be issued for denied, modified or withdrawn certification requests. If DWQ or the U.S. Army
Corps of Engineers retires a project due to insufficient or inaccurate information, no refunds will be issued.
• Nationwide Permits or General Isolated Wetland Permits for minor wetland impacts or those without
wetland or stream fill that do not require written approval do not require payment of the fee. If an
applicant still chooses to submit an application in order to have written approval to file with their project
records, then the fee payment is required if wetland or stream fill is involved.
• wetland or stream fill that do not require written approval do not require payment of the fee. If an
applicant still chooses to submit an application in order to have written approval to file with their project
records, then the fee payment is required if wetland or stream fill is involved.
• Receipts for fees will only be sent upon written request.
• Stream impact will be calculated based on length rather than an area in all cases (regardless of Individual
versus Nationwide permit status or significant versus insignificant channel). This has been DWQs policy
since February 1997 but recently some confusion has developed with some applicants.
For more information, please contact Cyndi Karoly at 919-733-1786.
® North Carolina Wildlife Resources Commission
18 January 2011
Agent Authorization Form
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
N.C. Department of Environment and Natural Resources
Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
N.C. Department of Environment and Natural Resources
Division of Land Resources
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, N.C. 28778
The undersigned responsible party for the properties identified below, hereby authorizes the North Carolina
Wildlife Resources Commission to act as the agent in obtaining permits needed to conduct a stream restoration
project for the North Carolina Ecosystem Enhancement Program on the identified properties in Buncombe County,
N.C. Specifically, the Commission may act as the agent in obtaining environmental permits from the U.S. Army
Corps of Engineers, N.C. Division of Water Quality, and N.C. Division of Land Quality, which are needed to
accomplish this project.
Responsible Party
Address
Phone Number
Property Location and PIN #
Signature
Date
Jeff Jurek. North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
919-715-7571 •
Bianculli Property. PIN# 8684-39-3902-0000 DB 4558 PG 1670. DB 105 PG 64
Bianculli Property PIN# 8684-39-5549-0000 DB 4109 PG 745, DB 105 PG 64
Burra Property: PIN# 8685-30-9615-0000. DB 122 PG 88
Roberson: PIN# 8685-40-4114-000, DB 122 PG 89
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
20 1 10 1 1 8
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. A Heant Information
1. Processing
I a. Type(s) of approval sought from the
Corps: ® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. (1 Yes ® No
I g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Upper South Hominy Mitigation Site
2b. County: Buncombe
2c. Nearest municipality / town: Candler
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state North Carolina Ecosystem Enhancement Progam, Project No. 92632
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Joseph and Molly Bianculli, James H. Roberson, Lord Anne Bura, Julia A. Davis
3b. Deed Book and Page No. Bianculli DB122-PG63; Roberson DB122-PG89; Bura DB122-PG88; Davis DB120-
PG174
3c. Responsible Party (for LLC if
applicable):
3d. Street address: North Carolina Ecosystem Enhancement Program

1652 Mail Service Center
3e. City, state, zip: Raleigh, NC 27699-1652
3f. Telephone no.: 919-715-7571
3g. Fax no.:
3h. Email address: [e-mail]
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Shannon L. Deaton
4c. Business name
(if applicable): North Carolina Wildlife Resources Commission
4d. Street address: 1721 Mail service center
4e. City, state, zip: Raleigh, NC 27699-1721
4f. Telephone no.: 919-707-0222
4g. Fax no.: 919-707-0028
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Scott Loftis
5b. Business name
(if applicable): North Carolina Wildlife Resources Commission
5c. Street address: 20830 Great Smoky Mtn Expressway
5d. City, state, zip: Waynesville, N.C. 28786
5e. Telephone no.: 828-452-0422 ext 26
5f. Fax no.: 828-452-7772
5g. Email address: [e-mail]
B. Project Information and Prior Project History
1. Property Identification

1 a. Property identification no. (tax PIN or parcel ID): Joseph and Molly Bianculli PIN# 8684-39-3902-000, PIN#
8684-39-5549-0000; James H. Roberson PIN# 8685-30-
9615-0000; Lord Anne Bura PIN# 8685-30-9615-0000;
Julia A. Davis PIN# 8685.03-31-9537

1 b. Site coordinates (in decimal degrees): Latitude: 35.480704N Longitude: -
82.748157W
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 16.44 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: South Hominy Creek
2b. Water Quality Classification of nearest receiving water: C;Tr
2c. River basin: French Broad
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Upper South Hominy (USH) project site is in a watershed of forested, agricultural, and residental use. The rural
location of the project properties have supported small residential and farm uses. The riparian buffer ranges from
moderate aged woodlands to fescue pasture. Channel morphology is adequate with some portions of instability present.
Most channel work is meant to restore floodplain access.
3b. List the total estimated acreage of all existing wetlands on the property:
.1.35 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
5,800
3d. Explain the purpose of the proposed project:
The goal or purpose of the project is to improve ecological functions of the stream channels and riparian buffers for
NCEEP mitigation credits. project objectives will be to preserve, restore, and enhance channel and riparian functions on
5,800 linear feet of South Hominy Creek and tributaries. Wetland preservation and enhancement will occur on 1.35
acres. A total of 16.44 acres are protected under permanent easement held by the State of North Carolina.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will involve a range of mitigation approaches, including restoration, enhancement (levels I and 11), and
preservation.
Stream restoration will be performed on 1,856 linear feet of stream channels to repair unstable, altered, or degraded
conditions. Channel construction will be based on reference conditions to address dimension, pattern, and profile
adjustments to improve aquatic habitat and reduce erosion from unstable channel segments.
Stream enhancement level 1 (500 feet) will include improvements to the stream channels and riparian zones that restore
dimension and profile. Other practices that improve channel stability, water quality, and stream ecology may also be
incorporated.
Stream enhancement level 11 (2,363 feet) will include improvement of channel stability, water quality, and stream ecology
in accordance'with a reference condition but will leave the existing dimension and/or profile unchanged. Activities may
include stream bank sloping and bankfull bench construction. Removal of exotic invasive vegetation, replanting with
native vegetation, and livestock exclusion fencing will also be performed.
Project streams, wetlands, and their buffers will be protected in perpetuity through the establishment of a permanent
conservation easement.
The 1.35 acres of wetland habitat will be preserved and/or enhanced as part of the mitigation efforts.
The actions described above will require the use of track-hoes, bulldozers, and front-end loaders for grading bank
shaping, and structure building. Dump trucks will haul construciton and spoil materials on and off-site. Other specific
types of machinery such as a skid steer or other specialty equipment may be employed if needed.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? preliminary ? Final
of determination was made?
who delineated the jurisdictional areas?
If yes
4c Agency/Consultant Company: Clearwater Environmental
,
. Consultants Inc.
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete
this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Type of jurisdiction
Wetland impact
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
(acres)
h
Permanent (P) or (if known) er)
DWQ - non-404, ot
Temporary
®
Yes
Corps
®
001
<0
W1 ®P ? T 'Log grade control Riparian No ? DWQ .

W2 ®P ? T
*Log grade control
Riparian ®
Yes
0 No
® Corps
? DWQ
<0.001
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts
Comments: "For installation of log step structures to maintain grade control of outlet of wetlands areas. Log step structure
2h
.
not shown on plan drawings for outlet of wetland "D" but may be necessary for grade control as conditions during construction
warrant.

3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g•
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
length
t
ream
number - .(PER) or (Corps - 404, 10 s
width (linear
Permanent (P) or intermittent DWQ - non-404,
feet)
Temporary (T) (INT)? other) (feet)

Restoration 1,077

S1 ? P ®T feet;
Enhancement II
South Hominy
k
C
® PER
? INT
® Corps
? DWQ
25
2,748
1,171 feet ree
Enhancement 1
500 feet
S2 ? P ®T Restoration Bianculli Tributary
North (UT1) ® PER
? INT ® Corps
? DWQ 2 138
S3 ? P ®T Enhancement II Bianculli Tributary
South (UT2) ® PER
? INT ® Corps
? DWQ 3 654
S4 ? P ®T Restoration Bianculli Tributary
South (UT2) ® PER
? INT ® Corps
? DWQ 3 44
Roberson ® PER ® Corps
3
170
S5 ? P ®T Restoration Abandoned ? INT ? DWQ
Channel (UT2) -
Davis Unnamed ® PER ® Corps 5 538
S6 ? P ® T Enhancement II Trib 3 (UT3) ? INT ? DWQ
S7 ? P ®T Restoration Davis Unnamed
Trib 3 (UT3) ® PER
? INT ® Corps
? DWQ 5 426
? PER ? Corps
S8 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 4,718
?: ?,...,.,.e..+?• D-a- 2tinn Wai nnmr on a combined 1.085 feet of tributary channels
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
if there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary

01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts

4g. Comments:

5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.

6a. ? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g•
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required?
?Yes
B1 ?P?T ? No
? Yes
B2 ? P ? T ? No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts
Z r`nmmcnfc• _
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Only areas with active bank erosion and channel instability were targeted for restoration techniques with the use of heavy
equipment. The use of in-stream structures was minimized. Work within the existing channels was preferred over excavating
new channels. The length and location of haul roads were minimized.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All disturbed areas willl be covered with temporary and permanent seed mixes, straw mulch, and coir matting to reduce
erosion. Only the amount of stream bank that can be stabilized by the end of the work day will be disturbed. All staging areas
and soil stockpile areas will be on high ground and surrounded by silt fencing. Equipment will be inspected and maintained to
prevent any pollutants from leaking into surface waters. Additional sediment and erosion control practices will be
lemented when needed (see construction drawings for specifications). When new channels are constructed, work will be
im
p
done in the dry. Removal of non-native vegetation will be conducted by hand labor and not heavy equipment in high quality
areas.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres

4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b_ If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Reason for impact Total impact Multiplier Required mitigation
Zone (square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No
Comments:
2. Stormwater Management Plan

0
2a. What is the overall percent imperviousness of this project? 0.00
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project does not involve the addition
standards associated with it. This project is not subject
t have densit
d
f
y
oes no
ore,
of impervious development and there
to the NWP's that require submittal of a Stormwater Management Plan.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? Stormw
DDWQQ 401 Uniater Program
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Buncombe Co.
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
Which of the following state-implemented stormwater management programs apply
4a ? ORW
.
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. 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 ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS and NC Natural Heritage program (NCNHP) species listings for Buncombe Co., NCNHP mapping tools and
correspondence with the USFWS and NCWRC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Office of State Archeology, NC State Historic Preservation Office, National Register of Historic Places, Historic maps
from NC and Buncombe County were referenced, and field surveys were conducted by TRC staff. See Appendix C of the
mitigaiton plan for additional details.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
explain how project meets FEMA requirements: The project as proposed will not cause a rise in base flood
If yes
8b
,
.
elevations or an increase in encroachment widths at FIRM crossections not at unpublished sections in the project area
8c. What source(s) did you use to make the floodplain determination? NC DEM HEC-RAS and cross section shapefiles; NC
DOT Lidar Data, FEMA-NFIP maps.
Shannon L. Deaton, NCWRC n _ ` 14 Jan. 2011
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
Date
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
? North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
January 19, 2011
Ms. Tasha Alexander
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: TE Comments on Nationwide Permit for North Carolina Wildlife Resources Commission
South Hominy Creek Project, Buncombe County
Dear Ms. Alexander and Mr. McMillan:
The North Carolina Wildlife Resources Commission (Commission) is proposing to enhance, preserve,
and restore 5,800 feet of stream channels and 1.35 acres of wetlands in the South Hominy Creek
watershed. The project will generate credits for the North Carolina Ecosystem Enhancement Program. ]
am familiar with the project and the project area's resources. Comments from the Commission on this
permit action are provided under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
South Hominy Creek supports wild brown and rainbow trout at the project site. Construction in and near
the creek should be avoided during the trout spawning moratorium (October 15 - April 15). Work on
tributaries should be avoided during this period as well, but it may be acceptable provided it is
accomplished in the dry.
Most streams in the mountains of North Carolina need riparian trees and shrubs to remain stable.
Therefore, when stabilization projects are undertaken, existing and desirable riparian vegetation should be
preserved as much as possible and vegetation should be planted where it is sparse or absent. Grubbing
should be avoided in favor of select cutting and herbicide treatment where removal of invasive and
undesirable vegetation is undertaken and where grading is not needed.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
NCWRC, South Hominy Creek Page 2 January 19, 2011
Buncombe County
Unlike riparian areas, we recommend that some restored or enhanced wetlands, or portions of which, not
be planted with woody vegetation. Herbaceous wetlands that are not impacted by livestock or draining
are scarce in western North Carolina. Those that occur are often good habitat for a variety of wildlife
including migratory birds and possibly bog turtles. We have observed declines in bog turtle abundance in
some wetlands that experienced encroachment of woody vegetation following exclusion of livestock. A
mixture of both forested and herbaceous conditions in the large wetlands should increase the project's
wildlife benefits.
The Commission recommends that these conditions be followed with this project to help conserve fish and
wildlife resources:
1. In-stream work on South Hominy Creek must be avoided from October 15 to April 15 when trout
should be spawning. Work on tributaries should be avoided during this time as well, though may be
acceptable (preferably early in the moratorium period) provided it is accomplished in the dry.
2. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and
techniques can be used for bank stabilization. Materials must not be placed in the stream channels in
a manner that overly constricts flow or that impedes aquatic life during low water.
3. Rock, sand, or other materials must not be excavated from the stream channels except where
necessary to construct structures or to reestablish a natural channel according to reference
information. These materials are unstable in flowing-water and are unsuitable for bank stabilization.
4. Only existing and actively eroding areas can be stabilized. Grading and backfilling must be
minimized and tree and shrub cover retained where possible to ensure long term availability of stream
bank cover for aquatic life and wildlife.
5. Sediment and erosion control measures must be used and maintained until all disturbed soils are
permanently stabilized. All bare soil shall be seeded as soon as possible after ground disturbance and
erosion control matting used with seeding on disturbed stream banks. Matting should be secured with
stakes or, wherever possible, live stakes of native trees. Tall fescue must not be used along streams.
6. In-water excavation shall be conducted in dry work areas whenever practical by using sandbags or
other temporary diversion structures.
7. All heavy equipment operated near streams must be inspected and maintained regularly.
8. Disturbance of riparian vegetation shall be kept to a minimum. Where disturbance for temporary
access is necessary, trees and shrubs should be cut and the stumps and roots left to resprout.
Disturbed stream banks and the widest possible zone outward from the channel should be planted
with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow,
tag alder, black willow, sycamore). This will help provide long-term bank stability and stream
shading. Note, silky dogwood, silky willow, and black willow can be planted as live stakes collected
during the dormant season. Cuttings should be randomly planted on four (4) foot centers from the
waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers.
9. Livestock must be excluded from the mitigation areas.
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the
work site during or after construction. Please contact me at [phone] extension 24 if there are any
questions about these comments
NCWRC, South Hominy Creek Page 3 January 19, 2011
Buncombe County
Sincerely,
in
?44-1 .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Scott Loftis, NCWRC
Ms. Susan Wilson and Mr. K. Barnett, NCDENR, Division of Water Quality, ARO