20220160 Ver 1_More Info Received_20220323 (2)

Annino, Amy M
From: Jennifer Robertson <[e-mail]>
Sent: Wednesday, March 23, 2022 5:43 PM
To: Annino, Amy M
Cc: David Brown ([e-mail]); Leslie, Andrea J; Aiken, Stan E; Walker,
Fred; Alvin Fuller; Jacob Sinclair
Subject: [External] RE: DWR 20220160 Norton Creek Silversteen Park - Additional Information
Request
Attachments: Norton Creek DWR Add Info Package.pdf
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Amy,
Attached is our response to your items below.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, INC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ONMENTAL
From: Annino, Amy M <[e-mail]>
Sent: Wednesday, March 9, 2022 9:19 AM
To: Jennifer Robertson <[e-mail]>
Cc: David Brown ([e-mail]1) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Aiken, Stan E <[e-mail]>; Walker, Fred <[e-mail]>
Subject: DWR 20220160 Norton Creek Silversteen Park - Additional Information Request
On January 25, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. On February 1, 2022, the Division received the required
fee. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
For all proposed in -stream structures, channel modifications, and streambank modifications: Provide the
proposed longitudinal slope and a proposed cross-section with dimensions including channel cross -sectional
area, bottom width, top width, streambank slopes, and channel depth. Provide justification for the proposed

channel dimensions based on reference reach information or stable dimensions upstream and downstream of
the impact area. Size the channel appropriately to prevent future channel aggradation or degradation. Show all
areas where the streambank will be graded to achieve a different slope. [15A NCAC 02H .0506 (b)]
Please show on the site plan the type, location, and extent of vegetation proposed to stabilize the streambanks
after restoration. Please call out specifically the use of coir matting on the plan set.
Per condition II. 8 of Water Quality Certification 4249 and condition II. 8 of Water Quality Certification 4255, all
work in or adjacent to streams shall be constructed so that the flowing stream does not come in contact with
the disturbed area. Therefore, dewatering methods will be necessary to temporarily dewater the stream
channel during pipe installation. Please provide a construction sequence that details the method of dewatering
to be utilized at the site and the sequence of construction events to be followed to ensure compliance with this
condition. In addition, please ensure that the location of the temporary impacts are shown on the construction
drawings and clearly indicated in the revised impact table. [15A NCAC 02H .0506(b)(1) and 15A NCAC 02H
.0502(a) and (c)]
4. Per condition II. 11 of Water Quality Certification 4249, placement of culverts and other structures in waters
and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48-inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life. Provide justification if the proposed culvert
installations do not meet this condition. [15A NCAC 02H .0502(a) and (c)]
On February 25, 2022, the Division of Water Resources' Water Quality General Certification No. 4255 (see attached),
which corresponds to the USACE NWP 27, became effective. On February 25, 2022, the Division of Water Resources'
Water Quality General Certification No. 4249 (see attached), which corresponds to the USACE NWP 18, became
effective. These Certifications replace the previous Certification No. 4134 and No. 4139 and requires the addition of a
30-day electronic public notice period in accordance with 15A NCAC 02H .0503(b). This project will be on hold with DWR
until the public notice comment period ends on April 7, 2022.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by April 11, 2022. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4656 office
984 232 1222 mobile
amy.anninoa-ncdenr.gov
fD7: �. E Q
Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.

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March 22, 2022
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
Attn: Ms. Amy Annino
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Re: Norton Creek Silversteen Park
SWR 20220160
Applicant: City of Brevard
Additional Information Request
Amy,
The following comments are being provided on behalf of the applicant, the City of Brevard, for
the Norton Creek Silversteen Park stream restoration project to address your additional
information request dated March 09, 2022. Figures and maps have been attached after this
document for your reference relating to items 1-4 below, where applicable. Additionally, please
find attached the Corps 404 NWP 27/18 permit verification and WRC comments indicating no
trout moratorium for the project. Atlas will be including WRC Comments into the restoration
activities to minimize impacts to fish and wildlife resources.
For all proposed in -stream structures, channel modifications, and streambank
modifications: Provide the proposed longitudinal slope and a proposed cross-section
with dimensions including channel cross -sectional area, bottom width, top width,
streambank slopes, and channel depth. Provide justification for the proposed channel
dimensions based on reference reach information or stable dimensions upstream and
downstream of the impact area. Size the channel appropriately to prevent future
channel aegradation or degradation. Show all areas where the streambank will be
graded to achieve a different slope. [15A NCAC 02H .0506 (b)]
The design of the restoration reach is based on a surveyed reference reach within the same
physiographic setting as Norton Creek. Both channels are located within the Upper French
Broad River basin and are characterized by unconfined valleys consisting of alluvial deposition
and terraces which are underlain by Paleozoic metamorphic schist and gneiss bedrock. The
surveyed reaches were not bedrock controlled. The upstream and downstream reaches of
Norton Creek were determined to not be suitable for surveys as reference reaches. The
channel characteristics of the reference reach, Hooker Creek, located in Dupont State
Recreational Forest, were incorporated into the design of the restoration reach of Norton Creek.
The channel morphology, including dimension, pattern, and profile, of the restoration reach of
Norton Creek was designed to be stable based on the controlling channel variables of flow
regime, sediment regime, and boundary conditions to achieve the goals of the project.
ATLAS Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

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Hydrologic modeling using various 2-dementaional resistance equations were used to calculate
discharge and size the bankfull channel appropriately. The channel dimensions (low flow
width/depth, inner berm area, bankfull width/depth, flood prone area, entrenchment ratio, and
additional variables) which were included within Appendix E of the "Norton Creek Stream
Restoration" were further modeled to ensure that sediment competence and capacity would not
results in aggradation or degradation within the restoration reach. Please reference pages 115
— 122 for the longitudinal profile and cross -sectional dimensions. The restoration reach is sized
appropriately to prevent future channel aggradation or degradation. The sizing and dimensions
are based on the surveyed Hooker Creek reference reach (upstream and downstream reaches
are not typically recommended). It is also necessary to clarify that the proposed grade control
structures are not installed for the purpose of creating a pool but for setting the elevation of the
head of the run and for setting the slope of the riffle so that natural pool development can
occur without head -cutting upstream. It is unfortunate that common practice in stream
restoration is to use grade control structures to account for elevation change within results in
backwatering of riffles. The longitudinal profile of the grade control structures will mimic the
slope and dimensions of the low flow channel and will tie into the bankfull elevation. It is
unfortunate that common practice in stream restoration is to use grade control structures to
account for elevation change within results in backwatering of riffles.
All of the stream banks will be graded to achieve a different slope except for the downstream
144 linear feet of the left bank. All of the currently existing stream banks are vertical, with little
to no surface protection, and are actively eroding as depicted in the site photographs.
Additionally, the bi-modal sediment distribution shown on the current conditions pebble count
indicate high lateral instability as a result of floodplain abandonment from entrenchment due to
land management practices. The lower 144 liner feet of the left bank are owned by a
landowner who did not want to participate in the stream restoration due to tensions with the
City of Brevard. These banks may be gently manipulated to allow for vegetative surface
protection but will not be relocated. See the attached map which shows the existing channel
location and the proposed restoration. Please note the large variation in channel width
indicative of lateral instability.
2. Please show on the site plan the type, location, and extent of vegetation proposed to
stabilize the streambanks after restoration. Please call out specifically the use of coir
matting on the plan set.
The banks of the restoration reach will be stabilized as construction is completed. Once the
final grade and shape of the banks are completed the ground surface will be stabilized.
Immediate and temporary ground stabilization will be achieved by the spreading of rye seed at
a rate of 120 Ibs/acre. They rye will also act as a cover crop for the germination of the
permanent ground cover. Long term stability will be achieved by the application of native seed
mixtures from Ernst Seeds. In the designed wetland areas, for water quality and flood control,
and along the bankfull elevation the seed mix will be the "NC Mountains FACW Mix" which
ATLAS Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

consists of native herbaceous vegetation such as Sedges, Rushes, and woolgrass. This mix will
be applied at a rate of 20 Ibs/acre. Riparian areas, outside of the designed wetlands and higher
on the banks, the seed mixture will be the "NC Mountains Riparian Mix" which consists primarily
of native warm season grasses which can tolerate occasional flooding. This mix will be applied
at 20 Ibs/acre. Once the seeds have been applied for temporary and permanent stabilization
coir matting will be rolled loosely onto the completed surface. Two rows of coir matting will be
staked down, with the upper edge of the lower row being staked over top of the lower edge of
the upper row, to prevent erosion of the surfaces prior to germination. Coir matting is
preferred for ground stabilization along channels due to the products decomposition, limited
wildlife entrapment, and aesthetics. The stakes to hold down the coir matting rows will be
hardwood stakes. Please see the included attachment for the planting zones and coir matting
locations.
3. Per condition II. 8 of Water Quality Certification 4249 and condition II. 8 of Water
Quality Certification 4255, all work in or adjacent to streams shall be constructed so
that the flowing stream does not come in contact with the disturbed area. Therefore,
dewatering methods will be necessary to temporarily dewater the stream channel
during pipe installation. Please provide a construction sequence that details the method
of dewatering to be utilized at the site and the sequence of construction events to be
followed to ensure compliance with this condition. In addition, please ensure that the
location of the temporary impacts are shown on the construction drawings and clearly
indicated in the revised impact table. [15A NCAC 02H .0506(b)(1) and 15A NCAC 02H
.0502(a) and (c)]
As described in section 8 of the provided "Norton Creek Stream Restoration" plan all work will
occur "in the dry" by using de -watering methods. Working in the dry was proposed due to the
regulatory requirement including the Water Quality Certification conditions referenced above. A
variety of temporary de -watering methods may be used depending on the site conditions and
work area including sheet pile coffer dams, jersey barrier, non -erodible berms, and pump
around zones. Pump around zones are the least desirable of the de -watering methods and
have been shown to negatively impact benthic macro invertebrates, newts, and salamanders
when compared to other methods. The construction will begin by identification of various field
personnel, safety procedures, and by marking access roads and stockpile areas. The stream
corridor with then be marked by either flagging, marking paint, or stakes to identify areas of cut
and fill for the channel bed, banks, and floodplain locations. Depending on the modification
needed one of the previously listed temporary de -watering methods will be selected to provide
the least mobilization of sediment and least impact to aquatic life. Once the de -watering
method is installed to allow working in the dry any aquatic organisms including fish and
salamanders will be relocated to prevent additional biological impact. No long-term piping or
off -channel diversion for de -watering is proposed and the de -watering areas will only occur at
the locations which can be completed during that workday. It is possible that various methods
of dewatering will occur during any particular day to provide the least damaging approach.
There will be no temporary pipes, culverts, or rip -rap used during construction. No temporary
ATLAS Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

impacts are being proposed outside of the scope of the active construction covered under NWP
27/GC4255. The construction of the restored channel will begin at station 0+00 Ft and
progress in a downstream direction to 5+07.87 Ft. It is anticipated that the construction of the
restored channel will progress at a rate of 50 — 100 linear feet per day. At the end of each
workday all exposed areas will be stabilized as describe in section 2 of this additional
information submission. Any temporary in -channel diversions/ dewatering methods will be
removed.
4. Per condition II. 11 of Water Quality Certification 4249, placement of culverts and other
structures in waters and streams must be below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48-inches, and 20 percent of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life. Provide justification if the proposed culvert
installations do not meet this condition. [15A NCAC 02H .0502(a) and (c)]
The proposed culvert installation along the downstream extent of the restoration reach will be
buried according to the requirements above. The culvert to be installed is listed as Impact S1
in the PCN and is proposed as 20 linear feet. The sizing of the culvert (diameter) has been
selected by the engineer based on the results of a flood study and based on the diameter of the
existing culvert. A construction typical diagram of the culvert installation is included with this
additional information package.
Best regards,
je4w4e" 6�1&kz VA0_'
Jennifer L Robertson, President
J Robertson (a)atlasenvi. com
And,
Jacob Sinclair, P.G., PWS
Senior Environmental Specialist
isinclair(a)atlasenvi.com
ATLAS Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

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3/22/22, 8:44 AM
NC Mountains FACW Mix - Ernst Conservation Seeds
ERNST
' SEEDS
NC Mountains FACW Mix
Mix Composition
50.0% Carex vulpinoidea, PA Ecotype (Fox Sedge, PA Ecotype)
23.0% Elymus virginicus, AR Ecotype tVirginia Wildrye, AR Ecotype)
16.1% Carex lurida, PA Ecotype (Lurid Sedge, PA Ecotype)
3.0% Juncus effusus, Coastal Plain NC Ecotype (Soft Rush, Coastal Plain NC Ecotype)
2.0% Heliopsis helianthoides, PA Ecotype (Oxeye Sunflower, PA Ecotype)
1.5% Asclepias incarnata, PA Ecotype (Swamp Milkweed, PA Ecotype)
1.0% Helenium autumnale, Northern VA Ecotype (Common Sneezeweed, Northern
VA Ecotype)
1.0% Vernonia noveboracensis, PA Ecotype (New York Ironweed, PA Ecotype)
0.5% Aster puniceus, PA Ecotype (Purplestem Aster, PA Ecotype)
0.5% Eupatorium perfoliatum, PA Ecotype (Boneset, PA Ecotype)
0.5% Glyceria striata, PA Ecotype (Fowl Mannagrass, PA Ecotype)
0.3% Mimulus ringens, PA Ecotype (Square Stemmed Monkeyflower, PA Ecotype)
0.3% Rhexia virginica, Coastal Plain NC Ecotype (Virginia Meadowbeauty, Coastal
Ecotype)
0.3% Scirpus cyperinus, Coastal Plain NC Ecotype (Woolgrass, Coastal Plain NC
Ecotype)
General Product Information:
Mix formulations are subject to change without notice depending on the
availability of existing and new products. While the formula may change, the
guiding philosophy and function of the mix will not.
Item Number: ERNMX-305
Product Categories:
Wet Meadows & Wetlands
Height: 0.3 - 6.0 Ft
Seeding Rate: 20 lb per acre with a
Price: $44.41/Lb
https://www.ernstseed.com/producttnc-mountains-facw-mix/?anchor-127 1 /2

3/22/22, 8:44 AM
NC Mountains FACW Mix - Ernst Conservation Seeds
cover crop. For a cover crop use either
grain rye (30 lbs/acre; 1 Sep to 31 Apr)
or Japanese Millet (10 lbs/acre; 1 May
to 31 Aug)
Ernst Conservation Seeds, Inc. 18884 Mercer Pike, Meadville PA 16335
2022. All Rights Reserved.
Cookie Settings
https://www.ernstseed.com/producttnc-mountains-facw-mix/?anchor-l27 2/2

3/22/22, 7:55 AM
NC Mountains Riparian Mix - Ernst Conservation Seeds
ERNST
' SEEDS
NC Mountains Riparian Mix
Mix Composition
23.0% Panicum virgatum, 'Carthage, NC Ecotype (Switchgrass, `Carthage', NC
Ecotype)
23.0% Sorghastrum nutans, PA Ecotype (inaiangrass, PA Ecotype)
20.8% Andropogon gerardii, 'Prairie View'-INEcotype (Big Bluestem, `Prairie View' -
IN Ecotvve)
20.0% Elymus virginicus, PA Ecotype (Virginia Wildrye, PA Ecotype)
3.0% Chamaecrista fasciculata, PA Ecotype (Partridge Pea, PA Ecotype)
3.0% Rudbeckia hirta (Blackeyed Susan)
2.0% Asclepias incarnata, PA Ecotype (Swamp Milkweed, PA Ecotype)
1.0% Helenium autumnale, Northern VA Ecotype (Common Sneezeweed, Northern
VA Ecotype)
1.0% Heliopsis helianthoides, PA Ecotype (Oxeye Sunflower, PA Ecotype)
0.7% Pycnanthemum tenuifolium (Narrowleaf Mountainmint)
0.5% Aster puniceus, PA Ecotype (Pi irplestem Aster, PA Ecotype)
0.5% Eupatorium perfoliatum, PA Ecotype (Boneset, PA Ecotype)
0.5% Monarda fistulosa, Fort Indiantown Gap -PA Ecotype (Wild Bergamot, Fort
Indiantown crap -.PA Ecotype)
0.5% Solidago odora, PA Ecotype (Licorice Scented Goldenrod, PA Ecotype)
0.5% Vernonia noveboracensis, PA Ecotype (New York Ironweed, PA Ecotype)
General Product Information:
This mix of grasses and grass -like species will tolerate occasional flooding and
provide food and cover for native game birds in the NC Mountain region. Mix
formulations are subject to change without notice depending on the
availability of existing and new products. While the formula may change, the
guiding philosophy and function of the mix will not.
https://www.ernstseed.com/producttnc-mountains-riparian-mix/?anchor-11 1 /2

3/22/22, 7:55 AM NC Mountains Riparian Mix - Ernst Conservation Seeds
Item Number: ERNMX-304
Product Categories:
Riparian Sites Price: $26.43/Lb
Height: 1.0 - 7.0 Ft
Seeding Rate: 20 lb per acre with a
cover crop. For a cover crop use either
grain rye (30 lbs/acre; 1 Sep to 31 Apr)
or Japanese Millet (10 lbs/acre; 1 May
to 31 Aug)
Ernst Conservation Seeds, Inc. 18884 Mercer Pike, Meadville PA 16335
2022. All Rights Reserved.
Cookie Settings
https://www.ernstseed.com/producttnc-mountains-riparian-mix/?anchor-11 2/2

Extent of Coir matting:
From low flow channel to outer brown line.
All areas of coir matting (except for
wetland areas) will be seeded with Ernst
NC Riparian Seed Mix
Dark Green Line:
Woody Vegetation planting area
of potted Dogwoods and
balled/burlapped Red Maples.
\reas outside the coir matting will
include permanent herbaceous
vegetation of grasses and be
stabilized with straw mattina
GRAPHIC SCALE
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( IN FEET )
I inch = 40 ft.
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NC Mountain FACW
Ernst Seed Mix
(Proposed Culvert Extension)
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INLET AT
ORIGINAL STREAM
BED ELEVATION
OUTLET AT
ORIGINAL STREAM
BED ELEVATION
CULVERTS MUST BE PLACED BELOW THE ELEVATION OF THE
STREAMBED BY ONE FOOT FOR CULVERTS WITH A DIAMETER
GREATER THAN 48 INCHES, AND 20 PERCENT OF THE CULVERT
DIAMETER FOR CULVERTS OF LESS THAN OR EQUAL TO 48 INCHES,
TO ALLOW LOW FLOW PASSAGE OF WATER AND AQUATIC LIFE
AT LEAST 12"
OF FILL ABOVE
CULVERT
NATIVE STREAM
BED MATERIAL
NOT TO SCALE
Construction Typical
AQUATIC LIFE PASSAGE 5 Q
Embedded Culvert Placement RONM)EENTAL

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2022-00272 County: Transylvania U.S.G.S. Quad: Brevard
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: City of Brevard 1 Attn.: David Lutz
Address: 232 Cashiers Valley Road
Brevard, NC 28712
Telephone Number: 828-884-2171, ext. 4
Email: [e-mail]
Size (acres): 1.19 Nearest Town: Brevard
Nearest Waterway: Norton Creek Coordinates: 35.23422,-82.74298
River Basin/HUC: Upper French Broad (06010105)
Location description: The project site is located on a tract of land (PIN 8586-21-5192-000) known as Silversteen Park, northwest
of the intersection of Hillview Street and Mills Avenue in Brevard, Transylvania County, North Carolina.
Description of projects area and activity: This permit verification authorizes 508 linear feet of permanent stream impacts to
Norton Creek associated with stream restoration activities and 20 linear of permanent stream impacts to Norton Creek
associated with extending an existing culvert.
Notes:
1. Your project must meet the requirements of regional condition B9 for installation of culverts (see attached NWP). These
requirements define measures which promote the safe passage of fish and other aquatic organisms and are to be included
in the construction/installation of culverts.
2. Per comments from North Carolina Wildlife Resources Commission, regional condition A2 of the attached NWP is waived
for this project. Work in waters at this location can be conducted between October 15 and April 15 during the trout
waters moratorium.
3. Your project is located within the FEMA designated 100-year floodpiain. The project must meet the requirements of
general condition 10 for fills within 100-year floodplains and must comply with applicable FEMA-approved state and
local floodplain management requirements.
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. NWPs 18 and 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 and your submitted application and attached information dated January 26, 2022. 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 [phone]) to determine Section 401 requirements.

CESAW-RG-A 2022-00272
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), 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. 4232 or [e-mail].
C
Corps Regulatory Official: ' I��-
7— -
Date: March 22, 2022
David Brown
Expiration Date of Verification: March 14, 2026
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 ht!2s://regulatory,ops.usace.army.mil/customer-service-suue/.
Copy furnished (by email):
Atlas Environmental, Inc., Jennifer Robertson, [e-mail]

CESAW-RG-A 2022-00272
Action ID Number: SAW-2022-00272
Permittee: City of Brevard / Attn.: David Lutz
Project Name: Silversteen Park Stream Restoration
Date Verification Issued: March 22, 2022
Project Manager: David Brown
County: Transylvania
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.: David Brown
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

® North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
February 25, 2022
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Stream Restoration on Norton Creek at Silversteen Park
Norton Creek, Transylvania County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to restore 508 ft and culvert 20 ft of Norton Creek in Transylvania County. Our
comments on this application are offered for your consideration under provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d).
Wild trout reproduction should not be impacted by project activities, and in -stream work does
not need to be avoided during the trout moratorium.
The project involves the stabilization of an eroding reach of stream with log vanes and rock
vanes, constructed riffles, bank sloping, and riparian planting. Work will be done in the dry.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. Be vigilant with sediment and erosion control during site staging, construction, and cleanup.
Disturbed areas should be stabilized as soon as possible, preferably at the end of each day.
2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. We recommend planting a woody buffer as wide as possible of (at least 30 feet in width) to
ensure project success. A wide forested buffer can ensure greater bank stability, filter
overland pollutants, and provide habitat for birds and other wildlife. We also urge the
applicant to consider diversifying the woody plant list with additional native species beyond
red maple, flowering dogwood, and silky dogwood.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Silversteen Park Page 2 February 25, 2022
Norton Cr, Transylvania Co
4. No specifications on temporary seeding are provided. We recommend against any Fescue
(except Creeping Red Fescue) based mix.
Thank you for the opportunity to review and comment on this project. Please contact meat
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Jennifer Robertson, Atlas Environmental
Andrew Moore, NC Division of Water Resources