20080925 Ver 1_Application_20080606

0 8- 0 9 2 5
ti11c 2008
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
ors ?-?'?c? ??f ??-?-?-?...

To Whom It May Concern:
?[g @ R BIN JUN 6 2008
DENR ??lA t{< i.vAu ; e
WETLANDS AND ST(?RMWATER BRANCH
Please accept this letter as an authorization for Blue Ridge Environmental
Consultants Inc. and its employees to be signatory agents in all matters
related to permitting applications.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
D C3 D
II. Applicant Information
Owner/Applicant Information
JUN 6 2008
Name: Jorge Martinez- Creek Side Pointe k Helton, LLC DENR-WATER ?,1-rY ?H
Mailing Address: 119 Fairwich Ct. WETLANDS A
Tavernier, FL 33070
Telephone Number: na Fax Number: na
E-mail Address: na
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Derek Goddard
Company Affiliation: BREC Inc.
Mailing Address: 162 Helen Court
Boone, NC 28607
Telephone Number: 828.265.4425 Fax Number:
E-mail Address: brec_nc(kbellsouth.net
III. Project Information
Updated 11/1/2005
Page 5 of 13
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
3
1. Name of project: Creek Side Pointe k Helton
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
Property Identification Number (Tax PIN): 06207-114
4. Location
County: Ashe Nearest Town: Lansing
Subdivision name (include phase/lot number): Creek Side Pointe k Helton
Directions to site (include road numbers/names, landmarks, etc.):
HWY 194 North thru Lansin to o Sturgis in the Helton Community. Take a left on Spencer's
Branch. Project is 2 miles on the left.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.57291 ON 81.50013 °W
6. Property size (acres)
41.644
7. Name of nearest receiving body of water: UT to Spencer's Branch
8. River Basin: New
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at Littp //h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Forest Agriculture, and Residential
Updated 11/1/2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
project is an after the Fact permit and restoration that seeks to install culvert pipe crossings
for road and lot access to a sub division. As specified in the attached plans. Excess pipe and
unnessasry impacts are to be removed and restored to natural conditions.
11. Explain the purpose of the proposed work: Subdivision road access
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impact will include 147 feet of
Culvert pipe for road access Temporary impacts will include the restoration of specified
channels that have excess pipe and impacts removed.
Updated 11/1/2005
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
o,-"aratPlV list im„artc iiTne to l,nth Stmotime,, and flnndinu_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
0

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
m„ct hp inl„dPd Tn cAe.iiinte ncreaue_ multinly length X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name V
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

1
Spencer's Branch
culvert
Perennial 3'
30
.0020
2 UT 2 culvert Perennial 97 .0022
3 UT 2 culvert Perennial 20 .0004

Total Stream Impact (by length and acreage) 147 .0046
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill exenvntinn dreduinu_ flnndinu_ drainage_ bulkheads. etc.
Open Water Impact v v Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
Updated 11/1/2005
Page 8 of 13
0
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0046
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0046
Total Stream Impact (linear feet): 147
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:- Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All possible erosion and sediment control BMPs will be installed to prevent sedimentation.
Equipment will work on high ground whenever possible. Pipes will be buried in the thalweg in
order to allow species passage. Pump arounds will be used to decrease potential for Turbidity. A
alternate plan is included and was dismissed due to potential larger impacts. The proposed plan
was scaled down from the previous plan.
Updated 11/1/2005
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.nc.us/ncwetIands,/strni?,,ide,htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Updated 11/1/2005
Page 10 of 13
website at http://h2o.enr.state.nc.us/wEp/index.htln. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Updated 11/1/2005
Page 11 of 13
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Property is primarily forest and agricultural lands.
XII. Sewage Disposal (required by DWQ)
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.
NA _
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ® No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North. Carolina Division of Water Quality policy posted on our website at
Imp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
Updated 11/1/2005
Page 12 of 13
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Copy sent to NCWRC. After The Fact Permit Application
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
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Map Unit Description (Brief, Generated)
Ashe County, North Carolina
[Minor map unit components are excluded from this report]
Map unit: EvF - Evard loam, 25 to 45 percent slopes
Component: Evard (80%)
The Evard component makes up 80 percent of the map unit. Slopes are 25 to 45 percent. This component is on mountains, mountain
slopes. The parent material consists of creep deposits over residuum weathered from igneous and metamorphic rock. Depth to a root
restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is
moderately high. Available water to a depth of 60 inches is moderate. Shrink-swell potential is low. This soil is not flooded. It is not
ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 3
percent. Noninigated land capability classification is 6e. This soil does not meet hydric criteria.
USA Natural Resources
Tabular Data Version: 7
Conservation Service Tabular Data Version Date: 01/15/2008
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5LOPE BREAK OR BENCH
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WAVER ELtVNArtON 111= I i Im
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PROFILE VIEW
• LIVE STAKES INSTALLED IN BANK
WTTH DEAD-BLOW HAMMER
• 415 OF STAKE IN GROUND
• BUDS ORIENTED UPWARDS
. 3' CENTER5 (APPROX.)
• CUT EXPOSED END OF LIVE STAKE
AFTER INSTALLATION IF DAMAGED
DUE TO INSTALLATION
(I.e. damaged Bart, spirt ends, etc.)
LIVE STAKE PLANTING DETAIL
(NOT TO 5CALE)
air
_ ?rrw w. wa .:.r
ia?•Y a. ti4 ase
A-
Temporary Silt Fence
51LT FENCE
I 2 3
OF- PlariGrg Place bare-root Clom hole With
hole With seedhng m hole - Shovel or AWgen
Shovel m Auger root collar at m ar space
surface around roots
BARE-ROOT 5EEDLING
PLANTING DETAIL
(NOT TO 5CALE)
Spoil Area and Temnorarv Seeding Requirements
1. 4,000 lbs of agricultural lime per acre
2. 1000 lbs of 10-10-10 fertilizer per acres
3. 100 lbs of Kentucky Blue Grass per acre
4.30001bs straw mulch per acre
5.200 Lbs of Annual Rye Grass
6.25 Lbs of Riparian Mix
Ground Cover Maintenance Requirements
1. Reseed as necessary
2. 400 Lbs of 10-10-10 fertilizer per acre per year
3.2000 Lbs of agricultural lime per acre every 3-5 years
Riparian Restoration Specifications
1. No less than a 20 Foot wide buffer will be
established along the affect reach
2. A Minimum density of 320 stems per acre
will be strictly adhered too.
3. Native Bare Root, 1, and 2 gallon species will be installed.
4. To achieve bio-diversity at least 8 different species
from the List included will be installed.
5. 100% coconut or like quality RECP will be installed to
standard detail.
BANK OR BENCH
COIR MATTING
BA-5t FLOW I T=1 I I
WAT ELEVATION
_I 1111'11 1111
-1 -I -I I I I I 11 I I I_, III 12• ECO-STAKED
24'ECO-STAKEM
PROFILE VIEW
TRENCHED TOF OF MATTING TO A
DEPTH OF AT LEAST 12'. STAKE
• MINIMUM 2' CENTERS ALONG BOTTOM 12' ECO-STAKES® INSTALLED IN BANK
OR STAPLE IN PLACE. { B=11.1. • MINIMUM 1' OVERLAP AT JOINING FL(19h WITH COIR MATTING ABOVE
TO DESIGN GRADE SECTIONS OF COIF MATTING BOTTOM ROW OF 24' ECO.5TAXE50
MINIMUM 24' ECO-5TAKE50 1500-STAKES® SPACED AT
INSTAUEQ ALONG TOE OF MATTING MAXIMUM 3' CENTERS (APPROX.)
Orrtercept between carter xaface and bar?J COI R MATTING DETAIL BOTH DIRECTIONS
Native Riparian Species
Aesculus octandra Alnus serrulata Arisaema triphyllum
yellow buckeye to alder jack-in-the ul it a
Betula lenta Amelanchier arborea Asclepias incamata
the birch serviceberry swamp milkweed
Betula nigra Aronia arbutifolia Carex crinata
river birch red chokeberry fringed sedge
Carya cordiformis Asimina triloba Carex intumescens
bitternut hickory common pawpaw bladder sedge
Carya ovata Calycanthus iloridus Carex lupulina
shagbark hickory sweet-shrub hop sedge
Diospyros virginiana Carpinus caroliniana Carex lurida
persimmon ironwood lurid sedge
Fraxinus pennsylvanica Comus altemifolia alternate leaf Carex scoparia
green ash dogwood broom sedge
Halesia caroliniana silverbell Comus amomum Carex stricta
silky dogwood tussock sedge
Nyssa sylvatica Corylus americana hazel-nut Carex vulpinoidea
black um fox sedge
u s occidenta/is Hamamelis virginiana Chelone glabra
ore
= witch-hazel turflehead
Prunus serotina Ilex verticillata Cyperus strigosus
black cherry winter berry umbrella sedge
Salix nigra Leucothoe axillaris doghobble Elymus hyshVx
black willow bottlebrush grass
Tilia heterophylla Lindera benzoin spicebush Eupatorium fistulosum
white basswood Joe- a-weed
Lyonia ligustrina Eupatorium perfoliatum
male-berry boneset
Magnolia tripetala Impatiens capensis
umbrella tree jewel-weed
Physocarpus opulifolius Juncus eflusus
ninebark soft rush
Rhododendron periclymenoides Leersia oryzoides
wild azalea rice cutgrass
Rhododendron viscosum Lobelia cardinalis
swam azalea cardinal flower
Rosa palustris Lobelia siphilitica
swam rose great blue lobelia
Salix sericea Ludwigia altemifolia
silky willow bushy seedbox
Spirea latifolia Panicum virgatum
meadowsweet switch grass
Symplocos tinctoria Polygonum sagittatum
sweet leaf tearthumb
Viburnum cassmoides Scirpus atrovirens
blithe-rod green bulrush
Channel Restoration and Notes and Details
- All Rip- Rap aprons will be removed
- Coir Matting will be used on all restored Channels
- Temporary and permanent herbaceous cover will be
established in Accordance with Attached Specifications.
- Native Woody vegetation will be establish as to achieve
a density of 900 shrubs and 400 Trees's per acre.
- BREC Inc. Staff will be on site at all times during the
impact removal and restoration to ensure permit
compliance and proper field engineering.
-On site natural stone material will be used to provide
grade control (seals) as needed following removal of
excess pipe.
- No restored stream will be outleted on fill material.
(NOT TO SCALE)
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Blue Ridge Environmental Consultants, InC. Date Revision Description
162 Helen Court I Boone, NC 28607 1 TEL [phone] WEB http://brec.biz
Creekside Pointe at Helton
1:200 Landscape Plansheet