20081185 Ver 1_Application_20080801

KCI
TECHNOLOGIES

Transmittal Letter
ENGINEERS ? SURVEYORS ? SCIENTISTS ? CONSTRUCTION MANAGERS
LANDMARK CENTER II, SUITE 220 ? 4601 SIX FORKS ROAD ? RALEIGH, NC 27609 ? 919-783-9214 ? (FAX) 919-783-9266
Date: July 31, 2008 P A I
08 1 1 8 5
Company: North Carolina DENR Project: Dog Bite Site D L ( O V
Division of Water Quality Stream Restoration M P
AUG 1 _ 2008
Contact: Eric Kulz
Subject: 401 Permit WATER euAUTv
WETLANDS AND STORNIWATER BRANCH
Number of Items Description
1 401 Fee (Check for $570)
1 EEP Approval Letter
5 PCN
5 Restoration Plan
? In accordance with your request
? For your review
® For processing
? Plans reviewed and accepted
? Plans reviewed and accepted as noted
? For revision by you
? For your use/files
? Please call when ready
? Please return to this office
? Approval requested
? Conference requested
at your convenience
Comments: Please see the enclosed PCN and restoration plan for the Dog Bite Site Stream
Restoration, a full-delivery stream restoration project developed for the EEP. Please contact
me with any questions. Thanks, Adam
cc: File
44 vt_ a
Adam Spiller
Environmental dentist
KCI TECHNOLOGIES, INC. www.kci.com
Employee-Owned Since 1988

1r-
c% STU11
July 16, 2008 PROGRAM
Gary Mryncza
Project Manager
KCI Technologies, Inc.
4601 Six Forks Road, Suite 220
Raleigh, NC 27609
Subject: Restoration Plan for Dog Bite Creek Stream Restoration Project
French Broad River Basin - CU# 06010108
Mitchell County, North Carolina
Contract No. D06056-A
Dear Mr. Mryncza:
On July 11, 2008, KCI Technologies (KCI) submitted the Dog Bite Creels Stream Restoration
Plan to the Ecosystem Enhancement Program (EEP) for review and comment. The plan
proposes to restore 3,718 existing linear feet (lf) of tributaries to White Oak Creek. Natural
channel design approach will be employed using reference reach and regional curve data for
developing design parameters. An onsite meeting with KCI and EEP was held July 1, 2008.
The EEP has completed its review of the restoration plan and has no additional comments at this
time. Please proceed with acquiring all necessary permits and/or certifications and complete the
implementation of the earthwork. portion of the mitigation project (Task 4). A copy of this letter
should be included with your 401/404 permit applications.
For the purpose of obtaining approval of the erosion and sedimentation control plan for this
project, I have also attached a memorandum confirming that KCI is the Owner and Financially
Responsible Party, and has full operational control for all matters pertaining to construction of
this project. Please sign and attach this memorandum to the Financial Responsibility/Ownership
form of the erosion and sedimentation control plan application. Failure to do so may delay
approval of the plan.
Sincerely,
Guy C. ce
EEP Full Delivery Program Supervisor
cc: File
ZT2
MCDENR
North Carolina Ecosystem Enhancement Program, 1652 flail Service Center, Raleigh, N( 27699-1652 / 919-715-0476 / www.nceep.net
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 08 1 1 8 5
kir any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. 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: 27
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 ?a nn
U
II. Applicant Information AU G 2008
1. Owner/Applicant Information D j4K - Sj , MWATER gRWCH
Name: KCI Technologies Inc. WE
Mailing Address: 4601 Six Forks Rd, Suite 220
Raleigh NC 27609
Attn: Adam Spiller
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aspiller(apkci.com
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Updated 11/1/2005
Page 5 of 13
III. Project Information
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.
1. Name of project: Dog Bite Stream Restoration Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0873-00-61-3570
4. Location
County: Mitchell Nearest Town: Bakersville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): To reach the site from
Raleigh, proceed west on I-40 for approximately 200 miles Then take exit 86 for NC 226 towards
Shelby/Marion. Take a right onto NC-226 traveling north Follow NC-226 through Marion and
Spruce Pine. Just before reaching Bakersville make a right onto White Oak Rd Follow White Oak
Rd for approximately 1.5 mile and then make a left onto Wilson Dairy Rd The road will dead end
end at the Wilson property and the Dog Bite Site is on the left
5. 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): 35.9952 °N -82.1206 °W
6. Property size (acres): 7.3 acres
7. Name of nearest receiving body of water: Cane Creek
8. River Basin:_ French Broad (06010108)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://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: This site is made u of three headwater streams on a former
Updated 11/1/2005
Page 6 of 13
dairy. Most of the property has been cleared for cattle razing for over 60 years Over the
past twenty years one pond was built adjacent to the stream which will not be affected by the
restoration, and one dairy holding pond was built adjacent to the stream The dairy holding
pond was closed on 5-16-08 per NRCS standards. The dairy is no longer in operation but
livestock still have access to portions of the project streams and some of the pasture lands on
the property have been converted to Christmas tree production As a result of this land use
history, the proiect streams have become incised with eroding banks in some areas, portions
of the stream have been channelized, and most of the stream lacks a diverse bed form The
surrounding land use is characterized by pasture Christmas tree plantations forest and rural
home sites.
10. Describe the overall project in detail, including the type of equipment to be used: This project
will entail stream restoration and enhancement activities. In restoration areas the channel
will be relocated in areas where it is appropriate. In other restoration sections the existing
channel will have its bed and banks improved. Enhancement reaches will have the bed and/or
banks reshaped. Grade control and habitat structures will be installed to provide additional
stability and variability to the streams. This type of work involves equipment such as
bulldozers, track hoes, track trucks, and dump trucks
11. Explain the purpose of the proposed work: This project is a full-delivery project (FDP)
performed for the Ecosystem Enhancement Program _(EEP) The stream restoration and
enhancement activities are designed to provide stream mitigation credits for impacts in the
French Broad Subbasin 06010108.
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.
No. This is the extent of the easement for this EEP project
Updated 11/1/2005
Page 7 of 13
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:
This project proposes to restore and enhance 3,736 linear feet stream that have been impacted by
livestock and anthropogenic alterations This type of work involves rehabilitating existing
streams so that they have the appropriate patternprofile and dimension Specifically, this
project will incorporate the following actions: relocating certain sections of channel; working
within existing channels to reform the banks and/or bed; installing grade control and habitat
structures such as step pools and cross vanes-, stabilizing incoming seeps and drainages;
installing livestock exclusion fencing; and replanting riparian buffers
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,
senarately list imnactc rlne to hnth Ctr17ehm- and flnnr1;nrr
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
feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acre
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,
Updated 11/1/2005
Page 8 of 13
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multiply length X width- then divide by 41560
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Intermittent Perennial t
? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 White Oak Creek Enh./Restoration Perennial 12.0 3,068 0.845
2 Tributary I Enh./Restoration Perennial 10.4 431 0.103
3 Tributary 2 Restoration Perennial 6.6 219 0.033
Total Stream Impact (by length and acreage) 3,718 0.981
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, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect-
Stream Im act (acres): 0.981
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.981
Total Stream Impact (linear feet): 3,718
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.);
Proposed use or purpose of pond
local stormwater requirement, etc.)
(e.g., livestock watering, irrigation, aesthetic, trout pond,
Updated 11/1/2005
Page 9 of 13
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.
This project will provide stream mitigation credits for impacts elsewhere within this 8-digit
HUC. The site offers an ideal opportune to improve a series of headwater streams
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 (see DWQ website for most current
version.).
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
Updated 11/1/2005
Page 10 of 13
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Please see the attached Doa Bite Site Stream Restoration Plan. A mitigation plan is not
needed for this exempt activity.
2. Mitigation may, also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsi l'-,ility 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
website at http://www.nceep.net/pages/inlieureplace.htm. 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): none
Amount of buffer mitigation requested (square feet): none
Amount_ of Riparian wetland mitigation requested (acres): none
Amount of Non-riparian wetland mitigation requested (acres): none
Amount of Coastal wetland mitigation requested (acres): none
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.
Updated 11 /1 /2005
Page 11 of 13
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .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 Multiplier Required
1 3 (2 for Catawba)
2 1.5
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.
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.
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
Updated 11/1/2005
Page 12 of 13
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
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
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).
i"_ C. 7_? 08
App icant/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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Dog Bite Site - Vicinity Map
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TECH NOLOG I F:S Cities and Towns 2 l 0 2 ENVIRONMENTAL TECHNOLOGIES
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Mitchell County, North Carolina

Dog Bite Site - Topographic Map

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