20081204 Ver 1_401 Application_20080808

Office Use Only: Form Version March 08
08 1204
USACE Action ID No. DWQ No.
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~,_ ~ ~ j
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: Nationwide 13 and 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 here: ^
II. Applicant Information ~ ~~ ~ ~~~
a
Owner/Applicant Information
Aur, ~ zone
Name: Mr. Cliff Vinson au,.. ~.
Mailing Address: Blue Ridae Resource Conservation & Developm'~l"ala~fi9iITORMw~T~~Z ~w+~~cei
1081-2 Old US Hwy 421
Sugar Grove, NC 28679
Telephone Number:. [phone] Fax Number: [phone]
E-mail Address:__ cliff.vinson(a~nc.usda.gov
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: Mr. Timothy Ormond P.E.
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College St
Asheville, NC 28801
Telephone Number:__ [phone] x15 Fax Number:1828) 281-3351
E-mail Address:__ tormond(a~altamontenvironmental.com
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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: North Toe River Dam Removal
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): The site is located between PINs 0880-00-45-
9434, 0880-1 I-65-5229, and 0880-00-55-0795 in the river channel. Please refer to site plan
in Fi ug r
4. Location
County: Mitchell County Nearest Town: Spruce Pine
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.): From Asheville follow US-
19/US-23/new 1-26 west to the US-19E North exit, Exit 9, toward Burnsville/Spruce Pine.
Turn Right onto US-19E and continue to Spruce Pine. Turn Left onto NC-226. Turn Left
onto Shannon Drive. Go down the hill and park on left next to the railroad tracks. Walk
west along railroad tracks for about '/4 mile. The site is on the left where an old concrete
hydroelectric dam connected to boulders spans the North Toe River channel. Please refer to
the vicinity map in Figure 1. For assistance with directions, please call Altamont
Environmental at 828-281-3350.
5. Site coordinates (Lat/Long or decimal degrees): 82°5' 19.336"W 35°55'23.184"N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): The dam is approximately 8 feet tall on average with an area of
approximately 500 square feet of the North Toe River channel. The total volume of concrete
to be removed is approximately 140 cubic yards.
7. Name of nearest receiving body of water: North Toe of Nolichucky River (North Toe River).
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8. River Basin: French Broad River Basin
(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/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site located on the North Toe River, is comprised of
two sections of an abandoned partially breached dam separated by a lame mid-channel
boulder. The dam is constructed entirely on a bedrock outcropping. The concrete dam was
on ig Wally constructed in 1949 just downstream of the town of Spruce Pine to provide
hydroelectric power but has not been in operation for several decades. The North Toe River
provides critical habitat for the endangered Appalachian Elk Toe Mussel. However, the dam
impedes upstream migration of trout and other aquatic species including host fish for the
Appalachian Elk Toe Mussel. Additionally, the dam creates a hydraulic barrier making the
area dangerous for recreational users such a swimmers, fishers, and boaters. The river-right
bank of the stream is bordered by the CSX railroad. Beyond the railroad and its ri hg t-of-
way there are several residential properties. Upstream of the project area is an active
feldspar mine which periodically releases fine sediments into the river causing temporarily
elevated turbidity. The river is classified as "C, Trout" waters in the project area.
10. Describe the overall project in detail, including the type of equipment to be used: The Toe
River Valley Watch, anon-profit organization, is providing matching funds for a NCDENR
DWR Water Resources Development Project Grant, to remove the abandoned dam. The
project is being completed to remove barriers to fish and other aquatic organism mi rag_ tion
and movement and to open up access to rivers and tributaries upstream of the site for
colonization of aquatic organisms currently blocked by the dam. The project will also
improve recreational safety in the area. The North Toe River is one of the few remaining
habitats for the endan er~L ed Appalachian Elktoe Mussel and it also supports numerous fish
species including, both stocked and native trout. The USFWS has agreed to survey the area,
and if the Appalachian Elktoe Mussel is found at the site, the USFWS will relocate the
endangered mussel prior to, and following, removal of the dam.
The project will involve removal of the ma'~ority of the concrete dam on both river ri h~ t and
river left approximately 140 cubic yards), re rg ading of some sediment accumulated behind
the dam on river right, and subsequent streambank stabilization on river right (Please refer to
photographs in Appendix A). Equipment used to accomplish the above tasks will include a
Volvo 210 size track-mounted excavator eguipped with a bucket and hydraulic thumb, a Case
210 size track-mounted hydraulic hammer, and an off-highway truck to transport materials to
the disposal areas.
The proLct site will be accessed from the Highwa 2~ght-of--way and ford the North Toe
River at a single location, as shown b~proposed route on Figure 2 and in Photograph 6 of
Appendix A. The equipment will cross the river only once upon beginning the dam removal
project and once upon the completion of the project. Disposal of concrete material will take
place on DOT property, outside of the 100-year floodplain, on river right, beneath the
Highway 226 overpass located approximately 400 feet upstream of the dam (Figure 2). The
concrete dam material will be broken up using the Case Hammer into large riprap-sized
Page 7 of ] 6

material and used for reinforcement of the existing bank and bridge pilings between the CSX
right-of--way and the 100-year flood elevation (outside of the 100-year floodplain). Sediment
currently located on the river right bank will be regraded and stabilized beyond the top of the
river-right bank.
A survey of the river with a total station was performed to evaluate the dam and existing
morphologic conditions. River cross-section plots are shown in Figure 3 and a longitudinal
profile is shown in Figure 4. The concrete dam is comprised of two sections, referred to as
the river-right and river-left sections. The sections are separated by a large mid-channel
bedrock outcrop (,Appendix A). In order to minimize the release of sediment during
demolition of the dam, it is proposed to use large sandbags (Fi ug re 5 during low flow
conditions to divert the river to one side of the mid-channel boulder while workin ig n the
opposite side. The following_protocol will be used for the temporary stream diversion:
• Weather will be monitored daily and the sandbag stream barrier will be installed only
during a time period when the removal of the dam section can be completed during
dry weather.
• The sandbag stream barrier will be installed from upstream to downstream.
• The height of the sandbag stream barrier will be 1 ft higher than normal base flow in
the river.
• Sandbags will be filled on site using sand deposited behind the dam.
• Sandbags will be made of burlap or~olypropylene materials which are resistant to
UV radiation, tearing and puncture and woven tightly enough to prevent leakage of
the fill material.
• Seamless pol,~,ylene plastic sheeting with a minimum thickness of 4-mil,
impervious and resistant to puncture, tearing, and ultraviolet degradation, or
equivalent will be installed on the water side of the sand bags.
• All large debris located at the base of the stream barrier will be removed to ensure
proper sealing_and to reduce leakage through the barrier.
• The sandbag stream barrier will be monitored daily for leakage and repaired as
necessary.
• No dewatering or pumping is anticipated.
The river will initially be diverted to river left while relic sediment deposits behind the river
right section of the dam are re-graded and the river-right section of dam is removed using the
previously described track-mounted machinery. The excavator and the hammer will be
operated from either the riverbank, mid-channel boulders, or bedrock outcrops immediately
downstream of the dam. Machinery will not be driven in or operated from the water. A
portion of the river-right section of the dam, located above 1.5 times bankfull elevation, will
be left in place to contain the relic sediment upstream of it. This sediment is now stable and
supports riparian vegetation.
The newly excavated streambank on river right, created by removal of sediments impounded
by the dam below 1.5 times bankfull elevation, will be adjusted to a 3H:1V or flatter slope.
In order to avoid crossing the river, the excess sediment, estimated to be less than 50 cubic
yards, will be placed beyond the top of bank along river right as far from the river as possible
Figure 6). The relocated sediment and any disturbed banks where the material is not
Page 8 of 16

using 900 ~/m` woven coir fabric (Figure 7) secured by trenching,__wooden_stakes -live
stakes, and a variety of native herbaceous plant, shrub, and tree species. Plant stock will be
installed as seed, live stake, and bare root material. Following removal of the river-right
section of the dam, sandbags will be slowly removed and reused to divert the river flow to
the river-right channel. Once river flow is fully diverted to river ri~?ht, the river-left section
of the dam will be removed using the track-mounted machinery and placed on the river-right
bank in preparation for loading_to the off-road truck. The removed dam material will be
transported by truck to the previously described disposal area located 400 feet upstream.
Bank stabilization will address approximately 100 linear feet of the project area on river
r~ht. The stabilized and restored river-right streambank will extend from the portion of the
dam left in place, to a suitable and stable location approximately 100 feet upstream. All
disturbed areas will be stabilized using native riparian, herbaceous seed mix, shrub, and tree
species. Additionally, the disturbed area between the coir fabric and the top of bank will be
reinforced with coconut jute mesh. Erosion control matting will not contain plastic netting or
non-biodegradable materials, will be trenched in on all sides to a depth of six inches, and will
be staked down with a combination of wooden and live stakes. Disturbed areas from the
edge of water to the top of bank will be seeded with Ernst Conservation Seeds, Riparian
Buffer Mix ENRMX-178. Disturbed area below the top of bank will be over-seeded with a
nurser~p of grain suitable to the season in which planting will take place. Caution will be
used to keen fertilizer and mulch out of the river and above the tvnical high water elevation.
Fescue seed mixes will not be used at the site. Only annual r,~grass will be used for rapid
stabilization on soils within the floodplain and will serve as a nursery crop until the riparian
planting seed mix becomes established. More invasive seed, such as lespedeza will not be
used on this project.
Sedimentation and erosion control practices will be implemented throughout the project and
will consist of: 1 only workin ig n dry weather during low flow conditions, 2) only exposing
areas of soils that can be stabilized at the end of each work day, 3) installation of silt fence at
the toe of disturbed banks, 4) installation of temporary, berms at the top of disturbed banks,
and 5) installation of soil matting and straw mulch.
After stabilization measures are in place, and disturbed areas of the site are seeded, native
trees and shrubs in the form of live stakes, bare-root, and container plants will be planted in
stabilized areas as well as in other areas of the project reach where riparian vegetation is
sparse or narrower than 20 feet from the water's edge. The contractor will be required to
install equal numbers of at least six varieties of large trees from the following list: River
Birch, Shagbark Hickory, White or Green Ash, American Beech, Tulip Poplar, Sourwood,
Silver Maple, Eastern Cottonwood, Sycamore, Black Cherry, White Oak or Southern Red
Oak. The contractor will also be required to install equal numbers of at least eight s ep cies
from the following list of small trees: Downy Serviceberr~Shadebush), American
Hornbeam (Ironwood), American Holly, Red Mulberry, Common Alder, Red Chokeberr~
Button Bush, Witch Hazel, Winterberry, Northern Maleberry, Catawba Rhododendron, Wild
Azalea, Blackberry, Dog hobble or Fetter bush. Planting of trees, shrubs and live stakes will
Page 9 of 16

conform to the specifications outlined in the NCDENR Guidelines for Riparian Buffer
Restoration.
At the project site, work shall proceed from downstream to upstream to reduce sediment
loading. Staging areas for equipment and material will be placed in upland areas away from
surface water and outside of the floodplain. Work will proceed as follows at the work area
(as applicable).
1) Flag the work limits.
2) Mark live trees and shrubs to be protected.
3) Construct temporary construction entrances/exits, where necessary.
4) Place erosion control fencing and other protective measures, as necessary.
5) Inspect and maintain repairs.
11. Explain the purpose of the proposed work: The North Toe River is listed as a Class WS-[II
Trout Stream and is monitored closely by the U.S. Fish and Wildlife Service (USFWS) and the
Toe River Valley Watch due to the critical habitat the river provides for the endangered
Appalachian Elk Toe Mussel. The dam is ,preventinupstream migration of trout and other
aquatic species including host fish for the Appalachian Elk Toe Mussel. Additionally, the dam
creates a hydraulic barrier making the area dangerous for recreational users such a swimmers,
fishers, and boaters. Removal of this dam will restore essential ecological processes in the
river and allow safer access for recreational users.
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._Permits have not been previously applied for at this site.
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.
There are no anticipated future permit requests for this project.
Page ] 0 of 16

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: Impacts are discussed in detail in
Section I II.10 of this application.
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,
separately list impacts due to both structure and flooding.
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)
1 Dam removal Rvverine Yes 0 < 1

Total Wetland Impact (acres) < 1
3. List the total acreage (estimated) of all existing wetlands on the property: The National
Wetlands Inventory (NWI) ~eodatabase shows the dam to be located in a riverine wetland
area on the North Toe River. The dam removal project area will be limited to a stream length
of approximately 100 feet and a width of approximately 150 feet for a total area of 15 000
square feet (0.34 acres). Additional riverine wetland area surrounds the project site Fi ure
8). The removal of the dam will help to restore the natural function of the riparian wetlands
in this area.
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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
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Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
1 North Toe River Stabilization Perennial I50 100 <1

Total Stream Impact (by length and acreage) 100 <1
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) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): <1
Wetland Im act (acres): <1
O en Water Im act (acres): 0
Total Im act to Waters of the U.S. (acres) <1
Total Stream Im act (linear feet): ~ 100
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
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Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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. Contractors engaged in the
implementation of this work will be provided with both written and verbal onsite instruction of all
impact avoidance statements provided below. All heavy equipment will be kept out of the stream
channel during dam removal and streambank stabilization work. Disturbance of the channel
bottom, streambanks, and equipment access areas shall be held to the minimum necessary to
allow for implementation of dam removal and bank stabilization work. Work will be conducted
in a downstream to upstream direction. Streamflow will be diverted away from work areas with
the use of sand bags. Work will be completed in stages such that segments of the project will be
completed and stabilized on a daily basis. Temporary grass/grain cover shall be planted on all
bare soil immediatelyground disturbing activities are completed. Tall fescue or other invasive
grasses or plants will not be used in riparian areas. Herbaceous, woody shrub, and tree vegetation
will be installed on the streambank upon completion of bank stabilization work. A site manager
will routinely inspect and supervise contractor work to help ensure impact avoidance instructions
are being followed.
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.
Page ] 3 of ] 6

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://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Not applicable.
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
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three 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 ofNon-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
Page 14 of 16

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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify trout stream)? 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
s uare feet Multiplier Required
Miti ation
1 3,000 3 (2 for Catawba)
2 1.5
Total 3,000
* 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 properly. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Impervious acreage does not exist at the site and
the plan for the project will not increase or create impervious acreage.
XII. Sewage Disposal (required by DWQ)
Page 15 of 16

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.
~~l~~~stet+ater will not be venerated as part of this project.
XIII. Violations (required by DWQ)
Is this site in violation of DV~`Q V1'etland Rules (15A NCAC 2H A~00) or any Buffer Rules:'
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
VI'ill this project (based on past and reasonably anticipated future impacts} result in additional
development ++~hich could impact nearby downstream water qualit}'' Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the mast recent North Carolina Division of 1~4`ater Quality policy posted on our website at
http:~ h?o.enr.state.nc.us!nc++etlands. If no. please provide a short narrative description:
XV. Ot6er 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-do++n schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, ar other issues outside of the applicant's control).
Planned implementation of this project is scheduled to take dace in the fall of 2088 +vhen trees
became dormant and plantine conditions are favorable (late September to early December).
~~
B
t Appli~nt/Agent's Signature Da4e
(Agent`s signature is valid only if an authorization letter from the applicant is provided.)
Page 16 of 16

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SOURCE: VIRGINI A DEPARTMENT
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TEMPORARY STREAM FIGURE
DIVERSION DETAIL
5
NORTH TOE RIVER
MITCHELL COUNTY, NORTH CAROLINA

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~ North Carolina Wildlife Resources Commission ~
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
David Baker, USACOE
Asheville Regulatory Field Office
Ron Linville, Regional Coordinator
Habitat Conservation Program
August 13, 2008
Altamont Environmental -North Toe River Dam Removal and Bank Stabilization
Project, North Toe River, DWQ No. 200&1204, Mitchell County
® C~~~'~~~ ~~I ~ ~
~.
~~ ~.~ AiJG 1 ~ 2008
iaEWR -',~~rtF;c~~~~~ri v
Wk1l.AiVG~ AND S70RM'i1~HTtl~ 9WiN(~
The applicant proposes to remove an abandoned hydroelectric dam. Biologists with the North
Carolina Wildlife Resources Commission are familiar with habitat values in the area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat_ 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental
Policy Act (G. S. 113A-1 through 113A-10; NCAC 25).
The project is to remove a partially breached dam downstream of Spruce Pine to enhance fish
passage and improve aquatic and riparian habitats. The US Fish and Wildlife Service has agreed
to provide technical assistance, including mussel surveys and relocations if needed. The project
is funded by the NC Division of Water Resources and the Toe River Valley Watch. A few wild
Brown and Rainbow trout are in the area, which is downstream of new Delayed
Harvest/Nlountain Heritage trout waters. The Appalachian elktoe, Alasmidonta rcrveneliarra
(NCE/FE) is known for further downstream and elktoe host species are indicated for this site by
Altamont Environmental. Sediment from the site is anticipated to be minimal due to the partially
breached condition of the dam.
Based on our review of the submittal, we will not object to the project as proposed providing the
following conditions are implemented:
In channel work and land disturbance within the 25-foot wide trout buffer zone
should be prohibited during the trout spawning season of October 15 through April 15
to protect the egg and fry stages of trout from off-site sedimentation. The US Army
Corps of Engineers and the NC Division of Water Quality may extend this
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

North Toe Dam Removal Page 2
August 13, 2008
moratorium at their discretion. We prefer that any trout spawning moratorium
extensions be limited to less than two (2) to four (4) weeks.
2. If significant sedimentation is present above the dam and to the extent deemed
practicable by the US Army Corps of Engineers and the NC Division of Water
Quality, sediment should be physically removed instead of being released into
downstream waters.
3. Maximum available forested buffers should be provided; however, the minimum
twenty-five (25) foot trout buffer should be restored or remain undisturbed to the
maximum extent practicable.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
5. Heavy equipment should be operated from the bank rather than in the stream channel
in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream. Petroleum spill containment equipment/materials should
be readily available on the site during the entire dam removal process.
6. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbing activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. Natural fiber matting is
recommended over plastic matting that can impinge and entrap small animals.
Onsite vegetation and materials may be used for stream bank stabilization when
practicable.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Kevin Barnett, DWQ-ARO