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HomeMy WebLinkAbout20061822 Ver 1_401 Application_20170817o�oti—w a LFg0. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form – Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit ❑Section 10 Permit FE 1 b. Specify Nationwide Permit (NWP) number: 13 & 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: El Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. 'Name of project: Green Project 2b. County: Ashe 2c. Nearest municipality / town: Jefferson 2d. Subdivision name; N/A'ItUENED 2e. NC DOT only, T.I.P. or state project no: N/A AUG211 3. -`Owner InformationIENR.LA 3a. Name(s) on Recorded Deed' James & Laura Green WATER PERM17-TINn 3b. Deed Book and Page No. Deed Book 244 Page 24 3c. Responsible Party (for LLC if applicable): James & Laura Green 3d'. Street address: 275 River View Lane 3e. City, state, zip:, Lansing NC 28643 3f. Telephone no.:; 919-417-0260 3g. Fax no.: N/A 3h. ',Email address: ljgreenacre@gmail.com or laura@newriverconservancy.org Page 1 of 11 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information(if different from owner) 4a. Applicant is: ® Agent El Other, specify: 4b. Name: Glen Sullivan 4c. Business name (if applicable): Foggy Mountain Nursery 4d'. Street: address: 2251 Ed Little Road 4e. City, state, zip: Creston NC 28615 4f. Telephone no.: 336-384-5323 4g. Fax no.: 336-384-3764 4h. Email address, foggymtn @skybest.com 5. Agent/Consultant information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 18294 276 1 b. Site coordinates (in decimal degrees): Latitude Longitude: (36.4887) (-81.4368) 1 c. Propertysize:, 3.184 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to North Fork New River proposed project: 2b. Water Quality Classification of nearest receiving water: C;ORW 2c. River basin: map is available at New hftp://h2o.enr,state.nc.us/admin/maps/ 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application'.' The project site is located on the North Fork of the New River in Walnut Hill Township near Jefferson, NC. Landcover in the area consists of mixed hardwood conifer, managed herbaceous cover, and mixed upland hardwoods. The property is used as the primary residents for the land owner. Surrounding land use is primarily residential suburban with some agricultural/rural use. The riverbank at the property is moderately to severely eroded due to storm water runoff and lack of vegetative buffer along stream. 3b. List the total estimated acreage of all existing wetlands on the property:; 0 3c. List the total estimated linear feet of all, existing streams (intermittent and perennial) on the property: 817 LF 3d. Explain the purpose of the proposed project:; To repair and stabilize eroding bank by reestablishing proper bank profiles and to improve water quality and habitat for aquatic fauna as well as riparian habitat on site. This will be achieved through bank reshaping, and with 1 in -stream structure, along with adding large toe rock to the downstream side of the structure, repairing 2 existing log vanes and planting of native woody vegetation and grasses. 3e. Describe, the overall project in detail, including the type of equipment to be used: Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. One (1) rock vane will be constructed to divert the thalweg back to the center of the stream. Large toe rock will be placed from station 0+35 to 0+75 on the downstream bank from the rock vane. Existing log vanes will be resealed with geo fabric and river coble. During construction a track hoe will do the work from the bank unless access to the river is necessary for proper structure placement. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron, mountain laurel and river birch. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes EJ No El unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ®Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. U.S. Army Corps of Engineers Date issued 01-19-2007 (action ID 2006-41720-305), DWQ Date issued 12-27-06 Project # (06-1822) See Attachments 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply):: Wetlands E Streams - tributaries ❑ Buffers Open Waters ❑ Pond Construction 2. WetlandImpacts If there are wetland; impacts proposed on the site, then complete this question for each wetland area impacted. 2a: 2b. 2c. 2d 2e 2f. Wetland impact Type of jurisdiction number'- Type of impact Type of wetland Forested (Corps -'404, 10 Area of impact Permanent (P) or (if known) DWQ — non' -404, other) (acres) Temporary W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 2h. Comments: 3. Stream impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites' impacted.' 3a. 3b: 3c. 3d. 3e. 3f. 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number'- (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Stabilization: North Fork New ® PER ® Corps 95 14 River ❑ INT ❑ DWQ S2 ® P ❑ T Rock Vane North Fork New ® PER ® Corps 95 10 River ❑ INT ❑ DWQ S3 ®P ❑ T Toe Rock North Fork New ® PER ® Corps 95 35 River ❑ INT ❑ DWQ S4 ®P ❑ T Existing Log Vane North Fork New River ® PER ❑ INT ® Corps ❑ DWQ 95 10 S5 ®P ❑ T Existing Log Vane North Fork New River ® PER ❑ INT ® Corps ❑ DWQ 95 10 S6 ❑ P ❑ T ❑PER ❑ Corps ❑ INT ❑ DWQ 3h. 'Total stream and tributary impacts 79 3i. Comments: From station 1+32 to 2+10 will be planted only. Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 4f.Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or lake construction; proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 6f. Total 0 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact B1 ❑P❑T -required? ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 0 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically, describe measures taken to avoid or minimize the proposed impacts in designing project. This project will stabilize 79 LF of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If you will have to fill out this entire form — please contact the State for more information. ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project does not require non -404 Jurisdictional General Permit, Is not subject to a General Certification 3704 or 3705, and impervious surface is less than 24%. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26 .0200)? ar���ft��the�fact�p�ri�t�,: pplicaton'? ❑'YDS, 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service website: Endangered and Threatened Species by County in North Carolina 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Register of Historic Places at http://www.hpo.ncdcr.gov/nrlist.htm 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The project will not impede flood waters. 8c. What source(s) did you use to make the floodplain determination? https://qpublic.schneidercorp.com Glen Sullivan August 29, 2017 c� Applicant/Agent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 I, !.-ow 4r&_ 6-re-tvA designate Glen Sullivan of Foggy Mountain Nursery to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the stream bank restoration project on my property in I. -County, NC. Name X11 LILA, � QJA) Address �Iq 419 o� C� i w rw■nnr`rrrr® Phone number Fax number Oaf t D 0-- Q E-mail address Signature Date UNITED STATES '3�t,4 DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY w � C rc,r y ' N t P M O � P H O EN I X,- -'n - JEFFERSON QUADRANGLE 6d NORTH CAROLINA—ASHE CO. J+ 7.5 MINUTE SERIES (TOPOORAPNIC) OPP N e w J6' C 5 T ,J 1,53 71, Z� �t sti ,. .» Z — 0 v� � i J `�'` w �1j���' � � � , � � r ' � p � k ✓sem MW,N T ,TATE P aJ �., IF f (� .o' r -a:" Y ���r `""- ); s � 1`; "� � err ; �� ..:..• � I = `� .,�'i �" ��.�_ Ixr0000 r[R FYI Cu. �. 3l ip'^A •.... ... •^.,•• .81'x3 M" yr MappE .d%_aM PuM s Dy tha GlolOgKal Surrey SONE I )I Opp 56 UnON .�} Cwna h U59ua[tQ5 nOnD CUS Ay •wn+an nrorola..•.•.1,,..»+wem lA..e.••roeen•o•e >«w�� .. �� .e . w.e' I.vNnay A.a w.wna.•. te4 Mproe•1 else "q.`1 1%.. [eh WCW InSe iT( _ oxrrre Sswq•ry� +ry •11 ••elns. M�npesN mM. byw Er[ • .� .n w a �• a arra i ul .av rcCr —1 U. S. RoupSlse Aouh „n..ai,.,,a. •n e«•. aa�..a.,mo,.�am.r.a „�a,«w I „n��„ �, we . ,�. �...� JEFGFERSON. N. C. • wi[•sv Ian co oos?a 7r it � , =� � r �. �� � �� � C .-,�`-�,. •�,� j} .� 3 '� ,--., �.. ''~ � ��-= r 77 996 oose :Etz 17) FIGURE 5. Typical bank reshaping and revegetation plan. Cross-section view before work (existing condition) ��� Pasture grasses, little valve for bank stabilization or stream shading. 'fir R�'y'•' -i €A e. Cross-section Cross-section view after work Vertical bank showing area to be reshaped. Rooted trees, 2' to 6' tall. Herbaceous vegetation. Live stakes 18" to 24" in length Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. Water level FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New River State Park. PLAN VIEW le CROSS-SECTION VIEW Footer rocks Top rocks Bankfull bench 2 FIGURE 12. Typical log vane structure installation. PLAN VIEW Angle from ba 4 End of log buried a minimum of 5 ft into the bank at inner berm or bankf ill elevation. 15-30° Use footer log or root wad to support the back end of the log and back fill with large rock or riprap. 4 PROFILE VIEW Elevation Bank slope 2-70, small streams up to 20° Scour hole Footer Flow Place geotextile fabric filter cloth on upstream side of log fastened with large headed roofing nails. Drape cloth from log back into the streambed towards the bank. Place streambed fill material over the top of the filter cloth to stop all flow from going under the log. Elevation Bank slope 2-70, small streams up to 20° Scour hole Footer Flow LEGEND: ACTIVITY Bank resloping Reach Length Existing Log Vane No. Instream Structures Rock Vane Length (in ft) Impacted Toe Rock b Instream Structures SITE PLAN Green Project Foggy Mountain Nursery x231 m LnirE POM Cr6SM NC 20613 TM: (776) 364-3323 7. \ 2 T lL N� Toe Rock from 0+35 - 0+70 Existing Log Vane @ 1+80 1+00 Existing Log Vane @ 0+75 Slope from A= X� Property L1L_ Note: Existing log vanes needs to be sealed with Geo fabric and river coble. VICINITY MAP k. 1539 N Q 1523 1541 516 1523 \ly 1500 1544 1513 314 t� J 6/ �Cd• `1�3 13744 1573 1501 1301 1573 �,tH PHOENIX NTN 1575 1573 SUMMARY TABLE ACTIVITY REACH Reach Length 79 Feet No. Instream Structures 2 Length (in ft) Impacted 65 b Instream Structures Length (In ft) of Stmambank 59 Sloping length (in ft) of Live Stake 79 Planting Area Disturbed During Construction (Acres) 0.02 0+16 0-0+75 Rock Vane @ 0+27 U e PPPCOxrMate ProPedy dL �i� 60 0 60 120 180 GRAPHIC SCALE - FEET Existing Log Vane (Station 1+80) Existing Log Vane (Station 0+75) Attachment ONorth Carolina Wildlife Resources Commission e Richard B. Hamilton, Executive Director VEMORANDUM TO: Amanda Jones, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: November 28, 2006 SUBJECT: Review of an application for Jim and Laura Green by National Committee for the New River (NCNR), Ashe County The NCNR is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project will create a gradually sloped riverbank, install natural stream design log vanes and root wads, and stabilize the bank with matting and live stakes. Total riverbank involvement is 218 linear feet. Smallmouth bass are known for this area. Projects in Ashe County have the potential to impact North Carolina listed species {Green floater (Lasmigona subviridis, NC.E. FSC); Kanawha minnow Phenacobius teretulus, NCSC. FSCI; Tonguetied minnow (Exoglossum laurae, NCSR); Kanawha darter (Etheostoma kanawhae, NCSR); logperch. (Percina caprod.es, NCT): seep mudalig, (Leptoxis d.ilatata, NCT) sh@Mnose darter (Percina cWhvnchzts, NCSC): purple wgMback (Cyclonaias tuberculata, NCSC): spike. (Elliptio dilatata, NCSC)} and species on the NC watch list {Appalachia darter (Percina gymnocephala); New River crayfish (Cambarus chasmodactylus);and a crayfish with no common name (Orconectes cristavarius)} . Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). We routinely recommend buffers be reforested with silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore, or other native woody species to provide long term bank stability and stream shading. To the extent possible, a minimum of the twenty-five (25) foot frout buffer should be provided. Wider undisturbed buffers of 200' are recommended to protect listed species. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336-769-9453. E -copy: Daryl Lamb, DWQ-WSRO U.S. ARMY CORPS OF ENGNEERS WILWNGTON DISTRICT Action D. 2006-41720-305 County: Ashe USGS Quad: Jefferson GENERAL PERNflT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Laura and Jim Green Address: 101 Springwood Drive Wake Forest. North Carolina 27581 Telephone No.: 919-992-8086 Size and location of properw (water body, road name/number, town, etc.): The site is located along; the North Fork New River on River View Drive north of Jefferson. Ashe County. North Carolina. Description of projects area and activity: This permit authorizes acivities associated withbank stabilization Impacts authorized by this permit total 218 linear feet of stream channel for bank sloping installation of two log veins and one root wad to stabilize the bank. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 13 ,your submitted plans may subiect the permittee to a stop work order a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under confract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions ofthis nationwide permit. Ifprior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The Engineer may, at any time, exercise his discretionary authority to modifr, suspend, or revoke a case specific activity's authorization under and NWP. 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 Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), 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 progam, please contact Liz Hair at 828-271-7980 x232. Corps Regulatory Official Liz HairDate: January 19.2007 nxplratlon Late 01 v eriilcauvn: margin 1 o t,vy i Alan W. Klimek, P.E. Director Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 27, 2006 DWQ# 06-1822 Ashe County Laura and Jim Greene 101 Springwood Drive Wake Forest, NC, 27587 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mrs. Greene: You have our approval to conduct stream stabilization and enhancement activities, in accordance with the attached conditions, along 218 linear feet of the North Fork of the New River located on your property at 279. River View Drive near Lansing in Ashe County, as described in your application received by the Division of Water Quality on November 20, 2006. After reviewing your application, we have detennined that this activity is covered by General Water Quality Certification Number 3495, which can be viewed on our web site at http://www.ncwaterquality.org. This Certification allows you to use Nationwide Pennit Number 13 when it is issued by the U.S. A-nny Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or total fill to perennial sfreams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: NOokhCarolina Naturally North Carolina Division ofWater Quality Wetlands Certification unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd.Raleigh, NC 27604-2260 Intemet http://www ncwaterquality org Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affimative Action Employer — 50% Recycled/10% Post Consumer Paper Amount A roved Plan Location or Reference Streams 218 linear feet The North Fork of the New River on the Greene Property at 279 River View Drive near Lansing in Ashe County as shown on the to o hic in and aerial hotogra h submitted with the PCN NOokhCarolina Naturally North Carolina Division ofWater Quality Wetlands Certification unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd.Raleigh, NC 27604-2260 Intemet http://www ncwaterquality org Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affimative Action Employer — 50% Recycled/10% Post Consumer Paper Laura anu jim vreene Page 2, DWQ# 06-1822 December 27, 2006 2. Appropriate sediment and erosion confrol measures which equal or exceed those outlined in the most recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offces or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters, as described in 15A NCAC 02B .0211 Fresh Surface Water Quality Standards For Class C Waters. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including confractor owned and leased borrow pits, which are associated with this project. 3. Sediment and erosion confrol measures shall not be placed in wetlands or waters to the maximum extent eablelf placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural gade restored within six months of the date that the Division of Land Resources has released the project, if applicable, or otherwise when the project is completed. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Constuction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the }401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing all stabilized and enhanced stream reaches. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Alan W. Klimek, P.E. Laura and Jim Greene Page 3, DWQ# 06-1822 December 27, 2006 AWK/cdl tivaenmem5 cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File copy Ms. Lynn Caldwell, National Committee for the New River, P. O. Box 1480, West Jefferson, NC 28694 KJJ/ GJ/ L. WCL / 0011 VL' pvij 1'j L FLOOD ZONE FERIMIT COUNTY OF .",SHE • f t f14'. J. 'i.lf f . } i = f (336)8-46-4971 (NCNB) ..f jh of DewRiygrEgg. &-.1•n flom is development located within floodplain? @Ye: ONO Base flood elevation 2594 Is development located within floodway? ONO Paaei Number. . 3„ 19 .. �Pfrm Zone Elevation m w•hiteh lowest Hoar must be con"ed V General Contractor License #_ Engineer/3urveyor, License #____„ Amoftr *uc= or eanh =dug ama a -Tamte flood--DMIL IM =.Itct must fo low *S 9=12 as issuo,.jn, the US .'fix _Q im of Enpium and the $10 of North M droved IDfiummvedi PEMT,, LM APPM" d O 1)4Wtd d Th.e undersigned to confirm to all a Much 26,"007 j) ate applicable laws of the County of Ashe and the Sme of .? g!" ! (1j� +,� North Carolina, ueid �)! ���,j further states that all Floodplam information provided herein is Administrator Uue , Building Inspector Owner/Contractot