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
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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