20090448 Ver 1_401 Application_20090409

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CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
April 16, 2009
Mr. Chuck Cranford
NC Division of Water Quality
2090 US Highway 70
Swannanoa, North Carolina 28778
PA
Dh,
RE: Notice of Violation and Recommendation for Enforcement
Mr. Scott Banks
Buncombe County, North Carolina
DWQ Project # NOV-2008-OP-0055 and NOV-2008-CV-0018
Dear Mr. Cranford,
Please reference the two "Notice of Violation" (NOV) letters dated October 10, 2008 and
October 28, 2008 (Appendix A) sent by the NC Division of Water Quality (DWQ) in
response to site visits conducted on October 8 and 21, 2008. The subject property is
owned by Mr. Scott Banks and is located on Sardis Road west of Asheville in Buncombe
County, North Carolina. The NOVs site construction activities within waters of the US
for which Mr. Banks has not received a 401 Water Quality Certification. The NOVs
require responses to several listed concerns. The DWQ concerns are addressed below.
Required Response from NOV dated October 10, 2008
Required Response I.a.: "Please explain why these impacts occurred without prior
authorization."
Mr. Banks relocated approximately 535 linear feet of stream channel on his
property without permit authorization from the US Army Corps of Engineers or
DWQ. Mr. Banks was unaware that relocating a stream required permit
authorization. Because the stream is still an open watercourse, he did not think
moving it constituted an impact.
Required Response I.b.: "Please provide documentation (including a detailed site
map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers)
on the site. This documentation should describe and quantify the impacts to those
jurisdictional features, and should include plans to avoid further stream and wetland
impacts on the site."
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Mr. Chuck Cranford
04/16/09
Page 2 of 6
A wetland delineation was completed at the site on March 30, 2009 by
C1earWater Environmental Consultants, Inc. (CEC). All jurisdictional stream
features have been indicated on the Site Plan that is included with the enclosed
permit application (Appendix B). The wetland boundary and limits of fill within
the wetland have also been included on the Site Plan.
Required Response I.c.: "Please submit the following documents for review and
approval: "
• "Steam Restoration Plan (stream channel relocation) - Please explain how you
plan to restore the pattern, profile and dimension of the impacted stream channel.
The streambed must be restored to the original profile, the stream banks must be
stabilized, and any fill material must be removed from the riparian zone. Replanting
of the riparian zone will be required."
A Stream Restoration Plan has been attached for review (Appendix C). As
discussed in the pre-application meeting on February 12, 2009, CEC has
developed a plan to restore the channelized stream to its pre-disturbed condition.
As documented from aerial photographs and site surveys, the stream had been
ditched and channelized in its pre-impact condition.
During the wetland delineation, CEC also delineated fill limits within the
jurisdictional wetland. The wetland boundary and fill limits are indicated on the
Site Plan that is included with the enclose permit application (Appendix B). The
following table summarizes observations by CEC:
Feature Acres
Wetland Area (total) 0.93
Fill Area A 0.21
Fill Area B 0.03
Approximately 2 to 8 inches of fill has been placed in the wetland. A portion of
this fill material (0.15 acre) will be removed with a track hoe starting towards the
inside of the wetland and moving outward to the outer boundary of the wetland.
During excavation, a member of CEC will provide construction oversight and
make any in-the-field adjustments, if necessary. A typical section of the wetland
restoration is included for review (Appendix D). Upon removal of fill dirt in the
wetland, a native wetland seed mix will be dispersed on disturbed soils.
• "Permit Application - If you wish for any impacts to remain in place, you must
contact the USA rmy Corps of Engineers (USACOE) for information on the type (s) of
permit required. Depending on the type ofpermits USACOE requires, application for
a 401 Water Quality Certification to DWQ will also be required. Please note that
sediment impacts to streams are not permittable."
A permit application for impacts at the site is included for review (Appendix B).
Mr. Chuck Cranford
04/16/09
Page 3 of 6
• "Please indicate in your response a detailed schedule with dates explaining when
restoration will be accomplished, and if you plan to seek a permit for the permittable
impacts, when an application will be submitted."
Stream restoration, as outlined in Appendix C, will be completed within 30 days
of plan approval. An application for stream and wetland fill is enclosed for
review and approval (Appendix B).
• "It is required that you contact the City of Asheville Stormwater Service Division
and the US Army Corps of Engineers. These contacts are necessary to ensure that
your restoration efforts are in compliance with the Sedimentation Pollution Control
Act and Section 404 of the Clean Water Act."
Mr. Banks has retained Mercer Design Group to develop an erosion control plan
for the site. This plan has been submitted to and reviewed by the City of
Asheville to ensure compliance with the Sedimentation Pollution Control Act.
The US Army Corps of Engineers has also been involved in this project and has
been and will continue to be contacted regarding this project.
Required Response II.a.: "Please explain when construction (excavation, grubbing, and
clearing) began at the site."
Construction at the site began in the summer of 2008.
Required Response II.b.: "See Required Response I. b. above."
A wetland delineation was completed at the site on March 30, 2009 by CEC. All
jurisdictional stream features have been indicated on the Site Plan that is included
with the enclosed permit application (Appendix B). The wetland boundary and
limits of fill within the wetland have also been included on the Site Plan.
Required Response II.c.: "Please submit a Sediment Removal Plan to this office for
review and approval. The plan must address removal of accumulated sediment from the
unnamed tributary to Hominy Creek and must be submitted to the Division of Water
Quality for review and approval prior to implementation. The plan should include the
following:"
• "A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored."
The DWQ cited sediment deposition impacts to 50 linear feet (October 10,
2008 letter) and 100 linear feet (October 28, 2008 letter) of the unnamed
tributary to Hominy Creek. Accumulated sediment will be removed from
the unnamed tributary after all restoration activities have been complete.
Sediment will be removed through the use of shovels and buckets for a
distance of 100 linear feet. Sediment removal will begin at the confluence
of the two unnamed tributaries near the property line and continue
Mr. Chuck Cranford
04/16/09
Page 4 of 6
downstream (100 linear feet). Number of buckets will be recorded to
estimate the amount of sediment removed from the channel. Sediment
removed from the channel will be placed in a high-ground location away
from jurisdictional water. The location of the proposed sediment removal
is indicated on the Site Plan that is included with the enclose permit
application (Appendix B).
• "A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment."
The stream restoration is scheduled to be complete within 30 days of
approval. The sediment removal will be complete within 30 days of
completion of the stream restoration.
• "A diagram of the stream channel, referenced with photo documentation of
sediment impacts."
A diagram of the stream channel and representative photographs are
enclosed for review (Appendix E).
• "A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded."
Accumulated sediment that is removed from the channel will be placed in
a designated high ground area away from jurisdictional waters. The
restored stream channel will be constructed in the dry to prevent an
increase in turbidity. Water will be released into the new channel after it
has been stabilized.
Required Response II.d.: "Once the Restoration Plan has been implemented and is
complete, a final report documenting restoration of the stream should be submitted to
Chuck Cranford."
Upon completion of the stream restoration, an as-built report will be submitted to
Chuck Cranford of the DWQ for review.
Required Response III.a.: "Please indicate when approval and implementation of a
Sedimentation and Erosion Control Plan from the City of Asheville is expected."
The Sediment and Erosion control plan has been submitted to the City of
Asheville. The Sediment and Erosion control plan will be implemented upon
approval.
Required Response III.b.: "Please explain when you anticipate being in full compliance
with the NCG010000 Permit and your Erosion and Sediment Control Plan."
Mr. Chuck Cranford
04/16/09
Page 5 of 6
Mr. Banks will be in full compliance with NCG10000 and the Sediment and
Erosion control plan upon approval and implementation.
Required Response IV.a.: "Clearly explain why the appropriate 401 Water Quality
Certification and a 404 Permit were not secured."
Mr. Banks was unaware that relocating a stream required permit authorization.
Because the stream is still an open watercourse, he did not think moving it
constituted an impact.
Required Response IV.b.: "Provide a proposed schedule of when you expect to have the
required 401 WQ Certification submitted to the DWQ."
A permit application for impacts at the site is included for review (Appendix B).
Required Response IV.c.: "It is required that you contact the United States Army Corps
of Engineers to determine if a 404 permit is necessary for these restoration activities."
The US Army Corps of Engineers has been contacted about this project. A pre-
application meeting with Ms. Liz Hair of the US Army Corps of Engineers and Mr.
Chuck Cranford with the DWQ was held on February 12, 2009.
Required Response IVA.: "Satisfactory stream restoration requires planting in
accordance with the EEP Publication `Guidelines for Riparian Buffer Restoration'."
A stream restoration plan has been included for review (Appendix C). Live stake
planting will be in accordance with the Guidelines for Riparian Buffer
Restoration. Live stakes will be 1/2 to 3/4 inch in diameter and 2-3 feet long; and
placed on 8-foot center for a density of 681 live stakes per acre.
Required Response from NOV dated October 28, 2008
Required Response: "In addition to the information requested in NOV-2008-OP-0055,
you must clearly explain why work continued in waters, even though not approved in a
401 Water Quality Certification, and with knowledge that such activities are a violation
of North Carolina Administrative Code."
The contractor on site conducting the work at the time of the site visit was not
aware that his activities were in violation of the North Carolina Administrative
Code. All work at the site has stopped until restoration and sediment removal
activities are approved.
Mr. Chuck Cranford
04/16/09
Page 6 of 6
Should you have any questions or comments concerning this project please do not hesitate
to contact me at 828-698-9800.
Sincerely,
gc/(? L. Newton R. ClemeRiddlProject Biologist Principal
Cc: DWQ, Wetlands and Stormwater Branch - John Hennessy
DWQ-Raleigh (5 copies)
US Army Corps of Engineers - Liz Hair
Appendix A
Notices of Violation
(dated October 8 and 21, 2008)
o?0k- V l A, TF9QG
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SURFACE WATER PROTECTION
October 10, 2008
CERTIFIED MAIL
RETURIN RECEIPT REQUESTED
Scott Banks
777 Dillingham Rd
Barnardsville, NC 28709
SUBJECT: NOTICE OF VIOLATION and
Michael F. Easley, Governor
William G_ Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-OP-0055
Removal of Best Usage
Stream Standard Violation - Other Waste (In-stream sediment)
Construction Stormwater Permit NCGO10000
401 Water Quality Certification (WQC)
Buncombe County
Dear Mr. Banks:
CEC Project # S82)
Date Recieved
On October 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at your property along Sardis Road in Buncombe
County. Jeff Menzel and Kevin. Barnett of the DWQ were also present.
Stream standard, Construction Stormwater Permit NCGO10000 and 401 certification violations
were noted during the inspection and file review. Sediment and stream channel relocation impacts
to an unnamed tributary to Hominy Creek (Classified C waters) were documented.
VIOLATIONS
I. Removal of Best Usage (relocated stream channel) 15A NCAC 02B.0211 (2)-
a. Approximately 600 feet of an unnamed tributary to Hominy Creek was impacted by
the relocation of the stream channel, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (2).
II. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B.0211
(3)f -
a. Greater than 50 feet of an unnamed tributary to Hominy Creek was impacted by
sediment deposition upwards of 1 foot in depth, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (3) (f).
North Carolina Division of Water Quality 2090 U.S Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Intemel: www..nowalerquality org FAX [phone] I-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
North Carolina
N,7&ra!!J
Scott Banks
October 10, 2003
Page 2 of 4
III. Failure to Secure a 401 WQC -The relocation of a stream channel has occurred without a
404 Permit from the U.S. Army Corps of Engineers nor the accompanying 401 Water
Quality Certification. A Pre-Construction Notification submitted to DWQ is required prior
to the above-mentioned impacts pursuant to 15A NCAC 2H .0500.
IV. Failure to Secure Stormwater General Permit NCG010000 - A Sedimentation and
Erosion Control plan approval has not been applied for or secured for the land disturbing
activity; therefore, coverage under the NPDES General Permit to discharge stormwater
from land disturbing activities has not been secured in accordance with the provision of
North Carolina General Statute 143-215.1. This General Permit is applicable to point
source discharges from construction activities disturbing one or more acres of land. The
submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land
Resources or delegated local program shall be considered to take the place of a Notice of
Intent for coverage under this General Permit for those projects requiring this Permit
coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of
the Division of Land Resources or delegated local program. Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation
Control Plan shall be obtained.
REQUIRED RESPONSE
This office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Removal of Best Usage -15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
Stream Restoration Plan (stream channel relocation) - Please explain how you
plan to restore the pattern, profile and dimension of the impacted stream
channel. The streambed must be restored to the original profile, the stream
banks must be stabilized, and any fill material must be removed from the
riparian zone. Replanting of the riparian zone will be required. You are
encouraged to secure an environmental consultant experienced in stream
restoration to assist you with your plan and authorization necessary to achieve
compliance. It is recommended that your consultant contact Chuck Cranford of
Scott Eanks Page 3 of '4
October 10, 2003
the Asheville Regional Office for additional guidance during restoration plan
development.
0 Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (IJSACOE) for information on the
type(s) of permit required. Depending on the type of permits USACOE
requires, application for a 401 Water Quality Certification to DWQ will also be
required. Please note that sediment impacts to streams are not permittable.
Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permittable impacts, when an application will be submitted.
a It is required that you contact the City of Asheville Stormwater Services
Division and the U.S. Army Corps of Engineers. These contacts are necessary
to ensure that your restoration efforts are in compliance with the Sedimentation
Pollution Control Act and Section 404 of the Clean Water Act.
II. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. See Required Response I. b. above.
c. Please submit a Sediment Removal Plan to this office for review and approval. The
plan must address removal of the accumulated sediment from the unnamed tributary
to Hominy Creek and must be submitted to the Division of Water Quality for
review and approval prior to implementation. You are encouraged to secure an
environmental consultant experienced in stream restoration to assist you with your
plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during restoration plan development. The plan should include
the following:
a A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
0 A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
a A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
Scott,Banks
October 10, 2003
Page 4 of 4
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
III. Construction Storinwater Permit NCG010000
a. Please indicate when approval and implementation of a Sedimentation and Erosion
Control Plan from the City of Asheville is expected.
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
IV. 401 WQ Certification
a. Clearly explain why the appropriate 401 Water Quality Certification and a 404
Permit were not secured
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication "Guidelines for Riparian Buffer Restoration". This document is
f.
available electronically at htt-o://www.nceep.net/news/reports/buffers.pd
Thank you for your attention to this matter. This office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
fixture/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to 525,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
City of Asheville Stormwater Services Division
G:\WPDATA\DEMWQ\Buncombe\Complaints\Banks-West\NOV-2008-OP-0055 doc
Michael F Easley, Governor
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
SURFACE WATER PROTECTION
October 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8473
Scott Banks
717 Dillingham Rd
Barnardsville, NC 28709
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-CV-0018
Removal of Best Usage
Stream Standard Violation - Other Waste (In-stream sediment)
Buncombe County
Dear Mr. Banks:
Coleen H Sullins, Director
Division of Water Quality
Asheville Regional Office
CEC Project # 582
Date Recieved
On October 21, 2008, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ), along with Ms. Liz Hair of the US Army Corps of Engineers, conducted a site
inspection at your property along Sardis Road in Buncombe County. In addition to the Violations
cited in NOV-2008-OP-0055, the following observations were observed:
Stream standard violations were noted during the inspection and file review. Sediment and stream
channel fill impacts to an unnamed tributary to Hominy Creek (Classified C waters) were
documented.
VIOLATIONS
1. Removal of Best Usage (earthen fill) 15A NCAC 02B .0211 (2) -
• An additional ---60 feet of fresh soil fill has been placed into the unnamed tributary
to Hominy Creek, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (2).
11. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f -
• Greater than 100 feet of an unnamed tributary to Hominy Creek was impacted by
sediment deposition upwards of 1 foot in depth, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (3) (f).
North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: wewv ncwaterqualtyorg FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
oe
NhCarolina
Aaturally
Scott Banks Page 2 of 2
Goober 28, 2008
Our records indicate you were notified in NOV-2008-OP-0055, dated October 10, 2008, and
received by you on October 16, 2008, that the work previously performed was in violation of
North Carolina Administrative Code. As observed on October 21, 2008, Mr. Griffin, operating a
bulldozer with Banks Farms logo on this equipment, was grading soil fill in a wetland area and
grading soil into an unnamed tributary to Hominy Creek. While discussing the site with Mr.
Griffin, he relayed to staff of the Division of Water Quality that under the direction of yourself,
that the stream relocation and wetland fill was performed to make land usable after years of water
being impounded by a beaver dam.
REQUIRED RESPONSE
This office requests that you respond in writing within 5 days of receipt of this Notice. Your
response should be sent to both to the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
In addition to the information requested in NOV-2008-OP-0055, you must clearly
explain why work continued in waters, even though not approved in 'a 401 Water
Quality Certification, and with knowledge that such activities are a violation of
North Carolina Administrative Code.
Thank you for your attention to this matter. This office will be sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
City of Asheville Stormwater Services Division
G:\WPDATA\DEM WQ\Buncombe\Complaints\Banks-WestW OV-2008-CV-0018.doc
Appendix B
Permit Application
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Sardis Road
2. Name of Property Owner/Applicant: Mr. Scott Banks
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): Action ID SAW-2008-1383; DWQ Project
#s NOV-2008-OP-0055 and NOV-2008-CV-0018
5. Site Address: 311 Sardis Road
6. Subdivision Name: N/A
7. City: Asheville
8. County: Buncombe
9. Lat: 35.541991N Long: 82.633664W (Decimal Degrees Please)
10. Quadrangle Name: Enka
11. Waterway: UT Hominy Creek
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 18
General Permit #
Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder
Assign number in ORM
Begin Date
Authorization
Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
CLEARWATER EN iRONM ENTA]L CONSULTANTS, INC.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division.
PO Box 1890
Wilmington, North Carolina 28402-1890
-and--
NC Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ.
Property Owner of Record: MV . Sr- ot4- ?n k 5
Property Owner Address: -11-1 V _ml ? h rte 12ci .
'?!'.t?rli syi 11-x, 1v C- ? ?1 Dq
Phone number: BZ?> - (a2 (0 Z(o?j 3
Properly Location: /--) Sq rn ,S
Ow,ner/Managing partner Signature: /?-
Date: 011 1 Z l D°l

718 Oakland Street
t endersonvilie, North Carolina 28791
Phone: [phone] Fax: [phone]
www, cwenv, com

0,? , %N A TF9
0" Office Use Only:
37
Corps action ID no.
DLUa
° T DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information Ads JW IL
1. Processing
1 a. Type(s) of approval sought from the
Corps: X? Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes X? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
X? 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 X? No For the record only for Corps Permit:

? Yes X? 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 X? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes X? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X? No
2. Project Information
2a. Name of project: Sardis Road
2b. County: Buncombe
2c. Nearest municipality / t)wn: Asheville
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no., n/a
3. Owner Information
3a. Name(s) on Recorded Deed: Mr. Scott Banks
3b. Deed Book and Page No. Deed Book 4348; Page No. 1618
3c. Responsible Party (for LLC if
applicable): n/a
3d. Street address: 717 Dillingham Road
3e. City, state, zip: Barnardsville, North Carolina 28709
3f. Telephone no.: 828-626-2643
3g. Fax no.: n/a
3h. Email address: n/a
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent X? Other, specify: Owner; Mr. Scott Banks
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Mr. R. Clement Riddle
5b. Business name
(if applicable): ClearWater Environmental Consultants, Inc.
5c. Street address: 718 Oakland Street
5d. City, state, zip: Hendersonville, North Carolina 28791
5e. Telephone no.: 828-698-9800
5f. Fax no.: 828-698-9003
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9617-92-8150
1 b. Site coordinates (in decimal degrees): Latitude: 35.541991 Longitude: - 82.633664
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +/- 10 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT Hominy Creek
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: French Broad
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 has been partially graded and filled. The small unnamed tributary on the site has been relocated.
3b. List the total estimated acreage of all existing wetlands on the property:
0.92 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 785 linear feet.
3d. Explain the purpose of the proposed project:
The purpose of the proposed work is to provide high-ground road frontage on Sardis Road for the development of a
commercial facility and associated parking.
3e. Describe the overall project in detail, including the type of equipment to be used:
Prior to applying for or receiving permit, the applicant relocated approximately 535 linear feet of an unnamed tributary to
Hominy Creek. Additionally, approximately 0.24 acre of wetland was filled during grading activities at the site
The
.
applicant will restore approximately 390 linear feet of the unnamed tributary and apply to impact 145 linear feet of the
same tributary adjacent to Sardis Road. The wetland on site is approximately 0.92 acre. The applicant will remove fill
and restore approximately 0.15 acre of the wetland and apply for impacts to 0.09 acre of the same wetland
Sediment
.
impacts were incurred downstream of the relocation. Sediment will be removed, per the DWQ approved remediation
plan, for a length of 100 linear feet. Typical construction and earth-moving equipment will be utilized on site
Restoration
.
plans are further defined in Notice of Violation attachments include with this package.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes X? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ? Final
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.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes X? No
El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A site visit was conducted by the DWQ on October 8, 2008. DWQ issued a Notice of Violation on October 10, 2008.
Approximately 535 linear feet of an unnamed tributary to Hominy Creek has been relocated at the site. Additionally,
approximately 0.24 acre of wetland had been filled during grading activities at the site. On October 21, 2008, the DWQ
and the Corps conducted a site visit. DWQ issued a second Notice of Violation on October 21, 2008; the Corps issued a
Notification of Unauthorized Activity/Permit Noncompliance on October 31, 2008. Both notices were issued for
unauthorized stream and wetland impacts.
6. Future Project Plans
6a. Is this a phased project? ? Yes X? 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):
X? Wetlands X? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
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)
Tem ora T
W1 X? P ? T Fill Herbaceous ? Yes
X? No X? Corps
X? DWQ 0.03
W2 X ? P ? T Fill Herbaceous ? Yes
X? No X? Corps
X? DWQ 0.06
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 0.09
2h. Comments: Additional fill in wetlands as mentioned in the violations will be removed; approximately 0.15 acre of fill will be
removed from the wetland.
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 -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10 stream length

Temporary (T)
(INT)? DWQ - non-404,
other) width
(feet) (linear
feet)
S1 X? P ? T Culvert UT Hominy Creek X? PER
? INT X? Corps
X? DWQ 2 145
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T [:1 PER El Corps
? INT ?DWQ

S6 ? P ? T E] PER El Corps
? INT ?DWQ
3h. Total stream and tributary impacts 145
3i. Comments: Additional stream impacts as mentioned in the violations will be restored; approximately 390 linear feet of
stream channel will be restored at the site.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 individual) 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 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? 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 required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Development of the site has been shifted to the southwest portion of the property. Development in this location avoids
stream and wetland impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The site will follow a sediment and erosion control plan as approved by the City of Asheville. Work will be conducted from
the stream banks.
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 X? 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

El 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:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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? ? 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:
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 X? 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.
Comments: ? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 18%
2b. Does this project require a Stormwater Management Plan? ? Yes X? No
2c. If this project DOES NOT require a Stormwater Management Plan
explain why: Project has less than 24% im
ervious
,
p
surface area.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
X? 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? City of Asheville
X? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes X? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HQW
ORW
E01
(check all that apply): S
ss
? 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)?
1c. 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
letter.) ? Yes ? No
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 213 .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): A site visit was
conducted by the DWQ on October 8, 2008. DWQ issued a Notice of Violation on October 10, 2008. Approximately 535
linear feet of an unnamed tributary to Hominy Creek has been relocated at the site. Additionally, approximately 0.24 acre of
wetland had been filled during grading activities at the site. On October 21, 2008, the DWQ and the Corps conducted a site
visit. DWQ issued a second Notice of Violation on October 21, 2008; the Corps issued a Notification of Unauthorized
Activity/Permit Noncompliance on October 31, 2008. Both notices were issued for unauthorized stream and wetland impacts.
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.
The Sardis Road corridor is developed all along its length. Development of an additional commercial facility will not affect
development along Sardis Road.
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.
Wastewater will be treated at the local municiple facility. There is an existing municipal sewer line on the project site.
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
h
bi
?
? Yes N
a
tat o
5b. Have you checked with the USFWS concerning Endangered Species Act
i
?
? Yes N
mpacts o
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program; Natural Heritage Data - Virtual Workroom.
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?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
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
st
t
N
ti
l
? Yes N
a
us (e.g.,
a
ona
Historic Trust designation or properties significant in o
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Registar of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? T E Yes ? No
8b. If yes, explain how project meets FEMA requirements: Development will not occur in the floodway; minor fill impacts
less
,
than 0.1 acre, will occur within the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center; Panel 37021C0292C.
R. (-Ne.-4C.A + (t'"e !2. a"---R4JL 1J'IS- C) 9
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 11 of 11
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828-698-9800
CLEARWATER
Sardis Road Environmental Consultants, Inc. USGS Topographic Map
Buncombe County 718 Oakland Street Enka Quad
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828-698-9800
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828-698-9800
Map Unit Legend
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Map Unit Symbol Map Unit Name Acres in AOI Percent of AOi
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CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
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CLEARWATER
Sardis Road Environmental Consultants, Inc. Flood Insurance Rate Map
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North Carolina Hendersonville, NC 28791 Figure 6
828-698-9800
CLEARWATER
Sardis Road Environmental Consultants, Inc. Aerial Photo
Buncombe County 718 Oakland Street Buncombe County GIS
North Carolina Hendersonville, NC 28791 Figure 7
828-698-9800
Appendix C
Stream Restoration Plan
Stream Restoration Plan
proposed for
Sardis Road
April 2009
Prepared By:
Clearwater
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
?.i i
Table of Contents
1.0 INTRODUCTION .................................................................................................. 3
2.0 PROJECT BACKGROUND .................................................................................. 3
2.1. Project Location .................................................................................................. 3
2.2. Project Goals and Objectives .............................................................................. 4
2.3. Restoration Approach ......................................................................................... 4
2.3.1. Design ......................................................................................................... 4
2.3.2. Implementation ........................................................................................... 4
3.0 AS-BUILT SURVEY ............................................................................................. 5
3.1. Vegetation Survey ............................................................................................... 5
3.2. Stream Survey ..................................................................................................... 5
3.2.1. Cross-sections ............................................................................................. 5
3.2.2. Longitudinal Profiles .................................................................................. 5
3.2.3. Photo Reference Sites ................................................................................. 5
List of Tables
Table 1: Project Contacts
List of Figures
Figure 1: Site Location Map
Figure 2: USGS Topographic Map
Attachment
Attachment A: Existing Condition Photographs
2
1.0 INTRODUCTION
Mr. Scott Banks received a Notification of Unauthorized Activity/Permit Noncompliance
from the US Army Corps of Engineers on October 31, 2008 and two, Notices of
Violation and Recommendations for Enforcement, NOV-2008-OP-0055 and NOV-2008-
CV-0018, from the NC Division of Water Quality (DWQ) on October 10 and 28, 2008,
respectively. Violations include the unauthorized relocation of an unnamed tributary to
Hominy Creek. This report described remedial actions to take place at the site and
restoration plans to return the relocated channel to pre-impact location and conditions.
Table 1: Proiect Contacts
Mercer Design Group
Post Office Box 1516
Engineer Weaverville, North Carolina 28787
[phone]
Contact: Jim Mock, PE
Contractor To be determined.
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Environmental Consultant Hendersonville, North Carolina 28791
[phone]
Contact: Clement Riddle
2.0 PROJECT BACKGROUND
The applicant relocated approximately 535 linear feet of an unnamed tributary to Hominy
Creek. The stream was relocated to the northwest property line and rejoins the original
channel at a downstream confluence located on the property line. Photographs of the
relocated reach are attached for review (Attachment A). The table below summarizes the
most complete project history known to CEC.
Date Action
October 8, 2008 DWQ conducts site inspection
October 10, 2008 DWQ issues NOV-2008-OP-0055
October 21, 2008 DWQ and Corps conduct site visit
October 28, 2008 DWQ issues NOV-2008-CV-0018
October 31, 2008 Corps issues Notification of Unauthorized Activity
December 2008 CEC retained for project
February 12, 2009 CEC site visit with Corps and DWQ
March 10, 2009 CEC site visit
2.1. Project Location
The project site is located on Sardis Road west of Asheville in Buncombe County, North
Carolina. The project includes the restoration of an unnamed tributary to Hominy Creek
which is located in the Upper French Broad River Basin (HUC 06010105) and is
3
classified as a class "C" water by the DWQ. The latitude and longitude for the project
area is 35.541664°N and 82.634455°W, respectively. To access the site from Asheville,
take I-240 West to I-26 East. Take I-26 East to Exit 33 (NC 191). Turn left onto NC 191
(Brevard Road). Turn right onto Sardis Road and travel approximately 1.9 miles. The
site is located on the right (north) side of Sardis Road. A site vicinity map and USGS
topographic map are attached for review (Figures 1 and 2).
2.2. Project Goals and Objectives
The objectives of the remediation and restoration plan are to:
1. Return the channel to is pre-impact condition;
2. Establish native vegetation through reestablishment of a 10-foot wide riparian
buffer; and
3. Gain compliance with Corps and DWQ rules and regulations.
The stream remediation and restoration involves the following steps:
1. Excavate new channel through fill dirt with disposal of material (if any)
outside the limits of the remediation area;
2. Apply temporary seed and erosion control matting to the banks;
3. Plant native herbaceous and woody vegetation on the banks and at the top of
both banks to establish a vegetative buffer; and
4. Release water into newly constructed channel and backfill old channel.
2.3. Restoration Approach
2.3.1. Design
The pattern of the channel was based on old survey data and aerial photographs. Based
on the conditions of the stream immediately upstream and downstream of the project site,
it is likely that the pre-impacted stream had vertical and eroding banks. The new channel
will be constructed with 2:1 slopes. Side slopes will be planted with live stakes. The
construction will be done in accordance with the drawings on the Site Plan that is
included with the permit application.
Due to the small size of the stream channel and the existing topography and vegetative
conditions, the most appropriate planting method was chosen. Erosion control matting
and live staking were specified for both rapid and long-term bank stabilization and
vegetation survival. Temporary seeding will occur immediately upon completion of
construction to stabilize banks until live stakes can be planted.
2.3.2. Implementation
Construction of the new stream channel will be performed upon approval of this plan.
Construction access and staging areas will be located near the upstream end of the project
area. Materials and equipment will be mobilized to these areas. Construction will take
place from upstream to downstream. The new channel will be stabilized with erosion
control matting and native seed prior to the release of flow into the newly constructed
4
channel. Live stakes will be planted on 8-foot centers in accordance with the NC
Ecosystem Enhancement Program's "Guidelines for Riparian Buffer Restoration" during
the dormant season. Based on a project area of 0.24 acres and a target density of 320
trees per acre, stakes planted on 8-foot centers will more than adequately provide the
density required. Construction entrances, staging areas, and silt fencing will be removed
when planting is complete or when the channel is stabilized and they are no longer
needed.
3.0 AS-BUILT SURVEY
Personnel from CEC will perform an as-built survey of the remediation and restoration
site upon completion of construction.
3.1. Vegetation Survey
Plant density will be evaluated using two, 10-foot by 30-foot plots. All live stakes in the
plot will be counted to determine plant density. Success will be defined as a density of
at least 320 live stakes per acre. Based on a project area of 0.24 acres and a target density
of 320 trees per acre, stakes planted on 8-foot centers will more than adequately provide
the density required. Live staking will take place in November or December of 2009 to
utilize the dormant season for maximum survival potential. The site will be seeded
immediately following construction to stabilize the area until live stake planting can
occur.
3.2. Stream Survey
3.2.1. Cross-sections
Two cross-sections will be established. The cross-sections will be marked on both banks
with permanent pins to establish the exact transects used. The cross-section survey will
include points measured at breaks in slope and any identifiable features (bankfull, inner
berm, etc.).
Success Criteria: The as-built cross-sections should show that the constructed
banks are stable, e.g. they are not eroding and/or failing.
3.2.2. Longitudinal Profiles
A longitudinal profile will be completed. Survey points will include thalweg and water
surface. Water surface will be used to calculate slope for the project reach.
Success Criteria: The as-built longitudinal profile should show that the bedform
features are stable, e.g. they are not aggrading or degrading.
3.2.3. Photo Reference Sites
Photographs used to evaluate restored sites will be made with a digital camera.
Photographs, showing each bank and the stream channel, will be take at each cross-
section. The stream will be photographed longitudinally at the upstream end of the
5
restoration site looking downstream and at the downstream end of the site looking
upstream. The water's edge or channel's edge will be located in the lower edge of the
frame and as much of the bank as possible included in each photo.
Success Criteria: Photographs will be used to subjectively evaluate channel
aggradation or degradation, bank erosion, installation of riparian vegetation and
effectiveness of erosion control measures. Longitudinal photos should indicate
the absences of developing bars within the channel or an excessive increase in
channel depth. Lateral photos should not indicate excessive erosion or continuing
degradation of the bank.
6
Attachment A
Existing Condition Photographs
Photo 1. Head of reach, looking downstream.
rnoto /-. relocated channel, looking downstream.
Photo
Downstream of confluence where relocated channel ties into original channel.
Photo 3. Tail of reach at confluence, looking downstream.
Photo S. Unnamed tributary upstream of relocated reach, shows pre-impact condition.
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Appendix D
Wetland Restoration Figure
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Appendix E
Photographs Documenting Sediment Prior to Removal
Photo 1. Downstream end of sediment removal reach (100-foot tape pictured)
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Photo 2. Sediment removal reach.
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Photo 3. Sediment removal reach (confluence pictured).
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Photo 4. Upstream end of sediment removal reach (end of tape pictured).
Photo Station 1