20050829 Ver 1_Complete File_20050513

'\-

0""/ '~<;Jc..
IiJ(Jl..111I:\ \ ~
>~-
(5 ,=,:=,,-,." ,',,:-, :::!
~:p.:......~ '
~~'7:;';:...~

Michael r. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, r.E. Director
Division of Water Quality

May 19, 2005

DWQ Project # 05-0829
Yancey County

Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714

Subject Property: Bill Allen Branch (EWP DSR 2004-37)

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs. Lawhern:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 65 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (OWQ) on May 13,2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376), The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

.~.'h
~;.-
NCDEl\R

~01 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
"hone: 919-733-1786/ FAX [phone]/lnternet http://h2o.enr.state.nc.us/ncwetlands

,\n Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

.. -..--J _VUi..l...."'.

Page 2 of6
May 10, :W05

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated 'Netland Permit) are met.
No other impacts are approved including incidental impacts:

Stream

Plan Location or Reference

Bill Allen Branch

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards: .

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

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-Construction
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.

.. .....u..........y \,....uuut.y.
Page 3 of6
May 10, 2005

4. No Sediment & Erosion Control Measures win Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the January 1 to April 15 rainbow trout spawning period to avoid
adverse effects of sediment on eggs and larvae. However, Wildlife Resources
Commission will not object to construction of Natural Resources Conservation
Service "urgent and compelling" sites during the spawning period provided these
. projects are, to the extent appropriate and practical, constructed by: (1) using flow
diversion structures such as sand bags, (2) placing large-sized rock toes and filter
cloth backing for stabilization sites before backfilling, and .(3) excavating new
channel alignments in dry areas. Construction at the other non-"urgent and
compelling" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should Occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition. because of an anticipated
difficUlty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

... ..................) -VY!J"J.

Page 4 of6
May 10,2005

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. In stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

11, Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stre~m shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery cropof wheat, millet or other grain.

... -..""''''''J ,",VUI1LJ.
Page 5 of6
May 10, 2005

14.lf pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

15. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 30 feet of the
stream bank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)

45. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401NVetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.

17. Turbidity Standard

The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

18. No Sediment and Erosion Control Measures in Wetlands

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the ~ivision of Land
Resources or locally delegated program has released the project.

.... .............J '-"VUJ.J.LJ"

Page6of6
May 10, 2005

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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 ~ivision of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr, Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

Sincerely,

{f~'-I C. c;e.,,,,-,-,,~4 /-'

Alan W. Klimek, P.E" Director
~ivision of Water Quality

AWKlkhb

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: Stu Ryman,
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0829. EWP. BillAllenBranch.Approval

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
RO(JAr Frlwrlrrls

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Bill Allen Branch E\VP DSR 2004-37
Project Number 05 0829
Recvd From APP

County Yancey
County2
Region Asheville

Received Date 5/13/05
Project Type E\VP

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

INW37 I Stream IOY @)N I 17-2-52-33- fC:1 TR 130,406. I I 65.00
I I IOY ON I I r-I I I I

MitiQation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 YON Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 355430 Longitude (ddmmss) 821611

Comments:
issued - ARC - KHB - 05/19/2005

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Bill Allen Branch E\VP DSR 2004-37
DWQ#: 05-0829
County: Yancey

Date: 5/16/05

To: 60-day Processing Time: 5/13/05 to 7/11/05

r:-nll \- r:"~"'t",l'rl
~. Hi,j'. ...ill".'. \:'1
U: '" iI j\ [.~ I r. lj I'
ii L-~ L.. 0...~ U L c

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D

D

D

D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D

D

D

Stream length impacted
Stream determination
Wetland detennination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as teclmical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

050329

May 9, 2005

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351

www..lt.mO".."...OnmOO...p@@OW@ v.., ,

MAY 1 a@" ,.
- 2005:..: ·
.,
DENR ",
1\E7LWDS MDW.S:.17i~~ QUALITY
"'IlriWATER BRANCH

()~ ~) 1

Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Subject:

Yancey County EWP Project Pre-Construction Notification Applications for Recovery
Site Bill Allen Branch DSR 2004-37

Dear Ms. Karoly:

Enclosed is the Bill Allen Branch DSR 2004-37 EWP recovery site application for Section 404
nationwide permit 37, and corresponding DWQ 401 water quality certification. Recovery work applied
for in this permit includes streambank stabilization and debris removal. Mr. Ryman has signed the
application as an authorized agent for Yancey County. A letter of authorization is included.
Additionally, we have sent one copy of the enclosed permit application directly to Mr. Kevin Barnett in
the Swannanoa office, Mr. Scott McLendon of the U.S. Army Corps of Engineers, Mr. Brian Cole in the
Asheville U.S. Fish and Wildlife Service office, and Mr. Dave McHenry in the Waynesville N.C.
Wildlife Resources Commission office.

Altamont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.

Sincerely,

Stuart A. Ryman, P.G.

Enclosures:

PCN - Bill Allen Branch DSR 2004-37
Letter of Authorization

CC:

Michele Lawhern - Yancey County Manager (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)
Kevin Barnett - NCDENR Division of Water Quality (with attachments)

C:\Documcnts and Scttings\Stuart BiIIs\My Documcnts\Projcct SitcWorks\Altamont Environmcntal\ACOEpcrmitcovcrlcttcr-
DS IU 7\D WQpcrmi tcovcrIcttcr- Karoly- DSE3 7.doc

Office Use Only:

m~@~nw[g@

~,~AY 1- 3 Z005

Ie !1~1 : " . J ,./
~ i i- i-. l

. DENR - WATER QUAl/TY
USACE Action ID No. \"ETl.ANDSAN~'N'iRf3RA1:CIf

(If any particular itcm is not applicable to this project, pleasc entcr "Not Applicable" or "N/A".)

Form Version May 2002

050029

I. Processing

1. Check all of the approval(s) requested for this project:
[2] Section 404 Permit D
D Section 10 Permit D
[2] 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requestcd: Natiomvide'37

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check herc: D

4. Ifpaymcnt into the North Carolina Wetlands Restoration Program (NCWRP) is proposcd for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
scction VIII and check here: D

5. If your projcct is located in any of North Carolina's twcnty coastal countics (listed on page
4), and the project is within a North Carolina Division of Coastal Managcment Area of
Environmental Concern (see the top of page 2 for further details), chcck here: D

II. Applicant Information

1. Owner! Applicant Information
Name: Michele Lawhern, County Manager
Mailing Address: 110 Town Square
Yancey County Courthouse, Room 1
Burnsville, NC 28714

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]

2. Agent/Consultant Infornlation (A signcd and dated copy of the Agent Authorization lctter
must be attached if the Agcnt has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Addrcss: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

III. Project Information

.. )

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Bill Allen Branch EWP DSR 2004-37

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): See attached Table 1

4. Location
County: Yancey County Nearest Town: Burnsville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Burnsville, follow NC
Highway 19E east. Take a right onto Bill Allen Branch Road. Bill Allen Branch runs
parallel to the road the length of the project area. See attached Figure 1.

5. Site coordinates, if available (UTM or LatlLong): 35054' 30" N/820 16' 11" W
(approximate center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): Multiple - See attached Table 1

7. Nearest body of water (stream/river/sound/ocean/lake): Bill Allen Branch

8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc,us/admin/maps/.)

Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:

2

Land use in the vicinity of the proposed project site consists of agricultural and residential
uses. Portions of Bill Allen Branch were impacted during Tropical Storms Frances and Ivan.
Stream bank erosion has occurred in two areas along Bill Allen Branch. In some locations,
the stream is clogged with woody, mineral, and/or /lOn-native debris, reducing the hydraulic
capacity of the channel. The streambank erosion and reduced channel capacity threatens the
stability of roads, driveways, structures and property.

9. Describe the ovcrall projcct in detail, including thc type of cquipmcnt to be used:

This Pre-Construction Notification form addresses the entirety of DSR 37. DSR 37 covers
damage from Tropical Storms Frances and Ivan from the upstream end of Bill Allen Branch to
the confluence of Bill Allen Branch and Little Crabtree Creek Streambank erosion occurred as
a result offlooding during the Tropical Storms. This DSR includes two distinct areas where
streambanks have eroded and are in need of stabilization. The locations of these sites are
shown on Figure 2. The post-jlood condition threatens the stability of property and driveways.

Less than O.5-acres will be disturbed during stream bank stabilization activities. Therefore a
formal approval of the Erosion and Sediment Control Plan elements of this proposal is not
needed. The total disturbed buffer will be less than 100 feet within 1,000 feet, therefore an
application for a Trout Waiver will not be submitted.

All work will be performed as per conversations between Altamont Environmental, US Army
Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US
Fish and Wildlife Service personnel on other EWP sites in this watershed. Work will include
streambank stabilization in the area described below as well as stream bank re-vegetation.

Bill Allen Branch is classified as 'C', 'Trout' waters throughout the project area.

The following activities are proposed in the project area:

1) Two distinct areas in need of stream bank stabilization have been identified, totaling
approximately 65 linear feet. Repairs in these areas will involve the following:

· Stabilize the riverbanks by removing unstable vegetation, placing large angular stone or
coil' logs at the toe of the slope to an elevation above the normal water level, backfilling
behind and above the stone and/or coil' logs with rocky debris removedfrom the
floodplain or imported to the site, topping with soil and planting native vegetation.

2) Softening of minor over-steepened banks and riparian planting,

Work will include: stream bank reconstruction and stabilization in the areas described in this
permit. Equipment used to accomplish the above tasks includes: 15 ton dump truck, hydraulic
track mounted excavator with thumb, and chainsaws.

The locations of the streambank repair areas are provided in Figure 2. Representative typical
photographs of damage and proposed repairs for the streambank stabilization areas are
included as Figures 3, 4, and 5. Repairsfor each of these areas are detailed in Figures 3A, 4A,
and 5A. Specific areas are summarized on the table on page 7.

3

Stream bank Stabilization
Stream bank stabilization is needed on approximately 65 linear feet of banks within this project
area.

The proposed method of repair at each of the areas will be very similar in nature and will
involve stabilizing the bank in its pre-flood location. At site location one, a key in trench will
be excavated at the base of the existing slope as necessary. Large (two to three foot diameter)
angular rock and/or coil' logs will be used to stabilize the toe of the bank. Large rock will be
used at the toe of the slope. Coil' logs will be placed above the rock (1-3 layers). The area
behind the coil' logs will be backfilled with rocky debris material excavated from the floodplain
or imported material, and soil will be placed on the top of the reconstructed bank to aid in the
establishment of vegetation. Where sufficient space is available, a bankfull bench will be
constructed in the fill area to increase hydraulic capacity and enhance future bank stability. At
site location two, the steepened bank will be softened and revegetated Both areas will be
seeded with grasses upon completion of heavy equipment work. With the landowner's
permission, live stakes and bare root stock native trees and shrubs will be planted on top of the
bank stabilization work.

Work will be performed from the riverbank to the extent possible. Stabilization of streambanks
will require placement of material in wet conditions. In such cases, sand bags, or the
equivalent, will be used to deflect water flow away from the work area, as well as prevent water
from accumulating in the work area. Standard erosion and sedimentation control measures will
be utilized throughout the project.

The work addressed in this application is intended to improve the post-flood hydraulic capacity
of the stream reaches discussed, stabilize severely eroded streambanks that are threatening
structures, and to return the areas to pre-flood conditions. The proposed actions are not
intended to enhance existing conditions or restore the stream reaches using natural channel
design techniques. Such activities would require detailed engineering evaluation and design,
which are beyond the intent of the EWP program.

A summary of affected property owners is included as Table 1. All property owners affected by
the proposed work have signed access agreements.

At each work site, work shall proceedfrom downstream to upstream to reduce sediment
loading. All staging areas will be less than half an acre in size. Work will proceed as follows
at each work area (as applicable):

1. Flag the work limits.

2. Mark live trees and shrubs to be protected.

3. Construct temporary construction entrance/exits, where necessary.

4. Install sediment fence around staging areas.

5. At the end of each workday install erosion control matting or geotextile fabric on exposed
soil using removable stakes. Erosion control mats will be constructed of coil' fiber or a coil'
fiber mixture for maximum erosion protection, vegetation establishment assistance, and for

4

minimal impact on wildlife. The applicant is considering the use of pre-vegetated coil' mats
to improve erosion control measures and speed the revegetation process.

6. During construction, place large boulders and/or coil' logs at the toe of repaired
streambanks where necessary.

7. Fill and compact behind boulders and/or coil' logs. Cover with soil, install erosion control
mat, and seed.

8. Inspect and maintain repairs.

A site-specific engineering design based on a specific storm event was not completed because
the EWP program is not intended to fund stream restoration design or construction work
Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss of property or life. Because natural channel
design methods are beyond the scope of the EWP program, published literature values were
consulted in order to specify the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter cloth will be placed
behind large rock usedfor streambank stabilization or for ilz-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. Ifroot-wads are
used they will be installed so that at least II3 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, coil' logs and natural fiber erosion control
mats will be usedfor streambank stabilization.

Once site construction has ceased, the banks of the restored channel will be seeded with a
native floodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used
(when available) to line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabriclsod-
matting in these high stress areas. Broadcast seeding rates will be as specifiedfrom the local
nurselY, generally 15-20 lbs/acre depending on species. With landowner permission, native
shrub and tree species will be planted throughout the project reach at a rate of 320 stems/acre,
securing near bank areas and providingfuture shading to the channel. Existing woody
vegetation will be preserved to minimize project impacts. The following steps will be observed
with respect to vegetation:

1. Exposed soil will be covered with erosion control matting at the end of every workday.
Mats will be secured using removable stakes.

2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of
native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary
native grass mixture immediately following completion of the work in those areas.
Temporary seeding will be accomplished using an application rate of 120 pounds per acre.
Straw mulch and tall fescue will not be used in riparian areas.

3. When possible sod will be taken ii'om adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate stabilization within five days of ground
disturbing activities.

4. If sod is not available on-site temporary seeding will occur on all bare soil within five days

5

of ground disturbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.

5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain.

6. Woody vegetation will be planted during the normal growing season assuming landowner
permission.

10. Explain the purpose ofthe proposed work:

The work being described is recovery work under the Emergency Watershed Protection program
to protect existing property and structures. Stream bank stabilization will also prevent further
erosion and sedimentation to the South Toe River.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). Ifthis is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.

N/A

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.

No

VI. Proposed Impacts to Waters of the United StateslWaters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream chaImels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland aIld stream
evaluation and delineation forms should be included as appropriate. Photographs may be

6

included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts:

Proposed impacts include channel realignment and streambank stabilization. Precautions will
be taken to keep heavy equipment out of the stream channel except where absolutely necessary to
install bank stabilization measures. Work will be conducted in the dry to the extent practicable.
Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to minimize sedimentation

2. Individually list wetland impacts below:

There will be no wetlands impacted at this site.

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact lOO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)

List each impact scparately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, scparately list impacts due to both structure and flooding.
** I DO-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fcma.gov.
*** List a wctland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forestcd wetland, beaver pond,
Carolina Bay, bog, ctc.) Indicate if wetland is isolatcd (dctcrmination of isolation to be made by USACE only).

*

List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width
Stream of Stream Perennial or
Site Number (see Type of Impact* Impact Name** Before Impact Intermittent?
Figure 2) (linear feet) (ft)
Area 1 Streambank Stabilization 35 Bill Allen 10 Perennial
Branch
Area 2 Streambank Stabilization 30 Bill Allen 10 Perennial
Branch

7

List cach impact separately and idcntify temporary impacts. Impacts includc, but are not limited to: culvcrts and associatcd rip-rap,
dams (separately list impacts duc to both structure and flooding), rclocation (includc lincar fcct bcforc and after, and net loss/gain),
stabilization activitics (ccmcnt wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposcd, plans and profilcs showing thc linear footprint for both the original and relocated streams must bc includcd.
** Strcam namcs can be found on USGS topographic maps. If a strcam has no namc, list as UT (unnamcd tributary) to the nearest
downstrcam named strcam into which it flows. USGS maps arc availablc through the USGS at 1-800-358-9616, or online at
wWW.usgS.gov. Sevcral intcrnct sitcs also allow direct download and printing of USGS maps (c.g., www.topozone.com,
www.mapqucst.com. ctc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 65 linear feet

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)

*

List each impact scparately and idcntify temporary impacts. Impacts includc, but are not limited to: fill, cxcavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Size of watershed draining to pond: N/A

Expected pond surface area: N/A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts

8

were minimized once the desired site plan was develop cd. If applicable, discuss construction
techniques to be followcd during construction to rcduce impacts.

On behalf of Yancey County, Altalllont will provide contractors engaged in the implementation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during stream bank stabilization and
stream relocation work, except where absolutely necessary to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allow for bank stabilization and debris removal sufficient to restore the
hydraulic capacity of the stream channel. Temporary grass cover shall be planted on all bare soil
within 5 days of ground disturbing activities. Provided landowners give permission, herbaceous
and woody shrub and tree vegetation will also be installed on the riverbank upon completion of
bank stabilization work Yancey County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are beingfollowed.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice oflssuance and Modification of Nationwide
Permits, published in the Fcderal Rcgister on March 9,2000, mitigation will be required when
necessary to ensure that adversc effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in detem1ining acceptability of appropriate and practicable
mitigation as proposed. Examplcs of mitigation that may be appropriate and practicable include,
but are not limitcd to: reducing the size of the project; establishing and maintaining wetland
and/or upland vcgetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by crcating, restoring, enhancing, or preserving similar
functions and values, preferable in the samc watcrshed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrcnce shall be placed on hold as
incomplete. An applicant may also choose to rcview the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.em.statc.nc. us/ncwetlands/ strmgide. html.

1. Provide a brief description of the proposcd mitigation plan. The description should provide
as much information as possiblc, including, but not limitcd to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreagc/linear fect)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed rcstrictions, conservation easement, etc.), and a

9

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wro/index.htm. Ifuse of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes [g] No D

If yes, does the proj ect require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.'
Yes D No [g]

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

10

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pan1Iico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes 0 No [g] If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. Ifbuffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

*

Zone 1 cxtcnds out 30 fect pcrpcndicular from ncar bank of channcl; Zonc 2 cxtcnds an
additional 20 fcct from the cdge of Zonc 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

Impervious acreage will not change. Erosion and sedimentation prevention and control will be
maintained throughout this project primarily through proper lvater management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacity for expected jlow events. Equipment, fuels, lubricants, or other
potential sources of water pollution will not be stored in areas that could bejlooded during this
project.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.

Portable facilities shall be provided at the work site.

11

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No [g]

Is this an aftcr-the-fact permit application?
Yes D No [g]

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

S'le (os

Applicant/Agent's Sig ature Date
(Agent's signature is valid onl if an authorization letter from the applicant is provided.)

12

YANCEY COUNTY

Michele P. Lawhern, County Manager

John Renfro, Chairman
Dean Hicks, Commissioner
Blaine Whitson, Commissioner

County Courthouse, Room 11 · Burnsville, North Carolina 28714
PHONE: [phone] · FAX: [phone] · EMAIL:[e-mail]

November 10,2004

Altamont Environmental, Inc.
50 College Street
Asheville, North Carolina 28801

Stu,

At the regular monthly meeting of the Yancey County Board of Commissioners last
evening, the enclosed contract for professional services was executed, relative to EWP
Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this
Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to
sign and execute all necessary pennits and coordinate communications with said
regulatory agencies.

If there should be any questions about the above, please feel free to call me at any time.

m/elY,

V "~~hem

Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746

MAP ID

74
131

PIN

OWNER

P;/DSRS/DSR 37 BILL ALLEN BRANCH/parcels_bill allen_acoe

TABLE 1

AFFECTED PARCELS
BILL ALLEN BRANCH
DSR 2004-37

YANCEY COUNTY, NC

ADDRESS

, 59 BILL ALLEN BRANCH
436 BILL ALLEN BRANCH RD

CITY

CHANNEL STEAMBANK
REALIGNMENT STABILIZATION
I :

...J(Y

N

w-Q-.

@5\_Jt.~ '
. ~:.~. L:,'P

Figure 1
Site Location Map
May 4, 2005
USGS Burnsville Quadrangle

Scale 1 inch = 2000 feet

Bill Allen Branch - EWP 2004-37
Yaneev County. North Carolina

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] F AC .828.281.3351
www.altamontcnvironmcntal.com

P:\Templates\Figures in Word\Figure Border.doc

," ''''''';

I' \.; '.J' 'j:
" '\ \'. .. '.,
~ t.... _\ \, ,"-l ...
: .'.' : j - j

> .:(,,'<,';':; ::',':-
':'.,~ \. !
~. .' 'II -',.!

~ 7" ~:--, f :.,{"

\-...'.; ;:!t. ---1 /;'~{:;' i. ' '~
ilt>~ )tf:~.. / .C " .. ......:a. .':: ,. -.
.;.,>",~_""".,~...:~:*!~ " "'!.""~f,,: ,k\ .
. " "0\,. c' "\',~.. . ',. , " . ; . I.......... S, . ~ .. ...'0- ., ( .1l
.' -4..~ ,. ~~'~.._~ '.: ~'.""'''''' ~"'''\l.. .. "".,

" ,: ~ '>ilIlf.. ' ~'. " ,,"C.,"
'7 _,.. ''*'' ,,'~..=..;l.\ "..
,""'t'-:'. .'"'' ...~

.. ".'~ .~......~

~ ..'~...., i
.. ". ,.~ ."".
'.

"

J~REA

...."...:;"7'.1. ~. :;'7)'.
''i'';''''''~''':',~' ~
p;-.::;....'- ._...'--....:~
.' ........--.
-; ;j" .,. "'---c
"1~-"
. .'1[.::..- -..:. ..,
. .' ".,
Jr1i - ,.;/.......
-~---J! I~ -;";.:: I
~-- l \...: '...
1 ....,,:"1/ -,,'
\ h'"

'.

I? lL ......
.. / ;'JfII(~
: /",;~.
..!r ,tiC.. fr':!'~
I'~,~. ;,1"

I"~ .
....I

-...

... ....
. .j.,;'''~?_<'
, -I"'.t',
.......;;) .
, J ~ ~,
",:i~'?,

rn

,,,.,
......

, .

/

. J" ,

, -, ~~:~~~

~.

" ,'~.f
~ ~J,'
'. 'I
..,'I-
~.rl

'-

.,', ,/
'~7

.""-

. "';w ~~~",

~~-......~"~r
II", ---____
-f~"
.~-.........-

,~,~

.~
I

"~~
L ..... .
I . -....-' .'-....(/ "".
.; ",~/ i/l 'f I ~.' .,'--:
#,fill' -..i,' ~ I . "'" . ,.,_~... \. .

j/~l ;<r\',~~j'<.~i,~'

"/ ~,,> .'./), :.
-" \ :",~../ > '\
/. ,;"\~..-'( ~
"'. / '.' '- . ..t.
~>,,"'" . on.
.."-;.-<".., ..
:" ~,"I,,,~,':

"

,.",,\

4

"Il

, '
.' . I
'''''':.:iJIl, ;
,""';':;.j, ""...~

.fll!'

,l ,:'~~

~.. ~

"

..;,.-

,,,
I "~-"__
\.~_i . .___
""~'
.. .. .".. .
, '..~}.

".1 :1

'.1

;f~
~ ..

,:if. ' .
":rll;~'1> .
"~"
, .,;,1f\
~~. ; ~ ~"~~\';r,~

. ,

~......., :r

,\--\.~ '
't(' . ~''''''~
"', "'

~~"

>~ j' .
" .

,'.. ,~
~ '

"

J ,

. ,. .;~~,.-,

\ l

,
I' ~

!" : "-~ ~ .

..

~

'"\

"..:

.----..-~~-,---!'!f:;,

" ~,
't;~~" .:",

rv
N
200

I

Legend

Property boundary
Road
Surface water

400

200

Feet

Figure 2
Bill Allen Branch
DSR 2004-37
EWP Project Area
Yancey County, North Carolina

I~~~~'h~~l
:,.."~,,.. ;." 'L.' .1'.. . . ". ."" .' .:

IENGINEERING & HYDROGEOLOGY I
50 COLLEGE SlREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
W\vw. aI tanlontenvironmental. com

o

01-25-05

"
I

-!.-,!" ...

i
'T-
. .
',. I

....:...

1/
...

.
"'....
" .- ,,'

'" .' . t::;:.c- f ,~--

':..1" .

~ ,)~.. +';\;:v~.
.'~ :;;~-: - '.,J"". hi
~--....' ,~ "..~
Ii.: '. .... ..; ....,.
....r.......: ~.,:<;.-~
,. "",' ',...~...~
.1 ;, ':- .'..... ......:~z.;.: ':"
" \. .."~, "

i\..;',~~"':~:' · .\.~ ~~;~jJ.s.U'" "
(': 'j~; ~i" ~ ~ '\i !~.;;.~ _'. ~.'."'r".~l:,'.'...'.:.c.'_.,_' '.'. "...;..J", '. .,.....:.._.. ._.....', ':_.,...."~.~.~.,.~.:~_.,~.i.:.....l..i..t...'..'.~...'.f...;'~
~);:;~:\~: ;,;.r:.',\..::,.,.1~~;.~.~\.:. _ ". ~~. . ',"- .
,\.1". ." " ~_.......... .1....,- \'.-.:...r~~~.;";."......,,~'~',, ;;\~'-~,
-,~,~, -'. "'\.'~r ~.

~t, ,
f~~1i,'- "~~":,;/;"
;.:',:" ,::;:'~~"':;~1~.:' '\\J.;:.!:.;';:' '\
,",. . o;;"_:",~~,l-t"-~---"""//I.-,.f~,,,~,,'ll k"~'
rr~f:'~::i," ,,: . -.' . \'
. ,',' ,,;::;i:?~~1;;i;'!J~i~:~li,:'

....,'- - ....'. ~"""",." I I~~" {,;':',; ,', J'\, '. ~ \
'!'!?:~..1.~.rt"ft'l. c:;,.,J,/4':.:'-'/.> t~~"':'i':';~l.~'~f~" .~:!"~ ~~ ,"-1r,~.t
.,~,~~...,,_ f f,JCV,.,.."..~"~..,.'k'I' .Aj,~L",'1~"'" /-; ,
"~~~...-~ ...~v """,~~"II(!". I/.'l;' -...,"'(,~~ ~'.t#'" "
~.o!."L-~ ~ )ilf4'~~'''._''''~;or ,';:,,/~'.~~";';","":f.. J4 ~;\
J;~:-~~~""''Ll~''~ ~~J~, .~,~~ ;:-/~.,'.,.,1,.,".,.~' ~",.t'ol'" ,~~.
.,.". _. ~,",I~ .T.:."._.......~":. ,.,\;, I' '" ,J-'t....i. \ 'L'JoI
,~. '\,1.." ~, 1.\" ~~40-......-..f.r.- 1....~...;_(~...--'i.,.. 1.,nl4.."'~~'"}1. J ,~.J~....~.it"{J';'':''\
" ",to~, \ ,,'\ r: ;(, ... ':_'. ~ . ,,,.J....' \t. E" ~.... J." ... -;>.-J" -l.r /'1.IJ.,.~.~ "f,:...f!~~~;' '\J
\~. .... ':\ ~'( j"'~'. it.:L,.'.j'~ ~?,.....,..I(J .... '~~"t"'. ""-~,,,~,....._u~J''' {'"
\'. 'n....~'..." \ r !\' '.~ \;., 'F jII'-:\ ". .~'i1:i\, ,~h - I ~ .' '. .... ,~;"',' [~,;; t-..., "T' r
. \.~..... / ... ~.,.;j.. : !:'t' _:':'~LJ.:.L.:/~~J~' \~/ ~(:{jt,l:I': "~',

~"~.~~.': ~',:~. ':'~~~~~~ . : ~1 . - .. ,. .., ~^;

\. {'" [r.~.' '.. ~..' " .... "" - '. .' ...' (..

,: ~f~~~t)tE\1,1jtI~Jt'~j

., .;.~.........jl '. "~'__" .n~'~
.... ~ .>.:..".~~..J~'-_ _.",.:.:... '.";.'~' .
. . c ~ .. 'V: '-,'< ,';1'!"-,.. ......~ ~ _ ,
'-,:L~::~~,".:'.;4
__ ...., .....-......;;:.-.'<--;.. ?_t..~ J
. ifi'ljjJ;
. ,:.----~\~'t. .~.t~'
,~~:~'~~~:,:.~~,

"'"i'".. ---~--......-:.-:T' ~.;~ "
'J I' . .:.i,..,tl; i'
., ";"","(i,~ i I

" 'il:~ ::. 'J" ,', i:~"lt{fj;/!

10:" 1'.i1:;' 11-
....,F

,-',: . tfo'\.,~~;~J'~I~l~. \,;i'
;' \'J,!\~;~j~r\,:\.~,::t1?I~c'
',;i~~;:(ii~~~;t ~.t:: ~:l~":~\~

,,'\'..,.,'" .<.JtJt\f'~'" .,. ,

if~~;~1\~!J;lt:,~~;',

Figure 3
Area 1
Bill Allen Branch
DSR No. 2004-37
Yancey County, North Carolina

--

I ENGINEERING & HYDROGEOLOGyl

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmcntal.com

." .~;.
,....of .~. rt

~'):f~{~Si~" ~ ~ ,
<.y1~t; ~m
u......~.;;,i.. < .,
. ., ,o!
':~!:yr.."~i~~ !. : lif ~

,'. .., .",".!f ,. 'Co'_ .", , "
.. .: ,;; "u h'\" U " ~ >
.' ,_I "'r':; ." · ~~
\'. :.,ihl; ~iJ''''J . : . .. g W 5
....\,. 'T.' '/ 0_0
.;.:. ,~. ,;," .' .." ,.. J~u
. .:m"'" .-.....,;,... 00>
... .J:':"Y' · .'~':' '., I" < 4 W ^
. "...,' V," . ",..' ". .\.-'). "Zuo
,'" .",:\,.;!.,/~.." ,:<"..,.(,..' """ >-"~~~
. ......._. ,:-.r,'" ....: .,.~.."F:,,1,1) ~~rg
:,::; .," I!. '.. . ,,-,,,'" ,'. !';,".. I Z wU i'~
~.' ,'.' . '\ .;.. . jR' . .,..,~" -.,,,,,,"" C' ~
. .", ~ ,,!?, .. ",c' '._ ..: ,". .h. ~ 0' _as ~
. :: ~.~., I .....,. .. .. ---C-::-. l;"~._~",7! ",- ~
,,;... '<-,~.,' ',' ".:' " if? .. ....' 'o;;..~J r . ..': .,.' . ~ ~ d ~
..~;<..,..,.:,:...~;. ," .',.:..",,~,';1 ;":.,~1'. \.-.....' 1:
" 'JJ(.I.."..,..~' ) ',' .(. _ ~ 'if..' /:'-.' --'.~' .'''t'. :"~ j,;f ;.' .~
',." < "':':. ;.",l'r; / \~'. \,., .. ;J /.:. _':~"""I .';;;lei f' :,.: " .,., ..
. """.' ,i' \. ;,>' . ", ., l''' ~. . ; .,' ".; t; h"- -;<~.. II ",' ·
';..:...~.t;;. .:::;}; 4>:~' (\'"V '. ~\~,..s~}.;..it?P ihiJ, ,tj~, - .:A-

. " ., " ". ~ ,,> 1 ,\. . I ,,"'" ' ..' " .Y

. .."...~l.lt;~.... ,,:~ 'X 'l'l"'" 1,. I:-..........~...,. 'J,
4" . .' " " 1'-' ,.' " ,.' ' '. ~~ I . - - .'~ .......,)..
./'_. ,," " '(~ ,''\, \ I \. ','.....).. I ".~q" .... . \.~., \;~. ....
,"':;; . ,''''. .,'! ',. ,>".' :', .' ' '. ,.' - -..,; . :.-..' ~.. ..-. ..,.'...'
.. .. ~" .. ,,' 1/ " . , . '\'1.'" . ''I'' .,', '"' -> .. i'..J >. ..... ...".;.
,.l~' 1,1- 0( oJ. .:'. :, ~ '..' ;' .' ' '..' . ,;.,'if:" .. '.' ' : "" '. ,.:;.!~';'."" ...', :..
.' ,I I. ,.;, < .' . ,> .', .' i:/' . -." l'" . ,. ,"."'" ..
" ..... \ ....... > .. '" . I _' _ J . ......l ~ ......\.1 .',' tI . . Ill,
I 'I . n.' :.' ,~Jt ~.. f!" ..'....' ., r~""'^'''''' \" -",' ,.;... .. : ,.,,'.'
. .. .." .,.. ,," ~". .. ..--", ..." " ".......,
l""I,I.""~""';" r.Jd?"'" " · . .'y,..".........,...,i""

:..,));:,.';.,:\..'!,"'i'~'~ ,'.' .' /A';: l';"~'~?"O/;:'~':,:::,~}

.' .. "f .,.r"- .' .,' .Ii-' ' . q>',,," .... .,

',' . ;-'," O:~~1r ;. ,f;;>~ ;:.'; .:\d~'~~E~:"~i~t'~;~sf i:

,
, J

i', f

. a" ~;.~
. ; t, . ".',4
.,.' I' "" r

_ .-~~ ,: ~:'J
'.:~{~~ :....:;:,

, ',~ . '.1

. >~i :~'.,.,

.. .- .~:) '.: . ~ ,...

-I.l>' ...., 'i.
:'t-\'.~.." .
, ,.) ".. 4.
. ~l.'i 1 ' ,
.,,,,-' ..

c/:'~:Vi~')

W
0:::
:::J
o
LL

~

z
o
I-
<(
N
-(J)
---lW
0)0::::
<{:J
I-(J)
(J)<{
W
2::2::
<{
W
0::::
I-
(J)

IU
uZ
r--- Z ~
to<(>-
,o:::f-
-tmZ
gZ:::J
NWO
.-JU
o.....-J>-
:?:<(W
W.-JU
.-JZ
-<(
m>-

W
-!
<J:
U
(/)

a
f-

f-
a
Z

ALTAMONT ENVIRONMENTAL, INC.

IENGINEERING &: HYDROGEOLOGYI
50 COllEGE STREET, ASHEVILLE. NC 28801
TEL.[phone] F AC.828.281.3351
www.altamontenvrronmental.com

DRAWN BY: PAUL Dow
PROJECT MANAGER: STU RYMAN
CLIENT: YANCEY COUNTY
DATE: 05/5/05

NOT TO SCALE

STREAM STABILIZATION
MEASURES
EWP 2004-37
BJLL_ALLE t~LB ~..G>.~CJ:l
YANCEY COUNTY, Nt

FIGURE

38

FILE PAlli, P'\YANCEY-<:~IDSRsIDSR 37 - SILL ALL... SRANCHICONCEPTUAl DESI" PllOTOS.DWG

~
~
~
3
Z i:i
0
0 !
-
I- ~
<( n:U ~
N(.f) uZ 5
" Z ~
<:(>-='
--.JW 1'(0:::1- ~ I
mO::: ...:tCOZ
01:) :J
<(=> oZo a; I
~
I-(.f) NWU '"
..!.J 55 I
(.f)<( CL..w>- 9 I
w ~fW ~
~~ W..wU ~
<( lJZ
-<(
W CO>- ~
z
0::: '"
~
I- a:
~
(.f) ..
..
~
u:

.J..

l

W
-.J
<l:
u
en
a
f-
f-
a
z

Z
<l:
L
>-
oc
:::l>-
1-1-
(/)z
~ :::l
0..0
OCu
--,W
::>I.?>-
<t<l:WLn
a..zuo
<l:Z;n
..L<l:....
>- >-Ln
COI- 0
zu.:.:
:;:wz..
<l:'ww
ocO-1-
og:dC3

I
J
'I
l~ _~~

Figure 4
, Area 1
Bill Allen Branch
DSR No. 2004-37
Yancey County, North Carolina

ALTAMONT ENVIRONMENTAL, INC.

I' E N GIN e, e R I N G & H Y D R 0 G e 0 LOG Y I

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmental.com

J~

I

l_L~ L___

I
J

z
o
f-
<(
N
-(/)
--.JW
OJ a:
<(~
f-(/)
(/)<(
W
2:2:
<(
W
a:
f-
(/)

----~

-------'---------...."'"

i

k

IU
uZ
Z
r:-.<(>='
'?n:1-
..:tCDZ
o :::>
OZO
NW
I-'u
OL-'>-
S;<(W
W-,U
-,Z
-<(
CD>-

~

[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

.'

"

Subject: [Fwd: [Fwd:'[Fwd: STream Clearing Activities]]]
From: Cyndi Karoly <[e-mail]>
Date: Wed, 16 Mar 2005 15:58:57 -0500 ,
To: Laurie J Dennison <[e-mail]>

fyi - so please note that fees are waived when you create these files - perhaps a
brief handwritten note in the file jacket, or ,we can add a copy of this messag I

Subject: [Fwd: [Fwd: STream Clearing Activities]]
From: Tom Reeder <[e-mail]>
Date: Wed, 16 Mar2005.15:4J:18 -0500
" To: Cyndi Karoly <[e-mail]>

Cyndi - In answer to your question yesterday it appears that the fees are bein
waived for the EWP associated 401s.

Subject: [Fwd: STream Clearing Activities]
From: Alan Klimek <[e-mail]>
Date: Wed, 16 Mar 2005 15:37:40 -0500
To: Tom Reeder <[e-mail]>

\
I,
\

Yes, the fees are being waived. See attachment.
Alan

-------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <robin.w.smith~ncmail.net>
Organization:NC DENR I
To:Alan Klimek <Alan.Klimek~ncmail.net>, Jim Simons <Jim.Simons~ncmail.net>,
David Vogel <David.Vogel~ncmail.net>
CC:Johanna Reese <Johamla,Reese~ncmail.net>, Nann Guthrie
<Nann.Guthrie~ncmail.net>

,~,

.'
,

~~: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday. We will hand-deliver a me~o containing the same
basic information to the mountain area legislators tomorrow. We are
also working with the Governor's Office on a news, release; I am not sure
how soon that will go out. Give me a call if you have any questions.
Thanks for working toward getting meetings set up. Robin.

.c.
~:','

lof2

,I
I

.. __L~__

3/17/20056:46 AM

[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

Robin W. Smith <robin.w.smith(@,ncmail.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR

[Fwd: [Fwd: STream Clearing Activities]] Content-Type: message/rfc822
Content-Encoding: 7bit

f'------------ -

[Fwd: STream Clearing Activities] Content-Type: message/rfc822
.. Content-Encoding: 7bit

- ~-- - -- ---...-.-
. ----~------_.._--
-~_.~---
,___..._:"'-":'::::'~-=-__.____=- __n___....__ _ .__0_.________,.___"..._._ ~.__..__

~::Ie~te~ to cou~ties~or~::::::=~ing:::5:ti;;~~:~;dll

~_., "____~'=',=="===\==,..,=""","'."'=='=,:===:====,:.:,..::,,==,,'..1

;_._..._-_.:_..:.-.:..

---,--_.,----,."'-"'-~...::.- --===~---_.._._--_..------_._---

,-.'.---.==='================11..."."'.'.'."'======~=~~J:=":.~~-;.~.=:.:.~~~"'~:::::=;;=~~~:'~::-:;: ",. ."....""."",.,,'.
I Stream-Clearin g Aclivilies-3.docll Con ten t- Typ,e: app licationlmsword i

i=:==.=,====,"=.,="-"-C---._".,.....__l_~=~~"t-e_~~~,~~:~~L~~L~,~:~,~;===,===:,==-".".I

2 of2

,
3/17/20056:46 AM

February 25,2005
Page 1 of2

February 25, 2005

RE: Emergency Watershed Protection Stream-Clearing Projects

Dear

I know that County experienced stryam damage as a result of the fall
hurricanes. Our department would like to work closely with your county to insure that
stream restoration projects receiving state and federal funds under the Emergency
Watershed Protection (EWP) program move as smoothly as possible through the
environmental review and permitting process. I have enclosed for your information a
brief summary of the types of permits and approvals that may be required for these
projects. For projects that involve work directly affecting the streambed, the United
States Army Corps of Engineers will be the primary environmental permitting agency.
For those projects, our staff in the Division of Water Quality and the Division of Land
Resources playa supporting role and issue related state approvals.

I have asked our staff to meet with all of the western counties, either individually or in
small groups, to talk about each county's proposed stream restoration projects and answer
your questions about permit requirements. Our staff will ask the Corps of Engineers and
Soil and Water Conservation staff to join in those meetings in an effort to put together a
plan of action for reviewing and approving stream restoration projects as quickly as
possible. You should receive a telephone call from DENR staff soon to talk about a date
and time that would be convenient to meet and talk about your projects.

I have also directed our staff to waive fees for state water quality certifications (under
Section 401 of the Clean Water Act) and for approval of erosion and sedimentation

February 25, 2005
Page 2 of2

control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP pennit s requested by September 1,2005.

I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. If we can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information sheet also provides contact information for DENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.

Sincerely,

William G. Ross, Jr.