20050979 Ver 1_Complete File_20050606

s? OF WATER
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Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714
Michael F. Easley, Governor
DWQ Project # 05-0979
Yancey County
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 20, 2005
Subject Property: Bank's Creek EWP (DSR 2004-54)
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SEP 2 G 2005
00411- WATER QUALITY
BRANCH
Approval of 401 Water Quality Certification with Add itioiaaMJJa1fAdfigTER
Dear Mrs. Lawhern:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 265 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 (DWQ) on June 14, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3367 (3367). 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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.usincwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper
NorthCarolina
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Yancey County:
Page 2 of 6
June 20, 2005
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 Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 265 feet Banks Creek
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.
Yancey County:
Page 3 of 6
June 20, 2005
4. No Sediment & Erosion Control Measures w/n 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.
Yancey County:
Page 4 of 6
June 20, 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 stream 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 crop
of wheat, millet or other grain.
Yancey County:
Page 5 of 6
June 20, 2005
14. If 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 25 feet of the
streambank 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
401/Wetlands Unit web site at http://h2o.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 2B. .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 Division of Land
Resources or locally delegated program has released the project.
Yancey County:
Page 6 of 6
June 20, 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 Division 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,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3367
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: 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: 05-0979.EWP.BanksCreek.Approval
Triage Check Dist
Date: 06/10/05 Project Name: Bank's Creek EWP DSR 2004-54
DWQ#: 05-0979
County: Yancey
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 6/6/05 to 7/5/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
El Is the application consistent with pre-application meetings?
Cumulative impact concern
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 technical 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!
L`

Office Use Only: Fonn Vcrsion May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Pennit Number(s) Requested: Natiomvide 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D r -,: 3 @ 1 - Q?
1. Owner/Applicant Information
Name: AficheleLaiihen4 County Manager JUN u 2005
Mailing Address: 110 Town Square
Yancey County Courthouse, Room 1 ???lf??t???u???'??%?????-ra??
Burnsville, NC 28714
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: 41tamont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sry»ian@altanroiitenviroiirneiital. co»s

III. Project Information
Attach a'vieinity 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: Batiks Creek EWP DSR 2004-54
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 downtown Burnsville, take
Hwy 19 west for approxiiiiately 4.8 miles. Turn left onto Phipps Creek Road (SR 1136). The
downstream end of the project is a little snore than 0.5 miles down Phipps Creek Road (SR
1136).
5. Site coordinates, if available (UTM or Lat/Long): 35.8934461 °N / 82.3723592 °W
(approximate center of project area) See Table 2 for specific repair area coordinates
(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): Banks Creek
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://h2o.enr.state.ne.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:
i,
2

Land use in the vicinity of the proposed project site consists of agricultural and residential
uses. Portions of Banks Creek were heavily impacted during Tropical Storms Frances and
Ivan. Severe streambank erosion has occurred throughout various locations of Banks
Creep In some locations, the stream is clogged with woody, mineral, and/or non-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 overall project in detail, including the type of equipment to be used:
This Pre-Construction Notification form addresses the entirety of DSR 54. DSR 54 covers
damage from Tropical Storms Frances and Ivan from the source of Banks Creek upstrea»n to
the confluence of Banks Creek and Price Creek downstream. Streambank erosion at several
locations occurred as a result offlooding during the Tropical Storms. The locations of these
sites are shown on Figures 2a and 2b. The post flood condition threatens the stability and
safety of property, driveways, roads and associated structures.
Less than 0.2-acre will be disturbed during streambank stabilization and planting activities.
Less than 100 feet of trout buffer will be disturbed during bank stabilization activities.
Therefore neither forrnnal Erosion and Sediment Control Plan, nor a Trout IVaiver will be
necessary for this site.
All work will be performed as per conversations between Altarnnont Environmental, US Arrnny
Corps of Engineers, NC Wildlife Resources Cornunnission, and on-site consultation with the US
Fish and Wildlife Service personnel on other EIVP sites in this watershed. TVork will include
streambank stabilization in the area described below as well as localized removal of organic
and mineral debris and streambank re-vegetation.
Banks Creek is classified as 'C', `Trout' waters throughout the project area.
The following activities are proposed in the project area:
1) Streambank stabilization measures in need have been identified, totaling approximately 265
linear feet. Repairs in this area will involve the following:
Stabilize the riverbanks by rernnoving unstable vegetation, placing large angular stone or
coir logs, where applicable, at the toe of the slope to an elevation above the normal
water level, backfnlling behind and above the stone and/or coir logs with rocky debris
removed from the floodplain or irnnported to the site, topping with soil and planting
native vegetation. Additionally, in-stream structures will be used to deflect flow from
the stream bank where appropriate.
2) Rernnoval of organic, mineral, and non-native nnaterial from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves.
3) Softenninng of minor over-steepened banks and riparian planting.
IVork will include: streambank reconstruction and stabilization in the areas described below.
Equipment used to accomplish the above tasks includes: rubber tired skidders, 15 ton dump
truck, hydraulic track mounted excavator with thumb, and chainsaws.
r
The location of the streambank repair area is provided in Figures 2a and 2b. A representative
typical photograph of damage for the streambank stabilization area is included as Figures 3, 4,
S, and 6 Repair for each of these areas are detailed in Figures 3a, 4a, 4b, 4c, Sa, 6a. Typical
in-stream structure detail is included in Figure 7.
Streanrbank Stabilization
Streambank stabilization is needed on approximately 2651inear feet of banks within this project
area.
A key in trench will be excavated at the base of the existing slope as necessary. Large (two to
three foot diameter) angular rock will be used to stabilize the toe of the bank. Large rock will
be used at the toe of the slope. The area behind the boulders 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. The area 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.
Stabilization of streambanks and construction of structures 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-Mood 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 proceed from 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 entrancelexits, 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 coir fiber or a coin
4
fiber mixture for maximum erosion protection, vegetation establishment assistance, and for
minimal impact on wildlife. The applicant is considering the use ofpre-vegetated coir mats
to improve erosion control measures and speed the revegetation process.
6. During construction, place large boulders and/or coir logs at the toe of repaired
streambanks where necessary.
7. Fill and compact behind boulders and/or coir logs. Cover with soil, install erosion control
mat, and seed.
3. Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the ETVP program is not intended to fund stream restoration design or construction work.
Rather, the ETVP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss ofproperty or life. Because natural channel
design methods are beyond the scope of the ETVP 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 used for streambank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. If root-wads are
used they will be installed so that at least 113 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, coir logs and natural fiber erosion control
mats will be used for streambank stabilization.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native jloodplain 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 fabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified fn•om the local
nursery, generally 15-201bs/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 providing fmrture 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. Own possible sod will be taken from 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
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 of the proposed work:
The work being described is recovery work under the Emergency Watershed Protection prograin
to protect existing property and structures. Streanrbank stabilization will also prevent further
erosion and sedimentation to the Cane 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). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NM
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 States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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 and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
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. Mork 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
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approvcd local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://wrnv.fema.gov.
*** List a Nvetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination 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:
7
Stream Impact Length of Average Width
Site Number (see Type of Impact* Impact Stream
** of Stream Perennial or
Figure 2) (linear feet) Name Before Impact Intermittent?
(ft)
Area 1 Streambank Stabilization 50 Banks Creek 10 Perennial
Area 2a Streambank Stabilization 50 Banks Creek 10 Perennial
Area 2b Streambank Stabilization 65 Banks Creek 10 Perennial
Area 2c Streambank Stabilization 30 Banks Creek 10 Perennial
Area 3 Streambank Stabilization 30 Banks Creek 10 Perennial
Area 4 Streambank Stabilization 40 Banks Creek 10 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2651inem° 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 ivill be no impacts to open waters.
Open Water Impact

Site Number
(indicate on ma

Type of Impact* Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, 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): ? uplands ? stream ? 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: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalf of Yancey County, Altamont tivill provide contractors engaged in the implementation of
this lvork both ivritten and verbal instructions of all impact avoidance statements provided below.
All heavy equipment tivill be kept out of the stream channel during streambank 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 S 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 being followed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .05 00, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
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 concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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://h2o.enr.state.nc.us/wrp/index.htm. If use of
10
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 ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also -be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 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 stormwater 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 water management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacityfor expected flow events. Equipment, fuels, lubricants, or other
potential sources of water pollution will not be stored in areas that could be flooded 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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
12
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).
NM
S- 31- as--
Applicant/Agent's Sign
(Agent's signature is valid only }
ture Date
an authorization letter from the applicant is provided.)
13
Michele P. Lawhem, County Manager
John Renfro, Chairman
ean Hicks, Commissioner
hits n, Commissioner
YANCEY COUNTY Blaine W
County Courthouse, Room I I - 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 permits 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.
Lawhern
aZele P
Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746
Sin ely,
TABLE 1
AFFECTED PARCELS
BANKS CREEK
DSR 2004-54
YANCEY COUNTY. NC
MAP ID PIN OWNER Property
Size (acres) ADDRESS CITY STATE ZIP Exigency? CHANNEL
REALIGNMENT STEAMBANK
STABILIZATION
90 989000707992000 KNIGHT-SPANGLER, JUDITH A 13.25 3998 FIRST AVE. FERNANDINA BEACH FL 32034 N •
99 989000805691000 JONES, ROGER LEE 8 RONNA 2.08 252 CHURCH STREET MARION NC 28752 N •
27 979900991227000 SILVERS. NELSON D & ELIZABETH H 0.51 28 SILVER MAPLE LANE SUR-NZV-lLLE- INC 28714 N •
123 070900159337000 INGRAM, RUBY 1.00 30 ANGLIN CIRCLE BURN VILE NC 28714 N •
122 070900255169000 HALL. MARJORIE 8 LLOYD; GRADY 3.66 250 CALIFORNIA CRK. RD. MARS ILL NC 28754 N •
118 070900251476000 JOHNSON, WILLIAM DOUGLAS & NELL 2.00 1659 BANKS CREEK RD BURN VILL NC 28714 N •
131 070900251034000 HALL, MARJORIE & GRADY ANGLIN JR 10.26 250 CALIFORNIA CREEK RD 1A IL NC 28754 N •
19 a
P;/DSRS/DSR 54 BANKS CREEK/parcels_BANKS CREEK
TABLE 2
REPAIR AREA COORDINATES
BANKS CREEK
DSR 2004-54
YANCEY COUNTY, NORTH CAROLINA
Banks Creek EWP Project Area 2004-54
Repair Area Coordinates
Area Latitude Longitude
1 35.9033380 82.3817396
2 35.8989541 82.3799229
3 35.8892192 82.3696584
4 35.8869063 82.3726149
Pyrk..
I w;
J /` 1 (2 f- ? l1iT 805 2544
DOWNSTREAM PROJECT
•^ `- LIMITS 1136 /-? STATE-PR1S0W-CAbI N
W E
'i
AREA 1
s
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ource: USGS Bald Creek and Figure 1
lurnsville Quadrangles Banks Creek DSR 2004-54 ALTAMONT ENVIRONMENTAJI.,, INC.
EWP Project Area ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
Yancey County, North Carolina TEL. [phone] FAC. 828.281.3351
2000 0 2000 Feet www.altamontenvironmental.com
01-15-05
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Legend Figure 2a
Banks Creek DSR 2004-54
Property Boundary EWP Project Area
Surface Water Yancey County, North Carolina
400 0 400 Feet
Roads
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC. 828.281.3351
www.altamontenvironmental.com
01-15-05
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Legend Figure 2b
Banks Creek DSR 2004-54 W411 14 Elio ' r
Property Boundary EWPProject Area ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
Surface Water Yancey County, North Carolina TEL. [phone] FAC. 828.281.3351
_ 400 0 400 Feet www.altamontenvironmental.com
?---? Roads 01-15-05
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www. altamontenvironmental. com
DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN NOT TO SCALE
CLIENT: YANCEY COUNTY
DATE: 5/20/05 FILE
PROPOSED BANK FIGURE
REPAIRS
BANKS CREEK-AREA I qA
EWP DSR No. 2004-54
YANCEY COUNTY, NC
P:\YANCEY-EWP\DSRS\DSR 54 - BANKS CREEK\ CONCEPTUAL DESIGN PHOTOS.
Area 2A
Figure 4
Banks Creek - Area 2
DSR No. 2004-54
Yancey County, North Carolina
E N G I N E E R I N G & H Y D R O G E O L O O V
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com

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DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN NOT TO SCALE
CLIENT: YANCEY COUNTY
DATE: 5/20/05

x r r3F
' .thy 7 i i,;, Yl M i"t
7? nE?; t ? ? -? j 1•` ?' 1?ytii f,? ?I
PROPOSED BANK FIGURE
REPAIRS
BANKS CREEK-AREA 2A 4A
EWP DSR No. 2004-54
YANCEY COUNTY, NC
FILE PATH: P:\YANCEY-EWP\DSRS\DSR 54 - BANKS CREEK\ CONCEPTUAL DESIGN PHOTOS
_ 1 i
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PROPOSED BANK
• .� ALTAMONT ENVIRONMENTAL, INC. REPAIRS
50 COLLEGE STREET, ASHEVILLE, NC 28801
w 1
+• • CREEK -AREA
••• •
altarnontenvironmentalxom
EWP DSR •2004-54
DRAWN BY: PAUL DOW COUNTY,YANCEY
PROJECTNOT • SCALE
COUNTY
DATE:
• E D• �00

PhKl4`r ?}? ? F:

• E N G I N E E R I N & H Y D R O G E O L O G Y
'. +t 7 50 COLLEGE STREET ASHEVILLE NC 28801
Il ?Ir? ? TEL.[phone] FAC.828.281.3351
www.altamontenvironmental.com
DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN NOT TO SCALE
CLIENT: YANCEY COUNTY
DATE: 5/20/05
PROPOSED BANK
REPAIRS
BANKS CREEK-AREA 2C
EWP DSR No. 2004-54
YANCEY COUNTY, NC
I,
IN,1
,
FIGURE
C
FILE PATH: P:\YANCEY-EWP\DSRS\DSR 54 - BANKS CREEK\ CONCEPTUAL DESIGN
Nit
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Figure 5
Banks Creek - Area 3
DSR No. 2004-54
Yancey County, North Carolina
1
50 COLLEGE STREET, A$HEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com

PROPOSED BANK FIGURE
REPAIRS
BANKS CREEK-AREA 3 I;A
EWP DSR No. 2004-54
YANCEY COUNTY, NC
FILE PATH: P:\YANCEY-EWP\DSRS\DSR 54 - BANKS CREEK\ CONCEPTUAL DESIGN PHOTO'.

Figure 6
Banks Creek - Area 4
DSR No. 2004-54
Yancey County, North Carolina
50 COLLEGE STREET, A$HEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
"'�t� � it � •
PROPOSED BANK FIGURE
ALTAMONT ENVM0NMF_NTAL, INC.
ENGINEERING & H Y D R 0 G E 0 L 0 G YJREPAIRS
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL.[phone] FAC.828.281.3351 BANKS CREEK -AREA 4
www.altamontenvironmentalxom 6A
J F'' EWP DSR No. 2004-54
$� I DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN NOT TO SCALE YANCEY COUNTY, INC
{ - CLIENT: YANCEY COUNTY
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50 COLLEGE STREET, ASIIEW.LE, NC 28801
TEL.[phone] FAC.828.281.3351
ww .aIlamontenvuo=cntal.com
SOURCE: APPLIED ECOLOGICAL SERVICES, INC
DRAWN 8Y: ZAN PRICE
PROJECT MANAGER: STUART A. RYMAN SCALE:
CLIENT: YANCEY COUNTY NOT TO SCALE
DATE DESCRIPTION BY CHK APV DATE: 05/16/05
YANCEY COUNTY, NC
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f [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 message
Subject: [Fwd: [Fwd: STream Clearing Activities]]
From: Tom Reeder <[e-mail]>
Date: Wed, 16 Mar 2005 15:43:18 -0500
To: Cyndi Karoly <[e-mail]>
Cyndi - In answer to your question yesterday it appears that the fees are being
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]>
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" <[e-mail]>
Organization:NC DENR
To:Alan Klimek <[e-mail]>, Jim Simons <Jim.Simonsnncmail.net>,
David Vogel <David.Vogel(c-(%ncmai1.net>
CC:Johanna Reese <Johanna.Rees epncmail. net>, Nann Guthrie
<Nann.Guthrie c;ncmail.net>
`A`ll: 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 memo 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.
1 of 2 3/17/2005 6:46 AM
[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Robin W. Smith <robin.w.smith ct ncmail.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR
Content-Type: message/rfc822
[Fwd: [Fwd: STream Clearing Activities]]
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Content-Type: message/rfc822
[Fwd: STream Clearing Activities]
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2 of 2 3/17/2005 6:46 AN
f
February 25, 2005
Page 1 of 2
February 25, 2005
RE: Emergency Watershed Protection Stream-Clearing Projects
Dear
I know that County experienced stream 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 play a 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 of 2
control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP permit 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.
E N G I N E E R I N G & H Y D R O G E O L O G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
June 1, 2005
Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
JUN G 2005
DENR - VvATiR QU, Li''i
V,'ETLANDSAND STCR?x ATER u,.Ai.CFi
Subject: Yancey County EWP Project Pre-Construction Notification Applications for Recovery
Sites Cane River DSR 31, Browns Creek DSR 46, and Banks Creek DSR 54
Dear Ms. Karoly:
Enclosed are the Cane River DSR 31, Browns Creek DSR 46, and Banks Creek DSR 54 EWP recovery
site applications 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. Stu 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,
an Price, E.I.
Christopher F. Gilbert, P.E.
P
Enclosures: PCN - Cane River DSR 31
PCN - Browns Creek DSR 46
PCN - Banks Creek DSR 54
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)
P:\Yancey-EWP\Correspondcnce\DWQ permit cover letter-Karoly-DSE 31, 46, 54.doc