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HomeMy WebLinkAbout20050980 Ver 1_Complete File_20050606N NA T F9?G r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Watcr Quality June 20, 2005 Michele Lawhern, County Manager Yancey County Room 11, Courthouse Burnsville, NC 29714 Subject Property: Cane River EWP (DSR 2004-31) DWQ Project # 05-0980 Yancey County 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 80 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: 919-733-1786 /FAX 919-733-6893/ Internet: http://h2o.enr.st ite.nC.us/navetlands NorthCarolina d1 alutally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 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 80 feet Cane River 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. . It, 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 G 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, e. zf--Od ? /." Alan W. Klimek, P.E., Director Division of Water Quality AW Klkhb 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: 05-0980.EWP.CaneRiver.Approval Re: tardies Subject: Re: tardies From: Kevin Barnett <Kevin.Bamett@ncmail.net> Date: Wed, 03 Aug 2005 16:21:27 -0400 To: Ian McMillan <ian.mcmi11an@ncmai1.net> CC: Roger Edwards <Roger.Edwards@ncmai1.net> Hi Ian: Every one of these was issued on 06/20/2005. Thanks, Kevin Ian McMillan wrote: I Kevin, these are the tardy ones according to BIMS that are "at risk" of going bye-bye tomorrow or Friday. Please let me know if you need anything on this end. Thanks, Ian *05-1025*, Trib to N. Turkey Creek EWP 2005-56, Buncombe Co, NW37 6/7/05 8/5/05 *05-1024*, Willow Creek EWP 2005-163B, 175, 75, 105, Buncombe Co, NW37 6/7/05 8/5/05 *05-1023*, Sugar Creek EWP 2006-169, 195, 204, Buncombe Co, NW37 6/7/05 8/5/05 *05-1022*, North Turkey Creek EWP 2005-102, 110, 168, 172, Buncombe Co, NW37 6/7/05 8/5/05 *05-1021*, Sandy Mush - North Turkey Creek EWP 2005-60, Buncombe Co, NW37 6/7/05 8/5/05 *05-1020*, Sandy Mush Creek EWP 2005-202, Buncombe Co, NW37 6/7/05 8/5/05 *05-1019*, Sandy Mush Creek EWP 2005-103, Buncombe Co, NW37 6/7/05 8/5/05 *05-1018*, Sandy Mush - Bee Creek EWP 2005-37, Buncombe Co, NW37 6/7/05 8/5/05 *05-0988*, Whiteoak Creek EWP 2005-19, Polk Co, NW37 6/6/05 8/4/05 *05-0990*, White Oak Creek EWP 2005-25, Polk Co, NW37 6/6/05 8/4/05 *05-0987*, Green River EWP 2005-17, Polk Co, NW37 6/6/05 8/4/05 *05-0986*, North Pacolet River EWP 2005-10, McDowell Co, NW37 6/6/05 8/4/05 *05-0980*, Cane River EWP DSR 2004-31, Yancey Co, NW37 6/6/05 8/4/05 Kevin Barnett - Kevin.Barnett@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Kevin Barnett <Kevin.Bamett@ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 8/3/2005 4:22 PM Triage Check Dist Date: 06/10/05 Project Name: Cane River EWP DSR 2004-31 DWQ#: 05-0980 County: Yancey Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 6/6/05 to 7/5/05 From: Cyndi Karoly Telephone : (919) 733-9721 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 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! Office Use Only: For n Version 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".) I. 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 Permit Number(s) Requested: Nationwide 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 [R' [E p 1. Owner/Applicant Information a Name: MicheleLmvhent, County Manager JUN 6 2005 Mailing Address: 110 Town Square Yancey County Courthouse, Room I o US AA0 ?ti?AT STORL"'7r CATER ATER? ?,tTl?;pS B;,UrCN Bunzsville, NC 28714 Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: »i.lawherii@comity»ranager.yanceycounty.org 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: Altamont Environmental, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sry»iafl@altamonternvironmental.com 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: Cane River EWP DSR 2004-31 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.): Froin Burnsville, NC headed west, turn right on Pensacola Road. Pensacola Road becomes NC-197. Follow NC -197 and bear left onto Bolens Creek Road (NC-1109) and continue for approximately 3.7 miles. Turn left on NC-197. Cross the Murchison Bridge. The site is on the first road to the left after crossing the bridge. 5. Site coordinates, if available (UTM or Lat/Long): 35.826789° N/82.320686°W (approximate center ofproject 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): 0.20 - See attached Table I 7. Nearest body of water (stream/river/sound/ocean/lake): Cane River 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: 2 Land use in the vicinity of the proposed project site consists of residential uses. Portions of Curie River were heavily innpacted during Tropical Storms Frances and Ivan. During the storms, the increased flow heavily eroded the stream bank. The creek subsequently encroaches into the driveway of a nearby residence and threatens to continue eroding unless stabilization can occur. 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 31. DSR 31 covers dannage from Tropical Storms Frances and Ivan at the area damaged just upstream front the Murchison Bridge. Streantbank erosion at one discreet location occurred as a result of flooding during the Tropical Storms. The location of this site is shown on Figure 2. The post- flood condition threatens the stability and safety ofproperty, driveways, roads and associated structures. Less than 0.2-acre will be disturbed during streantbank stabilization and planting activities. Less than 100 feet of trout buffer will be disturbed during bank stabilization activities. Therefore neither formal Erosion and Sediment Control Plan, nor a Trout Waiver will be necessary for this site. All work will be performed as per conversations between Altartnont Environmental, USArmy Corps of Engineers, NC Wildlife Resources Conunission, and on-site consultation with the US Fish and Wildlife Service personnel on other ETVP sites in this watershed. TVork will include streantbank stabilization in the area described below as 1vell as localized removal of organic and mineral debris and streantbank re-vegetation. Cane River is classified as `WSII, `Trout' waters and High Quality Waters (HQTT9 throughout the project area. The following activities are proposed in the project area: 1) One distinct area is in need of streambank stabilization has been identified, totaling approximately 801inear feet. Repairs in this area will involve the following: • Stabilize the left riverbank by removing unstable vegetation, placing large angular stone at the toe of the sloe to an elevation above the normal water level, backfilling behind and above the stone with rocky debris removed front the floodplain or imported to the site, topping with soil and planting native vegetation. Additionally, in-stream structures will be used to deflect flow front the streantbank where appropriate. 2) Removal of organic, mineral, and non-native material from areas where the hydraulic capacity of the stream channel has been reduced based upon evaluation of existing cross- sections and regional curves. 3) Softening of rnninor over-steepened batiks and riparian plantinng. Work will include: streantbank 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. The location of the streambank repair area is provided in Figure 2. A representative typical photograph of damage for the streambank stabilization area is included as Figure 3. Repair for this area is detailed in Figure 3A. Streambank Stabilization Streambank stabilization is needed on approximately 80 linear feet of banks within this project area. A key in trench will be excavated at the base of the existing slope as necessary. Large (four to five 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 rock will be backfilled with rocky debris material excavated fr oin the floodplain or imported material, and soil will be placed on the top of the reconstructed bank to aid in the establishment of vegetation. YVhere sufficient space is available, a bankfull bench will be constructed in the fill area to increase hydraulic capacity and enhance future batik 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 streanbanks 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 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 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 at the toe of repaired streambanks where necessary. Z Fill and compact behind boulders. 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 ETVP program is not intended to find 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 of property or life. Because natural channel design methods are beyond the scope of the EIVP 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. 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 batik stability. Furthermore, sod matting will be grubbed on-site and used (when available) to line the near batik 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 front the local nursery, generally 15-20 lbs/acre depending oil 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 batik areas and providing future 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 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 oil all bare soil within five days ofground 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. Streambank 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. 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 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 streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Fork 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 tna) 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 arc 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.fema.eov. *** List a wetland 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: Stream Impact Length of Stream Average Width of Stream Perennial or Site Number (see Type of Impact* Impact Name** Before Impact Intermittent? Figure 2) (linear feet) (ft) Area 1 Streambank Stabilization 80 Cane River 50 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.us.es.P_ov. 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: 80 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 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: fill, 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: 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 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 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 streanibank stabilization and stream relocation ivorl; except where absolutely necessary to install bank stabilization measures. Disturbance of channel bottom and batiks 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 .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 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 littp:Hh2o.enr.state.nc.us/ncwetIands/strmgide.htm1. 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. 9 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 (919) 733-5208 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 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 (919) 733-5083 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. 10 Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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 213 .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 capacity for expected flow events. Equipment, fusels, 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 froth the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. VIII. 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): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these pen-nits. 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 -5i -Applicant/Agent's Signature Date (Agent's signature is valid only if an at orization letter from the applicant is provided.) 12 Michele P. Lawhcm, County Manager John Renfro, Chairman ean Hicks, Commissioner hitson, Commissioner YANCEY COUNTY Blaine W County Courthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • FAX: (828) 682-4301 • EMAIL: mlawhern@yaneey.main.nc.us 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. Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 Sin ely, ele P i h Lawhern TABLE 1 AFFECTED PARCELS CANE RIVER DSR 2003-31 YANCEY COUNTY, NC MAP ID PIN OWNER Property Size (acres) ADDRESS CITY STATE ZIP Latitude Longitude Exigency. CIIANNEL REALIGNMENT STEAMBANK STABILIZATION 142 71700635120000 WILSON NLD E & MARJORIE B 020 4565 BALD NITN RD BURNSVILLE NC 28714 35.826789 82.320686 N Y PJDSRS,DSR 31 CANE CREEK/parcels_cane 31_acoe PAGE I OF 1 ^AN W- fiE Sur Downstream Project Limits Upstream Project Limits Figure 1 Site Location Map January 17, 2005 USGS Mt. Mitchell Quadrangle Scale 1 inch = 2000 feet Cane River - EWP 2004-31 Yancev Countv. North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FnC .828.281.3351 www.altamontenvironmental.com P:\Templates\Figures in Word\Figure Border.doc -- ?j S .,5? ? ?e?? ,fi.. q? ,r? S r 9 v. 40 i < _? gr Aoki ihe. a,. i y ,? 7 l b ?,?, " ,"° ,, '•?`"?- ::.? .:mid! • y 5 1 . -,. • ?? ,? -fit,, ?? «rN ?:' n« S r'?° s * ?" - P? r ire b Oda STREAMBANK STABILIZATION a. ? n . t r .; ;r 4 a , % r r •- -! '+x."'? a!!'",.-P?? ..,mow a #r fi T X111 * r. .. + a a j? ik? ? u y? 'Y? ,Me.'4'`M?.. as?? .:9.. ?'^..y^..r.«. . ,r"r. rµ, *ryk :t 'trk r yi, v s .. ? nYM/f ? :' r ?? rw#.'NW!k. `?k '•" ? ,y ?r ?.,qF . a, , tl. ? Legend Figure 2 Cane River DSR 2004-31 Property Boundary EWPProject Area ENGINEERING & HYDROGEOLOGY Yancey County, Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 Surface Water TEL. 828.281.3350 FAC.828.281.3351 200 0 200 Feet www.altamontenvironmental.com r Roads 01-15-05 R 6'? ? lad ?? 3r '? .-e io Q- 4 r tk ?` t t = L ? T' v ? ! ,Te,-.?'?` 1. '! JR { i 'AS.,,, ,+• 2 - y _ s..C a. iii f,j i t R .Y ry 4 1. yw t dw- t-` V ?#yt. Figure 3 Cane River DSR No. 2004-31 Yancey County, North Carolina 50 COLLEGE STREET, A$HEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com 1-1 7 1 - . r r?G r! t :e It N G I N E E R I N G & H Y D R O G E O L O G Y I 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.2813351 www.altamontenvironmental.com DRAWN BY: PAUL DOW PROJECT MANAGER: STU RYMAN CLIENT: YANCEY COUNTY DATE: 5/18/05 . - r?, ,? ? ?» x ate; ? N7 . rc u? PROPOSED FIGURE BANK REPAIRS CANE RIVER ?rAl EWP DSR 2004-31 YANCEY COUNTY, NC FILE PATH: P:\YANCEY-EWP\DSRS\DSR 31 - CANE RIVER\ CONCEPTUAL DESIGN Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable- or "NSA".) 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 Permit Number(s) Requested: Nationwide 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 p @Len16 2 !J 1. Owner/Applicant Information JUN ?, Z005 Name: Michele Laivhen; County Manager Mailing Address: 110 Totivn Square t?E11t1 u3A:l)ST Q„T`t.1ry ,C11 Yancey County Courthouse, Room 1 Bun isville, NC 28714 Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: nt.laivlierii@couiztyntaiiager.yaiiceycounty.org 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. Ryntan Company Affiliation: Altamont Environmental, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: srymaii@altantonterrvirorrmerntal.corn J 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: Cane River EWP DSR 2004-31 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table I 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, NC headed west, turn right on Pensacola Road. Pensacola Road becomes NC-197. Follow NC-197 and bear left onto Bolens Creek Road (NC-1109) and continue for approximately 3.7 miles. Turr, left on NC-197. Cross the Murchison Bridge. The site is on the first road to the left after crossing the bridge. Site coordinates, if available (UTM or Lat/Long): 35.826789° N/82.320686°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): 0.20 - See attached Table I 7. Nearest body of water (stream/river/sound/ocean/lake): Cane River 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: Laud use in the vicinity of the proposed project site consists of residential uses. Portions of Cane River tivere heavily impacted during Tropical Stomas Frances and Ivan. During the storms, the increased flow heavily eroded the streann bank The creek subsequently encroaches into the driveway of a nearby residence and threatens to continue eroding unless stabilization can occur. 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 31. DSR 31 covers damage frown Tropical Storms Frances and Ivan at the area damaged just upstream from the Murchison Bridge. Stremnbank erosion at one discreet location occurred as a result of flooding during the Tropical Storms. The location of this site is shown on Figure 2. The post- flood condition threatens the stability and safety ofproperty, driveways, roads and associated structures. Less than 0.2-acre will be disturbed during streanbank stabilization and planting activities. Less than 100 feet of trout buffer will be disturbed during bank stabilization activities. Therefore neither formal Erosion and Sediment Control Plan, nor a Trout TVaiver will be necessary for this site. All work will be performed as per conversations between Altannont Environmental, US Arnay Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US Fish and Wildlife Service personnel on other ETVP 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. Cane River is classified as `TVSIF, `Trout' waters and High Quality Maters (HQTV) throughout the project area. The following activities are proposed in the project area: 1) One distinct area is in need of streambank stabilization has been identified, totaling approximately 801inear feet. Repairs in this area will involve the following: • Stabilize the left riverbank by removing unstable vegetation, placing large angular stone at the toe of the sloe to an elevation above the normal water level, backfilling behind and above the stone with rocky debris removed from the floodplain or imported to the site, topping with soil and planting native vegetation. Additionally, in-stream structures will be used to deflect flow from the streambank where appropriate. 2) Rennoval of organic, mineral, and non-native nnaterial from areas where the hydraulic capacity of the streann channel has been reduced based upon evaluation of existing cross- sections and regional curves. 3) Softeining of naiiaor over-steepened banks acid riparian planting. Work will include: streambank reconstruction and stabilization in the areas described below. Equipment used to acconnplish the above tasks includes: rubber tired skidders, 15 ton dump truck, hydraulic track nnounted excavator with thunnb, and chainsaws. The location of the streambank repair area is provided in Figure 2. A representative typical photograph of damage for the streambank stabilization area is included as Figure 3. Repair for this area is detailed in Figure 3A. Streambank Stabilization Streambank stabilization is needed on approximately 80 linear feet of banks within this project area. A key in trench will be excavated at the base of the existing slope as necessary. Large (four to five 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 rock 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 suf, cient 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 f oin 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 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 fiber mixture for maximum erosion protection, vegetation establishment assistance, and for minimal impact oft 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 at the toe of repaired streambanks where necessary. 7. Fill and compact behind boulders. Cover with soil, install erosion control mat, and seed. 8. Inspect and maintain repairs. A site-specific engineering design based oft 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 tivere 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. 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 from 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 future 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 from adjacent areas (with landowner permission) and placed oil 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 program to protect existing property and structures. Streambank 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. 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 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 streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. iVork 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-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland 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: Stream Impact Length of Stream Average Width of Stream Perennial or Site Number (see Type of Impact* Impact Name** Before Impact Intermittent? Figure 2) (linear feet) (ft) Area 1 Streambank Stabilization 80 Cane River 50 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/straightcning, 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 arc 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.). I Cumulative impacts (linear distance in feet) to all streams on site: 80 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 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: fill, 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: 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 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 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 streambank stabilization and stream relocation tivork, except where absolutely necessary to install bank stabilization measures. Disturbance of channel bottom and banks and equipment access areas shall be held to the mininnum 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 ofground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation ivill 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.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 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.ne.us/ncwetlands/strm.ide.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. 9 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 (919) 733-5208 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. ne.us/wrp/index.htm. If use 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 ® 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 (919) 733-5083 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. 10 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .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* hnpact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone L 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 capacity for 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. 11 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): 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 S5y Applicant/Agent's Signature Date (Agent's signature is valid only if an ai lorization letter from the applicant is provided.) 12 Michele P. Lawhcrn, County Manager John Renfro, Chairman ean Hicks, Commissioner hitson, Commissioner YANCEY COUNTY Blaine W County Courthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • FAX: (828) 682-4301 • EMAIL: mlawhern@yancey.main.nc.us 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. Sin ely, i hole P. Lawhern Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 TABLE 1 AFFECTED PARCELS CANE RIVER DSR 2004-31 YANCEY COUNTY, NC NIAPID PIN OWNER Property Size (acres) ADDRESS CITY STATE ZIP Latitude Longitude Exigency? CHANNEL REALIGNMENT STEA-MBANK STABILIZATION 142 71700635120000 WILSON NED E & MARJORIE B 020 4565 BALD N1 TN RD BURNSVILLE NC 28714 35 826789 82.320686 N Y UDSKS/DSR 31 CANE CREWparcels_cane 31_acoe PAGE 1 OF 1 A^N W- fiE S Downstream Project Limits Upstream Project Limits Figure 1 Site Location Map January 17, 2005 USGS Mt. Mitchell Quadrangle Scale 1 inch = 2000 feet Cane River - EWP 2004-31 Yancev Countv. North Carolina 50 COLLEGE STREET, A$HEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com PATemplatesTigures in WordTigure Border.doc r A T? -? , t c F? ^ . a 1.1" Ir M V AP c a >r -rv • lpil (aM ? tr'F Y l „ ? .. a •^ ?4 ?E ;;?',?, ? Fy,.: TFT M • STREAMBANK STABILIZATION e f LL ^ k +? r Ilk L 41 14 d - ` - r-'^A? r9r '$MI y '-n? aa' ',•-re-*FM' ?-: /01 ?• ""r s "4` R ^ ? . ? inn '? ,!k ? ? •?' w+ ? •! ? ':? k '' ? ? ''?":sn ? ? ?? ? ? 4 5t ;3Y T•< log 41 w hyI??w • '„M ? 4m4? Tt.. ?.. - F- - ?' rw?y;" Itw 47, Owl; L r y,? : F?`f#* ? '*M+???? "? rte,' ? ?.. "' ? .,a a? . ?.?.?' =ti '?, ? ?? "? ? R II'c?'?iY' afTiwa.c+r. .'fullr,.a-.w..a ?-.,•.r:, '??i..,..lr?" ?. `e t ...? Legend Figure 2 Cane River DSR 2004-31 1 T Property Boundary EWP Project Area ENGINEERING & HYDROGEOLOGY Surface Water Yancey County, North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.2813350 FAC.828.281.3351 / 200 0 200 Feet www.altamontenvironmental.com ?- -J Roads 01-15-05 T. .??-?''!.?i = erg -- .,.rv L r uY , - ,! "',r ?_' '`?•'?-.x J,\ h ? Prr . ? ? „ ^, , ? a , eS, YY - ?r s° ? ?•?i rl/ ,f t H+"i tt'??? ?i r? ` F ' r ? F"` `, }} r itti '?t '. - ? , ?, ., r Figure 3 Cane River DSR No. 2004-31 Yancey County, North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com m ¦ J PROPOSED FIGURE E N G I N E E E R I N G & H Y D R O G E BANK REPAIRS O L O G Y 5O COLLEGE STREET. ASHHVILLE. NC 28801 TEL.828.2813350 F.AC.828.2813351 CANE RIVER ?? www.akamontenvironmental. coin EWP DSR 2004-31 DRAWN BY: PAUL DOW YANCEY COUNTY, NC PROJECT MANAGER: STU RYMAN CLIENT: YANCEY COUNTY DATE: 5/18/05 FILE PATH: P:\YANCEY-EWP\DSRS\DSR 31 - CANE RIVER\ CONCEPTUAL DESIGN PHOTOS.[ [Fwd: [Fwd: [Fwd: STream Clearing Activities]]] Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]] From: Cyndi Karoly <cyndi.karoly@ncmail.net> Date: Wed, 16 Mar 2005 15:58:57 -0500 To: Laurie J Dennison <Laurie.J.Dennison@ncmai1.net> 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 <tom. reeder@ncmai 1. net> Date: Wed, 16 Mar 2005 15:43:18 -0500 To: Cyndi Karoly <cyndi.karoly@ncmail.net> 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 <alan.klimek@ncmail.net> Date: Wed, 16 Mar 2005 15:37:40 -0500 To: Tom Reeder <Tom.Reeder@ncmail.net> 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(ccncmail.net> Organization:NC DENR To:Alan Klimek <Alan.Klimek@ncmail.net>, Jim Simons <.1im.Simonsnncmail.net>, David Vogel <David.Vogel@ncmail.net> CC:Johanna Reese <Johanna.Reesena,ncmail.net>, Nann Guthrie <Nann.Guthrie c .ncmail.net> `A71: 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(a%ncmail.net> Assistant Secretary of Planning & Policy Office of the Secretary NC DENR Content-Type: message/rfc822 [Fwd: [FNvd: STream Clearing Activities]] Content-Encoding: 7bit Content-Type: message/rfc822 [Fwd: STream Clearing Activities] Content-Encoding: 7bit Content-Type: application/msword EWP letter to counties.doc Content-Encoding: base64 Content-Type: application/msword 'Stream-Clearing Activities-Idoc' Content-Encoding: base64 2 of 2 3/17/2005 6:46 AN 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 pen-nit 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 (919) 715-4141. 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.