20051232 Ver 1_Complete File_20050708

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Michael F. Easlcy, Govcrnor

William G, Ross Jr.. Seerctary
North Carolina Department of Environment and Natural Rcsourecs

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

July 18, 2005

DWQ Project # 05-1232
Buncombe County

Jon Creighton
Buncombe County Government
205 College Street
Asheville, NC 28801

Subject Property: Beaverdam Creek - EWP

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Creighton:

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 July 8, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose that you described in your application. As "stable" and
"pre-storm" are not interchangeable terms, all work must be to ensure stability,
regardless of channel location. Additionally, channels cannot be returned to it's pre-
storm location unless there is documented instability and is submitted and approved as
part of the application package, If you change your project beyond the activities
authorized below, 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:

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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 919,733,68931 Internet: http://h20enr,state,nc,us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% RecycledJl 0% Post Consumer Paper

Buncombe County:
Page 2 of6
July 18,2005 ,

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:

Stream

Plan Location or Reference

Beaverdam 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.

Buncombe County:
Page 3 of6
July 18,2005

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

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

5. Certificate of Completion

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

6. Beaverdam Creek is classified as C, Trout. As such, the following Administrative
Codes apply: 15A NCAC 02B .0211

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, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. 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,

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.

Buncombe County:
Page 4 of 6
July 18,2005

9. The channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged (excavated)
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 re-establishing the natural and more
stable stream channel dimensions. Streambed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. 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 are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
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. 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.)Guidelines for Riparian Buffer Restoration.
(http://h20.enr,state.nc,us/wrp/pdf/buffers. pdf )

13. Monitoring

The Permittee shall examine the stabilization work done under this Certification
on an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must
be provided to DWQ's Asheville Regional Office by June 151 of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.

Buncombe County:
Page 5 of 6
July 18,2005

14. The permittee will provide on-site supervision of stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.

15, If pasture along the stream is to be used for grazing, the permittee must inform the
appropriate landowners that cattle should be prohibited from damaging riparian
areas and from de-stabilizing the stream banks and channel.

16. 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.

17. Water Quality Certification Notifications

The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.

18. Turbidity Standard

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

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 1508 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.

Buncombe County:
Page 6 of6
July 18,2005

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

AWK/khb

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

cc: Mike Lovoy, P.E., Civil Design Concepts
200 Swannanoa River Road
Asheville, NC 28805
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-1232. EWP .BuncombeCounty .BeaverdamCreek.Approval

Triage Check List

Date: 07/12/05

Project Name: Buncombe EWP Beaverdam Creek
DWQ #:05-1232
County: Buncombe

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 7/8/05 to 9/6/05

From: Cyndi Karoly Telephone: [phone]

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

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

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!

June 24,2005

Rebecca Newton
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 2880 I -5006

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JUL 0 g Z005

D[:~I~' >/i/\, i.:H QuALITY
WETVJ iDS f: ~D G iUJI<,':A TER CPJ J ;CH

Re:

Emergency Watershed Project
(Stream Restoration)
CDC Project No.10512

Dear Ms, Newton,

Please lind enelosed a USACE permit application(Section 401 and 404), a copy of the
Landowners Access Agreement application, a set of 8.5xl1 plans, and a USGS Map excerpt
ofthe subject site for your review and approval. .

The proposed project is a restoration effort in conjunction with the Emergency
Watershed Project to rebuild and stabilizc various locally damaged streams to prevent furthcr
erosion control problems to existing property and structures. Rcstoration with these projects
wiII consist of minimal streambcd disturbance, debris removal and stream bank stabilization.

In an effort to be in construction as soon as possible~llHl not jeopardize the funding for
these projects, wc apprcciate your expedited review of this application, Wc also welcomc
commcnts by phone so that we can addrcss your comments quickly and get into construction as
soon as possiblc.

Please call if you have any questions or desire any additional information,

Sincerely,

0r;~~v X tL

Christopher S, ElIcr, PE
Civil Design Concepts, P,A.

Cc: Cindy Knroly-DWQ
KcvinlJarnclt-DWQ
GalY Higgins-Buncombe County
Dnve Mcllcllly-Norlh Cnrolin3 Wildlife Resources Commission

S:\ACAD\10512\Docs\m24jun05,doc

P.O, Box 5432 Asheville, NC 28813 Phone: [phone] Fax: [phone]

Office Use Only:

1"01111 Version Murch 05

USACE Action ID No, DWQ No,

(lfany particular itcm is not applicable to this project, plcase entcr "Not Applicable" or "N/A",)

I. Processing

1. Check all of the approval(s) requested for this project:
[gJ Section 404 Permit D Riparian or Watershed Buffer Rules
o Section 10 Permit 0 Isolated Wetland Permit from DWQ
[gJ 401 Water Quality Certification D Express 401 Water Quality Certification

2, Nationwide,RegionaI or General Pennit Number(s) Requested: NWP 37

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

4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acccptance lcttcr from NCEEP, complete section VIII,
and check here: D

II.

5, If your projcct 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: D

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JUL 0 8 Z005

1. Owner/Applicant Information
Name: Buncombe County
Mailing Address: 44 Valley Street
Asheville. NC 28802
Contact: Gary Higgins

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\'iETUJ;OSANO STOIWNATER ERANCH

Applicant Information

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

2. Agent/Consultant Infonnation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mike Lovoy, PE
Company Affiliation: Civil Design Concepts, P A
Mailing Address: 200 Swunnunou River Roud
Asheville, NC 28805

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

Page 5 of 12

III. Project Information

Attach a vicinity map clcarly 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 arc
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: Buncombe County Emergency Watershed Protection

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

3. Property Identification Number (Tax PIN): 9605.00-12-4229

4, Location
County: Buncombe Nearest Town: Candler
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): See
Attachment

Page

Cl

of

5. Site coordinates (For linear projects, such as a road or utility line, attach a shcet that
separately lists the coordinates for each crossing ofa distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.48670N, 82,69130W

6. Property size (acres):

7, Name of nearest receiving body of water: Beaverdam Creek

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

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use in the area consists of private residences and
community property.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The
proiect will require the use of hand tools and heavy equipment, including fi-ont end loaders
and backhoes with hydraulic thumbs. All equipment will be maintained to ensure no
hydraulic f1uid will enter the stream channels,

11. Explain the purpose of the proposed work: To protect property and restore damaged stream
channels to the stable, pre-storm condition, utilizing natural channel design to the best extent
practical.

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 pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application,
N/A

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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately fi-om
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts arc 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 VIll below. If additional
space is needed for listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Impacts include the construction of
rock vancs and backfill and revegetation of eroded banks.

Page 7 of 12

2. Individually list wctland impacts. Typcs of impacts include, but are not limited to
mechanized clearing, grading, fill, cxcavation, flooding, ditching/drainage, etc. For dams,
I r' d b

separatclY 1st mmacts ue to oth structure and flooding. .
Wetland Impact Type o[Wetland Located within Distance to Area of
Site Number Type of Impact (e,g" forested, marsh, 1 OO-year Nearest Impact
(indicate on map) herbaceous, bog, etc,) Floodplain Stream (acres)
(yes/no) (linear feet)
Total Wetland Impact (acres) 0

3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres

4. Individually list all intennittcnt and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placcmcnt of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g" ccmcnt walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightcning, ctc. If strcam relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocatcd streams
b ' 1 d d T I I 1 . 1 I I X 'd lId' 'd b 43 560

must e mc u e . o ca cu ate acreage, mu tmlY engt 1 WI t 1, t lcn IVI e )Y ,
Stream 1m pac t -' Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on man ) Before InllJact (linear feet) (acres)
41 Beaverdam Creek Construct Rock p 8 80 0.01
Vanes
Total Stream Impact (by length and acreage) 80 0.01

5. Individually list all opcn watcr impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any othcr water of the V,S,). Open watcr impacts include, but are not limited to
d d fl d' d' b 1I I d t

fill, excavation, rc 19ing, 00 mg, ramage, u (lea s, e c.
Open Water Impact Type of Water body Area of
Site Number Name of Water body Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on man) (if applicable) ocean, etc,) (acres)
Total Open Water Impact (acres) 0

Page 8 of 12

6,

7, Isolated Waters
Do any isolated waters exist on the property? 0 Yes [8J No
Describe all impacts to isolated waters, and include the type of watcr (wctland or stream) and
the size of the proposed impact (acrcs or linear fect). Please note that this section only
applies to waters that have spccifieally been determined to be isolated by the USACE,

8. 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
bc dcscribcd hcre and illustratcd on any maps included with this application.
Pond to be ereatcd in (ehcek all that apply): 0 uplands 0 stream 0 wetlands
Describc the method of construction (c. g., dam/cmbankment, excavation, installation of
draw-down valve or spillway, ete,):
Proposcd use or purpose of pond (e,g" livestock watering, irrigation, aesthctic, trout pond,
local stormwater requirement, etc.):
Cun'cnt land use in the vicinity of the pond:
Size of watershcd draining to pond: Expected pond surface area:

VII, Impact J ustification (Avoidance and Minimization)

Specifically describe measurcs taken to avoid the proposcd 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 aItemative, lower-impact
site layouts, and explain why these design options were not fcasible, Also discuss how impacts
were minimized once the desired site plan was developed, If applicable, discuss construction
techniques to be followed during construction to rcduce impacts, The proposcd proieets will
take place within areas impacted bv hUlTicanes during 2004.

VIII. Mitigation

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

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 considercd 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 opcn waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or prcserving 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 requircd mitigation plan or NCEEP 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://h20,enr.sta te,n c. us/ncwetl ands/ stnn gi d e. h tml.

1, Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, includ!ng, but not limited to: site location (attach directions
and/or map, if offsite), affeetcd 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, ete,), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed,
No mitigation is proposed for this proiect

2, Mitigation may also be made by payment into the North Carolina Ecosystem Enhancemcnt
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form, For
additional information regarding the application process for the NCEEP, check the NCEEP
website at hllp://h2o.enr,state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet):
Amount ofbufTer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 10 of 12

IX. Environmcntal Documcntation (rcquircd by D\VQ)

I, Does the project involve an expenditure of public (federal/state/local) funds or the use of
publie (fedcral/statc) land? Yes ~ No 0

2, If yes, does the project rcquire preparation of an cnvironmcntal documcnt pursuant to, the
requiremcnts of the National or North Carolina Environmcntal Policy Act (NEP A/SEP A)?
Notc: If you arc not sure whethcr a NEP A/SEP A documcnt is rcquircd, call the SEP A
coordinator at [phone] to review current thrcsholds for cnvironmcntal documcntation.
Yes 0 No ~

3. If ycs, has thc documcnt revicw bccn finalized by the Statc Clcaringhouse? If so, plcase
attach a copy of the NEP A or SEP A final approvallettcr. Y cs 0 No 0

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

It is the applicant's (or agent's) responsibility to detcrmine, delineate and map all impacts to
required state and local buffers associated with thc project. The applicant must also provide
justification for these impacts in Section VII abovc, All proposed impacts must be listed hcrcin,
and must bc clcarly identifiable on the accompanying site plan. All butfers must be shown on a
map, whether or not impacts arc proposed to the buffers. Corrcspondence from the DWQ
Regional Ot1ice may be includcd as appropriate. Photographs may also be included at the
applicant's discretion.

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B ,0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply ButTer Requirements), or other (please
identify )'1 Yes 0 No [Zl

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If bufTcr mitigation is rcquircd calculate the required amount of mitigation by applying the
buff I ' I.

er mu tIp lers.
Zone* Impact l\Iultiplicr Required
(square feet) Mitigation
I 3 (2 for Catawba)
2 1.5
Total

* Zone I extclIlls out 30 fcet pellJellllicular from the top of the near bank of channel; Zone 2 extends all
adJitional 20 feet frol11 the eJge of ZOlle 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhanccment, or Payment into the
Riparian ButTcr Restoration Fund), Please attach all appropriate information as identified
within 15A NCAC 2B ,0242 or .0244, 'or ,0260.

Pagcllofl2

XI. Stormwater (required by DWQ)

Describe impervious acreage (existing and proposed) versus total acreage on the site, Discuss
storm water controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious surfaces will be constructed for
this proiect.

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.
N/A

XIII. Violations (required by DWQ)

Is this site in violation ofDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No [2J

Is this an after-the-fact permit application? Yes 0

No [2J

XIV. Cumulative Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes D No [2]
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h20.enr.state,nc,us/ncwctlands. Ifno, please provide a short narrative description:

XV. 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 pennits. 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).
See Attached Narrative.

I?

n........... 1.., ,..C t"'t

Attachment A: Project Information

Buncombe County, Beaverdam Creek

Emergency Watershed Protection

Site Trout Approximate In-stream Bank Debris
Number Landowner Address PIN LatILono Recelvlno Water Water HOW Channel Lenqth Structure Reoalr Removal
Beaverdam Community Clu 153 Beaverdam loop 35.486rN,
41 Rd Candler, NC 28715 9605.00-12-4229 82.6913"W Beaverdam Creek Yes No 150 Rock Vane Yes No

l

N uOlle:Jol al!S

BU!lOJB:) 41JON '~uno:) aqwooune
dM3 ~uno:> aqwo:Juna
~ V al!S

I

L-_

~-l--I
I I

'L86~ '9100wpenO ullllUnor/ Qloowsuna
s:l!lldw~ J91S~ llll!6ta s~sn :a:unos
1001 000';: SJonbe lpU! ~ :91roS
l""~

I
000l

I
0001

0001

o

Beaverdam Community Club Property, Project Narrative, Buncombe County.

Site 41

The proposed project is located on Beaverdmn Creek. This channel has a Best Usage
Classification of C;Tr and is a designated Trout water. Adjacent land use consists of a
residential community property.

The proposed project is approximately 80 linear feet in length. No Threatened or
Endangered species surveys were requested at this site. Work proposed for this site
includes removal of debris, construction of rock berms. Eroding banks will be back-
filled and revegetated.

(,"f{I(a..Yer~t4,. C?~~ el
d-
z~, I

PERMIT FOR EMERGENCY 'V ATERSHED PROTECTION (EWP)

The undersigned landowners hereby grant pennission to Buncombe County and the Buncombe

County Soil and Water Conservation District and/or their agents to enter upon our land for the

purpose of repairing the flood damage of stream channels and stream banks in the

fjf4t;I/~~ {}eeJ"..

watershed,

This permit includes the right to spread soil, remove and dispose of debris, install needed

measures, seed and mulch, and perform similar emergency watershed protection work

necessitated by the floods of September, 2004.

This permit also includes the right of ingress and egress on the land for the purpose of

maintaining or inspecting maintenance of thc emergcncy works for thc period of 1 year ii-om the

date of completion. Work areas covered by this permit are sketched on the reverse of this form

or on an attached sheet.

Signed

Date

Q /l.A. .J /',., j
f'1Lv- ~/ u;- ""{-,;- 6../\/\..1/"'\ ~' ~''h. - 2(
~ _/ V

~~mcW-1,vt1JL/k~ ~, :1.1,
~'.A-Ij;1IA)(1JU~ / / 27/65
, ' I

Signed

Date

fB'~
~Ak~
WI/?' ~

lit 5' /OS'
(
/ /2~/o5

i I

/-)7- 06

BUNCOMBE COill~TY

EWP PROJECT

BEA VERDAM COMMUNITY CLtUB
PROPERTY

153 8EA VERDAM LOOP RD., CANDLER, NC 28715

PIN: 9605,00-12-4229

BEAVERDAM CREEK
BUNCOMBE COUNTY SITE NUMBER: 41

CLJENT:

BUNCOMBE COUNTY
44 VALLEY STREET
ASHEVILLE, NC 28801
[phone]

PREPARED BY:

c. ce' (.'-=:; -~ 200 SWANNANOA RIVER RD,
, ASHEVILLE. NO 28805
PHONE [phone]
. FAX [phone]
CIVIL DESIGN CONCEPTS, PA
~ .-di/1'
hUp://www,c!vlldoslgnccncepts.ccmJ

Environmental
Services, Inc.

SCOPE OF PROJECT:
BACKFILL ERODED AREAS
RE-VEGETATE ERODED AREAS
INSTALL ROCK VANES

COC JOB NO, 10512
OA TE. MA Y 12, 2005

SITE 141

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location: 035029' 14.0" N 082040' 47.7" W
Caption: Beaverdam Community Club

Name: DUNSMORE MT
Date: 12/30/2004
Scale: 1 inch equals 2000 feet

Gopyrighi ie) ii/ill. Maptech, ioe,

- j

DIRECTIONS:
FROM 1-40W TAKE THE US-19/US-23 EXIT 44 TOWARD W ASHEVlLLE/ENKA-CANDLER,
TURN RIGHT ONTO US-74 ALT/US-23
TURN LEFT ONTO NC-112
TURN RIGHT ONTO ENKA LAKE RD.
TURN LEFT ONTO SEA VERDAM RD,
TURN SLIGHT RIGHT ONTO LOWER SEA VERDAM LOOP RD.
END AT 153 SEA VERDAM LOOP RD.

BEAVERDAM
COMMUNITY CLUB
PROPERTY

CCf(6~ ~ 200 IlWAHHAHOARlVERRD.
ASHEVlW!, He 2lI8OO E vi me tal
PHOHI!(lI2lI)2SUS8lI 0 roo 0
CIVIL DESIGN CONCEPTS, PA FAX(I28)25UHlI Services. Inc.

--- ~ _.Cllvlld~

AERiAl PHOTO fOR:

SCALE: NOT TO SCAlE

SfTE 141 C1

I
_L_

PROPOSED ANGULAR DEFLECTO
STONES (MIN 1/2 TON STONES)

BEAVERDAM
COMMUNITY CLUB
PROPERTY

cC((6~ ~ 200 IWAHNAHOA RIVER RD.
ASHEVILLE, NO 2lI805 E vi tal
PHONE (828) 2Ii2-lI388 n ronmen
CIVIL DESIGN CONCEPTS, PA FAX(828)2S2-83M Services, Inc.

............ ~ www.clvUd_~-..

SlREAM DAMACE REPAIR FOR:

SCAlE: NOT TO SCALE

SITE 141 C 2

1

1

PROPOSED BACKFILL C2: 1
SLOPE, RE - VEGETATE, AND
INSTALL COIR MATTING (TYP)
(SEE DETAIL)

PROPOSED ANGULAR DEFLECTO
STONES (MIN 1/2 TON STONES)

B EAVER DAM
COMMUNITY CLUB
PROPERTY

cct<c41 ~ 200 8WAHNAHOARlVERRD.
ASHEVlW!, NO 2lI805 Environmental
PHON!! (828) 2S2-lI388
FAll (a28) 26U3115 Services, Inc.
CIVIL DESIGN CONCEPTS, PA
-- --'" www.alvll~pla.com

SlREAIoI DAIoIAGE REPAIR FOR:

SCALE: NOT TO SCAI..E

SfTE 141 C3

PROPOSED BACKFILL @ 2: 1
SLOPE. RE-VEGETATE, AND
INSTALL COIR MATTING (TYP)
(SEE DETAIL)

PROPOSED ANGULAR DEFLECTO
STONES (MIN 1/2 TON STONES)

B EAVE R DAM
COMMUNITY CLUB
PROPERTY

~~~
CC((C .. -....""""..'"
ASHEVILLE, NO 2880lI Environmental
PHONE (lI2S) 2ll2-II38Il
FAll (828) 25N8IIII Services, Inc.
CIVIL DESIGN CONCEPTS, PA
.......... ~_.~

SlREAM DAMAGE REPAIR FOR:

SCALE: NOT TO SCALE

SITE 141 C4

__u~ _ L

DIVERT SURFACE
RUNOFF WITH SWALE

PERMANENT/TEMPORARY
SEEDING

ESTABLISH TOE OF PROPOSED STREAM
BANK WITH 24 INCH DIAMETER (MINIMUM
DIMENSION) ANGULAR STONE, UNDERLAID
WITH GEOTEXTlLE FABRIC.

LAYBACK TOP OF SLOPE AS NEEDED TO
ACHIEVE A MAXIMUM SLOPE OF 2
HORIZONTAL: 1 VERTICAL.

COMPACT FILL IN SIX INCH LIFTS IN
ERODED AREA.

PROVIDE SOIL AMENDMENTS ,SEED AND
COVER WIn; COIR MATTING (PERMISSIBLE
SHEAR STROSS ~ 4.5 16./SQ.FT.) STAKE
MATTING ON 3 FOOT CENTERS WIn;
12-INCH MINIMUM WOODEN STAKES (ECC
STAKES OR EQUAL),

ESTABLISH ADEQUATE GROUND
COVER DAILY. FOLLOW RIPARIAN
AREA SEEDING SPECIFICATION

PROPOSED GRADE
MAX 2: 1 FOR FILL SLOPES
MAX 1.5: 1 FOR CUT SLOPES

PROPOSED 700G KOIRMA T
EROSION CONTROL BLANKET
OR APPROVED EQUIVALENT
(REFER TO PLANS)

BASE FLOW

V

SELECT BACKFILL TO
BE SANDY CLAY LOA
AND SURGE STONE

EXISTING BANK
AMOCO 2006 GEOTEXTILE
FABRIC OR APPROVED
EQUIVALENT.

EXISTING STREAM BED

CUT/BACKFILL BANK STABILIZATION DETAIL
NOT TO SCALE

BEAVERDAM
COMMUNITY CLUB
PROPERTY

CC1CC~-4 ~ 2OOIIWAHNAHOARlVERRD.
A8HEV1UE, NO 2ll805 E vi tal
PHONI! (82II)2lI2-lIlIIIll n ronmen
CIVIL DESIGN CONCEPTS, PA FAlC(82lJ)252-a3115 Services, Inc,

............. --' www.clvlld..lll"COt~

aJT/BACKFlLl. BANK STABIUZATION DETAiL FOR:

SCAlE: NOT TO SCAU:

SfTE 141 C5

EROSION CONTROL AND
RE- VEGETATION NOTES

GENERAL: ALL EROSION CONTROL MEASURES ARE TO BE PERFORMED IN STRICT ACCORDANCE
WITH REQUIREMENTS OF THE NCDENR. THE FOLLOWING CONSTRUCTION SEQUENCE
SHALL BE COMPLIED WITH FOR ALL WORK.
1. INSTALL ALL EROSION CONTROL MEASURES AS REQUIRED BY NCDENR.
2, OBTAIN APPROVAL THROUGH ON-SITE INSPECTION BY A REPRESENTATIVE OF
CIVIL DESIGN CONCEPTS.
3. PROCEED WITH REMOVAL OF DEBRIS AND GRADING.
4, SEED DENUDED AREA IMMEDIA TLEY AFTER FINISHED GRADES ARE ESTABLISHED. SEED AND
SOIL AMENDMENTS SHALL BE PLACED ON A PREPARED SEEDBED AT THE FOLLOWING RATES
PER ACRE:
PERMANENT AND TEMPORARY SEEDING OF SLOPES AND PERMANENT STABILIZED AREAS.

LIME
FERTILIZER (10-10-10)
STANDARD RIPARIAN MIX
GERMAN MILLET
NAG S150 EROSION MAT OR APPROVED EQUIVALENT

FOR ALL SLOPES STEEPER THAN 2: 1 ADD TO THE ABOVE:

4,000 LBS
1,000 LBS
15 BULK LBS
10 LBS

SERICEA LESPEDEZA

40 LBS

IF HYDROSEEDING IS USED, WOOD CELLULOSE MAY BE SUBSTITUTED FOR STRAW MULCH AT
THE RATE OF 1,000 LBS PER ACRE,
ALL SEEDING SHALL BE MAINTAINED, WATERED, ETC., UNTIL A PERMANENT VEGETATIVE GROUND
COVER IS ESTABLISHED OVER ALL DISTURBED AREAS.
5, INSTALL STREAM CO WILLOWS WHERE REQUIRED PER PLANS.
6. MAINTAIN SOIL EROSION CONTROL MEASURES UNTIL PERMANENT GROUND COVER IS
ESTABLISHED.
7. REMOVE SOIL EROSION CONTROL MEASURES AND STABILIZE THESE AREAS WITHIN 14 DAYS
OF COMPLETION.
8. REQUEST FINAL APPROVAL BY CIVIL DESIGN CONCEPTS,

RE-VEGETATION SEQUENCE

PREPARE SURFACE FOR SEEDING.
SPREAD TEMPORARY MILLET AND PERMANENT STANDARD RIPARIAN MIX.
FERTILIZE,
INSTALL EROSION CONTROL MAT OR GEOTECH MAT.
INSTALL STREAMCO WILLOWS WHERE REQUIRED,

B EAVER DAM
COMMUNITY CLUB
PROPERTY

C cfq~~~' _ ::.:::~::,':::m~
~ PHONE (82ll) 2S2.saM
FAX (828) 2S2-63M
CIVIL DESIGN CONCEPTS, PA
~ ~ www.dvHd..lgnconceplLcom

Environmental
SelVlces, Inc,

EROSION CONmcx. AND RE-VEGETATlON NOTES FOR:

SCAlE; NOT TO SCAlE

SfTE #41

C6