20051540 Ver 1_Complete File_20050810

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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 Water Quality
August 22, 2005
Robert Wiseman, County Manager
Avery County
Post Office Box 640
Newland, NC 28657
Subject Property: North Toe EWP (DSR - Group 14, MT-3)
DWQ Project # 05-1540
Avery County
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AUG 3 1 2005
DENR - WATER QUALITY
Approval of 401 Water Quality Certification with Additional CdMtt0,nSST0MVATER6RANCH
Dear Mr. Wiseman:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 600 feet of streams for the purpose of
streambank stabilization and woody debris removal / trash removal at the subject
properties, as described within your application received by the N.C. Division of Water
Quality (DWQ) on July 27, 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 that you described in your application. (Nothing in this
approval should be interpreted as giving permission to remove bedload material
from the existing channel, nor allowing for the construction of berms which
would not allow the stream access to it's floodplain.) 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 is submitted and approved as part of the
application package. If you change your project beyond the approval here, 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.
101 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
?hone: 919-733-17861 FAX [phone] Internet http://h2 o.enr.state.nc.us/nmvetlands
N CDEr;
an Equal Cpportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
r
Avery County: ?S
Page 2 of 6
August 22, 2005
The Additional Conditions of the Certification are:
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 600 (feet) Mill Timber 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.
f
Avery County:
Page 3 of 6
August 22, 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, where
applicable, should be avoided during the October 15 to April 15 trout spawning
period to avoid adverse effects of sediment on eggs and larvae, where applicable.
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.
Avery County:
Page 4 of 6
August 22, 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 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
Avery County:
Page 5 of 6
August 22, 2005
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
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 30 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.)
17. 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.
18. 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.
19. 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.
Avery County:
Pane 6 of 6
August 22, 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 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.
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,
q,, ?. L
Alan W. Klimek, P.E., Director
?PIADivision of Water Quality
AW K/khb
Enclosures: GC 3367
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Doug Smith,
Buck Engineering, PC
8000 Regency Parkway
Suite 200
Cary, NC 27511
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-1540. EWP. MiliTimberCreek.Approval
Triage Check Dist
Date: 08/15/05
To:
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 8/10/05 to 10/8/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
County: Avery
? 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!
Project Name: Avery County EWP
Group 14, Site MT3
DWQ #:05-1540
1
EWP - Avery County, North Carolina
Group 14 - Site MT-3
Catawba River Basin
Scope of Work
This site is part of DSR Group 14 (see Index Map) located in south-central Avery
County. This submittal contains 1 of the total 6 sites for this group. Of the remaining 5
sites, 4 were previously submitted and 1 (WF-2) dropped from the DSR list because it is
currently scheduled for restoration under a separate contract. MT-3 will require the
modification of channel cross-section, installation of in-stream structures, grading
associated with bank stabilization and structure installation, and landscaping. This site
will require a Preconstruction Notification (permit) to the United States Army Corps of
Engineers. Site specific plans are attached and show site location, existing conditions,
estimated repair quantities and planned repairs. All repair work is being proposed under
the Emergency Watershed Protection Program that Avery County is administering.
Questions about this package should be directed to Buck Engineering's Doug Smith at
919-463-5488.
Contents
• Preconstruction Notification (Permit Application)
• Avery County EWP Index Map of Group 14
• Table 1. Property owners of sites proposed for repair under EWP.
• Repair plan for site MT-3 (including Recommendations narrative, Plan
Sheet sketch map, Site Photos and Proposed Typical Cross-Sections)
• Avery County Plant List and Riparian Seed Mix
• Erosion and Sediment Control Plan
• Construction Details
AUG 1 0 2005
t',ETiq DSN@STTORIAV?TEReErLV,;C,{
t
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 "N/A".)
1. Processing
II. Applicant Information
Mailing Address: Coun!y Administrative Offices
® Section 404 Permit F-1 Riparian or Watershed Buffer Rules
? Section 10 Permit F-1 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: F-1
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: El
11. Check all of the approval(s) requested for this project:
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 a of
Environmental Concern (see the top of page 2 for further details) ?
)??_`= J>? D
D
AUG 1 ? 2005
. Owner/Applicant Information
Name: Robert Wiseman (County Iylanager) N ?iyoss?+? +AE ?E?acE+
?(4
ng Address: County Administrative Offices
P.O. Box 640
Newland, NC 28657
Telephone Number: 828-733-8201 Fax Number: 828-737-9395
E-mail Address: Robert.wisemana?ncmail.net
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: Doull Smith
Company Affiliation: Buck Enpineerinp_ PC
Mailing Address: 8000 Reizency Parkway, Suite 200
Carv. NC 27511
Telephone Number: 919-463-5488 Fax Number: 919-463-5490
E-mail Address: dsmith(a)buckengineermg.com
Page 1 of 8

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: Avery County EWP, MT3, Mill Timber Creek
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: Avery Nearest Town: Linville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The location of each site is
identified on the attached EWP Index Map and provided in each individual site repair plan.
5. Site coordinates, if available (UTM or Lat/Long): Attached in site repair plan.
(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): N/A
7. Nearest body of water (stream/river/sound/ocean/lake): Mill Timber Creek
8. River Basin: Catawba River
(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.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: A site specific description is in each site repair plan.
10. Describe the overall project in detail, including the type of equipment to be used: Specific
repair activities for the site are provided in the site repair plans which are attached. Repair
activities proposed for the site include: adjusting channel cross-section and installing vane
Page 2 of 8
structures to protect unstable stream banks. This work will require the use of a trackhoe with
hydraulic thumb and a dump truck to haul and place boulders. A bulldozer may be needed
for some of the grading work.
11. Explain the purpose of the proposed work: This work is being done as part of the
Emergency Watershed Protection program that counties impacted by two hurricanes in the
fall of 2004 are carrying out. The purpose of the work is to repair damaged stream reaches
that are unstable and continuing to cause losses to personal and public property and to public
resources by degrading water quality and other natural resources.
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.
To our knowledge permits have not been issued for work at these sites in the past.
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.
Page 3 of 8
1. Provide a written description of the proposed impacts: Impacts from this work will be
minimized whenever possible. However to accomplish these needed repairs impacts may be
realized from temporary increased turbidity, removal of aggraded bed material and temporary
loss of herbaceous vegetation. Long-term impacts will be an increase in stream bank
stability, stable dimension and profile, and improved vegetative cover.
2. Individually list wetland impacts below:
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: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Length
Stream Impact of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear Before Impact (please specify)
feet
Stream bank
MT-3 stabilization and rock 600' Mill Timber Creek 5' - 10' Perennial
vane installation
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 600'
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name Waterbody

plicabblele)
(if applicable) ) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

* 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Access to each site will be over the most stable route possible and movement of vehicles over
access routes will be minimized. Wherever possible equipment work will be done from the
stream bank. Operating equipment within the channel will be done when this is the only way to
accomplish needed work. Excavated material will be moved directly to trucks for hauling to
disposal sites when it will not be used on site. When excavated material will be used on site, it
will be handled as few times as possible. Work at each site will be accomplished as quickly as
possible and the site will be stabilized with erosion control matting and seeding within 5 days of
site completion. Trees will be planted during the next dormant season. Equipment leaking any
fluids will not be used and if leaks occur during, construction the equipment will be replaced or
repaired immediately. The attached sediment and erosion control plan outlines measures that
will be employed to minimize sediment movement off site.
Page 5 of 8
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.nc.us/newetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/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
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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 (federaUstate) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
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 I 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
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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.
There will be no change in impervious acreage. Existing project sites are forested/agricultural
lands and will remain in this land use. Proposed repair work will not alter runoff of stormwater
from each site. The end result of this proposed work will be stream banks that are better able to
withstand the erosive forces venerated by storm flows.
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, waste water will not be generated by this project
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

,"' z/Applicant/Agenf s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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