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HomeMy WebLinkAbout20070406 Ver 1_Application_20070305E'nV E11V11~01't~ C011511~11'1g $el"VICe.S ~11C. 3784 Rominger Road Banner Elk, NC 28604 Ph/Fax: 828-297-6946 e-mail: john(denv-ecs.com y 07-0406 March 2, 2007 Ms. Cyndi Karoly NC DENR DWQ Wetiands/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 Pr`~~~'~~~ENT RECEIVED RE: West Mill Creek Estates, Ashe County, NC Dear Ms. Karoly: Transmitted with this letter are 7 copies of the 404/401 permit application for the referenced project and a check for $200.00 to cover the 401 permit fee. The application is for a NWP 39/33 and WQC 3402. Proposed impacts are 401inear feet of perennial stream, 76 linear feet of intermittent stream. An NOV was issued to the applicant on 12/15/2007 (Ache-2007-010) which is why we are submitting this application to DWQ. The applicant is West Mill Creek Holdings LLC with contact listed as Mr. Frank Mingo. E'nV Inc. is the consultant and alternate contact. Please include me on the copy list of all project related correspondence. - ~y If you have any questions regarding these items please call meat 828-297-0946, thank you. Sincerely, J hn C. Vitas ~~ '" President, E'nV Environmental Consulting Services Inc. cc: Mr. Frank Mingo Mr. Daryl Lamb Mr. Jason Herman j `~ ~'~ ~ D MAR 5 2007 DENR - WATEF~ (~t~q~ilY iPlETLANDS A;~lD STQRPAWATFR BRANCH Office Use Only: Form Version March OS 07-040 6 USACE Action ID No. DWQ No. ' (1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Pr,Y~v rNT RECEIVED 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 ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 and NWP 33 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, 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~~ n 0 ~,~ ~J II. Applicant Information MAR ~ X001 1. Owner/Applicant Information Name: West Mill Creek Holdin s LLC ~JENR • wAY~~ 4u~Q~~ Mailing Address: 8032 NW 161 Terrace Miami Lake, FL 33016 Telephone Number: (786) 547-0676 Fax Number:~305) 779-1145 E-mail Address: frank(a~305homes.com 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: John Vilas Company Affiliation: E'nV-ECS, Inc. Mailing Address: 3764 Rominger Road Banner Elk, NC 28604 Telephone Number: (828) 297-6946 Fax Number: (828) 297-6946 E-mail Address: jo~env-ecs.com West Mill Creek Estates 1 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 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: West Mill Creek Estates 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 203091218383, 203081416123 4. Location County: Ashe Nearest Town: Clifton Subdivision name (include phase/lot number): West Mill Creek Estates Directions to site (include road numbers/names, landmarks, etc.): From Jefferson follow NC HWY 88/194 north approximately 5-miles to Warrensville where the two highways split Turn left, following NC HWY 88 west approximately 3.5-miles to West Mill Creek Road Turn right onto West Mill Creek Road and follow approximately 2-miles to site which is on the left side of road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.47506 °N -81.58380 °W 6. Property size (acres): 49.56-acres 7. Name of nearest receiving body of water: Mill Creek 8. River Basin: New (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: Primarily forested site with some clearing from timbering activities and areas of forest replanting with White Pine. Adjacent and nei hboring areas West Mill Creek Estates 2 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 consist of rural residential and agriculture in the form of cattle, hamproduction, and Christmas tree production. 10. Describe the overall project in detail, including the type of equipment to be used: The West Mill Creek Estates project is a proposed medium sized residential development with a total of 40 lots ranging in size from 1-acre to 3-acres. Access to the site is provided off of West Mill Creek Road with a proposed crossing over Mill Creek, in order to fain access to the site. Two other crossings are proposed as part of the site development in order to gain access to proposed lots on the south side of an unnamed tributary of Mill Creek. At the entrance to the site, a 96" by 40' culvert was installed previouslypart of the site development without a 404/401 permit. A notice of violation was issued with several problems being cited as part of the project not being in compliance with water uality standards per North Carolina General Statute 143-214.1. The 96" by 40' culvert is proposed to be removed and re-installed under a NWP 39. Typical heavy machinery will be utilized as part of the site development including bulldozer, trackhoe, and dumptruck. 11. Explain the purpose of the proposed work: The purpose of proposed work under this PCN application is to gain access to the subject property and allow for lot development as part of a residential subdivision. 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. There have been no prior project submittals or permit applications for the West Mill Creek Estates subdivision to the NCDWQ or the USACE. A Project ID has been issued through the NCDLR: Ashe-2007-010. A Notice of Violation (NOV) has been cited for the project referencing the 96" by 40' culvert installation and three additional items related to riparian areas and erosion control issues. The 96" by 40' culvert is being treated as an after-the- fact violation, and it is being addressed through this PCN application for a NWP 39. The additional items outlined in the NOV reference letter are being handled through a Corrective Action Plan (CAP) with the NCDWQ. Please see the attached copy of the NOV reference letter for details included with the PCN application. 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 further project plans are anticipated as part of the West Mill Creek Estates subdivision development. West Mill Creek Estates 3 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 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 from 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 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: Three proposed stream impacts are anticipated based on the site plan for the West Mill Creek Estates project. Stream Impact One is located at the entrance to the site off of West Mill Creek Road where the proposed entrance road will cross Mill Creek. Stream Impact one is an after the fact violation that is being addressed. The original 96" by 40' CMP will be removed and re-installed, countersinkingpipe one foot below channel grade. Grade control measures will be installed above and below the culvert to prevent head cutting and maintain channel stability if needed. Stream Impact Two is on UT-Mill Creek, an intermittent stream with a proposed 36" by 40' CMP to allow construction of a 25' wide subdivision road providing access to 11 lots on the southern portion of the stream. Stream Impact Three is also located along UT-Mill Creek with a proposed 36" by 30' CMP that will allow for the construction of a private driveway providing access to two lots on the south side of the stream. Both 36" CMPs will be countersunk 20% of the pipe diameter below channel grade. The total permanent impact to waters of the US is 110 linear feet and is being requested under the NWP 39. In addition, temporary measures are being~ermitted in order to pipe around the impact sites two and three during the installation of the culverts. The total temporary impact to waters of the US amounts to 6 linear feet and is being requested under the NWP 33. 2. Individually list wetland impacts. Types of 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. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 14,402 sf/ 0.33-ac. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam West Mill Creek Estates 4 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) One Mill Creek Culvert Perennial 7.5' 40' 0.007 Two UT- Mill Creek Culvert Intermittent 2.5' 40' 0.002 Three UT- Mill Creek Culvert Intermittent 2.5' 30' 0.002 Two UT- Mill Creek Temporary Intermittent 2.5' 3' 0.0002 Three UT- Mill Creek Temporary intermittent 2.5' 3' 0.0002 Total Stream Impact (by length and acreage) 110'/116' 0.0114 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resultin from the ro'ect: Stream Impact (acres): 0.0114 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0114 Total Stream Impact (linear feet): 110'/116' 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 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 be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands West Mill Creek Estates 5 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 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.): Current land use in the vicinity of the pond: 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 the site is only available from West Mill Creek Road and Mill Creek runs adjacent to the road on its western flank. In order to gain access to the site, Mill Creek has to be either brid ed or put into pipe Building a bridge is too expensive an option. The pipe length at this installation will be kept to a minimum in order to minimize impacts. The location of the crossing has been sited to avoid impacts to the delineated wetland UT-MC-W1 which is located adjacent to Mill Creek south of the proposed crossings. The other two stream impacts are necessitated if portions of the site are to be reached for lot and residential development due to slope constraints on the site for road construction. Impacts will be minimized at each of the piped crossing by countersinking_ the culverts to allow for the establishment of stream substrate material to develop inside the pipe thus mimicking the natural conditions of the stream channel for aquatic life. 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 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 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. West Mill Creek Estates 6 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 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 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://h2o.enr. state. nc.us/ncwetlands/stem ~ide.html. IX. 1. 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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 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 http://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 of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. 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 3. 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) West Mill Creek Estates 7 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", 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 Multiplier Required (square feed Miti~atinn 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendiculaz from the top of the neaz bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration , Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Existing impervious acreage is less than 1 % of the total site. Proposed impervious area is approximately 6.15-acres out of a 49.56-acre site. Proposed imperviousness is 12.4% of the total site. This impervious total reflects all roads at twenty feet wide, driveways at twelve feet wide, and estimated house footprints for each proposed lot site. In order to reduce sedimentation of surface waters during the construction process, silt fences, sediment control settling/detention basins and hydro seeding will be employed. Post construction Stormwater management will be established in accordance with Ashe County Ordinance Chapter 156.46 Residential Subdivisions and NCDOT standards for secondary roads as well as minimum construction requirements for private county standard roads. Because the project has a proposed impervious area of less than 30% and no high density type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified West Mill Creek Estates 8 E'nV-ECS, Inc. NWP 39 &NWP 33 March 2007 impervious areas are proposed in the project site elan the project is exempt from state stormwater requirements. 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. Private septic systems will be used in association with the West Mill Creek Estate subdivision with no anticipated discharge of wastewater. 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 anafter-the-fact permit application? Yes ® No ^ 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 ^ No 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://h2o.enr.state.nc.us/ncwetlands. If no, 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 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). 3~i~ Lo0 v ( ~ApplicantJAge~ Signature ~D~e (Agent's signature is valid only if a~a authori2ation letter from the applicant is provided.) West Mill Creek Estates NWP 39 &NWP 33 E'nV-ECS, Inc. March 2007 07-0406 040 SOIL SUR~IEY C~ ASFtE CC)UNTY, NOt~ CAR4LIRlA VYest C«eii Estates Met~gs ~2D ~ 1#19 ~ 4LG ~ cPyA ••~ut1W..nei ~a~ Saa15e.-^=as~ 3 1 ~:G'?C+~' i~rl +:wic~ u~inla •w~ ZtLCCSi CcgsAt114'iV $aat 5mss Fit l of 3 v \ ~~ ~ c ~-~ ~~~ I.0-ac ~`~ I. -ac I 0-ac I 7ST0 9i:0 / s'.er C l6 I. -ac __ ~ 1. ac ~ 1' ~I 19 I 1. -ac \ ~ _,~ I .o- c ~ !, hk-~_!~ /,~ I.0 Hvdrolo ~ delineation rovided h E'n V Envrronnrernal Carsuhirrg Services, hrc, ~76J Romigcer Rawl Ph iFa~f%'-NI?y7.6916 Bmmcr Elk. SC'.N6ii} Email lobo n<o~wc,. cnm l7' \ X120/ ,,9 /a/ADO 1.5-ac - - - - West Mill Creek Estates '= - Site Plan a Hydrology Delineation Impact Map I I 1.2~ e 9 i ,t-a~ ~ ~ Impact One 1. -~h ~ 96" x 40' CMP \ I , ac ~ ~ JSIA _~/~i 36" x 30' CMP I. c I. -ac 4 ~G ~° ,I;o ~-~ a~~ 5 ~~~ ~c I.0 c l 1.0- a'c 11 /l 1. I-ac ~' ~ . . ~ . ~ '°~ (. -ac `~ act Two 1~ ,~ x 40' CMP \y ~~, -. - Roger Roush -.~- 101 - LOGS 1.2-ac 12_ ~~ mil' „ p ~` "o ~ ~~ / 1.5- ~~, 1 ~ 320 Sun,ev and site desi n >'pvided' ~~: Jason T. Herman, PE Thomas Herman Co.. PLLC ENGINEERING, SURVEYING.KEORESTRY PO Boa 519 ph. 336.846-335? Jefferson, NC?8640 fx 336.846-5840 l .S-a ;7, ~~ - - - - C~ ~~ ~~ ELS?O%.^ 9/1/qp~ ^C11i ~...:' 80 16 ~~ `~ FEE ~ One 160 /--. ~ __ ___ _ 'i West Mill Creek Estates PCN, NWP 39 & 33 '; Temporary Impact ', ~,; Sandbag Dam. Diversions I 0 7 ~' 0 4 0 6 ', Road Construction and Culvert Installation I Stream ._ ~. - .. ~cked Rock; ~~. ~~ ~adwall 1 ; - . ~-- ~~ NAG-SC150 Erosion { ~i._ ~ ~ ~~^~''' ~ Control Mat or Equivalent ~t °' ~ > . !, on graded slopes near stream ' ~ • _ , every 10' ~ ,.~_ _ ~~ - -- ~ . ~ ;~ i ~. ~ w.. NAG-SC 150 Erosion -i - ~~ ~ ~"' „~, ,__ Control Mat or Equivalent on graded slopes near stream ,, ,:_ _. _ .. __, ~i ~ ! k~ ~ ~4 ~~' 4i ~i ' .w ~ ' G'~4.'.. ~ ~~4' . cc .4 ~w O ~~ O4 , ~ o ,oQ ~. ~ a:-._. ~ - ,~ ---:4 ,__ ....., r ___ .._ .___y ~ , ..,.,~,~, , ~ i AMP - = ~ .: __ ~ ,. - - - ~~ Rip __ _ _ _ __ Pip_~ Typical _ Q~~ail Crossvane or J-Hook vane for stream U Subdivision Roy Cfl ~! Subdivision Road -- -•- - - - ~.. .. Stacked ~~~ ' ' =':= Rock . ~~'v ~ .~ Wingwalls/ _ - -~ : ss° Headwall ~ _ __. ~ ~ ~~~ ~ Culvert coun -- - ' tersunk _ -- ,. _ -- ,_ _ I one foot below FII( - " ~_ ~~ - existing channel grade i~_~ .. -t---- x ' ' ~ ~ ~ ~' ~.~{ ., Compacted Fill ,. ,. o .;. o '~ ~ ~ ` o Existing Channel Grade ~ a O ~ ^~ ` ' ~ 3 ~ ~ n~ x ~ ~ _. Zn o. ... .. C7 ~n~m c~ ~ ~ ~ ~ wo-~.m cow ~~. Q° p ~ v wm ~•c~n UZ/13/CUU! 1U~ y;4~ PAA 3Ui) !!y 1147 AS51Sl, L Jell i~vu4ivi~ ~('~ W/4]-~nQ Michael P. Eualcy, GovemOr `~ ,,77 ~i William G. Rocs Ir., Secretary r North Carolina ikpartmcnt o!' Environment and Natural Resources y p .r Alan W. Klimek, p.E. Director Division of Water Quality December 15, 2006 Mr. Fraztcisco Mingo ,~ ~ ~ _ ~ 4 ~ 6 8032 NW Terr Miami Lakes, FL 33016 Subject: Compliance Inspection -West Mill Creek Subdivision Unltalned Tributary to Mill Creek, Class C Trout + Waters Ashe County Dear Mr. Mingo: On December 11, 2005, Steve Tedder, Daryl 1;.arrtb, and George Smith, o: this office, met ~rvltlt Mr. ~Mlte lrlliott of Timber Solutions, Inc. in order to determine compliance with the NPD1rS Permit No. NCGO10000, and all other required permits per North Carolina General, Statute §143-215.1. Also, the intent oftlle inspection was to determine cotpliance with water quality standards per North Carolina General Statute § 143-214.1. In order to comply with water quality Standards the following leasures must be implemented: 1. .Apply for a permit with the Asheville Regional Office with the US Army Corps of Engineers to remove and° install the culvert' in Mill Crceki Also; if you intend to perform stream stabilization above and below the culvert at that time yov should apply for that permit concurrently. 2. You should contact a consultant to evaluate measures to stabilize and restore the stream that was dcsigtlatcd as intetmitlent trout waters, which starts from the confluence with Mill Creek and goes for approximately 1 100-feet. (See Attached Form) 3. Contact the Winston-Salem Regional Office, Division of Land Resources (DLR) in order to modify the erosion & sediment control plan to show the Unnamed "tributary to Mill Creek, Class C Trout + Waters. DLR applies the 25-foot trout buffer rule. 4. You will need to install .measures to eliminate the sediment from leaving the site, and entering the waters of the State. Your consultant may need to work with DLR as part of the approved erosion 8c sediment control plan. You or your consultant must submit the restoration plan to iilis ofnce on or before ] anuary 5, 2007. If you have airy questions please contact me at (336) 771-5000. Sincerely, Steve W. Tedder Regional Supervisor cc: Mr: Mike Elliott, 206 Jo Thomas Ro~rd, Lansing, NC 28643 Danny Smith - DWQ NPS Assistance and Compliance Ovcrsighc Unit DWQ Central Files Division of Land Resources- WSRO WSRO -DWQ Pile Copy ,~ ~a Jv~I~A/1'Q!!lJ North Carolina Division of Water Quality SBS Wuughrown tirrcct Winstort-Salim, NC 27107 Phone (336) 77]-SOrH) Fax (3347 771 ~t431 Intertiet wurw.na+dtetquelily,otg An EQudl OppOltunily/ARmretive Action EmploytB--5096 ReCydedll0% Post Conwmer Paper V o~--~oao s WETLAND DELINEATION DATA FORM Date: G \ "~ ner: iL • n_ Coun n., i ,State: hJt-- Field Observations: Depth of Surface Water Ca (in.) Depth to Free Water e tG'" (i~~~) Depth to Saturated Soil (`y _(in.) o_:....,..., i.,a:,.or,.~~ Crrnndarv Indicators aturated <12" ~/ Water-stained les Jater Marks Local soil survey rriiment nenncits FAC-neutral test Drainage Pattems ~ ~ Vtner Ittemar~:sl Remarks: a0~y. ~ Field Observations: Depth of Surface Water C`~ (in.) Depth to Free Water 1:xr (in.) Depth to Saturated Soil t` +_(in.) Primary indicators Seconder lndicat Inundated Oxidized Rhizos heres Saturated <12~~ Water-stained leaves Water Marks Local soil surve data Sediment De osits Drainage Pattems FAC-neutral test Other (Remarks) Remarks: ~~ R. Wetland lion-Wetland Communit LD.: Plot LD.. - Communit LD.: Plot LD.: Do normal circumstances exist on the site? .Yes Do normal circumstances exist on the site? Yes Si nificant disturbance (atv ical situation)'? No Si nificatn disturbance (a ical situation)? No ,_ .~._ _ _....,.,«:.,i ...,,wie.., ~rP~~ No Is this a potential problem area? No North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: Evaluator: Total Points:-T- Stream is at least intermittent if ? 19 or perennial if ? 30 Project: (~tl !I ~-~ ~~ ~ ~- Latitude: I 3C~° ~c~'~'7'~S" ~ Site: I . Longitude: U ~ ^~ S U'Y. ~'~. ,~~ I County: ;~ ~ .+ ~ . Other 1~.~rfE~'tywV,~~Q e. g. Quad Name: A Geomor holo s b ~ r~ - --- ' -- ---- - _ u . total --- -----.- ~Y_____ )_ 1a Continuous bed and bank Absent Weak -- Moderate ' - Strong __ --- -_.. ___ 2. Sinuosity _ _- - 0 _ . 2 . ---- __ ~. _ -. _ _ - 3. In-channel structure riffle-pool sequence -- --- --- -- _ -- -- -- ~ 1 1 - 3 3 4. oil texture or stream subst __ r at e sorting _ 0 - _ ~-- - - _ _ _ 5. Active/relic floodplain -- --------- - 0 1 1 2 ~"1 3 ---- ---- Depositional bars or benches 0 ~ -- - - -~ - 3 - - -- __ _ raided channel - - -- --- - - 0 _ - 1 2 .__ -- ~ - ~ ~ -----~-.- -- 8. Recent alluvial deposits a - __ 0 ~ 1. - -- 'i~ 2 ~ _- 2 3 - - ------ . 9 Natural levees ____- _-------- -__ __ -` ~~ 2 3 10. Headcuts --- --- -_ O 1 - _ ~~ - - 3 ---.._____ 11 Grade controls - --- p 0 5 ~ ._ 3 __ ----- __ 12 Natural valley or drainageway --- -- _ -- -- __. 0 . _ __ 0 5 __ - ~1 - _____ _. _ ___ 13. Second or greater order channel on ' . 1.5 existino _-_ _ ___ USGS or NRCS map or other documented No = 0 " w.- evidence. ~es = 3,,'~ a Man-made ditches are not rated; see discussions in manual B. Hydrol~_ (Subtotal_= ~ ) _.. 14. Groundwater flow/dischar - - _.-__ _--- - --------- __ _ 15. Water in channel and > 48 hrs since rain, or 0 1 2 .-_ - -- _ -_ . Water in channel -- dr~or growing season -- 16 L 0 _ 1 2 r . eaflitter _- - __ _ _ 17 Sediment on plants or debris 1 5 - 1 - - _ 05 _ - - ~ -- - - -- _ _-_- b ,,' _ -_ _. __ __ --- - 18. Organic debris lines or piles (Wrack lines) 0 0 0 5 -.- - C1~ _- - 1.5 - -- - 19. Hydnc soils (redoximorphic features) presents - _ _ _ -- --- N o = C -- Yes - 1.5 1. C. Biology (Subtotal = `~, ~l v~, ~ ------- --- __ _ - ----- - -- 20 . Fibrous roots in channel - --------- -- b 3 , 2 - - -- 1 -_ _ - 21 . Rooted plants rn channel -- --- ---- - _ - ~~ 2 - - -~ - ~ - -_ - _ _ 22. Crayfish --- _ __ __ - - ~ _ " _ 0 5 _. -- 1 0 - 23. Bivalves -- - -_ - - - ~ - __ 1 __ -- - 2 1.5 -- _ - -- --- - - - 24. Fish - _ _ _ _ . 0 - _ -_ ~, .._ _. t _ -- ---- _ 1 3 . - - -- --- .. 25. Amphibians _ __ - --- - _ 0 _ . .- =~- ~Q,S _ _ _ --- 1 _-. ._ ---- --. 26. Macrobenthos (note diversity and abundance) - - - _ p . __ _ -_ 0 5 __- 1 ;i 1 5 -- - - -• 1 5 27. Filamentous algae periphyton _ - - - ---- - - 0 - ~ '' . -- - -- 2 . . _ -- --- _ -- 28. Iron oxidizing bacteria/fungus -- -- --- - - 0 _ . ~.~ - __._ __ 3 _ -- --- --- -- _ 29 Wetland plants in streambed - 6-- ---...- -- --- --- Items 20 and 21 focus on the presence of u l d l ~ FAC 0 5; 1 5 0 5 1 --- - - - FACW ~' 75 OBL 1 5 SAV 2 0 Other = 0 p an p ants, I tem 29 focuse s on the presence of aq uatic or wetland pl ants. Notes: (use back side of this form for additional notes.) Sketch North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ~ % ~ W / o _r Project: t~.,l ~ i C'.~ra k ,`,,~~ : _ Latitude: 3(0~ c~ V C~ (~ ~ ~ ~'^I Evaluator:( ~-- ~- Site: Longitude: gl ° 3 'Q'~. ~$~ Total Points: ------_ -_ Other ~ti~r,f 4 ~r.a:u ~ ~~ e.. Stream is at least intermittent County: n, if ? 19 or erennial if ? 30 ,r ~ o~ f y ~ ~ ~ ~' - < e. g. Quad Name: µ.. A. Geomor holo Subtotal = i °' - - -T-- Absent Weak --- . Moderate _ ' Strong 1a. Continuous bed and bank 0 1 2~ ~ 3 ___ ___ __ 2. Sinuosity - 0 _ 1.; 2 3 _ ----- 3. In-channel structure: riffle-pool sequence 0 ~,~ 2 _ ______._ --- - _ -- g 4 Soil texture or stream substrate sortin 0 _ _ 1 _ C2. _-- 3 _- _ 5. Active/relic floodplarn ~1_ ~ 1 -- - 2- - 3------- 6. Depositional bars or benches 0 1 ~ 2 3 7. Braided channel d . . _. 1 2 _ _ _ 3 -... _. _ _ - ____ _ __ 8. Recent alluvial deposits _ 0 __ _ s _ ~ a~'`__ ?. 3 _ _ 9 a Natural levees ~Cf,° 1 2 3 10. Headcuts 0 1 ~_ 3 11. Grade controls 0 'r 0.5,~ 1 1 5 12. Natural valley or drainageway _ 0 0.5 (1,~3 1.5 13. Second or greater order channel on existrn y USGS or NRCS map or other documented No = 0 r' Yes = 3 Man-made ditches are not rated; see discussions in manual ~Subtotal = t~ ~ ) Hydrolo~y B. _ _ -- _ _ _ 14. Groundwater flow/discharge 0 1 '~~ 3 15. Water in channel and > 48 hrs since rain, or 0 ~.%"~; 2 3 Water in channel -- dry or growing season _ - _ 16 Leaflitter 1 5 ~ 0 5 0 17 Sediment on plants or debris ------- --- - 0 _ r: __ _ (0 ~ _ _ . _ ----- 1 - _ _ - - 1.5 -- _. 18. Organic debris lines or piles (Wrack lines) r 0 0.5 1 1.5 -- 19 Hydric soils (redoximorphic features) present? _. 0 0 Yes - 1 5 / ;. C. Biology (Subtotal = ' ~ ) _ __ __ 20b Fibrous roots m channel 3 ~ 1 0 --- 21b. Rooted plants in channel 3 _ t~21- _ _ __ 1 ____ __ 0_ 22. Crayfish ~'D _ 0.5 1 1.5 23 Bivalves _ _ X15 1 2 _+ 3 24. Fish ~0` 0~ 1 1.5 25. Amphibians 0 , _ _ _ 1 __ _ 1 _5__ _ --- - - ---- - 26 Macrobenthos (note diversity and abundance) 0 ~> 1 15 27. Filamentous algae_ periphyton r 0 1 2 3 28. Iron oxidizing bacteria/fungus.. b ~U _ _ ~w, 0.5 , _ 1 _ __ 1.5 Wetland plants in streambed 29 Ff~ 0 5, ~ACW 0 75, OBL = 1 5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item -9-focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional notes.) Sketch: 07-°4Q~' ~ ,. USAGE AID# DWQ # Site # (indicate on attached map) ;,~„ STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: ~` ~ r ~ ~`v~ . ~~«- .za ~ , .~ ~~~;. .Eva uator's name: ~ ,,. ,,, ~ , ~ , ~. w,- ~ ~~ r t 3. Date of evaluation: v7 ~~'~'~~~°~~ ~~ 4. Time of evaluation: (,`~ ~.;, ;;~,>. 5. Name of stream: (,4 I - (~'~ ~1 i ~ r. c It 6. River basin: ~~t' ~•. 7. Approximate drainage area: 8. Stream order: ~~s~ 9. Length of reach evaluated: ~ ~ f.~ t'~~~'~ ~i~~± 10. Counry: ~~ z, .a - 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if an ~V~ ~.v~>~C..~°.: ~~;~~,-r~:~"~`;~, y)~ ~`° Latitude (ex 34.872312): ~`~ ~' ~ , .• 3 ~ ~`'~ Longitude (ex -77.556611): _ ~~~ ~~ ```~ ~= ~~t ~ ~ ~ ~~•~~~~ Method location determined (circle): GPS ~'Topo Sheet ~'' Ortho (Aerial) Photo/UIS Other G[S Other ~..~-.k4r~~?^-..~ !. ~,,.~" 13. Location of reach under evaluation (node "iear'by roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if any): 15. Recent weather conditions: 16. Site conditions at time of visit: ~.~ 17. dentify any special waterway classification`s known: -Section 10 -Tidal Waters -Essential Fisheries Habitat Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Su 1 Watershed I-IV) - Pp Y 18. Is there a pond or lake located upstream of the evaluation point? YES ~NO.~ If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES ~NO~ 20. Does channel appear on USDA Soil Survey? YE NO .........:. 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 22. Bankfull width: ~% Forested _% Cleared !Logged _% Other ( ) 23. Bank height (from bed to top of bank): ~ e ~~ Gentle (2 to 4°io) -Moderate (4 to 10%) -Steep (> 10%) -Frequent meander -Very sinuous -Braided channel 24. Channel slope down center of stream: -Flat (0 to 2%) 2.5. Channel sinuosity: Straight ~` Occasional bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location. terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): ~~ ..' t Comments: Evaluator's Signature /,,~ ~'~ ~• ._...~~.~~°~ , }~s':Ca `~,.., Date ~% This channel evaluation form is intended to ~e used only as a guide to assist landowners and elhvir~nmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USAGE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ~ CHARACTERISTICS ECOREGION POINT RANGE G'oastal Piedtnont Mt~unt~in SCORE 1 Presence of flow /persistent t ' poo s m stream no flow or saturation = 0• stron flow = max oints 0 - 5 0 - 4 0 - 5 ~ 2 Evidence of past human alteration ` .extensive alteration = 0• no alteration = max oints 0 - 6 0 - 5 0 - 5 y 3 Riparian zone ~ '/ no buffer = 0• Conti wows wide buffer = max oints 0 - 6 0 - 4 0 - 5 j 4 Evidence of nutrient or chemical discha , rges extensive dischaz es = 0• no dischaz es = max oints 0 - 5 0 - 4 0 - 4 Grou d g n water discharge U no dischar e = 0; s rin s see s wetlands, etc..= max oints 0 - 3 0 - 4 0 - 4 ~ ' Presence of ad 6 jacent tloodplain ,y~ no .flood lain = 0; extensive flood lain = max oints 0 - 4 0 - 4 0 - 2 Entrenchme t / fl a ~ n oodplain access dee 1 entrenched = 0• fre went floodin = max oints 0 - 5 0 - 4 0 - 2 g Presence of adjacent wetlands no wetlands = 0• lar a ad•acent wetlands = max oints 0 - 6 0 - 4 0 - 2 9 Channel sinuosity _- extensive channelization = 0; natural meander = max oints 0 - 5 0 - 4 0 - 3 Sedi en 10 m t input extensive de osition= 0• little or no sediment = max oints & Se 0 - 5 0 - 4 0 - 4 '? ~ 11 e diversity of channel bed substrate 7 fine homo enous = 0• lar e, diverse sizes = max oints NA* 0 - 4 0 - 5 12 Evidence of channel incision or wideni ~~ ~ ng dee 1 incised = 0• stable bed & banks = max oints 0 - 5 0 - 4 0 - 5 t_ 13 Presence of major beak failures severe erosion = 0• no erosion stable banks = max oints Root de th l d 0 - 5 0 - 5 0 - 5 14 p ana ensity on banks 1.., no visible roots = 0• dense roots throw hout = max oints 0 - 3 0 - 4 0 - 5 a' ~ 15 Impact by agriculture, livestock, or timber production substantial im act =0• no evidence = max oints 0 - 5 0 - 4 0 - 5 '~' Presence of riffle- o U i Yf ] 6 p o r pple-pool complexes F„ ~ no riffles/ri les or ools = 0• well-develo ed = max oints Habitat o l i 0 - 3 0 - 5 0 - 6 H ' 17 c mp ex ty , :, little or no habitat = 0• fre went varied habitats = max oints 0 - 6 0 - 6 0 - 6 18 Canopy coverage over streambed no shadin ve etation = 0• continuous cano = max oints 0 - 5 0 - 5 0 - 5 , 19 Substrate embeddedness _ .dee 1 embedded = 0• loose structure = max NA* 0 - 4 0 - 4 Presence of strea i 20 m nvertebrates (see page 4) ~,,, no evidence = 0• common numerous es = max oints 0 - 4 0 - 5 0 - 5 ; I G7 Pr n f ~ 21 ese ce o amphibians O no evidence = 0; common numerous es = max oints 0 - 4 0 - 4 0 - 4 1 P f O 22 resence o fish. ~ no evidence = 0; common numerous es = max oints 0 - 4 0 - 4 0 - 4 '~' Evid il 23 ence of w dlife use no evidence = 0• abundant evidence = max oints 0 - 6 0 - 5 0 - 5 :~ Totah Poiats Possible 100 100 l0U * TOTAL SCORE (also enter on first page) ~ rl Th ese cha racteristics are not assessed in coastal streams.