20041311 Ver 1_COMPLETE FILE_20040806

MEMORANDUM
TO: John Dorney Regional Contact: Barnett, Kevin
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward Snowden
Project Number 04 1311
Recvd From APP
Received Date 8/6/04 Recvd By Region
Project Type residential / agricultural
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. supp. Basin Req. Req.
3,) Stream ©} ? N F- 1-21-9 F __F_
40.501.
?ON
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y *N Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? O Y O N Recommendation: O Issue 0 ISSue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
`Issued out of ARO on 08/16/2004 - khb
County Clay
County2
Region Asheville
cc: Regional Office
Central Office Page Number 1
1;& .s

Office Use Only:
USACE Action 1D No.
FILE COPY
331-
04
DwQN
Form Version April 2001 j
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1.
11.
D ..._:_
Processing WETLANDS /411 ?1 ?'1i11
1. Check all of the approval(s) requested for tliis project: AUG D 6 2004
[] Section 404 Permit i??
ection 10 Permit w" t p l Y
'401. water Quality Certif cation
[] Riparian or watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:9W 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: []
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section-VIII - Mitigation), check here: []
Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
Telephone Number: 2$ • 381 - 5 1 Fax Number:
E-mail Address:
2. Agent 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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:

M. Project Information
Attach a - vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, avers, 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 I I 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: [ of -L? kb. ?N(1 --CO,
-)6
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location nn-
County: 1. 4 Nearest Town:_ 4A`[6,SV 1LLC-
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(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. Describe^the existing Ind use or condition of the site at the time of this application:
7. Property size (acres): '-AO
8. Nearest body of water (strreeam/river/sound/ocean/lake): ?'r 1 b 64m &wc q
9. River Basin:_ b iWA *E15
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.statemc.us/admin/mays/.)

10. Describe the purpose of the proposed work: 1.0 ULr4g'? Wqr?'? St?t?yl c c'' r 12
SiLKi'X? ??'S •
11. List the type of equipment to be used to construct the project: 1 R*4
MOV11 l6 114.
12. Describe the land use in the vicinity of this project: KG-Si,OE ly L ? 1&0 euc?to0t-
IV. Prior Project History
If jurisdictional determinations and/or penrdts have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE 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.
V.. Future Project Plans
Are any additional permit requests "anticipated for this project in &e future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N!o N c_: ^,,, 44• 4ZA et . 2 3 Y t Y`?
?'1+-+g? co st? ? s ?L ? ,?6vc.a? `0 ra T Gl? ?? cif ?wr?- , ???I//
?'vrti _ i itvh J"-C tC. J, / a ?r. S l!W1 S C3 i-rM rr
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 irtzpacts 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. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fiI1,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodpiains are identified through the Federal Emergency Management Agency's TEMA) 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.f'ema- eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc,)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed: _ NONE
2. Stream .Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)-
Type of Impact*
- - Length of
• Impact Stream Name**,
(linear feet) Average Width
of Stream
Before Impact perennial or
Intermittent?
(please specify)
40LAcZowwr -F 00 'N Ur L.oLO ' ?JN??L
Fi??N OHrI

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(AAw? GyJSC
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2' /?
Ntj ?q(,

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SEan?Mr ?W iok?t

* List each impact se parately and identify temporary impacts. Impacts include, but are not limited to: culver ts and associated rin-ran.
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 fbr 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.usas._ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.manguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: P51) P? ?trKT
t0` . ?r??Au?H
{
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map). Type of Impact* Area of
Impact
(acres) Name p Watble)
of body
(if applicable) Type of W aterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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 app 'cation.
Pond to be created in (check all that apply): ? uplands Z stream ? wetlands
Describe the method of construction (e.g., dam/embankment, exca?va_tion, 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: L SA . Expected pond surface area: IC 0.5ALW ' '
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.
R S c?L?CZ' ?, D? S y Z"tc:r ct P- ? ! 'PeA'w c', 7ar
4. 7'

VIII. X[ igation
D WQ - 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
httl3://h?-o.enr.state.ne.us/ncwetlands/stn-ngide.html.
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 (acreageAinear 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 Wetlands Restoration
Program (NCWRP) with the NCWRP's -written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wedands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://h2o.enr_state.ncmL y ?c htm. i
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: • ,j
Amount of stream mitigation requested (linear feet):
Amount of buffer 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):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes Q No W
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 ox SEPA final approval letter.
Yes [__J No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify _??
Yes r-I No Q 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* re feet) Multiplier M figtatt
(squa
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B , 0242 or .0260.
M. Stormwater. (DWQ Only)
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 theLpio/j'???}erty.
i T-A, r..... A r Ci_A. _ _ -- n A.
-1*; 6104A mft--A W" IV- Wcew 7111?6
XU. Sewage Disposal (DWQ Only)
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.
NO WAOF[A WWO loaf I h; f?iu?titn?rn A.r lAkik lhu.e
MH. Violations (DWQ Only)
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 []
XW
-- 16-0
Applicant/Ageres Signature Dat4
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and Cotmty Coverage
Asheville Regulatory Field Office Alexander • Cherokee Tredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room.208. Burke . Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell. Swain
Fax: [phone] Catawba " Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie . Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Berrie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson- Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Ml pore Sampson
Fax:°(910) 2514025 Cumberland New Hanover Scotland
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).
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
a
US Fish and Wildlife Service I National Marine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
US Fish and Wildlife Service-
Asheville Field Office
160 ZDlicoa Street
Asheville, NC 28801
Telephones [phone]
North Carolina State Agencies
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 23516
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewiid Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Division of Water Quality State Historic Preservation Office
Wetlands Restoration Program Department Of Cultural Resources
1619 Mail Service Center 4617 M;W-Sernce Center
Raleigh, NC 27699-1619 Raleigh, NC .27699=4617
Telephone: [phone] Telephone: [phone]
Fax: [phone] _ Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan ' Hertford Pasquotank
Bertie Crayen Hyde : Pender
Brunswick Curnituck ... New Hanover Perquimans
Camden Dare .. Onslow Tyrrell
Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Burry
Buncombe Henderson Polk
Cherokee Jackson Rutherford .
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell
t Yancey
J-?
VVTLAA108 / 4111
U.S. ARMY CORPS OF ENGINEERS AUG 0 6 2004
WILMINGTON DISTRICT WATER ,
Action Id. 200430713 County Clay Quad SHOOTING CREEK
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Edward Snowden
Address: 600 River Bend Drive
Hayesville, NC 28904
Telephone No. 828-361-5129
Zone: 44 UTM or LAT/LONG: North: 3882917 East: 747931
Size and Location of project (water body, road name/number, town, etc.) in an unnamed tributary to Cold Branch
flowing through a 30-acre tract off of Cold Branch Road near Hayesville, Clay County, North Carolina.
Description of Activity: to construct a pond on an unnamed tributary to Cold Branch. The pond, which will be used
for recreational purposes and watering horses, will impact a maximum of 150-feet of the unnamed tributary.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions, those outlined in the attached March 29, 2004 NC Wildlife Resources
Commission letter, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Water Quality, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the pennittee to a stop work order, a restoration order, and/or
appropriate legal acdon-
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before begimiing work
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: AW 21,104
Corps Regulatory Official: David K. Baker Telephone No.: [phone] x 225
Expiration Date of Verification: April 28, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
RWaed JWy 1996
-r
01 North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
March 29, 2004
Mr. David Baker
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Mr. Edward Snowden 404 permit Application
Pond Construction- UT Cold Branch
Clay County, North Carolina.
Dear Mr. Baker:
Mr. Edward Snowden is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (Commission) for a 404 permit from the U. S. Army Corps of Engineers. We
reviewed the information provided by the applicant and spoke with Mr. Snowden most recently on March
29, 2004 regarding the project. Our comments are provided in accordance with provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant proposes to construct a pond and two sediment traps on an unnamed tributary (UT)
to Cold Branch near Hayesville. The pond is needed to water horses. Total reported impact of the
construction is 200 linear feet in what appears to be an intermittent stream or spring seep.
Cold Branch is classified as C by the Division of Water Quality and not designated as trout
waters by the Commission. Tusquitee Creek downstream of Cold Branch is classified as C trout HQW
and designated hatchery supported water. The UT to be impacted by the pond is not depicted as a stream
on the U.S. Geological Survey map, and according to Mr. Snowden, it is very small and periodically goes
dry. Based on this information, it is our opinion that the stream is not sufficient in size to support trout
and that the project will not directly affect trout.
Our primary concerns with the project are potential adverse effects on aquatic habitats in
downstream areas of Cold Branch where trout may occur. Dam construction and impounding of stream
flow by the pond could degrade habitat by contributing to sedimentation and elevated water temperatures
in the watershed. Therefore, the Commission will concur with issuance of a 404 Permit for the project
provided the following conditions, which we feel would minimize effects of the project on aquatic
resources, are attached to the permit and adhered to:
1. Adequate sedimentation and erosion control measures must be implemented prior to any
ground-disturbing activities to minimize impacts to downstream aquatic resources.
Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 291 • Fax: [phone]
r_ __'
Page 2
29 March 2004
Snowden Pond, UT Cold Branch
Clay County
days of ground disturbing activities to provide long-term erosion control. Erosion control
matting in conjunction with appropriate seeding should be used on disturbed soils adjacent to
streams, slopes of the dam, and other disturbed areas instead of straw mulch.
2. To minimize temperature impacts on downstream waters, native woody vegetation (e.g.,
rhododendron, dog hobble, red maple) should be reestablished along the pond and stream
channel to provide canopy cover. Also, the pond outflow pipe must be designed to draw
water from near the bottom of the pond. Cold water intakes should be within 1-2 feet of the
bottom, but not on the bottom. This design will also prevent buildup of poorly oxygenated
water and improve water quality in the pond. The easiest way to accomplish a near-bottom
outflow is to place a larger pipe over the standpipe so that water flows into the bottom of the
larger pipe, as shown below.
pond surface
water flow
pond bottom
3. If concrete is used during dam construction, adequate precautions must be taken to prevent
direct contact between uncured concrete and stream water. Water that has come in contact
with uncured concrete should not be discharged to surface waters because of the potential for
elevated pH.
4. For pond construction, excavation of the stream and the disturbance within the pool area
should be conducted in the dry. Sandbags, cofferdams, flexible pipe, or other diversion
structures should be used to bypass stream water around the excavation and construction
areas.
5. When filling the pond, residual flow in the stream below the dam must be sufficient to
prevent adverse effects on downstream aquatic resources. This can be accomplished by
partially opening the gate valve during the filling process. However, turbid water should not
be discharged to downstream reaches. Until the water in the pond is clear, flexible pipe
should be used to maintain a bypass stream flow.
b. Excavation of the area downstream of the pond outlet should be avoided to the greatest
extend practicable. The discharge point should be stabilized with rock to prevent scouring
and adjacent areas allowed to revegetate with rhododendron and other native vegetation.
7_ Under no circumstances should rock, sand, or other materials be dredged from the wetted
stream channel under authorization of this permit, except in the immediate vicinity . of the
ponds. In stream dredging has catastrophic effects on aquatic life, and disturbance of the
natural form of the stream channel will likely cause downstream erosion problems, possibly
affecting adjacent landowners.
8. Ripmp placed for bank stabilization should be limited to the streambank below the high-water
marls, and vegetation should be used for stabilization above the high water elevation.
Page 3
29 March 2004
Snowden Pond. UT Cold Branch
Clay County
9. 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.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
Thank you for the opportunity to review and comment on this project. Pending availability of
field staff, the Commission may inspect the work site during or after construction. If there are any
questions regarding these comments, please contact me at [phone] extension 24.
Since
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Edward Snowden, Applicant

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