HomeMy WebLinkAbout20010179 Ver 1_COMPLETE FILE_20010206State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Jason Wheatley
USDA-NRCS
55 Riverside Circle, Suite 103
Community Services Building
Hayesville. NIC 28904
Dear Mr. Wheatley:
A&41
A- OL
NCDENR
DIVISION OF WATER QUALITY
February 6, 2001
Subject: Stream Bank Stabilization/Enhancement
Brasstown Creek
Clay County, NC
DWQ# 010179
This Office is in receipt of the plans for the stream stabilization/enhancement project of a
specified length of the Brasstown Creek prepared on your behalf by USDA-NRCS and submitted
to the Division on February 6, 2001. Staff from the Wetlands Unit reviewed the plans and found
that they meet the definition of stream bank stabilization without the use of hard structures and do
not require a formal application as specified in the Water Quality Certifications 3258 for USACE
Nationwide Permits No. 13.
If you have any questions regarding this matter, please contact Mr. Todd St. John at (919)
733-9584.
cc: Mr. Todd St. John, Wetlands
Asheville Regional Office
File
ncerety,
n R.' orney
etlands Unit Super isor
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1896 . FAX 919-733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
ARCADIS GERAGHTY&MILLER
To:
NC Division of Water Quality
ATTN: Mr. John Domey
4401 Reedy Creek Road
Raleigh, NC 27607
From:
William Scott Hunt, III, PE
Subject:
Brasstown Creek
Stream Restoration Permitting Package
Warne (Clay County), NC
We are sending you:
® Attached
? Shop Drawings
? Prints
? Other:
Transmittal Letter
FEB 6 2001
Copies:
Mr. Jason eatleX (USDA-NRCS)„
Mr. David B ker"( SALE).
Mr. Owen Anderson (NCWRC)
Date:
6 February 2001
ARCADIS Geraghty & Miller Project No.:
NC600006.0000/00002
ARCADIS Geraghty & Miller, Inc.
2301 Rexwoods Drive
Suite 200
Raleigh
North Carolina 27607-3366
Tel 919 782 SS 11
Fax 919 782 5905
TRA
0101 79
? Under Separate Cover Via the Following Items:
? Plans ? Specifications
? Samples ? Copy of Letter
? Change Order
? Reports
Copies Date Drawing No. Rev. Description Action*
7 02-06-01 - - Section 401 Pemit Application (1 per each of 8 landowners) FA
7 02-06-01 - - Agent Authorization Letters (1 per each of 8 landowners) FA
7 02-06-01 - - Copy of Pervious Permit FA.
7 02-06-01 - - Project Vicinity Maps FA
7 02-06-01 - - Project Narrative FA
7 02-06-01 - - Project Photos FA
7 02-06-01 - - Stream Restoration Plans FA
Action*
? A Approved
? AN Approved As Noted
? AS As Requested
? Other:
? CR Correct and Resubmit
? F File
® FA For Approval
? Resubmit Copies
? Return Copies
? Review and Comment
Comments: We appreciate the opportunity to re-submit this application. If you have any quesitons or concerns regarding this
submittal, please contact me at (919) 782 - 5511, ext. 181.
Thank You,
Scott Hunt
1 4
Our ref.: _ r Page:
g:\tra\600006korrespondencek401transmittal.doc
Q
k3, n
Oi 01 79 T; FEB 62001
DWQ ID: CORPS ACTION ID: i
o
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERM ), °
27 /i3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
PIECED OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME:
.2. MAILING ADDRESS: P. D. SOX. -W&
SUBDIVISION NAME
CITY: '4P
Aq cowr STATE: SDVT-H C ,eau m ZIP CODE: 29M5
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER: (HOME) (b 4) S37la-22(07(WORK) (444) 07& - -22&2-
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER
Mr , .Ta cmn RbPa t1 Py , TTSnA-NRCS.Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay _ NEAREST TOWN• Warne
See Attached Vicinity Map
L
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAMIRIVER: _Brasstown Creek
RIVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ' ( x) NO ( ) IF YES, PROVIDE ACTION LD. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): A n t i on TD. 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
i
FILLING: N/A
FLOODING: N/A
DRAINAGE : N/A
OTHER: N/A
TOTAL ACRES TO BE IMPACTED: N/A
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 Fr AFTER: 4,500
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) - (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
OTHER: Strea' . Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
EXCAVATION: N/A
N/A
N/A .
WHAT IS THE EXPECTED
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed" using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded' streambanks
and to reestablish permanent vegetated-.riparian corridors, In conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
DRAINING TO. THE POND?,
POND SURFACE AREA? _
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQURED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
at/a
17. DOES THE PROJECT INVOLVE AN EXPENDMJTRE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACTT YES( •) NO (. X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. 'WETLAND DELINEATION MAP SHOWING ALI: WETLANDS, STREAMS, LADS, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29, '
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
ps+Tn 5/?G T'S STC.NIIT UAlt•
{AGE OT'S $IGNATURX VALID ONLY
TP AUTHORI %ATT(M LETTER MOM
IM OWNER IS PRO VTOED t 3?iti,'1)
B SToW CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on this = day of ,?oQLby geld botw%= the
Ck CqV& Soft anAd?Sggw Conservation District and
OB ,R 1 V g,om; ?a-rrt' (La<tdowner} of Id?Pr- Ale.
(Landowner) of
hereie sAx called " lan4owner(sr. Tleis agreement for Contract No, covers tba period of
implementation up tobut not beyond, the fast Wednesday in Jura
,A.. THE LAIIMWN$R(S) $RAIA. ACME TO.
(1) ItmpW meat the streambatik repairMparian restoration ,plan(s) to tlte'lt M of hislher ability in compllaux
with the rules govcming this vast share program and aocotding to the attached Plait of Operation (PO), and
will not b"In implementation until approval is given by the Cherokee County Seal and Water Conservation
District.
(2) Maintain and continue the cost shared stteambank reepaSrlr Wiasi restoration plan(s) an the attached PO for
the miAimum life set fetch by the Soil and Water Conservation District cast sham option (Part B (2)). It the
tanday mer(s).faiis to-maintain property (W WAtinve, the cost altarpd.pr sus. for their: intealt4e?d use for the % li& of the agreeMet,.0* latedowner(s) shAEt be ragttir?.to tkpgic.ar t.eimplanazi the PO wtitlrin all daSi .(ug
to ono ealcodar year for vegetitive practices) or be required to repay the State of North Carolina a pro-rgtid
amount of the anal abaci paym mt as set forth is the rides govemimg this program. tithe landowner(s)
eba;edens the iiY ptcrnanted 'p'lan, and converts tim use of the cost shared plan or fails to maintain the plan
o#`
properly, the landowner(s) vn'il be required to May to the State of North Carolina a pro-Mled a nowt
the c5o4 Share payntenmt(s) as sett forth in ihe: rules governing this program,
(3) permit,eace is by Soil and Wgier Consesrvation District, Division and Cort jssion rvreserntatives at
r+easottMe tiinds t4 provide laehnianl sgsistattoe saki to inspect the operatiax plan during attd aster
;taaapleittie?atatien for proper hutallation, mainieeanee and wntntttatian.
(4) (tegi?irG "y per3on(s) to whom the txrae .4A.peres are transfaTed by salty lease or etticsr moans to sign at
statcM;ut.tP maintain and awti nue the cost sltat'est stt'eambattlc repairftipariau reawratfim for thir''ertaitling
li fee of this agrom out as at c onditiat of the tratasfdr of ownership or control. The landovslaa shall give a ,
dopy or the statemem to the District. Failure of the landowner(s) to secarea suok an agreement will require
the landgwaea(s) to repay the State a prorated a mmot of the cost share payment(s) v. set forth in the rules
governiog this program.
(S) Raimbram the Soil arc! Water Consavatiaa District acvording to the cost-share. option selcetead in Section
B (Z).
H. THE DISTRICT SHALL APRE4 TO,
(1) Pravitk technical assbhwu7e for the olatinink. d%sign impleuicaitatiod.' ahd 6iidf'icatiorn for all streambasrtk
r.
r+eptrirrA - arian ramwadap,(esost.shwtd and non-ew sti9redj;cantsined.ita t3te Aft*&.m plan of operatibp-
! 'd Z9ZP 68£ V04 veal 3111AS3AVH MdA Wtfi;£ 06 @@Z-8?--9
(2) Supervise paynmt for the cost of the streaaabauk repairhiparian restoration accotding to 00(3n:
3) 100 percent of Boat for a 90-yew maintenance agreement on a 50 feet wide ripar;p* buffer along the
3bvaiWcm*. (If this aptim is selected„ the landowner-par 0 percent of the project cost.)
(b) 90 percent ofewt for a 15-year maintenance agrement on a 25-foot wide riparian buffer a1ang the
sty vup/creek. (If this option is selected, the landowtaer pays 10 pCromt of tho project aost.)
(o) 90 pamit of cast for a 10•year maintenance agreeanent on a 1S-11bot wide Aparian buffer along the
stt=Wcr . (If this option is selected. the lar downer pays 20 paint of the project am.)
Date rv- 3- 6 a
MWC-
DM
gnaitue)
MRCS
DaEe
• (Silgtt7ltWa)
'd Z9M 6SE VOL 03 3'1-IIAS3,.dH, W4a3 Hvec .6 eez-8z-9
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /i3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
DUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: M4K'f7N M4 -Tr/X
2. MAILINGADDRESS: 5591 OLD 104• WEST'
SUBDIVISION NAME _____ _
CITY: Wi2Q,5 STATE: 1lra IR 4eb W N4 ZIP CODE: 2 590.9
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):_Warne, North Carolina along Brasstown Creek
3. TELEPHONENUMBER (HOME) 0820389- Side (wo= E?Zs?3s? s?J??
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER
'Mr' Jason WhPat-lPy, USnA-NRCS. Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY. Clay _ NEAREST TOWN. Warne
See Attached Vicinity Map
v
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: Brasstown Creek
RIVERBASIN• Hiwassee River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER .
SUPPLY (WS-I OR WS-I)? YES ( ) NO ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMPTS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x) NO( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Action TD. 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
DWQ ID: _
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMrr #)
27 13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOBN DORNEY. 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MAPwAj MAC -C/X
2. MAILING ADDRESS: 5591 OLD 1o 4 WES-r
SUBDIVISION NAME
CITY: k6412 STATE: WOW 6406 W N4 ZIP CODE: 2 830 9
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILINGADDRESSABOVE):_Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER: (HOME) (8292 309- 8/GG (WORK) ?25? 38? • ?Jlo G
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER
•Mr" Tacnn WhPaYlaY, UI;nA-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY; Clay - NEAREST TOWN;
Warne
See Attached Vicinity Map
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: -Brasstown Creek
RIVER BASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIR MENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERNIITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Ar ti nn TD. 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: ViTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
iv lnGiT/ s n'r? ?.°1. .
(AGENT'S SIGNATURX VALID ONLY
YP AUTHOR12ATTON LETTER MOM
Y'!tR ONNER IS 1'ROWDED f 16u. 3 }
SRASSTOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on this ;2- ? day of -1 vim- a x"` by and between the
Clay County Soil and Water Conservation District and
f. 1424 i _ (Landowner) of
(i aadowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up to but not beyond, the first Wednesday in juue
A, THE LANDOWNER(S) SHALL AGREE TO.
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhiAer ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begirt implementation until approval is given by the Clay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their inteuded use for the
life of the agreement, the landowner(s) shall be required to repair or reimplonent the PO within 30 days (up
to (we calendar year for vegetative practices) or l)e required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the Iadowner($)
abandons the implernentod plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth vn the rules governing this program.
(3) Permit access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a.
statement to maintain and continue the cost shared streambank repairhriparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or coutrol. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as stet forth in the rules
governing this program.
(5) Reimburse the Soil and Water Conservation District according to the cost-share option selected in Section
B (2).
B- TILE DISTRICT SHALL AGREE "T 0,
(1) Provide technical assistance for the planning, design, implementation, and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment far 100 percent of the cost of the steambauk/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the stream/creek.
?-
?- (Landowner) Date i '
(Signature)
MWC
f? c
S
l
?" ?? S
Dat
lgf
(
$L73rE)d
District Chair
Date
(Sla nature)
MRCS
W D
??
(Signature) ^
ate
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27/13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
('n COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD.
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: LA4Y L15010040. e
2. MAILING ADDRESS: W o Lu a-V 4WA&LD4 RP40
SUBDIVISION NAME
CITY: WAR&9 STATE: Naefk t49DLINA ZIP CODE: xHOY
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) (926) 391.9348. (WORD (Ole) 389.9348
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER
Mr I Ta enn W t-n rl Py , TTST)A-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay - NEAREST TOWN: Warne
See Attached Vicinity Map
Ilk
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAMlRIVER: _Bra. stown Creek
RIVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF HNVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Action TD- 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
_ a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING AI.L; WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT.
.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF, THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
L.
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4,500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY
OPEN CHANNEL RELOCATION. PLACE 4ENNT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
OTHER. •Strearr .Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO, THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS .ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
-installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-..riparian corridors In conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
t IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
C7f4nt 14G .T' S 87 GNAT
UAlt
{AGENT'S SIGNATURX VALID ONLY
IF AUTHOR1:0..A'PT014 LETTER F-UOM
TRIP OWNER IS PROVIDED (160.))
BRASSTOWN CREEK EROSION CONTROL PROJECT
COST SRARE AGREEMENT
This agreement is entered into on this _ day of 2- 04C> 0 by and between the
Clay Corm Soil and Water Conservation District and
x'44 %r Q (Landowner) of
(Landowner) of
hereinafter called "landowner(s)". This Weement for Contract No. covers the period of
.implementation up to but not beyond, the first Wednesday in June
A. THE LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhi3ther ability in compliance
with the rules governing this cost share program and according to the attached Elan of Operation (PO), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimwn life set forth by the Soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) 'shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program,. If the landowner(s)
abandons the implemented plan, and converts the use ofthe cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-mted amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and oaatinuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of o"ership or control. The landowner shall give a
copy of the statement to the District. Failure of the-landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5) Reimburse the Soil and Water Conservation District according to the oast-share option selected in Section
B (2).
B_ T)HE DISTRICT SHALL AGREE TO:
(1) Provide technical assistance for the planning, design, implementation. and certification fur all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 100 percent of the cost of the steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the streaw/creek.
? ?' /•, cd Y.fXJC?,f' (Landowwr) Date f_(/2 14r C?
(Signature- ?- T
HRWC
Date
(Sign e)
District Chair
Date
(Signature)
NRCS
44? 0'. ?', Date
i afore}
s. .1: .
f
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 Mi
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH TIM NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
X71 COPIES MUST BE SENT TO THE NC DIVISION OF WATER
OUALITY, ATTN:,TORN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MltokgrO k1EsT
2. MAILING ADDRESS: 3J9 W 'CO4.D
SUBDIVISION NAME
CITY: WR2Ag STATE: A6FfH L;44{2pL/4/A ZIP CODE: 28,90.4
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILINGADDRESSABOVE)- Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) f s28) 3B9- &693 (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER
Mr, "Taen-nWhPaY1Py, i1S11A-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay _ NEAREST TOWN: Warne
See Attached Vicinity Map
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: Brasstown Creek
RIVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER .
SUPPLY (WS-I OR WS-II)? YES ( ) NO, ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? ` YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES-(x) NO( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Asti on TD 2000-30818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDMTRE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFMVED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. 'WETLAND DELINEATION MAP SHOWING AI:I: WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. • MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
` SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING:. N/A EXCAVATION: N/A
FLOODING: N/A OTHER: N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4 , 500 FT AFTER: 4 , 500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
OTHER: -Streaie Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
N/A
WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTTON OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-.riparian corridors In conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
* A. 1 i.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
OwIV l71G NT ,S $7GNRT?? UA'j r•
(AroENT'S SIGNATURX VALID ONLY
TP AUTHORI%A'PTON LETTXR IItOM
TIM ONNER is PROW DED 11601 j 1
BRASSTOWN CREEK EROSION CONTROL PROJECT
COST SEARE AGREEMENT
This agreement is entered into on this day of _ by and between the
CI C Soil and Water Conservation District and
A:8 A 9 le (Landowner) of
(Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up tobut not beyond, the first Wednesday in June
A. THE'LANDOWNER(S) S14ALL AGREE TO:
(l } lmplement the streambank repairMParian restoration plan(s) to the best of his/her ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the Clay Comity Soil and Water Conservation
District.
(2) Maintain and continue the cost shared sweambank repair/riparian restoration plan(s)on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain properly ai• continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and cmverts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost. share payment(s) as set forth in the tules governing this program.
(3) Permit,access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repairkiparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this progaxn.
(5) Reimburse the Soil and Water Conservation District according to the cost share option selected in Section
B (2).
B. TIE DISTRICT SMALL AGREE TO:
(1) Provide technical assistance for the planning, design. implementation and certification for all streambank
repairMparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(Z) Supervise payment for 100 percent of the cast of the steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the stream/creek.
T`
(Landowner) Date If
(Signature)
HRWC
i
Date 4
( gg n
n
.District Chair
Date
(Signature)
NRCS
Date
(Signature)
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27?i3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE .
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
M COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: PDNALLI Y?"T"•.
2. MAILING ADDRESS: A44 Wi5k-r' G VM L D 4 P..DA'D
SUBDIVISION NAME
CITY: 1rtlA? STATE: NOP474 WD L1 A/A ZIP CODE: 29A09
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) I s28) 3M- 037 (o (WORK) (828) 389 - -837
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER:
Mr' Ta cnn Whpaf l PY, 110,DA-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: .Clay _ NEAREST TOWN: Warne
See Attached Vicinity Map
?!
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. DvIPACTED OR NEAREST STREAM/RIVER: _Brasstown Creek
RIVER BASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ' ( x) NO ( ) IF-YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Art-ion 1T)_ 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: _N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERTVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDMJTRE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED .
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
. . . ,' ' #
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER ; N/A .
DRAINAGE :
N/A
TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER; 4.500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION. PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING:
OTHER. •Stream`:Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO, THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTTON OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated,.riparian corridors to conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (N THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WIIH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
/.. ..o
pwN /AG T'3 S7C'SNAT A UA3t-
tAGNNT'S STGNATum VALID ONLY
I r AUTHORS %ATTON LETTER MOM
I*yr CNNER IS PROWDED f 3fio.) )
BRASSTO` CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on this day of - a', and between the
04A qg?4te
, Clan County Soil and Water Conservation District and
Iig(t! 1,53 , tt tixY 1 (Landowner) of
-(Landowner) (Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No.
implementation up tobut not beyond, the first Wednesday in dunea'kW
A. THE LANDOWAlES(S) SHALL AGREE TO:
covers the period of
(1) Implement the streambank repair/riparian restoration plan(s) to the best of his/her ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option ([Fart B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended ase for the
life of the agreement; the landowner(s) shall be required to repair or rcimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State ofNorth Carolina a pro-rated
amount ofthe cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District," Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
.(4). Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The landowner shall give a
copy of the statement to the District Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cast share payment(s) as set forth in the rules
governing this progratsi.
(5) Reimburse the Soil and Water Conservation District according to the cast-share option selected in Section
B (2).
B. THE DISTRICT SHALL, AGREE TO:
(1) Provide technical assistance for the planning, design, implementation and certification for all streambank
repair/ripm-ian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 104 percent of the cost of the steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the stream/creek.
C. SPECIAL PROVISIONS FOR RONALD 1NRST:
(1) The Soil and Water Conservation District will not prohibit rdr. West from using a designated stream
crossing to access his property.
(Landowner) Date w
(Signature) '
HRWC f
(Signature)
District Cha
Date t -3
(Signature)
NRCS
7C - Date .. L. r
(Signature) ??
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /?3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(R COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MAX PAYI
2. MAILING ADDRESS: I D5 9o . OLD 9I4Pf WAY L4 G 4F_'-, --
SUBDIVISION NAME
CITY: f9 SST'D wAi STATE-WIZA &P-o b AA zrp CODE: 2 0,o 2
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER:(HOME)(820)9;37.2272 (WORK) eVO3 937- 2.27Z
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr7 Taenn WhPar1P3z! 1JSnA-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay _ NEAREST TOWN: Warne
See Attached Vicinity Map
r
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST S R: _ Br a s s t own Creek
RIVERBASIN. Hiwassee River'
7a IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( X )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x) NO( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF401
CERTIFICATION): Action T.n _ 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a ESTIMATED TOTAL NUMBERS OF ACRES INTRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
TT./A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( g ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL .
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. 'WETLAND DELINEATION MAP SHOWING AU WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26,29,
AND 38). ALL STREAM MgTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. • MAP SCALES SHOULD BE I INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A
FLOODING: N/A
DRAINAGE :
N/A
EXCAVATION: N/A
OTHER: N/A
TOTAL ACRES TO BE IIvIPACTED: N/A
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (1F
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4,500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER; 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION. X COONSTRUCTION OF A DAM/FLOODING:
OTHER. Stream°Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-.riparian corridors In conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
N/A
N/A
WHAT IS THE EXPECTED
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
• ? vwnr s?n? T•s srrmnT ?:?? ?...?"A:> D..
(AGENT'S SIGNATURE VALID ONLY
T P AUTHORS !ATTON LETTER MOM
Tyr- OWNER is PROVIDED (160,
BRASSTOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on this 1 I day of f, 2LO by and between the
Chyy County S-0 and Water Conservation District and
l (Landowner) of
. (Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covens the period of
implementation up to but not beyond, the first Wednesday in June
A. TIM LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhis/ber ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begun implementation until approval is given by the CIay County Soil and Water Conservation
District_
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cast share option (Part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State ofNorth Carolina a pro-rated
amount of the cost shake payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or fails to maintain the plat
properly, the landowner(s) will be required to repay to the State of North Carolina a prorated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the, landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(S) Reimburse the Soil and Water Conservation District according to the cost-share option selected in Section
B (2).
B. THE DISTRICT SHALL AGREE TO:
(1) Provide technical assistance for the planning, design. implementations, and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 80 percent oftho cost of the steamb=k/ riparian restoration in exchange for a 10-
year 3=intenance agreement on a 15-foot wide riparian buffer along the sft=Wcreek.
Date /? p C}
HRWC
out _ .tj`-- / -2. - o ?
(s??)
Distil r
Dam
(Signature)
NRCB
DWQ ID:
CORPS ACTION ID: :
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
2711.3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. 'PLEASE PRINT OR TYPE.
1. OWNER'S NAME: VIVIAIU SAANVO Mc 4s£5
2. MAILING ADDRESS: -125 w w rX I M
SUBDIVISION NAME
CITY: LAWM ut0- UiLLF STATE: G&EPRG iA ZIl' CODE: 3°O43
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILINGADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3.- TELEPHONE NUMBER: (HOME) ('70 962 - 9'G 9y (WORK) 1'7dG7 96,2 - BOG ?y
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER:
Mr' Tacnn WhPatlpy, IISnA-NRCS- Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay _ NEAREST TOWN: Warne
See Attached Vicinity Map
i
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT )
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
c I .- ,
6. IMPACTED OR NEAREST STREAMMVER: Brasstown Creek
RIVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF BNVIROMENTAL CONCERN (AEC)? YES ( ) NO (X )
7c. IF THE PROJECT IS LOCATED WITHIN.A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D..NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401 "
CERTIFICATION): Arti on TD. 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE ;
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO •(X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING AI WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM MiTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b.. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4.500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
OTHER: Stream°. Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO. THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISGTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS. ONLY).
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed, using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-.riparian corridors In conjunction
with implementing natural channel design to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVI'T'Y MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
. CERTIFICATION, AND
3) (Ili THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
wN s/ T• s srcri?T-
(AGENT'S /..7Z?'e >
u? 3 r•
STGNATuRx VALID ONLY
Yr AUTHORI XATTON LETTXR MOM
TIM OWNER IS PROVIDED UZU.) )
YVY LV V•V &WV V'4J4/ 444 ?VYa ?YUwrv au ? ?rl- •v ur., ...w ..v. - - V- ..
$RASSTO CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
'Mis agreement is entered innto on this 19 day af "
i / ;? __J M by and between the
Clay County Soil and Water Coase:tvation District acrd "?
?-(Land ter) of
--?' s ter.. C. (landowner) of
bereinaner called "landowner(s). This agreement for Contract No covers the period of
implementation up tobut not Wood. the Srst Wednesday in June
A. THE LAND" OWNER(S) SHALL AGREE 'i'O:
(1) implement the streaambank repaWtipariap restoration plan(s) to the hest ofb!Aer ability in compliance
with the rules governi og this cost share program and aww4iug to the attabed dart of Operation (PO). and
will not begirt implementation until approval is given by the Clay County Soil and Water Conservativtt
District.
(2) Maintain. and ou ntinue the cast shared mftnnbank rapairftarian restoration pian(a) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Psn H (2)). 3f the
landowrttr(s) thus to ww nt un properly or eontitsue rite +eaat shared practices fir their intended use for the
life of the agreement, the la et(s) shall be required to repair or reimpiemea the PO within 30 days (up
to one calendar you for Metative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payamt as Set forth in dw.rules g9voming Ws program. U the iaudOwner(s)
abandons the unplemented }plan. and taanverts the use ofthe cost shared pia* or fails to maintain the plant
VvVe rly, the Uvdownneds) w111 ba required to ropy to tlta State of North Carolina a pro-ratsd alt mu t of
else cast share Daymen*) as set forth in ft mks governing this prograw.
(3) Peeasit ataaess by Soil and 111fatet Cntserrratift Diet, Divisi ow and Cotruttissiem representatives at
remonabl8 braes to provide technical ssista=and to inspect the rtpera m •plu daring and a&sx
mpttstseam m fOr pmPer outailaabon, mainteuatece ad coatiuttst4a
(4) Requite mw .paser4s) to whose the bamAted acres are tr red by sale; lease or other me=5. to sigrt• a
stA meat tpm2iRUdA=do9Wmurt*o09 shwedsW ank•repaidtlpariaRrestwationfor*ertmaltlirtg
life of tNs agiC it as a •t cmWition of the $31tS Or t 041?tOFSltip Ar oontroF. Tbo landoWw Sd aH give a
?}r of tlse statetaatt to ttse UisCia. Fttilt+rc •cd'•?e ??s) to secure suc#? arc sgrseatettt will iegtsire
So 3artdo erEa}ttrrepay tiSC.Srate a prv?rated amawt oftttavast shares) asset fnrtit i o the tea
Sovemias the prvgam.
•{b) -lure #4 Soil -and Water Conservation Dutrict aoowding tv tht; cast-zhve option sciteted in Set ion
a(zx
a THE DISTMtfCT SHALL AGREE TO:
(1). ProvWc iodoxicar! assistance for the pianntin& dWga. igrptenmw%#i9n, arts renifrCarion for all suea trbank
*epaithipi'im restoration (cost shared and trots-cost shared) contained in the attached plan of operation.
-4 '{.V VV aJrV W'-VV •aM a-- r---aa' carat ai •r rr? .rr rrr. ava Sara ?v?v r. r
(Z3 Supwvim poymcm foe .m retreat of om wo
pa?rian tesROr?ticm in eiccharrge for sri[1=
Yew rrtairdmmcr aveft tart an a Xf -foot wi* riparian bteer "S She strmwcrto*.
.0-vidowneo Doc -1 132. Ch
cs?)
HRWC
Moil Chair
Dare
gnature)
NRCS
Dates
($ip?,acw ea
s'
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /?3
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTTFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED. FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
M COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Many SUE- MR&AAlp
2. MAILING ADDRESS: QUM L.D& P-PAO
SUBDIVISION NAME
CITY: YpyNG AkaP !S STATE: 4F-094'1A ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAR.INGADDRESS ABOVE): Warne, North Carolina, along Brasstown Creek
3. TELEPHONE NUMBER (HOME) 160 379- 348 5 . (WORD k7&--) 379 - 34 SS
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER
Mr' Tasnn Whpahley. TTST)A-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay - NEAREST TOWN: Warne
See Attached Vicinity Map
r
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: -Brasstown Creek
RIVERBASIN: Hiwassee River'.
7a. IS PROJECT LOCATED NEAR. WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
,HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ' (x) NO( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Action T.fl_ 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
T
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL WJUNE FISHERIES SERVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL. HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED.
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b is YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LADS, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4 , 500 FT AFB: 4 , 500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankful'1)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: % COONSTRUCTION OF A DAM/FLOODING:
OTHER. -Streair .Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 8112 BY 11 DRAWINGS ONLY) Installation of rootwads and rock vanes and repair of erodins streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-..riparian corridors, In conjunction
with implementine natural channel desien to stablize and protect the streambanks
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND RaACTS)
N/A
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE RVIPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
-C7 ,1nG NT` 7Cry D
S S UAIt•
JAGENT'S SIGNATURE VALID ONLY
Ir AUTHORI%ATT(M LL•'TTXR MOM
111. OWNER 13 i RGVTRLD f 34its.1 }
BRA.SSTOWN CREEK EROSION CONTROL PROJECT
COST SHAD AGREEMENT
4,
This agreement is entered into on this - 24C T?day of ?) w!'' z0miby and between the
Clay Coup S-61 and Water Conservation District and
we - da r,n A rd (Landowner) of
(Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up to but not beyond, the'frst Wednesday in June
A. THE LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhiAer ability in compliance
with the rules governing this cost share program and according to the attached Plan ofOperation (PO), and
Will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District
(2) Maintain and continue the cost shared strearnbank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain, properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimple ment the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount ofthe cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a prorated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District; Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s). to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfix of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the ,landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5), Reimburse the Soil and Water Conservation District according to the cost share option selected in Section
$ {2).
$. THE DISTRICT SHALL AGREE TO:
0) Provide technical assistance for the planning, design, implementation and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 100 percent of the cost ofthe steambank/ riparian restoration. bi exchange for a t0-
year maintenance agreement on a 50-foot wide riparian bu&r along the stream/creek.
mwC
' ?gn Date ? / ?? ? ?
District Ch
(Sign e)
•NRCS
Date 3-2 <D no
I E2 (Signature1 .
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200030818
County Jackson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Max Payne
Address: 10580 Old Highway 64 West p
Brasstown, North Carolina 28902
Telephone No.: (828)837-2272
Size and Location of project (water body, road name/number, town, etc.): Brasstown Creek flowing through
an approximate 128 acre tract located off of Old Highway 64 West in Warne, North
/
Carolina.
Description of Activity: to stabilize approximately 60 linear feet of eroding bank on Brasstown
Creek. Stabilization techniques are to include the installation of three rock veins and the
placement of anchored root wads.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
13 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 and your submitted plans, and those conditions outlined in the attached
May 4, 2000 NC Wildlife Resources Commission letter.
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 permittee to a stop work order, a restoration order, and/or
appropriate legal action.
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 beginning work.
If there are any questions-regarding this authorization'or any of the conditions of the General Permit or Nationwide?dnhit,
please contact the Corps Regulatory Official specified below.
Date 5/16/00
Corps Regulatory Official David Baker Telephone No. (828) 271-4856
Expiration Date of Verification 2/11/2003, 1
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form $91
Revised July 1995
,l?mmon Bottom Horselot Cove
1s 5r; ,ty Cove _ Canup Ridge Bristol Ridge Tug
?J1 J r
Fires Creek
141 ?' _ _
s4A MissioD .
Owenby Cove i 1307
Henson Cove Poplar Cove
Coot Cove_
1 - -
64 Logan Cove - ViAnehester Cove
Sahdersonj?pve °
' Holden Cove
64 A -
Brassfown ° -
'Green-Cove 708' F(J?kli smac
?? - v Russell Gap b r a "`
69
J_ V
UtfQ?Le
Creasy Cov
Stump Gap,- PROJECT AREA, /
BRASSTOWN CREEK -??• /.a d6y)sland Jackrat
tai
Buzzard Cove a 34 59 35.36 N -:
Moody Cove
Beach , 83 54 20.76 W
Pinelog Hyatt Cov?,?atn ° Kimball Gape
Kelly Cove Pine Log Village --- ?: Brown Island ;
Moccasin Gap ----- --- ---- - --- -- --- --- ----
Red Banks Cedar Cliff
Main. Mary Gap Ballard Mountain ??
Sheep Nose
66
;tnut k 76 Friend shipr-?,' s
Gumlog Gap Hooper Gap ..Mining Gap
.. Red Gap
Cater Cove
Norton Gap
Frozen Cap Young Harris Sunnyside Sk
;. I` ylog Gap Crow Gap Wilson Cove
Dean Cove.
`76 Carrol Gap
° Flint Gap Darr Cove °
Ross Gap ?_;_Bryant Cove
1s, is
Canal Lake -Ross Ridge Buck Ridge
Plott Cove Buzzard Ridge Cold Hollow
Peaoottan Cove
Grassy Branch
Youngstown ? ,.
Blairsville Locust Log Ridge
Bridge Gap Blue Bluff
\19
Buzzard Roost Ridge
s / 0 J Wolfpen Ridge
Owl Creek Gap
C 20x0 Dc: ,,rmc- ?rccf Atlas GS? . :000 GDT, Inc. 2cl. 04,2000 --
2 0 2 4 Miles N
2 0 2 4 6 8 10 Kilometers
?? acoa?t>NCnoavmf: //? Figure No.
( GERAGHTY&MILLER VICINITY /`"ir
2301 R.--- On- BRASSTOWN CREEK STREAM RESTORATION
Pow Office Be. 31388, Raleigh, NC 21M-1389 CLAY COUNTY NORTH CAROLINA
Tel: 919/7825511 Fax: 910!!825985
I
r I
II
i
fT r
COORDINATES:
34 59 35.36 N
83 54 20.00 W
y V
71 i
A,:_
r_
? r
01 I ; LI
1 ? T mar
: i
USGS 7.5 Minute Series: Blairsville, GA-NC N
Created: 1988
Contour Interval: 10 Feet
SCO 0 =eet
1 _ INCONJUNCTIONWITFI: TOPOGRAPHIC MAP Figure No.
GERAGHTY&MILLER
I { BRASSTOWN CREEK STREAM RESTORATION
2301 Remoods Drive rxmn cuvm.u?
Post Office Box 31388, Ralelgh, NC 27622.1388 - ---
Tel: 919!7825511 Fax: 919!782,5905 CLAY COUNTY, NORTH CAROLINA
Photograph 1. Looking downstream at existing eroded streambank near station 8+00 on Brasstown Creek
Photograph 2. Looking downstream at existing eroded streambank near station 15+00 on Brasstown Creek
Photograph 3. Looking downstream at existing eroded streambank and debris jam at bend in stream near
station 22+00 on Brasstown Creek
Photograph 4. Looking downstream at existing center bar near station 23+00 on Brasstown Creek
Photograph 6. Looking downstream at existing eroded streambank near station 37+00 on Brasstown Creek
Photograph 5. Looking downstream at existing center bar near station 33+00 on Brasstown Creek
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DWQ ID: CORPS ACTION ID: k
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: 9S, GAMY-5-rr,
,
2. MAILING ADDRESS: P. D, FOX. -W4,
SUBDIVISION NAME
CITY. 40%t CdU27 STATE: Sao-14 64,4 tvA ZIP CODE: 2.04 $
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAMINGADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER: (HOME) t b4)i3?1o-22(,?? (WORD ?83?4) 87? - 22(02
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER:
Mr' Tggnn GThParlay, IJST)A-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay NEAREST TOWN. Warne
See Attached Vicinity Map
7
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS,'ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED ORNEA.RESTSTREAMMVER:-Br_asstown Creek
RIVERBASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YEAS ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY, (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE.ON THIS
PROJECT? YES' (x) NO'( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Asti on T' D- 200010818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
EXCAVATION: N/A
FLOODING: N/A OTHER: N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION.
LENGTH BEFORE: 4,500 FT AFTER: 4,500 FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: - 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING:
OTHER: -Stream' Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair existing severly eroded streambanks
and to reestablish permanent vegetated-.riparian corridors, In conjunction
with implementing natural channel design to stablize and protect the streambanks
an enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MIlNIMME WETLAND IMPACTS)
N/A
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERTVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF.AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALI: WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENTS ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND ,
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
pwnt sIAG r S SJGNAT t???"" ?aj•t:
4AGENT' S IXGNATuRx VALID ONLY
%V AUTHORI XATT(M LETTER MOM
fw- ONNER Is PROVIDED- f 354.) j
BRASS'TOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on. this , day of WAY and ba VMM the
GYay City Soil WdWater Conserve un District and
1,03K 4 Naomi a rrej?- gandoww)of 19 ef IIA!,?
berainafta called "landowner(s)". This agreement for Contract Na -- - -, _ covers the period of
implementation up tobut not beyond, the first Wednesday in Juno ?;
A, THE LAI-=WN'6R(S) SAW, ACME To :
(l) Implvolont the streambalftk repairmparlan restoration plan(s) to the best of his, her ability its compliance
with tha rules governing this tort shire Program and aoaordiug to the attached Plan of Opamtioes (PO), and
will not be& implementation until approval is given by the Cheroket County Soil and Water Conservation
hi9trict.
(2) Maintain and continue the cost shared strew ibamte repairMparian restoration plan(s) on the uttadwd PO for
the miRiiTnum lift set forth by the Soil aad Water Coxt.wvadon District cost sham option (Part B (2)). If the
tantEau+r?cr(s),fnils ta.maintain;pr4tper3v or raoattinue the post alaarpd.p>r+tGtices. t'or their Jvteflde d uo'br the
line of the sgre.eme nt,.the *iidgwn") shall be requir4t6 rkpr?ix.iar re mpleateutt the Po within 3tt drys:(up
to otto calendar year for vegetative practim) or be required to repay the State of North Carolina a prorated
amount of the coat share paytttent as ad forth in the rules governing this program. (f the landowner(s)
abandons the iil ple mented gEon, and converts the use of the oost shared plait or fails to maintain the plan
properly, the lattdowtmet(s) will he rtgWttsd to repay to tho Statte of N*rtlx Carolina a pro-rated aatount of
the cwt share payment(s) as set forth in the rules governing this program,
(3) Pe unit Access by Soil and heater Conservation District, Divisiax and Commission rvresenta&es at
z+easotta?ble tituen to provide whxi*9 stg4st=ae acid to inspect the opmi tion plan during and after
implememmion for proper installation, maintenance and contiattatiort.
(q) Regaire any person(s) to whom the benefi?tdpcres are transfa Ted by saK lase or other moans to sign a
stateanont.-to maintain end Watirnue the coat.ifiwed strambavk r"Wripariau restoration. for tb m making
Bale of this agrea ment as it condition of the trkA het of ownerahip or control. The lmdowma shall give a .
copy of the stateme w to the DEStri4t. Failure afthe: landowner(s) to a fture such an agreement will require
the Iartdnwaear(s) to repay the State a pro-rated account of the exist share payment(s) as set Acrth in the rules
governing this program.
(S) Ralmlurao the Soil an4 Wodtr Conservation District according to the cost-•share option seleered in Section
B (2),
B. TH9DISTRICI'SHALL. AGAAB.T01
(1) 1'rovt0 ttcbtiioai assista+te for the platsnia t design. implementation acid 6cidCAti ott for all streatnbasrtk
f.
're*r/5riparian!estaratica,(cost.sh=*d and naa-cgse shared) cantsineod.itt,fb? .aft led plan ofoperaeibo- .
l 'Cl 0 69:i V04 G.d 3"1"1 UtS3AVH WO?JA 1NVZE 0 G 0@z-8?'-q
(2) SuperMC payment far the Cott Of the dreanbank repairfriparian restm?iou according to opticn:
a100 percent of cost for a 90-year maintenanx agreement on a 50 feet wide ripariaa buffer alpng the
streattVcM*- (Ifthi's option is seketed, the landowner pays 0 percent of the project cost.)
(b) 90 percent of cast for a 1 S-year maintenance agreement on a 25-fact wide riparian buffer along the
st mn/creek. (If this option is selected, the landowner pays 10 pe mt of the project cost.)
(e) SO percent of coat for a 10-year maintenance agreca mt on a 15-6vt wide nipwi*n buffirr olong the
*cmWs=eek. (If this opuvn is seiemd. the landowner pays 20 parent of the pmjom cost.)
Date -Q' 3- d a
AJljt?
• riot Chat
YSW
fie)
MRCS
(Signattua)
?'d Z9W 588. VeL O=! 3?'1InS3?,bH.WQa W?*Ciw°6 O5e-8i;-9
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MA917A/ MA' 'TrIx `
2. MAILING ADDRESS: 5591 OLD i .GUEST'
SUBDIVISION NAME
CITY: WULF, STATE:. k;del I640bLtn/A ZIP CODE: Z.S9D.9
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONENUMBER:(HOME) ?825?3?9?Si?U (WoRK) f?Zs?3s? ????
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER:
-Mr' .Tacnn GTheatl ?ITSnA-NR Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay
- NEAREST TOWN:
Warne
See Attached Vicinity Map
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAMIRIVER:
RIVERBASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT; TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( X )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): _ Action Tn _ 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN, THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES INTRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
l
DWQ ID: CORPS ACTION M:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(M COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MA2?1N MA• Ir/..k
2. MAILING ADDRESS: 5591 GLD t A. WEST
SUBDIVISION NAME
CITY: l?b412 STATE:.. kdelW 642DG1N4 ZIP CODE: ZVOf
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHoNENUMBER:(HOME) (0210389-Sine (WORK) E02- Y)3sf W&IP
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr' Tacnn L.lhpatl v, tTSnA-MRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY. Clay _ NEAREST TOWN.
Warne
See Attached Vicinity Map
g . A6
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAMIRIVER: -Brass town Creek
RIVER BASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVMOMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEEPAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): Art-inn TD- 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS !PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES INTRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?'
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM.
-okw!Nc?rva?ovs AT
UH'1'r
(AGPOT'S STGNATURK VALID' ONLY
I r AUTHORI %ATTRN LETTER MOM
11W. ONNER x.S PtOWDED I3?its.'t
BRASSTOWN CREED EROSION CONTROL PROJECT
COST SHARE AGREEMENT
..?. per,
This agreement is entered into on this ? ? clay af_> w e x by and between the
Clay County Soil and Water Conservation District and
1, /fl,5r // ' (Landowner} of
(Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up to but not beyond, the Srst Wednesday in June
A. THE LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhis/her ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begirt Implementation until approval is given by the Clay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part B (2)). if the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimplonent the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implementod plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth is the rules governing this progckn.
(3) Permit access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and liter
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or coXotrol. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5) Reimburse the Soil and Water Conservation District according to the cost-stare option selected in Section
B (2).
8- TEE DISTRICT SHALL AGREE (1) Provide technical assistance for the planning, design, implementation, and ces tifiication for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 100 percent ofthe cost of the steambaDk/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the stream/creek-.
amdo Amer) Date _ c- ?-629
(Signature)
nR.WC
t
_Dat
{S?gnature) --
Marict Chair
Date .
(Signature)
MRCS
Date
(Signature)
f'
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27/13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
('n COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD.
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: LA29-Y LE0IjPW . `
2. MAILING ADDRESS: LAD I&IFA3' LWA&LD4 k0k)
SUBDIVISION NAME
CITY: WM&9 STATE: NA21W 1,49# LJNA Z.IP CODE: Z 9,J0?
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER: (HOME) (026) 3$!- 9.348 (WORK) ?$2$? 3$9•.9 48
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr' .Tacnn Whpafilpy, IISnA-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay -NEAREST TOWN: Warne
See Attached Vicinity Map
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: _Bra qwn Creek
RIVER BASIN: Hiwassee River'
i
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN.
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
7c. IF THE PROJECT IS LOCATED WITHIN' A COASTAL COUNTY '(SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Action TD- 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED, WORK:
• I •
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
N-/A
17. DOES THE PROJECT INVOLVE AN T EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( •) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
' DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b is YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL: WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM MgTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. •MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT. .
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A
FLOODING: N/A
DRAINAGE : N/A
i
EXCAVATION: N/A
OTHER : N' /A
TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4,500 FT AFTER: 4 , 500 FT
WIDTH BEFORE (based on normal high water contours): 76 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) I (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING:
OTHER: Stream`.Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE S?EZE OF THE WATERSHED
DRAINING TO THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREA? _
!? 1
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSIONIOF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAN)nNGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small'mechanized agricultural
equipment (small tractor).
13. PURPOSE OF PROPOSED WORK To repair existing sev
and to reestablish permanent vegetated-..riparian c,
with implementing natural channel design to stablii
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINMMII
N/A
eroded streambanks
idors. In conjunction
e.and protect the streambanks
MUST BE CARRIED OUT IN
WETLAND IMPACTS)
N/A ,
? 1 . • r
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
?-v 671v ?s I a ?Gv s ?-sl c N A &
UH 1 r•
{AGENT'S SX(MATURE VALID ONLY
IF AUTHORI JA9 TON LETTER MOM
THP ONNER IS PRO WDED I } Fi#s, } }
a
BRASSTOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT ,
This agreement is entered into on this *?- I day of ? - by and between the
Clay Coup , Soil and Water„ Conservation District and
. -'A r 0 ie- 4 4 dy2t- d (downer) of
(Landowner) of
hereinafter called"Iandownw(sr. This agreement for Contract No. covers the period of
implementation up to but not beyond, the first We&esfty in June
A. THE LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofbisther ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambsnk repair/riparian restoration plan(s) an the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agree neat, the Iandowner(s) shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cast shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access. by Soil and Water Conservation District, Division and Commission representatives at
reasonable tunes to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and oootinuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The lndowmer shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agroement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5) Reimburse the Soil and Water Conservation District according to the cost-share option selected in Section
B (2).
B_ THE DISTRICT SHALL. AGREE TO:
(1) Provide technical assistance for the planning, design, implementation, and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attaclW plan of operation.
(2) Supetvise payment for 100 percent of the cast of the steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a SO-foot wide riparian buffer along the Weam/creek.
eejj?ze _(Landoucmer) Date 412
(Signature) ,
. HRWC
Date
(Signs e)
Di5firict Chair
NRCS
-.,4
se
f Y °/
i
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /Es
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL.AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
X71 COPIES MUST BE SENT TO TBE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: M I L DR,cO W EST
2. MAILING ADDRESS: 319 W ?D?D
SUBDIVISION NAME
CITY: Wks STATE:JW-1H 644yl-14/A ZIP CODE: 26.90,
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) f V9) 3&9- Gt 93 (WORK) { ¢? 3 9- GG93
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr , Ta enn M Pa fil Pg, U.I;DA-NRrl; * Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay _ NEAREST TOWN- Warne
See Attached Vicinity Map
T
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
i
6. IMPACTED OR NEAREST STREAM/RIVER:_Arasstown Creek
- i
RIVER BASIN: Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO. ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES( -) NO (X )
i
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
I
"! - .?
I
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ' (x) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): _ Ac ti can TD. 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK.
i
•
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. -ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
I
I .
I
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(mpo) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
N/A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENT'ATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. 'WETLAND DELINEATION MAP SHOWING AU WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM ONTERW17ENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
` SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FII-LING: N/A EXCAVATION: N/Ai
FLOODING: N/A OTHER: N/AI
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
i
10b. (1) STREAM CHANNEL TO BE IMPACTED BY TEE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
'
LENGTH BEFORE: 4.500 FT Ate: 4,500
WIDTH BEFORE (based on normal high water contours): 70
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: - 3.5
FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
I
OTHER• -Stream' Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCT IP TION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAVn'GS.ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OF PROPOSED WORK: To repair existing seve
and to reestablish permanent vegetated-.riparian cc
with implementing natural channel desisn to stabliz
ly eroded streambanks
ors. In conjunction
tect the streambanks
and
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO M: MGM WETLAND IMPACTS)
N/A
i
E IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NSA
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
pwlV S/RG T'S slew T Z UNlr•
(AGYNT'S SIGNATum VALID ONLY
TP AUTHOR] JATTON LETTER MOM
11W ONNER is PROVIDED flfpo')?
SRASSTOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on this day of _ by and between the
Clan Cowtity Soil and Water Conservation District and
ig ge'd 46 g7- (Landowner) of
(Landowner) of
hereinafter called "landowner(s.) ,. This agreement for Contract No. covers the period of
implementation up to but not beyond, the first Wednesday in June
A. "THE'L.A,NDOWNER(S) SHALL AGREE TO:
{ l } Implement the streambank repair/riparian restoration plan(s) to the best of his/her ability in compliance
with the rules governing this cost share program and according to the attached plan of Operation (pq), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s)oft the attarbed FO for
the minimum life set forth by the soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimpiement the PO within 30 days (up
to one Calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rates governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or faits to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit.$ccess by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, Inaintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition ofthe transfer of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a prorated amount of the cost share payment(s) as set forth in the rules
governing this program,
(5) Reimburse the Soil and Water Conservation District according to the cost share option selected in Section
B (2)•
B. TIE DISTRICT SHALL AGREE TO:
(1) Provide technical assistance for the planning, design. implementation and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment fcr 100 percent of the cost oaf thO steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer Wong the stream/crmk.
_M.,(Landowner) Date
(Signature)
FMWC
Date 4
Wvn D
istrict Chair
Date
(Signature)
r
MRCS
Date
(Signature)
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: 9DNAt11 w t-r '
2. MAILING ADDRESS: 444 u1.15;-r- G um z. 0 4 - P. arD
SUBDIVISION NAME
CITY: 1 441yr STATE: NOR-IN CAAon LI r A ZIP CODE: 2W-9
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) 1520 3M. e3? (o (WORK) (828) 389 - 8371,
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr= Tacnn Wheatley_ SnA-NRCS. Glav Countv
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay
NEAREST TOWN: Warne
See Attached Vicinity Map
i
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown creek
I
j
6. IMPACTED OR NEAREST STREAM/RIVER: Brasstown Creek
RIVERBASIN: Hiwassee River*
I
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, T AL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO ( x ) IF YES, EXPLAIN:
i
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( x) NO ( ) IF.YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF401
CERTIFICATION): Action TD. 200010818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK:
I
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERTVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
N /A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES () NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO .
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM MgTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. • MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
WIDTH BEFORE (based on normal high water contours): 70
(Bankf
AVERAGE DEPTH BEFORE: 3.5 Fr AFrER:
(bankfull)
(2) STREAM CHANNEL 5TACTS WILL RESULT FROM: (CHEC
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4,500 FT
FT
3.5
bankfull)
ALL THAT APPLY)
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING:
i
OTHER: Strean.Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIM OF THE WATERSHED
DRAINING TO. THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
equipment (small tractor).
13. PURPOSE OF PROPOSED WORK: To r
existing seve-j?ly eroded streambanks
and to reestablish
tated-.riparian corridors, In conjunction
with implementing natural channel design to stablize
and enhance wildlife habitat.
14. STATE REASONS WHY rr IS BELIEVED THAT THIS ACTIVITY M
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIlV=
N/A
and Drotect the streambanks
BE CARRIED OUT IN
.AND IMPACTS)
L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF, THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
. PwN ?G^ f? NT' S 7 CN11Tt?IFf:?? f .. ?•L? ,?. .
S UHIr
{AGr;Nl"S =GNATURK VALID ONLY
TV AUTHOR12ATTON LETTER MOM
TIM ONNER IS PROVIDED E35t+.'1i
BRASSTO CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
This agreement is entered into on thisC90 day of _ &W(by and between the
Cl C Soil and Water onservation District and
(Landowner) of
(Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up to but not beyond, the first Wednesday in dunea
A. TBELANDOWNER(S) SHALL AGREE TO:.
(1) Implement the streambank repair/riparian restoration plan(s) to the best of his/her ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District
(2) Maintain and continue the cost snared streambaolC repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cast share option (Part B (2)). Iftbe
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the laudovmerr(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District; Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation far proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continua the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The landowner shall give a
copy of the statement to the District. failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5) Reimburse the Soil aRd Water Conservation District according to the cost-share option selected in Section
B (2).
B. THE DISTRICT SHALL AGREE TO:
(1) Provide technical assistance for the planning, design, implementation, and certification for all streambank
repair/riparian restoration (cost shamed and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 100 percwt of the cost of the steambank/ riparian restoration in exchange for a 30-
year maintenance agreement on a 50-foot wide riparian buffer along the stream/creek.
C. SPECIAL PROVISIONS FOR RONALD WEST:
(1) The Soil and Water Conservation District will not prohibit Mr. West from using a designated stream
dressing to access his propezV.
wner) Date `
(Signature)
HRWC
Date z-eaz, <J
(Signature)
District Ch '
DateG
(Signature)
NRCSJ
?? ?- Date
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: MAX PAYKS
2. MAILINGADDRESS: 1 D$5o , oLD 914i4WAY L. GGf-'r
SUBDIVISION NAME
CITY: _ Bf4 SS1-UlyA1 STATE:_AfG1M G4P.ALl A,44 ZIP CODE: Z g
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAU-ING ADDRESS ABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER (HOME) (S 20) &17.227' (WORK) 837.2272.
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr" Tacnn WhParlPy, iTST)A-NRCS, Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone:. (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay - NEAREST TOWN: Warne
See Attached Vicinity Map
V
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
6. IMPACTED OR NEAREST STREAM/RIVER: _Brasstown Creel
RIVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATT
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLA
)-AL SALTWATER, (SA),
(ORW), WATER
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF BNVIROMENTAL CONCERN (AEC)? YES (I ) NO (X )
I
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A I .
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES '(x) NO( ) IF YES, PROVIDE ACTION I.D. NU?vIBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF.401
CERTIFICATION): An t-i on TT)- 200030818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED WORK
i
I
i'
i
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
j
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
i
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT iNvout AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( g ) NO ( ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL .
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( -) NO (g )
b. IF YES, HAS THE DOCUMENT BEEN REFMWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (x )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
AC.T VITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALI<WETLANDS, STREAMS, LADS, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE INTACTED: N/A
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/23Y 11 DRAWINGS.ONLY).
Installation of rootwads and rock vanes and repair of eroding streambanks
I
i
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4,500 FT
WIDTH BEFORE (based on normal high water contours): 70 1 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 1 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: - PLACEMENT OF PIPE IN CHANNEL:
-i
CHANNEL EXCAVATION: X COONSTRUCTION OF A DAMIFLOODING:
OTHER. Streat? Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE, OF THE WATERSHED
DRAINING TO. THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREAS N/A
i
using trackhoe, track loader, and dump truck. Permanent vegetation to be
installed using hand labor and appropriate small mechanized agricultural
I
equipment (small tractor).
13. PURPOSE OFPROPOSED WORK: To repair exist
and to reestablish permanent veeetated•.rin
with implementing natural channel design to stabliz
and enhance wildlife habitat.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY I
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINm=
N/A
eroded streambanks
idors. In coniunction
and protect the streambanks
•ST BE CARRIED OUT IN
ETLAND WACTS)
f. A. 1
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NSA
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: VM ANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
4 ?r-v S ?-sl u?•rr:
?T-
(AGENTIS STGNATum VALID ONLY
I r AUTHORI Y.ATTON LETTER MOM
1w. ONNER IS PROVIDED E3St;.3}
BRASSTOWN CREEK EROSION CONTROL PROJECT
COS'H' SHARE AGREEMENT
This agreement is entered into on this 1 I day of t? 2fp by and between the
ClayCjounty Spill and Water Conservation District and
t / °! y tr „_ (Landowner) of
(Landowner) of
hereinafter called "landowner(s)". This agreement for Contract No. covers the period of
implementation up tobut not beyond, the first Wednesday in June
A. TIC LANDOWNER(S) SHALL AGREE TO,
(1) Impiement the streambank repair/riparian restoration plan(s) to the best ofhis/her ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the CIay County Soil and Water Conservation
District.
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part B (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimplement the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set forth in the rules governing this program. If the landowner(s)
abandons the implemepted plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a prorated amount of
the comt share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District, Division and Commissioo representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease or other means to sign a
statement to maintain and continue the cost shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfer of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a prorated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5) Reimburse the Soil and Water Conservation District aiccording to the cost-share option selected in Section
B (2).
B. THE DISTRICT SHALL AGREE TO:
(1) Provide technical assistance for the planning, desiga, implementation, and certification for all streambank
repair/riparian restoration (cost shared and non-cost shared) contained in the attached plan of operation.
(2) Supervise payment for 80 percent of the cost of the stcambankl riparian restoration in exchange far a 10-
y4ar maintenance Woememt on a 15-foot wide riparian buffer along the stream/creak.
Date
HRWC
Al?
(Signature)
Ustri r
(Signature)
MRCS
Dace ?/ ?/ 2exv
r
DWQ ID: CORPS ACTION ID:
i
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /13
.PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED. FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
M COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: WAY Sy/ 13.9R1VW%
.2. MAILING ADDRESS: 4W LD& PWO
SUBDIVISION NAME
CITY: YVIlIV a W-40 f5 STATE: 4EPR4 JA ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAnJNGADDRESSABOVE): Warne, North Carolina along Brasstown Creek
3. TELEPHONE NUMBER. (HOME) (7b&) 319,3485 (woRK) h&w) 379--548S
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr_ Taenn UbL-atlPyr TTST)A-NRCS} Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay - NEAREST TOWN: Warne
See Attached Vicinity Map
;
i
I
R.
i
I -
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECTi.)
i
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
j
i
i
i
6. IMPACTED OR NEAREST STREAM/RIVER: Rrasstown Creek!
RWERBASIN. Hiwassee River'
i
i
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES ( ) NO ( x) IF YES, EXPLAIN:
I
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
NIA
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQL
PROJECT? YES ( x) NO ( ) IF YES, PROVIDE ACTION I.D. N
PERMrr AND ANY ADDITIONAL INFORMATION (INCLUDE PHOT
CERTIFICATION): Art-inn TD. 200090818
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS I
FUTURE? YES ( ) NO ( x) IF YES, DESCRIBE ANTICIPATED
:TY IN THE
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
i
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT STTE:
N/A
FOR USE ON THIS
OF PREVIOUS
OF.401
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X) NO ( ) (IF NO, GO TO 16)
a IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
° DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES (.) NO (X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILI. MATERIAL INTO
WETLANDS:
a. 'WETLAND DELINEATION MAP SHOWING AU ;WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM RnERMITTENT AND PERMANENT) ON THE-PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
a
FILLING: N/A EXCAVATION: N/A
j
FLOODING: N/A OTHER: N/A j
DRAINAGE N/A TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFTER: 4.500
-FT
WIDTH BEFORE (based on normal high water contours): 70 i FT
(Bankftill)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) j(bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
j
OPEN CHANNEL RELOCATION: - PLACEMENT OF PIPE IN CHANNEL:
i
CHANNEL EXCAVATION: X COONSTRUCTTON OF A DAM/FLOODING:
I
OTHER: Stream'. Restoration
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO. THE POND? N/A - WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
j
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS, ONLY)
Installation of rootwads and rock vanes and repair of eroding streambanks
i
using trackhoe, track loader, and dump .truck. Permanent vegetation to be
installed using hand labor and anpronriate small mechanized agricultural .
equipment (small tractor).
13. PURPOSE OF PROPOSED WORK: To repair existing seve
i
and to reestablish permanent vegetated-..riparian cc
with implementing natural channel design to stabliz
ly eroded streambanks
rridors
e and
and enhance wildlife habitat. j
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMI2E WETLAND IMPACTS)
N/A
In conjunction
otect the streambanks
L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NSA
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND .
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
' fvwn ? ll,G T' S $ 7CN11T i?f: ?"? `•. ??„???. .
UH'Tr:
fAGENT'S SIGNATURE VALID ONLY
It AUTHORIPATTON LETTER MOM
TIM OWNER I3 PRaVIVED f3SE;. ?
BR.AASSTOWN CREEK EROSION CONTROL PROJECT
COST SHARE AGREEMENT
4
This agreement is entered into on this. day of } P ao eiby and between the
ClayCouhV Soil and Water Conservation District and
If 8'a r j? rt (Landowner) of
(Landowner) of.
hereinafter called "landowner(sy'. This agreement for Contract No. covers the period of
implementation up to but not beyond, the first Wednesday in June
A. THE LANDOWNER(S) SHALL AGREE TO:
(1) Implement the streambank repair/riparian restoration plan(s) to the best ofhiAer ability in compliance
with the rules governing this cost share program and according to the attached Plan of Operation (PO), and
will not begin implementation until approval is given by the Clay County Soil and Water Conservation
District
(2) Maintain and continue the cost shared streambank repair/riparian restoration plan(s) on the attached PO for
the minimum life set forth by the Soil and Water Conservation District cost share option (Part ."a (2)). If the
landowner(s) fails to maintain properly or continue the cost shared practices for their intended use for the
life of the agreement, the landowner(s) shall be required to repair or reimpie meint the PO within 30 days (up
to one calendar year for vegetative practices) or be required to repay the State of North Carolina a pro-rated
amount of the cost share payment as set fortlx in the rules governing this program. If the landowner(s)
abandons the implemented plan, and converts the use of the cost shared plan or fails to maintain the plan
properly, the landowner(s) will be required to repay to the State of North Carolina a pro-rated amount of
the cost share payment(s) as set forth in the rules governing this program.
(3) Permit access by Soil and Water Conservation District, Division and Commission representatives at
reasonable times to provide technical assistance and to inspect the operation plan during and after
implementation for proper installation, maintenance and continuation.
(4) Require any person(s) to whom the benefited acres are transferred by sale, lease our other means to sign a
statement to maintain and continue the cast shared streambank repair/riparian restoration for the remaining
life of this agreement as a condition of the transfcr of ownership or control. The landowner shall give a
copy of the statement to the District. Failure of the landowner(s) to secure such an agreement will require
the landowner(s) to repay the State a pro-rated amount of the cost share payment(s) as set forth in the rules
governing this program.
(5). Reimburse the Soil and Water Conservation District according to the cost share option selected in Section
B. THE DISTRICT SHALT. AGREE TO:
(1) Provide technical assistance for the planning, design, implementation, and certification for all streambank
repair/riparian restoration (cost shared and non-oast shared) contained in the attached plan of operation.
(2) Supervise payment for 100 percent ofthe cost of the steambank/ riparian restoration In exchange for a jo-
year maintenance agreement on a 50-foot wide riparian buffer aioog the stream/creek.
V'C' Inn" a-2 ru?w4
Date
?Sn
District Ch '
Dace C.?`• J ? "'?'Crr?
(Sign e)
NRCS
G ? Date o 2 <D<00
- .
f
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
27 /13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD.
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: VIViA&J SAAMV0 . AA4 4165
2. MAILING ADDRESS: 125 kippoRaw Mw_
SUBDIVISION NAME
CITY: LAW9BNG,%I!1LLF? STATE: 446PA41A ZIP CODE: 3°O'`F3
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILINGADDRESSABOVE): Warne, North Carolina along Brasstown Creek
3.- TELEPHONE NUMBER: (HOME) C7ib7 9G2 - "?6 9y (WORK) ?7nG7 9b2G?t
4.' IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
.PHONE NUMBER:
Mr' Tacnn WhPatl y. 1JSnA-MCS , Clay County
55 Riverside Circle, Suite 103, Community Services Building
Hayesville, North Carolina 28904 Phone: (828) 389-9695
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Clay - NEAREST TOWN: Warne
See Attached Vicinity Map
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT•)I
Old Highway 64 West near Warne, North Carolina along Brasstown Creek
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6. IMPACTED OR NEAREST STREAM/RIVER: Bra town Creek
RTVERBASIN• Hiwassee River'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN:
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7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVIS ON OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( x )
7c. IF THE PROJECT IS LOCATED WITHINA COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
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8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQL
PROJECT? YES ( x ) NO ( ) IF YES, PROVIDE ACTION I.D. N1
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOT
CERTIFICATION): A r t i on Tn _ 000 0818
FOR USE ON THIS
OF PREVIOUS
OF,401 "
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS I
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED
TY IN THE
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9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:I_ N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
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N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPI SED PROJECT BY:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAYBE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
N/A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) (IF NO, GO TO 16)
a IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( -) NO ( X )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES () NO -(X )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE -
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a 'WETLAND DELINEATION MAP SHOWING ALI; WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14,18, 21, 26, 29,
AND 38). ALL STREAM MTI`ERMIITENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. -MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEM EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Existing Agricultural use consisting mainly of pastureland
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER: N/A
DRAINAGE : N/A TOTAL ACRES TO BE W.4
N/A
10b. (1) STREAM CHANNEL TO BE I TACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 4.500 FT AFAR: 4,500 i FT
WIDTH BEFORE (based on normal high water contours): 70 FT
(Bankfull)
AVERAGE DEPTH BEFORE: 3.5 FT AFTER: 3.5 FT
(bankfull) (bankfull)
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
_ i
OPEN CHANNEL RELOCATION. PLACEMENT OF PIPE IN CHANNEL:
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CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING:
OTHER. Streame.Restoration
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11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
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DRAINING TO, THE POND? N/A
- WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
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12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Installation of rootwads and rock vanes and repair, of eroding streambanks
using trackhoe, track loader, and dump truck. P Imanent vegetation to be
installed, using hand labor and appropriate small mechanized agricultural
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equipment (small tractor).
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13. PURPOSE OF PROPOSED WORK: To repair existing seve
and to reestablish permanent vegetated-.riparian co
with implementing natural channel design to stabliz
and enhance wildlife habitat.
14. STATE REASONS WHY TT IS BELIEVED THAT THIS ACTIVITY r
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MIN]MME
N/A
y eroded streambanks
ids, In conjunction
and protect the streambanks
'ST BE CARRIED OUT IN, ETLAND IMPACTS)
w1 -
t IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY CQASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
$ UA l t•
(AGENT'S STGNRTURK VALID ONLY
%F AUTHOR] ZATTON LETTER F' OM
Y'}tF. ONNER IS I R(NI VED 114W.))
V" LV V•V &.WV V'Yl4J *J 44N +Yas.?v •aY 41- -- .- .... 4v4 -
yv.v .. y
$RASSTOWN CREEK EROSION CONTROL PROJECT
COSH' SHARE AGREEMENT
This agtbentemt is, entered into on this day °fs.j _.? by and Wwecn the
Ciao County $oil and Waxer Conservation Dulrict and
.?? ?? ?6? (Landowster) ?
a ?? 0.Y a G•CE (iartdowtter) of
beftinaffer called " landowner(s)^. -Mis agre meat for Contract No. oovtrs the period of
=pietnontation up tabu[ not beyond. the Srst Wo*w,,day in June
A. THE LANDOWNER(S) SHALL AGREE M
(1) Lnpteaaent the Weambank repaWfipa,riw rest"ioa plan(s) to the best of hislltet ability in cxatrrpliance
With the rules goveMiog this cost share program and accordipl; to the att3whed Plan of Operation (PO). and
will not begin Implaaaentation until approval is given by the Clay County Soil and Wages Consetw•ati4m
District.
(2) Maintain and continue the cwt shared streambank rapairlrilmdan reslorativn plan(s) on the attached PO for
the mbibnum life set forth by the Soil and Water Conservation District cost share option (Part 13 (2)). If the
landowncr(a) fails to maintain properly or continue the cost shared practices liar their intended use for the
life ofthe agmemov, the lsadcwner(s) shat! be required to repair or reimplemerit the PO within 30 days (up
to one calendar year for vegetative pea tices) or be required to repay the State of North Carolina a gated
arr+ottnt of the oast Share.psyMent as Sd forth in the ruin governing Ws program. U the landowner(s)
abandons the unplemented plan, and mavens the use ofthe ow stared plan or fails to maintain the plant
pmefl). the Undownerb) will br.nquin d to repay to tho State ofNa th Carolina it pro-rwed.ammot of
ft oast share paymen*) as see forth in the nib* governing this pr opara.
P) Permit aloes by Soil atnd 11Yater Cctas?nratitsat Diet, Division and C=vma wn representatives at
ress=ble times xo pravide ftftdx al assists xe.arad to itt%= the g3er8tiptt pia* &viag and 4f e r
itStpldrtt atstlon for.pmw installation, ttsa3aknauce ad Qx4ma a.
(4) Rare any pezzen(s) to wbato the beueftted acres we trmsftnW by sale} lease ar athef tY ems, to sign a
stattxttoat to ntaiAtai? at:dctuxtirtua tt cost sltated streambatrkaepairlt arias asStecatien for resttalairtg
life of this agree msvtt as a scarrditioa at the transfer oto?vaefsltig or . The bwkwaamaij gives
Jcepy of tlu sratetaeat to the UistriCt. Fteilt+re •at'•'?te lagEcavVrit?S) 8e secure sttc#? art agreeateta; wi}l require
*a landowner(s) to rapay ft State a pro•aW amount of thev= sltaregay=atKs;) as set forth ixt the tnriea
t3?'a?it 4hys pFC?ast-
•{S) ?ieatalrtrt?se ?t'Soll •tittd Water C.onsawatiott i3sstcii't atsard'ttt$ta the eo3t-3trsrt: option seleeltd itr ?atiiort
& THE DfSTRXT SHALL ACAME TD.
(1) Pr*wWv t=1wkarl assistance for dwpfan Aitrg, design. bapteursntativu, wrtd certif;cetian for all so==bank
tepaith ipsrlan restoration (toast shared and non-cost slsared) cwtained in the attached plan of ape;raxiort.
r•Vy uv vw I-V W.•VV •a JrJ -- ---Ja, aaas Jlw rarrJ aJ arr• _JVJ VaJJ VvJV ?. r
3a
•(Z3 sa9e1'`Fl9e payment fvr ?0 peraertt?f•?e cost oF?•nW ripeer'san rtstaraticm in exchange Sr?r i?d
year als6le taace agret:nrret to a 50-toot wi* riparian bait "S the *+eaawrfcreek.
ts?z
HRWC
Aissrricc Cbtaur
Date
gn2ture),
NRCs
Date
(Sigeatara) - --
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200030818 County Jackson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Max Payne
Address: 10580 Old Highway 64 West
Brasstown, North Carolina 28902 copy
Telephone No.: (828)837-2272
Size and Location of project (water body, road name/number, town, etc.): Brasstown Creek flowing through
an approximate 128 acre tract located off of Old Highway 64 West in Warne, North
Carolina.
Description of Activity: to stabilize approximately 60 linear feet of eroding bank on Brasstown
Creek. Stabilization techniques are to include the installation of three rock veins and the
placement of anchored root wads.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General. Permit Number.
13 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 and your submitted plans, and those conditions outlined in the attached
May 4, 2000 NC Wildlife Resources Commission letter.
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 permittee to a stop work order, a restoration.order, and/or
appropriate legal action.
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 beginning work.
If there are any questions-regarding this authorization; or any of the conditions of the General Permit or Nationwide -Penhit,,
please contact the Corps Regulatory Official specified below. ;
Date 5/16/00
Corps. Regulatory Official David Baker Telephone No. (828) 271-4856
Expiration Date of Verification 2/11/2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form S91
Revised July 1995
- n o 'o mmon Bottom Horselot Cove
is Shanty Cove .. Canun Ridge Bnstol Ridge Tue
64A-----`
141 Fires Creek
Mission . Owenby Cove i
Henson Cove _ Poplar CovX
1 r Coot Cove Y
6a Logan Cove / Winchester Cove
San er cin1:vex
Holden Cove -
J 11 ,? III(%U •
v7ountain 2560'1 P4,t K _ 64
Brasstown. Sm
1 °
Graen Cove _0i, ain 2708' F 8 for
v Russell Gap 64
I ,. s
ti / f ° nob 20t-*' 69
uLC4ice
Stum Ga Creas C
y ov PROJECT AREA
l
BRASSTOWN CREEK Gib%sland Jackrat
-18ti'
Buzzard Cove 34 59 35.36 N errY trig 2
body Cov A
Beach, 83 54 20.76 W
Pinelog Hyatt Cova?n Kimball Gap
m.
Kelly Cove Pine Log Village - ? Browny Island
Moccasin Gap -- ---- \
7 Red Banks Cedar Cliff
itain Mary Gap Ballard Mountain 17
Sheep Nose
66
76 Frierdship'- 76 -
Gumloy Gap Hooper Gap Mining Cap
e
Red Gap
Caler Cove
Norton Gap
Frozen Cap Young Harris Sunnyside Sk
I; Ivying Gap Crow Gap Wilson Cove
Dean Cove.
`76 Carrol Cap'
Flint Gap % Darr Cove
Ross Gap Bryant Cove x
,,
19 76
- Ross Ridge Buck Ridge
Canal Lak6?. _ Cold Hollow
Plott Cove Buzzard Ridge
Peabottom Cove
Grassy Branch C
Youngstown
Blairsville Loc:.st Log Ridge
Bridge Gap Blue Bluff
Y
19
Buzzard Roost Ridge
Wolfpen Ridge
Owl Creek Gap
2000 Dc:,L)rmc_ '(100 U)T. inc. Rel. U4,2000
2 0 2 4 Miles N
2 0 2 4 6 8 10 Kilometers
NCONJUNCIIONPdTN; VICINITY MAP Figure No.
GERAGHTY&MILLER
2301 RexwooQs Drive BRASSTOWN CREEK STREAM RESTORATION
'>J
Post Once Box 31388, Raleigh, NC 27822-139II CLAY COUNTY, NORTH CAROLINA
Tel: 9191/825511 Fox: 91"25005
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COORDINATES:
34 59 35.36 N
f? 83 54 20.00 W
4
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USGS 7.5 Minute Series: Blairsville, GA-NC N
Created: 1988
Contour Interval: 10 Feet
500 0 500 1000 Feet
'"°°"'u"°n°"`"`M TOPOGRAPHIC MAP Figure No.
GERAGHTY&MILLER
uo1 Rexwooas Drive BRASSTOWN CREEK STREAM RESTORATION
Post office Box 71388, Raleigh, NC 27622.1388 - - '- _ - - - _
Tei: 919!7825511 Fax: 91 9/7825 9 85 CLAY COUNTY, NORTH CAROLINA
4
STREAM RESTORATION PLAN
Brasstown Creek
Clay County, North Carolina
ARCADIS Geraghty & Miller of North Carolina, Inc. (ARCADIS Geraghty & Miller) has been retained by
the Hiawassee River Watershed Coalition in conjunction with the USDA Natural Resources Conservation
Service Clay County Office (NRCS) to design and construct stream restoration improvements along a 4,500-
foot stretch of Brasstown Creek near the community of Warne in Clay County, North Carolina. This
impaired stretch of Brasstown Creek is identified on the 303-d List and is a direct tributary to the Hiawassee
River. The intent of this stream restoration project is to repair the existing stream banks and associated
riparian area caused by overgrazing, excessive cattle access, and other historical agricultural practices.
Appropriate permits were applied for and received by Mr. Jason Wheatley of the NRCS during the spring of
2000. The original permits were for a much shorter reach of Brasstown Creek associated with the Max
Payne Property only. The Section 401 Water Quality Certification was originally granted under a
Nationwide Permit 13 (Permit Number 200030818) on May 16, 2000. Separate permit applications for each
landowner along the extended reach of Brasstown Creek within the project limits are included with this
submittal.
In order to further improve upon the goal of minimizing impacts to natural communities, as well as to reduce
construction and maintenance effort and costs, ARCADIS Geraghty & Miller proposes to employ natural
channel design methods in lieu of traditional engineering methods, for the restoration and enhancement of
Brasstown Creek. ARCADIS Geraghty & Miller has numerous staff members with natural channel design
training and experience. Using such training and experience in conjunction with the methodologies
developed by Dave Rosgen of Wildland Hydrology, the current design was developed to provide a stable
channel design while also enhancing aquatic and wildlife habitat. The current design proposes to repair and
stabilize the existing eroding stream banks in-place and reestablish and protect a permanently vegetated
riparian buffer. Appropriate geometry will be ensured throughout construction to maintain the reach as a
"C" stream type. Eroded, unstable stream banks will be sloped back and stabilized through temporary
seeding and mulching. In addition, biodegradable erosion control matting will also be employed to promote
bank stabilization until live staking of native vegetation can occur. Live staking will be performed before
March 15 to allow plants to establish during the dormant period and set root during the spring season. This
permanent vegetated riparian buffer will be established and protected through the use of cattle-proof fencing
The stream banks will be further protected by installing rootwads, rock vanes, cross vanes and j-hook vanes
and by excavating or enhancing pools at designated locations. An existing stream crossing will be relocated
further upstream in a riffle section and will be protected through the installation of a rock cross vane.
Several existing bends in the stream will have their radii increased to further promote stream bank stability
and reduce shear stress in the "near bank" region. Temporary construction staging areas and materials
storage areas will be established in several locations in conjunction with temporary haul roads to minimize
in-stream equipment activity. Existing trees and vegetation on the stream banks will be protected and
retained wherever possible. In the case that existing trees need to be removed during construction, they will
be utilized as rootwads, where feasible.
Photographs of the existing channel are provided immediately following this brief summary.
Page:
S:&aV000G6W plpemitrptdoc 1/1
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Photograph 1. Looking downstream at existing eroded streambank near station 8+00 on Brasstown Creek
Photograph 2. Looking downstream at existing eroded streambank near station 15+00 on Brasstown Creek
Photograph 3. Looking downstream at existing eroded streambank and debris jam at bend in stream near
station 22+00 on Brasstown Creek
Photograph 4. Looking downstream at existing center bar near station 23+00 on Brasstown Creek
Photograph 6. Looking downstream at existing eroded streambank near station 37+00 on Brasstown Creek
Photograph 5. Looking downstream at existing center bar near station 33+00 on Brasstown Creek
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