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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 0 U o ? 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OM VI O m LLd JLL¢Lr Z 3ZOtn LLOLL0 rwZ V)xQ OW 32 r 4 r M M M V) Q _r s Z a °O \ N c \ f.7 Q Y Y \ m U - u 2 i t a l7 g 6 20 ®1 O 1 7 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 i I i I j 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: I _ I i 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 I 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 i i i I I 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: i 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: i CHANNEL EXCAVATION: X COONSTRUCTION OF A DAM/FLOODING: OTHER. Streame.Restoration i i 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED i DRAINING TO, THE POND? N/A - WHAT IS THE EXPECTED POND SURFACE AREA? N/A i 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 I I equipment (small tractor). i 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 ?A r i s fF ?n 1 t •? i x ?'? ? r r I r' to .10 ?11 fly, ? { ? r^ \ ? •' ? '??? I l '? r "r ?r f'Ar 4 +- f ~ L? 4 COORDINATES: 34 59 35.36 N f? 83 54 20.00 W 4 ti v??r I i n" 4 r ? 1 I, r•I 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 {T ? a. in c 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. 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