20020833 Ver 1_COMPLETE FILE_20020510 (2)

4/21/03
I EC;E_iVEf
V.G. Dept. of •.
Ms. /Div.ater "
NC Quality
Watection
585 St.
nston-Salem, NC 27107
APR 7 P MO

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RE: DWQ Project #02 0833 The section shown as area 3 on my permit application has been washed
out due to a wall built into the stream by the neighbors and sabotoge of stabilization on my bank being
removed. Stabilization that I have put in by hand three times since 2/23/03 has disappeared three times.
Todd Tugwell with the Corps has approved me putting in boulders where the land used to be. filling in
behind them with dirt and rocks and planting on top of that. He suggested I touch base with your agency to
make sure this was OK with you.
Is it OK? Please let me know as soon as possible so I can get this done.
Also, John Vilas is removed as agent.
Thank you,
Jackie Capps
940 Dudley Shoals Rd.
Granite Falls, NC 28630

N. C. Der,
APR 2 2 2003
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E'n V 3784 Rominger Road
Banner Elk, NC 28804
ammo 1 QmulfitV Services Inc.
828-297-6946
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May 8, 2002 L
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Ms. Cyndi Karoly MAY 1 0 2002
NCDENR DWQ
2321 Crabtree Blvd.
Suite 250 WETLANDS GftOUP
WATEit QUALITY SECTION
Raleigh, NC 27604-2260
Re: Jacquelyn Capps Stream Stabilization Project
Dear Ms. Karoly:
Enclosed are three copies of the PCN application, supporting documentation and plan for the
referenced project. With reference to our phone conversation on May 6, 2002 1 believe that this
application satisfies the criteria set forth in WQC #3353 conditions (2) and (3) a d e does not
require written approval from DWQ and is exempt from the $475.00 application fee. The propos
eam ank stabilization an s ream toration is not associated with any development and is not for
compensatory mitigation or mitigation banking credit and no wetlands will be impacted as a result of the
project.
If this project does not qualify under conditions 2 & 3, as noted above please notify either me or Ms.
Capps as soon as you are able.
If you have any questions regarding this information please call me at 828-297-6946, thank you.
Sincerely,
V?
/sident, s
nV E nvironmental Consulting Services Inc.
Cc: Ms. Jacquelyn Capps
#J4Un4,
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit MAY 1 0 2002
? Section 10 Permit
X 401 Water Quality Certification
F-1 Riparian or Watershed Buffer Rules WET-LANDS GftUUP
QUALITY SECTION
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 13 and NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Jacquelyn A. Capps
Mailing Address: 940 Dudley Shoals Road
Granite Falls NC 28630
Telephone Number: 828-396-7301 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: John C. Vilas
Company Affiliation: E'nV Environmental Consulting Services Inc.
Mailing Address: 3764 Rominger Road
Banner Elk NC 28604
Telephone Number: 828-297-6946 Fax Number: 828-297-6946
E-mail Address: [e-mail]
Page 3 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Jackie Capps stream restoration and stabilization
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2876-85-6409
4. Location
County: Wilkes Nearest Town: Furguson
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take Hwy 268 west from
Wilkesboro. Turn right on Elk Creek/Darby Road Go approx 3.5 miles While on long
straight section will see a white fence on right turn left onto Triplett Town Road
immediately cross Elk Creek. House is visible across field from here the road goes around
the field (approx. 0.5 miles). Address is 565 Triplett Town Rd
5. Site coordinates, if available (UTM or Lat/Long): 36 6' 13" N / 81 26' 30" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Single
Family Residential
7. Property size (acres): 0.9
8. Nearest body of water (stream/river/sound/ocean/lake): unnamed tributary to Elk Creek
9. River Basin: Upper Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 13
10. Describe the purpose of the proposed work: To stabilize eroding stream banks alone
perennial tributary and to restore a small unimportant intermittant channel
The existing perennial stream has a drainage area of approx 450 acres (0.7 sq mj) It has an
average bankfull width of approx 11 feet It flows along the property line between the
applicants land and her neighbor's land The stream banks are unstable and eroding in several
areas such that the channel has migrated as much as 10 feet into the applicant's property in
laces; this condition has been exacerbated by the aggressive placement of fill by the neighbors.
The applicant wishes to stabilize the stream banks on her side of the stream using natural
stability concepts and practices to the extent practical There are four general areas in need of
stabilization measures these are shown on the attached sketch. In each case the banks will be
laid back to provide a bankfull bench These areas will be stabilized with root wads sod willow
transplants and live stakes To the extent suitable rock can be found on site rock vanes will also
be installed in the most vulnerable areas. While there will be disturbance of the stream bed in
association with installation of root wads and vanes there will not be an permanent fill laced
in the channel and the stream bed bankfull boundaries will remain essentially unchaned as a
result of the proposed project This phase of the project will involve stabilization of
approximately 145 linear feet of stream bank A Nationwide Permit 13 is requested for this
activity.
The second phase of the project is to restore a section of small unimportant intermittant channel
that enters the perennial stream in the middle of the property. This small channel drains
approximately 8.5 acres has a bankfull width of 6 feet and area of 4.4 square feet The existing
intermttant channel is stable for the first 80 linear feet below the road and ro ertline but
becomes a deep eroded ditch for the last 50 feet above the perennial stream The applicant
proposes to restore the lower 50 linear feet of this channel by constructing a step pool channel on
new location as shown on the attached sketch and details. This channel will be stabilized with
sod, plantings and rock cross vanes/step-pool structures placed to control grade A Nationwide
Permit_ 39 is requested for this activity.
11. List the type of equipment to be used to construct the project: Standard construction
equipment: track excavator, backhoe dump truck
12. Describe the land use in the vicinity of this project: Rural residential agricultural and
undeveloped. Very low density. IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
Page 5 of 13
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous USACE 404 permits or NCDENR 401 permits have been used to develop this
property
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional 404/401 permit requests are anticipated for any planned future
development of this property
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***

- - - r-_• --r -° ?v W •??••••v -.q-mr 1111NakA3. uiiPaus urcmue, out are not umitea to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage. etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.tema.pov.
Page 6 of 13
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, rorested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Area 1 Bank
stabilization 25 UT Elk Creek 13' Perennial
Area 2 Bank
stabilization 50 UT Elk Creek 9' Perennial
Area 3 Bank
stabilization 35 UT Elk Creek 14 Perennial
Area 4 Bank
stabilization 35 UT Elk Creek 9' Perennial
intermittant relocation 50 UT Elk Creek 2' Unimportant
intermittantl

i f _L •
LAM 'MW11 impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w-Nvw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 145' Perennial
50' unimportant intermittant
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma) *
Type of Impact Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

"lat cacll i upaci separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 7 of 13
VII.
VIII.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., darn/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed work and associated impacts are intended to restore and stabilize channel areas
that are currently unstable and eroding and will therefore result in an overall improvement to
water quality. The methods proposed (root wads sod mats willow transplants and rock vanes)
are designed to provide the desired stability as well as enhance instream habitat The property
already has a single family dwelling on it and no additional development is proposed
Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 8 of 13
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmmide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401 /Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrD/index.hun. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Page 9 of 13
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
L.Otle t cxmenus out _)v tees perpenutcutar trom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Pre and host impervious area is approximately 500 sq ft No development of the site is
proposed.
Page 10 of 13
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant is currently working with the local health department to obtain a permit to install a
septic system. Currently there is only an out-house on the property.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Afic Agen Signature Date
Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offic es and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Page I I of 13
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June 7, 2002
CERTIFIED MAIL: 7001 1140 0001 7828 4280
Return Receipt Requested
Ms. Jacquelyn A. Capps
940 Dudley Shoals Road
Granite Falls, NC 28630
SUBJECT: APPROVAL of 401 Water Quality Certification
Jackie Capps Stream Restoration and Stabilization
DWQ Project # 02 0833
W i I kes County
Dear Mrs. Capps:
You have our approval, in accordance with the attached conditions (WQC # 3353), to
construct the Jackie Capps Stream Restoration and Stabilization Project, approximately 195
linear feet of two Unnamed Tributaries to Elk Creek, Class B Tr ORW, Yadkin River Basin,
Wilkes County. The activity must be conducted as indicated in your application received by the
Division of Water Quality on May 10, 2002.
We have determined that General Water Quality Certification Number 3353 covers this
activity. For this approval to be valid, you must follow the conditions listed in the attached
Certifications. This Certification allow you to use Nationwide Permit Numbers 13 and 27 when
issued by the US Army Corps of Engineers.
Please keep in mind that there may be additional Federal, State and Local regulations
applicable to your project, such as the Sedimentation and Pollution Control Act, Non-Discharge
and Water Supply Watershed Regulations, whereby you may be required to obtain permits
and/or approvals prior to beginning your project. In addition, this approval will expire when the
accompanying 404 Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purposes and designs that you described in your
application. If you change your project, you must notify the Division in writing and you may be
required to submit a new application for a new Certification. If the property is sold, the new
owner must be given a copy of the Certifications and approval letter and is thereby responsible
for complying with all conditions.
Triage Check List
Date: 5- 3 1 -
L-To:

[3RRO
?FRO
E]WaRO
OWiRO
C&W§RO
LARO
YEIMRO
Steve Mitchell
Ken Averitte
Deborah Sawyer
Joanne Steenhuis
Jennifer Frye
Project Name \'k"' C 'er?S
DWO Project Number Q7 O 3
County-
Mike Parker
Pete Colwell
13,-C i o Telephone (9 9) 733- i? 41(?
From:
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted tL t ,? - -Ti OR
-Stream determination '76c) Cc-?(j O ?n?1iht
? Wetland determination and distance to blue-line surface waters on USGW topo maps
'*jj?llvlinimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
cumulative impact concerns
i..y
Comments
1. S'IZwc ke Vx-- .e4t?j 1J.x? oJO? 8a . -Tx k7ef , W-A w?l
[U?//??c,(IL Vic a?? rr?U?f?t1G?, 40L?? {a o??(cw ?e? sR„? ___kr-? 1
,
U
MEMORANDUM
TO: John Dorney Regional Contact: Jennifer Frye
Non-Discharge Branch WQ Supervisor: L arry Coble
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jackie Capps County Wilkes
Project Number 02 0833 County2
Recvd From APP Region Winston-Salem
Received Date 5/10/02 Recvd By Region 6/4/2002
Project Type stream restoration
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
145.00 50.00
13 Stream O Y OO " F- 12-24-(1) r B TRORW 30,701. 195.00
r- F
27 Stream OY ON F-F-F-1--F--1 -F- ?-I
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y #N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y # N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
WO Certification #3353 (3/18/02) issued by WSRO on June 7, 2002
cc: Regional Office
Central Office Page Number 1
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. n 7 n a °j, `.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing ,1 [ (?
1. Check all of the approval(s) requested for this project: i
X Section 404 Permit MAY I
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 13 and NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Jacquelyn A. Capps
Mailing Address: 940 Dudley Shoals Road
Granite Falls NC 28630
Telephone Number: 828-396-7301 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: John C. Vilas
Company Affiliation: E'nV Environmental Consulting Services Inc.
Mailing Address: 3764 Rominger Road
Banner Elk NC 28604
Telephone Number: 828-297-6946 Fax Number: 828-297-6946
E-mail Address: [e-mail]
Page 3 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project: Jackie Capps stream restoration and stabilization
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2876-85-6409
4. Location
County: Wilkes Nearest Town: Furguson
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take Hwy 268 west from
Wilkesboro. Turn right on Elk Creek/Darby Road Go approx 3.5 miles While on long
straight section will see a white fence on right turn left onto Triplett Town Road
immediately cross Elk Creek. House is visible across field from here the road goes around
the field (approx. 0.5 miles). Address is 565 Triplett Town Rd
5. Site coordinates, if available (UTM or Lat/Long): 36 6' 13" N / 81 26' 30" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Single
Family Residential
7. Property size (acres): 0.9 acres
8. Nearest body of water (stream/river/sound/ocean/lake): unnamed tributary to Elk Creek
9. River Basin: Unger Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 13
10. Describe the purpose of the proposed work: To stabilize eroding stream banks along
perennial tributary and to restore a small unimportant intermittant channel
The existing perennial stream has a drainage area of approx 450 acres (0.7 sq mi) It has an
average bankfall width of approx 11 feet It flows along the property line between the
applicants land and her neighbor's land The stream banks are unstable and eroding in several
areas such that the channel has migrated as much as 10 feet into the applicant's property
places, this condition has been exacerbated by the aggressive placement of fill by the neighbors.
The applicant wishes to stabilize the stream banks on her side of the stream using natural
stabthty concepts and practices to the extent practical There are four general areas in need of
stabilization measures these are shown on the attached sketch. In each case the banks will be
laid back to _provide a bankfull bench These areas will be stabilized with root wads sod willow
transplants and five stakes To the extent suitable rock can be found on site rock vanes will also
be installed in the most vulnerable areas. While there will be disturbance of the stream bed in
association with installation of root wads and vanes there will not be 4 BY fill laced
in the channel and the stream bed bankfull boundaries will remain essentially unchaned as a
result of the proposed project This phase of the project will involve stabilization of
approximately 145 finear feet of stream bank A Nationwide Permit 13 is requested for this
activity.
The second phase of the project is to restore a section of small pWWortant intermittant channel
that enters the perennial stream in the middle of the property. This smallchannel drains
approximately 8.5 acres has a bankfull width of 6 feet and area of 4.4 square feet The existing
mtermittant channel is stable for the first 80 linear feet below the road and property but
becomes a deep eroded ditch for the last 50 feet above the perennial stream The applicant
proposes to restore the lower 50 linear feet of this channel by constructing a step pool channel on
new location as shown on the attached sketch and details. This channel will be stabilized with
sod, plantings and rock cross vanes/step-pool.-structures placed to control grade A Nationwide
Permit 39 is requested for this activity.
11. List the type of equipment to be used to construct the project: Standard construction
equipment: track excavator, backhoe dump truck
12. Describe the land use in the vicinity of this project: Rural residential agricultural and
undeveloped Very low densrty.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
Page 5 of 13
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous USACE 404 permits or NCDENR 401 permits have been used to develop this
property
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional 404/401 permit requests are anticipated for any planned future
development of this property
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***

--•-- - 11 • r»?• F» "»7 M. 11LIly LcuiNvrary impacts. impacts mciuae, out are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year Floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.lema.gov.
Page 6 of 13
'*• List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name" of Stream Intermittent?
(indicate on ma) linear feet Before Impact (please seci
Area I Bank stabilization 25 UT Elk Creek 13' Perennial
Area 2 Bank
stabilization 50 UT Elk Creek 9' Perennial
Area 3 Bank
stabilization 35 UT Elk Creek 14 Perennial
Area 4 Bank
stabilization 35 UT Elk Creek 9' Perennial
intermittant relocation 50 UT Elk Creek 2' Unimportant
intermittantl

"l-M cacu myttut separaMy anu menttry temporary impacts. impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must he included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
"Avw.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 145' Perennial
50' unimportant intermittant
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number

indicate on ma)
Type of Impact* Area of
Impact

(acres)
(Name of Wat
if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

??r ?a?I ullP4'.l 5cparatcly anu identity temporary impacts. impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 7 of 13
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed work and associated impacts are intended to restore and stabilize channel areas
that are currently unstable and eroding and will therefore result in an overall improvement to
water quality. The methods proposed (root wads sod mats willow transplants and rock vane
are designed to provide the desired stability as well as enhance instream habitat The property
already has a single fan& dwelling on it and no additional development is proposed
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 8 of 13
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmizide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Page 9 of 13
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone' Impact
(square feet Multiplier Required
Miti ation
1 3
2 1.5
Total
• Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Pre and post impervious area is approximately 500 sq ft No development of the site is
proposed.
Page 10 of 13
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant is currently working with the local health department to obtain a permit to install a
septic system. Currently there is only an out-house on the property. XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applic Agen Signature 6 7
Date .
-('Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Page I I of 13
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Name: GRANDIN Location: 036° 06'02.0" N 081° 27' 13.7" W
Date: 2/28/2002 Z Caption: Jackie Capps Stream Bank Stabilization Project Location Map
Scale: 1 inch equals 2000 feet
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