20021743 Ver 1_COMPLETE FILE_20021030

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9 North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Tim Smith, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator Original Signed
Habitat Conservation Program by, I.R. Linville
DATE: November 4, 2002
SUBJECT: Review of Application Resubmitted by Stewart Rhymer, 8980 US 421
Highway South, Gap Creek, Watauga County
The applicant is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army
Corps of Engineers. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant previously straightened portions of Gap Creek without appropriate
local, state or federal approvals. The applicant proposes to leave the stream straightened,
to provide 2:1 slopes, and to plant vegetation on the banks. Roughly 180' of channel has
been relocated into a 90' straightened channel. Gap Creek provides nursery habitat for
brook trout and also supports downstream brown trout habitat. This stream section
appears to be unstable due to lack of riparian root mass and continuous lawn mowing.
The lack of buffer (riparian) vegetation that provides shade and root mass is not
conducive to stream stability, cool water temperatures or trout habitat.
Based on the information provided by the applicant and our information on the
range of trout in the project area, we are concerned about the long-term impacts and
cumulative impacts of this and other similar activities that have or may occur in the area.
Therefore, we recommend that the meander, pattern and profile of the affected stream
section be restored using bioengineering techniques and that the stream be stabilized with
native riparian plant species. Also, the bioengineering stream restoration work should
adhere to the following recommended conditions:
i..
11 1
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
Stewart Rhymer Reapplication 2 November 4, 2002
1. Instream work and land disturbance within the 25-foot wide buffer zone
are prohibited during the trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site
sedimentation during construction.
2. Stringent erosion control measures should be installed where soil is
disturbed and maintained until project completion. Temporary or
permanent herbaceous vegetation should be planted on all bare soil within
5 days of ground disturbing activities to provide long-term erosion control.
3. Native plant species should be used for streambank stabilization and
shade. Disturbed banks should be revegetated (25' buffers) with silky
dogwood (Cornus amonum), silky willow (Salix sericea), tag alder (Alnus
serrulata), black willow (Salix nigra), and/or sycamore (Platanus
occidentalis) to provide long term bank stability and stream shading.
Note that silky dogwood, silky willow and black willow can be planted as
live stakes collected during the dormant growing season. Cuttings should
be randomly planted and done on 4 foot centers from the waters edge to
the top of the bank. Trees should be planted on 10-12 foot centers.
Stream banks in these areas should also be seeded with an approved native
wetland seed mix or temporary crop of wheat, rye or native warm season
grasses.
If the stream is allowed to remain straightened, we recommend that the applicant
mitigate for lost stream footage by providing 25' undisturbed buffers of native riparian
vegetation along the entire stream reach (except the driveway crossing). This should
improve streambank stabilization and provide important shade for trout waters. As
previously mentioned, this site could be useful to North Carolina Department of
Transportation (NCDOT) for stream mitigation providing the applicant is willing to
provide easements for bioengineering stream restoration and riparian buffers.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Cc: Steve Mauney, DWQ
Heath Slaughter, DOT
Cynthia Van Der Wiele, DWQ
Marella Buncick, USFWS
Becky Fox, USEPA
MEMORANDUM
TO: John Dorney Regional Contact: Jennifer Frye
Non-Discharge Branch WO Supervisor: Steve Mauney
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Stewart Rhymer County Watauga
Project Number 02 1743 County2
Recvd From APP Region Winston-Salem
Received Date 10/30/02 Recvd By Region 1115/2002
Project Type hank restoration
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet BE
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
32 Stream O YO N 10-1-23 TR+ 50,701. 180.00 180.00 F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y0 N Did you request more info? 0 Y Q0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue (0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
WO Certification # 3376 issued by WSRO on November 18, 2002
cc: Regional Office
Central Office Page Number 1

Facility Name
Stewart' Rhymer County,
Watauga

Project Number 02 1743 Regional Contact: Jennifer Frye
Date: 11/18/2002
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: Tim Smith, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation .Program
DATE: November 4, 2002
SUBJECT: Review of Application Resubmitted by Stewart Rhymer, 8980 US 421
Highway South, Gap Creek, Watauga County
The applicant is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army
Corps of Engineers. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant previously straightened portions of Gap Creek without appropriate
local, state or federal approvals. The applicant proposes to leave the stream straightened,
to provide 2:1 slopes, and to plant vegetation on the banks. Roughly 180' of channel has
been relocated into a 90' straightened channel. Gap Creek provides nursery habitat for
brook trout and also supports downstream brown trout habitat. This stream section
appears to be unstable due to lack of riparian root mass and continuous lawn mowing.
The lack of buffer (riparian) vegetation that provides shade and root mass is not
conducive to stream stability, cool water temperatures or trout habitat.
Based on the information provided by the applicant and our information on the
range of trout in the project area, we are concerned about the long-term impacts and
cumulative impacts of this and other similar activities that have or may occur in the area.
Therefore, we recommend that the meander, pattern and profile of the affected stream
section be restored using bioengineering techniques and that the stream be stabilized with
native riparian plant species. Also, the bioengineering stream restoration work should
adhere to the following recommended conditions:
Stewart Rhymer Reapplication 2 November 4, 2002
1. Instream work and land disturbance within the 25-foot wide buffer zone
are prohibited during the trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site
sedimentation during construction.
2. Stringent erosion control measures should be installed where soil is
disturbed and maintained until project completion. Temporary or
permanent herbaceous vegetation should be planted on all bare soil within
5 days of ground disturbing activities to provide long-term erosion control.
3. Native plant species should be used for streambank stabilization and
shade. Disturbed banks should be revegetated (25' buffers) with silky
dogwood (Corpus amonum), silky willow (Salix sericea), tag alder (Alnus
serrulata), black willow (Salix nigra), and/or sycamore (Platanus
occidentalis) to provide long term bank stability and stream shading.
Note that silky dogwood, silky willow and black willow can be planted as
live stakes collected during the dormant growing season. Cuttings should
be randomly planted and done on 4 foot centers from the waters edge to
the top of the bank. Trees should be planted on 10-12 foot centers.
Stream banks in these areas should also be seeded with an approved native
wetland seed mix or temporary crop of wheat, rye or native warm season
grasses.
If the stream is allowed to remain straightened, we recommend that the applicant
mitigate for lost stream footage by providing 25' undisturbed buffers of native riparian
vegetation along the entire stream reach (except the driveway crossing). This should
improve streambank stabilization and provide important shade for trout waters. As
previously mentioned, this site could be useful to North Carolina Department of
Transportation (NCDOT) for stream mitigation providing the applicant is willing to
provide easements for bioengineering stream restoration and riparian buffers.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Cc: Steve Mauney, DWQ
Heath Slaughter, DOT
Cynthia Van Der Wiele, DWQ
Marella Buncick, USFWS
Becky Fox, USEPA
FILE COPY
MEMORANDUM
TO: Tim Smith, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: November 4, 2002
SUBJECT: Review of Application Resubmitted by Stewart Rhymer, 8980 US 421
Highway South, Gap Creek, Watauga County
The applicant is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army
Corps of Engineers. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant previously straightened portions of Gap Creek without appropriate
local, state or federal approvals. The applicant proposes to leave the stream straightened,
to provide 2:1 slopes, and to plant vegetation on the banks. Roughly 180' of channel has
been relocated into a 90' straightened channel. Gap Creek provides nursery habitat for
brook trout and also supports downstream brown trout habitat. This stream section
appears to be unstable due to lack of riparian root mass and continuous lawn mowing.
The lack of buffer (riparian) vegetation that provides shade and root mass is not
conducive to stream stability, cool water temperatures or trout habitat.
Based on the information provided by the applicant and our information on the
range of trout in the project area, we are concerned about the long-term impacts and
cumulative impacts of this and other similar activities that have or may occur in the area.
Therefore, we recommend that the meander, pattern and profile of the affected stream
section be restored using bioengineering techniques and that the stream be stabilized with
native riparian plant species. Also, the bioengineering stream restoration work should
adhere to the following recommended conditions:
Stewart Rhymer Reapplication 2 November 4, 2002
1. Instream work and land disturbance within the 25-foot wide buffer zone
are prohibited during the trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site
sedimentation during construction.
2. Stringent erosion control measures should be installed where soil is
disturbed and'maintaineduntil project completion. Temporary or
permanent herbaceous vegetation should be planted on all bare soil within
5 days of ground disturbing activities to provide long-term erosion control.
3. Native plant species should be used for streambank stabilization and
shade. Disturbed banks should be revegetated (25' buffers) with silky
dogwood (Comus amonum), silky willow (Salix sericea), tag alder (Alnus
serrulata), black willow (Salix nigra), and/or sycamore (Platanus
occidentalis) to provide long term bank stability and stream shading.
Note that silky dogwood, silky willow and black willow can be planted as
live stakes collected during the dormant growing season. Cuttings should
be randomly planted and done on 4 foot centers from the waters edge to
the top of the bank. Trees should be planted on 10-12 foot centers.
Stream banks in these areas should also be seeded with an approved native
wetland seed mix or temporary crop of wheat, rye or native warm season
grasses.
If the stream is allowed to remain straightened, we recommend that the applicant
mitigate for lost stream footage by providing 25' undisturbed buffers of native riparian
vegetation along the entire stream reach (except the driveway crossing). This should
improve streambank stabilization and provide important shade for trout waters. As
previously mentioned, this site could be useful to North Carolina Department of
Transportation (NCDOT) for stream mitigation providing the applicant is willing to
provide easements for bioengineering stream restoration and riparian buffers.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Cc: Steve Mauney, DWQ
Heath Slaughter, DOT
Cynthia Van Der Wiele, DWQ
Marella Buncick, USFWS
Becky Fox, USEPA
Triage Check List
COPY
Date: l ° ' 3 l Z Project Name: !? PIV/L,
DWQ#: ()-2- 1-711.3
County: U)g( m_qa,
To: ? ARO Mike Parker ? WaRO Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
? MRO Mike Parker WSRO Jennifer Frye
? RRO Steve Mitchell
From: Telephone : (919) 7 3, 5715
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, 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 concern
Comments: (Z C) d c e( 91,c t,?rt cve11. lit) CLI Z A&I"- 0/00 .
JL " 141- , - 4-0
?. vreif u,
s " A17y nol/ a.'?
September 11, 2002
F I L E U0`0 P Y
Mr. Steve Mauney
Acting Regional Supervisor
NC Dept. of Environment & Natural Resources ® .f
Division of Water Control 042
585 Waughtown Street
Winston-Salem, NC 27107-2241
Dear Mr. Mauney:
In response to your letter of September 6, 2002 referring to stream standard
violation and failure to secure water quality certification, enclosed is an
application for an after-the-fact Section 404 Permit from the United States
Army Corps of Engineers and a Section 401 Water Quality Certification.
The reason I did not secure the above mentioned permit and certification is
that I was not aware of their existence. I offer my apology for not knowing
about this. There will be no future projects of this nature..
As you can see on the application, the reason for relocating the small
portion of the creek was to prevent further damage to my property and to make
it easier to maintain. Immediately after the relocation I installed silt fences,
sloped the banks, sowed grass, fertilizer and scattered straw. Mrs. Frye asked
that I slope the banks on a 2 to 1 slope and plant vegetation on the banks,
which I plan to do.
I am also enclosing some photographs taken of the erosion before the re-
location of the creek. Please share these photographs with Mrs. Frye.
If you need any further information please let me know.
Sincerely,
A,a? 4'4,,,
Stewart Rhymer
Enclosures
cc: Tim Smith, USACE Asheville Regulatory Field Office
Ron Linville, NC Wildlife Resources Commission

`Y
Office Use Only: Form Version Fehrnary 2W2
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.
Q
a COPY 3
1. Processing
1. Chegk all of the approval(s) requested for this project:
Section 404 Permit
? Section 10 Permit
0 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: AtT4,o?z i- T? E - ?-'q_-T
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: ?
U. Applicant Information
1. Owner/Applicant
Mailing Address:

Telephone Number - ? Fax Number: = 71
i
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
,/
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12

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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): L2,51 ' l (0 "-,cob
4. Location Vl?TAu Cl
-N-r County: t Nearest wn:?lZ?/. ??-
Subdivision name (include phascAot n ber): /J Zf4
Directions tQ-site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (U rM or LauLong): 144-
(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. De be the existing land use or condition of the site at the time of this application:
7. Property size (acres): °-- IL ' -
8. Nearest body of water (stream/river/sound/ocean/lake): VIP
9. River Basin:
(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/adMigLmaps/.)

! _! 11
10. Describe the purpose of the proposed work:
12

the land use in the vicinity of this project: /t1_?sDrniv7?'?rr
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. #
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion. of this work from the current application-
Alr?
V1. 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.
- - - f 1

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***

d h 'zed 1 grtidin fill
e
• List each impact separately and identify temporary Impacts. Impacts include, but are not hmtt to. met ant c eanng, g,
excavation, flooding, ditching/drainage, etc. For darns, 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 floodpWn maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at h!W://www. fema. gov.
"• List a wetland type that best describes wetland to be impacted (e.g., fivshwater/saltwater marsh, forested wetland, beaver pond,
" Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
180
V-V
5"
0

1;-;t-A t- mik/. "a Ar1l? AgCf -atrd rin-tan.
• List each impact separately and Identity temporary Impacts. uu}raw „INYYV, -- -- -...........-- .... --•. _.- -.-- --- - .
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/straightcning, etc. If stream relocation is
proposed, plans and profiles showing the linter 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 (utmarned 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.usss.2ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tooozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water Impacts, inc ding Lakes, Ponds, Esries, Sounds, Atlantic Ocean and any
other Water of the r

Open Water Impact
Site Number
(indicate on map)
Type of Impact# of
Imp, "
(acres
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

10/J C

i

• List each impact separately and identify temporary impacts. Impacts include, but are.not !united to: till, excavation, dredging,
flooding, drainage, bulkhead--etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
described here and illustrated on any maps included with this application.
and 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.
?1??CCl? ??C?x.t>C" ?. ?`5">, l•-/?-",?a /U?L-;i?-'--;???y i ?h'?.?iT?
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If Litigation 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
hrtp //h2o erir state. nc us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan- The description should provide
(1 as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
\ a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina 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 hap://h2o.=.sLue.nc.us/wrT/index.him. 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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.
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 )?
If you answered "yes", provide the following information:
Yes ? No 11-A
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
gation 3
2 1.5
Total
Zone 1 ex=ds out 30 feet perpcnatcutar Qom near OanK of Lnd1mcl, conic -4 cctcuuz
additional 20 feet from the edge of Zone L
1/
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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. , / 1-7
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the propo, project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or an}(?uffer Rules?
Yes D" No ?
Is this an after-the-fact permit application?
Yes Q---- No ?
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).

/d- 2'y - ?aa2-
Applicant/Age 's Signature Date
(.Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 1 2
October 28, 2002
Mr. Steve Hauney
Acting Regional Supervisor
NC Dept. of Environment & Natural Resources
Division of Water Control
585 Waughtown Street
Winston-Salem, NC 27107-2241
Dear Mr. M launey :
In response to your letter of October 9, 2002, I submit the following:
1. See attached map.
2. Army Corps of Engineers is working on a plan to stabilize the
channel near the utility line as per conversation with Mr. Tim
Smith.
3. The approximate 95 linear feet of stream channel was the relocated
stream channel. The approximate 180 linear feet of stream channel
is the length before relocation.
4. As per conversation with Mr. Ron Linville, he recommends:
planting woody species (tag alder) on both sides of the
stream channel and planting willow staking and silky dogwood.
on the stream banks.
5. Banks will be sloped 2 to 1 and planted with woody vegetation.
6. Mr. Ron Linville and Mr. Tim Smith advised construction and
planting after April 15, 2003•
Sincerely,
Stewart Rhymer
Enclosures
cc: Ron Linville, NC Wildlife Resources. Commission
nny Smith, Central 401/Wetlands Unit
021744

ia.
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