HomeMy WebLinkAbout20200588 Ver 1_SAW-2019-02248 NWP 29 ATF_20200616U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2019-02248 County: Macon U.S.G.S. Quad: Highlands
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: John Meshad
Address: 1417 Kimlira Lane
Sarasota, FL 34231
Telephone Number: 941-343-9651
Email: imeshadAiwmmanagement.com
Size (acres): 5.47 Nearest Town: Highlands
Nearest Waterway: UTs Norton Prong and Norton Prong Coordinates: 35.09434 N, 83.18893 W
River Basin/HUC: Upper Little Tennessee (06010202)
Location description: The site is a tract of land (PIN 7541-75-3732) off Norton Ridge Road, 0.21 miles north of the intersection
of Shortoff Road and Norton Ridge Road, in Highlands, Macon County, North Carolina.
Description of projects area and activity: This after -the -fact permit verification authorizes 20 linear feet of permanent stream
impacts to Norton Prong and 0.099 acres of permanent impacts to wetlands associated with installation of a culvert for a
stream crossing and clearing and grading activities.
Special Condition(s): Completion of the approved Corrective Action Plan and additional reauirements per the Corps' letter
dated June 16, 2020 (attached).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29, After -the -Fact
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions, above noted special conditions, and your submitted application and attached information dated May 4, 2020. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the
modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified,
such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration,
modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil.
CESAW-RG-A SAW-2019-02248
Corps Regulatory Official: Q— I Date: June 16, 2020
David Brown
Expiration Date of Verification: March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our Customer Satisfaction Survey, located online at hlt2:Hcoipsmapu.usace.gM.mil/cm_Mex/Pp=136:4:0.
Copy furnished (by email):
C1earWater Environmental Consultants, Inc., Clement Riddle, 32 Clayton Street, Asheville, NC 28801
clement@cwenv.com
Roberts & Stevens, P.A., Billy Clarke, 301 College Street, Suite 400, Asheville, NC 28801
BClarke@roberts-stevens.com
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
June 16, 2020
Regulatory Division
Action ID: SAW-2019-02248
John Meshad
1417 Kimlira Lane
Sarasota, Florida 34231
Dear Mr. Meshad:
The Corps received and reviewed the Corrective Action Plan (CAP), submitted June 9
2020, for the Meshad Property Norton Ridge Road site in Macon County, North Carolina. The
CAP was submitted in response to the Corps' letter dated December 5, 2019, and subsequent
discussions for the restoration of jurisdictional streams and wetlands impacted without
authorization from the Department of Army. The Corps approves the submitted plan with the
following additional requirements:
1. Implementation and work performed in accordance with of the CAP will be overseen by
a qualified environmental firm to ensure the corrective measures are completed per the
approved plan and agency's additional requirements.
2. The Corps, NCDEQ-DWR, NCWRC, and Macon County will be notified prior to
demobilization of equipment and crews from the site for the stream and wetland
restoration activities. The purpose of this notification is to allow the agencies to inspect
the restoration measures prior to completion of the measures.
3. Three sediment monitoring stations shall be established in Norton Prong and adaptive
sediment monitoring shall be conducted and documented until the stream and wetland
restoration activities and upland pond construction have been completed. One station is to
be placed in the upstream reach of Norton Prong, where the stream enters the property;
one within the lower reach of Norton Prong below the existing culvert; and one in Norton
Prong where the stream exists the property.
4. Documentation of the data collected from the sediment monitoring stations shall be made
available to the agency upon request.
5. On -site stream, stream buffer, and wetland restoration activities are to be completed by
December 31, 2020.
6. Bare -root plantings activities can be conducted from December 2020-March 2021.
7. Work can be conducted in streams and wetlands at the site until December 31, 2020.
8. As -built stream, stream buffer, and wetland restoration plans are to be submitted to the
Corps and NCDEQ-DWR no later than March 1, 2021. The as -built plans, at a minimum,
shall include photo documentation at structures, a plan view diagram, a longitudinal
profile, and vegetation information (type, number and location of species planted).
9. The restored streams, stream buffers, and wetlands will be monitored for a period of 18
months. The purpose of the visual monitoring is to demonstrate and ensure that the
streams, stream buffers, and wetlands are effectively stable. If streams, stream buffers,
and/or wetlands are found to be unstable during the monitoring period, you will conduct
appropriate remedial measures to correct the problem. Visual monitoring of all restored
areas at the site are to be conducted at least four times during the monitoring period. At
least 4 months should separate each visual monitoring event.
10. A summary monitoring report is to be submitted to the Corps and NCDEQ-DWR within
60-days of the end of the required monitoring. At a minimum, this document is to include
photo logs of the monitoring events, a longitudinal profile of the streams, and a narrative
of any remedial measures conducted to correct problems.
Additional time to complete the CAP may be granted. Any request for an extension must
be submitted in writing and documents the reasons an extension is needed. No additional work in
waters of the U.S. shall occur without prior notification to this office and any other state or local
agencies, except those needed to complete the CAP and actions taken as emergency corrective
measures to abate further sediment flow into jurisdictional streams and wetlands in order to
prevent and minimize additional sediment releases to aquatic resources.
Should you have any further questions related to this matter, please contact me, (828) 271-
7980, extension 4232 or david.w.brown@usace.army.mil.
Sincerely,
David Brown, P.G.
Regulatory Specialist
Copy (by email):
Mr. Andrew Moore, NCDEQ - DWR
andrew.w.moore@ncdenr.gov
Ms. Andrea Leslie, NCWRC
andrea.leslie@ncwildlife.org
Mr. Joe Allen, Macon County — Planning, Permit, and Development Department
jallen@maconnc.org
Mr. Clement Riddle, C1earWater Environmental Consultants, Inc.
clement@cwenv.com
Mr. William Clark, Roberts & Stevens Attorneys at Law
BClarke@roberts-stevens.com
CLearWater
C1earWater Environmental Consultants, Inc.
www cwenv.com
June 9, 2020
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Mr. Andrew Moore
NC Department of Environmental Quality
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
RE: Norton Ridge NOV (+/- 5.5 Acres)
Corrective Action Plan
Macon County, North Carolina
Dear Mr. Brown and Mr. Moore,
Please reference the letter of Unauthorized Activity (UA) was issued by the United States
Army Corps of Engineers (USACE) (SAW-2019-02248 issued 12/512019) and Notice of
Violation (NOV) from the NC Department of Environmental Quality (NCDEQ) (NOV-
2019-CV-0009 issued 11/21/2019) (Attachment A). The UA was issued for unauthorized
work in and around Norton Prong, including impacts to several unnamed tributaries
associated with construction of a pond.
This Corrective Action Plan details wetland and stream restoration planned on site. The
approximately 5.5-acre site is owned by Mr. John W. Meshad and is located at Tract 5 on
Norton Ridge Road, Highlands, Macon County, North Carolina (35.094552,-83.189099)
(Figure 1).
The applicant hired Headwater Engineering to design the restoration of the two unnamed
tributaries to Big Norton Prong. The restoration of these steams should satisfy the
concerns of both the USACE UA and the NCDEQ NOV. Details of the stream restoration
can be found in Attachment B: Construction Plans for Restoration UTs to Big Norton
Prong by Headwaters Engineering. Approximately 163 linear feet of Stream 3 (S3) and
263 linear feet of Stream 4 (S4) will be restored. Upon completion of the stream
restoration, as -built plans will be submitted. The restored channels of S3 and S4 will be
monitored via photographs for 18 months to ensure stream stability.
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
Details of the wetland restoration:
1. Approximately 0.151 acres of unauthorized fill material will be removed from
Wetland 4 (W4) (Figure 2) using a backhoe or similar excavation type equipment.
The identified area of Wetland W4 will be regraded to the original elevation and
soil profile present prior to the unauthorized activity. Excavation will be complete
once the pre-existing layer of wetland hydric soil is reached.
2. Fill removed from the wetland will be relocated adjacent to the stream restoration
area (old pond area), if needed, or an upland location onsite and appropriately
stabilized (seeded with a straw mulch layer and silt fence perimeter).
3. In order to restore the emergent/scrub-shrub wetland vegetation within W4 the
impacted areas will be seeded and planted with bare root tree and shrubs. Only
native species will be planted (Attachment B: Sheet 10). Bare root trees and
shrubs will be planted to a minimum of 400 stems per acres. Assuming an 80%
survival rate of planted woody species after the first three years of establishment,
the density of woody stems will be at least 320 stems per acre.
4. Restoration efforts will begin upon USACE approval. It is anticipated that fill
removal and application of the wetland seed mix will be completed within 60
days of approval. Bare root plantings will be planted during the next dormant
season, typically from December to March.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding
this Corrective Action Plan.
Sincerely,
Tyson eurtz
Biologist
G
R. Clement Riddle, P.W.S.
Principal
Norton Ridge Road NOV (+/- 5.5 AC)
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Attachment A
Notification of Unauthorized
Activity (Dated December
5, 2019) & Notice of Violation
(Dated November 21, 2019)
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 5, 2019
Regulatory Division
SAW-2019-02248
Mr. John Meshad
1417 Kimlira Lane
Sarasota, Florida 34231
Mr. Larry Rogers
Larry Rogers Construction Company
776 Dillard Road
Highlands, North Carolina 28741
Dear Sirs:
On November 21, 2019, the North Carolina Department of Environmental Quality,
Division of Water Resources (DWR), issued a notice of violation (NOV-2019-CV-0009)
for clearing and grading activities associated with construction of a pond at
Mr. Meshad's property (PIN 7541-75-3732) located off Norton Ridge Road,
approximately 0.2 miles north of the intersection of Norton Ridge Road and Shortoff
Road, in Highlands, Macon County, North Carolina. Coordinates are 35.09434,
-83.18893.
Staff from our Asheville Regulatory Field Office (Corps) contacted Mr. Andrew
Moore, DWR, and Mr. Joe Allen, Macon County Planning, Permit, and Development
Department, as part of our effort to determine whether or not the pond construction
involved a violation of the Clean Water Act (CWA) under the Department of Army's (DA)
authority. The U.S. Army Corps of Engineers administers Section 404 of the CWA.
Under Section 404 of the CWA, a DA permit is required for the discharge of dredged or
fill material into waters of the United States (wetlands, streams, lakes, and marine
waters).
Based on the information obtained thus far in our investigation, fill has been placed
in waters of U.S. (WoUS) as a result of the pond construction without authorization from
the DA. The activities were conducted by Larry Rogers Construction Company, as
directed by Mr. Meshad. This 5.47-acre residential property includes unnamed
tributaries (UTs) of Norton Prong and a portion of Norton Prong which is classified as a
perennial stream that flows into Big Creek and ultimately into the Little Tennessee
River. Aerial imagery of the site and other Geographic Information System (GIS) data
-2-
layers depict an open water impoundment of an UT and possible wetlands on the
property.
The Corps has initially determined that 200-300 linear feet of streams, open waters,
and potentially some wetlands were graded and filled to construct the pond. These
activities, undertaken in WoUS without the prior approval from this office in the form of a
Department of the Army (DA) permit, constitutes violations of Section 301 of the Clean
Water Act (33 USC 1311). By copy of this letter, you should cease and desist from any
further unauthorized work within WoUS, including wetlands.
In order to determine the appropriate course of action in this matter, we request that
you provide the following information in writing no later than December 20, 2019:
A detailed accounting of all grading, filling, flooding, and/or mechanized land
clearing that has occurred in WoUS at the property during the last 24 months.
This accounting must disclose in detail the length and/or area of WoUS affected
by grading, filling, mechanized land clearing, and/or flooding, the date the work
was conducted, the name and current address of the person(s) who conducted
the work and the purpose of the work.
2. A statement regarding your intention to resolve this matter either through full
restoration of the impacted stream, wetlands, and open waters or after -the -fact
permitting, or a combination of permitting and restoration. Do note, activities
conducted in areas outside of the DA jurisdiction and the unauthorized activities
conducted within WoUS at the property does not imply that the Corps will
necessarily approve the impacts to WoUS noted in this document or any future
proposal to impact WoUS on this property.
Failure to comply with this request may result in referral of this matter to the United
States Attorney with a recommendation for appropriate action.
If you have any questions regarding this notice, please contact Mr. David Brown by
telephone at 828-271-7980, ext. 4232 or by e-mail at david.w.brown Ca).usace.army.mi1.
FOR THE COMMANDER
Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
-3-
cc:
Mr. R. Andrew Murray, U.S. Attorney
Western District of North Carolina
227 West Trade Street, Suite 1650
Charlotte, North Carolina, 28202
Mr. Christopher Parker, Soil Scientist
Enforcement and Compliance Assurance Division
Surface Water and Groundwater Section
U.S. Environmental Protection Agency - Region IV
61 Forsyth Street SW
Atlanta, Georgia 30303-8960
Mr. Andrew Moore
North Carolina Division of Water Resources
Swannanoa Regional Office
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ms. Andrea Leslie
North Carolina Wildlife Resources Commission
645 Fish Hatchery Road
Marion, North Carolina 28752
Mr. Joe Allen
Macon County - Planning, Permit, and Development Department
Human Services Building
1834 Lakeside Drive
Franklin, North Carolina 28734
DocuSign Envelope ID: 25E7CF9D-CD95-4A59-8B5A-56FC8295E553
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
November 21, 2019
CERTIFIED MAIL
NORTH CAROLINA
Environmental Quality
RETURN RECEIPT REQUESTED 7017 2620 0000 9759 2922
John Meshad
1417 Kimlira Lane
Sarasota, FL 34231
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
John Meshad Property — Norton Ridge Road (PIN 7541753732)
NOV-2019-CV-0009
Failure to Secure 401 Water Quality Certification
Stream Standard Violation — Removal of Best Usage
Macon County
Response deadline: December 20, 2019
Dear Mr. Meshad:
On November 19, 2019, Andrew Moore from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted a site inspection of your property on Norton Ridge Road in
Highlands, North Carolina. The site inspection was conducted after receiving notification from
Macon County that grading activities on the property may be impacting streams. Staff with
Macon County Planning, Permitting, and Development were present during the inspection. Your
property caretaker, Phillip Gates, was also present for a portion of the inspection.
During the site inspection, a recently constructed pond was observed to have been excavated
within the footprint of several unnamed tributaries of Norton Prong (WS-II; Trout; HQW). A
recently installed culvert was observed within Norton Prong. A review of DWR files indicates no
approval has been issued for the impacts. As a result of the site inspection and file review, the
following violations were identified:
VIOLATIONS
L Failure to Secure a 401 Water Quality Certification (WQC) — Title 15A NCAC 02H
.0500 requires water quality certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into
NORTH CARCLINA
oewronem a Envlmnmenbl Qwnb
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500
DocuSign Envelope ID: 25E7CF9D-CD95-4A59-8B5A-56FC8295E553
John Meshad
NOV-2019-CV-0009
Page 2 of 3
jurisdictional waters, including wetlands, as described in 33 CFR Part 323. A file review
confirmed that a Pre -Construction Notification has not been received by the DWR for
this project and that a 401 Water Quality Certification has not been issued.
II. Removal of Best Usage — Title 15A NCAC 02B .0211 (2) requires that "The waters shall
be suitable for aquatic propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard." The unauthorized impacts to the unnamed tributaries and Norton
Prong represent a removal of use.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by December 20, 2019. Your
response should be sent to this office at the footer address or via email to
Andrew.W.Moore(&ncdenr.gov and include the following:
1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
2. Please clearly explain why appropriate 401 WQC and 404 Permit were not secured.
3. Please provide a map that exactly details all waters on the site (including streams and
wetlands) and the areas that were impacted.
4. Please explain how you plan to resolve the 401 Water Quality Certification violation. Two
(2) options exist:
a. Apply to the U.S. Army Corps of Engineers (USAGE) for and receive a 404 Permit
pertaining to the existing stream and wetland impacts. A 401 WQC will be required
if the activities are permitted by the USACE. The application process as described
does not guarantee the impacts will be approved.
b. Restore the streams to their pre-existing condition.
If pursuing Option 1:
a. Contact the USACE to determine the permitting needs of the activities you have
undertaken. The Asheville office phone number is (828) 271-7980.
b. Provide a proposed schedule of when you expect to have the required permit
application (401 WQC application) submitted to the DWR.
If pursuing Option 2:
DocuSign Envelope ID: 25E7CF9D-CD95-4A59-8B5A-56FC8295E553
John Meshad
NOV-2019-CV-0009
Page 3 of 3
a. Submit a Stream Restoration Plan to this office for review and approval. The plan
must provide details regarding how the stream channels will be restored and how
the buffer along the streambanks will be restored. The Plan must be approved by
DWR before being implemented.
b. The plan must include the measures that will be used for temporary stabilization
and sediment control while this work is under way.
c. Once the restoration is complete, you must notify this office so that a follow-up
inspection may be conducted.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above -
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur.
Should you have any questions regarding these matters, please contact Andrew Moore at (828)
296-4684 or Andrew.W.Moorekncdenr.gov.
Sincerely,
DocuSigned by:
N;�
627B1 D2775374D0...
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Mac Haupt — 401 & Buffer Permitting Unit
David Brown — US Army Corps of Engineers (via email)
Stan Aiken — DEMLR (email copy)
Andrea Leslie — NCWRC (email copy)
Joe Allen — Macon County (email copy)
ARO File Copy
G:\WR\WQ\Macon\Complaints\Meshad\20191121_JohnMeshadProperty_NOV2019CV0009.docx
Attachment B:
Construction Plans for Restoration UTs to
Big Norton Prong
by
Headwaters Engineering
SHEETINDEX
1: TITLE
2: NOTES AND SYMBOLS
3: CONSTRUCTION SEQUENCE
4-5. PLAN AND PROFILE
6: EROSION CONTROL PLAN
7-8: TYPICAL SECTIONS
9-10: DETAILS
CONSTRUCTION PLANS FOR
STREAM RESTORATION
UTs TO BIG NORTON PRONG
MACON COUNTY, NORTH CAROLI NA
VICINITY MAP
NOT TO SCALE
PREPARED FOR:
Mr. John Meshad
Sarasota, FL
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NOTES-
1. NO STREAM WORK SHALL BEGIN UNTIL ALL MATERIALS NEEDED FOR IN -STREAM STRUCTURES AND BANK STABLIZATION
ARE BROUGHT TO THE SITE.
2. ALL EQUIPMENT SHALL BE CLEANED PRIOR TO MOBILIZATION AND SHALL BE MAINTAINED TO BE FREE OF LEAKS.
3. FUELING SHALL BE PERFORMED IN A CONTAINED AREAAT LEAST 200 FEET FROM FLOWING WATER.
4. WORK SHALL BE STAGED SUCH THAT NO MORE CREEK BANK IS DISTURBED THAN CAN BE STABILIZED WITH SEED, MULCH
AND MATTING BY THE END OF THAT WORK DAY.
3. LEAVE 10' PLUG OF BANK MATERIAL AT UPSTREAM END OF NEW CHANNEL TO MAINTAIN FLOW IN ORIGINAL CHANNEL
UNTIL OFF-LINE CHANNEL IS FULLY STABILIZED.
4. TREES, UTILITIES AND OTHER SITE FEATURES SHALL BE PROTECTED IN PLACE UNLESS MARKED FOR REMOVAL.
5. TREES AND LOGS REMOVED DURING GRADING SHALL BE SALVAGED FOR ON -SITE USE AS IN THE PROJECT UNLESS
DIRECTED OTHERWISE. LOGS AND CLEARING DEBRIS NOT USEFUL TO THE PROJECT SHALL BE DISPOSED OFF -SITE.
6. LIVE STAKES AND BUFFER TREES AND SHRUBS SHALL BE INSTALLED DURING THE DORMANT SEASON, TYPICALLY
DECEMBER THROUGH MARCH.
7. CONSTRUCTION OF THE POND AND OTHER UPLAND CLEARING AND GRADING SHALL NOT ENCROACH ON THE
RESTORED/ESTABLISHED STREAM BUFFERS.
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NOTES AND
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SHEET 2 OF 10
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CONSTRUCTION SEQUENCE:
GENERAL NOTES
1. ALL EQUIPMENT AND MATERIALS NECESSARY TO COMPLETE THE PROJECT SHALL BE MOBILIZED TO THE SITE BEFORE WORK BEGINS ON THE STREAMS.
2. SILT FENCE SHALL BE INSTALLED ON BIG NORTON PRONG SIDE OF ALL TEMPORARY STOCKPILES.
3. A PUMP -AROUND FLOW DIVERSION SHALL BE USED TO DIVERT FLOW AROUND WORK AREAS. THE PUMP -AROUND SHALL BE REMOVED FROM THE RIVER IN ADVANCE OF ANY STORM THAT WOULD
EXCEED THE CAPACITY OF THE PUMP(S).
4. STREAM BANKS MUST BE STABILIZED WITH SEED, MULCH AND MATTING WITHIN 24 HOURS OF REACHING FINAL GRADES.
5. ALL GRADED AREAS STEEPER THAN 3:1 MUST BE STABILIZED WITH SEED AND MULCH WITHIN 7 DAYS OF REACHING FINAL GRADES. ALL OTHER AREAS MUST BE STABILIZED WITHIN 14 DAYS OF REACHING
FINAL GRADES
6. ALL EQUIPMENT SHALL BE CLEANED PRIOR TO MOBILIZATION AND SHALL BE MAINTAINED TO BE FREE OF LEAKS.
7. FUELING SHALL BE PERFORMED IN A CONTAINED AREAAT LEAST 200 FEET FROM FLOWING WATER.
8. LIVE STAKES AND BIOENGINEERING PRACTICES SHALL BE INSTALLED DURING THE DORMANT SEASON, TYPICALLY DECEMBER THROUGH MARCH.
MOBILIZATION AND SITE PREPARATION
9. MOBILIZE EQUIPMENT AND MATERIALS TO THE SITE AND LOCATE LIMITS OF DISTURBANCE.
10. INSTALL CONSTRUCTION ENTRANCE/EXITAS SHOWN ON THE PLANS. USE EXISTING GRAVEL ROAD OFF NORTON RIDGE ROAD TO ACCESS WORK AREA.
11. MONITOR HAUL ROAD FOR SOIL LOSS ON A DAILY BASIS AND MAINTAIN ROAD AND GRADE OR STABILIZE WITH STONE AS NEEDED TO PREVENT SOIL LOSS.
12. USE EXISTING CULVERT TO CROSS THE STREAMS.
STREAM RESTORATION
13. USE EXISTING FLASHBOARD OUTLET STRUCTURE TO DEWATER POND AS MUCH AS POSSIBLE.
14. CONSTRUCT DIVERSION SWALE TO INTERCEPT FLOW FROM STREAMS S1 AND S3 AROUND THE SOUTHWEST SIDE OF THE WORK AREA.
15. INSTALL PUMP -AROUND TO CAPTURE FLOW FROM STREAM S4 AND DISCHARGE IT TO THE DIVERSION SWALE.
16. DEWATER WORK AREA AS NEEDED AND DISCHARGE TO STABLE WOODED OR GRASS AREA BEYOND THE WORK AREA.
17. SCARIFY SUBGRADE IN WORK AREA TO A DEPTH OF AT LEAST 6 INCHES IN ORDER TO PROMOTE BOND WITH FILL SOILS.
18. PLACE AND COMPACT FILL SOILS IN LIFTS NOT EXCEEDING 10 INCHES IN THICKNESS THROUGH THE RESTORED STREAM AND FLOODPLAIN CORRIDOR. BRING COMPACTED FILL TO PROPOSED
FLOODPLAIN GRADES.
19. EXCAVATE S3 AND S4 CHANNELS PER THE PLAN AND PROFILE DRAWINGS, LEAVING BANK SOILAT UPSTREAM END OF S4 AND DIVERSION SWALE INTACT.
20. SEED, MULCH AND PLACE MATTING OVER COMPLETED BANKS ON S3 AND S4 CHANNELS. INSTALL CONSTRUCTED RIFFLES.
21. USE PUMP -AROUND TO DIVERT FLOW AROUND THE UPSTREAM END OF THE DIVERSION SWALE AND S4; EXCAVATE UPSTREAM END OF S3 CHANNEL TO CONNECT TO THE EXISTING UNDISTURBED REACH.
22. AFTER THE DAM/POND CONSTRUCTION (DESIGN BY OTHERS) IS COMPLETE, REMOVE DIVERSION SWALE AND ROUTE S1 FLOW INTO THE POND AND S3 AND S4 FLOW INTO RESTORED CHANNELS.
23. SMOOTH POND BED TO DESIRED FINSHED GRADES BEYOND LIMITS OF STREAM RESTORATION WORK.
DEMOBILIZATION
24. RIP, SEED AND MULCH HAUL ROAD AND STAGING AREAS.
25. REMOVE TRASH AND DEBRIS AND RESTORE DISTURBED AREAS TO THEIR PRE -CONSTRUCTION CONDITIONS.
26. REMOVE CONSTRUCTION ENTRANCE/EXITAND SILT FENCE(S)
PLANTING/BIOENGINEERING
27. BARE ROOT PLANTS AND LIVE STAKES SHALL BE INSTALLED DURING THE DORMANT SEASON, GENERALLY DECEMBER THROUGH MARCH.
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SHEET 3 OF 10
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-
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SCALE: AS SHOWN
10+00 10+50 11 +00 11 +50
LEGEND
S3 PLAN &
EXISTING POND BOTTOM (APPROX.)
PROFILE
SCALES:
H:1 �I = 20�, V:
1 �� = 4�
PROPOSEDTHALWEG
SHEET 4 OF 10
Q
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DATE: JUNE 2020
SCALE: AS SHOWN
S4 PLAN &
PROFILE
SHEET 5 OF 10
3902 p
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LEGEND
SCALES:
Kill
=
201, V.
ill
= 41
EXISTING POND BOTTOM (APPROX.)
- — —
PROPOSED THALWEG
AERIAL IMAGERY FROM NC ONEMAP IS,Q
DATED 2015. CONTOURS GENERATED FROM - PROP. TROUT
BARE EARTH LiDAR DATED 2016/2017. , BUFFERS L
s ♦ O
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RESTORED STREAM S3; .
I 163 LF +/LLJ
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TEMP. DIVERSION f�� i RESTORED STREAM S4; ,-
SWALE; SEE DETAILlip`
EXISTING FLASHBOARD it o
RISER OUTLET STRUCTURE ��; �I V) o Lo
USE EXISTING CULVERT ui z U
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CONST. ENTRANCE/EXIT r SCALE: AS SHOWN
LAT.:35.093817; LONG.-83.189178
EROSION
c� PAP� CONTROL PLAN
�` _r��� 0 SHEET 6 OF 10
d
d
Q
5' MIN. BENCH
3 MIN. (TYP) 10' MIN. 4.4' 0 6' ON RIGHT BANK
APPROX. EXISTING SEED, MATTING, LIVE STAKES
POND BOTTOM =21 2 0 TYP. BOTH BANKS
FILL SOILS, COMPACTED IN LIFTS J
NOT MORE THAN 12" THICK
� TYPICAL SECTION
7
_j STREAM S3 -RIFFLE
10' MIN.
LI1L__L1J1---
APPROX. EXISTING
POND BOTTOM
FILL SOILS, COMPACTED IN LIFTS
NOT MORE THAN 12" THICK
FILL BEYOND BENCHES CAN BE LEFT
LOWER THAN FLOODPLAIN TO CREATE
VERNAL POOLS IF NECESSARY (TYP)
6.0' - 1.01
S MIN. BENCH ON RIGHT BANK
3.5 2.5 3 MIN. (TYP)
-----� �� - 1 -
FILL BEYOND BENCHES CAN BE LEFT
SEED, MATTING, LIVE STAKES LOWER THAN FLOODPLAIN TO CREATE
TYP. BOTH BANKS VERNAL POOLS IF NECESSARY (TYP)
SECTION DRAWN FOR LEFT -BENDING POOL; USE 2 TYPICAL SECTION
MIRROR IMAGE FOR RIGHT -BENDING POOL 7 STREAM S3 - POOL
NOTES
LEGEND 1. TYPICAL SECTIONS DRAWN LOOKING DOWNSTREAM.
2. DISTURBED BANKS SHALL BE ROUGHENED PERPENDICULAR
EXISTING _ _ _ _ _ _ TO SLOPE, COVERED WITH 3" LAYER OF TOPSOIL, SEEDED,
PROPOSED MULCHED AND MATTED WITH 780 G/MZ COIR FIBER MATTING.
3. ADJUST GRADING LIMITS AS NEEDED TO PROTECT EXISTING
MATURE TREES NOT MARKED FOR REMOVAL.
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STREAM S3
TYPICAL
SECTIONS
SHEET 7 OF 10
n
n
Q
7.0' — BENCH 10' (TYP) FILL BEYOND BENCHES CAN BE LEFT
0.8' LOWER THAN FLOODPLAIN TO CREATE
3 MIN. (TYP) 2.5 (TYP) _ VERNAL POOLS IF NECESSARY (TYP)
--1�Ul�l__1 L�—JlL1L--LI1�1__ u�1_ LUL\ _J111__1L1LI�11uL__��11_
APPROX. EXISTING 3.0' SEED, MATTING, LIVE STAKES
POND BOTTOM TYP. BOTH BANKS
FILL SOILS, COMPACTED IN LIFTS TYPICAL SECT ON
NOT MORE THAN 12" THICK
s STREAM S4 - RIFFLE
BENCH 10:1 (TYP) 9.0 1.5'
3.5
APPROX. EXISTING
POND BOTTOM
FILL SOILS, COMPACTED IN LIFTS /
NOT MORE THAN 12" THICK f
SECTION DRAWN FOR LEFT -BENDING POOL; USE 2 TYPICAL SECTION
MIRROR IMAGE FOR RIGHT -BENDING POOL g STREAM S4 - POOL
NOTES
3 MIN. (TYP)
___7�_7 1
SEED, MATTING, LIVE STAKES FILL BEYOND BENCHES CAN BE LEFT
TYP. BOTH BANKS LOWER THAN FLOODPLAIN TO CREATE
VERNAL POOLS IF NECESSARY (TYP)
LEGEND 1. TYPICAL SECTIONS DRAWN LOOKING DOWNSTREAM.
2. DISTURBED BANKS SHALL BE ROUGHENED PERPENDICULAR
EXISTING TO SLOPE, COVERED WITH 3" LAYER OF TOPSOIL, SEEDED,
MULCHED AND MATTED WITH 780 G/M2 COIR FIBER MATTING.
PROPOSED 3. ADJUST GRADING LIMITS AS NEEDED TO PROTECT EXISTING
MATURE TREES NOT MARKED FOR REMOVAL.
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STREAM S4
TYPICAL
SECTIONS
SHEET 8 OF 10
TOP OF BANK
n
n
Q
V MIN
MATTING SHALL BE
780 G/M2 COI R
REMOVE ALL DEBRIS,
SCARIFY SURFACE, PLACE
TOPSOILAND SEED/MULCH
BEFORE PLACING MATTING
STEEL T-POST
FILTER FABRIC
WITH WIRE BACKING
COMPACTED BACKFILL l I I SIDE
EK
RUNOFF
.,
24" MIN.
MATTING PLACED FLUSH WITH BANK SURFACE, LAP
OVER DOWN STREAM / DOWN SLOPE SEAMS
12" WOOD STAKE PLACED IN
3' O.C. DIAMOND PATTERN
MATTING ANCHORED 1'
BELOW STREAM BED
1 EROSION CONTROL MATTING
9 NTS
d
WIRE BACKING
PROFILE
4" 111. 1 T NOTES:
1. SILT FENCE SHALL BE PLACED ON STREAM
SIDE OF ALL STOCKPILES.
SECTION 2. SILT FENCE SHALL BE REMOVED UPON
COMPLETION OF EARTHWORK.
2 SILT FENCE
i NTS
4' -
2 (TYP)
1.0
6 MIL PLASTIC SHEETING
ANCHORED TO GROUND
NOTE: MAINTAIN AT LEAST 1% FALLALONG PROFILE.
COBBLE PAD OR
WOODEN PALLET
OUTLET SHALL BE WELL
VEGETATED OR STABILIZED WITH
CLASS A STONE AS NEEDED TO
PREVENT EROSION
COFFER DAM; SAND BAGS W/
PLASTIC SHEETING
DIVERSION PUMP
SIZED FOR BASE
FLOW + 30%
FLOW
MAX DEPTH -1'
HDPE SHEETING HELD
IN PLACE ON TOP
WITH SAND BAGS
X
PROFILE
NON -WOVEN SILT BAG
II
WORK AREA*
10' MIN. FROM STREAM
SII T RAC-3
DEWATERING PUMP
AS NEEDED
TOE OF BANK (TYP)
TOP OF BANK (TYP)
VARIES
SILT BAG ON STONE PAD,
SEE DETAILABOVE
PROTECT EXIST.
BANK VEGETATION
FOR ADD'L FILTER
DISCHARGE TO
STABLE STREAM
BED AREA
*NOTE:
WORK AREA SHALL BE STABILIZED BY
THE END OF EACH WORK DAY
TOP OF BANK BANK TO BANK
STREAM BOTTOM MAX DEPTH
COFFER DAM
SECTION
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I SCALE: AS SHOWN I
3 TEMPORARY DIVERSION SWALE 4 PUMP -AROUND SCHEMATIC DETAILS
9 NTS 9 NTS
SHEET 9 OF 10
RIPARIAN SEED MIX
Seeding Rate = 20 lb/acre
Mulching: wheat or oat straw mulch applied at 2 tons/acre
Common Name
Scientific Name
Percentage
Deer Tongue
Panicum clandestinum
20
Big Bluestem
Andropogon gerardii
20
Virginia Wildrye
Elymus virginicus
20
Indiangrass
Sorghastrum nutans
20
Soft rush
Juncus effusus
20
IN. 2 NODES ABOVE GRADE
LIVE STAKE
TIN DIAMOND PATTERN
HARD SOIL OR STONE MAY
BE PRESENT SEE NOTE 1
BASEFLOW W.S.
3 NODES MIN.
SECTION
2 LIVE STAKING
10 NTS
TEMPORARY SEED MIX
Rate (lb/acre)
Rate (lb/acre) Applied
Application Dates
Common Name
Scientific Name
Applied
w/ Riparian Mix
Separately
August 15 to May 1
Rye Grain
Secale cereale
120
60
May 1 to August 15
Browntop Millet
Urochloa ramosa
40
20
18" MIN.
1 SEED MIXES AND
10 BUFFER PLANTING
TOP CUT AT 15'
AFTER
INSTALLATION
BUDS POINTED
UPWARD
1 /2" TO 2"
BASE CUT
AT 45 DEG.
LIVE STAKE DETAIL
LIVE STAKE NOTES:
1. FORM PILOT HOLE THROUGH HARD SOIL OR STONE TO
PREVENT DAMAGE TO STAKE.
2. LIVE STAKE MIX TO INCLUDE AT LEAST TWO OF THE
FOLLOWING SPECIES: SILKY DOGWOOD, SILKY WILLOW,
ELDERBERRY, NINEBARK, BUTTONBUSH.
3. LIVE STAKES SHALL BE INSTALLED DURING THE
DORMANT SEASON, GENERALLY DECEMBER THROUGH
MARCH.
O
O
a
m�
O
OI
Z
ZI
SEE PLAN
U
SCARIFY SUBGRADE PRIOR
TO STONE PLACEMENT
A
r
BARE ROOT TREE AND SHRUB PLANTING
MINIMUM DENSITY OF 400 STEMS/ACRE
COMMON NAME
SCIENTIFIC NAME
SPACING
(FEET)
Tulip Poplar
Liriodendron tulipifera
12-18
Sycamore
Platanus occidentalis
12-18
Tag Alder
Alnus serrulata
8-12
Ninebark
Physocarpus opulifolius
8-12
Witch -hazel
Hamamelis virginiana
8-12
Pawpaw
Asimina triloba
12-18
Bitternut Hickory
Carya cardiformis
12-18
0 I ELEVATION POINT, SEE PROFILE
MIX OF CLASS B
STONE AND
ON -SITE GRAVEL
&a L&-T AND COBBLE
1' (TYP)
PLAN
d
EMBED HARDWOOD BRANCHES
AND LOGS AS DIRECTED
MIX OF CLASS B STONE
AND ON -SITE GRAVELAND COBBLE
18" MIN. AFTER COMPACTION
SECTION A -A'
EMBED LOG/BRANCH
MIN. T INTO BANK
3 CONSTRUCTED RIFFLE
10 NTS
ti.01
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DATE: JUNE 2020
SCALE: AS SHOWN
DETAILS
SHEET 10 OF 10
Attachment C:
Representative Photographs
Photo 1. S3 and S4 will be restored/relocated to reconnect with Norton Prong via newly
constructed channels in the right (north) side of the excavated area.
Photo 2. Area of W4 to be restored; currently under approximately 10 feet of fill. Fill will be
used to reconstruct S3 and S4, as needed.
CESAW-RG-A SAW-2019-02248
Action ID Number: SAW-2019-02248
Permittee: John Meshad
Project Name: Meshad Property Norton Ridge Road
Date Verification Issued: June 16, 2020
Project Manager: David Brown
County: Macon
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: David Brown
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the
Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or
initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
CESAW-RG-A SAW-2019-02248
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued June 2, 2020. Action ID: SAW-2019-02248.