Loading...
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) 0 'fi9h�vgds JProject Boundary Trl Run '? od06 0110 NPadrp entry Club oUntry Clot Of c Ma9� ni �. 6 *,,k-,jde M0 u11 4,4Vd Vieor L'„r" �aldotn 1� ` z Wo� �tio� e dDr Q �� i a p ,. dNil}` Loy' a oA ROfa � Rrvej�}k `;. Fa11s D a�can� i N 40 St' Dv kli,) R o C d "'nter Dr 0a� n y N V� cA& f^ - p?k C OfHickory St Uv e R � n oc Law t� no4 �C,. p he,t i r a Highlan�S Splr� 0 0.25 0.5 1 I Project Boundary 106 ings1 R:: Miles Drawn by: TJK 1.7.20; CEC Project#1089 , Macon County, CLearWater Vicinity Map North Carolina 32 Clayton street Figure 1 Asheville, North Carolina 28801 Norton Ridge Road NOV (+/- 5.5 AC) w IN I Stream Stream Impact Wetland ® Wetland Impact OC ® Wetland Restoration Area LOD Excavated Area Project Boundary ---Drawn by: TJK 4.28.20; CEC Project# 089 Macon County, North Carolina Stream Restoration Area I See Attachment B v a,. N 0 A \-LearWater 32 Clayton Street Asheville, North Carolina 28801 4 W4 W4 i �Wetland Restoration Area 0.151 acres of fill to be removed and planted. Species information can / be found on Sheet 10 of Attachment B. r l� I ) I� I �II O t r t � J � 0 25 50 100 Feet Corrective Action Plan Figure 2 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 or :co fflk 0 Eo O v W� 0U Q 11J Z 3 w 2 CJ � [a U) W uw m _ � U Z Z z 000 Q D_ Z Z 0 0 Z ~ ~ z w00 E Z U U Z w 0-0O �0< c/)� DATE: JUNE 2020 SCALE: AS SHOWN TITLE SHEET 1 OF 10 n n Q 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. uiz CD Z Z OEU Qn Z �Z� OOz woo E Z C) U Z w m O 1_O5 c/)� 0 Eo 0 v �U � o z � J U) J (B W m � U z DATE: JUNE 2020 SCALE: AS SHOWN NOTES AND SYMBOLS SHEET 2 OF 10 n n Q 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. LLIz !— Fr QLa �w z Qz Ww 2 Lul OU aZ 0 ELo o 0 v �U � o T z � J U) J m w a) m � U z DATE: JUNE 2020 SCALE: AS SHOWN CONSTRUCTION SEQUENCE SHEET 3 OF 10 . . �« •� - a At a&�mm-1 _ / 0( s ', f . s 7r � ;^ �a o co Z 0' 20' _ O ESTABLISHED z > = RIPARIAN BUFFER W V • t ��•r .ee.�-jWo Lu 2w �i a CY ' x � I OO c O FORMER STREAM - W E Lo p s ALIGNMENTS "' s� o " 1 o Qw z z J ❑ iJ 3 co Q z -0 J W Ul m Ill N m _ � U ESTABLISHED z RIPARIAN BUFFER ` TEMP. DIVERSION SWALE, SEE SHEET 6 CD Z Z o0Z CONST. HAUL ROUTE H a Q Z oO o woo of Z U M O C� O � O cq O 00 O 0) O Z O 3901 t + O O Oco co � O O O t Q CD t o Oo � NO 00 � +o O � O �o O �0) 3901 Q o M M O M O co — O —co — 0) —M + O �O CQ c NM M in -- 3899 — — No 0) � 0) `oC) � NO O 3899 Z) OM �0) n0) + O _ DATE: JUNE 2020 co � co M coo co 38972 - - 3897 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 0' 20" - 4 60 w z z O .�► o_ (n W cn ► w O J w Q m U r �r A W Z F n � � r e WrIjs FORMER STREAM 0 ALIGNMENTS V) E Lo CD _ 0 o q �ESTABLISHED Q uj z J► RIPARIAN BUFFER z J ❑ta 0 U n Lu 2 w a) co U i CONST. HAUL ROUTE z 1 z z O00 O� �z> 0 oz i w0O z U cl (Dz Q m O m CD CD �O< uj DATE: JUNE 2020 SCALE: AS SHOWN S4 PLAN & PROFILE SHEET 5 OF 10 3902 p p � � � COO COO O p OM � M �� �� OMOp �� co O O _ 3900 tOM MOpO � �CA p p Op0 t Ln f� O � p + � �O � � �M t p t p CA 3898 ri — CO CAco O � M N M t p t (h Cp O p --� — p p —— -- --- M� � O Ln Co N O — — N co M M � p +� �. t� N p 0 \ 3896 z —vi M M pp N p NCO CA 0+00 0+50 1 +00 1 +50 M 2+00 p "' �° 2+50 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 O in RESTORED STREAM S3; . I 163 LF +/LLJ o 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 *• TO CROSS STREAMS °' o Q w z ON %1=1` 6� o z � J Q c� z J NO=,p U) W w ca w U x z q�Q�iFAp STAGING �� �, LO�'� qQ AREA k, PROP. LIMITS ON- z DISTURBANCE; 1.3 AC +/- 1 \ o � Z EXISTING TROUT BUFFER cn ()� � f ON BIG NORTON PRONG Lu z0 U �1 Q -0 co U �O< c/) H 1010-1 1%,61 @:N44Vhj I DATE: JUNE 2020 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. U) Ix 43 wz (D Z Z O�U Q a Z IY Z OO F-? Lu O w Z U C.9 Z wm0 O U) H Z) I SCALE: AS SHOWN I 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. w Q U7 o z 0 o (� � W u n c� - w 0 .ee.��0.lh r� w.�i1Ln eL i-,�,7 LLI Ix0 w z (D Z Z 00U 1-7 ry Z 0 Z wry 00 0-- Z U U Z wm0 �0< U 0 EC) o�T �U � o z cn � J U) J a) m � U z I DATE: JUNE 2020 I I SCALE: AS SHOWN I 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 w Q U7 o z O_ o (� � W u r c� y w 0 .ee.��0.lh rf'r� w.�i1Ln �L Lu Ix0 Wz a� z az LU !u U zz O0U QCLZ or Z H 0 O Z � ~ z w00 E Z U 12 U Z wm0 O < W� 0 E Lo 0 v �U � o z � J U) J coo W a) m � U z I DATE: JUNE 2020 I 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 d d Q 0 +n E � Ix 43 0,7 W z a, U ¢w Z 3W 6 N U Q J LU W N W _ � U Z 0 Z Z OWU Q a Z Z H O OW? LU O W Z U Z wm0 �O< (n H Z) 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.