19960283 Ver 1_Complete File_19960326

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
144 ;03
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April 2, 1996
Madison County
DEM Project # 960283
APPROVAL of 401 Water Quality Certification
Mr. Danny Tolar
N.C. Dept. of Transportation
P.O. Box 3279
Asheville, NC 28802
Dear Mr. Tolar:
You have our approval to place fill material in 0.06 acres of wetlands or waters for the purpose of
stabilizing the streambank of Spring Creek, as you described in your application dated 19 March 1996.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2665. This certification allows you to use Nationwide Permit Number 13 when
it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
Pr ton Howard, Jr. RE
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
960283.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
401 ISSUED
P.O. Box 3279
Asheville, N.C.
March 19, 1996
Mr. David Baker
U.S. Army Corp. of Engineers
Regulatory Field Offfice
151 Patton Ave. Rm. 143
Asheville, N.C. 28801-5005
SUBJECT; N. C. 209, Madison Co.
Dear Mr. Baker:
960283
1
We are providing a package of design sketches concerning wetlands that
will be impacted by this project. We have enclosed a completed N.C D.E.M.
application for your use.
We are planning on ripraping the west bank of Spring Creek in two
different areas to help stabilize the roadway and to help eliminate erosion
problems along said creek. We will be working within the twenty five foot buffer
zone of this creek which is a designated trout stream.
By copy of this letter, we are seeking comments from Wildlife Resources
Commission and the Area Roadside Environmental Engineer concerning this
project.
If you have any questions or comments concerning this matter, please
feel free to contact J.N. Jarrett or myself of this office at 704-298-2741.
Thank you for your cooperation and assistance in this matter.
Sincerely yours,
lac n? F\. To zco-
Danny R. Tolar
District Engineer
cc: Mr. Eric Galamb, Div. of Environmental Management
Mr. David Yow, Dist 9 Environmental Coordinator .01
Mr. Ed Ingle, Area Roadside Environmental Engineer ?A&
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0 North Carolina Wildlife Resources
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-33 le n C' -
Charles R. Fullwood, Executive Director
February 21, 1996 `
Mr. Eddie Fox, Coordinator
Madison County Emergency Management
P. O. Box 579
Marshall, North Carolina 28753
SUBJECT: Recommendations for off stream flood damage control measures and stream bank
stabilization, Spring Creek Community, Madison County, North Carolina
Dear Mr. Fox:
This letter responds to your request for our recommendations on measures to control
flood damage to residences on Spring Creek and to stabilize eroding stream banks. Our
comments are based on our February 14, 1996 inspection of damaged properties. These
comments are provided under provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d) and are copied to the U. S. Army Corps of Engineers in
anticipation of possible actions under Section 404 of the Clean Water Act of 1977 (33 U.S.C. 466
et seq.). They represent our preferred alternatives for alleviating flood damage at each of five
problem sites identified during our inspection, and are based on our knowledge of fish and wildlife
habitat values present in the project area.
Upper site: river bank overflow above Decker home and other residences - In this area,
high water has spilled over into highway ditches, traveling downstream along the highway and
overwashing residential properties before re-entering the river. We are concerned that
constricting or deepening the channel in this area will worsen flooding problems downstream.
Therefore, we recommend that a rock berm be constructed to prevent water from entering the
roadway. This rock berm should be constructed of large (2-3 feet diameter or larger), angular
riprap (not river rock) and should be set back at least 50 feet from the stream. The berm should
then parallel the stream at this distance until it is far enough downstream where level floodplain
exists on the far side of the creek, where it should taper back toward the stream. No channels
should be excavated in conjunction with this berm; flood waters should be allowed to sheet flow
i1w A
back into the stream A smaller similar berm may be placed downstream of the existing drainage
ditch near the Decker residence.
Accumulated deposits near the Decker Barn - The large cobble and gravel bar that has
accumulated here may be removed down to ordinary water level, leaving a small strip of rock on
the stream edge to prevent sedimentation during excavation. Care should be taken not to
excavate below water level, because this will direct stream flow back toward the Decker barn.
Mobile homes near Baltimore Branch - The eroding streambank on the opposite side of
the creek from the mobile homes should be stabilized. with clean angular stone, backfilled,
replanted with willow cuttings, and fenced against livestock (preferably to create a 25-foot buffer
strip). Elevation of mobile home foundations or relocation of structures to higher ground should
be investigated for funding.
Bank erosion near highway - This area should also be stabilized with clean angular stone.
Because a transportation right-of-way is involved, work here should be coordinated with Mr.
Danny Tolar, North Carolina Department of Transportation, at [phone].
Lower site: flooding of residence at existing ford near Liberty Church - stream channel
here is broad and unobstructed. Deepening of the channel would not alleviate flooding and would
also make the stream unfordable for residents. As in the Baltimore Branch area, the possibility of
berming, elevating, or relocating the affected residence should be investigated for funding.
In the areas of flooding problems, Spring Creek has been manipulated in the past to allow
use of the flood plain for agriculture and residential development. It is likely that the 1977 floods
returned the stream to a state of equilibrium with respect to the bedload of rock and sediments.
Any dredging activities would have no long term benefit and would likely involve greater cost
than the procedures recommended above. Because such dredging operations have limited benefit
and catastrophic environmental consequences, we recommend that alternative methods, such as
those proposed here, be explored.
We believe that the measures described will alleviate chronic flooding of residences and
roads in the problem areas. Residents should be aware that the broad, flat areas in the Spring
Creek valley are naturally prone to flooding, and that rare, exceptionally heavy storms will always
result in damage to structures and crops in the floodplain areas. Such flooding problems can only
be permanently solved by relocating residences out of flood-prone areas.

Thank you for the opportunity to review and comment on this project. I will be happy to
work with you and local residents on specific site plans for the proposed measures as such plans
are developed. If you have questions regarding these comments, please contact me at (704) 274-
3646.
Sincerely,
i?Z
David L. Yo'
District 9 Habitat Biologist
cc: Micky Clemmons, District 9 Habitat Biologist
David Baker, U. S. Army Corps of Engineers
Danny Tolar, N. C. Department of Transportation