20100078 Ver 1_More Info Letter_20100308

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 8, 2010
Guy Pearce
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Subject: Request for More Information
401 Water Quality Certification
Elk Branch Stream Restoration Project
DWQ Project # 2010-0078
Mitchell County
Response deadline: April 5, 2010
Dear Mr. Pearce:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Application Item C. 3a provides that you intend to perform Priority 1 Restoration on 2,890
linear feet of stream channel. The enclosed Ecosystem Enhancement Program Restoration
Plan Review for the Elk Branch Stream Restoration Plan letter which provides a review of a
"Restoration plan for the Logan Creek Stream Restoration Site." Additionally, this letter
concurs with 2,811 linear feet of restoration. You must clarify in the application the amount of
stream restoration that will be performed, how much mitigation credit is being sought, and on
what stream mitigation credit will be awarded.
2. Application Item C. 3a provides that you intend to perform Priority 1 Restoration on 2,890
linear feet of stream channel. Priority 1 restoration is defined as providing a new pattern,
dimension, and profile by the Stream Mitigation Guidelines. Your submitted plans show that
profile will be altered via the installation of step pools. You have not provided for pattern nor
dimensional channel changes. Please modify your request in accordance with the Stream
Mitigation Guidelines to reflect the type of work proposed.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Am4rallil
Guy Pearce
March 8, 2010
Page 2 of 3
3. The submitted plan provides for a series of wooden step pools throughout the valley. As particle
size is relatively small, and discharge velocity would not move large particles, when the log
structures degrade and collapse, there will not be significant particles in the system to hold the
step pools together. Without further information, assumptions of long term stability from the
plan review cannot be made. You must submit reasoning / plans for this eventuality as part of
your narrative.
4. The receiving streams are classified as C, Trout. Your plan does not discuss working outside the
trout moratorium. You must submit how the trout moratorium will be complied with as part of
your narrative.
5. The submitted plans do not meet the PCN instructions required 1:50 scale, full sized plan sheet,
requirement. Additionally, details regarding stream location (both current and proposed) are not
clear. Plans meeting the requirements of the PCN application instructions must be submitted as
part of this request.
On February 23, 2010, Mr. David Baker, along with Kevin Barnett of this office, performed a site visit. The
following is a summation of the observations of that visit:
• The lower section of Elk Branch is within 30 feet to the paved road surface. Full buffer credit cannot be
awarded for any buffers which do not meet the Stream Mitigation Guielines.
• The upper reach of Elk Branch (along pasture containing blue house) appears to have been historically
rerouted against the valley wall, has a dense woody buffer on the uphill side, lacks buffer on the pasture
side, and has defined cobble / gravel riffles. Abundant stone and may flies along with prolific aquatic
snails were also documented within this area.
• The main channel of Elk Branch appears stable in profile above and below Annie's Cove. No headcuts
nor down cutting (degradation) were observed.
• The only significant channel instability was at the Annie's Cove / wetland area.
This office suggests that prior to committing a significant amount of time developing a response to the
information request above, that consideration to a lesser impact, bank and buffer enhancement for the majority
of this project be given. Additionally, based upon the number of comments and additional information
requested, a pre-application meeting with all agencies involved, may be appropriate for future projects.
Please provide your response in writing to the addresses below prior to close of business on April 5, 2010. Four
copies of the required information should be provided to the 401 Permitting Unit at:
Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
Guy Pearce
March 8, 2010
Page 3 of 3
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Kevin Barnett 828-296-4657, if you have any questions.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Micky Clemmons - Michael Baker Engineering, Inc.
David Baker - US Army Corps of Engineers Asheville Field Office
Ron Linville - North Carolina Wildlife Resources Commission
Ian McMillan - 401 Permitting Unit
County Planning
ARO File copy
S:\S WP\M itchell\401 s\Non-DOT\ 10-0079.EIk13 ranch\ 10-0078. Add Info. El k13 ranch. 03-05-2010. doc