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HomeMy WebLinkAbout20070506 Ver 1_More Info Received_20070413'" ~ i E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 F,ac.828.281.3351 www.altamontenvironmental.com April 11, 2007 p 7 0 5 0 6 Mr. Steve Chapin Ms. Cyndi Karoly US Army Corps of Engineers NCDENR, Division of Water Quality 151 Patton Avenue, Room 208 401 Wetlands Unit Asheville, NC 28801-5006 1650 Mail Service Center Raleigh, NC 27699-1650 __ i Mr. Kevin Barnett Mr. David McHenry NCDENR, Division of Water Quality NC Wildlife Resource Commission Asheville Regional Office 20830 Great Smoky Mountain Expressway 2090 U.S. Highway 70 Waynesville, NC 28786 Swannanoa, NC 28778 Subject: Re: DWQ Request for more information Streambank Stabilization DWR-OS-Tributary to Buck Creek / Lail Property Streambank Stabilization Polk County, North Carolina Dear Mssrs. Chapin, Barnett, and McHenry and Ms. Karoly: In regards to the attached letter from the Division of Water Quality which was received March 27, 2007 requesting more information, Altamont Environmental, Inc. (Altamont) is resubmitting the application on behalf of the Polk County Soil and Water Conservation District. The most current Pre-Construction Notification application was used and you should find it complete and with accurate information. In the future, if there are any other questions or concerns regarding the permit application, please submit all inquiries to Joel Lenk or Stu Ryman with Altamont. Enclosed please find the pre-construction notification (PCN) for streambank stabilization on property owned by the Lail family in Polk County. Work applied for in this permit includes streambank stabilization and debris removal. The project site has been identified by the Polk County Soil and Water Conservation District as one area eligible for North Carolina Department of Environment and Natural Resources (DENR), Division of Water Resources (DWR) Water Resources Development Project Grant funding. The State of North Carolina has recently provided funding through the DWR for damaged areas that were not addressed by the federal Emergency Watershed Protection (EWP) program. The project area consists of approximately 185 feet of streambank located on river right of a tributary to Buck Creek in the community of Sandy Springs. Plans for the project area include stabilization of 60 feet of collapsed and eroding streambank and restoration of riparian vegetation on river right along the entire 185 feet of the project. Planting of native trees and shrubs will increase the width of the riparian corridor along the stream to a width no less than 20 feet from the edge of water along the tributary. A site vicinity map is included as Figure 1 of the attached PCN document. A Site Plan is included as Figure 2 and Photographs and Descriptions of the site are attached. The tributary to Buck Creek is classified by the DENR as "C" waters throughout the project area. P:\Polk SWCD NRCS\Polk DWR nroiects 02-08\Lail Site-DWR-OS\Lail PCN cover letter Rev 1 04-2007.doc Mssrs. Chapin, Barnett, Karoly, McHenry April 11, 2007 Page 2 of 2 Mr. Ryman has signed the application as an authorized agent for Polk County and the property owner. A letter of authorization is attached at the end of the PCN document. Altamont appreciates your review of this application. If you would like additional information, please contact the undersigned. Sincer , , s,A ~t~~ Stuart A. Ryman, P.G. Enclosures: PCN- DWR-OS-Tributary to Buck Creek / Lail Property Streambank Stabilization Figure 1-Site Vicinity Map Figure 2-Site Plan Photographs and Descriptions Copy of Request for More Information Letter from the Division of Water Quality cc (letter only): Polk County Soil and Water Conservation District P:\Polk SWCD NRCS\Polk DWR nroiects 02-08\Lail Site-DWR-OS\l,ail PCN cover letter Rev 1 04-2007.doc Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. ~ ~ 0 5 ~ 6 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 13 and 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2sr ~~t` t~gtat~~, ie,~~)C here: ^ ¢ s . _ .__. ~,1 ~ . ~~..~~ II. Applicant Information ,r~~'r' .,: ~ t_ ~ 41 ~~ r Owner/Applicant Information 7r.r;: ~~: ~?~~ ~ ~ ~ r~~: Name: Landowner: Ryan and Esther Lai Anb~ican~"Folk Countv Soil and Mailing Address: 1051 Sand~prings Road Water Conservation Columbus, NC 28722 District 828-863-4445 PO Box 236 #4 Annex Columbus NC 28722 Telephone Number: 828-863-8550 Fax Number: 828-894-2231 E-mail Address: sandra.reid(a,nc.nacd.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Stuart A. Ryman Company Affiliation:__ Altamont Environmental, Inc. Mailing Address: 50 College Street Asheville, NC 28801 Telephone Number: 828-281-3350 Fax Number: 828-281-3351 E-mail Address: sryman(a~altamontenvironmental.com Page 5 of 18 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: DWR Project OS-Tributary to Buck Creek / Lail Property Streambank Stabilization 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): P 132-34 4. Location N/A County: Polk Nearest Town: Columbus, NC Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From I-26 east, exit at the Columbus/Tryon exit #161 and follow the sins to Highway 74 east to Charlotte. Follow 74 and get off at exit 167 at the intersection of Highway 9. At the end of the exit ramp turn right (south) on Highway 9 and follow it approximately six miles and turn left (east southeast) on to Chesnee Road in the Green Creek community. Follow Chesnee Road approximately and one half miles and turn ri~ht~south) on to Sandy Springs Road. The site is located about 1 mile down Sandy Springs road on the left (east) behind the Lail residence at 1051 Sandy Springy Road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 035°11'40.87" °N 081°58'52.89" °W 6. Property size (acres): ~ 1 acre, disturbed acreage is 0.04 acres 7. Name of nearest receiving body of water: Buck Creek 8. River Basin: Broad River (Note -this must be one of North Carolina's seventeen designated major river basins. 'The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 18 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The proposed project site consists of a residential area and is located in the back yard of the Lail residence. Surrounding land consists of rural residences and farmland. The tributary to Buck Creek was significantly damaged by hurricanes Francis and Ivan in September, 2004. This condition coupled with storm events more recent than 2004 have left the Tributary to Buck Creek streambanks in anon-vegetated erodin sg tate. The project area is located on the Lail property and runs alongside the tributary in the stream and riparian corridor for approximately 185 feet. The project area is bounded at either end by another spring fed tributary at the upstream extent of the project and a culvert passing beneath a private drive at the downstream end of the project area. Many damaged areas along streams and rivers throughout the southeastern United States were repaired through funding_provided by the Natural Resource Conservation Service (MRCS) as part of the Emergency Watershed Protection (EWP program. The NRCS pro rg_am required economic justification for discrete repairs and primarily addressed flood damaged areas adjacent to homes or commercial agricultural areas. As a result, some severely eroded streambanks adjacent to undeveloped land were not addressed by the EWP program. The State of North Carolina has provided funding through the DENR Division of Water Resources (DWR) Water Resources Development Project Grant program for damaged areas that were not addressed by the EWP program and target streambank that are actively contributing sediment to waters of the U.S. reducing water quality. The Lail site has been identified by the Polk County Soil and Water Conservation District as one area eli ibg le for DWR fundingproject area extends 185 linear feet, and planned bank stabilization and riparian planting will address 185 feet of bare eroding bank and poorly vegetated areas located on river right of the referenced stream. The tributary of Buck Creek is classified as "C" waters throughout the project area. 10. Describe the overall project in detail, including the type of equipment to be used: SUMMARY Streambank slopes along Tributary of Buck Creek will be made less steep with the use of a track mounted excavator and will be adjusted to a final slope of approximately three horizontal to one vertical in areas accessible to heav~quipment without damaging existing quality riparian vegetation. A bench will be installed at or slightly above bankfull elevation to provide floodplain for the incised stream. In areas where lar eg living trees are too close to the existing bank to allow for such a slope, the slope will be softened as much as possible with out causing damage to trees that are holding the bank in place. Root wads maybe installed just upstream of areas where the bank is steeper to deflect and dissipate stream flow away from the bank and provide habitat. Toe areas of the repaired slopes may be reinforced in higher stress areas with large angular boulders. In these areas one row of boulders will be placed in a footer trench. The footer trench will be lined with, and rock toe protection will be backed with filter fabric. Depending on the vulnerability of the area, another tier of large boulders may be placed on top of the footer rock and set back approximately one-two feet in order to match the slope of Page 7 of 18 the streambank. Void spaces behind the footer and tiers of rock will be back-filled with material that was excavated during the installation of the footer trench. When backfilling is complete excess filter cloth protruding from between the boulders and the backfill will be trimmed to an elevation slightl~gher than the elevation of the top of the boulder toe protection. Single veins and cross veins constructed of either large angular rock or hardwood tree trunks may be used to help turn flow in streambends and protect streambanks in high stress areas on the outside of turns in the stream. Live fascines may be buried in the streambank where feasible at an elevation approximately equal to bankfull. Fascines will consist of bundles of a variety of live stakes taken from native species of trees. The live cuttings used for fascine bundles will be no larger than one inch in diameter and will be approximately three to four feet in length. Tips of live cuttings will be oriented in the same direction but cut to va .ping lengths before placement in the fascine bundles. Fascine bundles will be bound together with heave biodegradable twine and placed in trenches with the tips facing in an upstream direction. The live Fascines will take root and quickly begin to anchor and further strengthen the toe of the streambank slope soon after installation. After the streambank slopes are adjusted, and toe protection consisting of boulders, rootwads and fascines is installed, disturbed non-vegetated areas of the project will be hand seeded with annual rye or similar grain. Coir and Jute matting will be installed over the areas of bare soil, trenched in on all sides, and held down by wooden and live stakes. Seeding of these areas with a native seed mix will follow, and caution will be used to keep seed and mulch and out of the river and above the typical high water elevation in order to reduce the risk of eutrophication. Finally the remainder of poorly or non-vegetated streambanks will be planted with a variety of native bare-root, container and live-stake trees and shrubs to a width no less that 20 feet from the waters ed eg along~the reach of the project area. All plantings will be watered in after installation and subsequently, as needed. These plantings will help re-establish riparian vegetation within the project area reducing sediment load to the stream, providing a more stable streambank and future shading of the river channel. Trees and shrubs will be purchased and planted while dormant in order to increase survivability. The project may include removal of debris (i.e. lar eg trees) from the stream channel that is currently obstructing water flow, limiting hydraulic capacity of the river channel and is forcing flow into unprotected banks. Debris that is stable and is situated such that it is protecting vulnerable banks will be left in place. Trees removed as debris and their root balls may be used for bank stabilization and as aquatic and terrestrial habitat as rootwad structures in several locations within the project area. Rootwads are planned for use where the existence of large live trees will not allow rg ading of the streambank to a preferable three horizontal to one vertical slope. Trees selected for rootwads will be cut 15 to 20 feet up the trunk from the roots and sharpened to a point with a chainsaw. In locations were rootwads are used a trench will be excavated lar eg enough to burry a footer log parallel to the streambank at the toe of the slope. The rootwad will be inserted sharpened trunk first in to the bank and the trunk just above the roots will rest on the footer log. The rootwads will be oriented so that stream flow is deflected away from the streambank to protect large living trees in these locations. Placement of the rootwads at an an lg a approximate) 7~ 5 degrees Page 8 of 18 from the upstream bank will provide deflection of streamwater in an effort to preserve near- bank, mature, live trees. Rootwads and footer logs will be installed so that the bottoms of the structures extend to the maximum scour depth of the channel and the top of footer logLand bottom of rootwad log are roughly the same elevation as the stream invert. Rootwad trunks will be inserted into the streambank by a track mounted excavator so that the root ball is exposed and at least two thirds of the trunk is buried in the bank. Rootwads and footer logs will be backfilled with material excavated from footer log and rootwad trenches and where necessary will be stabilized on either side with large angular rock or rid rap. Equipment used to accomplish the above tasks will include: rubber tired back-how /loader, a track mounted excavator with hydraulic thumb, one or two 15 ton dump trucks, and hand tools. A wood chipper may be used to reduce the amount of debris to be hauled away from the site and minimize potential disposal fees. Wood chips may be used to mulch areas beyond the top of bank. DETAILS The following activities are proposed within the project area: An area adjacent to a tributary of Buck Creek within the Lail property located in Polk County, North Carolina has been identified by the Polk County Soil and Water Conservation District Office as eligible for monies provided by the State of North Carolina through a DWR grant. The Polk County Soil and Water Conservation District Office and Altamont Environmental, Inc. (Altamonteplan to stabilize over-steepened streambanks and restore the riparian buffer along this 185 foot reach of stream. The structures proposed for streambank stabilization at the site are: Rootwads, Rock Toe Protection, Single and Cross Veins, and Live Fascines. These structures coupled with softening of the streambank slope and benching near the bankfull elevation should provide a lasting repair that leaves the project area in a more natural state of equilibrium. Once the streambank is stabilized native species of herbaceous plants, shrubs and trees will be planted on the streambank and disturbed areas of the site. Site vicinit~~eneral locations of streambank and channel repair areas are provided in Figure 1. Across-section showing both the existing streambank and proposed construction plans are included on Figure 2 as well as a plan view and longitudinal profile of the stream within the project area. Plans for construction of specific structures are include as Attachment A. A representative photo with typical construction plans superimposed for the damaged streambank area is included as Figures 3. • Before construction at the site begins, existing live trees and vegetation that are identified as stabilizing_the streambank will be flagged to be left in place. Project area boundaries will also be identified and marked. • Some removal of organic and non-native material from the channel may be necessary in areas where the hydraulic capacity of the stream channel has been reduced based upon on site observations and evaluation of existing cross-sections. Page 9 of 18 • Using_the track mounted excavator and the backhoe, streambank slopes within the project area will be adiusted from their near vertical state to a slope of approximately three horizontal to one vertical or flatter except where lar e~~ trees close to the bank prohibit grading. In these areas rootwad structures may be installed and slopes will be softened as much as possible. A bench will be installed at or near bankfull elevation to provide floodplain for the incised stream. Some adjustment of the slope before installation of structures will allow for easier access to the project area, will compact the slope and will eliminate the need to access the streambank from the water. • Debris eg nerally consisting of trees, stumps and woody material will be removed from the stream channel using the track mounted excavator equipped with a hydraulic thumb. Rootwad structures are not recommended in areas where there is less than 15 percent silt and clay content in streambank soils. • The excavator to be used for this project will be a 100 series or comparable machine. Woody debris removed from the channel will be reused as rootwad structures or disposed of either as firewood, chipped into mulch, hauled to an appropriate landfill or some combination there of. • For streambank areas where rock toe protection is used, a footer trench will be excavated at the toe of the slope. The footer trench will be excavated to a depth of approximately two feet or deep enough to bury each footer rock to a depth equal to three-quarters of its thickness. Ideal dimensions for large angular rock to be used at the site are approximately three feet by two feet by one feet or larPer. Footer trenches will be dui in a downstream to upstream sequence in order to limit the amount of sediment discharged to the stream and limit the flow of water into the trench. Footer trench lengths will be dug in sections equal to the width of the filter cloth to be used for the project in order to limit disturbance of the channel bed material. Completing_the project in sections will limit the number of times the trench will have to be re-excavated due to sediment washed in by the stream. Footer trenches at their upstream and downstream extents will be keyed into the streambank so that during_periods of high flow, water cannot aet behind the rock toe protection and compromise the structure. • After a section of footer trench is dug, filter cloth will be placed in the trench and a sufficient amount of cloth will be extended up the streambank to back the footer and next tier of rock once it is placed. Footer rock of a size described above will then be placed in the trench securing the bottom of the filter cloth in place. • After the footer rock is placed the filter cloth will be held up so that it backs the footer rock while the void behind the footer is backfilled with material that was excavated from the trench. • Aaain the filter cloth will be laid on the streambank while the first tier of rock is placed atop the footer. This first tier of rock will be placed partially on the footer and partially on the backfill, set back in a manner to match the three to one slope of the streambank. • Once the first tier of rock is placed on the footer, the filter cloth will again be held up so that the remainder of the rock structure can be backfilled. • If live fascines are selected to be used for the project, a trench approximately one foot by one foot will be installed just above the rock toe protection structure. Live fascines will be installed in the trench and the trench will be backfilled. Fascine trenches will be excavated to dimensions slightly smaller than the fascine bundle, so that the top of the fascine is exposed. Live stakes will be driven through the fascines to secure them in Page 10 of 18 place. Subsequent Growth of the fascines will further stabilize the toe of the streambank as roots interlock with soil, matting and rock in these locations. • After streambank slopes are adjusted, construction of rock toe and rootwad structures is completed and fascines are installed all disturbed areas will be hand seeded with annual r~grass or a similar grain. Coir mat will be installed over the completed fascines and bare soil near the toe of the streambank and will extend up the streambank to an elevation above bankfull elevation. Jute mat will be used on the upper portion of the slopes to stabilize soils durin ing itial growth of vegetation. On-site temporary seeding and mulching will occur on the remainder of bare soil within five days of ground disturbing activities to provide long-term erosion control. • When the construction portion of the entire project area is complete all disturbed areas will be seeded with a native riparian seed mix above typical high water elevation. Care will be taken to keep seed mulch, and fertilizer out of the stream to prevent the risk of euotrophication downstream. • Post-seeding disturbed areas will be planted with a diverse variety of bare-root, container and live-stake native plants, shrubs, and trees based on observations made of plants that are naturally occurring within the stream corridor or could exist with in the region. Planting will conform to the guidelines prescribed in the NCDENR Ecosystem Enhancement Program Guidelines for Riparian Buffer Restoration. Re-seeding will be conducted as necessary with a native annual and perennial seed mix with a temporary nursery cry of wheat millet, or other grain. Woody vegetation will be planted during the appropriate planting season. Plantin ig s expected to take place no later that early May Stabilization of streambanks will require placement of material in wet conditions. In such cases sand bags or the equivalent, will be used to deflect water flow away from the work area as well as prevent water from accumulating in the work area. Standard erosion and sedimentation control measures will be utilized throughout the project. Care will betaken to avoid adverse affects to adjacent or downstream property owners. At the work site work shall proceed from downstream to upstream to reduce sediment loading: Staging areas for equipment and material will be placed in upland areas away from surface water and out side of the floodplain. Work will proceed as follows at the work area (as applicable). 1. Flag the work limits. 2. Mark live trees and shrubs to be protected. 3. Construct temporary construction entrance /exits, where necessary. 4. Place erosion control fencing and other protective measures as necessary. S. Inspect and maintain repairs. 11. Explain the purpose of the proposed work: Work being conducted by the Polk County Soil and Water Conservation District Office and Altamont, is being funded through the North Carolina Division of Water Resources grant. The grant is intended to fund projects in Page 11 of 18 hurricane damaged areas that were not addressed by the federal Emergency Watershed Protection procram. The purpose of the project in this specific area is to stabilize the streambanks restore and widen the riparian corridor along the banks of the tributary to Buck Creek within the project area and to reduce the amount of sediment entering the stream by reducing erosion of the streambanks. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include streambank stabilization and riparian buffer widening and enhancement. Precautions will be taken to keep heav~quipment out of the stream channel except where absolutely necessary to install bank stabilization measures and retrieves debris. Work will be conducted in the dry to the extent practicable. Sediment and erosion control measures, including_sand bags, silt fences and reseeding will be utilized to minimize sedimentation and erosion. Page 12 of 18 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: None 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding,. relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 1 Tributary of Buck Creek Streambank stabilization and riparian buffer restoration Perennial 16 ft @ bkf 185 0.07 Total Stream Impact (by length and acreage) 185 0.07 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 13 of 18 Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.07 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 185 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. On behalf of the Polk County Soil and Water Conservation District, Altamont will provide .contractors engaged in the implementation of this work both written and verbal instructions of all impact avoidance statements provided below All heav~quipment will be kept out of the stream channel during streambank Page 14 of 18 stabilization work and debris removal except where absolutely necessary to complete work. Disturbance of the channel bottom streambanks and equipment access areas shall be held to the minimum necessary to allow for implementation of bank stabilization work. Temporary grass cover shall be planted on all bare soil within 5 days of ground disturbing activities. Straw mulch and tall fescue grass will not be used in riparian areas. Herbaceous, woody shrub and tree vegetation will be installed on the streambank upon completion of bank stabilization work. Altamont will provide a site manager to routinely inspect and supervise contractor work to help ensure impact avoidance instructions are being followed. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A Page 15 of 18 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note:. If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No Page 16 of 18 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendiculaz from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration ~ type of mitigation is proposed (i.e., F,nhancement. or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious acreage will not change at the protect site and other than the asphalt driveway to the Lail residence and the asphalt~rivate drive over the culvert at the downstream extent of the project area; impervious surfaces do not exist at the site. Erosion and sedimentation prevention and control will be maintained during and after construction of the prof ct primarily through proper water management, construction sequencing proper staging and stockpiling of materials and by maintaining suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be stored in areas that could be flooded during this project. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will not be generated as part of this project. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Isthis anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) identified Page 17 of 18 Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However; an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~/-~r-~~ Applicant/Agent' Signature Date (Agent's signature is vali only if an authorization letter from the applicant is provided.) Page 18 of 18 ACCESS AGREEMENT The SWCD is requesting access to the property for the purpose of assessing and repairing damage to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan and more recent storms. The repair work will include some or all of the following elements: -Streambank Stabilization -Debris Removal -Native plant Re-vegatation -Exotic/Invasive plant removal SWCD and the Property Owner agree: 1. Property owner grants permission to SWCD and its contractors and agents to enter upon their land for the purpose of assessing and repairing the flood damage caused by Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress and egress on the land for the purpose of maintaining the emergency ~r~orks for the period of one year from the date of completion. 2. Property owner grants penilission to SWCD and its contractors and agent to conduct stream stabilization measures, which may include debris removal, stream bank stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation. ~_ CW(`~l agrees to ~nmr~ly ~n~itlZ ln~al~ state, and federal laws applir.ablP tp the wnrlr~ and further agrees to exercise due care and caution in the performance of all work on the Property. 4. This Agreement constitutes the entire understanding between the parties. All prior agreements or understandings, whether oral or written, are superseded. This Agreement may be amended only by a written document duly executed by the parties. 5. The proposed measures are intended to repair flood damage to the stream and to return affected areas to pre-flood conditions. Repair and/or improvements to structures are not part of this project. Damaged bridges, driveways, and eroded fields are not addressed by measures. SWCD and its contractors will strive to minimize impacts to adjacent properties. However, some impact may be unavoidable. The Properly owner releases SWCD and its contractors from liability for any damage incurred as result of this work. 6. This agreement does not provide confirmation that the subject site is eligible for Emergency Funds, nor does it encumber funds for any repair work at this site. 7. Property owner agrees not to remove or modify construction repairs, including vegetation, for one year from the date of completion. This Access Agreement is made between Polk County Soil and Water Conservation District Supervisor Board (SWCD) and: I { 8. SWCD will discuss the draft design with the Property Owner prior to submittal for permitting. 9. Property Owner agrees to reimburse SWCD for all costs associated with the design if the property owner decides to terminate this agreement after work has begun. 10. The Polk County Soil and Water conservation District and Polk County property owners hereby authorize Altamont Environmental Inc. (Agent/Consultant) to sign and execute all necessary permits and coordinate communications with the appropriate regulatory agencies. Polk County Soil and Water Conservation District By: ~Al)iYl(~:~~ ~.IV - Il ~t r~ Date: l ~ -:~U "~1~ SWCD or eprese ave ~~ By: `~ Date: /~ - 20-n~ Property Owner By: ~ l Date: ~(~ /Uif a L T k t ) 07T a 4 r' r o 1 y �y eft 1343 6 .J, ��• S� f -App t MATE1355' F 9 L CATION; a w P s s A � v N If A - a x ✓ as x. NNv *so • SOURCE: USGS FINGERVILLE EAST QUADRANGLE 1993 Vffj�_PO 6- FIGURE E N G I N E E R I N G & H Y D R 0 GEOLOGY y r 50 COLLEGE STREET, ASHEVILLE, NC 28801 Twww. ltamo tc FAC ental.13351 DWR-05-TRIBUTARY OF www. altamontenv ironmental. com BUCK CREEK / LAIL PROPERTY PROJECT MANAGER:: STU RYMAN DRAWN BY: JOEL SCALE (FEET) POLK COUNTY, NORTH CAROLINA CLIENT: PCSWCD 1500 0 1500 3000 DATE: 02-17-07 P \PoL SWCD NRCS\Pq PR ECTS 02-08\LAIL SITE-DWR-05\FIGURES\Fi GUREI.DWG ~ ~ t O ~-' U a, _ L_ Q _ 3 O 1 ('~ o~ l!7 i ,~ 0~ ~ +' N d 3 d E O X O ~ i ~ Q ~ a W 0 .~„" , , O ~_ i-' d U O J O_ U I to O i U 0 0 0 d i ~ a ~, /j Ql d d Q d I ~' ,~: ~~ v:" :' .o +' I d ~ I U/ I W I I ~ I U II d II ~,.,,.,.,, ..I i I ~ I i n, d I O I II d 'I U 'I ~ ... ..r J ~ O II .}~ I U ~I ~ I ~ I ~ ~I to I O I L ~ U I 0 0 o Q~ p M ~ ~ O o + .--. ~ O d d 4 ~ _ +' ~ N m d ~ Obi W O W i O ~ °u iQQ) „ _ {' N a L ~ ~ W ~ d U d-F' d ~ ~ ~ ~ do+' ~ i p ~ ~~~ L i~ w a ~ i d d ¢~~ j.o + ~ ~ o i U, J N~ W a ~ u L '-' ' -~ U1 3 3 ~ I O 4- i ~ ~ ~ n ~C'~ ~ a ~c ~ ~c ~ 0 +' d ~ i d 0 ~ L O O i d d~ i I~ ~ pa 3 G4 ~ Ee d t.a ra ~ ~ ~ I I ~ I \ l~~~ ~ O ~ ~ ~ ~ ~ I I ~ I i \ N ' W ', o '. (U N Q) , + .--. n 1 V J 3 : J d : (~ S o o ~ 0~ a ,-, ~ o ~ ~~ d ~ ~~ ' d (' ) -- m ~ 00 ~ S ~ ~ ~ + Q) ~ N d N o o ~ •- ,.X.......0.5.,, ~0 + _- i i LJ' Q U O ~ ' o ~ _ L N ! ' d. P4 , ~ O Q I i o d' - - ._ o U v ' O I ~ o I .,,.,.I ,,,,,,,,,,,,,I o (l1 ~ I I n O VI O +, ~' j U ...,..,~ + 01 I I ' o J I..... p mop o 0 >_ 0~ ~ 'o 0 o+ ~o s.aa~}~ suo~~nna13 pawnssy U..~ ~_ N LL ~ ~ O Q a Z W ~ O ~ N J o a z Q ~ m Q U ~ ~ a ~ ~ ~O Z _~ ~ ~ z r ~ (~ ~ O Q ~ ~ v Q ~ J O ~ 0 m ~ oo N iz~ o ~ . ~'~~ ~;~ ~ ~'" > ~ F: o v w ~ c ,h o ~~~ ~ ,w"'-m w ~ 3 a ~ 3 iv 0 N I ~ o w w w w J Q o (> N of a f N 3 Y 0 ° ~ z w Q Q U ~ Q J r ~ ~ ~ m~ z `-' i- "~ wZ ~ -~ w Qow~ ~ ~ J Q ° d U ° PHOTOGRAPHS & DESCRIPTIONS DWR PROJECT OS- TRIBUTARY TO BUCK CREEK, LAIL PROPERTY, POLK CONTY, NC View north, upstream of vertical eroding bank within project area. ' 0 5 0 6 P:\Polk SWCD NRCS\Polk DWR projects 02-08\Lail Site-DWR-05\I.ail photos for Level IIl.doc P:\Polk SWCD NRCS\Polk DWR projects 02-08\Lail Site-DWR-05\L,ail photos for Level IILdoc View northwest of properly owner's yard and lack of riparian vegetation. ~~ X 7 0 5 0 6 View northeast upstream of intact and stable streambanks and more diverse riparian vegetation. P:\Polk SWCD NRCS\Polk DWR projects 02-08\Lail Site-DWR-05\Lail photos for Level Ill.doc ~ ~~ iwtcnaer r, casray, uovcrnor William G. ROSS Jr., Secretary Uj r North Caroline C)epartment of Environment and Natural Resources -a 0 ~ Alan W_ Klimek, P.E. Director Division of Water Quality March 27, 2007 DWQ Project # 07-0506 Polk County CERTIFIED IYIA.IL: RETURN RECEIPT REQYJESTED Ryan and Ester Lail ]051 Sandy Springs Road Columbus, NC 28722 Subject Property: Lail Property - DWR05 Ut to Buck Creek [030806, 9-55-2-1, C] REQUEST FOR MORE INFORMATION Dear Sir or Madam On March 19, 2007, the Division of Water Quality (DWQ) received yew application dated March 14, 2007, to fill or otherwise impact 1851inear feet of perennial stream to construct the proposed streambank stabilization. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The 17WQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional infortxlation requested below, we will have to move toward denial of your application as required by 1 SA NCAC 2fI.OS06 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we lczlay continue to review your project. Additional Information Reqaested: 1. Please resubmit your application (five copies) on the attached, most current, lvlarch 2005, Pre-Construction Notification (PCl~ application. Please contact the DWQ within three weeks of the date of this letter to verify that`you have received this letter and to provide us with a date that we may expect to receive this requested information. If we do not receive this requested information within one' week of the date you indicate it will be forthcoming, yew project will be withdrawn and you will need to reapply with a new application and a new fee. Please contact me in writing and Kevin Barnett of the DWQ Asheville Regional Office. if we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will coinsider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your applicat~i,,on . >,1 Carolin& ~QfllCli~~ 001 Oversighr/Express Review Permitting Unit 1650 Meil Service Center, Raleigh, Noreh Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone' 919-733.1786 /FAX 919-733-6893/ Internet: httg,./m2o eA cu rate nc. u./ncwcriunds An Equal Opportunity/A~rrmative Action employer - 50% Recycled/10"/" Post Consumer Paper Td Wdi=T :~0 L00z Z0 'add ti~ZZ-b68 8Z8 'ON Xd~ QOf1SJ.1Nf100 ~1~Od : WO Ryan and $ster Lail Page 2 of 2 March 27, 2007 are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr: Ian McMillan at 919-733-1786 if you have any questions regarding or would~like to set up a meeting to discuss this matter, '11 Sine ly Cyndi Karoly, Supervisor 4 Oversight/Express Review Permitting Unit CBK/~m Enclosures: March 2005 Pre-Construction Notification (PCN) application cc: Kevin Barnett, DWQ Asheville Regional Office Polk County Soil and Water Conservation District, P.O. Box 236, #4 Annex Bldg, Columbus, NC 28722 Stuart Rymar~, Altamount 1~nvironmental, Inc., 50 College Street; Asheville, NC 28801 USACE.Asheville Regulatory Field Office File Copy Central Files Filename: 070506Lti1PropcrtyA WIt05(I'olk)Oo_Hold Zd Wdbi :i=0 L00Z Z0 'add Z~ZZ-b68 8Z8 'ON Xd8 Q~f1SJ,1Nf100 ~110d: W0~1~