20101051 Ver 1_401 Application_20101210

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing `
I a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Cissell Property access road
2b. County: Graham
2c. Nearest municipality / town:
Ma /5Z, r
Robbinsville
=
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: Dr C 2 0 20,0
3. Owner Information DENR-WA QUAUTY
3a. Name(s) on Recorded Deed: Charles L. Cissell, Murel Cissell
3b. Deed Book and Page No. BK 297 pg 397-400
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 3323 Loretto Rd
3e. City, state, zip: Jacksonville, FL. 32223
3f. Telephone no.: 904-268-5126
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
r
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable): Fish and Wildlife Associates, Inc.
4d. Street address: 25 Watertower Lane,
4e. City, state, zip: Whittier, NC 28789
4f. Telephone no.: 828-497-6505
4g. Fax no.: 828-497-6213
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable): Fish and Wildlife Associates, Inc.
5c. Street address: 25 Watertower Lane
5d. City, state, zip: Whittier, NC 28789
5e. Telephone no.: 828-497-6505
5f. Fax no.: 828-497-6213
5g. Email address: [e-mail]
Page 2 of 10
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 564300007110
1 b. Site coordinates (in decimal degrees): Latitude: 35.40448 Longitude: - 83.81736
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 38.3 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Yellow Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C; Tr waters
2c. River basin: Lower Little Tennessee, HUC 06010204
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Gravel access road surrounded by Mixed Deciduous forest
3b. List the total estimated acreage of all existing wetlands on the property:
no wetlands have been identified on the subject property
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2100
3d. Explain the purpose of the proposed project:
Four unauthorized stream crossings (culverts) are located on a new private access road to a single homesite.
3e. Describe the overall project in detail, including the type of equipment to be used:
Build access road to a house site. Heavy equipment (bulldozer, trackhoe, dumptruck) has been used to install culverts,
grade, and build a private access road to a single homesite on the subject property.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/

? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NCG010000 general permit was issued for sediment and erosion control by the state on February 9, 2010 (see
attached).
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
E. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert (SX-1) UT1 to Yellow ® PER M Corps 1 30
Creek ? INT ? DWQ
S2 ®P ? T Culvert (SX-2) UT1 to Yellow ® PER ® Corps 1 30
Creek ? INT ? DWQ
S3 ®P ? T Culvert (SX-3) UT1 to Yellow ? PER ® Corps 0.5 20
Creek ® INT ? DWQ
S4 ® P ? T Culvert (SX-4) UT1 to Yellow ® PER ® Corps 3
0 20
Creek ? INT ? DWQ .
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 100
3i. Comments:
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact
re uired?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the shape, topography and location of the house site within the property, no alternate route was feasible to avoid
multiple crossings of the same stream/stream system. To minimize the impacts to these waters all four (4) crossings were
placed perpendicular to the stream channels. Cuvert placement will provided for biological connectivity of stream and will not
act as barriers to upstream migration of aquatic fauna.
Check dams have been placed at regular intervals along roadside ditches to minimize sedimentation of the streams through
drainage and runnoff. All cuts and fill associated with the road construction were seeded and silt fence utilized to contain
sediments within the project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Exposed slopes have been hydroseeded. Reinforced matting was utilized in areas requiring additional stabilization. Check
dams and other erosion control structures were installed and maintained regularly.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

pro
project? ? Mitigation bank

? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 3.0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project is considered a "Low
Density" project. The entire project is less than 24% impervious surface, with vegetated conveyances, and no areas
exceeding 24% impervious surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? NC Division of Land Quality
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
® Other: NPDES General
Stormwater Permit
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ® Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Failure to secure
401 permits(15A NCAC .0500-), Sediment and other waste in streams (15A NCAC 02B .0211), Removal of Best use (15A
NCAC 02B.0211(2)), Failure to adhere to the minimum montioring requirements of Construction Stormwater permit
NCG010000 (15A NCAC 2H.0100) . See attached.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The subject private road provides access to one homesite; no additional lots or homesites are to be accessed via the
road.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Sewage will be treated via onsite septic when the homesite is built upon; the site has not been sold and no building or
septic plans/permits are available at present.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service, Endangered and Threatened Species in North Carolina, county Search, North Carolina
Natural Heritiage Program data search (two-mile radius).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://www.archaeology.ncdcr.gov/ncarch/articles/articies.htm#mountains (no published records).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http://floodmaps.nc.gov/fmis/MainMap.aspx
"
Benjamin R. Laseter, PhD. -
/__? /Z 12/7/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. N //A PLAN NO. N PARCEL ID: * 5%43?000'1 I f C) j 1A STREET ADDRESS:

Please print:
Property Owner: LkarI S L 0i s5 i j
Property owner: n1 uxe l (,' C t Se !1
The undersigned, registered property owners of the above noted property, do hereby authorize
Y) 'IGlYY1l n La --& +e Y- of ahd W ldli?P AS 1 +P?
((ontractor /Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
3 2 Lore ?-?-o ?o a? ,? ajy"l I ?e VL. :322-Z
3
Telephone: _ q 04' a6 - I p
We hereby certify the above information submitted in this application is true and accurate to he
best of our knowledge:
t
Authorized Signature
Date: 7- f'lo
`
Authorized Signature
Date: ?/ ?! ?a
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North Carolina
James D. Simons, PG, PE
Director and State Geologist
February 9, 2010
Beverly Eaves Perdue, Govemor
Dee Freeman, Secretary
LETTER OF APPROVAL WITH MODIFICATIONS
Charles Cissell
PO Box 759 '
Summerland Key, Florida 33042
RE: Project Name: Charles Cissell
Acres Approved: 5
Project ID: GRAHA-2010-001
County: Graham
Street and City: NCSR 1242 Yellow Creek Road
River Basin: LittleTennessee
Stream Classification: C,Trout
Latitude: 35.4000 Longitude: -83.8144
Submitted By: Terry James, PLS
Date Received by LQS: 2105/2010
Plan Type: Revision
Dear Mr. Cissell:
This office has reviewed the subject erosion and sedimentation control plan. We find
the plan to be acceptable with modifications and hereby issue this Letter of Approval with
Modifications. The modifications required for approval are listed on the attached page. This
plan approval shall expire three (3) years following the date of approval, if no land-disturbing
activity has been undertaken, as is required by Title 15A NCAC 413 .0129.
Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the
approved erosion control plan be on file at the job site. Also, you should consider this letter
to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure
compliance with the approved plan.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us
An Equal Opportunity ! Afrirmalive Action Employer
4
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NCDENR
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Nona Carolina
?tura!!
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Letter of Approval with Modifications
Charles Cissell, Charles Cissell
February 9, 2010
Page 2 of 3
North Carolina's Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control
plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions
to the plan and implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with
Federal and State water quality laws, regulations, and rules. In addition, local city or county
ordinances or rules may also apply to this land-disturbing activity. This approval does not
supersede any other permit or approval.
Please be aware that your project. will be covered by the enclosed NPDES General
Stormwater Permit NCGO10000 (Construction Activities). You should first become familiar
with all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility Form, which you have provided. You are requested
to file an amended form if there is any change in the information included on the form. In
addition, it would be helpful if you notify this office of the proposed starting date for this
project. Please notify Bill Beck or myself if you plan to have a pre-construction conference.
Your cooperation is appreciated.
Sincerely,
Charles Koontz
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES Permit
cc: Terry R. James Surveying, PLS
G:tLQ\Graham\E&SC12010-001 Cissell Property\LOAWM Revison 2-9-2010.doc
V R
Letter of Approval with Modifications
Charles Cissell, Charles Cissell
February 9, 2010
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Charles Cissell
Project ID: GRAHA-2010-001
County: Graham
Reviewed By: Charles Koontz
1. All soil ditches as shown on the revised plan shall be rip-rapped as stated in a letter by Terry
James sent to Bill Beck dated 2/1/2010.
2. All temporary sediment traps shall be constructed to the design criteria outlined in the NC
Erosion and Sediment Control Design Manual (Section 6.60.2).
G:\LQ',Graham,E8-S02 0 1 0-00 1 Cissell Property\LOAWM Revison 2-9-201O.doc
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
June 9, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charles Cissell
Cissell Property
3323 Loretto Rd
Jacksonville, FL 32223
Division of Water Quality
Coleen H. Sullins
Director
7007 1490 0004 0713 7802
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Cissell Property
DWQ Tracking Number: NCR002492
NOV-2010-PC-0672
Stream Standard Violation - Other Waste (In-stream sediment)
Stream Standard Violation - Removal of Best Usage
Failure to Secure a 401 Water Quality Certification (WQC)
Construction Stormwater Permit NCGO10000
Graham County
Response deadline: June 30, 2010
Dear Mr. Cissell:
Dee Freeman
Secretary
On May 13, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection on the Cissell Property along Renegade Drive in
Graham County.
Stream standard, 401 Certification and Construction Stormwater Permit violations were noted
during the inspection and file review. Sediment and unpermitted fill (culvert) impacts to unnamed
tributaries to Yellow Creek (Class C; Tr waters) were documented. Greater than 1,600 feet of
streams has been impacted by sediment and at least three (3) culverts had been installed in streams.
Installation of the culverts and eroding roads have contributed sediment.
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Carolina
Phone: [phone] FAX: [phone] Customer Service: l 877 23 6748 NNofffiaturaAll
Internet www.ncwaterquality.org
Charles Cissell
June 9, 2010
Page 2 of 6
VIOLATIONS
1. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B.0211
(3)f - Greater than 1,600 feet of unnamed tributaries to Yellow Creek (Class C; Tr waters)
have been impacted by sediment deposition upwards of 14 inches throughout the stream
reaches, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(3) (f). More impacts likely exist as all streams were not inspected.
H. Removal of Best Usage -15A NCAC 02B.0211 (2) -Greater than 100 feet of unnamed
tributaries to Yellow Creek (Class C; Tr waters) was impacted by the installation culverts,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
III. Failure to Secure a 401 Water Quality Certification Violation 15A NCAC .0500 -
Several approximate 40-foot culverts have been installed in streams. This activity requires
permitting through the U.S. Army Corps of Engineers and must receive the corresponding
Water Quality Certification from the DWQ.
IV. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. This permit authorizes discharge of stormwater under the
National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A
North Carolina Administrative Code 211.0100.
a. Approved Plan (Part I. Section A: No. 2.) During the inspection, a copj of the
approved Erosion and Sediment Control Plan was not on site and available for
review.
b. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
c. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was
not recorded and available for review. However, a site representative was not
available during the inspection.
d. Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review. However, a site representative was not
available during the inspection.
e. Twenty-four Hour Reporting (Part H. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
REQUIRED RESPONSE.
This Office requests that you respond in writing by June 30, 2010. Your response should be sent
to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Charles Cissell
_.Juny 9, 2010
Page 3 of 6
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
• Please submit a Sediment Removal Plan to this office for review and approval.
The plan must address removal of the accumulated sediment from the unnamed
tributaries to Yellow Creek impacted by your project. The plan must be
submitted to the Division of Water Quality for review and approval prior to
implementation. You must secure an environmental consultant experienced in
stream restoration to assist you with identifying all stream impacts, development
of your plan and authorization necessary to achieve compliance. It is
recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during plan development. The plan
should include the following:
¦ Quantification of all stream impacts related to your project.
¦ A narrative explaining how sediment will be removed and how impacted
waters will be restored.
¦ A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
¦ A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
¦ A narrative explaining how sediment will be retained on the site and kept out
of waterways, and how restoration activities will be conducted such that
turbidity standards are not exceeded.
• Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Chuck Cranford.
II. Failure to Secure a 401 Water Quality Certification
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit
pertaining to the culvert installation that has occurred. Written approval of a
401 WQC will be required if the activities are permitted by the Corps. The
application process as described does not guarantee the impacts will be
approved.
Charles Cissell
June 9, 2010
Page 4 of 6
2. Restoration of the streambanks and channels.
a. Provide a stream restoration plan that includes the removal of the
culverts, restoration of the stream channels as well as the restoration of
the streambanks and buffers along the streams that have been graded.
Satisfactory streambank restoration requires planting in accordance with
the EEP Publication "Guidelines for Riparian Buffer Restoration". This
document is available electronically at
http://www.n6eep.net/news/reportsibuffers.pd
f.
If pursuing Option 1:
a. Contact the United States Army Corps of Engineers to determine the permitting
needs of the activities you have undertaken. The Asheville office phone number is
[phone].
b. Provide a proposed schedule of when you expect to have the required Pre-
Construction Notification (401 WQC application) submitted to DWQ.
If pursuing Option 2:
a. Please submit a Stream Restoration Plan to this office for review and approval. The
plan must address removal of the culverts, restoration of the stream channels as well
as the restoration of the streambanks and buffers along the streams as described
above in Option 2. The plan must be submitted to the Division of Water Quality for
review and approval. You must secure an environmental consultant experienced in
stream restoration to assist you with development of your plan and authorization
necessary to achieve compliance. It is recommended that your consultant contact
Chuck Cranford of the Asheville Regional Office for additional guidance during
plan development. The plan should include the following:
b. A narrative explaining how the restoration activities will be conducted.
c. A diagram of the stream channels; including, details of the stream channel
restoration and buffer planting in order to meet the guidelines noted above. Photo
documentation of before and after conditions must be provided.
d. A proposed schedule with dates that indicate when you expect to begin and
complete the restoration work.
e. Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Chuck Cranford.
III. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
Charles Cissell
._Jun@ 9, 2010
Page 5 of 6
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements as requested above for each phase of the
project. This information must include monitoring records through to the date of
your written response to this letter. Specifically, it is requested that DWQ be
provided a copy of all rain gauge data and weekly inspection/monitoring reports
related to your inspections of the approved sedimentation and erosion control
facilities and stormwater outfalls. Copies of all corresponding inspections
subsequent to rain events greater than 0.5 inches are requested as well. Failure to
provide this information will constitute violations of the subject NCGO10000
Permit.
d. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
e. Minimum Monitoring and Record Keeping - Please provide copies of all
monitoring and record keeping since March 2010. Please refer to the
attached Stormwater Inspection For General Permit NCG010000 form. This
form is to be filled out for every week and after each %2 inch rain event. The
following bulleted list provides guidance on how to conduct monitoring and
record keeping activities in such a way as to be compliant with the
NCGO10000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
Erosion and Sedimentation Control Facilities are to be inspected every week
and after each %2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time
inspected, the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
Stormwater Discharge Outfalls are to be inspected every week and after
each %2 inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
Charles Cissell
June 9, 2010
Page 6 of 6 V r
f. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part II Section B (10
b) of the NCGO10000 Permit for proper procedure).
IV. Removal of Best Usage -15A NCAC 02B.0211 (2)
The same two (2) options exist to resolve the Stream Standard Violation - Removal of
Best Usage, as described directly above.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at (828) 296-
4664.
Sincerely,
f of Roger C. /dwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: NCGO10000 permit
Stormwater Inspection For General Permit NCGO10000
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
USACE
ARO File Copy
Division of Land Resources
Pam Boaze - F&W Associates
Graham County Planning
SASWP\Graham\Stornwater\NCG01 Construction\Cissell Property\NOV-2010-PC-0672.doe
FINAL REPORT
CISSELL PROPERTY NOV (NOV-2010-PC-0672),
GRAHAM COUNTY, NC.
December 2010
Introduction
The Cissell property is located off Yellow Creek Road in Graham County NC. The property is
approximately 38 acres in size, predominantly wooded, and contains three existing structures and
one newly constructed road and a house site. The newly constructed road, an extension of
Renegade Drive, is approximately 0.7 miles in length and terminates near the US Forest Service
boundary. There is also a private road to another residence that is accessed from Renegade
Drive. An abandoned road connects the lower portion of the new road with the private driveway.
The abandoned road is not passable by passenger vehicles, but appears to be disturbed by
frequent off-road-vehicle (ORV) traffic. Figures 1 and 2 show the roads, streams, crossings, and
sediment removal sites.
A Notice of Violation (NOV) was issued on June 9, 2010 by NCDENR, Division of Water
Quality for violations on this property; the property owner retained the services of Fish and
Wildlife Associates Inc., (FWA) to facilitate the resolution of the NOV. On June 28-29,2010,
FWA conducted an initial assessment of aquatic resources and impacts to aquatic resources on
the Cissell Property and adjacent downstream areas. On August 19, 2010, FWA personnel
conducted the sediment removal and stabilization activities on the project. A follow-up
assessment was also conducted to document improvements to the road surface.
The NOV issued by NCDENR (NOV-2010-PC-0672) referenced four violations:
1. Stream Standard Violation-Other waste (In-stream sediment),
2. Removal of Best Usage,
3. Failure to Secure 401 Water Quality Certification, and
4. Failure to comply with the requirements of Construction Stormwater permit NCG010000.
1. Stream Standard Violation-Other waste (In-stream sediment)
All surface waters documented within this property are contained within one drainage, which is
an unnamed tributary to Yellow Creek (Class C; Tr waters) within the Lower Little Tennessee
Watershed, USGS Cataloging unit #06010204. Approximately 5.8 cubic yards of sediment
deposits were documented within the project area. The majority of sediment deposits were
entrained upstream of the Stream 2 (S2) and the Stream 3 (S3) crossings of Renegade Drive.
On August 19, 2010, FWA personnel conducted sediment removal and stabilization activities in
the six impacted stream reaches (Figure 2).
Sediments were removed from two locations along Renegade Drive, Sites A and B.
Approximately 0.2 yards of sediment was removed from Site A, just upstream of Renegade
Drive on S2. Site A, was the only site on S2 with significant depositions of sediments. To
ensure that the banks would remain stable, biodegradable matting was installed and the area was
seeded with a similar mix of grasses present around the site.
Site B was located upstream of Renegade Drive on S3. Approximately one yard of sediment was
removed from the stream at this location. This site had a large area of exposed banks following
sediment removal. To ensure the areas remains stable, the perimeter of this site was heavily
seeded and biodegradable matting was installed. Sediments removed from these two areas were
transported to an appropriate location within the property were they could be seeded and
stabilized.
Four additional areas of sediment deposition were addressed during this site visit. Sites C, D, E
and F were located along S3 in a confined section of the drainage. These reaches were wide
areas of deposition. At all four locations the stream channel(s) including spring channels were
excavated to natural substrate. These sediments were deposited at the toe of slope furthest from
the stream channel. All exposed sediments were matted using biodegradable-double sided straw
matting. Seeding in these locations was conducted but the thick rhododendron understory will
likely inhibit any substantial seed growth. The double-sided straw matting (ETRS-2BN) is rated
for approximately 12 months of residence time. Leaf fall in addition to root mass development
in the deposits during the remainder of the fall and spring growing season should provide the
needed long-term stabilization. Photographs of all impacted reaches before and after sediment
removal/stabilization are located in Appendix A.
2. & 3. Removal of Best Usage/ Failure to Secure 401 Water Quality Certification
Four stream crossings, SX-1 through SX-4, were culverted because of the new road construction
(Figure 1). Both forks of S2 were determined to be perennial streams, and the small stream at
SX-3 was determined to be intermittent. All four crossings required permitting. SX-1 and SX-2
are culverted crossings of two perennial forks of Stream 2. Culverts at both SX-1 and SX-2
crossings were each 30 feet in length. Culverts at both SX-3 and SX-4 were 20 feet in length.
The four stream crossings total 100 feet of impact.
A Pre-Construction Notification (PCN) form is being submitted concurrently with this final report.
The PCN form addresses the need for after-the-fact permits for the four stream crossings within
the project.
4. Construction Stormwater permit NCGO10000
As of August 19, 2010, the entire length of the new road had been graveled. Check dams had
been installed in all roadside ditches and a rain gage has been installed within the project area.
The roadside shoulders were maintaining a stable vegetative cover, see photographs located in
Appendix B. FWA has provided Mr. Cissell with Inspection Record forms applicable to
activities under Construction Stormwater Permit NCGO10000. Mr. Cissell and his
subcontractors have been advised of the minimum monitoring requirements in order to comply
with the NCGO10000 Permit.

S1
I
S2
%WAN
k4O
Legend
Proposed sediment removal sites
O Stream crossing
Streams
Abandoned road
New road
- - Existing roads
Tl S3
N Feel
0 225 450 900 1,350 1,800
Figure 1. Cissell NOV Location of features,
Graham County, NC. June 30, 2010. A
MEW
c
Feet
540 720

Appendix A
Sediment Removal and Stabilization Location Photographs, Cissell Property

S2, Site A, just upstream of the culvert along the existing road, 29-June, 2010.
S2, Site A, just upstream of the culvert along the existing road, 19-August, 2010.
West fork of S3, Site B, just upstream of the culvert along the existing road, 29-June, 2010.
West fork of S3, Site B, just upstream of the culvert along the existing road,
19-August, 2010.
West fork of S3, Site C, 29-June, 2010.
West fork of S3, Site C, 19-August, 2010.

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West fork of S3, Site D, 29-June, 2010.

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West fork of S3, Site D, 19-August, 2010.

West fork of S3, Site E, 29-June, 2010.
West fork of S3, Site E, 19-August, 2010.

West fork of S3, Site F, 29-June, 2010.
West fork of S3, Site F, 19-August, 2010.
Appendix B
Road Condition Photographs, Cissell Property

House site at the end of the new road, 28-June, 2010.
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House site at the end of the new road, 19-August, 2010.
First switchback below house site at the end of the new road, 28-June, 2010.
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First switchback below house site at the end of the new road, 19-August, 2010.
New road facing downstream from SX2 culvert, 28-June, 2010.

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New road facing downstream from SX2 culvert, 19-August, 2010.
First switchback below SX2 culvert, 28-June, 2010.
First switchback below SX2 culvert, 19-August, 2010.

J7
Intersection of new road and abandoned road, 28-June, 2010.
Intersection of new road and abandoned road, 19-August, 2010.