20061152 Ver 1_401 Application_20060706

Evans, Mechwart, Hambleton & Tilton, Inc.
Engineers, Surveyors, Planners, Scientists
..? 1 1 5 2
July 12, 2006
Mr. Steve Chapin
U. S. Army Corps of Engineers
Wilmington District
CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
North Carolina Division of Water Quality
2321 Crabtree Boulevard
Raleigh, NC 27604
Re: Silver Creek Stream Restoration, NWP 27 and Section
401 WQC
Dear Mr. Chapin and Ms. Karoly:
Enclosed please find a permit application for a Nationwide 27 Permit and Section 401 Water
Quality Certification to restore a portion of Silver Creek and an associated unnamed tributary for the
purpose of fulfilling stream mitigation obligations under the North Carolina DENR Ecosystem
Enhancement Program. A total of 4,549 linear feet of perennial stream channel will be altered during the
restoration process, which will ultimately result in 4,492 linear feet of restored channel. Copies of the
restoration plan, a project overview map, and the signed Categorical Exclusion form used for NEPA
documentation are being included with this application.
With this application and restoration plan, Wetlands Resource Center respectfully requests
authorization under Nationwide Permit 27 and Section 401 Water Quality Certification to proceed with
the project. A copy has also been provided to Ron Linville at the North Carolina Wildlife Resources
Commission for review.
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5500 New Albany Road, Columbus, OH 43054 • Phone [phone] • Fax [phone]
Columbus • Cincinnati • Indianapolis • Charlotte
emht.com
Steve Chapin, Cyndi Karoly
Silver Creek Restoration
July 12, 2006
Page 2 of 2
Thank you for reviewing the enclosed application. Should you have any questions, I can be
reached at 614-775-4517.
Sincerely,
EVANS, MECHWART, HAMBLETON & TILTON, INC.
'/64-4:` D'-L?
-m
Melissa Queen Darby
Environmental Scientist
Enclosures
Cc: Ron Linville, NC Wildlife Resources Commission
Cal Miller, Wetlands Resource Center
Office Use Only: Form Version May 2002
2 '52
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 2 for further details), check here: ?
II. Applicant Information 7 , i
1. Owner/Applicant Information
Name: Mr. Cal Miller, Wetlands Resource Center W IGTE?EP Pry am)
Mailing Address: 3970 Bowen Road
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Canal Winchester, OH 43110
Telephone Number: 614-327-7034 Fax Number: 614-759-7988
E-mail Address: clttl218gaol.com
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: Melissa Queen Darby
Company Affiliation: EMH&T, Inc.
Mailing Address: 5500 New Albany Road
New Albany, Ohio 43054
Telephone Number: 614-775-4517 Fax Number: 614-775-4802
E-mail Address: mqueendarby_aemht.com
Page 5 of 13
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: Silver Creek and Unnamed Tributary Restoration
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 175002857917, 175000839533
4. Location
County: Burke Nearest Town: Morganton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Site is approximately 3,000 feet
east of Dysartsville Road and 2,500 feet south of Patton Road, west of the City of
Morganton.
5. Site coordinates, if available (UTM or Lat/Long): 35°39'7.59"/ 81°49'48.97"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Approx. 481 ac. (project limits confined to Conservation Easement)
7. Nearest body of water (stream/river/sound/ocean/lake):
Silver Creek
8. River Basin: Catawba
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Agricultural land use including row cropping and pasture for
cattle grazing, as well as wooded and cleared hillsides.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
The project will restore 4,549 linear feet of highly degraded and eroding streams, consisting
of a portion of the Silver Creek Mainstem and an associated unnamed tributary. The project
will utilize natural channel design techniques and principles to restore the streams to a stable
condition. The project will result in a total of 4,492 linear feet of restored channel. A
permanent riparian area of at least 30-feet in width will be established and planted.
Equipment that will be on site during construction includes hydraulic excavators, track
trucks, front-end loaders, etc. Please see the accompanying restoration plan and Project
Overview Map for project details and mapping.
11. Explain the purpose of the proposed work: The purpose of the work is to restore stream
channel function and form while eliminating existing bed scour and bank erosion. A
functional, native riparian corridor will also be established where deficient. Mitigation
credits generated will be utilized by the Ecosystem Enhancement Program to offset
compensatory mitigation requirements within the Catawba 01 drainage basin, contract
number D05016-1.
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.
No. Stream restoration project corridors are protected in perpetuity by legally binding protective
agreements.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
Page 7 of 13
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Restoration activities (including
restoration of stable pattern, profile, dimension, substrate and floodprone area) are proposed
along 3,039 linear feet of the existing Silver Creek main stem, which will result in 2,959
linear feet of restored channel. Restoration activities (including restoration of stable pattern,
profile, dimension, and substrate) are proposed along 1,510 linear feet of the existing
unnamed tributary to Silver Creek, which will result in 1,533 linear feet of restored channel.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvww.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None observed.
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please specify)
Silver Creek Restoration 3,039 Silver Creek 30' Perennial
Unnamed Trib. Restoration 1,533 Unnamed Trib 7' Perennial
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Page 8 of 13
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: A total of 4,572 linear
feet of stream will be impacted for natural channel restoration. A total of 4,492 linear feet of
restored stream channel will be generated. This project will result in a net loss of 57 linear
feet of channel (80 linear feet will be lost on Silver Creek for restoration; an additional 23
linear feet will be created along the unnamed tributary). This small loss in overall channel
length is negligible considering the overall improvements to bank stability, pattern and
profile, in-stream habitat, and riparian vegetation that will be achieved through this project.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
Size of watershed draining to pond: Expected pond surface area:
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.
Page 9 of 13
Using natural channel design techniques, the restoration project will require impacts to 4,572
linear feet of stream, resulting in 4,492 linear feet of restored channel. In-stream modifications
will be conducted for the purpose of restoring a stable pattern and profile to streams that are
currently eroding and degraded. This restoration will generate mitigation credits for the
Ecosystem Enhancement Program to offset compensatory mitigation requirements within the
Catawba 01 drainage basin, EEP contract number D05016-1. The project will tie into an existing
EEP restoration project constructed by Environmental Banc & Exchange (EBX) along both
Silver Creek and the unnamed tributary_(EEP Contract # D04006-5).
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 March 9, 2000, 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 NCWRP 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://b2o.enr.state.ne.us/ncwetlands/stn-ngide.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.
The proposed stream restoration project will restore 4,492 linear feet of stream channel
(centerline distance) within the Catawba River basin. A conservation easement will preserve
the site in perpetuity. See accompanying restoration plan for specific details and
information.
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
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 [phone] to review current thresholds for environmental documentation.
Yes ® No ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 11 of 13
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
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone 1 extends out 3U teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
N/A - No proposed impervious surfaces
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 12 of 13
XIV. 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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part 1: Geneml Project Information
Project Name: Stream Mitigation of Silver Creek and Tributary (Conway and Queen Site)
Count Name: Burke
EEP Number:
ProjectSponsor: Wetlands Resource Center
Project Contact Name: Cal Miller
Project Contact Address: 3970 Bowen Road, Canal Winchester. Ohio 43110
Pf0'ect Contact E-mail; [e-mail]
EEP Project Mana er: JeffJurek/ Guy Pearce
Project Description
The project will restore 4,492 linear feet of channel along Silver Creek and an unnamed tributary, in the Catawba
River Basin. The restoration will occur within property owned by Mr. & Mrs. Frank Queen and Mr. & Mrs. Richard
Conway. The project will address impairment related to the intrusion of cattle, channel incision and disconnection
with the tloodplain, bank erosion and instability, lack of in-stream features, and riparian corridor degradation.
For Official Use Only
Reviewed By:
Date EEP Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
? Check this box if there are outstanding issues
Final Approval By:
L
Date For Division Administrator
FHWA
6 Version 1.4, 8/18/05
0s stem
PROGRAM
October 19, 2005
Cal Miller
Wetlands Resource Center
3970 Bowen Road
Canal Winchester, OH 43110
RE: Silver Creek
Dean' Mr. Miller:
EEP has approved task #1 for these projects. EEP will process invoice. Please read attached
comments.
Please contact me with any questions at 919-715-1157. Thank you.
cc: file
North Carolina Ecosystem Enita
r
ncement Program, 1652 '`tail Serv!ce Center, Raleigh, NC 27695
a .?L f.. NCUNP.
-16521 j' 919-715-04705 ; wwt4nceep.ne:
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Comments on Full Delivery Projects
Feasibility Study / CE Checklist
10/12/05
Silver Creek Site - Burke County, by Wetlands Resource Center
In General -
FHWA, in coordination with EEP, has developed a new user-friendly CE checklist for EEP mitigation
projects. A document with the updated checklist and instructions can be found at:
htt-o://www.-nceep.net/business/Environ mental Screening Documentation Guidelines EEP. df
The updated checklist and format is required for all future projects.
Cultural Resources -
The results of an archeological survey (requested by NC SHPO) were summarized in the supplemental
documentation section of the CE document. Please provide the results of the SHPO review to EEP as soon
as they are received along with any additional correspondence. FHWA requires SHPO concerns resolved
prior to final approval of the document.
FHWA Contacts for assistance: Donnie Brew [phone], and Rob Ayers [phone] x 116.
FHWA has signed off on the CE and has given conditional approval to the document. The above-
mentioned cultural resource issue needs to be satisfied for final approvai from FHW,4.
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V - - P~~- PR PROJECT OVERVIEW
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0 Date: July, 2006
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Evans, Mechwart, Hambletor ambleton & Tilton, Inc.
\ Engineers • Surveyors • Plann 5500 New Albany Road, Colum rs • Planners • Scientists Job No: 2005-1446
D Phone: [phone] F id, Columbus, OH 43054 Fax: [phone]
V M C M X x x v Sheet: of