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HomeMy WebLinkAbout20120624 Ver 1_401 Application_20120612Strickland, Bev From: Homewood, Sue Sent: Friday, June 22, 2012 2:36 PM To: Dennison, Laurie; Strickland, Bev Subject: FW: Cafe Portofino USACE application Attachments: USACE_Permit.pdf Courtesy copy for entry to BIMS and laserfische please. thx. Sue Homewood NC DENR Winston -Salem Regional Office Division of Water Quality 585 Waughtown Street Winston - Salem, NC 27107 Voice: (336) 771 -4964 FAX: (336) 771 -4630 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Adam Williams [mailto:adam(a)bfec.ora] Sent: Friday, June 22, 2012 2:28 PM To: Homewood, Sue Subject: FW: Cafe Portofino USACE application Sue, Attached find the Portofino application. Cheers, Adam Adam Williams, PWS Brushy Fork Environmental Consulting, Inc. 5902 Highway 421 South Mountain City, TN 37683 ph /fax. 423.727.4476 cell. 828.773.3820 www.bfec.org 1tv c�' From: carrie(@bfec.orq [mai Ito: ca rrie(@ bfec.org] Sent: Friday, June 22, 2012 12:03 PM To: adam(a)bfec.ora Subject: Cafe Portofino USACE application Adam - The combined permit package is attached. Carrie Boyd, M.S. Brushy Fork Environmental Consulting, Inc. 5902 HWY 421S Mountain City, TN 37683 ph/fax: 423 - 727 -4476 cell: 919 - 656 -4543 htW: / /www.bfec.org/ June 22, 2012 Ms. Tasha McCormick US Army Corps of Engineers 151 Patton Avenue; Room 208 Asheville, NC 28801 -5006 Providing Sound Environmental Solutions RE: Caf6 Portofino Stream Stabilization Project - Nationwide 13 App. Watauga County, NC 5902 Highway 421 South Mountain City, TN 37683 ph /fax: 423.727.4476 adam @bfec.org Ms. McCormick, Enclosed please find the referenced project NW 13 permit application with the following attachments: 1) US Army Corps Submittal Cover Sheet 2) Pre - construction Notification Form 3) Agent Authorization Letter 4) Jurisdictional Determination Form 5) Location Map 6) Site Map - Proposed Conditions 7) Stream Assessment Data (Longitudinal Profile, Cross - Sections, Pebble Count) 8) Photosheet(s) 9) Typical Detail(s) 10) NC SHPO Letter As noted in the attached PCN — the goal of this permit is to stabilize severely eroding streambanks along the proposed tract and Boone Creek. If you have any questions please give me a call at 423.727.4476. Sincerely, Adam Williams, PWS CC: Dave McHenry Corps Submittal Cover Sheet Please provide the following info: Cafe Portofino Stream Stabilization Project 1. Project Name 2. Name of Property Owner /Applicant: Rivers Street Ventures zzC & Wilcox and Wright 3. Name of Consultant /Agent: Consultant:.Brushy Fork Environmental, Inc. /Agent: Greene Construction, Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): N/A 5. Site Address: 970 Rivers Street 6. Subdivision Name: N/A 7. City: Boone, NO 8. County: Watauga 9. Lat: 36.2180097 N Long: 81.6853521 W (Decimal Degrees Please) 10. Quadrangle Name: BOONE 11. Waterway: Boone Creek 12. Watershed: Neal River 13. Requested Action: X Nationwide Permit # 13 - Streamhank Stabilization General Permit # Jurisdictional Determination Request — Pre - Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site /Waters Name: Keywords: Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form —Version 1.3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13 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 1 e. 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 1f. 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Cafe Portofino Stream Stabilization Project 2b. County: Watauga 2c. Nearest municipality / town: Boone, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Rivers Street Ventures LLC & Wilcox and Wright 3b. Deed Book and Page No. 1311/329 & 1435/108 3c. Responsible Party (for LLC if applicable): 3d. Street address: 970 River Street (Cafe Portifino building address) 3e. City, state, zip: Boone, NC 28607 3f. Telephone no.: 828 - 264 -3231 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: N/A 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Agent: Mr. Skip Greene 5b. Business name (if applicable): Greene Construction, Inc. 5c. Street address: 525 George Wilson Road 5d. City, state, zip: Boone, NC 28607 5e. Telephone no.: 828 - 264 -2611 5f. Fax no.: 5g. Email address: Page 2 of 11 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): 2900 -78- 7965 -000 & 2900 -79 -7061 Latitude: 36.2180097 N Longitude: - 1b. Site coordinates (in decimal degrees): 81.6853521 W (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 0.2 acres & 0.07 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Boone Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;Tr. 2c. River basin: New River Basin 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: The project site currently used for a local restaurant - Cafe Portifino. The northwest corner of the resturaunt building rests atop Boone Creek and a pier foundation. The far (northwest) corner pier footing is severely eroded along river left of Boone Creek which left unattended, could cause significant damage to the building. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approx. 110 ft of Boone Creek 3d. Explain the purpose of the proposed project: The purpose of the project is to stabilize a very erosive river left streambank that exists northeast of the building. Approximately 48 linear feet of streambank erosion has occurred in this reach of Boone Creek. Vegetated boulder toe protection will be installed and planted heavily atop with native woody species. 3e. Describe the overall project in detail, including the type of equipment to be used: The stream stabilization project proposes the installation of a vegetated boulder toe to protect the streambank from continued erosion. Native plants and Iivestakes are proposed for the boulder toe and the riparian area adjacent to the creek. As per NCDENR requirements, the "pump- around" method will be employed during all in- stream work. Where it is reasonable, Boone Creek flow will be diverted around each in- stream excavation area to perform work in the "dry" when applicable. Following construction, planting of native trees, shrubs, and herbaceous species will occur in all direct riparian areas (see re- vegetation detail). Proposed excavation equipment includes: hydraulic thumb trac - hoe(s), and tandem axle road dump truck(s). All heavy equipment will be kept out of the stream channel during project construction except where absolutely necessary to install the boulder toe protection. Page 3 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: BFEC, Inc. Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. JD field determination performed by consultant on 6/14/12 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. 6. Future Project Plans 6a. Is this a phased project? ❑Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form —Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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) (if known) DWQ — non -404, other) (acres) or 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 0 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) intermittent DWQ — non -404, width (linear or Temporary (INT)? other) (feet) feet) (T) S1 ® P ❑ T Stream ban kstabiIization Boone Creek ® PER ❑ INT ® Corps ® DWQ —10 ft 48 ft S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 48 ft 3i. Comments: Page 5 of 11 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. Open water impact number — Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4L Total open «ater impacts 0 impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 0 impacts 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: Page 6 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 any 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) for impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) B1 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 0 impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed work and associated impacts are intended to stabilize Boone Creek and the streambanks along the Cafe Portifino property reach while minimizing impacts to aquatic resources. Design measures which minimize impacts include vegetated boulder toe protection intended to decrease site sedimentation. All streambanks will then be planted with appropriate native species (see re- vegetetion detail). All disturbed buffer areas will be immediately seeded upon completion (temporary - annual ryegrass), matted (coconut /coir matting), and stabilized at the close of each construction day. Following construction, the banks of the restored channel will be seeded with a native floodplain mix (permanent seed). Live stakes and matting staples will be used to secure the coconut matting in these high- stress areas. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All heavy equipment will be kept out of the stream channel during project construction except where absolutely necessary to install vegetated boulder toe protection. Any entering of the channel or immediate riparian area will be done with new equipment, no hydraulic leaks tolerated. Disturbance of channel bottom and banks and equipment access areas shall be held to the minimum necessary to allow for bank stablization sufficient to restore the hydraulic capacity of the stream channel. Flow will be diverted around the work area via the "pump around" method (see attached detail). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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. N/A 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: 0 impacts 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 8 of 11 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. Comments: The proposed project is not adjacent to a protected riparian buffer as ❑ Yes ® No identified within the NC Riparian Buffer Protections Rules. The proposed project exists within the New River Basin, which is not listed in the NCDENR Riparian Buffer Rules. Therefore, a diffuse flow plan is not included in this application. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 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: This project does not require a Stormwater Management Plan because the imperviousness is not increased by this project. 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? Town of Boone Planning & Inspections ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ 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: 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 Page 9 of 11 PCN Form —Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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 letter. ) ❑ Yes ❑ No 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): 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. Due to the nature of the proposed project as streambank stabilization in an already developed area, additional development impacting nearby water quality is highly unlikely. 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. N/A Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version d Will this project, occi-ir in ol new an area vvil-In it dlc,,rally p1)10fE)GI:.(-,,d spec;1(,,),,,.> ()t Yes o habitat'," 'gib. Have Yen cI'lc.,,,cked with the USFAIVS concerning Enclaingered Species Act Yes No impacts? 5,,,,. IT yes, indicate the USFWS, Field Office you have contacte.d- Raleigh Asheville . ........... ... . . . .. . ...... . . . ................. . 5d. What data sources did you use to determine wl,,iether your site would impact Eridangered Species or Designated Critical Habitat? 3FEC ties contacted Bryan Tornpkins with the US Fish and Wildlife Service, We will be notified if any endangered species or critical habit exists in the project area. — — - -------- - - 6. Essenflal Flish ilablitat (Corps nequirement) — - - - ---------- 6a. Will this project occur in or near an area designated as essential fish habitat? X J Yes El No 6b. What data sources did YOU use to determine whether your site would impact Essential Fish Habitat? NOAA - Office of li-labitat Protection Division . . ......... . .... 7. 11-1f 9toric or PrehIstorIc Cultura➢ Resources (Corps Reciturrefftent) 7a. Will this project occur In or near an area that the stale, federal or tribal govern merits have designated as having historic or cultural preservation El Yes No status (e.g., National Historic Trust designation of, properties significant in North Carolina history and archaeology)? . . ..... . ... . ........ . ......... . ..... '7b. What data sources did you use -to determine wl"iether your site would irripact historic or archeological resources? NC Historic Preservation Office = Renee Gledhill &irley has received :he site Information and noted no significant cultural resources within the work area (see attached SHPO letter). 8. Mood Zone IDesiic niation (Corps Requrrement) 8a, Will this project occur in a FEMA-designa[ed -1 00 ,year floodplaln? ,1< Yes N o 8L If yes, explain how project meets FEMA requirements: The project will simply be rebuilding the strearnbank to it's relic condition. All project designs will be corresponded through the Town of Boone Planning and Inspection as well as NC Floodplain Mapping Program staff. I 8c. What source(s) did you use to make the floodplain determination? Watauga County CIS Data S4,Mp G-(-cciie, Gi,eeri, Con structiort, Inc, Applffi ril/Agent's Signature Date Applicant / gent's Printed Marne (Agent's signature ii�'ialid only if an authorization letter frorn tile applicant is providocl,) .... . . ............. . ....... Page I I of 11 PCN Form ... Version 1 .3 December 10, 2008 Version ma�y - ,ZD12 Towti of Bome I. 5 10 Blo-whig Rock Road Boone, NC 28607 Authorization of Greene Construction bV Rivers Street Ventures Porto mo To Miom. It Mav Concern: I, ----LQL-m 1/&-i der cluty �ppoint GTeene tbeir affiliates! as air Ageii[ and authorize Green.e Construction, In.c. arcs, theixa fffifiates to subs -rat any applicc-etionts requ&ed for Water -Lid Seiver Allocation, Speciai Use Permit, Zoning Pem-di, Buildirig Perrfdt, variance approvals, etc, - ------------- Si,amature -- _[ohn. Wipkkler Pri-tited Name Me b i ek, AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 2900787965000 STREET ADDRESS: 970 Rivers St Boone NC 28607 Property Owner: Rivers Street Ventures LLC The undersigned, registered property owners of the above noted property, do hereby authorize Greene Construction Inc. and their affiliates (Contractor /Agent) 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): Telephone: We hereby cert' the aboWinformation submitted in this application is true and accurate to the best ur o ge. Authorized Tienature: Date: C %/ PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 2900797061000 STREET ADDRESS: 178 West Howard St Boone NC 28607 Property Owner: Wilcox and Wright 178 Howard LLC The undersigned, registered property owners of the above noted property, do hereby authorize Greene Construction Inc. and their affiliates (Contractor /Agent) 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): Telephone�A2$ We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. atu re: Date: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 05/31/2012 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County 'parish .'borough: Watauga Citv: Boone Center coordinates of site (lat %Iona in degree decimal format): Lat. 36.2180097 N. Long. 81.6853521 W. Universal Transverse Mercator: 17N Name of nearest waterbody: Boone Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: South Fork New River Name of watershed or Hydrologic Unit Code (HUC): 05050001 Z Check if map diagram of review area and or potential jurisdictional areas is are available upon request. ❑ Check if other sites (e.a., offsite mitigation sites, disposal sites. etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑! Office (Desk) Determination. Date: E' Field Determination. Date(s):05'31'2012 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable rraters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by CFR part 329) in the review area. [Requireol ❑' Waters subject to the ebb and flow of the tide. ❑' Waters are presently used, or have been used in the past or may susceptible for use to transport interstate or foreign commerce. Explain: Neither. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are " rraters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requireal 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ❑i TNWs. ineludina territorial seas ❑i Wetlands adjacent to TNWs Zi Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑i Non -RPWs that flow directly or indirectly into TNWs ❑i Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑i Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ❑ Impoundments ofjurisdietional waters ❑i Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 150 linear feet: xx ft (bkf) width (ft) and or acres. Wetlands: 0 acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM Elevation of established OHWM (if known): 3250 feet. 2. Non - regulated waters /wetlands (check if applicable):3 Potentially jurisdictional waters and or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.I.; otherwise, see Section IILB below. 1. TNW Identify TNW: No TNW found onsite. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that Nvetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps deter mine whether or not the standards for j urisdiction established under Rapanos have been met. T he agencies wi I I asser t j ur i sdicti on over non-navi gable tr i buta r ies of T N W s wher e the tr i buta r i es a r e " r elatively per ma nent waters" (R PW s), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an R PW is al sojurisdictiona1. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section I1 I.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section I I I .D.4. A wetland that is adjacent to but that does not directly abut an R PW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the water body4 is not an R PW, or a wetland directly abutting an R PW, a J D will require additional data to determine if the water body has a significant nexus with a T NW. I f the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the J D request is the tributary, or its adjacent wetlands, or both. I f the J D covers a tributary with adjacent wetlands, complete Section I I I.B.1 for the tributary, Section I I I.B.2 for any onsite wetlands, and Section I I I.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section I I I.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 1 square miles Drainage area: 1 square miles' Average annual rainfall: approx 51 inches Average annual snoNNfall: aprrox 30+ inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 2-5 river miles from TNW. Project waters are 1 -2 river miles from RPW. Project waters are 1 -2 aerial (straight) miles from TNW. Project waters are 1 -2 aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: No. Identify flow route to TNW': Project waters appear to flow into Winkler's Creek and then flow into the South Fork of the New River. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apple): Tributary is: ® Natural ❑ Artificial (man- made). Explain: ❑ Manipulated (man - altered). Explain: Tributary properties with respect to top of bank (estimate): Average Nvidth: ss feet Average depth: xx feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): ® Silts ❑ Sands ® Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type.'' o cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition stability [e.g., highly eroding, sloughing banks]. Explain: Eroding streambanks. Presence of run' riffle.' pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 20o (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area 'year: 20 (or greater) Describe flow regime: Other information on duration and volume: Surface floe is: Confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ® OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ® shelving ❑ ® vegetation matted down, bent, or absent ❑ ® leaf litter disturbed or washed away ® sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM. Explain: If factors other than the OHWM were used to determ ❑' High Tide Line indicated bv: ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings characteristics ❑ tidal gauges ❑ other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community one lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated bv_ : ❑ survev to available datum, ® physical markings, ® vegetation lines'ehanges in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily_ film, water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6a natural or man -made discontinuity in the OHW1\1 does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the ( )HWl\1 has been removed by development or agricultural practices). Where there is a break in the OHW1\1 that is unrelated to the waterbodv's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. lbid. (h) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): >10ft. ❑ Wetland fringe. Characteristics: Wetlands drain to tributary. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:NAaeres Wetland type. Explain:NA. Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: N.!A. (b) General Flow Relationship Nvith Non -TNW: Flow is: Pick List. Explain: Surface floe is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain ❑ Ecological connection. Explain: ❑ Separated by berm barrier. Explain: (d) Proximitv (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality, general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributarry (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( NA +'- Total Subject Area ) acres in total are being considered in the cumulative analysis. For each Nvetland, specify the following: Directly abuts? (Y N) Size (in acres) Directiv abuts? (Y N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributari- to determine if they significantly affect the chemical, physical, and biological integritN of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to can-\- pollutants or flood waters to TNWs. or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecvcle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section I111): 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section I111): D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet Nvidth (ft), Or. acres. Wetlands adjacent to TNWs: NA acres. 2. RPWs that flow directly or indirectly into TNWs. Q' Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Q' Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g.. typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section IIFB. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). Fj Other non - wetland waters: acres. Identify tvpe(s) of waters: 3. Non -RPWs8 that flow directly or indirectly into TNWs. Q Waterbodv that is not a TNW or an RPW but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Q Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify tvpe(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑' Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section IIL1).2. above. Provide rationale indicating that wetland is directly abutting an RPW: ❑' Wetlands directly abutting an RPW where tributaries typically flow "seasonal Iv.- Provide data indicating that tributary is seasonal in Section IILB and rationale in Section III.1).2. above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑' Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Q' Demonstrate that impoundment was created from "waters of the TT.S.." or Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or ❑' Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLYWO ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑' from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑' Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote = 3. 9 To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook. 10 Prior to asserting or declining C'A'A jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps /EPA .Memorandum Regarding CRA Act Jurisc&etion Following Rapnnos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑' If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "Sii:4 \ C'C'." the review area would have been regulated based solely on the " Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Fj Other: (explain, if not covered above): Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory_ birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑' Non- wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑' Non- wetland waters (i.e., rivers, streams): linear feet. width (ft). ❑ Lakes ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant' consultant: ®' Data sheets prepared' submitted by or on behalf of the applicant' consultant. ❑ Office concurs with data sheets.' delineation report. ❑ Office does not concur with data sheets.' delineation report. ❑' Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑' U.S. Geological Sure ey_ Hydrologic Atlas: ❑ TTSGS NHL) data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: BOONS. 1:24000. ❑' USDA Natural Resources Conservation Service Soil Survev. Citation: ❑ National wetlands inventory map(s). Cite name: State Local wetland inventory_ map(s): ❑ FEMA FIRM maps: ❑' 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑' Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑' Previous determination(s). File no. and date of response letter: ❑' Applicable' supporting case law: ❑' Applicable' supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This section of Boone Creek exists in an urban setting with minimal riparian buffer, etc. This small urban buffer area will be planted with native woody species as a result of this project stabilization. Name:BOONE Date: 6/12/2012 Scale: 1 inch equals 1333 feet Location: 036.2180442° N 081.6853946° W Caption: Cafe Portofino Stream Stabilization Project Location Map nc. 17000° 161 66° 16333° 167500° 9 I € I M — �. ,g , as a�� l..- ?, 4 P� a°•':" °... 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D � a' o � �c> m w C L C TI >iN MU -O O c x m Jam) a) In � OU � N w y O � — L o a a a Q� cn � N f c c w UCl O L "C co C c o N -0 c o � U) co (D a) c a, C7 fl U 0 U) Q � �, r6 0 7 ai L O `'' C O a L (.0 a• CL LO �L om�'' cco� En ow w O a) 0) C co O a) L O O U n z Lo >.� dL ~ , r Y {}( y�vac L MM � J--I W fO cr3 � � � p L n Lo � N O O� U U L O O M (LL) � O U � Vj .0 •� O � � � L o CL � •� 'v O k � a y'c L N cn >� � L N O O �. a) � � O_ Q O J � N > C � "6 O M �3 0 , �C C (n ui U 'L° O � c C9 O a) p �� � C C t_n N� � >, O N Q O -O a'"' � -�-' C � � a--� O,G � O � �, O � O. � �o � ���ov '4, Combi ation of Container or Bare-root Native Trees & /or Shrubs (see Plan View Ut2UH1 10r Bankfull 5 d- matting o Coconut 7Natv, Matti g applied to earbank areas of di turbance Livesta kes � Water Surface �i Station *Note: • All disturbed areas are to be immediately sowed with a temporary grass mixture. • Following site construction a native /permanent grass mixture will be applied when available. fled f} Providing Sound Environmental Solutions Typical Channel `W { 5902 Highway 421 South Mountain City, TN 37683 Re- Vegetation €y f ph /fax: 423.727.4476 Cross- section Detail DATE: 11/8/2006 DRAWN BY: Adam Williams NOT TO SCALE Permanent Seeding Lawn Seeding Mixture Species Kentucky Blue rass (20 %) Rebel Fescue ?80%) Seeding Dates Mountains Rate (lb /acre) 260 lbs. March 15 — May 15 August 15 — October 15 Soil Amendments Follow recommendations of soil tests or apply 2,000 lb/acre ground agricultural limestone and 750 lb/acre 10 -10 -10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance Refertilize if growth is not fully adequate. Reseed, refertilize and mulch immediately following erosion or other damage. Slope Seeding Mixture Species Rate (lb /acre) Valda Hard Fescue 20 lbs. Astro Tall Fescue 8 lbs. Penlawn Red Fescue 25 lbs. Perennial Rye 25 lbs. Ken —Blue Kentucky Bluegrass 1.5 lbs. Seeding Dates Mountains March 15 — May 15 August 15 — October 15 Soil Amendments Follow recommendations of soil tests or apply 2,000 lb/acre ground agricultural limestone and 400 lb/acre 18 -46 -50 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt. Maintenance Refertilize if growth is not fully adequate. Reseed, refertilize and mulch immediately following erosion or other damage. Temporary Seeding for Summer Seeding Mixture Species German Millet Seeding Dates Mountains Piedmont Coastal Plain Rate (lb /acre) 40 lbs. May 15 ? °August 15 May 1 — August 15 April 15 — August 15 Soil Amendments Follow recommendations of soil tests or apply 2,000 lb/acre ground agricultural limestone and 750 lb/acre 10 -10 -10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting or a mulch anchoring -'Pool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance Refertilize if growth is not fully adequate. Reseed, refertilize and mulch immediately following erosion or other damage. Temporary Seeding for Fa Seeding Mixture Species Rye (grain) Seeding Dates Mountains Piedmont Coastal Plain Rate (lb /acre) 260 lbs. August 15 — December 15 August 15 — December 15 August 15 — December 30 Soil Amendments Follow recommendations of soil tests or ap ly 2,000 lb/acre ground agricultural limestone and 1,000 Ib/ cre 10 -10 -10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance repair and refertilize damaged areas immediately. Topdress with 50 lb/acre of nitrogen in March. If it is necessary to extend temporary cover eyond June 15, overseed with 50 lb/ acre Kobe (Piedmont and\ Coastal Plain) or Korean (Mountains) Lespedeza in late February or early March. Typical Wire - backed Silt Fence Detail (Class -C) PLACE WOVEN WIRE FENCE BACKING BETWEEN FABRIC AND POSTS AND FASTEN SECURELY. 6' MAXIMUM CENTER TO CENTER MENOMONEE 000:000000:0 MMMMMMMMM mom 0 MENOMONEE MMMMMMMMM MENOMONEE !!!!moo!! I .. 1,10W_7A1 ......... FLOW FLOW PERSPECTIVE VIEW 48" MINIMUM LENGTH STEEL POST, DRIVEN A MINIMUM OF 18" INTO GROUND 48" MINIMUM STEEL POST LENGTH FLOW FILTER CLOTH 28" MINIMUM HEIGHT OF GEOTEXTILE CLASS F 6" MINIMUM DEPTH IN GROUND PLACE WOVEN WIRE FENCE BACKING BETWEEN FABRIC AND POSTS AND FASTEN SECURELY. STEEL POST SECTION MINIMUM 30" ABOVE GROUND UNDISTURBED GROUND EMBED GEOTEXTILE CLASS F TOP VIEW A MINIMUM OF 6" VERTICALLY STEEL POST DRIVEN A INTO THE GROUND '2 OF 18" INTO POSTS -0 2 THE GROUND SECTION B CROSS SECTION SECTION A MIMI JOINING TWO ADJACENT SILT FENCE SECTIONS 1. Steel posts shall be a minimum of 48" long driven a minimum of 18" into the ground. The steel posts may be standard T or U section weighing not less than 1.3 Ibs /ft. 2. Geotextile and woven wire fence backing shall be fastened securely to each post from top to ground level and the geotextile shall meet the following requirements: tensile strength warp 260 Ibs /in. (min), fill 180 Ibs /in. bursting strength 175 Ibs /in (min) flow rate 70 gpm /sq. ft 3. Where ends of geotextile fabric come together they shall be overlapped, folded, and secured to prevent sediment bypass. 4. Silt fence shall be inspected before and after each rainfall event and maintained when bulges occur or when sediment accumulation reaches 50% of the fabric height. Y�CD FRIt 11 AN' North Carolina Department of Cultural Resources State Historic Preservation Office Ramona :NI. &utos, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary jetfrey j. Crow, Depute Secretary June 15, 2012 Ben McGuire Brushy Fork Environmental Consulting, Inc. 5902 Highway 421 South Mountain City -, TN 37683 Re: Cafe Portifino Stream Stabilization, Boone, Watauga Count-, ER 12 -0931 Dear Mr. McGuire: Thank you for your email of June 4, 2012, concerning the above project. Office otArchives and History Division of Historical Resources David Brook, Director We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 (--FR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill - Earley, environmental review coordinator, at 919- 807 -6579. In all future communication concerning this project, please cite the above- referenced tracking number. Sincerely- gym.. Ramona :N1. Bartos Location: 109 East jones Street, Raleigh NC 2'601 Mailing Address: 461- Mail Service Center, Raleigh NC 2`699 -1617 Telephone /Tax: 919': 810--65-10 i 810--6599