20071108 Ver 1_Application_20070622

McGill
A S S O C I A T E S
0~- 1 108
June 15, 2007
Ms. Amanda Jones,
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Ms. Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit
1650 Mail Service Center
Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Jones and Ms. Karoly:
P
-,,~~
J'J N 2 ~ 2001
JENR -WATER QUALITY
1-~NW.DS PJ~!D STL~?M4NATER BRANCH
Re: 404/401 Permit Application for the
Stream Stabilization/Enhancement
At Brookshire Park
Watauga County, North Carolina
Attached please find the 404/401 permit application for the Brookshire Park Stream
Enhancement and Stabilization project located near the Town of Boone in Watauga, County.
The information included with this application has been developed in conjunction with the
Watauga County Board of Commissioners. Brookshire Park is located on the South Fork of the
New River and has become severely unstable and eroded due to flood flows from Hurricane
Frances and Ivan in September 2004. The Watauga County Board of Commissioners has
requested and been granted the appropriate funds from the Clean Water Management Trust Fund
to perform work outlined in the following application. We have carefully developed this
application and have considered all potential impacts and benefits of this work. It is important
that the construction for this urgent stabilization/enhancement work be conducted as soon as
possible. We look forward to quick regulatory action and approval of this repair plan so this
important work can be accomplished.
Engineering P l a n n i n g F i n a n c e
McGill Associates, P.A. P.O. Box 2259, Asheville NC 28802 55 Broad St. Asheville NC 28801
828-252-0575 • FAX.• 828-252-2518

Ms. Amanda Jones and
Ms. Cyndi Karoly
June 15, 2007
Page 2 of 2
We have made every effort to effectively address each and every concern related to this
endeavor and the need to protect this area's water resources. We believe that the
stabilization/enhancement plan developed for this site is comprehensive and represents well
thought-through consideration of the existing water quality problems and will result in effective
management of any "short term" impacts during the construction phase.
We are looking forward to being able to proceed with this work as soon as possible.
Please let myself or Forrest Westall know of any issues or considerations that need to be
addressed to secure approval for this planned work. Please note that we are sending five (5)
copies of the permit package to North Carolina Department of Water Quality (Raleigh). In
accordance with the correspondence we have made with NCDWQ regional 401 contact, Mr.
Daryl Lamb, we have directly submitted to him his one (1) copy of this permit application and
stabilization/enhancement plan. We have also directly submitted one (1) copy of the plan to Mr.
Ron Linville with the North Carolina Wildlife Resource Commission for his comment and
review at his request. If you would like to request a meeting on site to discuss the project in
more depth, please let me know. Thank you for your attention to these applications.
Sincerely,
McGILL ASSOCIATES, P.A.
-~
J. P. JOHNS, P.E.
Enclosure
cc: Mr. Ron Linville, NCWRC
Mr. Daryl Lamb, DWQ Winston-Salem
Joe Furman, P & I / EDC Director Watauga County
Forrest Westall P.E., McGill Associates
McGill Associates, P.A.
P.O. Box 2259, Asheville NC 28802 SS Broad St. Asheville NC 28801
828-252-0575 FAX.~828-252-2518

Office Use Only: Form Version March OS
07-1108
USACE Action ID No. DWQ No.
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing

Check all of the approval(s) requested for this project:
Section 404 Permit ^ Riparian or Watershed Buffer Rules
Section 10 Permit ^ Isolated Wetland Permit fiom DWQ
401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 37
3. If this notification is solely a courtesy copy because written approval for the 40I Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP} is proposed
for mitigation of impacts, attach the acceptance letter fiom NCEEP, complete section VIII,
and check here: ^
S. 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. A licant Information D ~~ ~~~
PP
JUN 2 ~ 2007
1. Owner/Applicant Infoi~nation
Name: Watauga County, NC DErIR - WATcR QUALITY
Mailing Address: 331 Queen Street, Suite A e -~"`c~
Boone North Carolina 28607
.~ e. ~ ux rwJn...
Telephone Number: Fax Number:
E-mail Address:
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: J.P. Johns, PE
Company Affiliation: McGill Associates P.A.
Mailing Address: 420 E Park Ave., Suite 30S
Greenville SC 29601
Telephone Number: 864-234-6944 Fax Number: 864-235-6766
E-mail Address:' 'ohns c,mcgillengineers.com
III. Project Information
Page 5 of 13

Attach a vicinity map clearly showing the Iocatian 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 passible, 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 maybe included at the applicant's discretion,
so Long as the property is clearly defined. For administrative and distribution pui~oses, 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: Brookshire Park Stream Enhancement and Stabilization
2. T.I.P. Project Number or State Project Number (NCDOT only}: N/A
3. Property Identification Number (Tax PIN): 2921-00-6676-000
4. Location
County: Watauga County Nearest Town: Boone, NC
Subdivision name (include phase/lot number}: N/A
Directions to site (include road numbers/names, landmarks, etc.): From Boone, NC take
Hwy 421 (King_Street),, left on Brookshire Road site is on right on river adjacent to park.
5. Site coordinates (For linear projects, such as a road or utility line, .attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum}: 36.2272 °N -81.6428 °W
6. Property size (acres): 7.64
7. Name of nearest receiving body of water: South Fork of the New River
8. River Basin: New River
{Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admit~/znaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Brookshire Park is a recreational area developed by
Watauga County. The southern border of the uropeity is hounded by the South Fork of the
New River. The river bank on the park side is severely eroded with 10-15 ft vertical banks
along approximately 500 feet of Brookshire Park's river edge.
Page b of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
project will consist of proyiding_a stabilization plan for the South Fork of the New River
along its border with Brookshire Park. The stabilization plan will consist of moving the left
edge of water towards the center of the river by building the Left bank out approximately S
feet while armoring the toe with large boulders and, where needed providing, a bankfull
bench approximately S feet in width to helu alleviate in fiiture bank erosion. A point bar on
the right side of the river adiacent to Brookshire Park will also be modified. The point bar
will also be moved towards to the right bank approximately S feet and be cut down to an
elevation which will allow the river to use it at high water situations. Approximately 2 or_3
in-stream structures will also be built to help turn the water away from the severely eroded
banks The in-stream structures will either consist of rock veins or log veins depending on
the availability of materials. All over bank areas will be stabilized with temporary seeding,
native vegetation and biodegradable excelsior matting to ensure minimal erosion during
gestation period. The left river bank will be stabilized with temporary seeding, native
vegetation and either coir f ber matting or a combination of Enkamat and Flexteira Growth
Medium.
11. Explain the propose of the proposed work; Watauga County received a grant from the
Clean Water Management Trust Fund to do the pro osed work in order to stabilize and
prevent further degradation to the river banks in this section of the South Fork of the New
River.
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 futtue 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.
Page 7 of 13

VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads}. Be sure to indicate if an impact is temporaty. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing ar description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 500 feet of the South Fork of the New
River are to be stabilized using Bioen ing Bering and Natural Channel Design Techniques.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both shucture and flooding.
Wetland Impact
Site Number
(indicate on map}
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no} Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)

Total Wetland Impact (acres}
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 8 of 13

Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Tin act Impact
Length
Linear feet Area of
Impact
acres

I South Fork New
River Stream Bank
Stabilization
Perennial Approx.
S00

Total Stream Impact (by length and acreage) 500
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.}. Open water impacts include, but are nat limited to
fill, excavation, dred~in~, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resuitin~ from the project:
Stream Impact (acres):
Wetland Im act acres):
Open Water Im act acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 500
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and sheam 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
Page 9 of 13

Describe the method of construction (e.g., dam/embankrrrent, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or puzpose of pond {e.g., livestock water7ng, irrigation, aesthetic, trout pond,
local stor~rrwater requirement, etc.):
Current land use in the vicinity of the pond:
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
infortna#ion 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. The stream bank on the east
side of the park needs to be repaired and restored to avoid continued sedimentation and erosion
of the banks and property. Restoring the channel to pre-storm conditions and stabilizing the
stream banks will provide the appropriate protection against future high water storm events.
When at all possible, equipment will be kept out of the stream channel and stream crossings will
be minimized. Temporazy stabilization measures will be employed on all bare soils within 15
days of around disturbing activities.
VIII. Mitigation
DWQ - In accordance with 1SA NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January IS, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in detezmining 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.
Tf Mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.eru.state.nc.us/ncwetlands/strm~ide.html.
Page 10 of 13

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet}
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] #o determine availability, and written approval from the NCEEP indicating
that they are will to accept paymen# for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.naus/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet};
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested {acres):
Amount ofNon-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 ublic (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ~ No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)7
Note; If you are not slue whether a NEPA/SEPA document is required, call the SEPA
coordinator at {919 733-5083 to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers {required by DWQ}
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence fiom the DWQ
Page i l of 13

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
(Meuse), 15A NCAC 2B .0259 {Tar-Pamlico), 15A NCAC 02B .0243 (Catawba} 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify }? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zoae* ~ lsauareafeefl I Multiplier ( M t~~ation
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 fee# perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of zone 1,
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Kipatian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, ar .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage {existing and proposed) versus total acreage on the si#e. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The park has parking and a walking trail, and the
proposed project adds no impervious area to the site.
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
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No ^
Page 12 of 13

Is this an after-the-fact permit application? Yes ^ No
XIII. Cumulative Impacts (required by DWQ)
Wi11 this project (based an past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
if yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
}~tt~;//h2o.enr.state.nc.us/ncwetlar~ds. If no, please provide a short narrative description: There
is no further proposed development for this portion of the site.
XIV. Other Circumstances (Optional):
Tt is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time far 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).
Page 13 of I3
(Agent's signature is valid only if an authorization letter fiom the applicant is provided.}