20071124 Ver 1_401 Application_20070607

June 19, 2007

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I11K1?C'I'(1RS
Amanda Jones
r„n,n,;~;a,n~,l~l US ACE Regulatory Division ~. p A j
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151 Patton Avenue, #208 ~.,,~
I1""'' a"" Asheville, NC 28801
Olen Gallinunr
Dear Ms. Jones,
r..n, II(,rr~„an

l Enclosed please find the Pre-Construction Notification Application for the Robert
ilcn II(,I~l,n.
Li
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and Trilby Wall project on the South Fork New River.
I=` ~' I"~I` ~ If you have any questions please contact me at 336-846-4871 or on my cell at
~;~~~,.~,~~~~~ 828-268-4609.
I Icnn- .li,nlan
Thank you!
l~,hn Mac('~,nnell.
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Sincerely,
Icrn MrRlillan s sc~~~
~~•~" ~~~~
IIlic Pencl. '~~~
I
Lynn Caldwell
crai~~'rEn~~
I;III \~'aI(ICII
I ~ ~,~, w~,~~n Cc: Daryl Lamb, NC Division of Water Quality
Ron Linville, Wildlife Resources
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POST OFFICE BOX 1480 WEST JEFFERSON, NORTH CAROLINA 28694 336-846-48/1 FAX [phone]
WWW.NCNR.ORG INFOI=.'NCNR.ORG Pri~~o-~+: ., .~,... _,~,,,,~. .po~~- ~i~ ....

Office Use Only: Form Version March OS
0 7- 1 1 2 4
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~ ~ r "~
-.... __
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 13
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: _ Robert and Trilby Wall
d ~~LI~L
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Mailing Address: 523 River Sound !'~ENfi ~ v"Ai 1=~ ~~~~~~ ~r~cH
_71.A!~lfyS P,~!0 3TC?R!~~ATE.
West Jefferson. NC 28694
Telephone Number: 336-877-1438 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: Lvnn Caldwell. Restoration Director
Company Affiliation: National Committee for the New River (NCNR)
Mailing Address: PO Box 1480 West Jefferson, NC 28694
Telephone Number: 336-846-4871 Fax Number: 336-846-6433
E-mail Address: [e-mail]~
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: Robert and Trilby Wall
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 12310-027-055 and 12310-027-056
4. Location
County: Ashe Nearest Town: West Jefferson
Subdivision name (include phase/lot number): Heritage Estates
Directions to site (include road numbers/names, landmarks, etc.): Starting at the 194/221
intersection in West Jefferson (Ingles, McDonalds) go away from town on 163 for 5 miles.
Turn left into Heritage Estates. Follow road over hill. Turn left onto River Sound to end.
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° 19'52.77" °N 81° 24'48.72" °W
6. Property size (acres):
2.31
7. Name of nearest receiving body of water: South Fork 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/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: This is a residential site. According to the owners the river
bank had been left alone when they built and was very stable. Some unknown person(s) cut
Page 6 of 13

the vegetation off of the bank when they were away for several months about 2 years ago
Since then portions of the bank have eroded and the bank has collapsed in several places
They have lost about 5-10 feet of riverbank. At present there are both sheared banks eroding
banks, and collapsing of the banks and the area appears very unstable
10. Describe the overall project in detail, including the type of equipment to be used: The banks
will be graded back to a 2.5:1 slope. Immediatel ay fter rading the banks will be seeded with
a_permanent ground cover mixture (creeping red fescue white clover orchard grass and
other natives). Native shrubs such as mountain laurel rhododendron and flame azalea will
be planted at the top of the banks. As soon as is possible (December 2007) livestakes of silky
dogwood, ninebark, elderberry, and silky willow will be installed through the matting--
Three rock vanes will be constructed to stabilize eroding streambanks and reduce near bank
stress. (For location of rock vanes, see Figure 1.) Rock vanes will be installed using_standard
construction techniques for these structures (Detail A). Rock vanes will range from 18 to 22
feet in length and will be built at an angle of 20° to 30° from the near bank Rock vanes will
slope from the bankfull or inner berm bank elevation at a 5% to 15% slope The length of the
vane will depend on the slope. Large boulders will be used to construct the rock vanes In-
river Qravel and cobble removed during construction will be placed behind (upstream) of the
large boulders as fill material. While most of the work can be completed from the top of the
bank, some in-river equipment operation will be required. All work will be done by a
trackhoe with a hydraulic (preferred) or mechanical thumb.
Care will be taken to put out groundcover mixture and straw or coconut fiber matting as each
phase of the project is completed. No soil will be unprotected for longer than 24 hours
11. Explain the purpose of the proposed work: The purpose of this work is to repair and stabilize
the eroding river banks at the Wall property to stop further erosion and land loss to improve
habitat for aquatic fauna, and to improve the overall condition and function of the riparian
area along this section of the South Fork 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
Page 7 of 13

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.
None anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Less than 0.2 acre will be disturbed
during the restoration process. Impact will be minimized by seeding and the installation of
straw and/or fiber matting within 24 hours of disturbance.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 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
Page 8 of 13

walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Average Stream Impact Area of
Number Stream Name Type of Impact perennial 07 Width Before Length Impact
(indicate on ma) Intermittent. Im act (linear feet) (acres)
123 feet
1 South Fork Rock Vane #1 perennial 30 0.02
New River installation
South Fork Rock Vane # 2 123
2 perennial 0.02
New River installation 30

3 South Fork Rock Vane # 3
perennial
1
30
0.02
New River installation
South Fork 123
4 Perennial 250 < 0. 14
New River Bank sloping

Total Stream Impact (by length and acreage) 340 < 0.2
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
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) 0
6. List the cumulative impact to all Waters of the U.S. resultine from the nroiect:
Stream Im act (acres): < 0.2
Wetland Im act (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): < 0.2
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.
Page 9 of 13

8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area: 0
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. The proposed work and
associated impacts are intended to stabilize the section of the South Fork New River at the Wall
~roperty with minimal stream impacts. All heavy equipment will be kept out of the stream
channel except when absolutely necessary to install the rock vanes. Permanent grass cover will
be planted on all bare soil within 24 hours of ground disturbing activities. This will be covered
with straw and/or coconut fiber matting and livestakes planted as soon as weather permits.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 10 of 13

aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/sh-maide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
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] to determine availability, and. written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Page 11 of 13

Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Zone* ( Impact Multiplier I Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet 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, Riparian 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, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There exists one house and one small outbuilding
on the property. The driveway is Waved. Impervious surface is estimated at 0.15 acres.
Therefore the total impervious surface is 6.5% of the property.
Page 12 of 13

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 (ISA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~- l~- O J'
A~licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

~'~~~~ l.. Vv'~l-.1, .rate ~~
I, ~ ~~Z11.t~Y 1~ ~~1~i_., ,designate Lynn Caldwell of the National Committee
for the New River (NCNR) to act as my duly authorized agent concerning all US
Army Corps of Engineers and NC DENR permitting regarding the streambank
restoration project on my property in Heritage Estates on the South Fork of the
New River in Ashe County, NC.
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~ Rock Vane Property Boundary Ashe County, NC
Prepared by the National Committee for the New River 2007 Feet
Source: Ashe County, NC Tax Mapping p 80 160 Project Location

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Prepared by the National Committee for the New River 2007 Feet
Source: USGS, Ashe County, NC Tax Mapping 0 630 1 ,260 ,~ Project Location

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West
Wall Property -Vicinity Map
Prepared h1+ the National Committee for the New River 2007
Source: USCS, Ashe County, NC Tax Mapping
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Project Location

ROBERT AND TRILBY WALL PROJECT
Figure 1 Before photo: site of Rock Vane #1
Figure 2 Before photo: site of Rock Vane #2
Figure 3 Before photo: Site of Rock Vane #3