20071312 Ver 1_401 Application_20070707

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July 26, 2007
Amanda Jones
Corps of Engineers
Asheville Regulatory Office
151 Patton Avenue, Room 208
Asheville, NC 28801
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Dear Amanda:
The permit application for the replacement of the damaged stream constrictor structure on
-the Linville River is enclosed. I am not applying for the second site where the water line
crossing was done. Kevin is looking into whether or not that should be fixed by McGill
or their contractor.
Ron Linville suggested that I put in two j-hooks at the bridge. That is not possible,
because the second j-hook would have to be tied into the bank on the road right-of--way.
So, I have suggested the boulders to deepen that area and provide some fish habitat. We
placed boulders like that in the Linville River above the Linn Haven bridge about five
years ago and it worked quite well. I will select the boulders and rocks for the structure
and oversee the installation. We hope to do this work in mid-September.
Sincerely,
i1 ~-~
Pamela M. Boaze
President
Cc: Kevin Barnett, DWQ Asheville
Cyndi Karoly, DWQ Raleigh
Ron Linville, WRC
W.W. Wood, Kawana Fishing Club
John Blackburn, Linville Resorts

Office Use Only: Form Version March d5
- ~ ~ 1 L
USACE Action ID hto. DWG No.
(If any particular item is not applicable to this project, please enter "Not Appucanie" or ..rvr~ .l
I. Processing
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: NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina 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: ^
- ~ -a
II. Applicant Information ' "`~ °`- ~ " ~~~ " '
1. Owner/Applicant Information
Name: Linville Resorts/Kawana Fishing Club ~,G- r~ ~= N ~~ ~~, ~ t
Mailing Address: John Blackburn '~`~~` ~ "' `~ ~' ~ ' `~' ~R.~"cH
P.O. Box 99
Linville NC 28646
Telephone Number: 828-733-4311 Fax Number: 828-733-3227
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: John Boaze
Company Affiliation: Fish and Wildlife Associates Inc.
Mailing Address:_ P.O. Box 241
Whittier NC 28789 _~
Telephone Number:_ 828-497-6505________ Fax Number:__828-497-6214__________________
E-mail Address: fwa~c~dnet.net __,---- -- ------_-----____-- --____.--
Page ~ of 12

III. Project Information
5.
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
USAGE 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: Linville River at Hwy 181 bride
Z. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Avery Nearest Town: Linville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): The bridge is located at
the junction of highways 221 and 181. The structure to be repaired is immediatel~pstream
of the bridge
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N
6. Property size (acres): NA
7. Name of nearest receiving body of water: Linville River
8. River Basin: Upper Catawba River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htl7.''h?« nr >t~~t~.~~c u5'ac~~l~u1'~~~at~,/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is wooded and undeveloped. __ ~,.______
attach a sheet that
oW
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The
structure will be replaced using a track hoe to construct a j-hook in the channel. Four lame
boulders will be placed in the Aide downstream of the j-hook to help deepen the center of the
channel andprovide habitat for fish These rock will be installed by burying the rock up to
50% of its height in the substrate The rocks will be below bankful and only slightly above
normal water level.
11. Explain the purpose of the proposed work: The channel structure was lost during the 2004
floods The structure was needed to constrict the river channel. It was originally constructed
of logs but is proQosed to be replaced with a rock structure more in keeping with the natural
channel substrate materials The river is overlywide from the structure to the bridge and has
no fish cover.
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.LP. project, along with
construction schedules. No prior permits were requested for this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No _-
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 he 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. It additional
space is needed for listing or description, please attach a separate sheet.
Page 7 ;~f ? 2

1. Provide a written description of the proposed impacts: A j-hook will be used to repair
a damaged fish habitat structure for river constriction. The work will be done in the stream
and impacts will consist of temporary disturbance of substrates. This will likely cause minor
sediment disturbances and temporary rise in turbidity. It is estimated that the turbidity
last less than 4 hours while the work is being conducted. Installation of the 4 boulders will
also cause some temporary turbidity. Material removed from the channel to set the rocks will
be placed along the shoreline behind the large boulder shown on the sketch.
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 ]mpact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
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.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
(indicate on ma) Intermittent? Before Im act (linear feet) (acres)

S-1 Linville River Placement of perennial 50 10 <0.01
structure
S-1 Linville River Placement of rocks Perennial 6
Total Stream Impact (by length and acreage) 16 <0.01
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 Name of Waterbody
Site Number Type of Impact
(if applicable)
(indicate on map)
Total Open Vdatrr Impact. (acres:)
Type of Waterbody Area of
(lake, pond, estuary, sound, bay, Impact
ocean, etc.) (acres)
Pabe 8 of I :~

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): <0.001
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) <0.001
Total Stream Impact (linear feet): 16
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 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
local stormwater 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
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.
Minimization of impacts could be accomplished by replacement of wooden structure on the
left ascending bank. However wooden structures must be cabled or secured with large rock to
prevent loss during flood events. Therefore replacement of the entire structure with a rock
structure will over time result in less disturbance to the stream.
VIII. Mitigation
DWQ - In acc~~rdance with. 1.5A 1~J~`AC 21~ .0500, mitigation may be required by the NC
Division of Water (~ua.lity for projects involving greater than. or equal to one acre of impacts to
watering, irrigation, aesthetic, trout pond,
f'age~3~f12

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 I5, 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
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/strn~~ide.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.
NA
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.statc.nc.us/wry/i~~dex_htm. If use of the NCEEP is proposed, please
check the appropriate bax 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}:_~_
Page 10 cif 12

IX. Environmental Docurnentatiaaz (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 enviromnental 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 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
(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.
Zone* I Impact I Multi lier Required
1 3 (2 for Catawba)
2 I.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 1 SA MCAC 2B .0242 or .0244, or .0260.
Page 1 1 of .2

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.
NA __-
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.
NA --__ --
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No ^
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).
> ~
ApplicantlAgent sSignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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Linville River at US 221 bridge
Height from wetted edge to bankfull - 1.8 feet
Dmax in pool is 4 feet
Depth of water at thalweg during survey - 3.18 feet
Width of river at head of pool - 44 feet
Width of river at riffle - 25 feet
Slope measured from top of riffle to end of pool -1

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Linville l~e~~ort.~, Inc.
~f'he hseeo!a Lodge
January 17, 2001
Mr. John L. Boaze
Fish and Wildlife Associates, Inc.
PO Box 241
Whittier, NC 28789
Dear Mr. Boaze,
This letter will confirm your designation as our agent. You are
hereby authorized to act on behalf of the resort in regards to all issues
pertaining to the environment and the regulation of the environment.
We appreciate your willingness to act in this capacity.
Sincerely,
!/
John M. Blackburn
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