20071507 Ver 1_401 Application_20070907

Bxksr Engineering NY, Inc.
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Fax 32& a5G 1~(~9
TO: Asheville Regional Office RE:
Division of Water Quality
2090 U.S. Highway 70
Swannanoa, NC 28778
ATTENTION: Mr. Kevin Barnett
LETTER OF TRANSMITTAL
f .~ _. ~ J ~.! 7
Givens Estates Stream Stabilization
DATE: August 29, 2007 JOB NO. 111161 ~,~~~~ ~ _'~'
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We are sending via:
Overnight 0 Regular Mail ~ Pick-up 0 Hand Delivered
The following items:
Ox Correspondence ax Plans ~ Specifications 0 Other as listed below:
_ COPIES DATE NO. DESCRIPTION
5 8/29/07 1 Preliminary Design Plans __
THESE ARE TRANSMITTED as checked below:

B For Approval e As Requested e Approved As Submitted e Returned For Corrections
x For Your Use x For Review And Comment Approved As Noted Forward To Subcontractor
REMARKS:
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COPY TO: o ' 't COE SIGNED: `
I) WATER QUALITY SECTION
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1, David Smith, Grounds Dau~ector for Gi~rea~s Estates, attest to the fact that Givens Estates has
entered into a contract with Baker Engineering NY, Inc. (Baker) to provide engineering services and
permtitting assistance in support of a stream bank stabilization project an the Givens Estates
property. In. this contractual relationship, Baker will act as Givens Estates' agent for the purpose of
accomplishing this work. Specifically, employees of Baker may take those actions necessary to
obtain environmental permits firom the U. S. Army corps of Engineers, N. C. Division of'Water
Quality, and N. C. Division of Land Quality.
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David Smith, Grounds Director
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236o Sweeten Creek Road • Asheville, North Carolina z88o3
828--274 Soo

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Office Use Only: yy~'~p3pypS?~?1F~uAicRt~FL'ii`i(;H Form Version March 05
USACE Action ID No. DWQ No. 0 7 - 1 5 0 ~
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
PAID
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: Nationwide 18, 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 de~~"rls~;`~heck hers -~~~-----~ ~~~~ °~
II. Applicant Information
1
Owner/Applicant Information
Name: Give
Mailing Address: Attn:
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Smith
;ek Rd.
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Asheville. NC 28803 `: ~ ~ ~ -
Telephone Number: (8281274-4800 Fax Number. __` `~°"`'' `"""'" -=-~-9'
E-mail Address: http•//www gLvensestates us/welcome/
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: Mr. Andrew Bick PE
Company Affiliation: Baker Engineering NY Inc Asheville Field Office
Mailing Address: 797 Haywood Rd Suite 201
Asheville NC 28806
Telephone Number: 828.350.1408 Fax Number: 828.350.1409
E-mail Address: abick mbakercor~ com
Updated 11 / 1 /2005
Page 1 of 10

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: Givens Estates Stream Stabilization Project
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): 965511562955
4. Location
County: Buncombe Nearest Town: Arden
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Givens Estates is 3.7
miles south of Exit 51 of I-40 on Highway 25-A (Sweeten Creek Road). The site begins at a
culvert inlet by the Oxford Commons buildin>; and extends S50 linear feet upstream of an
unnamed tributary to a wooded stream reach. The second site is located on 100 feet of
unnamed tributary between two pedestrian bridges upstream of a Rond immediately west of
Oxford Commons Work between the lower bridge at the pond will be performed by others,
as shown in the attached sketch.
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): 35.5068 °N 82.5132 °W
35.5066 °N 82.5137 °W
6. Property size (acres): Approximately 225
7. Name of nearest receiving body of water: Dingle Creek ~, ~ .. n. ._ , ,. ,
8. River Basin:
(Note -this must be one of North Carolina's seventeen
River Basin map is available at http://h2o.enr.state.nc.us/
Updated 11 / i /2005
Page 2 of 10
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9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use surrounding the~roject sites consist of a
retirement community made up of community buildings recreational features, utility lines
and residential structures Land cover on the project site is primarily urban with small
wooded features and maintained landscaping features Most of the riparian area for the two
unnamed tributaries has been landsc~ed with shrubs and other plantings or is in lawn. A
lack of substantial riparian vegetation and other factors including stormwater run-off from
sites adjacent to the two unnamed tributaries have caused its banks to experience moderate to
severe erosion In addition the stream channels were previously_modified when utility lines
were installed across the channels As a result these tributaries have experienced unstable
banks headcutting over-widening and a loss of defined std-Wool systems typical for other
streams of their headwaters position Both tributaries are transporting a moderate load of
sediment to areas of the channel downstream of the project sites to a pond on the property
and eventuall ty o Dingle Creek Restoration and enhancement activities are designed to
restore riparian vegetative functions reduce bank erosion and restore channel profile.
10. Describe the overall project in detail, including the type of equipment to be used:
Restoration and enhancement activities proposed for this site include establishing a minimum
10 foot buffer of native vegetation along both banks of each tributary in the project area,. and
placing~geolifts with live stakes and coir fiber matting on eroding stream banks. Activities
proposed for streambed features will consist of reconfiguring- the channel by removing
material in depositional areas and restoring channel substrate in sections immediately below
headcuts Small boulder grade control structures will also be installed to restore step-pool
features of the tributaries This work will require the use of a small track-hoe with a
hydraulic thumb and dump trucks to haul materials to the site.
11. Explain the purpose of the proposed work:
The purposes of this project are to reduce bank erosion and improve the aesthetics of the
stream corridors by stabilizing streambanks establishing riparian areas, addressing channel
sections affected by headcutting Utility lines crossingthe tributaries in the proiect site will
also be protected by addressing the stream channels.
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 USAGE 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.
No prior permits have been requested or issued for the proposed project. A previous, on-site
stream miti atg ion ~roiect was conducted on another on-site stream by another firm.
Updated 11 / 1 /2005
Page 3 of 10

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 future permit requests are anticipated If unforeseen repair work is required during
project agreement Baker En in~g will re-submit appropriate documentation for permitting.
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 maybe 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: Impacts from this work will be
minimized whenever possible However in order to accomplish the restoration effort,
impacts may be realized from temporarily increased turbidity when boulders or geolifts are
installed and from temporary loss of vegetation The over-widened channel condition and
headcutting on the tributary reach above the Oxford Commons Building will be addressed by
the installation of a series of boulder cross vanes that will center the thalweg, improving
sediment transport and aiding in the stabilization of failing stream banks. Geolifts
supplemented with live stakes will be .placed adjacent to riffle sections of the tributary as
well as a section of streambank experiencing severe erosion. Coir fiber matting will be
staked along other sections of bank and will be treated with temporary and permanent seed
mixtures and native live stakes The unstable stream profile in the second unnamed tributary
(Reach 2) will be improved by installing a series of boulder cross vanes. Coir fiber matting
will also be applied in this reach as needed.
Vegetation utilized in the geolifts and riparian enhancement areas in both project reaches will
be selected b~ their ability to provide higher quality biomass to the stream to sunnort the
aquatic food chain and by their ability to root deeply thus stabilizing the streambanks.
Anticipated lon -tg erm positive impacts of the project include an increase in stream bank
stability increased hetero eg neity of instream habitat and improved vegetative cover.
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.
Updated 11! 1/2005
Page 4 of 10

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) 0
List the total acreage (estimated) of all existing wetlands on the property:
3. 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 Intermittent? Stream Width Length Impact
(indicate on map) Before Im act (linear feet) (acres)
Grade
streambanks/Remove
Unnamed depositional bars, correct
Reach 1 Tributary 1 channel bed at headcuts, Perennial 8' 550 if 0.10
and install
boulder/grading
structures
Grade
streambanks/Remove

Reach 2 Unnamed depositional bars, correct
channel bed at headcuts,
Perennial
g'
100 if
0.02
Tributary 2 and install
boulder/grading
structures

Total Stream Impact (by length and acreage) 6501f 0.12
Updated 1 l / 1 /2005
Page 5 of 10

4. 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 map)
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
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.12
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 650
6. 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.
7. 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:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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
Updated 11/1/2005
Page 6 of 10

techniques to be followed during construction to reduce impacts. The nature of stream
enhancement and restoration work requires that the work be done as described. To minimize
potential impacts we will be clearingonly that amount of stream bank that can be graded, seeded
and matted by the end of that same day Temporarypermanent seed mixtures will be applied
beneath erosion control matting installed and other areas where land disturbance occurs. A
series of check dams will be placed downstream of the project areas. The dams will be placed
approximately 20' apart and will be maintained at a minimum weekly or at which time sediment
trapped behind the dams reach 12" in depth All staging areas will be separated from flowing
water b~~rass buffer strips and silt fencing Woody vegetation and utility corridors in the
vicinity of the project area will also be avoided.
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 maybe 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/strmgide.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.
Updated 1 I /1 /2005
Page 7 of 10

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 ofNon-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.
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
Updated 1(/ I /2005
Page 8 of 10

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
(square feet) Multiplier Required
Mitigation
1
2
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.
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.
The project sites are 100% pervious and will remain so after the project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
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
Updated 11/1/2005
Page 9 of 10

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).
This project is expected to be completed by January 1, 2008.

~`L°J~c+`7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1 l / 1 /2005
Page 10 of 10

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