20061218 Ver 1_401 Application CC_20060727

i 1 1 t r
1 r 1 r
1638 Brushy Fork Road; Trade, TN 37691
ph/fax:423~~~~me.828.773.3820 X 0 0 6 1 2 1 8
July 24, 2006
~.. Steve Chapin COURTESY
Asheville Regulatory Field Office COP Y
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5005
RE: Pine Mountain Branch Stream Crossing
Ashe County, NC
Mr. Chapin,
Enclosed is a Nationwide 14 PCN permit application for the referenced project. Cumulative
impacts for this proposed protect are 40 linear feet to stream(s) with no proposed wetland
impacts. Brushy Fork Environn~tal Inc. has prepared this application is available to answer
any questions you may have.
Sincerely,
t
Adam Williams, Environmental Specialist
Brushy Fork Environmental Consulting, Inc.
cc: Divisor of Water Quality 401 Wetlands Unit
Ron Linville, US Fish and Wildlife Service n ~ ~
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t~ErvK - v~~a,Tc~t c~uN~rrv
1NE7LA.NCS n,~ STt;.°_!~N.?,TER 9RANCM

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. `~ n Cl ~ 1 ~ 1 8
(If any particular item is not applicable to this project, Please enter "Not Applicable" or "N/A".)
COURTESY
I. Processing COPY
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 14
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), chec n~~ ~-~
~ l1 l~ D
II. Applicant Information
.JILL 2 ~ Z,OQ6
1. Owner/Applicant Information
Name: Adam Wil ' Brush Fork Environmental Consul ' Inc. ~:n~ + ~~ R~aN('N
Mailing Address:... 1638 Brushy Fork Road
Trade, TN 37691
Telephone Number: 423-727-4476 Fax Number:
E-mail Address: adamtnatibonline.net
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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 ProP~y
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 fiill-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: Pine Mountain Preservation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 11030-048
4. Location
County: Ashe Nearest Town: West Jefferson
Subdivision name (include phase/lot number): No Name
Directions to site (include road numbers/names, landmarks, etc.): Follow Highway 88/194
North out of West Jefferson approximately 5 miles to Warnensville. Bare southwest toward.
Creston 16.5 miles turning_riaht on Brushy Fork Road Follow Brushy Fork Road for 1 mile
turning right onto Pine Mountain Road. The Project Site is the wooded lot ¢eft) 2 miles from
the intersection.
S. Site coordinates (For linear projects, such as a mad or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits mirLm_um): 36deg 25'48" °N 81deg 42'47" °W
6. Property size (acres): 30.211 acres
7. Name of nearest receiving body of water: Pine Mountain Branch
8. River Basin: New River -North Fork Subbasin
(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/.)
Page 6 of 13

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 entire 30.211 acre site is well-forested. Pine Mountain
Branch flows north to south along_the eastern site boundary for approx 1000 linear ft and
exists with dense Rhododendron throughout.
10. Describe the overall project in detail, including the type of equipment to be used: The Pine
Mountain p~erty exists as a well forested 30 211 acre tract currently owned by BFEC. Inc.
The,proposed entrance road is Located along Pine Mountain Road and is intended to access
the western portion of the site A single jurisdictional channel Pine Mountain Branch is
located at the site entrance and is_pro_posed to be impacted to access the site. This Class C -
Trout stream flows north to south and adjacent to Pine Mountain Road and is located at the
eastern boundary of the project site tsee attached Site Ma,_p) with a width of 2-3 ft.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to create the
access to the 30.211 acre site. The proposed jurisdictional impacts are crucial to site access.
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). ff 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 future permit requests anticipated for this project? ff so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future jurisdictional impacts are proposed 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
riPmP ~iP~' P~)• Be sure to indicate if an impact is temporary. All proposed impacts,
Page 7 of 13

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 evacuation 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: To access the Project site a 3b" CMP
is proposed to encapsulate Pine Mountain Branch a Class C-Trout channel, for
approximately 401inear ft. Project im_,pact len t~h(s) are associated with road width itself and
it's associated cut and fill This impact is unavoidable and crucial to access Pine Mountain
site.
Brushy Fork Environmental Inc. is currently, researching the placement a permanent
conservation easement on the majorit~of the Pine Mountain Branch reach and it's associated
riparian buffer areas The proposed access road is intended to accsess tlar Proiect Site with
minimal impacts to the channel before the conservation easement is ylaced on the Froiect
Reach.
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,
aratel list im is due to both structure and fl
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Weiland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located wrthm
1t)Qyear
Floodplain
es/no Distance to
Nearest
Stream
'ear feet) Area of
Impact
(acres)

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

S~~ ~p~
Number
(indicate on m
Stream Name
Type of Impact
~~ or Average
Stream Width
Before hn Impact
Length
'ear feet Area of
Impact
acres
Pipe Impact Area Pine Mountain
Branch Com~gated Metal
Pi Perennial 2-3 ft 401inear ft .002 ac

Total Stream Impact (by length and acreage) .002
acres
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 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 im to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): 0.002 ac
Wetland Im t (acres):
Water Impact (acres):
Total Im act to Waters of the U.S. (acres
Total Stream Impact (linear feet):
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.):
Page 9 of 13

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 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 allow access to the 30.211 ac Project Site with minimal
impacts to streams. The_proposed stream impact is associated with the project entrance road
accessing the Project Site (see Site Map) A 36"x 401inear--$ CMP is proposed at the proposed
road crossing of Pine Mountain Branch, anperennial-headwater reach of a Class-C-Tmut
channel. The proposed pipe will be placed below the elevation of the existing streambed to allow
low flow_passage of water and aquatic life Placing a conservation easement on the Project Site
will ensure that impacts are minimised throughout for Generations to come
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 aad 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 pnxessing. 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
Page 10 of 13

Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. em•.state.nc.us/nc~vetlands1st77n ~i d e.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 (acreagellinear feet)
of mitigation proposed (restoration, enhancemeirt, 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.
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/wip/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 (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)?
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 ^
Page 11 of 13

x
XI.
XII.
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 (Catawl~) 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.
I Zone* I .,, ~„+~ I Multiplier I R~
3 (2 for Catawba)
1.5
2
Total
* Zone 1 extends out 30 feet perpendicular
additiona120 feet from the edge of Zone 1.
3.
the top of the near bank of channel; Zone 2 extends an
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
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 20'0, please provide calculations
demonstrating total proposed impervious level. Total acreage on the site exists as 30.211 acres
with impervious a <1%. At this time no impervious surfaces are~oposed on the site. just
the gavel site access road.
Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatmenct methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 12 of 13

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .05(14) or aay Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No ^
XIV. Cumulative ImpacL4 (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 Waxer Quality policy posted on our website at
http://112o.enr.state.nc.uslncti~-etlands. If no, please provide a short narrative description: No
future impacts arepro~osed to on site iurisdictional areas at this time.
XV. Other Circumstances (Optional):
It is the applicant`s responsibility to submit the application suffcieirtly in advance of desired
construction dates to allow pmocessing 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).
-7/Z
Zd©fD
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided)
Page 13 of 13

o .n~ n nn" r~r A01~ A7~ A M^ LA!
Name: BALDWIN GAP Location: 036° 25' 48.86" N 081° 4~~47.7~~V1/ ~ .~ "I..~~C~~
Date: 7/10/2006 Caption: Pine Mountain Location Map 11..
Scale: 1 inch equals 2000 feet
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Copyright iC)1998, Maptech, Inc-

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Photosheet
Proposed site access area A view of Pine Mountain Road with
the Subject Property to the right
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©~-ura wa~fi~,,~ C~v ~
Pine Mountain Branch as seen from upstream -
adjacent landowner's existing stream crossing
Stream crossing proposed with minimal
disturbance to vegetation