20060328 Ver 1_COMPLETE FILE_20060228

OFWATFR
?O? ?G
Nlichacl F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 8, 2006
Dale and Mary MacCurdy
104 Douboon Drive
Slidell, LA 70461
DWQ Project # 06-0328
Buncombe County
Subject Property: Sugar Hollow Creek Stream Bank Stabilization
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. MacCurdy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 300 linear feet of streams for the purpose
of stream stabilization / restoration at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on March 3, 2006.
After reviewing your application, we have decided these impacts are covered by
General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s)
allows you to use Nationwide Permit(s) 13 / 27 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterguality.org
R?19U W 19
JUL 2 5 2006
DENR - WATER QUALITY
WETLANDS AND STmmATER BRANCH
??
.NCuEN t
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MacCurdy
Page 2 of 6
March 8, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 300 feet Sugar Hollow Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
MacCurdy
Page 3 of 6
March 8, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 /Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer shall not
occur during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Should large, angular rock, large woody material, or other natural stream design
materials and techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
MacCurdy
Page 4 of 6
March 8, 2006
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or
other clean diversion structures should be used to minimize excavation in flowing
water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
13. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Stream Classification regulations) must be restored along the construction sites to
natural riparian conditions with native trees and shrubs (e.g., silky dogwood,
rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore) to provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during
the dormant growing season. Cuttings should be randomly planted on four (4) foot
centers from the waters edge to the top of the bank. Trees should be planted on ten
(10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain. Replanting of vegetation within disturbed areas
located within 25 feet of the streambank associated with any land disturbing activity,
repair, replacement and/or maintenance must be done in a manner consistent with
the Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

MacCurdy
Page 5 of 6
March 8, 2006
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
17. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
18. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Asheville Regional
Office by phone at 828-296-4657 within 10 days of the commencement of
construction.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
MacCurdy ,
Page 6 of 6
March 8, 2006
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Stuart A. Ryman,
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0328.MacCurdy.Approval
OF W A rFR
Q Michael F. Easley, Governor
\O G
7 William G. Ross Jr., Secretary
?r
t- North Carolina Department of Environment and Natural Resources
k??' Alan W. Klimek, P.E. Director
Division of Water Quality
March 8, 2006
DWQ Project # 06-0328
Buncombe County
Dale and Mary MacCurdy
104 Douboon Drive
Slidell, LA 70461
Subject Property: Sugar Hollow Creek Stream Bank Stabilization
Approval of 401 Water Quality Certification with Additional Conditions ' I
Dear Mr. & Mrs. MacCurdy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 300 linear feet of streams for the purpose
of stream stabilization / restoration at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on March 3, 2006.
After reviewing your application, we have decided these impacts are covered by
General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s)
allows you to use Nationwide Permit(s) 13 / 27 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet wwvvncwateroualitv.ora
ra?,?r
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MacCurdy
Page 2 of 6
March 8, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
A roved Units Plan Location or Reference
Stream 300 feet Su ar Hollow Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
MacCurdy
Page 3 of 6
March 8, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer shall not
occur during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Should large, angular rock, large woody material, or other natural stream design
materials and techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
MacCurdy
Page 4 of 6
March 8, 2006
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or
other clean diversion structures should be used to minimize excavation in flowing
water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
13. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Stream Classification regulations) must be restored along the construction sites to
natural riparian conditions with native trees and shrubs (e.g., silky dogwood,
rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore) to provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during
the dormant growing season. Cuttings should be randomly planted on four (4) foot
centers from the waters edge to the top of the bank. Trees should be planted on ten
(10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain. Replanting of vegetation within disturbed areas
located within 25 feet of the streambank associated with any land disturbing activity,
repair, replacement and/or maintenance must be done in a manner consistent with
the Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
MacCurdy
Page 5 of 6
March 8, 2006
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
17. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
18. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Asheville Regional
Office by phone at 828-296-4657 within 10 days of the commencement of
construction.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
MacCurdy
Page 6 of 6
March 8, 2006
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Alan. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Stuart A. Ryman,
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0328.MacCurdy.Approval
CI-7 1;?
Cei tificatiom of (-,'o pile
DWQ Project No.: b(?, - O-SZ2Z County: l-?1-A
Applicant:
Project Name:C
Date of Issuance of Wetland Permit: ?'1(?`2 C ?? g Zob?
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicazzt's Certificatiozz
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I,,?,? , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials^
Signature: L Date: 6) 1 O
If this project was designed by a Certified Professional
1, ? ' , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, a d other su orting materials.
Signature: Registration No. t o y Date 1% o
r?.
D??r
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
tTy
CD'

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t9`?aMKlpe h, ? Feet; ?I Afllllatlona j`E3ent In'spectlorlt ?'CbMrhihWT,'HWoiy

Detallsl
I
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iL, and Corts :; r µg 41

Project Number:
200603/6 Wr don I dlatus. Icsuod I
Last Action Desc:Project Issued
'Project Name: MacCurdy- Sugar Hollow Stream Restoration 2213,01 ^Project Type: (Stream Restoration 1 Creation
j
Project Desc:
dam removal & creek restoration
'Owner: Maccurdy, Dale Details...
'Received From: Applicant COE ID: 'Primary County:
DOTTIP:' •AdminRegion: Asheville
Received DI: 0 212 812 0 0 6 Reviewer: kevin.barnah
Issued Dt: 0310012006
_•_S_e_c_o_nda_ry_County _ I',
Statutory Dt: 0 313 012 0 0 6
CAMA NEPAJSEPAReceived Dt
DCM OtTlce: SW Plan Received Dt:
COE Office: '. reville Regulatory Field Ot0ce. SW Plan Approved Dt: Public Notice Published Dt:
Last Updated By: laurle.dennlson SW Plan Location: Public Notice Received Dt: j
Last Updated On: 03/0112006 Sewage Disposal: P.N. Comment Period Ends Dt:
< Back Close
,Ready Page 111 SID:WPD1
Triage Check List
Date: 3/01/06 Project Name: MacCurdy-Sugar Hollow Stream Restore
DWQ #:06-0328
County: Buncombe
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 2/28/06 to 4/28/06

From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
E N G I N E E R I N G & H Y D R O G E O L O G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
February 24, 2006
Mr. David Baker
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
X0328
Ms. Cyndi Karoly
NCDENR, Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Kevin Barnett Mr. David McHenry
NCDENR, Division of Water Quality NC Wildlife Resource Commission
Asheville Regional Office 20830 Great Smoky Mountain Expressway
2090 U.S. Highway 70 Waynesville, NC 28786
Swannanoa, NC 28778
Subject: MacCurdy / Sugar Hollow Stream Restoration-2213.01
Dear Mssrs. Baker, Barnett, Karoly, McHenry:
Enclosed please find the pre-construction notification (PCN) for the MacCurdy / Sugar Hollow Stream
Restoration Project-2213.01 located on Sugar Hollow Creek, in Buncombe County. Work applied for in
this permit includes streambank stabilization, stream channel restoration, and debris removal.
The subject property was issued two Notices of Violation (NOV) from the Division of Water Quality
while under the ownership of Mr. William Galyean. Mr. Dale MacCurdy purchased the property with
the NOVs in place. Mr. MacCurdy wishes to remedy the NOVs and has contracted Altamont
Environmental to assist in this task. The primary goals in conducting this work are to address the two
NOVs by retuning Sugar Hollow Creek and its tributary to a more natural state. This will be
accomplished by completing the following tasks:
• Removing the impoundment in the stream,
• Restoring the stream channels to their approximate natural locations,
• Stabilization of streambanks within the project area,
• Restoring riparian vegetation and creating a riparian buffer, and
• Adjusting associated culverts to improve aquatic passage.
Sugar Hollow Creek and its tributary are classified as a class "C" stream and a trout waiver will not be
necessary for this project. Mr. Ryman has signed the application as an authorized agent for Mr. and Mrs.
Dale MacCurdy. A letter of authorization is attached.
P:UtacCurdyTCN_cover letter.doc
i

Mssrs. Baker, Barnett, Karoly, McHenry
February 24, 2006
Page 2 of 2
Altamont appreciates your review of this application. If you would like additional information, please
contact the undersigned.
Sit
Joel D. Lenk, P.G.
enclosures: Check for permit fee (Goodson and Barnett only)
PCN- MacCurdy / Sugar Hollow Stream Restoration-2213.01
Letter of Authorization
cc (letter only): Dale MacCurdy - Property Owner
PANIacCurdyWN_cover letter .doc
trz?
Office Use Only: r;U1 Form Version May 2002
USACE Action ID No. DWQ No. 3 2 8
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 13 and 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: Dale acid Maiy MacCu1°dy, Owners
Mailing Address: 101 Doubloon Drive
Slidell, Louisiana 70461
Telephone Number: 985-707-5681 Fax Number: N/A
E-mail Address: [e-mail]
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: Stuart A. Ryinan
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street
Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sryman altantontenvironmental.co»t
Page 5 of 16
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: MacCurdy/Sugar Hollow Stream Restoration-2213.01
(Formerly known as the William D. Galyean Property)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 969502977684
4. Location
County: Buncombe Nearest Town: Fairview
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow Charlotte Highway (US Highivay 74) east from Asheville through the town of Fairview
and turn left on to Hollywood Road at the base of Little Pisgah Mountain. Follow Hollywood
Road three-quarters of a mile and take the right fork on to Sugar Hollow Road. Follow Sugar
Hollow Road one-half mile to a small gravel road on the left. The site is across from 416 Sugar
Hollow Road and is located at the intersection of Sugar Hollow Creek and its unnamed
tributary.
5. Site coordinates, if available (UTM or Lat/Long): 035'30'34.97"N 082° 21 ' 40.38" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 3.67 acres; Disturbed acreage will be approximately 0.40 acres.
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Hollow Creek and tributary
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The River
Basin map is available at httt):Hh2o.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:
Page 6 of 16
The proposed project site consists of woodland areas and rural residences. Sugar Hollow Creek
and an unmanned tributary were dammed by a previous property owner and their channels were
altered upstream of the dam. In addition, a 24 inch diameter culvert approximately 16 feet long
was installed in tlne unnamed tributary. The property received two Notices of Violation fn•onn the
Department of Environnent and Natural Resources, Division of lVater Quality (DTVQ) for
violations of NCGS 143-215 (a) (10) and NCAC 02B.0211 (removal of best use) for creation of
an impoundment, deposition of sediment in a stream, installation of a culvert in a stream and
failure to apply for and receive a Water Quality Certification for these activities on the property.
Mr. Dale MacCurdy, the current property owner wishes to return the streams to a more natural
state and remedy the Notices of Violation.
10. Describe the overall project in detail, including the type of equipment to be used:
SUMMARY
The project will include removal of the dam that was installed in Sugar Hollow Creekjust
below the confluence with the unnamed tributary. Removal of the dam will eliminate the pond
behind the dam. The stream channels of Sugar Hollow Creek and its unnamed tributary will be
restored to their natural shape and dimensions based on a measurements and cross-sections
made above and below the damaged area. The drainage areas of the two streams are too
small to be correlated with the regional curve analysis to determine channel dimensions. Both
Sugar Hollow Creek and it tributary are class "C" streams and a trout waiver will not be
necessary for this project. Once the stream channels and streambanks are returned to a natural
shape and slope the banks will be planted with native grasses, shrubs, and trees observed to be
growing above and below the project area within the stream corridor. The total disturbed
acreage of the project area will be approximately 0.40 acres at the site, and the total linear
footage of the streams to be restored will be approximately 300 feet.
Equipment used to accomplish the above tasks includes: rubber tired back-hoe / loader,
track-mounted excavator with hydraulic thumb, one IS-ton dump truck, and hand tools.
DETAILS
The following activities are proposed in the project area:
One distinct area, at the confluence of Sugar Hollow Creek and an unnamed tributary, has
been damned by a previous property owner at the site. The previous property owner, Mr.
William D. Galyean, received Notices of Violation from the DWO on July 10, 2004 and
September 12, 2005. Mr. and Mrs. MacCurdy, the present property owners have contracted
Altannont Environmental Inc. (Altamont) to remove the dam and restore the stream channels
to natural shapes and dimensional areas. Ounce the streannbanks and channels are restored
native species ofgrasses, shrubs and trees will be planted on the strearnbanks. The
repaired area will mimic, and be returned to a more natural state. The area to be restored
is approximately 0.40 acres in size and the lengths of stream channels to be repaired in
total are approximately 300 feet.
The proposed construction sequence will be as follows:
Page 7 of 16
• Water will be slowly released from the small pond behind the dam in a manner so as not
to cause erosion or excessive sediment loading. Water behind the dam covers several
hundred square feet and is approximately one foot in depth at the deepest location. The
existing dam has been partially compromised due to past flood events and is not holding
the volume of water that it was intended to hold.
• The concrete block and boulder dam will be removed using the track mounted excavator
fitted with a hydraulic thumb. Dam debris will be hauled to an appropriate disposal
location (e.g. a construction and demolition landfill).
Sediment that has accumulated behind the darn will be excavated to the elevation of the
natural channel and staged temporarily at a stable location on site. This sediment will
be dried and subsequently used to reshape over-steepened streambanks within the
project area that were damaged by installation of the impoundment. Excavated
sediment from behind the dam may also be used to repair the peninsula at the Sugar
Hollow Creek and unnamed tributary confluence, which was destroyed during the dam's
construction. Some fall may be imported to the site to repair the streambank or
peninsula.
The inverts of the culverts that convey water from the unnamed tributary beneath the
driveway located on the site and under Sugar Hollow Road are perched above the
streambed. The driveway culvert will be adjusted so that both ends of the culvert are
buried and stream water exiting the culvert reenters the stream channel tangent to its
surface rather that pouring out of the culvert and scouring out a depression at this
location. The culvert beneath Sugar Hollow Road cannot be modified as part of this
project because it does not belong to the property owner. Therefore, natural rockfound
on site will be built up and used as erosion protection at the downstream end of the DOT
culvert located beneath Sugar Hollow Road. These adjustments will enhance aquatic
passage though the culverts and reduce scour.
Damaged stream channels will be returned to their natural locations, sizes, and slopes.
Streambanks and the peninsula at the confluence of streams will be returned to their
approximate original locations, elevations and slopes. Cross-Sections taken in both
streams and below the dam will be mimicked in the respective streams. Slopes,
determined by measuring elevations of natural channels above and below the project
area were used to determine the slope of the restored channels. The slopes of the
restored channels will be returned to approximately 3.5 percent.
• Hard structures will not be used in this project. Once restored, the streams and affected
area will be allowed to morph naturally within their floodplain.
• Some removal of organic, mineral, and non-native material from the channel may be
necessary in areas where the hydraulic capacity of the stream channel has been
reduced, based upon evaluation of existing cross-sections.
• Once restoration construction is complete, disturbed areas will be immediately hand
seeded with annual grass and mulched above bankfull elevation. Higher stress areas
may be reinforced with coir mat, if deemed necessary.
Page 8 of 16
• Disturbed areas and repaired streambanks will then be hydro-seeded above bankfull
elevation with a native floodplain seed mix. Care will be taken to keep seed, mulch,
fertilizer and tackifiers out of the streams to eliminate the possibility of eutrophication.
• Streambanks will then be planted with a diverse variety of bare-root and live-stake
native plants shrubs and trees. These plants will be selected based out observations
made ofplants that are naturally occurring within the stream corridor above and below
project site.
Site vicinity and general locations of streambank and channel repair areas are provided in
Figure 1. Representative photos with typical construction plans superimposed for these areas
are included as Figures 2, 3 and 4. Cross-sections of channel dimensions in undisturbed areas
above and below the project site are included in Figure 5.
Stabilization of streambanks and channel restoration construction will require placement of
material in wet conditions. In such cases, sand bags, or the equivalent, will be used to deflect
water flow away from the work area, as well as prevent water from accumulating in the work
area. Standard erosion and sedimentation control measures will be utilized throughout the
project.
Care will be taken to avoid adverse affects to adjacent or downstream property owners.
At the work site, work shall proceed from downstream to upstream to reduce sediment loading.
Staging areas for equipment and material will be placed in upland areas away front surface
hater and outside of line floodplairt. [York will proceed as follows at the project area (as
applicable):
1. Flag the work limits.
2. Mark live trees and shrubs to be protected
3. Construct temporary construction entrance / exits, where necessary.
4. Place erosion control fencing and other protective measures as necessary.
S. At the end of each workday, erosion control matting will be placed on exposed soil using
removable stakes. Erosion control mats will be constructed of coir fiber or a coir fiber
mixture for maximum erosion protection, vegetation establishment assistance, and to
minimize impact on wildlife.
6. Inspect and maintain repairs.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native floodplain seed mix: higher stress areas may be lined with biodegradable erosion control
(EC) matting to ensure bank stability. Live stakes and matting staples will be used to secure the
EC fabric in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery. Native shrub and tree species will be planted throughout the project reach per the
NCDENR Ecosystem Enhancement Program, Guidelines for Riparian Buffer Restoration.
Planting and widening the riparian buffer will secure near-bank areas and provide future
Page 9 of 16
shading to the channel. Existing live woody vegetation will be preserved to minimize project
impacts. The following steps will be observed with respect to vegetation:
1. Exposed soil will be covered with EC matting as work is completed Mats will be secured
using removable wooden stakes.
2. The project riparian zone andlor buffer areas will be re-vegetated with a combination of
native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary
native grass mixture immediately following completion of the work in those areas.
Tempormy seeding will be accomplished using an application rate of 40-60 pounds per
acre. Tall fescue will not be used in riparian areas.
3. On-site temporary seeding and mulching will occur on all bare soil lvithin five days of
ground disturbing activities to provide long-term erosion control.
4. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
ivith a temporary nursery crop of wheat, millet, or other grain.
5. Woody vegetation will be planted during the norinal growing season.
Explain the purpose of the proposed work:
The ivork is being conducted to address two NOVs from DWQ and in response to all
environmental interest expressed by Mr. and Mrs. MacCurdy. Streambank and channel
restoration / stabilization tivill prevent further erosion and sediment loading of Sugar Hollow
Creek and provide a more natural ecosystem for the native flora and fauna of the area.
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.
Copies of NCDENR DWQ Notices of Violation (NOV-2004-CV-0010, NOV-2005-CV-0027) are
attached.
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.
Page 10 of 16
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
Proposed impacts include sireambank stabilization and channel restoration. Precautions will be
taken to keep heavy equipment out of the streamchannel except where absolutely necessary to
iizstall bank stabilization measures. TVork will be conducted in the dry to the extent practicable.
Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to minimize sedimentation.
2.Individually list wetland impacts below:
wetlands will not be impacted at this site.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at littp://www.feina.eov.
* * * List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A
Page 11 of 16
3.Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of
Stream Average Width
of Stream
Perennial or
Site Number (see Type of Impact* Impact Name" Before Impact Intermittent?
Figure 1) (linear feet) (ft)
Area 1 Streambank stabilization, Sugar Hollow
(Project Area) stream channel & riparian 300 Creek and 2-5 Perennial
buffer restoration one tributary * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usys.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapgue-,t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 300 linear feet
4.Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
5.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
Page 12 of 16
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
On behalf of Mr. Dale MacCurdy, Altannont will provide contractors engaged in the iniplententation
of this work both u7ritten and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streambank stabilization work,
except where absolutely necessary to install batik stabilization measures. Disturbance of channel
bottom, batiks and equipment access areas shall be held to the minimum necessary to allow for
bank stabilization and channel restoration sufficient to restore the hydraulic capacity of the
stream channel. Tentporary grass cover shall be planted on all bare soil within 5 days of ground
disturbing activities. Herbaceous and woody shrub and tree vegetation will also be installed on the
streambank upon completion of batik stabilization and channel restoration work Altannont will
provide a site manager to routinely inspect and supervise contractor ivork to help ensure impact
avoidance instructions are being followed.
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 March 9, 2000, 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
Page 13 of 16
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 NCWRP 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/ncwetiands/strm,Qide.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 Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htty://h2o.enr.state.nc.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 14 of 16
Yes ? No
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B.0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
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 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Page 15 of 16
Impervious acreage will not change at the project site, and other than Sugar Hollow Road,
which is adjacent to the project site, impervious surfaces do not exist. Erosion and
sedimentation prevention and control will be maintained throughout this project primarily
through proper water management, construction sequencing, proper staging and stockpiling of
materials, and the maintenance, at all times, of suitable channel capacity for expected flow
events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be
stored in areas that could be flooded during this 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.
Portable facilities shall be provided at the work site.
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. 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).
The previous landowner received two NOVs for the subject site. Mr. MacCurdy purchased the
property with the NO Vs in place. Mr. MacCurdy wishes to remove the impoundment structure,
restore the stream ch nels to natur state, stabilize streambanks, increase the riparian
vegetation and wi th o rjpar)6Mcorrr, and adjust onsite culverts to restore aquatic passage.
Applicant/Agent's Signa
(Agent's signature is valid only if
7--16-66
Date
ization letter from the applicant is provided.)
Page 16 of 16
50 COLLEGE STREET, ASHEVILLE,NC'28801 SUGAR HOLLOW CREEK
T tam a
www.altamonte nvironmental.c .cronmentalom 416 SUGAR HOLLOW ROAD
ww
FAIRVIEW, BUNCOMBE COUNTY
DRAWN BY: JOEL LENK SCALE (FEET) NORTH CAROLINA, 28730
PROJECT MANAGER: STUART RYMAN
CLIENT: DALE MACCURDY 500 0 500 tooo SORCE: USGS BLACK MOUNTAIN NC QUADRANGLE
DATE: 2/20/06 FILE PATH: PAMAOCURDY\ SITE LOC.owG
L

.'
ALTAMONT ENVIRONMENTAL, INC.
w N G I N E R I N G & H Y D R E D .
50 COLLEGE STREET, ASHEVILLE. NC 28801
TEL.[phone] FAC828.2813351
www.altamonten% tronmental.com
DRAWN BY: JOEL LENK
PROJECT MANAGER: STURART RYMAN
CLIENT: DALE MACCURDY
DATE: 2/24/06
VIEW WEST
SUGAR HOLLOW CREEK
416 SUGAR HOLLOW ROAD
NORTH CAROLINA, 28730
FILE PATH: P:\MACCURDY\ CONCEPTUAL DESIGN PHOTOS.DWG
FIGURE

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FIGURE
ALTAMONT ENVIRONMENT AL, INC. VIEW SOUTHWEST
ENGI NEERING & H Y0R0GE0l0CY
50 COLLEGE STREET. ASHE'QLLE, NC 28801
SUGAR HOLLOW CREEK AND TRIB.
TEL.[phone] FAC.828.281.3351 416 SUGAR HOLLOW ROAD
www.altamontenvvonmentalxom
BUNCOMBE COUNTY
FAIRVIEW
- DRAWN BY: JOEL LENK ,
28730
NORTH CAROLINA
PROJECT MANAGER: STUART RYMAN ,
CLIENT: DALE MACCURDY
?Pr - - ,?i ,+?.+?•>r':;:',_ ,? DATF- 212L/06 FILE PATH: P:\MACCURDY\ CONCEPTUAL DESIGN PHOTOS.DWG
FIGURE 5
CHANNEL CROSS-SECTION 75 FEET UPSTREAM OF DRIVEWAY CULVERT
4.00-
3.00
0
2.00
w Top of Bank
1.00 Top of Bank
Water Elevation
0.00
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Distance (ft)
CHANNEL CROSS-SECTION 90 FEET UPSTREAM OF DOT CULVERT
4.00
3.00
e
0
2.00
w
1.00 Water Elevation
0.00
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Distance (ft)
CHANNEL CROSS-SECTION 60 FEET DOWNSTREAM OF DAM
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Distance (ft)
P:/MacCurdy/Cross-Sections Data.xls Cross-Sections produced by: ALTAMONT ENVIRONMENTAL INC.
02123/2006 08:45 9856460750 ACCOUNT MANAGEMENT PAGE 02
Mary A. MacCurdy
Dale M MacCurdy, MD
104 Doubloon Dr
Slidell, La 7061 g04te1
February 12, 2006
Joel D. Leak, PG
Altamont Environmental, Inc
50 College St
Asheville, NC 29901
RE: Pro Construction Notification for US Army Corp of Engineers
And North Carolina Department of Environmeot and Natural Resources
Sugar Hollow Road Property
PIN96950277684
Please consider this permission to work on the property on Sugar Hollow road as
per telephone conversations previously. As I understand it, work to be done on' the
property includes remediation of the stream. bed. I understand there may be other work as
your company deems necessary to meet criteria set forth by both these government
agencies.
Sincerely
?. AA
- 1
Dale M MacCurdy
`! ? QG
Mary A MacCurdy
12-12-' 05 09:36 FR011-11CDENR ASHEVILLE 130 8282997043
wAT ?R4
O ? W? [
Alan W. Klimek, P. 13, Director
Division of Water Qualiry
Coleen H, Sullins, Deputy Director
Division of Water Quality
Astwille Regional Office
WATER QUALITY SECTION
July 10, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William D. Galyean
416 Sugar Hollow Road
Fairview, NC 28730
SUBJECT: Notice of Violation and
Recommendation for Enforcement
Removal of Best Use
Galyean Property
NOV-2004-CV-0010
NCGS § 143 -215.1(x)(10)
Buncombe County
Dear Mr. Galyean:
On July 8, 2004, Mr. Kevin Barnett and Mr. Larry Frost of my staff inspected property, registered to
you, located across from 416 Sugar Hollow Road in Buncombe County. This investigation revealed
that violations of NCGS § 143 -215.1(a)(10) and 15A NCAC 02B .0211 (removal of best use) by
creation of an impoundment, deposition of sediment in a stream, installation of a culvert in a stream
and failure to apply for, and receive a Water Quality Certification for these activities on your property.
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
• No Further ditching, dredging, or removing of substrate may occur without first applying for a
permit from the US Army Corps of Engineers, and possibly, a Water Quality Certification from the
NC Division of Water Quality. (see attached)
• The stream banks along both forks of the creek should be planted with vegetation for the
attached list to prevent further bank instability.
• You must utilize all appropriate sediment and erosion control measures to preserve water quality
at preconstruction conditions on the site. This may include removal of dredged material, and / or
seeding with grass.
T-447 P03/08 U-036
Michael F. Easley, Governor
William 0. Rois Jr., Secretary
North Carolina Department of Environment and Natural Resources

2090 U.S. 70 Highway Swannanoa, North Carolina 29778 Tdcphone (828) 2964500 riot [phone] Customer Service 1-817-62M748
-.,12-12-'05 09:36 FROM-NCDENR ASHEVILLE RO 8282997043
Galyean Property
Notice of Violation and Recommendation for Enforcement
Page 2.
T-447 P04/08 U-036
You have ten (10) calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the stream bank plantings (plants from the attached list). Failure comply may subject you to
further civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-251.1(a).
By copy of this Notice of Violation, I am hereby requesting that the Buncombe County Building
Inspectors Office not issue any building permits for this site until it is brought into compliance with all
applicable rules and regulations.
If you have any questions, you may contact Mr. Kevin Barnett kevin.barnettP-ncmail.net or either at
828.296.4500.
Sincerely,
Forrest R. Westall,
Water. Quality Regional Supervisor
cc: Mr. Carson Fisher, Division of Land Resources
Buncombe County Health Department
Buncombe County Engineering Services
Mr. David Baker, US Army Corps of Engineers

2090 U.S. 70 Highway SNmannanoa, North Carolina 28778 Telephone [phone] Fax [phone] Customer Scrvice 1-877-623-6748
...12-12-'05 09:35 FRON-11CDENR ASHEVILLE RO 8282997043
rl0? W AP4 R9
?O G Nort
r
e,
O ?
WATER QUALITY SECTION.
September 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William D. Galyean
416 Sugar Hollow Road
Fairview, NC 28730
Dear Mr. Galyean:
-'r-C .1 9 11.005
T-447 P01/08 U-036
7& $- ovV
spA 0 Aa,'Ma te

SUBJECT: Notice of Violation and
Recommendation for Enforcement
Removal of Best Use
Galyean Property
NOV-2005-CV-0027
NCGS § 143 -215.1(a)(10)
Buncombe County
On August 22, 2005, Mr. Kevin Barnett of my staff inspected property, registered to you, located
across from 416 Sugar Hollow Road in Buncombe County. This investigation revealed that no
restorative work has been performed to satisfy the previously cited violations of NCGS § 143 -
215.1(a)(10) and 15A NCAC 02B .0211 (removal of best use) by creation of an impoundment,
deposition of sediment in a stream, installation of a culvert in a stream and failure to apply for, and
receive a Water Quality Certification for these activities on your property.
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
• No further ditching, dredging, or removing of substrate may occur without first applying for a
permit from the US Army Corps of Engineers and a Water Quality Certification from the NC
Division of Water Quality. (see attached)
• The stream banks along both forks of the creek should be planted with vegetation for the
attached list to prevent further bank instability.
• You must utilize all appropriate sediment and erosion control measures to preserve water quality
at preconstruction conditions on the site. This may include removal of dredged material, and / or
seeding with grass.
2090 U.S. 70 Highway Su•annanoa, Nadi Carolina 28778 Telephone [phone] Fax [phone]
i
Customer Service I-877.623.6746
.12-12-'05 09:35 FROM-NCDENR ASHEVILLE HO 8282997043
Galyean Property
Notice of Violation and Recommendation for Enforcement
Page 2.
T-447 P02/08 U-036
You have ten (10) calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the stream bank plantings (plants from the attached list). Failure to comply may subject you
to further civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-251.1(a).
By copy of this Notice of Violation, I am hereby requesting that the Buncombe County Building
Inspectors Office not issue any building permits for this site until it is brought into compliance with all
applicable rules and regulations.
If you have any questions, you may contact Mr. Kevin Barnett kevin.barn ett(c?ncmail.net or either at
828.296.4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Ms. Janet Boyer, Division of Land Resources
Buncombe County Health Department
Buncombe County Engineering Services
Ms. Rebekah Newton, US Army Corps of Engineers

2090 U.S. 70 Highway S?%annanoa, North Carolina 28778 Telephone [phone] Fix(828)299-7043 Customcr Service 1-877-623-6748

Office Use Only: r r Form Version May 2002
USACE Action ID No. ?,DWQIh1a.?c
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
i
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 13 and 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: Dale and 1fwy R1acCw dy, amers
Mailing Address: 104 Doubloon Drive
Slidell, Louisiana 70461
Telephone Number: 985-707-5681 Fax Number: N/A
E-mail Address: [e-mail]
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: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Lzc.
Mailing Address: 50 College Street
Asheville, NC 28801
Telephone Number: [phone] Fax Number:[phone]
E-mail Address: sry»ran(a)altantontenviroflnre»tal. corn
Page 5 of 16
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: MacCurdy/Sugar Hollow Stream Restoration-2213.01
(Formerly known as the William D. Galyean Property)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 969502977684
4. Location
County: Buncombe Nearest Town: Fairview
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow Charlotte Highway (US Highway 74) east front Asheville through the town of Fairview
and turn left on to Hollywood Road at the base of Little Pisgah Mountain. Follow Holl vood
Road three-quarters of a mile and take the right fork on to Sugar Hollow Road. Follow Sugar
Hollow Road one-half mile to a small gravel road on the left. The site is across frrom 416 Sugar
Hollow Road and is located at the intersection of Sugar Hollow Creek and its unnamed
tributary.
5. Site coordinates, if available (UTM or Lat/Long): 035'30'34.97"N 082021 ' 40.38" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 3.67 acres; Disturbed acreage will be approximately 0.40 acres.
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Hollow Creek and tributary
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The River
Basin map is available at htt12://li2o.enr.state.ne.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:
Page 6 of 16
The proposed project site consists of woodland areas and rural residences. Sugar Hollow Creek
and an unnamed tributary were dannned by a previous property owner and their channels were
altered upstream of the dam. In addition, a 24 inch diameter culvert approximately 16 feet long
was installed in the unnamed tributary. The property received two Notices of Violation from the
Department of Environument and Natural Resources, Division of IVater Quality (DIVQ) for
violations of NCGS 143-215 (a) (10) and NCAC 02B.0211 (removal of best use) for creation of
an impoundment, deposition of sediment in a stream, installation of a culvert in a strewn and
failure to apply for and receive a IVater Quality Certification for these activities on the property.
Mr. Dale MacCurdy, the current property owner wishes to return the streams to a more natural
state and remedy the Notices of Violation.
10. Describe the overall project in detail, including the type of equipment to be used:
SUMMARY
The project will include removal of the dam that was installed in Sugar Hollow Creekjust
below the confluence with the. unnamed tributary. Removal of the dan will eliminate the pond
behind the dam. The stream channels of Sugar Hollow Creek and its unnamed tributary will be
restored to their natural shape and dimensions based on a measurements and cross-sections
made above and below the damaged area. The drainage areas of the two streams are too
small to be correlated with the regional curve analysis to determine channel dimensions. Both
Sugar Hollow Creek and it tributary are class "C" streams and a trout waiver will not be
necessay for this project. Once the stream channels and streambanks are returned to a natural
shape and slope the banks will be planted with native grasses, shrubs, and trees observed to be
growing above and below the project area within the stream corridor. The total disturbed
acreage of the project area will be approximately 0.40 acres at the site, and the total linear
footage of the streams to be restored will be approximately 300 feet.
Equipment used to accomplish the above tasks includes: rubber tired back-hoe / loader,
track-mounted excavator with hydraulic thumb, one 15-ton dunnp truck, and hand tools.
DE TA 11-S
The following activities are proposed in the project area:
One distinct area, at the confluence of Sugar Hollow Creek and an unnamed tributary, has
been dannned by a previous property owner at the site. The previous property owner, Mr.
William D. Galyean, received Notices of Violation from the DWO on July 10, 2004 and
September 12, 2005. Mr. and Mrs. MacCurdy, the present property owners have contracted
Altannont Environnnental Inc. (Altannont) to remove the dam and restore the stream channels
to natural shapes and dimensional areas. Once the streambanks and channels are restored
native species ofgrasses, shrubs and trees will be planted on the streambanks. The
repaired area will nnimic, and be returned to a more natural state. The area to be restored
is approximately 0.40 acres in size and the lengths of stream channels to be repaired in
total are approximately 300 feet.
The proposed construction sequence will be as follows:
Page 7 of 16
• Water will be slowly released from the small pond behind the dam in a manner so as not
to cause erosion or excessive sediment loading. Mater behind the darn covers several
hundred square feet and is approximately one foot in depth at the deepest location. The
existing darn has been partially compr°orrnised due to past flood events and is not holding
the volume of water that it was intended to hold.
• The concrete block and boulder darn will be removed using the track mounted excavator
fitted with a hydraulic thumb. Dam debris tia?ill be hauled to an appropriate disposal
location (e.g. a construction and demolition landfill).
• Sediment that has accunnulated behind the darn will be excavated to the elevation of the
natural channel and staged temporarily at a stable location on site. This sediment will
be dried and subsequently used to reshape over-steepened streambanks within the
project area that were damaged by installation of the impoundment. Excavated
sediment frrom behind the dam may also be used to repair the peninsula at the Sugar
Hollow Creek and unnamed tributary confluence, which was destroyed during the dam's
construction. Some fill may be imported to the site to repair the streanrbank or
peninsula.
• The inverts of the culverts that convey water fr-om the unnamed tributary beneath the
driveway located on the site and under Sugar Hollow Road are perched above the
streambed. The driveway culvert will be adjusted so that both ends of the culvert are
buried and stream water exiting the culvert reenters the stream channel tangent to its
surface rather that pouring out of the culvert and scouring out a depression at this
location. The culvert beneath Sugar Hollow Road cannot be modified as part of this
project because it does not belong to the property owner. Therefore, natural rock found
on site will be built up and used as erosion protection at the downstream end of the DOT
culvert located beneath Sugar Hollow Road. These adjustments will enhance aquatic
passage though the culverts and reduce scour.
a Damaged stream channels will be returned to their natural locations, sizes, and slopes.
Strearnbanks and the peninsula at the confluence of streams will be returned to their
approximate original locations, elevations and slopes. Cross-Sections taken in both
streams and below the darn will be mimicked in the respectivestreanns. Slopes,
determined by measuring elevations of natural channels above and below the project
area were used to determine the slope of the restored channels. The slopes of the
restored channels will be returned to approximately 3.5 percent.
• Hard structures will not be used in this project. Once restored, the streams and affected
area will be allowed to morph naturally within their floodplain.
• Some removal of organic, mineral, and non-native material fr-om the channel may be
necessary in areas where the hydraulic capacity of the stream channel has been
reduced, based upon evaluation of existing cross-sections.
• Once restoration construction is complete, disturbed areas will be immediately hand
seeded with annual grass and mulched above bankfull elevation. Higher stress areas
may be reinforced with coin mat, if deemed necessary.
Page 8 of 16
• Disturbed areas and repaired streambanks will then be hydro-seeded above bankfull
elevation with a native jloodplain seed mix. Care will be taken to keep seed, mulch,
fertilizer and tackifrers out of the streams to eliminate the possibility of eutrophication.
• Sireambanks will then be planted with a diverse varietyof bare-root aid live-stake
native plaits shrubs and trees. These plants will be selected based on observations
made of plants that are naturally occurring within the stream corridor above and below
project site.
Site vicinity and general locations of streambank and charnel repair areas are provided in
Figure 1. Representative photos with typical construction plans superimposed for these areas
are included as Figures 2, 3 and 4. Cross-sections of channel dimensions in undisturbed areas
above and below the project site are included in Figure 5.
Stabilization of streambanks and channel restoration construction will require placement of
material in wet conditions. In such cases, sand bags, or the equivalent, will be used to defect
water flow away from the work area, as well as prevent water from accumulating in the work
area. Standard erosion and sedimentation control measures will be utilized throughout the
project.
Care will be taken to avoid adverse affects to adjacent or downstream property owners.
At the work site, work shall proceed from downstream to upstream to reduce sediment loading.
Staging areas for equipment and material will be placed in upland areas away from surface
water and outside of the (oodplain. [York will proceed as follows at the project area (as
applicable):
1. Flag the work limits.
2. Mark live trees and shrubs to be protected.
3. Construct temporay construction entrance / exits, where necessary.
4. Place erosion control fencing and other protective measures as necessary.
S. At the end of each workday, erosion control matting will be placed on exposed soil using
removable stakes. Erosion control mats will be constructed of coir fiber or a coir fiber
mixture for maximum erosion protection, vegetation establishment assistance, and to
minimize impact on wildlife.
6. Inspect and maintain repairs.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native (oodplain seed mix: higher stress areas may be lined with biodegradable erosion control
(EC) matting to ensure bank stability. Live stakes and matting staples will be used to secure the
EC fabric in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery. Native shrub and tree species will be planted throughout the project reach per the
NCDENR Ecosystem Enhancement Program, Guidelines for Riparian Buffer Restoration.
Planting and widening the riparian buffer will secure near-bank areas and provide future
Page 9 of 16
shading to the channel. Existing live woody vegetation will be preserved to minimize project
impacts. The following steps will be observed with respect to vegetation:
1. Exposed soil will be covered with EC matting as work is c0717pleted. Mats will be secured
using removable wooden stakes.
2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of
native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary
native grass mixture immediately following completion of the work in those areas.
Temporary seeding will be accomplished using an application rate of 40-60 pounds per
acre. Tall fescue will not be used in riparian areas.
3. On-site temporary seeding and mulching will occur on all bare soil within five days of
ground disturbing activities to provide long-term erosion control.
4. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain.
5. Woody vegetation will be planted during the normal growing season.
Explain the purpose of the proposed work:
The work is being conducted to address two NOVs from DWQ and in response to an
environmental interest expressed by Mr. and Mrs. MacCurdy. Streanrbank and channel
restoration / stabilization will prevent further erosion and sediment loading of Sugar Hollow
Creek and provide a more natural ecosystem for the native flora and fauna of the area.
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.
Copies of NCDENR DWQ Notices of Violation (NOV-2004-CV-0010, NOV-2005-CV-0027) are
attached.
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.
Page 10 of 16
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
Proposed impacts include strearnbank stabilization and channel restoration. Precautions hill be
taken to keep heavy equipment out of the streamchannel except where absolutely necessary to
install bank stabilization measures. fork will be conducted in the dry to the extent practicable.
Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to rninimize sedinientation.
2.Individually list wetland impacts below:
[Yetlands will not be impacted at this site.
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local Floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://Nvww. fcma, eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A
Page 11 of 16
3.Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of
Stream Average Width
of Stream
Perennial or
Site Number (see Type of Impact* Impact Name** Before Impact Intermittent?
Figure 1) (linear feet) (ft)
Area 1 Streambank stabilization, Sugar Hollow
(Project Area) stream channel & riparian 300 Creek and 2-5 Perennial
buffer restoration one tributary
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch in g/strai ghtening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www,uss,ndv.. Several internet sites also allow direct download and printing of USGS maps (e.g., www,t poz%ie,com,
www,tnapucstct?t]], etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 3001inear feet
4.Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.
Open Water Impact

Site Number
indicate on ma

Type of Impact* Area of

Impact
(acres)
Natne of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
5.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
Page 12 of 16
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
On behalf of Mr. Dale MacCurdy, Altantont will provide contractors engaged inn the implementation
of this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streanrbank stabilization work;
except where absolutely necessary to install bank stabilization measures. Disturbance of channel
bottom, banks and equipment access areas shall be held to the minimum necessary to allow for
bank stabilization and channel restoration sufficient to restore the hydraulic capacity of the
stream channel. Temporary grass cover shall be planted on all bare soil within 5 days of ground
disturbing activities. Herbaceous and woody shrub and tree vegetation will also be installed on the
strearznbank upon completion of bank stabilization and channnel restoration work Altamont will
provide a site manager to routinely inspect and supervise contractor work to help ensure impact
avoidance instructions are being followed.
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 March 9, 2000, 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
Page 13 of 16
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 NCWRP 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://112o.eiir.st.ite.nc.us/ncwet]ands/strm,p,ide.litni1.
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 Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htth://h2o.enr.state.nc.tis/wrl2/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 14 of 16
Yes ? No
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B.0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
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 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Page 15 of 16
Impervious acreage will not change at the project site, and other than Sugar Hollow Road,
which is adjacent to the project site, impervious surfaces do not exist. Erosion and
sedimentation prevention and control will be maintained throughout this project primarily
through proper water management, construction sequencing, proper staging and stockpiling of
materials, and the maintenance, at all times, of suitable channel capacity for expected flow
events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be
stored in areas that could be flooded during this project.
XH. 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.
Portable facilities shall be provided at the work site.
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
YdV. 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).
The previous land owner received two NO Vs for the subject site. Mr. MacCurdy purchased the
property with the NO Vs in place. Mr. MacCurdy wishes to remove the impoundment structure,
restore the stream ch nels to natur state, stabilize streanrbanks, increase the riparian
vegetation and wi th o rjpar?jlcorrr, and adjust onsite culverts to restore aquatic passage.
7--16-66
Applicant/Agent's Signal
(Agent's signature is valid only if
Date
letter from the applicant is provided.)
Page 16 of 16
Ve ..

FAMON'r ENVIRONMENTAL, INC. SITE LOCATION MAP FIGURE
50 COLLEGE STREET, ASHEVILLE, NC 28801 Y SUGAR HOLLOW CREEK
TEL.828aIt= 350 FAC.828.281.3351 416 SUGAR HOLLOW ROAD
www. rltemontmvironmentel. com
FAIRVIEW, BUNCOMBE COUNTY
DRAWN BY: JOEL LENK SCALE (FEET) NORTH CAROLINA, 28730
PROJECT MANAGER: STUART RYMAN
CLIENT: DALE MACCURDY 500 0 500 1000 SORCE: USGS BLACK MOUNTAIN NC QUADRANGLE
DATE: 2/20/06 FILE PATH: PAMA000RDY\ SITE LOC.DWG
ALTAMONT ENVIRONMENTAL, INC. VIEW WEST FIGURE
fem.
N 1 N R I N G H Y R 0 O G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801 SUGAR HOLLOW CREEK
TEL. 828,281,3350 F828.281.3351
www..al altamonte amontenv ironmrntal.com
416 SUGAR HOLLOW ROAD
PROJECT MANAGER: STURART RYMAN
CLIENT: DALE MACCURDY
DATE: 2/24/06
NORTH CAROLINA, 287
FILE PATH: PAMACCURDY\ CONCEPTUAL DESIGN
{c f
yy , • _ "L
_ t
,_ .. CHAt ,.00 VNSTREAM OFgINM_ -
"V'', .. ENCS WILL MIMIC CROSS—SECTION
' MEASURED 60 DQMISMAM OF DAM.
��` t�
►,.q: mak , : ^_ ;�,; APPROXIMATE LOCATION OF SUGOOR COW
Y
CREEK -BIND UNNAMED TRIBUTARY CONFLUENCE
FILL W TH . NATiYE SOIL TO ELE A'TK i WATCHING
..
r RELIC PENINSULA
- loop
070
_ 24 tNCi-L DRI1rEWAY1. Ctr, .VI:R CK: r`8 `Iry
VIEW-
TO THL LEFT M..
-ALTAMONT ENVIRONMENTAL, INC.VIEW SOUTHWEST
N G I N E E R I N G & H Y f
1 :0A' • • •
, • SUGAR HOLLOW ROAD FAIRVIEW,BUNCOMBE COUNTY
' to .1 . r: r• /r r • . • CAROLINA,
NORTH
�"� 'PROJECT�''

ATED AT THIS LOCATION. THE
VERT WILL BE ADJUSTED SO
T BOTH ENDS ARE PARTIALLY
RIED, IMPROVING AQUATIC
4•
DRAWN BY: JOEL LENK
PROJECT MANAGER: STUART RYMAN
CLIENT: DALE MACCURDY
DATE: 2/24/06
VIEW WEST FIGURE
SUGAR HOLLOW CREEK TRIBUTARY
416 SUGAR HOLLOW ROAD
FAIRVIEW, BUNCOMBE COUNTY
NORTH CAROLINA, 28730
CONCEPTUAL DESIGN
FIGURE 5
CHANNEL CROSS-SECTION 75 FEET UPSTREAM OF DRIVEWAY CULVERT
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Distance (ft)
CHANNEL CROSS-SECTION 90 FEET UPSTREAM OF DOT CULVERT
4.00
? 3.00
0
2.00
w
1.00
0.00
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Distance (ft)
CHANNEL CROSS-SECTION 60 FEET DOWNSTREAM OF DAM
02,123/2006 08:45 9856460750 ACCOUNT MANAGEMENT PAGE 02
Mary A. MacCurdy
Dale M MacCurdy, MD
104 Doubloon Dr
Slidell, La 7051 g64tef
February 12, 2006
Joel D. Leak, PG
Altamont Environmental, Inc
50 College St
Asheville, NC 29901
RE: Pre Construction Notification for US Army Corp of Engineers
And North Carolina Department of Environment and Natural Resources
Sugar Hollow Road Property
PIN96950277684
Please consider this permission to work on the property on Sugar Hollow road as
per telephone conversations previously. As I understand it, work to be done on the
property includes remediation of the strearn bed. I understand there may be other work as
your company deems necessary to meet criteria set forth by both these government
agencies.
Sincerely
)AA - 1
Dale M MacCurdy
QG
Mary A MacCurdy
,12-12-'05 09:36 FROM-NCDENR ASHEVILLE RO
?o? W ATER4
?O G
? y
Q ?
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment an d Natural Resources
Alan W. Klimek, l?. L. Director
Division of Water Quality
Coleen H. Swains, Deputy Dirrcctor
Division of Water Quality
Ashovillo Regional Office
WATER QUALITY SECTION
July 10, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William D. Galyean
416 Sugar Hollow Road
Fairview, NC 28730
SUBJECT: Notice of Violation and
Recommendation for Enforcement
Removal of Best Use
Galyean Property
NOV-2004-CV-0010
NCGS § 143 -215.1(a)(10)
Buncombe County
Dear Mr. Galyean:
On July 8, 2004, Mr. Kevin Barnett and Mr. Larry Frost of my staff inspected property, registered to
you, located across from 416 Sugar Hollow Road in Buncombe County. This investigation revealed
that violations of NCGS § 143 -215.1(a)(10) and 15A NCAC 02B .0211 (removal of best use) by
creation of an impoundment, deposition of sediment in a stream, installation of a culvert in a stream
and failure to apply for, and receive a Water Quality Certification for these activities on your property.
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
No Further ditching, dredging, or removing of substrate may occur without first applying for a
permit from the US Army Corps of Engineers, and possibly, a Water Quality Certification from the
NC Division of Water Quality. (see attached)
The stream banks along both forks of the creek should be planted with vegetation for the
attached list to prevent further bank instability.
You must utilize all appropriate sediment and erosion control measures to preserve water quality
at preconstruction conditions on the site. This may include removal of dredged material, and / or
seeding with grass.
90- MI.
8282997043 T-447 P03/08 U-036
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] rax [phone] Customer Service t-871-623-6748
12-12-'05 09:36 FRO11-11CDENR ASHEVILLE RO 8282997043
Galyean Property
Notice of Violation and Recommendation for Enforcement
Page 2.
T-447 P04/08 U-036
You have ten (10) calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the stream bank plantings (plants from the attached list). Failure comply may subject you to
further civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-251.1(a).
By copy of this Notice of Violation, I am hereby requesting that the Buncombe County Building
Inspectors Office not issue any building permits for this site until it is brought into compliance with all
applicable rules and regulations.
If you have any questions, you may contact Mr. Kevin Barnett kevin.barnettCcDncmail.net or either at
828.296.4500.
Sincerely,
Forrest R. Westall,
Water. Quality Regional Supervisor
cc: Mr. Carson Fisher, Division of Land Resources
Buncombe County Health Department
Buncombe County Engineering Services
Mr. David Baker, US Army Corps of Engineers

2090 U.S. 70 Highway Swannanoa, North Carolina 29779 Telephone [phone] rax [phone] Customer Service 1-877-623-6748
..'12-12-'05 09;35 FROM-NCDENR ASHEVILLE RO 8282997043
`0? VJAT, R
O to
G Nort
r
>_ p-
WATER QUALITY SECTION.
September 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William D. Galyean
416 Sugar Hollow Road
Fairview, NC 28730
T-447 P01/08 U-036
7& Sf ooe

I?? : 2??- 33? l
SUBJECT: Notice of Violation and
Recommendation for Enforcement
Removal of Best Use
Galyean Property
NOV-2005-CV-0027
NCGS § 143 -215.1(a)(10)
Buncombe County
Dear Mr. Galyean:
On August 22, 2005, Mr. Kevin Barnett of my staff inspected property, registered to you, located
across from 416 Sugar Hollow Road in Buncombe County. This investigation revealed that no
restorative work has been performed to satisfy the previously cited violations of NCGS § 143 -
215.1(a)(10) and 15A NCAC 02B .0211 (removal of best use) by creation of an impoundment,
deposition of sediment in a stream, installation of a culvert in a stream and failure to apply for, and
receive a Water Quality Certification for these activities on your property.
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
• No further ditching, dredging, or removing of substrate may occur without first applying for a
permit from the US Army Corps of Engineers and a Water Quality Certification from the NC
Division of Water Quality. (see attached)
• The stream banks along both forks of the creek should be planted with vegetation for the
. attached list to prevent further bank instability.
® You must utilize all appropriate sediment and erosion control measures to preserve water quality
at preconstruction conditions on the site. This may include removal of dredged material, and / or
seeding with grass.
2090 U.S. 70 Highway Swannanoa, North Caroline 28778 Telephone [phone] Fax [phone]
Customer Service 1-877.623-6748
:12-12-'05 09:35 FROM-NCDENR ASHEVILLE RO 8282997043
Galyean Property
Notice of Violation and Recommendation for Enforcement
Page 2.
T-447 P02/08 U-036
You have ten (10) calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the stream bank plantings (plants from the attached list). Failure to comply may subject you
to further civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-251.1(a).
By copy of this Notice of Violation, I am hereby requesting that the Buncombe County Building
Inspectors Office not issue any building permits for this site until it is brought into compliance with all
applicable rules and regulations.
If you have any questions, you may contact Mr. Kevin Barnett kevin.barnettOncmail.net or either at
828.296.4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Ms. Janet Boyer, Division of Land Resources
Buncombe County Health Department
Buncombe County Engineering Services
Ms. Rebekah Newton, US Army Corps of Engineers
ORR`
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] Pax(828)299L7043 Customer Service 1477-623-6748
ALTAMONT ENVIRONMENTAL, INC.
a - fig - 0 LD 'p`?7s
5503