20060603 Ver 1_COMPLETE FILE_20060410

?OF WA T?RQ Michael F. Easley, Governor
G William G. Ross Jr., Secretary
'ObLud) 10 r North Carolina Department of Environment and Natural Resources
Q ` _-_'" Alan W. Klimek, P.E. Director
y Division of Water Quality
May 22, 2006
DWQ Project.# 06-0603
Buncombe County
Lewis Barber
National Welders Inc.
Post Office Box 31007
Charlotte, NC 28231
Subject Property: Sweeten Creek Restoration D 12 ?t?U V
National Welders Site U D
a
MAY 3 0 2006
Approval of 409 Water Quality Certification with Additional Conditions
UENR - WATER QUALITY
Dear Mr. Barber: WETLANDS AND STORMWATER BRANCH
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 80 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 17, 2006. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3495 (GC3495). The Certification (s) allows you to use
Nationwide Permit(s) 13 and 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, 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 http://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
Naturallty
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Sweeten Creek Restoration
Page 2 of 6
May 22, 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 80 feet Sweeten 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.
Sweeten Creek Restoration
Page 3 of 6
May 22, 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. 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.
7. 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. Excessive Rock above the median high water mark must be removed.
8. 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
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.
Sweeten Creek Restoration
Page 4 of 6
May 22, 2006
9. 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 shall not be constructed
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
10. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize activities in flowing water. Channel realignments should be constructed by
excavating the new channel from downstream to upstream before connecting it to
the old channel.
11. 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.
12. Disturbed stream banks and a 25-foot vegetated zone. 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 consistant with
the Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
13. If pasture along the stream is to be used for recreational activities, a fence must be
constructed outside of the riparian zone and the stream to prevent access to these
areas.
14. 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.
Sweeten Creek Restoration
Page 5 of 6
May 22, 2006
15. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
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. Upstream and
downstream continuous, recording, turbidity monitoring shall be installed and
calibrated prior to beginning work. Should the standard referenced above be
exceeded, all work shall cease, the Asheville Regional Office of the Division of
Water Quality, Surface Water Protection Section notified, and more stringent
erosion and sediment control measures be implemented prior to resuming work.
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.
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.
Sweeten Creek Restoration
Page 6 of 6
May 22, 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 Mr. Kevin Barnett in
the DWQ Asheville Regional Office at 828-2964657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mr. Jan Gay,
Environmental Services, Inc.
1456 Patton Avenue, Suite C.
Asheville, NC 28806
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0603.NationalWelders.SweetenCreek.Approval
Triage Check List
Date: 4/13/06 Project Name: National Welders Inc. Site
DWQ #:06-0603
County: Buncombe
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 4/07/06 to 6/05/06 }
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 !
ENVIRONMENTAL SERVICES, INC.
1456 Patton Avenue, Suite C
Asheville, North Carolina 28806
828-254-0811 / Facsimile 828-254-0812
www.environmentalservicesinc.com
20
06 0 6 Q 3
MEMORANDUM
TO: Cyndi Karoly, DWQ
FROM: Jan Gay
DATE: 3 April 2006
RE: National Welders Site Stream Project EE06-101
Attached is the Pre-construction Notification requesting Nationwide Permit 27 for restoration
activities on Sweeten Creek in the City of Asheville, Buncombe County, North Carolina.
A copy has been submitted to the COE. A copy has, been submitted to WRC and the USFWS for
comment. A courtesy copy has been submitted to Kevin Barnett.
If you have any questions or comments, or need any additional information, please let me know.
f3 @-, 7 ?0 zz
APR
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Pre-Construction Notification (PCN) Application FormOffice Use Only: Form Version March 05
20060803
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
7 !7
I. Processing ' - " r
'i
J
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Managements Area of
Environmental Concern (see the top of page 2 for further details), the ® ? LAC 0 V M3
B
II. Applicant Information
APR 1 0 2006
1. Owner/Applicant Information
DENR - INATER QUALITY
Name: Lewis Barber E AN11 41Drsr??r'W41&Ro2erirli
Mailing Address: PO Box 31007
Charlotte NC 288231
Telephone Number: 704-644-3210 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
n....., 1 ..c^r
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: National Welders Inc. Site Protection
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 965705082658
4. Location
County: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From I-40 west, take US
25 A exit Turn right on 25A Subject property is on right approximately 0.6 miles from I-
40 at 112 Sweeten Creek Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.5639°N. 82.5298°W
6. Property size (acres): 1.35 ac
7. Name of nearest receiving body of water: Sweeten Creek
8. River Basin: French Broad River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/map-I
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject property is commercial in nature, as is the use of
the site vicinity. The subject _property consists of a Welding company.
10. Describe the overall project in detail, including the type of equipment to be used: The
proiect will require the use of hand tools and heavy equipment including front end loaders
and backhoes with hydraulic thumbs All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels.
n.,.... 11 ..cam
11. Explain the purpose of the proposed work: To protect property and restore damaged stream
channels and to protect the on-site oxygen tanks associated with the welding business.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
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.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The project, as proposed, includes
restoration of a reach of Sweeten creek, including construction of one in-stream structure (J-
hook), repair of approximately 80 linear feet of stream bank, and debris removal.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no (linear feet
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
n--- o -C7
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream
Impact
Perennial
Average
Impact
Area

Number Stream

Name
Type of Impact
or Stream Width

Before
Length of

pant
(indicate on Intermittent Impact (linear feet) (acres)
ma)
I Sweeten Construction of J-hook, bank P 20 80 0.04
Creek repair and debris removal
Total Stream Impact (by length and acreage) 80 0.04
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc.) acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resultiniz from the vroiect:
Stream Impact (acres): 0.04
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes Z No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to. be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
n....,, A ..4r"
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed proiect will take
place within an area of bank failure. The failure is threatening on-site oxygen tanks.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:/ih2o.enr.state.nc.us/ncwetldnds/stnngide.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. No mitigation is proposed for this project
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/yiM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
n....,.c.C7
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts. are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
T...... L ,.C '7
93/15/2006 15:15 7843441711 NWSCO PAGE 02
Mar114. 2006 4.35PM BROOKS & MEDLOCK ENGINEERING No.0301 P. 8
Pdparlan Huffer Restoration Fug, Plem attach all appropriate 1nformat10n as ldendaed
within 15A NCAC 2B.0242 or .0244, or .0260.
U Stormwater (required by DWQ)
Dasaibe impervious acreage (exhft and proposed) versus tarsi acreage m the site. Discuss stonovwater
oontols proposed in order to protect siaface wars and wetlands downstream ftom the propmW. If
percent impervious :ur&w oweedo 20916, please provide odordadms demonstrating total proposed
iaapervlous leiveL No additional imaerv surfaces will be oag=ted as nett of this Mjee t.
MM Sewage Disposal (required by DWQ)
Clearly detail the ultimate tream =A methods and disposition (pon-discharge or dbohorge) of
wastawator gmaeled from the proposed psojaot, or available capacity of the subject facility.
XQL Vielade s (required by DWQ)
Is this site in (violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buhr Rules?
Yes ? No
Is this an after-the-fam permit application? Yes ? No 10
XIV. Cumulative Impacts (required by DWQ)
Will this project (balled on past and reasonably anticipated future impacts) result in additional
development, which oould irvaat nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or goawitative cumulative impact analysis in aeeordame with
the most recent North Carolina Division of Water Quality policy posted on our websits at
i}tfoJ/h2o.enr.state.us/ncr?retlends, If no, please provide a short narrative description:
XV. Other Cirenmstauaes (Optional):
It is the applicant's responsibility to submit the application sufl'ieiendy In advimee of desired
conAmcdon dotes to allow processing time for these permits. However, in %V ieaat may
choose to list conswaiats associated with oonst ruction or sequwc4 that may impose limits on
work sahodales (e.g., draw-down schedules for lakm dates associated with Fsndaugermd and
Threatmned Species. aooasstbility problems, or other issues outside of the applicant's control).
?ppttcalevrs 51gnat4re . Date
signature la slid only if tut auto o&ation leaser from the applioant is provided.)
Page 7 of 7
National Welders Site, 112 Sweeten Creek Road
PirtnrP 1 Rank Faihire. on Sweeten Creek
Sweeten Creek, located behind National Welders, 112 Sweeten Creek Road, Asheville, North
Carolina, is currently experiencing bank failure. The failure is in close proximity to several gas
tanks, including oxygen tanks, located on the property. Continued failures will undermine the
concrete pads, and will threaten the integrity of the tanks.
To address this concern, the landowner is proposing to remove debris from within the channel,
repair the bank failure and install one in-stream structure to ensure continued bank stability.
One J-hook will be placed within the stream channel to remove shear stress from the failure site.
Sweeten Creek (Stream Index Number 6-78-24), from its source to the Swannanoa River, has
been assigned a Best Usage Classification of C, and is not a designated Trout stream.
A review of records held at the North Carolina Natural Heritage Program does not indicate the
presence of any known federally Threatened or Endangered species with a range extending into
Buncombe County within 1.0 miles of the project study area.

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Asheville quadrangle
Projection is UTM Zone 17, NAD83 Datum G=-0.889
Pre-Construction Notification (PCN) Application FormOffiee Use Only: Form Version March 05
?_(-i060603
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A°,)._,
I. Processing
J v i
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coast Management Area of
Environmental Concern (see the top of page 2 for further details), c k here: ? -?r
II. Applicant Information
200;6
1. Owner/Applicant Information
Name: Lewis Barber
Mailing Address: PO Box 31007
Charlotte NC 288231
Telephone Number: 704-644-3210
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Fax Number:
n...... , -r'?
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: National Welders Inc. Site Protection
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 965705082658
4. Location
County: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From I-40 west, take US
25 A exit Turn right on 25A Subject property is on right, approximately 0.6 miles from I-
40 at 112 Sweeten Creek Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach- a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.5639°N, 82.5298°W
6. Property size (acres): 1.35 ac
7. Name of nearest receiving body of water: Sweeten Creek
8. River Basin: French Broad River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject property is commercial in nature, as is the use of
the site vicinity. The subject property _consists of a Welding company.
10. Describe the overall project in detail, including the type of equipment to be used: The
project will reguire the use of hand tools and heavy equipment including, front end loaders
and backhoes with hydraulic thumbs All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels.
n___ '7 ..r'7
11. Explain the purpose of the proposed work: To protect property and restore damaged stream
channels and to protect the on-site oxygen tanks associated with the welding business.
IV. Prior Project History
If jurisdictional determinations and/or permits " have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
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.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The project, as proposed, includes
restoration of a reach of Sweeten creek including construction of one in-stream structure (J-
hook repair of approximately 80 linear feet of stream bank, and debris removal.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact of Wetland
Type Located within

1 00-year Distance to

Nearest Area of

Impact
Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) es/no (linear feet
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
n...... 1 ..C"
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreasze, multiply length X width, then divide by 43,560.
Stream
Impact

tream
Perennial
Average

Stream Width

Impact
Area

of
Number Name Type of Impact or Before Length Impact
(indicate on Intermittent Impact (linear feet) (acres)
map)
I Sweeten Construction of J-hook, bank p 20 80 0.04
Creek repair and debris removal
Total Stream Impact (by length and acreage) 80 0.04
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation- dredgine. flooding. drainaue, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. (acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.04
Wetland Impact (acres): 0
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
nn.... A ,.C-!
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed project will take
place within an area of bank failure. The failure is threatening on-site oxygen tanks.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft . Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. No mitigation is proposed for this project
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/ih2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP-is proposed, please
check the appropriate box on page five and provide the following information:
n....,, c ..c7
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the

03/15/2006 15:15 7843441711 NWSCO PAGE 02
Mar.14. 2006 4:35PM BROOKS & MEDLOCK ENflINEERING No-0301 P. 8
Riparian Huffer Ra oration FUG. Please attach, all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or.0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (existts and proposed) versus total acreage m the site. Discuss summater
oontols pwposod in order to prnkct swface waters and wedan& downstmam 8rnn the property. If
portent impervious s n%w exceeds 20%, please provide calculations demonsoating total proposed
Impervious IML No additional im=lous mx*iaw jabe coggWM as of1hif r?roJac&
XIL Sewage Disposal (required by DWQ)
Ciewly detail the ultimato tm mmatx methods and disposition (horn-disdierge or disoharge) of
wwwwaw generated from the proposed projeot, or available ovacity of the subject faality.
NIA ....?,.... .-..?..-. Y..? - Y ..._.-?
XQL Violrltim (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buf£t Rules?
Yes ? No
Is this an afftw-die•ihat permit application? Yes (3 No
XIV. Cumulative Impacts (required by DWQ)
Wtil this project (based on peel and reasonably anticipated future Impacts) result in additional
development, which could bDact ncmby downstream water quality? Yes ? No
If yea, please submit a qualitative or quantitative cumulative impact saalysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
hue Mo.em-state,ne,usfnn Wands. If no, please provide a sbortnsrzy&m description:
XV. Other Cireumatances (Optional):
It is the applicant's responsibility to submit the application suSoienily in adv=a of desired
con*ucdon dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with oounstructian or sequeno4 that may impose knolls on
work scbaiules (e.g,, draw-down schedules for lakes, dates associated with Endangamd and
Threatened Spemm acoessibility problems, or other issues outside of the applim&s control).
TplieaW rs Sigaa Data
sipature is slid only if sit authorization lottea' from the applioant is provided)
Page 7 of 7
National Welders Site, 112 Sweeten Creek Road
Pirtnra I Rank Fn;hire on Sweeten Creek
Sweeten Creek, located behind National Welders, 112 Sweeten Creek Road, Asheville, North
Carolina, is currently experiencing bank failure. The failure is in close proximity to several gas
tanks, including oxygen tanks, located on the property. Continued failures will undermine the
concrete pads, and will threaten the.integrity of the tanks.
To address this concern, the landowner is proposing to remove debris from within the channel,
repair the bank failure and install one in-stream structure to ensure continued bank stability.
One J-hook will be placed within the stream channel to remove shear stress from the failure site.
Sweeten Creek (Stream Index Number 6-78-24), from its source to the Swannanoa River, has
been assigned a Best Usage Classification of C, and is not a designated Trout stream.
A review of records held at the North Carolina Natural Heritage Program does not indicate the
presence of any known federally Threatened or Endangered species with a range extending into
Buncombe County within 1.0 miles of the project study area.

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Asheville quadrangle DENT- WATERQUALJTY-5.916
Projection is UTM Zone 17 NAD83 Datum WETtMSMDSTCkRIMATERE 0.889