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HomeMy WebLinkAbout20061708 Ver 1_COMPLETE FILE_20061030WAr1?9Q? Dr. and Mrs. Dwight McKinney 1332 Green Ridge Road Deep Gap, NC 28618 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources NOV 2 1 2006 DENR - WATER QUALITY ?% WIDS AND STOrliSvY..kTER ERANCti APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Dr. and Mrs. McKinney: Alan W. Klimek, P.E. Director Division of Water Quality November 17, 2006 DWQ#'06-1708 Wilkes County You have our approval, in accordance with the attached conditions, to impact 220 linear feet of intermittent stream in order to construct a dam and permanently flood stream channel for the purpose of creating a recreational pond, which will be located on your property at 1332 Green Ridge Road (Lots 7, 8, and 10, Hidden Valley Subdivision), near Deep Gap, in Wilkes County, as described in your application received by the Division of Water Quality (DWQ) on October 30, 2006. After reviewing your application, we have'determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at httl2://www.ncwaterquality.or.g/wetlands.html. This Certification allows you to use Nationwide Permit Number 42 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. 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 wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Amount Approved Plan Location or Reference Streams 220 linear feet Unnamed tributary to Left Prong of Stony Fork located at 1332 Green Ridge Road (Lots 7, 8, and 10, Hidden Valley Subdivision), near Dee Gap, in Wilkes County - Ane Carolina N?fima!!y North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//'www.neNaterquaIity.orq Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Dr. and Mrs. Dwight McKinney Page 2, DWQ# 06-1708 November 17, 2006 2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 3. 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 measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 4. 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. 5. If riprap is required in the stream channel for energy dissipation and scour protection at the point of the pond's discharge, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream. 6. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. 7. Given the nature and scope of this project and the recommendation of the North Carolina Wildlife Resources Commission, the Division of Water Quality waives the prohibition on instream work and land disturbance within the 25-foot wide buffer zone on designated trout waters and their tributary streams during the period October 15th through April 15th provided that channel flows are de minimus during construction, all work is accomplished in the dry, and release of sediment into the stream is prevented. Dr. and Mrs. Dwight McKinney Page 3, DWQ# 06-1708 November 17, 2006 8. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the form. If you do not accept any of the conditions of this certification, 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. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4959 or Ian McMillan in the DWQ Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ Winston-Salem Regional Office Central Files Wetlands/401 File Copy Mr. Derek Goddard, Blue Ridge Environmental Consultants, Inc., 162 Helen Court, Boone, NC 28607 n North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: John Thomas, Permit Coordinator Asheville Office. U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program NOV 1 2006 DATE: November 8, 2006 DENP - tVATER QUALITY SUBJECT: Dwight and Deborah McKinney Lake, Trout Moriti$iiini `fnciiiicafiail2'Rbquest, Unnamed Tributary Triplets Camp Branch (Left Prong Stony Fork Creek), DWQ No. 20061708 - COE Action ID 200521215, Wilkes County Mr. Derek Goddard is requesting to modify the 404 Permit issued by the Corps of Engineers so that work on this channel can be accomplished in the dry during the prescribed trout moratorium period of October 15 through April 15. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to build a pond on an "intermittent" channel. Impacts are indicated to be 98 linear feet. A cold water discharge is indicated. Area streams support brook and brown trout. The applicant is requesting to do the project during the moratorium period with the condition that the work will be done in the dry using a temporary diversion plus sediment control devices to prevent sedimentation from entering area streams. Based on our discussions with Derek Goddard, project consultant, we will not object to the work being performed during the moratorium providing that channel flows are diminimus, that work is accomplished in the dry, that sedimentation releases into area streams is avoided, and that other appropriate Corps 404 Permit and Division of Water Quality 401 Certification requirements are adhered to. Than you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336-769-9453. E-copy: Daryl Lamb, DWQ-WSRO Matt Gantt, DLR-WSRO Cyndi Karoly, DWQ-Central Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Triage Check List Date: 11/02/06 Project Name: McKinney Pond Project DWQ#: 06-1708 County: Wilkes Daryl Lamb, Winston-Salem Regional Office To: 60-day processing time: 10/30/06 - 12/28/06 From: Cyndi Karoly Telephone: (919) 733-9721 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 (Meuse, 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! July 23, 2005 Raleigh Regulatory Field Office United States Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Dwight & Deborah McKinne GR joy 6278 Jcep /?/e a2 b'G? g To Whom It May Concern: :CE?VED 20061708 Please accept this letter as an authorization for Blue Ridge Environmental Consultants and its employees to be signatory agents in all matters related to permitting applications. Thank You, ?09 ht an Deb rah McKinney Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 1 7 0 8 (If any particular item is not applicable to this project, please enter "Not Applicable" 011i `N/A-;) 1. Processing (DECEIVED 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 42 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), D D II. Applicant Information 0 C T $ 0 2006 1. Owner/Applicant Information t)EIM • YVAT;: R QUALITY Name: Dwiyht and Deborah McKinney WUl.ANDIMD 161VAVATEHEPMrH Mailing Address: 1332 Green Ridge Rd. Deep Gap, Ne 28618 Telephone Number: na Fax Number: na E-mail Address: na 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: Derek Goddard Company Affiliation: Blue Ridge Environmental Consultants Inc. Mailing Address: 162 Helen Court Boone NC 28607 Telephone Number: 828-265-4425 Fax Number: E-mail Address: brec_nc@bellsouth.net Pagel of 9 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: McKinney Pond Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN):_2868-87-6981 4. Location County: Wilkes Nearest Town: Boone Subdivision name (include phase/lot number): Hidden Valley Lots 7,8,10 Directions to site (include road numbers/names, landmarks, etc.): US 421 North to Stony Fork Road Just South of Deep Gap. Stony Fork Rd. to Mountain View Church Road which turns to Green Ridge Road. Property is marked as 1332 Green Ridge 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): 36.9513 ON 81.2836 °W 6. Property size (acres): 45 ac. 7. Name of nearest receiving body of water: Triplets Camp Branch 8. River Basin: Yadkin (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: Residential and timbered forest land Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project will construct a Lake for recreational use on an Intermittent Stream. (see plans) 11. Explain the purpose of the proposed work: Storm Water Control, Wildlife Habitat, and Recreation 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 NA 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. 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. Page 3 of 9 1. Provide a written description of the proposed impacts: Impacts will include 220 feet of flooding and dam. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 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 Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres I UT Flooding/dam Intermittent .5 ft 220 .002 Total Stream Impact (by length and acreage) 220 .002 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 Waterbody Type of Waterbody Area of Site Number p le) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, I Impact indicate on map) ocean, etc. acres Page 4 of 9 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): .002 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) .002 Total Stream Impact (linear feet): 220 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.): dam/embankment Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):-aesthetic, trout pond Current land use in the vicinity of the pond: Forest Size of watershed draining to pond: 32 Expected pond surface area: 5 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. Sediment and erosion control measures will be used in accordance with requirements from the division of Land Quality and dam safety. Page 5 of 9 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.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NA 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 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/M/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Page 6 of 9 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 (919) 733-5083 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 213 .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .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 Multiplier Required (square feet) 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. Page 7 of 9 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration / Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or .0244, or .0260. type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Storm water controls will be vegetative in nature and allow for natural filtration of sediment. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 8 of 9 We do hereby request that the project be allowed to commence work during the moratorium period with the following provisions All work shall be accomplished in the dry, using temporary sand bagging and pipes And that measures be installed in the downstream of the site per the erosion control plan to prevent stream sedimentation. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 o? s GRAPHIC SCALE ENGINEERING TECTOMCS, PA 100 0 50 100 1720 Vargrave Street Wnstw-Salem NC U.SA ( IN FEET) 27107 rel 376.724.6994 1 inch = 100 ft. F= 336.724.7095 nnXn aaringlartaun.w ?91y 4I / J " Survey information provided by. 7 I Triangle Aerial Surveys, Inc. N 4208 Six Fork Road 2017.0 Raleigh, NC 27609 _- 919-787-8654 ES ES ?Q V 1 ? r ?d Th --,h aM atl aaW. Pbm, rp-ft.tmnr and alnn W.,-lion p a p,op"a Eno an w adr and k. a"d proprrtr of f nty i1p i tion PA, ony mar a In comapaon h with th. f a - or- t' Ns tlx Tn .r ro W t .n wsPar.d M E+ghwring rrcla;u. ENE PA, and far no allw purpom kV nodrod,ra arr a th- dac,? for an/ purpom Yiad be at " ~'s ro4 hi, riNOUI paGEty b E,rynr g rpQ Tr-t- PA NI rfgMa o1 dmig? an r.rrrvrd b Gghrdn9 T-W k , PA Project 1966.1 HIDDEN zs CREEK 9 OC T DAM 1 , 0 ` ji+•t?d , +1117 ?,,r` hwr7 Title a TOPOGRAPHY OF NEW DAM AND EN s IMPOUNDMENT AREA ?a 1?3s ?? 3t r•? E SE - S Project No.: 20-06-106 s Designed By. AFM 1991. Reviewed By. ABN SAS 1 Approved By. JMR Drawn By. 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'^ 5?.? ? ?..` t[ •?'.?!?-` 3?' .. .? 1 '' ? ..y. 0-"1?* q4?% s-r ?. ,. ?Y `r, - ,-?. ?..yg4•,1.-3 s. i'- a•± - ,S hY ' „y ... - ?.., ? rs ?? '?X+ ?, ' ???+.a .'? ua urwc 'S ?f: ? ,? ' ??• ?' Quri r + - ? r a. ?;. - `' r Cut Over Forest Land . V't L r ?? r,,n • 'ax""'gGY ?, ? i.r ?. °rYr ''" d '?.t ?fi ,'? ? .h'•At. Est ? ?:. ,y .. ?? _ r ^,y?s -� yyy��.. �4t � s. i,{. _•'r �. i. -a y. � fes. 4�vey:' ro '1�,*- •��}` .�• X11.'' .{,�`" �'i i,,A� ••,� �-- �� 1/.+.06 , { - 'y -: \ tiy,�n• -. t If �•� '� "< Yx� . ` r `� s ,dr'� � 1jst ,�• t ; v� ��, /��,_ �. ' .. �• �. W 11 4' , �� � {�, � _�� � -�, -,ter � + � { .1 � •'y�� s j 'Y • s �f. Lam. °�+' ,` r �� ►- � I s `�• '' w k. ft :.� � -.� ♦-. � i,`, rhw:, 'd:'r^i i�,. '! ` r r i.'�' �l Ilk- -ALA . rPi- w r .4 .. .. ,- _,. y., .: .-�c .' i t♦ .^c.� y F �. "..�'i.. ._ � '"" r"T i4 `'*£u`-'. .:"f#' ti 4Y5- �' .. ?�,��. y,4''. : ��' � I' ,'! , ra•.S 1 "''fir $1fa�'F1'J'� "?^. rc� .�10 t �A�ri' �'.- -y S'. �'; Aj - �.. �` ` ♦- J �- s ..•l�.' Y' 7f i {. �.. '„'�fivr. i~•\i��c' a. 'f �k. • _ ,; ` �. r . f- ..y, t♦�• Aft r - r -c 7► _ - a - �•' 2 EET.OP- Floo'din ;hlam P� • ..� _r t OW JA� ilow, • ” s / � s '"'� � `. t�R � � �r / •l,. -x '��: I ��`• r" n �/ i d,Ff ' '` .i�` � - <M�. 'Yir �iy T� 93 Mckinney Lake Project Spillway Cut Oven I 41 f+ccess Road Cut Ivkest L nd Non-Technical Descriptions Watauga County, North Carolina Only those map units that have entries for the selected non-technical description categories are included in this report. Map Unit: CsD (95D) - Cullasaja very cobbly loam, 15 to 30 percent slopes, very stony Description Category: Sol These moderately steep, very deep, well drained soils are on benches, toe slopes, foot slopes, drainageways, and fans in coves. They formed in colluvium. They have a loamy surface layer and subsoil. Many gravels, cobbles, and stones are present throughout these soils. Occasional stones are scattered over the surface. Permeability is moderately rapid and shrink-swell potential is low. Seasonal high water table is below 6.0 feet, but seeps and springs are common. USA Natural Resources Conservation Service Distribution Generation Date: 5/9/2002 Page 1 of 1 ? ,1 f ? tt t ` t , v ,1 ? . p .? .ti i ? 1 h _ ? A _ t '--c_ -. ? ? f 1 X„ / 1 %' t (?'? ''y(1..23 \. ?" `?. ti -t` + a?t?' '-t.S?. .l.r !'?\ r'+ fit.,/: h + .? ? +? ?•I ?t t+ / •/\ r > ? t •- , ?'t Li. ( . ?-. ,\.? ??t ? Li t fl ? v ,t1t + .t ! ?`? `? s ?? ~ ?`•? tti C.!1t V A, if, { t ? . ?+ \ . ??{ ?t 11Ot1DCa{D. IC1R. ?. ?\ -? ?_ Y 1 CIL ' t 1 t ` If l; i tl, 1,? i .-'? 1. ?t.,-?• It ` 1 ?-?? ?;` S :, ?? L'?l; - t r/.1 I j 3 + t _ a _ [mot - - +)j t? ? ' { '? - ?! I ? \ ,t\.`-o ?ti•. '.?I .1 L ?- + ..•' 1 Y ?1 1 , _ f; r 1 r ? t I r`i ? i r tt Y ,•5 , ? 'emu" iti ,// f ? ? 1 k{ ? ' ,Lvn,i'` -- + . Jjf? ?f' ?. ` , tt 1 , ?a \ \`. J J'f f If1793 ? ? 1J'l. t';r ' ?.. ? ;, `, 4 f}it ?'.1 •' ?.l i , t, _ ? =?? ?y4Z7Fr' ys ;?,I,,? J ?d r ? rat L 1? ; f. "f ! 1 \ ( , r! { 1, ' t I ? t A it , 7s l'. r :i- •?f t l? + t '? , f (t 1 ? .-C/1? ' ..` ` P??CaII0I1-; t i+/ ..: + !1? i f?, ?j J ?• + f ( \ 1 .:?5\ - 1? I ",r r I ` ? fl ?/! X976 ? ._ X1.1 r.e 1 % 40 +,,i t 1 fzO Vr' t l % t i { lam! ?oy1?y;\ ??1 ? ? ?t + t t-.?i f f \ ! - + Name: MAPLE SPRINGS Location: 036° 09'53.5" N 081 ° 28'38.3" W Date: 7125/2005 Caption: McKinney Pond Project Topo Scale: 1 inch equals 2000 feet Copyright (C) 1997, t. v. USACE A1D9 DWQ # Site # (indicate on attached map) Provide the following information for the, stream reach under assessment. ?^ n 1. Applicant's nameb(,e 'j, l M e- L nn ety 2. Evaluator's name: Derc Ic S - dd,2,d 3. Date of evaluation: /4?1 r?O 6 4. Time of evaluation: //:-?(9 a • ,n 5. Name of stream: 124 J- lelal- of-J4 r 6k 6. River basin: 7. Approximate drainage area: 304errf S. Stream order: /U.A - 9. Length of reach evaluated: ,?w Iett 10. County: &V / ??eee 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 33.872312): 36 DQ S (. 18'e /V Longitude (ex. -77.556611): 1 ( ZQ 3S Method location determined (circle): GPS po Shce Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if any): L 4k'C_ ??o?Ii,. ? ?e•?t 15. Recent weather conditions: ??,4 4.?, r4!/ - / y,•J?? L 16. Site conditions at time of visit: `!Te1q+leJ- 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat rout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES 1? If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES © 20. Does channel appear on USDA Soil Survey? YES 21. Estimated watershed land use: Za% Residential % Commercial _% Industrial % Agricultural 8O% Forested ZQ% Cleared / Logged % Other ( 22. Bankfull width: (o 9/IcAe a- 23. Bank height (from bed to top of bank): a' ZnG lteV- 24. Channel slope down center of stream: -Flat (0 to 2%) Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (> 10%) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided chatmel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shorn for die ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the conmient section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Score (from reverse): L U Comments: / le- G s Evaluator's Signature d - Z4& t Date ? This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET . 4& STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT IVAGE SORE # CHARACTERISTICS Coastal Piedmont Mountain l Presence of flow / persistent pools in stream 0-5 0-4 0-5 1 (no flow or saturation = 0; strong flow = max points) Evidence of past hurn-m alteration - 6 5 0 - 5 0 - I (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 I (no huffcr = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 (extensive discharges = 0; no discharges = max points) a 5 Ground«ater discharge 0-3 0-4 0-•4 ,q (no discharge = 0; springs, seeps, Nvcllands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0_2 ho flood lain = 0; extensive flood lain = inax prints 7 Entrenchment / floodplain access 0-5 0-4 0-2 1 (deeply entrenched = 0; Frequent flooding = max Dints) ` 8 Presence of adjacent wethunds 0-6 0-4 0-2 Q (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 _ 0-3 (extensive channelizatio n = 0: natural meander = max pints) 10 Sediment input 0-5 0-4 _ 0-4 2 extensive deposition= 0, little or no sediment = max points) I I Size & diversity of channel bed substrate NA* 0-4 0-5 (fine, homogenous = (; large, diverse sizes = max point,;) 12 Evidence of channel incision or widening 0-5 0-4 0-5 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major blink failures 0-5 0-5 0-5 3 severe erosion = 0; no erosion stable hanks = max points) n •? 14 Root depth mid density on banks 0-3 0-4 0-5 Z E, (no visible roots = 0; dense roots throughout = max points) - IS Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 - - (substantial impact =0; no evidence = inns points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 (no riffles/ripples or pool,; = 0; well-developed max oints) tJ @ 17 Habitat complexity 0-6 0-6 0-6 (little or no habitat = 0; frequent, varied habitats = max points 18 Canopy coverage over streambed 0-5 0-5 0-5 x (no shading vegetation = 0, continuous canopy = max points) 19 Substrate embeddedness NA* 0-11 0-4 O (deeply embedded = O; loose structure = max) 2(1 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 no evidence = 0; common. numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 O no evidence = 0; common, numerous types = max pints C) Presence of fish 0-4 0- It 0-4 (no evidence = 0; eonllnon, numerous tvpcs = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TO'T'AL SCORE (also enter on first page) Z * These characteristics are not assessed in coastal streams. U.S. ARiNIY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200521215 County: Wilkes GENERAL PERMIT (REGIONAL AND NATION`VIDE) VERIFICATION Property Owner: Dwight & Deborah McKinney Mailing Address: 1332 Green Ridge Road Deep Gap, North Carolina 28618 Authorized Agent: Derek Goddard Blue Ridge Environmental Consultants Mailing Address: 162 Helen Court Boone NC 28607 Telephone No.: LJ Telephone No.: (828) 265-4425 Location of property (road name/number, town, etc.): Dwight & Deborah McKinney property located off of Green Ridge Road, south of Deep Gap, in Wilkes County, North Carolina. The project is located adjacent to an unnamed tributary of the Left Prong Stony Fork Creek. Site Coordinates: 360951.18 ON 812835.47 °W USGS Quad: Maple Springs Waterway: Left Prong Stony Fork Creek River Basin: Yadkin HUC: 03040101 Description of projects area and activity (see page 2 for a summary of authorized impacts): Proposed McKinney pond project as described in your construction plan included with your application received on August 8, 2005, resulting in impacts to approximately 98 linear feet of stream channel of the jurisdictional waters of the Left Prong Stony Fork Creek. CONDITION: All recommendations (except recommendation number 3, a littoral shelf is not a requirement of this permit) in the attached letter, from the North Carolina Wildlife Resources Commission dated August 9, 2005, are hereby incorporated as special conditions of this permit. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification dAeei relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regardin is veriany of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact John Thoo s at jelep9) 876-8441, ext 25. Corps Regulatory Official J Date: 08/17/2005 Verification Expiration Date: 03/18/2007 Page 1 of 2 Copy Furnished: agent Page 2 of 2 ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers l FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: August 9, 2005 SUBJECT: Dwight and Deborah McKinney Pond Project, Unnamed Tributary Triplets Camp Branch, Wilkes County The applicants are requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to develop a pond or lake on an intermittent channel. The project will also incorporate stormwater flows to maintain lake water. Impacts to jurisdictional waters are indicated to be 98 linear feet of intermittent channel. The project will incorporate a cold water discharge. Brook and brown trout are known for streams in the area. Based on the information provided by the applicant and our knowledge of the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed providing the following conditions are implemented: Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 • Fax: (919) 715-7643 McKinney Lake 2 August 9, 2005 2. Only native North Carolina plant and animal species, including fish, should be used for the project and pond stocking. NCWRC biologists are available to provide limited advice about native fish species stocking if local agricultural agents cannot assist in this effort. 3. A littoral shelf should be used around the lake to provide aquatic edge habitat and to provide a safer impoundment edge. 4. Native trees should be planted around the pond (see attached) to reduce thermal impacts to waters and to provide bank stability. Trees should not be planted on dams as this activity could cause dam stabilization problems. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations Ec: Daryl Lamb, DWQ-WSRO McKinney Lake . 3 August 9, 2005 Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation stormwater ponds and mine sites: Spring/Summer Mixture, May 1- Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30 Browntop millet 20 lbs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 lb/a Switchgrass* 5lb/a Winter Wheat 120 lbs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 lb/a Switchgrass* 51b/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicurn clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species maybe appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Native plants and warm season grasses are preferred over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 lbs/acre Atlantic Coastal Panic Grass 5 lbs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Red Oak Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success. rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or agriculturally established non-natives. They have been included as they are readily available commercially and they do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant propagation and survival. ii July 23, 2005 2 0 0 6 1 708 Raleigh Regulatory Field Office United States Arm Corps of Engineers 6508 Falls of the Neuse Road Suite 120 kr?EIVDD Raleigh, NC 27615 Dwight & Deborah McKinne G" 4'4 `1 ?!. 6278 Jcap Ne -'v IF.-"I To Whom It May Concern: Please accept this letter as an authorization for Blue Ridge Environmental Consultants and its employees to be signatory agents in all matters related to permitting applications. Thank You, Wight an Deb ttKinne Y pEN1? c?l?S cn ? ?ERP.EI?a+ N Office Use Only: Form Version March 05 20001700 USACE Action ID No. DWQ No. (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: i `ECEIVLD ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 42 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? ?n II. Applicant Information IE OW, 12- 1. Owner/Applicant Information O C T 3 0 2006 Name: Dwight and Deborah McKinney Mailing Address: 1332 Green Ridge Rd. ri?I?soh+o'?TC. ?xva.????,r,?..;?rj Deep Gap, Nc 28618 Telephone Number: na Fax Number: na E-mail Address: na 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: Derek Goddard Company Affiliation: Blue Ridge Environmental Consultants Inc. Mailing Address: 162 Helen Court Boone, NC 28607 Telephone Number: 828-265-4425 Fax Number: E-mail Address: brec ncgbellsouth.net Page I of 9 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: McKinney Pond Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN):_2868-87-6981 4. Location County: Wilkes Nearest Town: Boone Subdivision name (include phase/lot number): Hidden Valley Lots 7,8,10 Directions to site (include road numbers/names, landmarks, etc.): US 421 North to Stony Fork Road Just South of Deep Gap. Stony Fork Rd. to Mountain View Church Road which turns to Green Ridge Road. Property is marked as 1332 Green Ridge 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): 36.9513 ON 81.2836 °W 6. Property size (acres): 45 ac. 7. Name of nearest receiving body of water: Triplets Camp Branch 8. River Basin: Yadkin (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: Residential and timbered forest land Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project will construct a Lake for recreational use on an Intermittent Stream. (see plans) 11. Explain the purpose of the proposed work: Storm Water Control, Wildlife Habitat, and Recreation 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 NA 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. 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. Page 3 of 9 1. Provide a written description of the proposed impacts: Impacts will include 220 feet of flooding and dam. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 1 UT Flooding/dam Intermittent .5 ft 220 .002 Total Stream Impact (by length and acreage) 220 .002 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 Waterbody Type of Waterbody Area of Site Number p le) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, I Impact indicate on map) ocean, etc. acres Page 4 of 9 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): .002 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) .002 Total Stream Impact (linear feet): 220 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.): dam/embankment Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):-aesthetic, trout pond Current land use in the vicinity of the pond: Forest Size of watershed draining to pond: 32 Expected pond surface area: 5 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. Sediment and erosion control measures will be used in accordance with requirements from the division of Land Quality and dam safety. Page 5 of 9 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/ncwetlands/strmy,ide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NA 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 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/wvM/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Page 6 of 9 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 (919) 733-5083 to review current thresholds for environmental documentation. 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. 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. I Zone* I Impact Multiplier Required (square feet) Mitigation 3 (2 for Catawba) 1.5 Total I I I I * 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. Page 7 of 9 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Storm water controls will be vegetative in nature and allow for natural filtration of sediment. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 8 of 9 We do hereby request that the project be allowed to commence work during the moratorium period with the following provisions. All work shall be accomplished in the dry, using temporary sand bagging and pipes. And that measures be installed in the downstream of the site per the erosion control plan to prevent stream sedimentation. Page 9 of 9 E' 1PP11canUHbCni s ;3lgnuturc LULU (Agent's signature is valid only if an authorization letter from the applicant is provided.) S 5 h 0170 o? GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 inch = 100 ft. Survey information provided by. Triangle Aerial Surveys, Inc. 4208 Six Fork Road Raleigh, NC 27609 919-787-8654 ?Q I tt l? EN E O a0 1366.. 25 - D ?rr7Z????? t9 !.f OG? 0 Nub e?'fitT''str'1;t,.ITY ,rr µu ff blip S1G?aP? ?lk.il t?int,u.l 45?t ?e tt EN S 515 tt E SE ?S s ,?y 1931. 19?` 10889 3W4] tt, ENGINEERING TECTONICS, PA 1720 Yar9row Street Wmtarsalern NC USA 27107 Td 336.724.6994 Fax 336.724.7095 ...,Fn?nwnfoctaia.tam Co{,rjp l Rmaved Th- doc--ft end of data pi-. .pall ti.- and otter information -W'- hen. an M. . rd -d.N property of Engavormq Tod-o. PA, and my a wed only in ro tion with the project f- ehidi p dacumenb haw o..o prepared by Eg-inp Tectonic.. PA..nd for no other purpa.e. Any -thadaed w. of tneee aoam for mry piMpaw n of at tn. ur/. m. A.; Knout paoday to Fd4nownnq Tact 'a. PA Ai Aphl. of dnign m --.d to Enq-f q T..t r PA Project HIDDEN CREEK DAM Title TOPOGRAPHY OF NEW DAM AND IMPOUNDMENT AREA Project No.: 20-06-106 Designed By.. AFM Reviewed By. ABN Approved By. JMR Drawn By. SAS Date: 06.15.06 Scale: 1"= 100' DESIGN SHEET 2 of ? F '? 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L ,':. +!#!Yr_ �Y.C�'',✓�-t :__/-�'�.•�a#'', ; � a` •__ - ,. , - __ ._\ ���s�- 'T` J, Mckinney Lak Spillway e Proiect Cut v orest L nd Cut Over 114% Non-Technical Descriptions Watauga County, North Carolina Only those map units that have entries for the selected non-technical description categories are included in this report. Map Unit: CsD (95D) - Cullasaja very cobbey loam, 15 to 30 percent slopes, very stony Description Category: Sol These moderately steep, very deep, well drained soils are on benches, toe slopes, foot slopes, drainageways, and fans in coves. They formed in colluvium. They have a loamy surface layer and subsoil. Many gravels, cobbles, and stones are present throughout these soils. Occasional stones are scattered over the surface. Permeability is moderately rapid and shrink-swell potential is low. Seasonal high water table is below 6.0 feet, but seeps and springs are common. USDA Natural Resources Conservation Service Distribution Generation Date: 5/9/2002 Page 1 of 1 I' •\? t13 III % O\ ?...,- - t I 1 J r. G© p 11 , I? 1 `..r.i 1 ,- „ l rr , I { , t ! i j .I f,_ z 1 `4 \ '1J ,` `?= f j''p 793 '•? ?":i ?b.. t 7 Cl.• A. _ 1. r17 l1 f }? ( ({ ? _ ?'? y A./1 l ? 17 i i'l ( ..- 7 r ?'.? oC'v f `F i 'Tr} ! f j,(1 - 1 t t (_/ lam/ t n i t o LZ1 s r r j i f Y 7 / POfI?"t_OCaTIOFl?'? t l ?M? rv7E _ - ? \ ? •?J `,\.1111 x r NN ?iL 11 - .. I • 1 L I1 r ` \ - 4 / ?:; E t r?/fib 1w r. a , t: r4 { o , r ?. ?T' C/ f ' Name: MAPLE SPRINGS 14-1 LJ if D Location: 036° 09'53.5" N 081 ° 28'38.3" W Date: 7/25/2005 O r T Caption: McKinney Pond Project Topo Scale: 1 inch equals 2000 feet `? Z0?6 ?! f Copyright (C) 1997, Maptech, Inc. aTFD rn...-_ ov,L r1 I USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name. W ?,c G k .' nn G5/ 2. Evaluator's name: Der't Ic S- C;VcQCXal-d 3. Date of evaluation: lz?1 rla w nn 4. Time of evaluation: 11-.30 5. Name of stream: t,;4 4. ?P- 7rw? of- S q ?..? 6. River basin: fadk i n 7. Appro umate drainage area:- 32 4c rr f S. Stream order: N - A . 9. Length of reach evaluated: 36o ??ef 10. County: LV 1 1 Jee<- 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): /U. A- Latitude Latitude (ex. 34.872312): 16 Q Q 5 I . 1?o Al Longitude (ex. -77.556611): g (Z Q .`'S . ?? ? e Method location determined (circle): GPS po Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): S'-(' a/+7 4toq 14. Proposed channel work (if any): Igke- ?0 1i?. 15. Recent weather conditions: =??P,? ra!(- l yrlry L 16. Site conditions at time of visit: `'??i???_ f/i? ?ISr?vr6z .? 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat 2!5zrout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES (0 If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES Q 20. Does channel appear on USDA Soil Survey? YES 21. Estimated watershed land use: Z% Residential _% Commercial _% Industrial _% Agricultural YO% Forested Z0_01o Cleared / Logged % Other ( 22. Bank-full width: 69heAr &- 23. Bank height (from bed to top of bank): ZnG tied 24. Channel slope down center of stream: -Flat (0 to 2%) Gentle (2 to 41/o) -Moderate (4 to 10%) -Steep (>101/o) 25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of-the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Evaluator's Sib ature t Date ?o - This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POINT RANGE ; SCORE Coastal Piedmont Mountain Presence of flow / persistent pools in stream 1 (no flow or saturation = 0: strona flow = max points) 0-5 0-4 0-5 2 Evidence of past human alteration (extensive alteration = 0; no alteration = max points) 0-6 0-5 0-5 l Riparian zone (no buffer = t); contiguous, pride buffer = tnas points) 0-6 0-4 0-5 Evidence of nutrient or chemical discharges (extensive discharges = 0; no dischar acs = max points) 0-5- 0-4 0-4 .7 Ground-,aater discharge 0-3 0-4 0-4 I U (no discharge = 0; springs, seeps, wetlands, etc. = niax points) ?-+ 6 Presence of adjacent floodplain 0 4 0-11 0 21 ( no floodplain = 0; extensive toodplain = max points) .J~ 7 Entrenchment / floodplain access dee h, entrenched = 0: free ucnt flooding = niax points) o-5 U - It 0-2 I `( Presence of adjacent wetlands (no wotlands = 0; large adjacent wetlands = max points) 0-6 0-11 0-2 O 9 Channel sinuosity (extensne chanileliz_atlon = 0: natural meander = nlax points) 0-5 0- 4 0-3 _ 10 Sediment input 0- 0-4 -4 0-4 (extensive deposition= 0: little or no sediment = nlax points) Size & diversity of chwinel bed substrate 1 I (tine, liomo<wnous = 0; large, diverse sizes = max points) NA* 0-4 0-5 12 Evidence of channel incision or widening .. (deeply incised = 0, stable bed & batiks = max polilts) 0-5 0-4 0-5 , 13 Presence of major bank failures o 0-5 o-5 0-5 (severe er sion = 0; no erosion, stable bulks = max points) 14 Root depth :and density on banks (no visible roots = 0; dense roots throughout = ulax points) 0 - 3 0 - 4 0 - 5 CA 15 Impact by agriculture, livestock, or timber production (substantial impact =0: no evidence = max points) 0-5 0-4 0-5 16 Presence of riffle-pool ripple-pool complexes (no riffles/rip lcs or pools = 0: N,.:cll-devclo )cd = max points) 0-3 0-5 0-6 D 17 Habitat complexity r (little or no habitat = 0; frequent, varied habitats = max points) 0-6 0-6 0-6 d C is anopy coverage over streambed 0 5 (no shading veuctation = 0; continuous canopy = max points) - 0-5 0-5 19 Substrate embeddedness NA* 0- l 0-4 O (deeply embedded = 0. loose structure = max) 20 Presence of stream invertebrates (sec page 4) 0-4 0-5 0-5 no evidence = 0; common. numerous types = max points) Presence of amphibians O _ .1 0-4 0 4 (no evidence = 0: common, numerous types = max points - Presence of fish 2 o-4 0-4 0-4 (no evidence = 0; coinmon, nwncrous typcs = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 ono evidence = 0; abutn&-int evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 20 1 uc?c wi uauwiiJtit;s are not assessed in coastal streams. a U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200521215 County: Wilkes GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Dwight & Deborah McKinney Mailing Address: 1332 Green Ridge Road Deep Gap, North Carolina 28618 Authorized Agent: Derek Goddard Blue Ridge Environmental Consultants Mailing Address: 162 Helen Court Boone NC 28607 Telephone No.: L J1 Telephone No.: (828) 265-4425 Location of property (road name/number, town, etc.): Dwight & Deborah McKinney property located off of Green Ridge Road, south of Deep Gap, in Wilkes County, North Carolina. The project is located adjacent to an unnamed tributary of the Left Prong Stony Fork Creek. Site Coordinates: 360951.18 ON 812835.47 °W Waterway: Left Prong Stony Fork Creek USGS Quad: Maple Springs River Basin: Yadkin HUC: 03040101 Description of projects area and activity (see page 2 for a summary of authorized impacts): Proposed McKinney pond project as described in your construction plan included with your application received on August 8, 2005, resulting in impacts to approximately 98 linear feet of stream channel of the jurisdictional `eaters of the Left Prong Stony Fork Creek. CONDITION: All recommendations (except recommendation number 3, a littoral shelf is not a requirement of this permit) in the attached letter, from the North Carolina Wildlife Resources Commission dated August 9, 2005, are hereby incorporated as special conditions of this permit. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does no relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regardin is verific. io , any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact John Tho96 s at?eleph ee 19) 876-8441, ext 25. Corps Regulatory Official /!Ay-n J• Date: 08/17/2005 Verification Expiration Date: 03/18/2007 Page 1 of 2 Copy Furnished: agent Page 2 of 2 .I ?tJ 0???' ?'PI I 3 0 L11G6 5,x, I t ;i QUALITY AND STORhtWATER BRANCH ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: August 9, 2005 SUBJECT: Dwight and Deborah McKinney Pond Project, Unnamed Tributary Triplets Camp Branch, Wilkes County The applicants are requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to develop a pond or lake on an intermittent channel. The project will also incorporate stormwater flows to maintain lake water. Impacts to jurisdictional waters are indicated to be 98 linear feet of intermittent channel. The project will incorporate a cold water discharge. Brook and brown trout are known for streams in the area. Based on the information provided by the applicant and our knowledge of the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed providing the following conditions are implemented: 1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fiy stages of trout from off-site sedimentation during construction. Mailing Address: Division of Inland Fisheries • 1721 Nlail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 • Fax: (919) 715-7643 McKinney Lake 2 August 9, 2005 2. Only native North Carolina plant and animal species, including fish, should be used for the project and pond stocking. NCWRC biologists are available to provide limited advice about native fish species stocking if local agricultural agents cannot assist in this effort. 3. A littoral shelf should be used around the lake to provide aquatic edge habitat and to provide a safer impoundment edge. 4. Native trees should be planted around the pond (see attached) to reduce thermal impacts to waters and to provide bank stability. Trees should not be planted on dams as this activity could cause dam stabilization problems. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations Ec: Daryl Lamb, DWQ-WSRO McKinney Lake 3 August 9, 2005 Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation Stormwater ponds and mine sites: Spring/Summer Mixture, May 1- Sept. 15 Fa1l/Winter Mixture, Sept. 15 - April 30 Browntop millet 201bs/a Kobe lespedeza 201bs/a Shrub lespedeza 1 lb/a Switchgrass* 5lb/a Winter Wheat 120 lbs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 lb/a Switchgrass* 51b/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Native plants and warm season grasses are preferred over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 lbs/acre Atlantic Coastal Panic Grass 5 lbs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Red Oak Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or agriculturally established non-natives. They have been included as they are readily available commercially and they do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant propagation and survival. -- ---- pt;1 ? (; L006