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Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval; sought from the
Corps:
®Section 404 Permit ❑ Section 10 Permit
r
1 b.
Specify Nationwide Permit (NWP) number: 13 & 27 or General Permit (GP) number:
\
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit`
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Elk Shoals NC State Park
2b.
County:
Ashe
2c.
Nearest municipality / town:
West Jefferson
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
State of North Carolina
3b.
Deed Book and Page No.
Deed Book 497, page 371
3c.
='Responsible Party (for LLC if
applicable):
Joseph Shimel (Park Superintendent)
3d.
Street address:
358 New River State Park Road
3e.
City, state, zip:
Laurel Springs NC 28644
3f.
Telephone no.:
336-982-2587
3g.
Fax no.:
N/A
3h.
Email address:
joseph.shitnel@ncparks.gov
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is
® Agent ❑; Other, specify:
4b.
Name`
Glen Sullivan
4c.
Business name
(if applicable):
Foggy Mountain Nursery
4d.
Street address:
2251 Ed Little Road
4e. City, state, zip:
Creston NC 28615
4f.
Telephone no.:
336-384-5323
4g.
Fax no.:
336-384-6764
4h.
'Email address:
foggymtn @skybest.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
5b.
Business name
(if applicable):
5c.
Street address:
5d.
City, state, zip:
5e.
Telephone no.:
5f.
Fax no.:
5g.
Email address:
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
19306 030
1b. Site coordinates (in decimal degrees):
Latitude Longitude:
(36:3665) ' (-81.4336)
1 c. Property size:
269.39 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
South Fork New River
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV;HQW
2c. River basin: map is available at
New
http://h2o.enr.state.nc.us/admin/maps/
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is located in a rural farm and residential area at the end of NCSR 1222 on the South Fork of the New
River. Bed rock shoals in the center of the stream has directed the thalwag to the bank. The bank is severely eroded due
to the pressure of the water and the lack of vegetation. State road NCSR 1222 north shoulder is eroding into the river. NC
DOT has placed large rip -rap in an attempt to repair the bank.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
15,237, If of South Fork New River
3d. Explain the purpose of the proposed project:
To repair and stabilize eroding banks by reestablishing proper bank profiles through bank reshaping and with eight (8) in -
stream structures. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the
site.
3e. Describe the overall project in detail, including the type of equipment to be used:
Eroding banks will be reshaped to approximately 2:1, or flatter where possible and planted with native vegetation. Eight
(8) rock vanes will be constructed to divert the thalwag back to the center of the river. During construction a track hoe will
do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes.
After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control
matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All
areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry,
Sambucus canadensis) along with native rhododendron mtn laurel and river birch.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinationsbythe
Corps or State been requested or obtained for this property /
❑ Yes' ® No ❑ Unknown
project (including allpriorphases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other: Corp Regulatory Official
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Application date: 4/6/07 Army Corp ID # 2007-911-305 March 12112007: DWQ # 07-0426 March 27t12007.
6. Future Project Plans
6a. Is this a phased project? Tff
Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
Fj Wetlands Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b
2c:
2d
2e
2f.
Wetland impact
Type of jurisdiction
number'-
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then; complete this
question for all stream sites impacted.
3a
3b
3c.
3d,
3e.
3f.
3g,
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Stabilization
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
849
S2 ®P ❑ T
Rock Vane
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
10
S3 ®P ❑ T
Rock Vane
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
10
S4 ® P ❑ T
Rock Vane
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
10
S5 ®P ❑ T
Rock Vane
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
10
S6 ® P ❑ T
Rock Vane
South Fork New
River
® PER
❑ INT
® Corps
❑ DWQ
140
10
3h. Total stream and tributary impacts
929
3i. Comments: see attachment
Page 5 of 11
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
0
4g. Comments:
5. Pond or Lake `Construction
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
0
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse F1 Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
B1 ❑P❑T
-required?
❑Yes
❑ No
❑Yes
B2 ❑P❑T
❑ No
❑Yes
B3 ❑P❑T
❑ No
6h. Total buffer impacts
0
6i. Comments:
Page 6 of 11
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project will stabilize 929 If of eroding stream bank, reduce stream bank erosion, reduce in-stream sediment loads
and improve in-stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated
and functioning riparian zone
b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques..
During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated
that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the
stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can
seeded and stabilized in one day. Banks will seeded and coir matting will be placed and anchored with wooden stakes.
Flat areas will be seeded and covered with straw.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ;® No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?,
Mitigation bank
❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non-riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information.
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes
❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
® No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
(D'No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. 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.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b.
Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
F-1 Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website-.http://www.fws.gov/nc-es/es/countyfr.html
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.fIori damari ne.org/efh_coral/i ms/viewer. htm
7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a.
Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b.
What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places athttp://www.hpo.ncdcr.gov/nrlist.htm
8. Flood Zone Designation (Corps Requirement)
8a.
Will, this project occur in a FEMA -designated 100 -year floodplain?
® Yes No
8b.
If yes, explain how project meets FEMA requirements: The project will not impede flood waters.
8c. What source(s) did you use to make the floodplain determination? http://ashegis.ashecountygov.com/webgis/
Glen Sullivan
February 5,
2019
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Western Peidmont Region Coordinator 3855 Idlewild Road Kernerville
NC 27284-9180
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Ashe City: Jefferson
Center coordinates of site (lat/long in degree decimal format): Lat. 36.36650 N, Long. -81.4336° .
Universal Transverse Mercator:
Name of nearest waterbody: South Fork New River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: South Fork New River
Name of watershed or Hydrologic Unit Code (HUC):
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): February 5, 2019
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There#i,�," "" "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain: Waters used for recreational canoeing/kayaking and fishing.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There a"waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 929 linear feet: 140 width (ft) and/or 2.98 acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
a For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III. F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: South Fork New River.
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
3 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes "
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/%cover: 10
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: highly eroding.
Presence of run/riffle/pool complexes. Explain: none flat.
Tributarygeometry: '' ,
g ry:
Tributary gradient (approximate average slope): 60 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year ,- *4
Describe flow regime:
Other information on duration and volume:
Surface flow is: ". Characteristics:
Subsurface flow: 11 j". Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by:" Mean High Water Mark indicated by:
EJ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Explain:
Surface flow is:
Characteristics:
Subsurface flow: Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are river miles from TNW.
Project waters are aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: W"
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: 929 linear feet 140 width (ft), Or, 2.98 acres.
Wetlands adjacent to TNWs: 0 acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
®Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED ]INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):1"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ Irom which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
. Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Q Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
I, Joseph Shimel designate Glen Sullivan of Foggy Mountain Nursery to act as my
duly authorized agent concerning all US Army Corps of Engineers and NC DENR
permitting regarding the streambank restoration project on my property in Ashe
County, NC.
Joseph Shimel
Name
358 New River State Park, Laurel Springs, NC 28644
Address
336-982-2587
Phone number
joseph.shimel@ncparks.gov
E-mail address
336-982-3943
Fax number
2/7/19
Date
Mr. Peter R. Parish
Elk Shoals United Methodist Camp
P. O. Box 208
West Jefferson, NC, 28694
.',Lchael F. Easley, Governor
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Parish:
Elk Shoals United Methodist Camp has our approval to conduct stream stabilization and enhancement
activities, in accordance with the attached conditions, along 140 linear feet of the South Fork of the New
River located on camp property on Methodist Camp Road near West Jefferson in Ashe County, as described
in your application received by the Division of Water Quality on March 6, 2007. After reviewing your
application, we have determined that this activity is covered by General Water Quality Certification Number
3626, which can be viewed on our web site at http://www.ncwateMuality.org. This Certification allows you
to use Nationwide Permit Number 13 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 the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed 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 140 linear feet The South Fork of the New River at the Elk Shoals United
Methodist Camp on Church Camp Road near West Jefferson in
Ashe County as shown on the topographic map submitted with the
I Pre -Construction Notification
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 h1toltwww ncwaternualitv.om
Customer service Number: 1-877-623-6748
An Equal OpponunitytA(fumative Action Employer — 50% Recyc*&10% Post Consumer Paper
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Water Quality
March 27, 2007
DWQ# 07-0426
Ashe County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Parish:
Elk Shoals United Methodist Camp has our approval to conduct stream stabilization and enhancement
activities, in accordance with the attached conditions, along 140 linear feet of the South Fork of the New
River located on camp property on Methodist Camp Road near West Jefferson in Ashe County, as described
in your application received by the Division of Water Quality on March 6, 2007. After reviewing your
application, we have determined that this activity is covered by General Water Quality Certification Number
3626, which can be viewed on our web site at http://www.ncwateMuality.org. This Certification allows you
to use Nationwide Permit Number 13 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 the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed 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 140 linear feet The South Fork of the New River at the Elk Shoals United
Methodist Camp on Church Camp Road near West Jefferson in
Ashe County as shown on the topographic map submitted with the
I Pre -Construction Notification
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 h1toltwww ncwaternualitv.om
Customer service Number: 1-877-623-6748
An Equal OpponunitytA(fumative Action Employer — 50% Recyc*&10% Post Consumer Paper
Mr. Peter R. Parish
Page 2, DWQ# 07-0426
March 27, 2007
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design: Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDEtiR
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 WS -IV waters and High Quality Waters (HQW) as described in 15A NCAC
02B .0216, Fresh Surface Water Quality Standards For Class WS -1V Waters and in 15,4 NCAC 02B
.0224, High Quality Waters. 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
Division of Land Resources has released the project, if applicable, or otherwise when the project is
completed.
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. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs showing all stabilized and enhanced stream reaches.
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 Wetlandsi401 Central Office in Raleigh at 919-715-4631.
Sincerely,
!r Alan W. Klimek, P.E.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007-911-305 County: AshUSGS Quad: Glendal Springs
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Elk Shoals United Methodist Camp: Attn: Peter Parish
Address: P.O. Box 208
West Jefferson, North Carolina 28694
Telephone No.: 336-8774607
Size and location of property (water bode. road name/number, town, etc.): The site is located along the
South Fork New Fork_ on Methodist Camp Road Road, in West Jefferson, Ashe County, North
Carolina
Description of projects area and activity: This permit authorizes activities associated with a stream
restortion project Impacts authorized by this permit total 140 linear feet of stream channel of the
South Fork New River,
Applicable Law: ® Section 404 (Clean Water Act. 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act. 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached Nationwide conditions and your submitted plans Any violation of the attached conditions
or deviation from your submitted plans may subiect the permittee to a stop work order, a restoration order
and/or appropriate legal action,
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, i v
commence or are under contract to commence this activila before the date that the relevant nationwide M mit iris
modified or revoked ZQu will have twelve ( 12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued andior modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and'or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modih'. suspend, or
revoke a case specific activity's authorization under and NWP.
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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals ipermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Liz Hair at 8--18-271-7980 x232.
Corps Regulatory Official .iz Hair Date: March 12, 2007
Expiration Date of Verification: March 18, 2007
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FIGURE 5. Typical bank reshaping and revegetation plan.
Cross-section view before work (existing condition)
1 ( l 1 \ Pasture grasses, little valve for bank
stabilization or stream shading.
Cross-section view after work
Vertical bank showing area to be
reshaped.
Rooted trees, 2' to 6' tall.
Herbaceous vegetation.
14
Live stakes 18" to 24" in length.
Erosion control blanket 4
�• . - 8 ft wide, anchored with
wooden stakes/live stakes.
1
" "'f41-1 4
Water level
FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph
shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New
River State Park.
PLAN VIEW
le
CROSS-SECTION VIEW
kfull el
Footer rocks
Top rocks
Bankfull bench
Pa
60 0 60 120 180 VICINITY MAP
GRAPHIC SCALE — FEET
Property line runs
with the center of
the river. NC State
Parks owns the land
south and east of the
river.
Rock Vane @ T�
$ 4+53 FD K N
o Slope from 3+00 - 4+80 �/ RIVE
/Rock Vane @
1 2+87 /
MATCH LINE
z�
KEY:
Bank resloping
0
Rock Vane
Toe Rock
tel]
Note: AAI work areas are approximate
Rock Vane @
1+80
Toe Rock placed
to stabilize NCSR
1222.
MATCH LINE
Rock Vane @
:1--1+04
SITE PLAN SHEET 1 of 2
Elk Shoals
NC State Park
2251 m UTTLE ROAD CRFSTON NC 26615 T* (336) 364-5=
VICINITY MAP
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website:http://www.fws.gov/nc-es/es/countyfr.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑Yes No
i status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places athttp://www.hpo.ncdcr.gov/ndist.htm
8 Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated`100-year floodplain?
Yes' Q No
8b. If yes, explain how project meets FEMA requirements: The project will not impede flood waters.
f
8c. What source(s) did you use to make the floodplain determination? http://ashegis.ashecountygov.com/webgis/
...._._..____........... _.............. ......... -........
Glen Sullivan
___...._...�...._...._..................._._..__....................._......... ._
February 5.
Applicant/Agent's Signature
Applicant/Agent's. Printed Name
Date
(Agent's signature is valid only If an authorization letter from the applicant
is provided.)
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