20050396 Ver 1_Complete File_20050302

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PROGRAM

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RECEIPT

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SEP 2 .~ 2005
DENR - WATER QUAUIYUII"U
WE'T1.>>IDS AND SiORMWATER ~l

September 12, 2005
DWQ #: 01-0396
COE#: N/A

Reid Wright
5436 Live Oak Trail
Raleigh, NC 27613

Project: Oak Winds Subdivision, Lot 14

County: Wake

The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $2.272.32, check
number 2646, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.

The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.

River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 0 2,367
03020201

Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.

If you have any questions or need additional information, please contact Carol Shaw at [phone].

g'~/f

Iiam D. Gilmore, PE ~
Director

cc: Cyndi Karoly, Wetlands/401 Unit
Monty Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File

RMtoriHj... E~... ProtectiHj Our Sta:t{!;

AVA
NCDENR

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

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Michacl F. Easley, Go"Vcrnor

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William G. Ross Jr Secrctarv
North Carolina Department of Environment and Naturai'Resource~

Alan W. Klimck. P.E. Dircetor
Division of Water Quality

March 11, 2005

DWQ Project # 05-0396
Yancey County

Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714

Subject Property: Polecat branch EWP 2004-20

Reissue of Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs. Lawhern:

You have our approval in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 60 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on March 9, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to
use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404
or CAMA Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

N~nt'ihCarolina
;Vii/lIra//ff

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: http://h2o.enrstate.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper

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PageZ of 5
March 11, 2005 '1

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1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Amount Plan Location or Reference
Approved (Units)
Stream 60 (feet) Polecat Branch

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

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Page30f5
March I I. 2005

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. Matting should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas. In addition, because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should
be conducted, as necessary, in the spring-time with a native annual and perennial
seed mix with a temporary nursery crop of wheat, millet or other grain.

7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

8. The. channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natur~1 and .more stabl~ str~am
channel dimensions. Stream bed materials are unstable In flOWing-water Situations
and are unsuitable for bank stabilization. Stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.

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Page4of5
March II, 2005 .

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9. Sta~ilization measures should only be applied on or near existing erosion sites,
leavl~g. other stable ~t~e~m bank areas in a natural condition. Grading and
backflllmg should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms are not permitted beca use
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.

10. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

11. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

12. As long-term stream stability is a concern with this type of work, it is strongly
recommended that woody vegetation be established along stream banks where
possible. Any riparian vegetation planting should be performed in accordance with
the Guidelines for Riparian Buffer Restoration.
(http://h20.enr.state.nc.us/wrp/pdf/buffers. pdf )

13. Monitoring

The Permittee shall examine the stabilization work done under this Certification
on an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must
be provided to DWQ's Asheville Regional Office by June 1st of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.

13. The permittee will provide on-site supervision of stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.

14.lf pasture along the stream is to be used for grazing, the permittee must inform the
appropriate landowners that cattle should be prohibited from damaging riparian
areas and from de-stabilizing the stream banks and channel.

15. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream.

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PageS of5
March J l. 2005

16. Water Quality Certification Notifications

The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.

16. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration, of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General,
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

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 Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

~~

AWKlkhb

fV^-Alan W. Klimek, P.E.

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: Altamont Environmental, Inc.
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0396. EWP. PolecatBranch.Approval

, 401 Approval Letters

Subject: 401 Approval Letters
From: Laurie Dennison <[e-mail]>
Date: Fri, 15 Apr 200508:55:05,-0400
To: Kevin Barnett <Kevin.Barnett@ncma~1.net>

Kevin:

I'm in need of the follow 401 Approval letters to close out exisiting files on this
end. Please mail or fax copies for the following DWQ Project #'s.

Thanks in advance.. ..Laurie Dennison

05-0349 Blue Waters Mountain Lodge
v65-0396 Yancey County polecate Branch ;VO CLppnJL .l.:h.. -R,.e.-c..vd - ~ ~ \~ loE,
05-0418 Mitchell County Cane Creek
05-0445 Ayles Creek EWP
05-0446 Cattail CreekEWP
05-0447 South Toe River EWP
05-0448 Robert Reed
05-0451 Paul Wickham
05-0452 Haynes Rogers
05-0470 Tony Johnson
05-0485 Philip Bowman

1 of 1

4/1512005 8:55 AM

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
Fnm=!!=:t WA!=:tt:lll

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Yancey County: Pole Cat Branch EWP 2004-20
Project Number 05 0396
Recvd From APP
Received Date 3/2/05 Recvd By Region
Project Type Channel stabilizatiou & debris removal

County Yancey
County2
Region Asheville

Certificates

Permit Wetland Wetland
Type Type Impact

INW 27 I Stream 10 Y @ N

Wetland
Score

Stream
Index

Stream
Class

Acres
Basin Req.

Feet

Prim.

6-52-1-1

rei

140,303. 1

60.00

MitiQation
MitigationType

Feet

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 355212 Longitude (ddmmss) 821745

Comments:
Issued - ARC - 03/11/2005 - KHB

cc:

Regional Office
Central Office

Page Number 1

Facility Name Yancey County: Pole Cat Branch EWP 2004-20

County Yancey

Project Number 05

0396

Regional Contact: Barnett, Kevin
Date:

Comments (continued from page 1):

cc:

Regional Office
Central Office

Page Number 2

Triage Check List

Date: 3/7/05

Project Name: Yancey Co: Polecat Branch
DWQ#: 05-0396
County: Yancey

Kevin Barnett, Asheville Regional Office

To:

60-day Processing Time: 3/2/05 to 4/30/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

o Stream length impacted
o Stream determination '
O Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
Cumulative impact concern
o
o
o

Comments: As per our discussion regarding revision ofthe 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!

. _ ....4

ALTAMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.eom

,050396

February 25, 2005

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MAR 2; ?Dn~

Ms. Cyndi Caroly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

RECEiVED

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Subject:

Yancey County EWP Project Pre-Construction Notification Application for Pole Cat
Branch EWP 2004-20

Dear Ms. Caroly:

Enclosed are six copies of the Pole Cat Branch recovery site 2004-20 application for Section 404
nationwide permit 37, and corresponding DWQ 401 water quality certification. Recovery work applied
for in this permit includes streambank stabilization. I have signed the application as an authorized agent
for Yancey County. A letter of authorization is included. Additionally, we have sent one copy of the
enclosed permit application directly to Mr. Kevin Barnett in the Swannanoa office, Mr. Brian Cole in the
Asheville U.S. Fish and Wildlife Service office, and Mr. Dave McHenry in the Waynesville N.C.
Wildlife Resources Commission office.

Since the cumulative impact of stream work is less than 150 linear feet of stream, a $200 permit fee is
attached.

Altamont appreciates your assistance with this application. If you would like additional information,
please contact me.

Sincerely,

fi:/ A

Stuart A. Ryman, P.G.

Enclosures:

PCN - Pole Cat Branch EWP 2004-20
Letter of Authorization

CC:

Michele Lawhern - Yancey County Manager (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)

P:\Yancey-EWP\Correspondence\DWQ penn it eover letter-Caroly-DSE 20.doe

nLE COP~

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MAR 2 2005

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Office Use Only:

DENg- W!\i Cr'. .....:--r..'-~',. ,~ .
HIt:T1 u",,, 'kDSTOKM'MTERbR.,li\..H Form VersIOn May 2002
,V~lu,.r'U,)t\li .
050396

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NlA."')1_
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Processing 1"'1\ 1~:T [' " \! r.: D
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I.

1. Check all of the approval( s) requested for this proj ect:
[2J Section 404 Permit D
D Section 10 Permit D
[2J 40 1 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

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: D

D. Applicant Information

1. Owner/Applicant Information
Name: Michele Lawhern, Yancey County Manager
Mailing Address: Room 11, Courthouse
Burnsville, NC 29714

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc
Mailing Address: 50 College Street
Asheville, NC 28801

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

Page 1 of 10

III. Project Information

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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: Pole Cat Branch EWP 2004-20

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): See attached Table 1

4. Location
County: Yancey County Nearest Town: Burnsville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):

Follow Highway 19E East through Burnsville. After passing Ingles and Texaco on the
right, turn right on NC Highway 197 South. After approximately seven miles Highway
197 crosses Low Gap Road, the next left is Moody Mountain Road. Take a left on to
Moody Mountain Road, stay to the right at the fork in the road. The downstream end of
the project reach is the intersection of Highway 197 and Moody Mountain Road, the
upstream of the project reach is approximately 1/4 mile upstream. See attached Figure
1.

5. Site coordinates, if available (UTM or Lat/Long): 350 52' 12" N/820 17' 45" W (approximate
center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): Multiple - See attached Table 1

7. Nearest body of water (stream/river/sound/ocean/lake): Pole Cat Branch

8. River Basin: French Broad

Page 2 of 10

(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:

The proposed project site consists of light residential uses. The stream and stream banks
were heavily impacted during Tropical Storms Frances and Ivan. Stream bank erosion
threatens the stability of the adjacent road. According to DWQ's response to the site
environmental review checklist, Pole Cat Branch is a Class C water and not a trout
water. However, it is a tributary to the Cane River, which is a trout water.

9. Describe the overall project in detail, including the type of equipment to be used:

EWP 2004-20
This project area begins at the intersection of Highway 197 and extends upstream
approximately ~ mile. Highwater flow has severely eroded the right riverbank at three
locations upstream of the intersection of Highway 197 and Moody Mountain Road (location
1,2, and 3 Figure 1). The right riverbank is over-steepened and is unstable at these
locations, which are adjacent to the road. There are two affected property owners in this
project reach (Figure 2 and Table 1). Repairs at this DSR will involve the following:

. Stabilize the channel at locations 1, 2, and 3 in its post-jlood configuration using rock
structures including rock vanes.
. Limited removal of organic debris

Removal of Organic Debris
Fallen trees, limbs, dislodged brush, and non-native material within the cross section of the
existing or original channel up to and including the debris line will be removed. Any
foreign debris (e.g., trash, appliances) will also be removed. Trees whose near termfall is
apparent will be removed. Rooted trees designated for removal will be cut three feet above
the ground surface and the root masses will be left in place. Disturbance of channel bottom
and banks and equipment access areas shall be held to the minimum necessary to allow the
construction equipment to remove debris. All areas disturbed due to debris removal and
equipment access shall be reshaped and reseeded.

The road runs parallel to Pole Cat Branch within 1-4 feet from the river right bank. All
areas of work proposed on Pole Cat Branch are easily accessible from the existing road.
For this reason it is anticipated that there will be minimal disturbance due to equipment
access. Dead trees that provide den habitat and are determined to pose no hazard to the
channel shall be protected. The applicant recognizes that some woody debris in the
riparian zone is a necessary component of habitat integrity and will strive only to remove
non-native objects and those debris elements considered an immediate or impending threat
to life and structures.

Page 3 of 10

The applicant does not anticipate the removal of rocky debris from the channel or from the
adjoining floodplain.

Streambank Restoration
The existing paved road runs parallel to Pole Cat Branch within 1-4 feet from the stream
right bank. All areas of work proposed on Pole Cat Branch are easily accessible from the
existing road. For this reason it is anticipated that there will be minimal disturbance due to
equipment access. Stream bank stabilization at the three locations depicted in Figure 1 will
be accomplished using rock vanes, j-hooks, and large angular stone to reduce near bank
sheer stress (typical channel details are included in Figure 3). Geotextile fabric will be
placed behind the rock used to stabilize the banks. Topsoil will be placed on the top of the
reconstructed bank to aid in the establishment of vegetation. The area will be seeded with
grasses upon completion of heavy equipment work. With landowners' permission, live
stakes and bare root stock native trees and shrubs will be planted on top of the stabilized
bank.

Any channel work will take into account existing upstream and downstream channel
dimensions. At no time shall excavation proceed below the normal channel bottom depth.
Streambank stabilization and debris removal work will be done such that there is a smooth
transition from upstream to downstream through the repaired channel. The temptation to
create a wide, shallow channel will be avoided. Temporary and/or permanent herbaceous
vegetation shall be planted on all bare soil within 5 days of ground disturbing activities. With
the landowner's permission, live stakes and bare root stock native trees and shrubs will be
planted on the top of bank stabilization work.

Erosion and sedimentation prevention and control will be maintained throughout this
project primarily through proper water management, construction sequencing, proper
staging and stockpiling of materials, and the maintenance, at all times, of suitable channel
capacity for expected flow events.

The work addressed in this application is intended to improve the post flood hydraulic
capacity of the stream reaches discussed and to stabilize severely eroded stream banks that
are threatening the road. The proposed actions are not intended to enhance existing
conditions or restore the stream reaches using natural channel design techniques. Such
activities would require detailed engineering evaluation and design, which are beyond the
intent of the EWP program. The proposed work has not been reviewed or sealed by a
Professional Engineer. However, natural channel techniques and measures may be
implemented, when applicable, tofurther stabilize areas in the event offuturefloods.

Figure 4 is a conceptual drawing illustrating proposed stream stabilization measures on
digital photography.

Equipment that may be used to accomplish the above listed tasks include; Rubber tired
skidders, 15 ton dump truck, hydraulic track mounted excavator with thumb, and chainsaws.

Page 4 of 10

10. Explain the purpose of the proposed work:

Stabilize streambanks to prevent further erosion and sedimentation and protect existing
road.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A

v. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No

VI. Proposed Impacts to Waters of the United StateslWaters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, pleas~ attach a separate sheet.

1. Provide a written description of the proposed impacts:

Proposed impacts include limited streambed disturbance, debris removal, and stream bank
stabilization.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact lOO-year Floodplain ** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)

Page 5 of 10

List each impaet separately and identifY temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A

3. Individually list all intermittent and perennial stream impacts below:

Average Width
Stream Impact Length of of Stream
Site Number Impact (linear Stream Before Impact Perennial or
I (indicate on map) Type of ImDact* feet) Name** (ft) Intermittent?
Stream Bank Pole Cat
1 Stabilization 15 Branch 5 Perennial
Stream Bank Pole Cat
2 Stabilization 20 Branch 5 Perennial
Stream Bank Pole Cat
3 Stabilization 25 Branch 5 Perennial

*

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: eulverts and associated rip-rap,
dams (separately list impacts due to both strueture and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (eement wall, rip-rap, erib wall, gabions, etc.), excavation, ditehing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names ean be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into whieh it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
WWW.USgS.gov. Several internet sites also allow direet download and printing of USGS maps (e.g., www,topozone.com.
www.mapauest.eom. etc,),

Cumulative impacts (linear distance in feet) to all streams on site: 60

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Page 6 of 10

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

*

List eaeh impact separately and identify temporary impaets. Impacts include, but are not limited to: fill, exeavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Size of watershed draining to pond: N/A

Expected pond surface area: N/A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.

The stream repair sites are adjacent to a road, for this reason it is expected that equipment will
be kept out of the stream channel, stream crossings will not be necessary and no excavation will
be done below the existing channel bed. When at all possible stream material will be moved
from dry areas to banks, minimizing the movement of wet (or below water line) stream material.
The temptation to create a wide, shallow channel will be avoided. Temporary and/or
permanent herbaceous vegetation shall be planted on all bare soil within 5 days of ground
disturbing activities. Rocky material shall not be usedfor bank stabilization above the normal
high water mark. Large rocky material for use in rock vanes will be brought in to stabilize the
toe of impacted stream banks where necessary. Altamont will provide a site manager to
periodically inspect and supervise contractor work to help ensure impact avoidance
instructions are beingfollowed.

Page 7 of 10

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr. state.nc. us/ncwetlands/stnngide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A

Page 8 of 10

Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaVstate) land?
Yes [2J No 0

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No [2J

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 0 No 0

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No [2J If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

Page 9 of 10

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage will not change.
Erosion and sedimentation prevention and control will be maintained throughout this project
primarily through proper water management, construction sequencing, proper staging and
stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for
expected flow events. No equipment, fuels, lubricants, or other potential sources of water
pollution will be stored in areas that could be flooded during this project.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Portable facilities shall be provided at the work site.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No IZI

Is this an after-the-fact permit application?
Yes 0 No IZI

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility proj)Jems, or other issues outside of the applicant's control).
N/A (, //

"""''/~':;~I/: jl
." ,/'/ //11"1 /'
..L/' /'
Applicant/Agent's Sig 1lture Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

;7 - Z-g--05-

Page 10 of 10

YANCEY COUNTY

Michele P. Lawhem, County Manager

John Renfro, Chairman
Dean Rieks, Commissioner
Blaine Whitson, Commissioner

* County Courthouse, Room 11 · BumsviIle, North Carolina 28714
PHONE: [phone] · FAX: [phone] . EM AIL: [e-mail]

November 10, 2004

Altamont Environmental, Inc.
50 College Street
Asheville, North Carolina 28801

Stu,

At the regular monthly meeting of the Yancey County Board of Commissioners last
evening, the enclosed contract for professional services was executed, relative to EWP
Section 216 work. Pursuant to, or in the spirit ofthe further intent of this contract, this
Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to
sign and execute all necessary penn its and coordinate communications with said
regulatory agencies.

If there should be any questions about the above, please feel free to call me at any time.

~elY,

V "~~hem

Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746

Table 1

Affected Parcels
Pole Cat Branch

Yancey County, North Carolina

MAPID PIN OWNER Property ADDRESS CITY STATE ZIP AccQS CHANNEL STEAMBANK ROCK DEBRIS WOODY DEBRIS COMMENTS
Size Agreement REAUGNMENT ST ABILIZA nON REMOVAL REMOVAL
(acres) Obtained Y/N
Approximately 300 feet of stream
frontage
50 072800384135000 BRADFORD IKE S AND SARAH A 3.49 60 MOODY MTN RD BURNSVILLE NC 28714 Y .
Approximately 200 feet of stream
frontage
51 072800375823000 WHEELER DORIS ANN RATHBURN ET AL 1.41 995 CATTAIL CREEK RD BURNSVILLE NC 28714 Y .

P;\Yancey CountylNRCS EWPlEmergency RepalrslAyles Creeklparcels_Pole Cat_acoe

Page 1 of 1

Figure 1
Site Location Map
February 25, 2005
USGS Mt Mitchell Quadrangle

Scale 1 inch = 2000 feet

ALTAMONT ENVIRONMENTAL, INC.

E' N GIN E E R I N G & H Y D R 0 G E 0 LOG Y I

Pole Cat Braneh- EWP 2004-20
Yancey County. North Carolina

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmental.eom

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Mixture will be Clpplied when o.vo.ilo.ble,

IE. N GIN E E R I N G & 'H,Y'DiR'O'GE.O;LO'G.yj
50 COLLEGE STREET, ASHEVILLE, NC 2880 I
TEL.[phone] FAC. 828.28 1.335 I
www.a1tamontenvironmental.com

TYPICAL CHANNEL
CROSS SECTION DETAIL

FIGURE

ALTAMONT ENVIRONMENTAL, INC.

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STUART RYMAN
CLIENT: YANCEY COUNTY
DATE: 2/25/05

YANCEY COUNTY EWP
YANCEY COUNTY, NC

3

NOT TO SCALE

FILE PATH: P:\YANCEY-EWP\DSRs\POLE CAT BRANCH\CHANNEL DETAILDWG

Legend

Figure 2
Pole Cat Branch
EWP Project Area 2004-20
Yancey County, North Carolina
200 0 200 Feet

I I

AL T AMONT ENVIRONMENTAL, INC.

Property Boundary
/~-~j/ Surface Water
~ Roads

IENGINEERING & HYDROGEOLOG'I1

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironrnental.com

01-15-05

"

-..~ -..r ,...~...

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.....

...

DRAWN BY: ZAN PRICE
PROJECT MANAGER: SYU RYMAN
CLIENT: YANCEY COUNTY
DATE: 02/23/05

NOT TO SCALE

STREAM STABiliZATION
MEASURES
EWP 2004-20
POLE CAT BRANCH
YANCEY COUNTY, NC

FIGURE

AL TAMONT ENVIRONMENTAL, INC.

IENGINEERING & HYDROGEOLOGYI
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.aItamontenviroruuental.com

4

FILE PATH: P:\YANCEY-EWPIDSRsIDSR 20 POLE CAT BRANCH ICONCEPTUAL DESIGN PHOTOS.OWG