20050418 Ver 1_Complete File_20050304

CV W Michael F. Easley, Governor
4 William G. Ross Jr., Secretary
]_ 1 r- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 6, 2005
DWQ Project # 05-0418
Mitchell County
Kathy Young, Mitchell County Clerk
Mitchell County Board of Commisioners
Sdministration Building 2
26 Crimson Laurel Circle
Bakersville, NC 28705
Subject Property: Cane River EWP M2004-03
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Young:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 1,020 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 January 19, 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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr state nc us-/ncwetlands
on One
./ atara!!J
An Equal Opportunity/Affirmative Action Employer - 50°6 Recycled/100% Post Consumer Paper
Page 2 of 6
April 6, 2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 1,020 feet Cane Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Page 3 of 6
April 6, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Cane Creek is classified C, Trout. As such, the following Administrative Codes
apply: 15A NCAC 0413.0125 and 15A NCAC 0213.0211
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, 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.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Page 4 of 6
April 6, 2005
9. 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 natural and more stable stream
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.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except .in cases
where excess stream bed materials are available. Berms are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.
11. 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.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
13.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 w Guidelines for Riparian Buffer Restoration.
n
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 15t of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.
14.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.
Page 5 of 6
April 6, 2005
15. If 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.
16. 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.
17. 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.
18-Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
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.
Page 6 of 6
April 6, 2005
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.
Sincer y,
i
i
c-- Alan W. Klimek, P. E.
AWK1khb
Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Stu Ryman
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-0418.EWP..MitchellCounty.CaneCreek.Approval
401 Approval Letters
Subject: 401 Approval Letters
From: Laurie Dennison <[e-mail]>
Date: Fri, 15 Apr 2005 08:55:05 -0400
To: Kevin Barnett <[e-mail]>
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
05-0396 Yancey County Polecate Branch
v05-0418 Mitchell County Cane Creek - rr)o o..ppruL 14-V
05-0445 Ayles Creek EWP
05-0446 Cattail Creek EWP
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
lof I
?I1- 5?13?05
4/15/2005 8:55 AM
MEMORANDUM
TO: John Dorney
Non-Discharge Brand
i'N
SUBJECT: WETLAND STAFF REP%j p,1 Lip A
Facility Name 1?litchell County: Cane C
Project Number 05 0418
Recvd From APP
Received Date 3/4/05 Recvd
Project Type Stream bank stabilizatio[
o-P pr- v ? ?-?.
:t: Barnett. Kevin
ir: FnrrPSt Westall
e:
Mitchell
Asheville
Certificates
Permit Wetland Wetland Wetland Stre
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
1,020.0(
?' -@N 7-2-59-1 C TR 40,306.
37 Stream P-7-
F
O v O N F- F__ I— F_ F_-F_-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y ®O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y Qo N Recommendation: Q Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 360044 Longitude (ddmmss) 820906
Comments:
Issued ARO - 04/06/2005 - KHB
cc: Regional Office
Central Office Page Number 1
Facility Name Mitchell County: Cane Creek EWP M2004-3
Project Number 05 0418
Comments (continued from page 1):
Date:
County Mitchell
Regional Contact: Barnett, Kevin
cc: Regional Office Page Number 2
Central Office
Triage Check List
Date: 3/10/05 Project Name: Cane Creels EWP M2004-3
DWQ#: 05-0418
County: Mitchell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 3/4/05 to 5/2/05
Note original application was mailed to your attention, copied to
Central. This is to advise you of the regulatory clock.
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
E N G I N E E R I N G & H Y D R O G E O L O G Y
February 25, 2005
Mr. Scott McLendon
US Anny Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altaniontenvironinental.com
i
Mr. Mell Nevils
Division of Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612

Mr. Kevin Barnett Mr. Mike Goodson 12 C ,.
Division of Water Quality Division of Land Resources y
Asheville Regional Office Asheville Regional Office ~ }
2090 U.S. Highway 70 2090 U.S. Highway 70
Swannanoa, NC 28778 Swannanoa, NC 28778
Subject: Mitchell County EWP Project Pre-Construction Notification Application and Sediment
and Erosion Control Plan for Cane Creek EWP M2004-3
Dear Mssrs. McLendon, Barnett, Nevils, and Goodson:
Enclosed please find the combined pre-construction notification (PCN) and the sediment and erosion
control (SEC) plan for a portion of Cane Creek, EWP Project No. M2004-03, in Mitchell County. To
streamline the permit approval process, we have combined the application requirements of the United
States Anny Corps of Engineers, North Carolina Department of Environment and Natural Resources
(DENR) Water Quality Section and DENR Land Quality Section into a single application document.
Exigency work applied for in this permit includes streambank stabilization and debris removal. The
primary goals in conducting the exigency work are to protect property and to repair impaired
streambanks to reduce the risk of ongoing erosion. With this letter, we are formally requesting a trout
waiver for this project. Mr. Ryman has signed the application as an authorized agent for Mitchell
County. A letter of authorization is attached.
Altamont appreciates your expedient review of this application. If you would like additional information,
please contact the undersigned.
Sincere
Stuart A. Ryman, P. hristop er F. Gilbert, P.E.
enclosures: Check for permit fee (Goodson and Barnett only)
PCN/SEC Plan - Cane Creek EWP M2004-3
Letter of Authorization
Financial Responsibility/Ownership Form - Sedimentation Pollution Control Act
cc (letter only): Kathy Young - Mitchell County Clerk to the Board of Commissioners
Cliff Vinson - District Conservation Officer NRCS
P:\Mitchell\DSRs\DSR 3 - Cane Crcek\USACE permit\cover letter 02-25-05.doc
Feb 17 05 04:50p
11 El
© 0
D
MITCHELL COUNTY
26 CRIMSON LAUREL CIRCLE, Suite 1 E-mail: [e-mail]
BAKERSVILLE, NC 28705
Telephone: [phone] Fax: [phone]
February 17, 2005
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
Dear Stu:
On January 20, 2005 at the Special Session of the Mitchell County Board of
Commissioners, they executed a contract for professional services relative to
EW P Project. Pursuant to this the Mitchell County Board of Commissioners
upon approval by County Attorney Hise, hereby authorizes Altamont
Environmental, Inc. to sign and execute all necessary permits and coordinate
communications with said regulatory agencies.
If you should have any questions concerning this matter or require additional
information, please do not hesitate to contact me.
Sincerely,
Phil Castro
Acting County Manager
p.I
FINANCIAL RESPONSIBILITY/OIJVNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
1. Project Name ( ao4b C/czl.? `7t??y,rcti`scn.'?? 2CPe.N ?a CZ?liS F-em"'.,
2. Location of land-disturbing activity: County ftl 'cjlz l1 City or Township
Highway/Street _Cra. &Z?)6 &a] Latitude 9 is ob/ 44 n Longitude VV 05' i i o ? n
3. Approximate date land-disturbing activity will commence: Am zoos
4. Purpose of development (residential, commercial, industrial, institutional, etc.):I-lcrd cep; r
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): ?•
6. Amount of fee enclosed: $ IGD• 00 . The application fee of $50.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed Y-1-
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name 5h.A/ - 12 E-mail Address 5rj&12;
Telephone ?Z`c??Z?'il-33gU
Lt? I -?3? t
Cell # 82-e- Fax #
9. Landowner(s) of Record (attach accompanied page to list additional owners):
;?. r_cLej +a-wt
Name Telephone
Current Mailing Address
City State Zip
10. Deed Book No.5ee_cz S de Page No.
Part B.
Fax Number
Current Street Address
City
State
Provide a copy of the most current deed.
Zip
Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
4-?AV Yo??e? _? YCL)Aj a) tit ?G?b2??, ?:1Gin . VIC, US
Names E-m it Address
Current Mailing Address Current Street Address
&L5 It: L ZS705
City State Zip
City
State
Zip
Telephone Ozo - 605 - 3 1-59 Fax Number 025 ` 6S 9- 44+3
(a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
pi /P-,
Nam E-mail Address
Current Mailing Address
Current Street Address
City State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Narne. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
,,IA
Nam of Registered Agent
E-mail Address
Current Mailing Address
City State Zip
Telephone
Current Street Address
City State Zip
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there by any change in the information provided herein.
Mitchell County Kathy Young
Type or print name
( 7?0_thA
Sign to
Clerk to the Board
Title or Authority
Date
U, a Notary Public of the County of
State of North Carolina, hereby certify that /< appeared
personally before me this day and being duly sworn acknowledged at the above form was
executed by him.
Witness my hand and notarial seal, this ?S day of 2005
Notary
Seal f-941'P-16d
My commission expires
Fable i
Affected Parcels
Cane Creek
Mitchell County, Borth Carolina
STEAFABANK ACCESS
MAP ID OWNER CITY STATE ZIP DEBRIS REMOVAL AGREEMENT
STABILIZATION
OBTAINED?
3195 Leroy Ledford Bakersville NC 28705 O O yes
1745 Parnell Cook Bakersville NC 28705 O O yes
9292 Mitchell County Board of Education Bakersville NC 28706 O O pending
3021 Town of Bakersville Bakersville NC 28707 O yes
6707 Mitchell County Board of Education Bakersville NC 28708 O pending
2/16/2005
1LI.T
PI , 1 I, L?
-'
Office Use Only: Fonn Vcrsion May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processinb
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Kathy Young, Mitchell County Clerkto the Board of Conlinissioners
Mailing Address: Administration Building, Suite 2
26 Crimson Laurel Circle
Bakersville, North Carolina 28705
Telephone Number: [phone] Pax 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: Altatttont Divironmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Pax Number: [phone]
E-mail Address: [e-mail]»z
III. Project Information
Attach a vicinity snap 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: Cane Creek EIYP ,1?I2004-03
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See attached Table I
4. Location
County: Mitchell County Nearest Town: Bakersville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Burnsville, follow NC
Highway 197 North to Red Hill. In Red Hill, turn right on NC Highway 226 North. Follow
Highlvay 226 North to the flashing yellow light in Bakersville. Turn right at the flashing
yellow light, then left at the stoplight onto A,1itchell Avenue (Note: 1V1itChell Avenue becomes
Cane Creek Road). Follow Mitchell Avenue for less than a mile f oin the stoplight, pass
Gouge Elementary School on the right, then turn right into Cane Creek Park. The project
area begins at the NC Highway 226 bridge and continues until approximately 200 feet
upstream of Cane Creek Park. The total length of stream beriveerr the upstream al id
downstream extents is approximately 2, 000 feet. See attached Figure 1.
5. Site coordinates, if available (UTM or Lat/Long): 36° 00' 44" N/82° 09' 06" TV
(approximate center of pr oject 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): Cane Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.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:
Land use in the vicinity of the proposed project site consists of an elementary school, a city
park, and agricultural uses. None of the areas are used for grazing. The stream and
streanbanks were heavily impacted during Tropical Storms Frances and Ivan. In two
locations, the stream is clogged with woody and non-native debris, reducing the hydraulic
capacity of the channel. Additionally, six areas of streambank erosion threaten the stability
of adjacernt properties and structures, including a picnic structure and playground areas.
9. Describe the overall project in detail, including the type of equipment to be used:
Portions of the exigency EIVP project area known as DSR No. M2004-03 are addressed by this
permit application. The Cane River at this location is classified as `Class C' and `Trout'
waters. See Appendix A for the environmental checklist fi•orn the NC Wildlife Resources
Corrunission. The following activities are proposed in the project area, which begins at the
Highway 226 bridge and extends upstream approximately 2, 000 feet. Eight distinct areas of
damage, totaling approximately 1, 020 feet, have been identified. Highivater flow has severely
eroded both the right and left riverbank at six areas upstream of the Highway 226 bridge.
TVoody and non-native debris were deposited in the former channel and flood plain in two
general locations. In places, the riverbanks are over-steepened and very unstable. A picnic
shelter and a playground are threatened by the current charnel and streannbarnk configuration.
Repairs in this 2, 000 foot reach of strewn will involve the following:
O Reprove rocky and woody debris from floodplain and stream channel
0 Stabilize the channel in its post flood configuration using organic and rock structures
o Stabilize the river banks by removing unstable vegetation, placing large angular stone
at the toe of the slope to an elevation just above the hater level, backjilling behind and
above the stone with rocky debris removed fr•onn the floodplain or imported to the site,
topping with planting media and planting native vegetation. Additionally, in-stream
structures will be used to deflect the flow from the streannbank.
[York will include: streann bank stabilization in several areas described below, as well as
woody and rocky debris removal. Equipment used to accomplish the above tasks includes:
rubber tired skidders, 15 ton dunnp truck, hydraulic track mounted excavator with thumb, and
chainsavs.
An overview of the site is provided in Figure 2. Figure 3 corntairns sedinnerrtatiorr arnd erosion
control details. Representative photos fr•oru the eight areas are included as Figures 4 through
11. Repairs for each of the eight areas are detailed in Figures 4A through I LA.
Stream Bantu Stabilization
Stream bank stabilization is needed on approximately 870 feet of banks within this 2, 000 linear
foot project at-ea. Stabilization is required at the six distinct locations, as shown in Figure 2.
Repair at each of the six areas will generally include stabilizing the bank in its current location.
A key in trench will be excavated on the outside of the curve at the base of the existing slope as
necessary. Large (three to four foot diameter) angular rock will be used to stabilize the toe of
the bank. A second tier- of rock will be used, as needed. The area behind the boulders will be
backfrlled with rocky debris material excavated fr om the f oodplain or imported material, and
topsoil will be placed on the top of the reconstructed bank to aid in the establishment of
vegetation. A bankfull bench will be constructed in the fill area to increase hydraulic capacity
and entrance future bank stability. The area will be seeded with grasses upon completion of
heavy equipment work. With the landowner's permission, live stakes and bare root stock native
trees and shrubs will be planted on top of the bank stabilization work.
TVork will be per formed from the river- bank to the extent possible. In some locations, work will
occur- in the dry above the normal hater surface level. However, given the existing condition of
the stream bank and channel at these locations, it is likely that the stabilization of the toe of the
banks will occur- in the wet. In such cases, sand bags, or the equivalent, will be used to defect
water flow away from the work area, as well as prevent water from accumulating in the work
area. Standard erosion and sedimentation control measures, as subsequently described, will be
utilized throughout the project.
The work addressed in this application is intended to improve the post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks that are threatening
structures. The proposed actions are not intended to entrance 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 ETVP program.
Removal ofDebris
There is little woody and rocky debris in the channel within the project area. Two distinct areas
(i. e., Area Nos. 2 and 4) of debris removal will be required. 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. Contractors per forming debris removal tasks will be
instructed to access debris from the bank on which the debris is located. Contractors will be
instructed specifically to keep heavy equipment out of the river channel. bn some
circumstances, it is likely that chainsav operators or heavy equipment support personnel may
need to get in the river to cut or help free debris jams being removed. hr addition, large debris
being pulled from the riverbank may result in some riverbank scour. The applicant will instruct
contractors performing the work to refrain from cutting any live vegetation unless it is leaning
toward the river at more than a 30 degree angle and the river is entrenched or the river bank is
unstable at that point. Woody debris removed will be hauled off site or chipped and disposed of
in the food plain. In cases where it is determined that large woody debris can be utilized in
current or projected future bank stabilization work, such as in log veins or as root wads, these
articles may be stored on site out of the foodimy upon landowner permission. All areas
disturbed due to debris removal and equipment access will be reshaped and reseeded. Access
to the cha7iiiel will be perpendicular to the channel. Precaution will be taken to protect mast
production and stream canopy trees. Dead trees that provide den habitat and are determined to
pose no hazard to the channel shall be protected.
Access Agreements are in the process of being obtained for the repair sites on Cane Creek. By
signing the access agreements, the property owners have agreed not to disturb the features that
are installed, including planted vegetation, for a period of at least one year. A surmnary of
property owners, and the status of the access agreements is included as Table 1.
Erosion and Sediment Control
The Erosion and Sedimentation Plarz Checklist' has been included as Appendix B. Erosion acrd
Sedimentation control practices will follow recommendations and requirements found in the
North Carolina Erosion and Sediment Control 11anual, including the following.
Temporary Gravel Construction EmtramcelE it -A temporary gravel construction
entrance will be installed at the western entrance to site location (Figure 3). This will be
constructed in accordmrce with the specification provided in Drawing 1.
Temipormy Diversions and Check Damns - Sand bags, soil berms, or other impervious
water control devices will be used to temporarily divert maim flows away from active
construction areas and to trap water leaving the active work zone.
Sediment Fence - Sediment fencing shall be placed around the staging area for equipment,
soil, and rock materials (Figure 3). Each staging area will be less than one half acre and
will not be graveled. Immediately following construction, the staging area will be leveled,
scarified, and seeded. Sediment fence will be a conrporrent system, which consists of 6 x 6
welded wire fabric and heavy-duty tposts. Sediurent fencing will be installed in accordance
with the specifications included as Drawing 1.
© Erosion Control Mat - Geotextile fabric may be used to temporarily protect exposed soil
during construction in the event ofprecipitation. Coir fiber mats will be used on exposed
soil at the end of each workday. Active work areas will be limited to that which can be
covered at the end of the day. Coir fiber mats will be secured with wooden stakes.
o Vegetation - Sur face stabilization will be done using vegetation as described below, and
demonstrated in Figures 12 and 13.
o Str•earn: Crossiorg - No stream crossir7gs will be necessary. Equipment will avoid working in
the wet whenever possible.
o Temporary Sediment Trap - A small sediment trap will be considered if site conditions
during construction require additional abatement of sedirrrent-laden runoff. Sediment traps
will be constructed in accordance with specifications in Drawing 2.
At the site, work shall proceed from downstream to upstream to reduce sediment loading. All
staging areas will be less than half an acre in size. Work will proceed as follows at each work
area (as applicable):
1. Flag the work limits.
2. Mark live trees and shrubs to be protected.
3. Mark woody debris for removal. (Note: Any woody debris that will be used for bank
stabilization (i. e. root wads) will be marked as such and moved to a specified staging area
once the area is prepared.)
9. Construct temporary construction entrancelexits where necessary.
5. Install sediment fence around staging areas.
6. At the end of each workday install erosion control putting on exposed soil rising reprovable
stakes. Erosion control mats will be constructed of coir fiber or a coin fiber mixture fabric
for maximum erosion protection, vegetation establishment assistance, and for minimal
impact on wildlife. The applicant is considering the use ofpre-vegetated coir mats to
improve erosion control measures and speed the revegetation process.
7. During construction, place large boulders at the toe of repaired streambanks where
necessary.
8. Fill and compact behind boulders. Cover with topsoil, install erosion control mat, and seed.
9. Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the EIVP program is not intended to fund stream restoration design or construction work.
Rather, the EIVP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation acrd possible loss of property or life. Because natural channel
design methods are beyond the scope of the EIVP program, published literature values were
consulted in order to speck the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter° cloth will be placed
behind large rock used for streambank stabilization or for in-stream structures to increase the
stability of the repair pleasures and minimize sediment loading to the steam. If root-wads are
used they will be installed so that at least 113 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, and natural fiber erosion control mats will be
used for streanbank stabilization as required in the 404, permit and 401 permit. Filter cloth
will be placed behind large rock used for streambank stabilization or for in-stream structures to
minimize sediment loading to the stream. Root-wads will be installed so that at least 113 of the
root is iiiurrdated during iiorrrial flows. Corrst•uctiorr detail for iii-st•earri st,uctirres acrd root
wads can be found in Drawing 3.
Once site construction has ceased, the banks of the restored channel will be seeded ivith a
native floodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod ruatting hill be grubbed on-site and used
(where available) to line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the ECfabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally 15-20 lbs/acre depending on species. Native shrub and tree species will be
planted throughout the project reach at a rate of 320 sterns/acre, securing near bank areas and
providing future shading to the channel. Existing lvoody vegetation hill be preserved to
minimize project impacts. The following steps will be observed with respect to vegetation:
1. Exposed soil will be covered with coconut matting at the end of every workday. Mats will
be secured using removable stakes.
2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of
native trees, shrubs and herbs/grasses. 1111 disturbed areas will be seeded with a temporary
native grass mixture irrrrnediately following completion of the work in those areas.
Temporary seeding will be accomplished using an application rate of 120 pounds per acre.
Straw mulch and tall fescue will not be used in riparian meas.
3. Own possible sod will be taken from adjacent areas (with landowner permission) and
placed on exposed soil to provide imnnediate stabilization within five days of ground
disturbing activities.
4. If sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground disturbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.
5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain. Seeding and planting will
be done in accordance with the vegetative plan included as Table 2.
6. TVoody vegetation will be planted during the normal growing season assurrrirrg landowner
permission.
Mitchell County is obligated to perform one year of Operation and Maintenance (O&M) on all
completed work. These O& Mprocedures will consist of, at a minimum, the following.
1. All erosion and sediment control practices will be checked for stability mid operation
following runoff-producing rainfalls but in no case less than once every week during
construction. Any needed repairs will be made immediately to maintain all practices as
designed.
2. Sediment will be removed from behind the sediment fence when it becomes about 0. S feet
deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier.
3. Temporary diversion structures will be inspected on a daily basis during construction to
entire functionality.
4. All seeded areas will be fertilized, reseeded as necessary, and mulched according to
specification in the vegetative plait to maintain a vigorous, dense vegetative cover.
5. Sediment will be removed from the sediment trap and block acrd gravel inlet protection
device when storage capacity has been approximately 50% filled. Gravel will be cleaned or
replaced when the sediment pool no longer drains properly.
10. Explain the purpose of the proposed work:
The lvork being described is exigency work under the EDnergency Thatcrshed Protection program
to protect existing property and structures. Streambank stabilization will also prevent further
erosion and sedimentation to the Cane Creek and North Toe River resource.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate slieet.
1. Provide a written description of the proposed impacts:
Proposed impacts include stream bank stabilization and debris removal. Precautions will be
taken to keep heavy equipment out of the stream channel except where absolutely necessary to
install bank stabilization measures. TVork will be conducted in the dry to the extent practicable.
Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to minimize sedimentation.
2. Individually list wetland impacts below:
There will be no wetlands impacted at this site.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femaj ov.
*** 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:
Stream Impact Length of
Stream Average Width
of Stream
Perennial or
Site Number Type of Impact* Impact (linear Name Before Impact Intermittent?
(indicate on map) feet) (ft)
Area 1 (Figure 4) Streambank Stabilization 100 Cane
Creek 15 Perennial
Area 2 (Figure 5) Debris Removal 130 Cane
Creek 15 Perennial
Area 3 (Figure 6) Streambank Stabilization 50 Cane
Creek 15 Perennial
Area 4 (Figure 7) Debris Removal 20 Cane
Creek 15 Perennial
Area 5 (Figure 8) Streambank Stabilization 210 Cane
Creek 15 Perennial
Area 6 (Figure 9) Streambank Stabilization 60 Cane
Creek 15 Perennial
Area 7 (Figure 10) Streambank Stabilization 400 Cane 15 Perennial
Creek
Area 8 (Figure 11) Streambank Stabilization 50 Cane 15 Perennial
Creek
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usns.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1,020
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.
Open Water Impact

Site Number
(indicate on ma p)

Type of Impact* Area of

Impact
(acres)
Name of Waterbody

('f applicable) Type of Waterbody

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

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embatllanent, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalf of Mitchell County Altainornt ivill provide contractors engaged in the iniplementation of
this lvork both ivrittern and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streambank stabilization and
debris removal work, except where absolutely necessary to install bank stabilization measures
(specifically, to set toe stabilization). Disturbance of channel bottom and banks and equipment
access areas shall be held to the minimum necessary to alloly for bank stabilization and debris
removal. No boulder, cobble, gravel, or sediment will be collected fr•onr the stream channel to
perform streambank stabilization work Temporary grass cover shall be planted on all bare soil
within 5 days ofground disturbing activities. Provided landolvners give permission, herbaceous
and woody shrub and tree vegetation will also be installed on the riverbank upon completion of
bank stabilization work During debris removal work, contractors will access debris f oin the
bank on which the debris is located. No heavy equipment will enter the stream channel to access
debris. If landolvners do not provide access agreements to pick up and haul away debris, the
debris on their riverbank properties will be left undisturbed. Mitchell County will provide a site
manager to routinely inspect and supervise contractor lvork to help ensure impact avoidance
instructions are being followed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic envirorunent 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 `'York in North Carolina, available at
http://h2o.enr.state.ne.us/ncwet]ands/strmgide.litm1.
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 littp://h2o.enr.statc.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
I%. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Enviromnental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage will not change. Erosion acrd sedimentation prevention cord control will be
maintained throughout this project primarily through proper water nranagerrrent, construction
sequencing, proper staging and stockpiling of rnaterials, and the maintenance, at all times, of
suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other
potential sources of water pollution will not be stored in areas that could be flooded during this
project.
XII. Sewage Disposal (required by DWWQ)
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 lvork site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Z -1q-o_5
Applicant/Agent's gnature Date
(Agent's signature is valid oily if an authorization letter from the applicant is provided.)
TABLES
Table 1
Affected Parcel:
Cane Creek
DSR No. EWP (!,'12004-03
Mitchell County, North Carolina
ACCESS
MAP ID OWNER CITY STATE ZIP STEAMBANK DEBRIS REMOVAL AGREEMENT
STABILIZATION
OBTAINED?
3195 Leroy Ledford Bakersville NC 28705 O O yes
1745 Parnell Cook Bakersville NC 28705 O O yes
9292 Mitchell County Board of Education Bakersville NC 28706 O O pending
3021 Town of Bakersville Bakersville NC 28707 O yes
6707 Mitchell County Board of Education Bakersville NC 28708 O pending
2/16/2005
Table 2
Vegetative Plan
Cane Creel:
D5R No. E *VP N12004-03
Mitchell County, North Carolina
Seeding Mixture
Permanent (rates
as recommended
by seed mix
manufacturer or
320 stems per
acre for shrubs Temporary Seedbed Seeding/Planting
Area/ Description Season and trees) lb/acre Preparation Method Mulch Maintenance Notes
Cool/moderate temperatures;
All disturbed areas to be seeded Annual (Winter) successful in a variety of moisture
immediate) following disturbance Winter, Fall, Earl Spring R earain 120 SP-1 Sit-I MU-1 NIA-1 re imes.
Areas expected to have higher shear
stresses, from bank full to edge of Annual (Winter)
water Winter, Fall, Earl Spring Rvegrain 120 SP-2 SM-1 b1U-I MA-2
All disturbed areas to be seeded Gennatr Millet
immediate) following disturbance Spring, summer (brown top) 50 SP-1 SM-1 MU-1 MA-1 Wann/moderate tem eramres
All disturbed/near bank areas to be
seeded/planted following site
construction; the following come in
varying combinations of native
FAC/FACW ass/herb seed mixtures Late Winter, Earl Spring, Late Fall Redto Millet SP-1 ShI-1 MU-I MA-1 Indicator status' FACW
Up to the wetted perimeter of the
chamiel Late Winter, Earl Spring, Late Fall Sedge(s) SP-1 SM-1 hIU-1 MA-1 FAC-FACW
Late Winter, Earl Spring, Late Fall Orchardgrass SP-1 SM-1 MU-1 MA-1 FACU
Late Winter, Earl Spring, Late Fall Deer Tongue SP-1 S1.1-1 MU-1 MA-1 FAC
Late Winter, Earl Spring, Late Fall Yarrow SP-1 SM-1 MU-1 MA-I FACU
Late Winter, Earl S nn , Late Fall Timothv SP-1 SM-1 MU-1 MA-I
I UPL
Late Winter, Earl Spring. Late Fall Queen-Annes-Lace SP-1 S114-1 MU-1 MA-1 UPL
Late Winter, Early Spring, Late Fall E3oneset SP-1 SM-1 MU-1 MA-1 FACW
2/16/2005
Page 1 of 2
Table 2
Vegetative Plan
Cane Creels
DSR No. ENVP M2004-03
Mitchell County, North Carolina
Seeding Mixture
Permanent (rates
as recommended
by seed mix
manufacturer or
320 stems per
acre for shrubs Temporary Seedbed Seeding/Planting
Area/ Description Season and trees) lb/acre Preparation Method Mulch Maintenance Notes
Shrub species to be planted along
baukfull bench and/or on bigh terrace
(depending on soils and indicator Transplant(s); Bare
status) following site construction Late Winter, Earl Spring, Late Fall Tae Alder SP-1 SM-2 or Sh1-3 MU-2 root FACW
Live stakes (anchor
erosion control
Late Winter, Earl Spring, Late Fall Silk Willow SP-1 SM-2 or SN1-3 NIU-2 marina) OBL
Late Winter, Earl Spring, Late Fall Great Laurel SP-1 SM-2 orSM-3 AtU-2 Live stakes/cuttings FAC
Late Winter, Earl Spring, Late Fall Elderberry SP-1 SM-2 or SM-3 NIU-2 Transplant(s) FACW
Tree species to be planted along
bankfiill bench and/or high terrace Transplant(s)/Bare
following site construction Late Winter, Earl Spring, Late Fall Maple SP-1 SM-2 or Sbl-3 NIU-2 roots/BNB FAC-FACW
Transplant(s)Bare
Late Winter, Earl Spring, Late Fall Birch SP-1 SM-2 or 5N1.3 MU-2 roots/BNB FAC-OBL
Transplant(s)Bare
Late Winter, Earl Spring, Late Fall Ash SP-1 SM-2 or SM-3 MU-2 roots/BNB FAC-FACW
Transplant(s)Bare
Late Winter, Early Spring, Late Fall Yellow Poplar SP-1 SM-2 or SM-3 MU-2 roots/BNB FACU
Transplant(s)/Bare
Late Winter, Earl Spring, Late Fall Black Cherry SP-1 SM-2 or SM-3 MU-2 roots/BNB FACU
Transplant(s)/Bare
Late Winter, Earl Spring, Late Fall Sycamore SP-1 SM-2 or SM-3 MU-2 roots/BNB FACW-
Transplant(syBare
Late Whiter, Early Spring, Late Fall Black Locust SPA SM-2 or SM-3 MU-2 rootsBN13 FACU-
2/16/2005 Page 2 of 2
FIGURES
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Figure 1
Site Location Map
Scale 1 inch = 2,000 feet
Cane Creek
DSR No. M2004-03
ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC. 828.281.3351
:-15-05
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DSR No. M2004-03 ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
Mitchell County, North Carolina www. altamontenvuonmental. com
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DSR No. M2004-03 ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC. 828.281.3351
Mitchell County, North Carolina www.altamontenvuonmental.com
02-15-05
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DSR No. M2004-03 50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC. 828.281.3351
Mitchell County, North Carolina www.altamontenvironmental.com
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Cane Creek Area 3 ENVIRONMENTAL
DSR No. M2004-03 ENGINEERING & HYDROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC. 828.281.3351
www.altamontenvironmenW.com
- - - - Mitchell County, North Carolina

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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
LAND QUALITY SECTION
EROSION AND SEDIMENTATION CONTROL PLAN CHECKLIST
The following items shall be incorporated with respect to specific site conditions, in an erosion and sedimentation control plan
LOCATION INFORMATION
_V Project location
_/' Roads, street
? North arrow
? Scale
Adjoining lakes, streams or other
major drainage ways
GENERAL SITE FEATURES
North arrow
"" Scale-
_/ Property line
, Legend
Existing contours
Proposed contours
? Limit and acreage of disturbed area
Planned and existing building locations
and elevations
Planned and existing road locations
and elevations
N16 Lot and/or building numbers
Land use of surrounding areas
I r4 A Rock outcrops
Seeps or springs
A Wetland limits
NI R Easements
Streams, lakes, ponds, drainage ways, dams
N A Boundaries of the total tract
If the same person conducts the land-disturbing
activity and any related borrow or waste activity,
the related borrow or waste activity shall
constitute part of the land-disturbing activity unless
the borrow or waste activity is regulated under the
Mining Act of 1971, or is a landfill regulated by the
Division of Solid Waste Management. If the land-
disturbing activity and any related borrow or waste
activity are not conducted by the same person, they
shall be considered separate land-disturbing activities
Stockpiled topsoil or subsoil location
Street profiles
SITE DRAINAGE FEATURES
Existing and planned drainage patterns (include off-
site areas that drain through project)
/ Size of Areas to be disturbed (Acreage)
N Size and location of culverts and sewers
Soils information (type, special characteristics)
Design calculations for peak discharges of runoff
(including the construction phase and final runoff
coefficients the site)
N ? Design calculations and construction details for
culverts and storm sewers
Revised 3/10/04
Design calculations cross sections and method of stabilization of
/ existing and planned channels (include temporary linings)
-'xt- Design calculations and construction details of energy
dissipators below culvert and storm sewer outlets (for rip-rap
aprons, include stone sizes (diameters and apron dimensions)
N Iq Soil information below culvert storm outlets
Design calculations and construction details to control ground-
water, i.e., seeps, high water table, etc.
I_ Names of receiving watercourse or name of municipal
operator (only where stormwater discharges are to occur)
EROSION CONTROL MEASURES
? Legend
? Location of temporary and permanent measures
Construction drawings and details for temporary and
/- permanent measures
N/ Design calculations for sediment basin and other measures
/? Maintenance requirements during construction
? Person responsible for maintenance during construction
ow Maintenance requirements and responsible person(s) of
permanent measures
VEGETATIVE STABILIZATION
Areas and acreage to be vegetatively stabilized
? Planned vegetation with details of plants, seed, mulch and
fertilizer
? Specifications for permanent and temporary vegetation
.V Method of soil preparation
NOTE: Should include provision for ground cover on exposed slopes within
15 working days or 30 calendar days following completion of any
phase of grading, permanent ground cover for all disturbed areas
within 15 working days or 90 calendar days (which- ever is shorter)
following completion of construction or development.
OTHER REQUIREMENTS
Narrative describing construction sequence (as needed)
Narrative describing the nature and purpose of the construction
activity
? Completed Financial Responsibility/Ownership Fonn (to be
signed by person financially responsible for project
>/ Bid specifications regarding erosion control
? Construction sequence related to sedimentation and erosion
control (include installation of critical measures prior to initiation
of the land-disturbing activity and removal of measures after areas
they serve have been permanently stabilized)
7.53