20050707 Ver 1_Complete File_20050426

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 29, 2005
DWQ Project # 05-0707
Mitchell County
Kathy Young, Mitchell County Clerk
Mitchell County Board of Commisioners
iqdministration Building 2
26 Crimson Laurel Circle
Bakersville, NC 28705
Subject Property: Grassy Creek EWP M2004-6
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 530 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 26, 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/ncvetlands
NorthCarolina
?/ ahuraliy
An Equal Oppcrtunit /Affirmatrie Action Employer- 50% Recycled/10% Post Consumer Paper
ivuicneu Lounty:
Page 2 of 6
April 29, 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 530 (feet) Grass 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.
Mitchell County:
Page 3 of 6
April 29, 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 04B.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.
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.
mitcnell county:
Page 4 of 6
April 29, 200
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 Guidelines for Riparian Buffer Restoration.
(http://h2o.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.
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.
LV&IL.,«L, %-UU«Ly:
Page 5 of 6
April 29, 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.
-111tlVll %-UU11IV.
Page 6 of 6
April 29, 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.
Sincerely,
Z7-1-
CL
Ian W. Klimek, P. E.
fAWKlkhb

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: 05-0707.EWP.MitchellCounty.GrassyCreek.Approval
MEMORANDUM
TO: John Dorney Regional Contact: Barnett. Kevin
Non-Discharge Branch WQ Supervisor: Roger Friwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Grassv Creek EWP M2004-6
Project Number 05 0707
Recvd From APP
Received Date 4/26/05 Recvd By Region
Project Type Stabilization
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NW37 Stream O ?' O N ? 7-2-40 _T _R 30,406. 530.0(
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ®O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y @ N
Is Mitigation required? O Y ON Recommendation: O Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 355238 Longitude (ddmmss) 820312
Comments:
Issued - ARO - KHB - 05/10/2005
County Mitchell
County2
Region Asheville
cc: Regional Office
Page
Central Office Number ?1
?,JGL o S'V `7 0
Mr. Steve Chapin MAY 5 2005
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208 DENR. WATER QUALITY
Asheville, North Carolina 28801-5006 WETIANDS AND STORMWATER VOCH
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
April 25, 2005 p@[101612 N
SUBJECT: Mitchell County, 404 Nationwide Permit Applications (NWP 37) C-? C) S 0 1 0
Emergency Watershed Protection (EWP), Beaver Creek, EWP 2004-17 and
Grassy Creek, EWP 2004-06, Mitchell County
L oS o? 0`7
Dear Mr. Chapin:
Altamont Environmental, Inc., on behalf of Mitchell County requested a letter of concurrence from
the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit from the U.S.
Army Corps of Engineers. We reviewed the application and are familiar with the project area. Our
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466
et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
According to the applications approximately 70 feet (two sites) on Beaver Creek and Hanging Rock
Branch and 530 feet (five sites) will be impacted for EWP work on Grassy Creek. Stream bank
stabilization, channel realignment, and debris removal are proposed Most of the work would be
completed in dry work areas to minimize sediment transport to downstream waters.
Beaver Creek is classified C-Trout by the Division of Water Quality (DWQ). Grassy Creek is
Hatchery Supported Designated Public Mountain Trout Water and classified as C-Trout by DWQ.
Wild rainbow trout are known for both streams. Federally listed endangered or threatened species are
not indicated to be present in these areas as noted by the US Fish and Wildlife Service in previous
EWP documents.
The Commission is concerned about aquatic resources in this drainage and supports efforts to reduce
stream bank erosion. However, we are also concerned about the potential short-term, adverse effects
of stabilization projects and the need for protective measures that promote their long-term
effectiveness. Much of the stream damage that occurred in the mountain region from the flood events
last fall was in areas where stream-side vegetation was absent or diminished. Therefore, Commission
biologists strongly encourage the restoration of vegetated zones along EWP repair sites as described
in the following recommended conditions; as well as the permanent protection of these zones with
either conservation easements or deed amendments. We believe that these efforts are appropriate
since the EWP projects are publicly funded. In addition, the Commission can concur with the
issuance of a 404 Permit for the project provided the following non prioritized conditions, which we
feel will help reduce adverse effects on resources and improve the stream stabilizations, are attached
to the permit and implemented:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]
Mitchell County EWP Page 2 April, 25, 2005
Beaver Creek & Grassy Creek basins
1. Stringent erosion control measures should be installed where soil is disturbed and maintained
until project completion. Sediment and erosion control measures shall adhere to the design
standards for sensitive watersheds (15A NCAC 4B .0124) especially above known state and
federal listed species habitats.
2. Only emergency exigency sites should be accomplished during a trout moratorium period.
Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during
the rainbow trout spawning season of January 1 through April 15 to protect the egg and fry
stages of trout.
3. 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 areas exposed to further storm events. Erosion control matting
should be used in conjunction with appropriate seeding on disturbed soils in steep slope and
riparian areas. Matting should be secured in place with staples, stakes, or, wherever possible,
live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
Because of difficulty in establishing ground cover during colder months, 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.
4. 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 realigned stream channel reaches to improve channel
stability and aquatic habitat. Any 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.
5. Channels should be restored to more stable and natural conditions. However, under no
circumstances should river rock, sand or other materials be dredged from the stream channels
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
armoring. In stream dredging has catastrophic effects on aquatic life and disturbance of the
natural form of the stream channel can cause downstream erosion problems. The natural
dimension, pattern, and profile of the stream upstream and downstream of the permitted areas
should not be modified by widening the stream channel or changing its depth.
6. 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 should
not be constructed because they block the floodplain, constrict and accelerate flood flows,
and often erode and impede drainage during large flood events.
7. 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 and rock debris removals should be constructed by
excavating from downstream to upstream before reconnecting to stream flow at the upper end
of the site.
I i
Mitchell County EWP Page 3 April 25, 2005
Beaver Creek & Grassy Creek basins
8. 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 channels must be clean, new or low hour equipment.
9. Disturbed stream banks and a twenty-foot (25) vegetated zone, or the widest width practical,
should be restored where possible along the repair sites to natural riparian conditions with
native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky
willow, tag alder, black willow, sycamore) in order to provide long-term bank stability and
stream shading. Note, silky dogwood, silky willow and black willow can be planted as live
stakes collected during the dormant growing season. Cuttings should be randomly planted on
four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on
ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with
a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or
other grain.
10. In order to restore aquatic functions that were diminished or lost during recent flood events,
project design and construction activities should not arbitrarily exclude the installation of
bioengineering devices like j-hooks, rock vanes and/or rock weirs using state-of-the-art
natural channel design techniques where such structures will restore stability as well as
restore fish holding habitats and channel structure.
11. Instream work in areas supporting listed threatened or endangered species must be
coordinated with the US Fish and Wildlife Service.
Thank you for the opportunity to review and comment on\this project. Pending availability of
field staff, the Commission may inspect the work site during or after construction. If there are
any questions regarding these comments, please contact me at 336-769-WILD (9453).
Sincerely.
Ilve
Ron Linville
Regional Coordinator
Habitat Conservation Program
Ec: Kevin Barnett, Division of Water Quality, Asheville
Triage Check List
Date: 4/27/05 Project Name: Grassy Creek EWP M2004-6
DWQ#: 05-0707
Kevin Barnett, Asheville Regional Office County: Mitchell
To: 60-day Processing Time: 4/26/05 to 6/24/05

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!
?R@R? urdg
APR 2 ? 2005
Office Use Only: QE,'VR -WATER QUALITY Fonn Version May 2002
t'?'ETU;NDS F?'D STOR' ;'rtil?7ER BRAt+Cy O :? O 7 V
USACE Action ID No. DWQ No.
k.. u11y Pa111tu1u1 11c111 15 nUt appncaDle to this project, piease enter "Not Applicable" or "N/A".)
I. Processing
r
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Pennit 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 Clerk to the Board of Coininissioners
Mailing Address: Administration Building, Suite 2
26 Crimson Laurel Circle
Bakersville, North Carolina 28705
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: Altarnont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sryman@altamofitenvironmental. coin
1
,
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Grassy Creek EWP M2004-06
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: Mitchell County Nearest Town: Spruce Pine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Burnsville, follow NC
Highway 19E to Spruce Pine. Turn right on NC Highway 226 South. Follow Highway 226
south for approximately 1.2 miles. At this point Grassy Creek begins to parallel the highway,
while a golf course is located on the right side of the road. This is the lower end of the
project area. The remainder of the project area, can be reached by continuing south on 19E,
which parallels Grassy Creek. See attached Figure 1.
5. Site coordinates, if available (UTM or Lat/Long): 35° 52' 38.95" N/82° 03' 12.48" 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 I
7. Nearest body of water (stream/river/sound/ocean/lake): Grassy 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/.)
2
9. 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 mixed commercial,
institutional, residential and agricultural uses. Portions of Grassy Creek were heavily
impacted during Tropical Storms Frances and Ivan. In numerous locations, the stream is
clogged with wood, mineral, and non-native debris, reducing the hydraulic capacity of the
channel. Additionally, several areas of streanibank erosion threaten the stability of adjacent
properties and structures, including road and bridges.
10. Describe the overall project in detail, including the type of equipment to be used:
The exigency EIVP project area known as DSR No. M2004-06 is addressed by this permit
application. The project area consists of Grassy Creek and its tributaries. The five work sites
included in this PCN are separated from each other by a minimum of 2, 000 feet, except for sites
3 and 4, which are approximately 300 feet apart. Because of their proximity, sites 3 and 4 will
be considered a single unit. Because the other three sites are widely separated from each other,
each will be considered a separate unit. The total combined disturbed area of sites 3 and 4 is
approximately 0.8 acres. Disturbed area of each of the other sites (units) ranges from 0.1 to
0.2 acres. Since the total disturbed area of each unit is less than the Erosion and Sediment
Control Plan permitting threshold of 1 acre, formal approval of the Erosion and Sediment
Control Plan elements of this proposal is not required.
Grassy Creek is classified as `Class C' and `Trout' waters throughout the project area.
The following activities are proposed in the project area:
1) Five distinct areas in need of stream bank stabilization have been identified, totaling
approximately 530 linear feet. High water flow has severely eroded stream banks in these
areas. In places, the riverbanks are over-steepened and very unstable, threatening roads,
utilitypoles, driveways and property. Repairs in the areas will involve the following:
• Stabilize the channel in its post flood configuration using organic and rock structures
• Stabilize the riverbanks by removing unstable vegetation, placing large angular stone at
the toe of the slope to an elevation just above the water level, backfilling behind and
above the stone with rocky debris removed from the floodplain or imported to the site,
topping with planting media and planting native vegetation.
2) Removal of organic, mineral, and non-native material from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves
3) Softening of minor over-steepened banks and riparian planting.
Fork will include: stream bank stabilization in several areas described below. Equipment
used to accomplish the above tasks includes: rubber tired skidders, 15 ton dump truck,
hydraulic track mounted excavator with thumb, and chainsaws.
The general location of the 5 stream bank repair areas is provided in Figure 2. Representative
photos from the five areas are included as Figures 3 through 7. Repairs for each of the five
areas are detailed in Figures 3A through 7A.
Stream Bank Stabilization
Strewn bank stabilization is needed on approximately 530 feet of banks within the project area.
Stabilization is required at the seven distinct locations shown in Figure 2.
Repair at each of the five 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 and/or coir logs
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 and/or coir logs will be backfilled with rocky debris material
excavated fi°om the floodplain or imported material, and topsoil will be placed on the top of the
reconstructed bank to aid in the establishment of vegetation. Where sufficient space is
available, a bankfull bench will be constructed in the fill area to increase hydraulic capacity
and enhance 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. Stabilization work will
generally involve only one side of the stream, except for repair Area 4, a straight reach where
both banks are eroding.
Work will be performed fi°om the riverbank to the extent possible. In some locations, work will
occur in the dry above the normal water 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 deflect
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 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.
On September 29, 2004, in anticipation of upcoming work under the EWP Program, the Board
of Commissioners of Mitchell Countypassed a resolution authorizing access to private land in
order to conduct EWP repairs. For this reason, individual Access Agreements are not
necessary for the workproposed in this PCN. A copy of the resolution is attached to this
application. A summary ofproperty owners is included as Table 1.
At each work site, work shall proceed from downstream to upstream to reduce sedirment
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. Construct temporary construction entrancelexits where necessary.
4. Install sediment fence around staging areas.
5. At the end of each workday install erosion control matting on exposed soil using removable
stakes. Erosion control mats will be constructed of coin fiber or a coir 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.
6. During construction, place large boulders at the toe of repaired streambanks where
necessary.
Z Fill and compact behind boulders. Cover with topsoil, install erosion control mat, and seed.
8. Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the EWP 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 and possible loss ofproperty or life. Because natural channel
design methods are beyond the scope of the ETVP 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 streambazk stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. 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 streambatrk stabilization. Filter cloth will be placed behind large rock used for stream
bank stabilization or for in-strewn structures to minimize sediment loading to the strewn. Root-
wads will be installed so that at least 113 of the root is inundated during normal flows.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native floodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure batik stability. Furthermore, sod matting will be grubbed on-site and used
(when 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 EC fabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally 15-201bs/acre depending on species. Native shrub and tree species will be
planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and
providitrg future shading to the channel. Existing woody vegetation will be preserved to
minimize project impacts. The following steps will be observed with respect to vegetation:
1. Exposed soil will be covered with erosion control matting at the end of every workday.
Mats will be secured using removable stakes.
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. All disturbed areas will be seeded with a temporary
native grass mixture immediately 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 areas.
3. When possible sod will be taken front adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate 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.
6. Woody vegetation will be planted during the normal growing season assuming landowner
permission.
11. Explain the purpose of the proposed work:
The work being described is exigency work under the Emergency Watershed Protection program
to protect existing property and structures. Streanzbank stabilization will also prevent further
erosion and sedimentation to the Grassy Creek and North Toe River resource.
IV. Prior Project History
If jurisdictional determinations and/or perniits 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
6
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 sheet.
1. Provide a written description of the proposed impacts:
Proposed impacts include stream bank stabilization. Precautions will be taken to keep heavy
equipment out of the stream channel except where absolutely necessary to install bank
stabilization measures. Mork 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**
(es/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:/Avww.fema* P-ov.
* * * List a wetland type that best describes %vetland 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 Average Width
Site Number (see Type of Impact* Impact Stream
Name** of Stream
Before Impact Perennial or
Intermittent?
Figure 2) (linear feet) (ft)
Area 1 (Figure 3) Streambank Stabilization 30 Grassy Creek 22 Perennial
Area 2 (Figure 4) Streambank Stabilization 150 Grassy Creek 18 Perennial
Area 3 (Figure 5) Streambank Stabilization 100 Grassy Creek 15 Perennial
Area 4 (Figure 6) Streambank Stabilization 210 Grassy Creek 15 Perennial
Area 5 (Figure 7) Streambank Stabilization 40 UT Grassy
Creek 4 Perennial
* 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.usgs.gov. Several imcmet 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: 530 linear feet
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)
Type of ltnpact* Area of
Impact
(acres) Name of Waterbody

(if 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/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.
On behalf of Mitchell County, Altanont ivill provide contractors engaged in the innplennentation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streanbank stabilization and
stream relocation ivork except where absolutely necessary to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allotiv for bank stabilization and debris n°ennoval sufficient to restore the
hydraulic capacity of the channel. Temporary grass cover shall be planted on all bare soil within
S days of cornnpletinng ground distznrbing activities. Provided landotivners give permission,
herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon
completion of bankstabilizationn work Mitchell County will provide a site manager to routinely
inspect and supervise contractor work 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 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.ei-ir.state.nc.us/ncwetlands/stri-ngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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://h2o.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
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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
(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 Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No N
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 213 .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 213.0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No N 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 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. 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 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 ? 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
12
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
411,
16,57-
Applicant/Agent's Sig aturc Date
(Agent's signature is valid on if an authorization letter from the applicant is provided.)
13
?a?Feb 17 05 04:50p
? P.1
v tt
Dam
MITCHELL COUNTY 451
26 CRIMSON LAUREL CIRCLE, Suite 1 E-mail: milctyGmitchell.main.nc.us
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
EWP 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
Table 1
Affected Parcels
Grassy Creek DSR No. M2004-06
Mitchell County, North Carolina
BANK
REPAIR
AREA
NO.

IN

WNER

DDRESS

ITY

TATE

IP

PARCEL SIZE
ACRES

STREAMBANK
STABILIZATION
1 0799-8579 Blaine Biddix 1147 Hwy 226 Spruce Pine NC 28777 9.95 x
1 0799-2741 Blaine Biddix 1147 Hwy 226 Spruce Pine NC 28777 12.01 x
1 0799-5644 Blaine Biddix 1147 Hwy 226 Spruce Pine NC 28777 13.50 x
_
1 0799-7937 Jack & Kaye Pitman 973 Carters Ridge Rd. Spruce Pine NC 28777 1.64 x
1 0799-4873 Lewis & AnnaLee Jarrett 1242 Sebastin CV Heathrow FL 32746 2.26 x
2 0798-9509 Helen Haberneck 405 Dale Rd. Spruce Pine NC 28777 10.78 x
2 0798-4756 Wade Hughes, Grassy Ck. Constru 610 Old NC 226 Spruce Pine NC 28777 26.20 x
3 0798-8124 Tommy & Donna Phillips TDP, L 13528 Hwy 226 Spruce Pine NC 28777 86.09 x
4 0798-8124 Tommy & Donna Phillips TDP, L 13528 Hwy 226 Spruce Pine NC 28777 86.09 x
5 0798-8179 Kathleen Etal Hughes 14428 Hwy 226 Spruce Pine NC 28777 0.60 x
LEGEND
0 Upstream extent of DSR
• Downstream extent of DSR

6
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Figure 1
Site Location Malt - - _ - -
Y ENGINEERING & HYDR0GEOLOGYI
DSR M2004 - 06 50 COLLEGE STREET, ASHEVILLE, NC 28801
Grassy Creek TEL. [phone] FAC. 828.281.3351
www.altamontenvironmental.com
Mitchell County, North Carolina 04-19-05
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Figure 2
Areas # 1 - # 5
DSR M2004 - 06 INC.
Grassy Creek ENGINEERING & HYDROGEOLOGY
Mitchell County, North Carolina 50 COLLEGE STREET, AS[IEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
1000 0 1000 2000 3000 Feet www.altamontenvironmental.com
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STREAM STABILIZATION FIGURE
Al-TAMONTENVIRONMENTAL, IN('. Y MEASURES
50 COLLEGE STREET, ASHEVILL.E, NC 28801
TEL.[phone] FAC.828.281.3351 AREA
www.altamontmvironmenW.com
- - - '?--- GRASSY CREEK EWP M2004-06 3a
j PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC
DATE: 0 MITCHELL COUNTY
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Figure 4
Grassy Creek Area 2:
DSR No. M2004-06
Mitchell County, North Carolina
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
r

i
N IN E E R I N H Y R G 0 0 G Y
' 50 COLLEGE STREET, AsHEVILLE, NC 28801
TEL.[phone] FAC.828.281.3351
www.altmnontenvironmental.com
s,'-A PROJECT MANAGER: STu RYMAN NOT TO SCALE
CLIENT: MITCHELL COUNTY
STREAM STABILIZATION FIGURE
MEASURES
AREA 2 4a
GRASSY EWP M2004-06
MITCHELL COUNTY, NC

Figure 5
Grassy Creek Area 3:
DSR No. M2004-06
Mitchell County, North Carolina

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

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1 1' l M 71
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Figure 6
Grassy Creek Area 4:
DSR No. M2004-06
Mitchell County, North Carolina
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com

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51
AF FIGURE
STREAM STABILIZATION
N IN E R I N G do H Y 0 R 0 G E 0 L 0 G Y MEASURES
50 COLLEGE STREET, ASHEVILLE, NC 28801
- , TELww.a81.3350 iron FAC828.281.3351
' www.altamontenvironmcntal.co
AREA 4 6a
- GRASSY CREEK EWP M2004-06
PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC
t
i'A CLIENT: MITCHELL COUNTY
DATE: 04/19/05
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Figure 7
Grassy Creek Area 5:
DSR No. M2004-06
Mitchell County, North Carolina
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
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GRASSY CREEK EWP M2004-06
PROJECT MANAGER: STu RYMAN NOT TO SCALE MITCHELL COUNTY, NC
CLIENT: MITCHELL COUNTY
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[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
From: Cyndi Karoly <cyndi. karoly@ncmail. net>
Date: Wed, 16 Mar 2005 15:58:57 -0500
To: Laurie J Dennison <[e-mail]>
fyi - so please note that fees are waived when you create these files - perhaps a
brief handwritten note in the file jacket, or we can add a copy of this message
Subject: [Fwd: [Fwd: STream Clearing Activities]]
From: Tom Reeder <[e-mail]>
Date: Wed, 16 Mar 2005 15:43:18 -0500
To: Cyndi Karoly <cyndi.karo ly@ncmail. net>
Cyndi - In answer to your question yesterday it appears that the fees are being
waived for the EWP associated 401s.
Subject: [Fwd: STream Clearing Activities]
From: Alan Klimek <[e-mail]>
Date: Wed, 16 Mar 2005 15:37:40 -0500
To: Tom Reeder <[e-mail]>
Yes, the fees are being waived. See attachment.
Alan
------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <[e-mail]>
Organization:NC DENR
To:Alan Klimek <Alan.Klimelc(cDncmail.net>, Jim Simons <Jim.Simonsnncmail.net>,
David Vogel <David.Vogel@,ncmail.net>
CC:Johanna Reese <Joharma.Reesepncmai 1. net>, Nann Guthrie
<Nann.Guthriegncmail.net>
`All: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday. We will hand-deliver a memo containing the same
basic information to the mountain area legislators tomorrow. We are
also working with the Governor's Office on a news release; I am not sure
how soon that will go out. Give me a call if you have any questions.
Thanks for working toward getting meetings set up. Robin.
1 of 2 3/17/2005 6:46 AM
[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Robin W. Smith <robin.w.smith cpncmai1.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR
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[Fwd: [Fwd: STream Clearing Activities]]';:
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EWP letter to counties.doc' j
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Stream-Clearing Activities-Idoc
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3/17/2005 6:46 AM
I
February 25, 2005
Page 1 of 2
February 25, 2005
RE: Emergency Watershed Protection Stream-Clearing Projects
Dear
I know that County experienced stream damage as a result of the fall
hurricanes. Our department would like to work closely with your county to insure that
stream restoration projects receiving state and federal funds under the Emergency
Watershed Protection (EWP) program move as smoothly as possible through the
environmental review and permitting process. I have enclosed for your information a
brief summary of the types of permits and approvals that may be required for these
projects. For projects that involve work directly affecting the streambed, the United
States Army Corps of Engineers will be the primary environmental permitting agency.
For those projects, our staff in the Division of Water Quality and the Division of Land
Resources play a supporting role and issue related state approvals.
I have asked our staff to meet with all of the western counties, either individually or in
small groups, to talk about each county's proposed stream restoration projects and answer
your questions about permit requirements. Our staff will ask the Corps of Engineers and
Soil and Water Conservation staff to join in those meetings in an effort to put together a
plan of action for reviewing and approving stream restoration projects as quickly as
possible. You should receive a telephone call from DENR staff soon to talk about a date
and time that would be convenient to meet and talk about your projects.
I have also directed our staff to waive fees for state water quality certifications (under
Section 401 of the Clean Water Act) and for approval of erosion and sedimentation
February 25, 2005
Page 2 of 2
control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP permit s requested by September 1, 2005.
I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. If we can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information sheet also provides contact information for DENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.
Sincerely,
William G. Ross, Jr.