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HomeMy WebLinkAbout20050765 Ver 1_Complete File_20050503/atauga County EWP 401 Authorizations Subject: Watauga County EWP 401 Authorizations From: Daryl Lamb <Daryl.Lamb@ncmail.net> Date: Wed, 25 May 2005 15:13:53 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Laurie J Dennison <Lauri e.J.Dennison@ncmail.net> Ian and Laurie, The following 401 authorizations have been issued by WSRO effective 05/20/2005. All of these authorizations are for use of WQC# 3367 in conjunction with the USACE's NW 37. These are all Emergency Watershed Protection (EWP) projects in Watauga County being conducted by the Watauga Soil & Water Conservation District (MRCS). DWQ#'s 05-0759, 05-0760, 05-0761, 05-0762, 05-0763, 05-0764, 05-0765, 05-0766, 05-0767, 05-0768, 05-0769, 05-0770, 05-0771, 05-0772, 05-0773, 05-0774, 05-0775, 05-0776, 05-0777, 05-0778, 05-0779, 05-0780, 05-0781, 05-0782, 05-0783, 05-0784. I have attached a copy of DWQ# 05-0759 as an example since all of the above authorizations are identical except for the stream, location, and length of impact. Hard copies are being sent for the Wetlands/401 Central Office files. Best regards, Daryl Lamb Daryl Lamb NC DENR Winston-Salem Regional Office Division of Water Quality Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 293 FAX: (336) 771-4630 Daryl Lamb <Daryl.Lamb(a),NCmail.net> WSRO NC DENR Content-Type: application/msword ..'050759 doc Content-Encoding: base64 1 of 1 5/25/2005 3:39 PM Triage Check Dist Date: 5110105 Project Name: DSR #LLC 4,5,7 DWQ#: 05-0765 County: Watauga Daryl Lamb, Winston-Salem Regional Office To: 60-day processing time: 5/3/05 7/1/05 From: Cyndi Karoly Telephone : (919) 733-9721 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! MAY 3 2005 Office Use Only: DENR- „ M- 1=p: DS104491ATER Form Version May 2002 USACE Action ID No. DWQ No. (ht any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: N Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 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: Mailing Address: Telephone Number: Fax Number: Name of project: DSR # LLC 4,5,7 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Derek Goddard Company Affiliation: Watau.Qa Soil and Water Conservation District Mailing Address: 971 West King Street Boone, NC 28607 Telephone Number: 828-264-0842 Fax Number: 828-264-3857 Page 5 of 12 E-mail Address: derek.goddard(a,nc.nacdnet.net 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:_ DSR # LLC 4,5,7 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Watauga Nearest Town: Boone Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): Laurel Creek Rd from 321N to h i_g h w a t e r b r i d g e 5. Site coordinates, if available (UTM or Lat/Long): W 81 51' 44.9" N 36 14' 55.4" (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): NA Linear Project 7. Nearest body of water (stream/river/sound/ocean/lake): Laurel Creek 8. River Basin: Watauga (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Agricultural, Residential, Forest Land Page 6 of 12 10. Describe the overall project in detail, including the type of equipment .to be used: Establishment of herbaceous vegetation. Rocky and woody stream debris removed. 11. Explain the purpose of the proposed work: To protect structures and life. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so,, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A 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. Page 7 of 12 1. Provide a written description of the proposed impacts: Impact of 1500 feet of stream to return channel to original location and to stabilize stream banks 2. Individually list wetland impacts below: 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*** none * 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://w,?vNv.fema.eov. *** 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: 0 Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 1 Stabilization 1500 Laurel Creek loft 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 wwwamis.£ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1500 Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wate) (if applicable) Type of Waterbody (lake, pond, estuary, sound bay, ocean, etc. none 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. All precautions will be taken to reduce and avoid impacts such as care ingress and egress as well as erosion control methods. 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. Page 9 of 12 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://li2o.enr.state.nc.us/ncwetlands/stmigide.11tm1. 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 (919) 733-5208 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/wg2/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 Page 10 of 12 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .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. Page 11 of 12 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. N/A 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. N/A 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. N/A XII1. 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). Exigency site that threatens home. 2_0 -os Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 y/fir 1 w? ..t =a ,.,t ? ... _..?.'.i# ?- ? y ., ; r • y `,?. ?' ;??' ?;;, ?..,?- .` ????. ,.: ,? ? \.i :.y? J r ?? ?,., . + ''t?, _.?. .?-'. ?.^ :11 -"? ? ,u,, .. ??,;: ate' i _ _ ? _ ?? ?? 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AREA c \ I C F ^7 i L ?I 28691 ?. ?N I 9a fA F1; ? s IL .P ° I s? olsr• ? 1 I ee U R%`?- -- '- - ... ? rr s ?. 1 _ ? - I ? ? 1 a _ - 1 ? \ n rr: - hJt -OWN 3 ?s%`•_ MATHEY I I FUND LV -. __.. / i v P C?CSSJREE<ra '4 rCU ti-? , Z. IMa:E SNITN RD I/ EG':q Ce'.'Ei ?. CLZI N E, K I ?I ?'_P I G s-s;+v GE' Hlll nJ W4rl S.C iiH / 194 tifs I ?- y ??``SP° I ? Y?.ae M:JF:Kr+vLV ` Location of Watauga Count q I WW J IV//// $?L in North Carolina 4- C, 1 -• - - ? r... MDLI - r;F P.G. \ 6 N o'? f•?C L _............_.._ UNITED STATES rs DEPARTMENT OF THE INT R GEOLOGICAL S EY 81'52'30• "220M,E 423 36' 15' 424 =`i ` ? --_?•??. a /'^'": ?' ,_...,?' ?,? • , .???./.."?/?. ?.-?• . / ?'. ce- .?`??=` ?y ice" - _? i ?,;? ,-' ?.-`.. ?=?' j? \•? ? ? ?i-- ??. % .?` '71i j r. i - Pine H' t ij. • • _ r : _ v :a% ,?+.'t `J is, Ce..' 1 e Q; / >\ :' 4010 ' - ?Y - e• Gr l.? ke, , :. a?.•l, +Llti'?,'o1 v ? I?u. 1'?? a 7i?•/ ,-.-r•'•' \ -\ I.. -\ ' `p•\? W1? ?l?. /-'? ,? ?In ? ??_ ?; )1'? .+ .. ,mac' 1 ?\t??? ?' `J ?• _^J?1 1':\\l? ,`„?+a?':? ?-? \\ ?)> ?I441a ' // .rC r .I i \?? ?I. ? l Lo (.00 1 Romiage -,'V1-`!'. r/?. %r. //'?'?`•??.^ , i \'. isli-- t1 M"F'ss?; ?.?I• .. 66 r. , if, ?_ `\` \ . ? \ e s as ,\\ •\, I 1 , . ? `\'?i?i ,!?•? Q ??. ` . nu OL ``r' •>\?? ? •::.:-rte 7---,?.. ? .:: ??, -- , - ?\ 12'30' '' ?1? \',???, .\ ` ??'l' ?; ! ;?• 4-01 % . ?\? )?/ ? /..?' --,' ??/^ ?• ? '; '`? • ?' ?I-•-.Rock K ? ." . -.. ` ?a\ i - \ \ ? i?; \ ',•%- •4- ' .rte ' LLC4,5,7 1952-61-4091-000 17.7080 BALSLEY, LORI RUSSAK 1023 LAUREL CREEK RD SUGAR GROVE, NC 28679 X LLC4,5,7 1952-71-2819-000 0.1800 CAMPBELL, LINDA K LAZORIK, WAYNE R 568 LAUREL CREEK ROAD SUGAR GROVE, NC 28679 X LLC4,5,7 1952-72-6169-000 13.6800 CAMPBELL, LINDA K LAZORIK, WAYNE R 568 LAUREL CREEK ROAD SUGAR GROVE, NC 28679 X LLC4,5,7 1952-71-2544-000 2.0600 DUGAN, MARTIN AND SARAH 711 LAUREL CREEK ROAD SUGAR GROVE, NC 286799512 X LLC4,5,7 1952-51-9402-000 0.5540 ELLIS, BETTY A 1005 LAUREL CREEK RD SUGAR GROVE, NC 28679 X LLC4,5,7 1952-51-3438-000 14.0200 FRICK, LARRY R FRICK, ELIZABETH C 2626 LORI LANE CHARLOTTE, NC 28226 X LLC4,5,7 1952-82-7936-000 8.0000 GREENE, MELANIE WARD GREENE, RONALD 220 KALMIA LANE BOONE, NC 28607 X LLC4,5,7 1952-61-8878-000 1.0700 HAGAMAN, MARK L. 339 ED WILLIAMS RD ZIONVILLE, NC 28698 X LLC4,5,7 1951-59-7781-000 8.9100 HARMON, BOBBIE RAY 110 MEMORY TREE LANE SUGAR GROVE, NC 286799334 X LLC4,5,7 1951-59-7781-000 8.9100 HARMON, BOBBIE RAY 110 MEMORY TREE LANE SUGAR GROVE, NC 286799334 X LLC4,5,7 1951-69-3501-000 6.9100 HARMON, IDA MARIE 405 JIMMY BILLINGS RD VILAS, NC 286928335 X LLC4,57 1952-61-9557-000 0.9300 HICKS, JERRY LEE 977 YATES RD DENTON, NC 27239 X LLC4,5,7 1952-62-1224-000 18.5700 JOHNSON, CARL A AND LAURA 822 LAUREL CREEK RD SUGAR GROVE, NC 286799513 X LLC4,5,7 1951-77-6232-000 5.5900 MCCAIN, ROBERT SCOTT MCCAIN, MARION 252 COUNTY RD 355 MARION JUNCTION, AL 36759 X LLC4,5,7 1952-61-1425-000 0.9200 MCCORMICK, WILLIAM H MCCORMICK, LIN 3621 SUNFISH ST MURRELLS INLET, SC 29576 X LLC4,57 1952-51-9830-000 5.5900 MOORE, ROBERT MARVIN JR 138 MOUNTAIN SPRINGS SUGAR GROVE, NC 286799330 X LLC4,5,7 1951-76-5984-000 3.0600 PRESNELL, RICHARD V 434 DIAMOND RANCH RD BOONE, NC 28607-8361 X LLC4,57 1951-76-8745-000 3.0600 PUGLIESE, CARL A JR BALDYGA, LINDA 146 NORTHEAST 102ND ST OKEECHEBEE, FL 34927 X LLC4,5,7 1951-76-8745-000 3.0600 PUGLIESE, CARL A JR BALDYGA, LINDA 146 NORTHEAST 102ND ST OKEECHEBEE, FL 34927 X LLC4,5,7 1952-50-2479-000 32.4800 SCHLAGAL, JOY 1158 LAUREL CREEK RD SUGAR GROVE, NC 28679 X LLC4,5,7 1951-68-4963-000 13.6500 SKINNER, BEVERLY B 1472 LAUREL CR. RD SUGAR GROVE, NC 28679 X LLC4,5,7 1952-71-1509-000 1.8800 SPENCER, MATTHEW D SPENCER, REGAN D 1516 EAGLEVALE RD DURHAM, NC 27701 X LLC4,5,7 1951-76-4544-000 1.5000 WAGNER, JUNE M 102 DACUS DR WILLIAMSTON, SC 29697 X LLC4,57 1951-77-4598-000 8.9600 WELLS, GENE T AND PATRICIA 4508 BARTLETT DR RALEIGH, NC 2 X LLC4,5,7 1951-77-2046-0001 1.0000 WHEELER, LORYKAY WINIFRED SANDERFER 323 SHORELINE DR RAEFORD, NC 28376 X LLC4,5,7 1951-77-2046-0001 1.0000 WHEELER, LORYKAY WINIFRED SANDERFER 323 SHORELINE DR RAEFORD, NC 28376 X LLC4,57 1951-58-9245-0001 50.0000 WHEELER, LORYKAY WINIFRED SANDERFER 323 SHORELINE DR RAEFORD, NC 28376 X LLC4,5,7 1952-51-8103-0001 5.5900 WILLIAMS, DIANE 223 MTN SPRINGS RD SUGAR GROVE, NC 28679 X LL( -1-11 ?-,-4-- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. < ?. Name (please print) ?.- G f R u- S S klC L S Mailing Address (please print) ID 13 t'p 5L Ceti ?? ? Phone Number 97 c!? v Si,, nature ?a-'-LZ? c? - Date Name (please print) L Mailing Address lease print) Phone Number Signature Date bLQLt 5-7?- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) L a rr, le- r r «k- Mailin Address lease print U 2 & 2h Lore L-)- ? (fAarGryte, IV( ZS'L? f Name (please print) Mailing Address (please print) Phone Number », Sianature 5 -o S? U?C.I ;i..LC2?3 LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold- harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please printj 6 14 /? yr. a 2y Mailing Address (please print) o 'M J?- 6 f -t.. ?. ,(/ -yt ' Phone Number q-7 • L9-3 Signature Date !- 2 2 ad S? Name (please print) I ? ; u (A Q Q - - , 9-1-L ? rA? -1H 4y M1'56;1>/ 4Z4 j CN?2cN sP,cL5- A?nl r? N e ?? 0 L+ 1, V ; J 2 J, Mailing Address (please print) 65o1 .Qgn!f?LfK gkK 11!G aZ6ac1- -- ALL Li ?- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) '.3ET7-1 .t LIJ Mailing Address (please print) /mss /. Lg,;;C. FK nAD Phone Number Fab-a9y- /F-j-7 Name (please print) Mailing Address (please print) Phone Number Signature Date ?? 2005 L (-"I S LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) Name please print) /V1 , -,L, /.'/Y1?. The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. ne (please print) `7--)ak-`Ll-? ?. ? L,(!2 { r? ilin Address lease print 1 t?GZ (,CQe -71 me Number - A, Si ature ; Date A- oZ ?Z7? Mailing Address lease print) S C -Ln Phone Number ,2?' - (: (? 1 (?,?,, ?'c ?f.? J?d- to ALL LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. lease print) C 49l- ?vcC? c-f'C Mailing Address (please print) _PD d -1K 170c 3 Phone Number t?;, 3 Signature Date /`ate ` dl Name (please print) i n,//x,-' ;?/IC i "I, Mailing Address (please print) ber ?.? Signature Tate /-? -?? r LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) T2 Mailing Address (please print) Phone Number 09 7 ??V e6,277 ignature Date Name (please print) Mailing Address (please print) Phone Number Signature Date /ac-04d 60-eclc L.- LL 4?4 5-4 LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTe6TION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) J 5 C HLAC !4- L Mailin Address lease mint L ' co hfvt e/ ?ce. Y .?Ur'-'t T Si atur o Date - a S - 0 e- eIL Zoq{- L 3-a?2, wIK -7 0?{- 63q-3035 Name (please print) Mailing Address (please print) Phone Number Signature Date Lt- 6 ?s9- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. lease print) Mailing Address (please print) rI0 6fu -el r'e'p'16 X--2C;0(c=1 Phone Number ^ ( 533 a.q,7'yyS? Name (please print) M a4f &, <J Mailing Address (please print) U L41t, ?C / ?(,Ce/L Cv,!./ ? 0312, Phone Nut7i»,, (1?"(?17 Date X'/?? V 0115 LLC) 4 -" LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth i . herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print Mailing Address (please print) j0oQ Dacus br, Sc- a76G 17 Phone Number ?,4?6q) S-y7- `77& q _ r i.gnature Date 1-4 - D 5 Name (please print) Mailing Address (please print) Phone Number Signature Date ,+ ?'°ifr y 1,d") arT- I, LonC 4 J? ?sne l( Pd . 9,,,cr E ?l? !YC a??P?? L, L C, ??J`+ LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name lease print) e-e(- s i'h n -e- r Mailing Address (please print) 14 72 Lo-c- ? Cree- ( (Rd i -?y47 q Phone Number Ion g I -y r 1 Signature GJ Gc1:? Date 01- at- c15-- Name (please print) t` L t0,11V V- S k, i h h e- V Mailing Address (please print) 147. L uk r-e.? sc<c r 6avr- a8?e 7`? Phone Number& ? 5) Jq'7 - 41 4) Signature V Date 1 j ? S' J" ? 2 1 Zun7 ?LC LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) /15? ?Q Z I,??? It4l G Mailing Address lease print ) co Phone Number 91?1- 7;6 17- Si ature ,G - -?' Date Name (please print) J<' f l G' j? 4. /Zs Mailin Address ffilease rint f? J9 iJ Phone Number( -7 ?'Z 7Zc Si e?Pn &?J J1 J Date - -O 4 ?, L LC 4 LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. M Phone Number (ql0) V5X 7r? C?(1 Name lease print) 1)V y 1<WJ J • ? '?, As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. L,LC Z-1 ?5 -i- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name lease print) 3u Mc° r Mailing Address lease print) -2, e t4 S t/(° Phone Number Sienature ?.qJ W, Date Name (please print) Mailing Address (please print) Phone Number Signature Date v?? llb(L 14 53--- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. L_ This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the servic harmless and indemnify Watauga County Soil and Water Conservation District and herein from any and all damages, claims, resulting from said services. es referred to herein, the landowner agrees to hold Commissioners, Watauga County, Watauga County all their agents, servants and employees as set forth attorney's fees and any other costs and expenses Name (please print) Mailing Address (please print) Phone Number Signature Date int) .1V V la r> e ?7-re- -e ?? ?? 2005 Mailing Address (nlease print) ?? n chi -Pry,- '*, / r-, ?;, LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) L 1 C LL 5?' The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) . E d, A M 44 A A M c N 'L t Mailing Address (please print) V u 5 i i nn m v P? I i r! Y < i? c+ \I ? ?- As tVc i ; L Phone Number 9 7 (b 13. ; 7 Signature Date :7 -c S Name (please print) Mailing Address (please print) Phone Number Signature Date G-4 v Qe C C Jre e (C LL L S ?- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) V Mailing Address (please print) Ila lhe.*b6, 4ccfe GM Se w Phone Number 2 9 7- Z 45.-3 S Date /Z/ ZY Name (please print) Mailing Address (please print) Phone Number Signature Date LLG+i? LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) /X) c?/'% L ct Py1 Q' 1-) Mailing Address (please print) 339 Pd. lVr iczll?lYS Aa! Z,an v: /e Iye,2 -y- Phone Number Si y`? ?1S/3 Name (please print) Mailing Address (please print) Phone Number Signature Date F" bL(- U 4?? LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name lease print) To- r Y L , Hie k s• Mailing Address (please print) V -3 oc e-rS /? ?, G of'e A/ C, Phone Number :2 6 4 `- 6'J 13 Signature ????1•'u-? `?i Date Name (please print) Mailing Address (please print) Phone Number Signature Date L-LLZA S? LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) 5. 6161/VSIJ,U Mailing Address (please print) 922 .(l Phone Number 297-5673 Signature. ? Q• 60- - r7rU11)A- .I?ate //310SJ Name (please print) Mailing Address (please print) Phone Number Signature Date U C- L? 5?-- LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) 1r???''??Sc /e. ?-? Zo'?l?S' Mailing Address (please print) S6 `6 L???PL ?. eQ?E-JC' ?'?• swgN Go'Q- 2" Phone Number Cgs zq ?' 3s ?? Signature ?l/??`"? Date XL?° s Name (please print) L' d-a >?• Ca-''''? P b Mailing Address (please print) ?6 L?? G?r i t). n) mow. G,ex,? 2-nq? Phone Number ??z?) zy - 3 ti Date Yjbl o S LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. CC Name (please print) ?? 0 t21 J c-v ?c C? Mailing Address lease print) JAL / C a Phone Number Signature C, Date tv dJ Name lease print ) /mc Mailing Address lease print) ff! 7 41 ,- ,' /,q s C - ?-Y6 %.L Phone Number (k_ /-7- 1?d Signature Date &4e .X13 -)v o-?5J k; J ? ? R-eL C re.e (c LL C LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) I,4 i~ 1 Mailing Address (please print) ?77Y '->4-u. Phone Number Signature 1?,? ?. ?l t?,?,,, Date /?. -=OAF Name (please print) Mailing Address (please print) Phone Number Signature Date LLC LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. lease print) d ? erf " rn - (y) o ore , Name (please print) Mailing Address (please print) Phone Number Signature Date .. lJLL Mailing Address (please print) ?r?Ngs, Sc??,ar Ord u? LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP) 1. G 11 --:4- The undersigned landowners hereby grant permission to the Watauga County Commissioners, the Watauga County Soil and Water Conservation District and/or their agents to enter upon our land for the purpose of repairing the flood damage caused by the flash floods on September 8 and September 17, 2004 in Watauga County. We do further authorize those persons designated by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting Officer to act as agent on our behalf with regard to obtaining permits as required for the performance of repairs. This permit includes the right to spread soil, remove and dispose of debris, install needed measures, seed and mulch, and perform similar emergency watershed protection work necessitated by the floods of September 8 and September 17, 2004. This permit also includes the right of ingress and egress on the land for the purpose of maintaining the emergency works for the period of 1 year from the date of completion. Work areas covered by this permit are sketched on the reverse of this form. This permit does not provide confirmation that the subject site is eligible for Emergency Funds nor does it encumber funds for any repair work at this site. As part of the consideration for the services referred to herein, the landowner agrees to hold harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County Soil and Water Conservation District and all their agents, servants and employees as set forth herein from any and all damages, claims, attorney's fees and any other costs and expenses resulting from said services. Name (please print) k/4 lr C V A-' -c - / J Mailing Address (please print) q 1 ? ? s'J e ,e 9 ? CA 5 J-ek S. C, o?.ry,6 q? Phone Number (O q- q53- /- f?L -a"5-, Name (please print) Mailing Address (please print) Phone Number Si mature Date ?`?i•? 0 2005 r °. k f? ?il?li'1 ?v????^ S.: urine[ ..y..1 t? TYPICAL VIEW STREAM FLOW OBSTRUCTION POST FLOOD CONDITION Watauga EWP Practice Standard 3 ROCK DEBRIS IFAVAILABLE ON SITE or ROCK RIP RAP IN EXCESS OF 100lbs per stone Stream Channel Geotcxtile Fabric Filter Cloth Toed in minimum 1 foot each end Profile View Notes DEREK GODDARD, DISTRICT TECHNICIAN WATAUGA SOIL and WATER TYPICAL VIEW OBSTRUCTIONS REMOVED STREAM CAPACITY RESTORED i [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 <Laurie.J.Dennison@ncmail.net> 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 <tom.reeder@ncmail.net> Date: Wed, 16 Mar 2005 15:43:18 -0500 To: Cyndi Karoly <cyndi.karoly@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 <alan.klimek@ncmail.net> Date: Wed, 16 Mar 2005 15:37:40 -0500 To: Tom Reeder <Tom.Reeder@ncmail.net> 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" <robin.w.smith Pncmail.net> Organization:NC DENR To:Alan Klimek <Alan.Klimek0cncmail.net>, Jim Simons <Jim.Simonsnncmail.net>, David Vogel <David.Vogel(oDncmai1.net> CC:Johanna Reese <Johamia.Reese anncmail.net>, Nann Guthrie <Nann.Guthrie(cDnemail.net> r .$ `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]]] r Robin W. Smith <robin.w.smith(cvncmail. net> Assistant Secretary of Planning & Policy Office of the Secretary NC DENR Content-Type: message/rfc822 [Fwd: [Fwd: STream Clearing Activities]] Content-Encoding: 7bit [Fwd: STream Clearing Activities] Content-Type: message/rfc822 Content-Encoding: 7bit Content-Type: application/msword EWP letter to counties.doa i 11 Content-Encoding: base64 Content-Type: application/msword Stream-Clearing Activities-3.doc Content-Encoding: base64 2 of 2 3/17/2005 6:46 AM 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 (919) 715-4141. 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. t n North Carolina Wildlife Resources Commission 0 to: a.m.n - Os`0? U ?0'7 05_ 0 -7 0 03 a -T ?5?_ (i L ??? p 5 C) o ? 0 '7 G S? o ? J'L a 3 a ?? 53 o S d X73 0 506 ?, 0e- 4-7 e?l a S 0?-7 0' from: date tit 74 o.? 07-7 Z oS'o?79, op North Carolina Wildlife Resourc . _ 9 Richard B. Hamilton, Executive Dirccto D MAY 1 6 2005 May 10, 2005 DENR - WATER QUALITY C, r WZS AND STOROATER BRANCH Mr. Steve Chapin U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Watauga County Soil & Water Conservation District (WCSWCD) Emergency Work Projects (EWP) Sites: UW10-13, BF3, UCC1, LF1, BF2, CC34, MCI, SDCI, OW1, CJ2, UBCI, LBC, UW14, CC2, ULCI, LLC2-3, VC1, MMCI, CJ1, NFNR1, CLCI, UW2-5, HE1, LCOC2, ZV1, MG1, UW6-9, DCRE1 and LLC4,5,7, Watauga County Dear Mr. Chapin: WCSWCD, on behalf of the referenced private landowner sites is requesting concurrence from the North Carolina Wildlife Resources Commission (Commission) for twenty-six (26) 404 Permits from the U.S. Army Corps of Engineers. We reviewed the applications and are familiar with the project areas. 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). The bulk of the projects are indicated as necessary to stabilize hurricane damaged channels using a combination of techniques including riprap, debris removal and rock vanes. Some of the applications are not very specific as to the type of stabilization and work proposed. Most of the projects are very lengthy and deserve additional oversight. Fishery biologists are familiar with aquatic habitat conditions in Watauga County streams and are concerned with the large amount of stabilization activities proposed on some streams where conditions may or may not have significant hurricane or flood damage. Fishery biologists are very concerned about the indicated length and cumulative impacts of several of these projects. Impacts to Watauga County streams are indicated (in the same order as above reading the left column first) to be as follows: Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Watauga County EWP - Bulk Projects Page 2 May 10, 2005 Name of Stream Im acts roposed Name of Stream Impacts roposed Watauga River 5200 feet Vanderpool Creek 500 feet Brush Fork Creek 5000 feet Mood Mill Creek 500 feet Upper Cove Creek 5000 feet NF Sawyers Creek 2500 feet Laurel Fork Creek 500 feet Hoskin Fork New Rive 200 feet Brush Fork Creek 500 feet Clarks Creek 7000 feet Cove Creek 5000 feet Watauga River 5000 feet Meat Cam Creek 1500 feet Cove Creek 500 feet Valley Creek 500 feet Lower Crab Orchard 2000 feet Sawyer Creek 5000 feet Sharp Creek 2000 feet Baird's Creek 4100 feet Brushy Fork Creek 500 feet Watauga River 800 feet Watauga River 5300 feet Cove Creek 1500 feet Dutch Creek 6000 feet Laurel Creek 5200 feet Laurel Creek 1500 feet Based on discussions with Mr. Derek Goddard (May 5, 2005), work on these projects must be completed before September, 2005. All stream work will occur on streams supporting brown, brook and/or rainbow trout. These streams support healthy populations of wild trout. Some of these projects are located on tributaries of the Watauga River, which supports the green floater, Lasmigona subviridis (NCE, FSC). Exigencies and emergency work require prompt action. However, even on these, natural stream design techniques and materials should be used. All stream work should use best management practices during construction such as minimization of excavation in flowing water. Also, berm construction and excavation to below pre-storm bed channel contours should be avoided. The Commission is concerned about impacts to habitats for trout and other aquatic resources and supports efforts to reduce stream bank erosion. We are concerned about short-term 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 recent flood events was in areas where stream-side vegetation was absent or diminished. It appears that some of the affected areas did not have sufficient stream-side naturally forested buffers. Accordingly, Commission biologists strongly encourage the restoration of vegetated zones along EWP repair sites as described in the following recommended conditions and the use of permanent protective requirements on these areas with either conservation easements or deed amendments where possible. We feel that these long-term stabilization efforts and riparian protection measures are particularly important since the projects are publicly funded. The Commission will not object to the issuance of 404 Permits for these projects provided the following non-prioritized conditions, which we feel will reduce effects on resources and provide better stabilization and habitat benefits, are attached to the permit and implemented: 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 413 .0124) in and above known state and federal listed species habitats. Watauga County EWP - Bulk Projects Page 3 May 10, 2005 2. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning seasons of October 15 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 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. 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 one 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. Edging the area prior to backfilling can be used to separate waters from the work area. 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. Petroleum containment equipment should be readily available on the work site to contain any spills. 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 Watauga County EWP - Bulk Projects Page 4 May 10, 2005 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. Hard bank stabilization practices should be avoided whenever possible. Natural stream design restoration or bioen ing eering techniques must be maximized. In order to restore aquatic functions that were diminished or lost during recent flood events, project design and construction activities should not 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. Under no circumstances should streams be channelized or straightened. Alternative activities or unauthorized impacts to waters or wetlands must not occur. 12. Due to the large linear footage of most of these projects, efforts should be provided to minimize total disturbance and impacts. In addition, projects should be phased so that each portion of a project is completed and adequately stabilized prior to beginning another stream section. The area of work should be limited to a pre-specified linear footage at the discretion of regulatory agencies and as required pursuant to the NC Division of Land Resources (DLR) buffer requirements where applicable. Mr. Matt Gantt, Regional Engineer with DLR may be contacted at 336-771-4600 to discuss these buffer requirements. 13. histream Avork in or above areas supporting listed aquatic species must be coordinated Nvith the US Fish and Wildlife Service. These areas have been previously indicated during EWP pre-application processes. As state and federal funds are being expended for these activities. Nye recommend that fifty (50) foot naturally vegetated buffers or maximum available forested buffers be provided and permanently protected through deed restrictions. conservation easements or other enforceable methods. A minimum of the twenty-five (25) foot trout buffer Nvould be an improvement over grassed vegetation as firmly established, large woody root mass helps maintain long-term stream stability. Thank you for the opportunity to review and continent on this proiect. Pending availability of field staff. the Commission may inspect the work site during or after construction. If there are any questions regarding these continents. please contact me at 336-769-9453. Sincerely. Ron Linville Regional Coordinator Habitat Conservation Program Ec: Daryl Lamb, DWQ-WSRO Matt Gantt, DLR-WSRO oFWArF9 ?? OG r bin 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 May 20, 2005 DWQ# 05-0765 Watauga County Mr. Derek Goddard Watauga Soil and Water Conservation District 971 West King Street Boone, NC, 28607-3468 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Goddard: The Watauga Soil and Water Conservation District has our approval to conduct stream channel and bank stabilization and restoration activities, in accordance with the attached conditions, along a total of 1,500 linear feet of Laurel Creek located along Laurel Creek Road from U. S. Highway 321 south to the high-water bridge, near Rominger, in Watauga County, as described in your application received by the Division of Water Quality on May 3, 2005. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3367, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 37 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Amount Approved Plan Location or Reference Streams 1,500 linear feet Laurel Creek along Laurel Creek Road from U. S. 321 south to the high-water bridge, near Romin er, Watauga County 1v IiCarolina Al atura!!y North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:h2o enrstate.nc us/ncwetlands Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/101,6 Post Consumer Paper Mr. Derek Goddard Page 2, DWQ# 05-0765 May 20, 2005 2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance with the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ Classified trout waters). Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with the project. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. 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. 6. 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. i? 7. The channel must be restored to a more stable condition. However, under no circumstances should river Mr. Derek Goddard Page 3, DWQ# 05-0765 May 20, 2005 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. Streambed 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. 8. 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 slu-ub 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 streambed 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. 9. 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. 10. If mechanized equipment is utilized, it shall be operated from the bank whenever possible. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Any mechanized equipment used in the stream channel shall be clean and in proper working order. 11. 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/pdfibuffers.pd0. 12. The permittee shall 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. 13. The Permittee shall monitor 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 the success of any riparian zone plantings. A written report shall be provided to DWQ's Asheville Regional Office by June 1" 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 must provide a copy of this Water Quality Certification and attached authorization letter to each property owner where the approved work will be performed. 15. The turbidity standard of 10 NTU (Nephelometric Turbidity Units) shall not be exceeded in streams designated as trout waters, as described in 15 A NCAC 2B .0211(k). For streams not designated as trout waters, the turbidity standard of 50 NTU (Nephelometric Turbidity Units) shall not be exceeded, as Mr. Derek Goddard Page 4, DWQ# 05-0765 May 20, 2005 described in 15 A NCAC 2B .021l(k). Appropriate sediment and erosion control practices shall be used to ensure compliance with this standard. 16. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season from October 15`h through April 15`h to protect the egg and fry stages of trout. 17. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing all restored stream reaches. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, ZZ Alan W. Klimek, P.E. AWK/cdl Attachments cc: Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy