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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# 05-0780
Watauga County

Mr. Derek Goddard
Watauga Soil and Water Conservation District
971 West King Street
Boone, NC, 28607-3468

mm@muwm@

JUN 1 2005

APPROVAL of 401 'Vater Quality Certification with Additional Cond\f!AA~~~~s'AT~R QUALITY
TOKl,fWATER BRANCH
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 5,200 linear
feet of Laurel Creek, from Pipes Peak Road to 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
bc viewed on our web site at http://h20.enr.state.nc.us/ncwetlands.This Certification allows you to use
Nationwide Permit Numbcr 37 whcn it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable fcderal, state or local permits before you proceed with your project,
including (but not limited to) those required by Scdiment and Erosion Control, Non-Discharge, and Watcr
Supply Watershed regulations. Also, this approval will expire when thc accompanying 404 permit expires
unless otherwise specified in thc 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 rcquired to send us a new application for a
new certification. If thc 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 spccific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:

Streams

Amount A roved
5,200 lincar feet

Plan Location or Reference
Laurel Creek from Pipes Peak Road to
Romin er, Watauga Count

N6"rthCarolina
.Na/llml/!!

North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center
2321 Crabtree I31vd.
Customer Service Number: 1-877-623-6748

Raleigh, NC 27699-1650
Raleigh, NC 27604-2260

Phone [phone] FAX [phone]
Internet httpl/:h2o.enr.state.ne.us/ncwetlands

An Equal Opportunity/Aff:l111aUve AcUon Employer. - 50% RecyeledJ10% Post Consumer. Paper.

Mr. Derek Goddard
Page 2, DWQ# 05-0780
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
tec1miques 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.

7. The channel must be restored to a more stable condition. However, under no circumstances should river

\ Mr. Derek Goddard
Page 3, DWQ# 05-0780
May 20, 2005

rock, sand or other matcrials be dredged from the stream channel under authorization of this pcrmit
except, if necessary, in the immediate vicinity of the croding 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 unsuitablc 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 thc permitted area should not be modified by
widening the strcam channel or changing its depth.

8. Stabilization measures should only be applied on or ncar 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 streambcd materials are available. Bcrms 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 whcre possible. Sandbags or other
clean divcrsion structures should be us cd where possible to minimize excavation in flowing water.
Channcl realignments should be constructcd by excavating thc new channel from downstream to
upstream before connecting it to the old channel.

10. If mechanized equipment is utilized, it shall be operated from thc bank whcnever possible. All
mechanized cquipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic matcrials.
Any mcchanized equipment used in the stream channel shall be clean and in proper working order.

11. As long-term stream stability is a conccrn with this type of work, it is strongly recommended that woody
vegetation be establishcd along stream banks wherc possible. Any riparian vcgetation planting should
be pcrformed in accordance with the Guidelines for Riparian Buffer Restoration
(http://h20.enr.state.nc. us/wrp/pd f/bu ffers. pdD.

12. The permittec shall provide on-site supervision of stability work including, but not limited to bank re-
sloping, in-stream structure placcment, and riparian zone re-establishmcnt by an appropriately traincd
individual.

13. The Permittee shall monitor the stabilization work done under this Certification on an annual basis for
threc (3) years following the completion of the restoration efforts. This ficld 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 Ashcville Regional Office by June I sl of each year. The
report must describe inspcction 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 attachcd authorization letter
to each property owner where the approved work will be performed.

15. The turbidity standard of 10 NTU (Nephclometric Turbidity Units) shaH 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) shaH not be exceeded, as

Mr. Derek Goddard
Page 4, DWQ# 05-0780
May 20, 2005

.'

described in 15 A NCAC 2B .0211(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 15th through April 15th 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 g401 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,

db/;;;;L-

. / Alan W. Klimek, P.E.

~--

A WKlcdl

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

Watauga County EWP 401 Authorizations

Subject: Watauga County EWP 401 Authorizations
From: Daryl Lamb <[e-mail]>
Date: Wed, 25 May 2005 15:13:53 -0400
To: Ian McMillan <[e-mail]>, Laurie J Dennison <[e-mail]>

Ian and Laurie,
The following 401 authorizations have been issued by WSRO effective OS/20/2005. All pfthese
authorizations are for use ofWQC# 3367 in conjunction with the US ACE's NW 37. These are all
Emergency Watershed Protection (EWP) projects in Watauga County being conducted by the Watauga
Soil & Water Conservation District (NRCS).

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 ofDWQ# 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
WetIands/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: [phone] ext 293
FAX: [phone]

Daryl Lamb <Dary1.Lamb(a!NCmai1.net>
WSRO
NC DENR

Content-Type: application/msword
050759.doc
Content-Encoding: base64

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5/25/20053:39 PM

Triage Check List

Date: 5/1 0/05

Project Name: DSR #ULC1, LLC2-3
DWQ#: 05-0780
County: Watauga

Daryl Lamb, Winston-Salem Regional Office

To:

60-day processing time:

5/3/05

7/1/05

From: Cyndi Karoly Telephone: [phone]

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

D Strcam length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Arc thc stream and or wetland mitigation sitcs availablc and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact conccrn
D
D
D

Comments: As per our discussion regarding revision of the triagc and delegation processes,
please review thc attachcd file. Note that you are the first reviewer, so this file will nced 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 Ashevillc Regional Office. As we discussed, this is an experimental, intcrim
procedure as we slowly transition to elcctronic applications. Please apprise me of any
complications you encountcr, whether related to workload, proccssing times, or lack of a "second
reviewer" as the triage process in Ccntral 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!

~rg@rgOWrg@

MAY 3 200S

Office Use Only:

Fonn Version May 2002

I D~NR ~ WATER QUAliTY
\.'ETLAt.OSAJD STOfi.!!\'.:.\TER BRA/;":H
USACE Action ID No. DWQ No. ..
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

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

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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

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

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

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and thc project is within a North Carolina Division of Coastal Managcment Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1. Owncr/ Applicant Information
Name:
Mailing Address:

Tclcphone Number:
Namc of project: DSR # ULCl. LLC2-3
E-mail Address:

Fax Number:

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.)
Namc: Derek Goddard
Company Affiliation: Watauga Soil and Water Conservation District
Mailing Address: 971 Wcst King Street
Boone. NC 28607

Telephone Number: 828-264-0842

Fax Number: 828-264-3857

Page 5 of 12

E-mail Address:[e-mail]
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 # ULCl. LLC2-3

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 Pipes Peak
Rd to Rominger

5. Site coordinates, if available (UTM or LaULong): W8151' 14.1" N3614' 13.5"
(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 Proiect

7. Nearest body of water (streamlriver/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://h20.enr.state.nc.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 ill 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 ofthis work from the current application.

N/A

VI. Proposed Impacts to \Vaters of the United Statesl\Vaters 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 5200 feet of stream
to return channel to original location and to stabilize stream banks

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
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 Ccntcr at I -800-358-9616, or
online at http://www.fcma.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detcnnination 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 Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 Stabilization 5200 Laurel Creek 10ft Perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limitcd to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), rclocation (include linear fect before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightcning, ctc. 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
dO\\TIstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.l1SgS.gov. Sevcral internet sites also allow direct download and printing of USGS maps (e.g., wWW.toPo7one.com,
www.mapquest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 5200

Page 8 of 12

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

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

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

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 Noticc 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 practicablc
mitigation as propos cd. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: rcducing the sizc of the project; establishing and maintaining wctland
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 proccssing. Any application
lacking a required mitigation plan or NCWRP concurrence shall bc placed on hold as
incomplete. An applicant may also choose to rcvicw the current guidelines for stream restoration
in DWQ's Draft Teclmical Guide for Strcam Work in North Carolina, available at
h t to:/ /h20. enr .statC.I1C. us/ncwctl ands/ stml gi dc. htm I.

1. Provide a brief description of the proposed mitigation plan. The description should providc
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 fcet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed rcstrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate shcet 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 thc NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding thc application process for thc
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page thrce and provide the
following information:

Amount of stream mitigation requestcd (linear fcet): N/ A
Amount of buffer mitigation requested (square fect): N/ A
Amount of Riparian wetland mitigation requcsted (acres): N/A
Amount of Non-riparian wetland mitigation rcquested (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 [8] No 0

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPNSEPA)?
Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No [8]

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes 0 No [8]

X. Proposed Impacts on Riparian and Watershed Buffers (required by D\VQ)

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

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No [8] If you answered "yes", provide the following information:

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

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

*

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

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 D\VQ)

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 D\VQ)

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

XIII. Violations (required by DWQ)

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

Is this an after-the-fact permit application?
Yes D No [2J

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.

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

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ULC1,LLC2-3 1961-23-4407-000 5.0000 FAITH MISSION BAPTIST CHURCH HARMON 717 SPICE CREEK RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1951-76-4787-000 0.5940 HARMON, RALPH JOSEPH HARMON, EUNICE 268 PRESNELL RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1951-76-4908-000 0.3460 HARMON, RALPH JOSEPH HARMON, EUNICE 268 PRESNELL RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1951-76-4787-000 0.5940 HARMON, RALPH JOSEPH HARMON, EUNICE 268 PRESNELL RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1951-76-4908-000 0.3460 HARMON, RALPH JOSEPH HARMON, EUNICE 268 PRESNELL RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1961-24-7257-000 12.4000 PALMER, SARA GAY 1066 HORSEBOTTOM RD BANNER ELK, NC 28604 X
ULC1,LLC2-3 1961-03-4678-000 75.0000 ROMINGER, AUDREY 411 POPLAR HILL DR BOONE, NC 286074521 X
ULC1,LLC2-3 1961-14-5372-000 20.5000 TRIVETTE, JERRY L 4389 ROMINGER ROAD BANNER ELK, NC 286048329 X

UlC ~ ~~~u./3

LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP)

The undersigned landowners hcreby grant permission to the Watauga County Commissioners,
the \Vatauga County Soil and Water Conservation District andJor their agents to enter upon our
land for the purpose of repairing the flood damagc caused by the flash floods on September 8
and September 17,2004 in Watauga County. We do further authorizc those persons designated
by the \Vatauga County Commissioners as Contracting Officer and/or Altcrnate Contracting
Officer to act as agcnt 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 watcrshed protection work
necessitated by the floods of September 8 and Septembcr 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. -1
,

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, \Vatauga County, \Vatauga 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.

N~me (please print) A un t< e- 'I :::;.
Mailing Address (please print) H II eo P 1.f1(2
Phone Number ~:z..%- zr;., 4- - 7- ?-7.-Gf
Signature 4/ dA7"A. ~~1L-U

Ro /Vl1 tV G Gt"L
i-I i t.- ~ V Q.. '. l3 ooM E: Me 2860 7
/ .

Date 01- 20 -o~

Name (please print)
Mailing Address (please print)
Phone Number
Signature

Date

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ULC II L.l-G t~3

LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP)

The undersigned landowners hereby grant permission to the Watauga County Commissioners,
the \Vatauga 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. '2

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.

N~me (please print) -A IA I") P. E:Y ~# Ro rYl I n G E (L
Mailin Address lease rint 4 I { ~ ZC?C;O~(
Phone Number Y 2- g - 2-' '1-_ 2- z_ 2.,- ?
Signature P(:.-<--"'-t'/_ ~ -<~ "# Dale .' 1- ;2. e; - {/ S-

Name (please print)
Mailing Address (please print)
Phone Number

Signature

Date

f(~' .~' -~. " ~:' U ~U.U ~ i] 2005

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UlC \ iLL~ 2J 0 LLG 4<;1-
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 \Vater 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.

N~me (please print) (3 6 b 6 Y I? /I ,4 R ~ D ~
Mailing Address (please print) 1/6 om 1::}n (, A 111 ':L F
LJ:C(,. fLf3q-
Signature f9~ {-{ ~

h-,,( l 1-1 L'
,

Phone Number

Date I, 2..~ . i c tJ f'-

Name (please print) R;~:~H\RD If<; VrfTIlf'
MailingAddress(pleaseprint) 6501..BANrltS-.( )Ej..K, rJe. ~7bHf- '.
ff-I..-<)!J b I
Si Date

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LANDO\VNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP)

The undersigned landowners hereby grant pennission to the Watauga County Commissioners,
the \Vatauga 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
perfonnance of repairs.

This pennit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed and mulch, and perfonn similar emergency watershed protection work
necessitated by the floods of September 8 and September 17, 2004.

This pennit 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 pennit are sketched on the reverse of this fonn.

This pennit 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 \Vatauga County Commissioners, \Vatauga County, \Vatauga 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.

N~me (please print) rJE If R/ JEW/;; -r;;c~(/e71i
Mailing Address (please print) /.A38'9' /f0/f7/f/~6~ RJ. :RA<<tYt=R ELk fiG.
.. ;JYCp I-
Phone Num g>:. 9 ~ g~ S {} I
Si Date / 'j...D fJ........

Name (please print)
Mailing Address (please print)
Phone Number
Signature

Date

R E C: E~ ~ \/ E [1

I ., ,~j ,...
\._Ifd ~ ~~

o 2005

LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION ~ L

(EWP) LJ L,c-- 1/ 0GL 1..,-- J

The undersigned landowners hereby grant pennission 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 inWatauga 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 pennits as required for the
perfonnance of repairs.

This pennit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed and mulch, and perfonn similar emergency watershed protection work
necessitated by the floods of September 8 and September 17,2004.

This pennit 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 pennit are sketched on the reverse of this fonn.

This pennit does not provide confinna~ion 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
hannless 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).f? q (LJ j, j) OS E P "- f/-q!/,Ir1(j '^-
Mailing Address (please print) d< h ~ fJh~<; J/JE II IPrl... /2Cfl1l1.c;E/it,1'
Phone Number 8 :2.8--i2. 97-/.:ll./7
Signature ~ ~ 7~A4""\.. Date);;l. -:2. ?-:2.ooC(

Name (please print) f:'.UY\1 cp' N 1.1 ("()i N.J
Mailing Address (please print) ~(t'I'< ,orp C,f'..i!
Phone Number '??~~. 8. Q'7 - I~ Y 7
Signature ~ Lt/~~ 1~ Q ~

I()
II RJ 1~~r'lY\p( bIll Ale . t!
- . 9g<OOT
Date I ~-~<6... D~

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\,\ \t-~ QJ '

) ~ ~\t-
V C(J-'

ULG \ ' L LC 6-<3
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, \Vatauga County, \Vatauga 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.

N~me (please print) L::J f+ 12-,4 L- P A- L)viX (l
Mailing Address (please print) J C V(I r'-h>.rs; h+ll-'~~ /:J~j/_
?lcr ~~ c; 11 (
<; /'0> (/ L,~ . _ , Oat: [-) -S-;;:j
IV-.- ~ l-( ~ J Z; ~ I,-.,.^-h.-~)~
1 G ~ C/~~ ((~ CJ I1v-(.) M,

Phone Number

Signature

~

Name (please print)
Mailing Address (please print)
Phone Number

Signature

Date

R[CC' ,'ED "~Ii)! 'I J 2005

/~--:---

~Ii::~

.......l.t:..,

ITPICAL VIEW
STREAM F1..0W OBSTRUCTION
POST F1..00D C01't'DITION

1~llff;'

...."..,........tl

7~~;<I~ilf

//

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:.",~,,~{~~;~

....~.I::'.'.,.,:.t<;'-..,...-

~~l~~:'~~

...~"-'-~.......-~,.,...,...,.,..,..
';~~~.~ -....~.:s'
~~.~I/:
"- ~~~:.:.'\i
~."......"

(

TYPICAL VIEW
OBSTRUcnONS REMOVED
STREAM CAPACITY RESTORED

Watauga EWP Practice Standard 3

ROCK DEBRIS IF AVAILABLE
ON SITE or ROCK RIP RAP IN
EXCESS OF tOOlbs per stone

S!"am Cha...' ~~

,,-----

..--.-..-.----............------

~

Watauga Practice Standard 1

Geotextile Fabrie Filter Cloth
Toed in minimwn 1 fool each end

Profile View

Notes

DEREK GODDARD, DlSTRICfTECHNICIAN
WATAUGASOILand WATER

,..

, [Fwd: [Fwd: [Fwd: STream Clearing Activities]])

Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
From: Cyndi Karoly <[e-mail]>
Date: Wed, 16 Mar 2005 15:58:57 -0500
To: Laurie J Dennison <[e-mail]>

fyi - so please note that fees are waived when you create these files - perhaps a
brief handwritten note in the file jacket, or we can add a copy of this message

Subject: [Fwd: [Fwd: STream Clearing Activities]]
From: Tom Reeder <[e-mail]>
Date: Wed, 16 Mar 2005 15:43:18 -0500
To: Cyndi Karoly <[e-mail]>

Cyndi - In answer to your question yesterday it appears that the fees are being
waived for the EWP associated 401s.

Subject: [Fwd: STream Clearing Activities]
From: Alan Klimek <[e-mail]>
Date: Wed, 16 Mar 2005 15:37:40 -0500
To: Tom Reeder <[e-mail]>

Yes, the fees are being waived. See attachment.
Alan

-------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <[e-mail]>
Organizatiou:NC DENR
To:Alan Klimek <[e-mail]>, Jim Simons <.Jim.Simons{a)ncmai1.net>,
David Vogel <[e-mail]>
CC:Johanna Reese <[e-mail]>, Nann Guthrie
<N ann. Gu [e-mail]>

~

, ,_'t..~~

~~l: 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.

10[2

3/17/20056:46 AM

, [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

Robin W. Smith <robin.w.smithcW,ncmail.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR

[Fwd: [Fwd: STream Clearing Activities]] Content-Type: message/rfc822
Content-Encoding: 7bit

[Fwd: STream Clearing Activities] Content-Type: message/rfc822
Content-Encoding: 7bit

----=-:::I--=-~--=-"-='_:.,==:-'--=::::_,:::--'-- - - --- - ---------- -- --------=-=-:-:..[

.E\VP letter to counties.doc'l Content-Type: applicationlmsword!
=__n__-=_===-_____------------- II Content-Encoding: base64
____._ _.._.._~_~__._.~..........:...."""" L-..~=.==:-__,_.__ __ _.__._,_._,_~_____._.~

. -"",-"

--~ --. -----=------- ~....:=:.:.:.'-.:::-~----_:::_:=:._-------

is tream-Clearing ACtivitieS-3.doc'l Con ten t- Type: applicationlms~~~d I
-===-==,===,==:=-=,:======JC_~~~~~t:~-~-~-~-~!~~-: base64 :

--------.--....-----.---....:::..-::.::....

20f2

3/17/20056:46 AM

,

February 25, 2005
Page 1 of2

February 25, 2005

RE: Emergency Watershed Protection Stream-Clearing Projects

Dear

I know that County experienced str((am 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 playa 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 proj ects 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 of2

control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP permit s requested by September 1,2005.

I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. If we can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a 'primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information sheet also provides contact information for DENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.

Sincerely,

William G. Ross, Ir.