20050788 Ver 1_Complete File_20050506

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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 10, 2005

DWQ Project # 05-0788
Yancey County

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

Subject Property: Cane River (EWP DSR 2004-22 Pinto)

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs, Lawhern:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 940 feet of streams for the purpose of
stream bank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on May 5, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

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

The Additional Conditions of the Certification are:

N~iiliCarolina
;Vntllra//!f

401 Wetlands CertificaVon Unit
1650 Mail Sel\'ice Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h20 enrstate ncus/ncwetlands

An Equal Opportunity/AffirmaVve Action Employer - 50% RecydeC/10% Post Consumer Paper

J
Page! of6
May 10,2005

1

1. Impacts Approved

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

Stream

Plan Location or Reference

Cane River

2. Erosion & Sediment Control Practices

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

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

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

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

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Page3 01'6
May 10,2005

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

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

5. Certificate of Completion

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

6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the January 1 to April 15 rainbow trout spawning period to avoid
adverse effects of sediment on eggs and larvae. However, Wildlife Resources
Commission will not object to construction of Natural Resources Conservation
Service "urgent and compelling" sites during the spawning period provided these
projects are, to the extent appropriate and practical, constructed by: (1) using flow
diversion structures such as sand bags, (2) placing large-sized rock toes and filter
cloth backing for stabilization sites before backfilling, and (3) excavating new
channel alignments in dry areas. Construction at the other non-"urgent and
compelling" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. 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.

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Page 4. of 6
May 10,2005

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

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. 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 area should not be modified by
widening the stream channel or changing its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

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

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

13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) 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.

I

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Page50f6
May 10,2005

14./f pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

15. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)

45. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.

17. Turbidity Standard

The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

18. No Sediment and Erosion Control Measures in Wetlands

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

1 UU'"'''''J \,...VUU"J.
Pagel) of6
May 10,2005

,

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

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

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

Sincerely,

-P /J~/-. J
'-'I ) o~V\ C-. '~?ut1t<. 6t, fL
Alan W. Klimek, P.E.

AWKlkhb

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

cc: Stu Ryman,
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0788. EWP. CaneRiver.Approval

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
RogAr Frlwrmis

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Cane River E\VP DSR 2004-22 Pinto
Project Number 05 0788
Recvd From APP

County Yancey
County2
Region Asheville

Received Date 5/6/05
Project Type E\VP

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I NW37 I Stream IOY (!)N I I 7-3-(0.5) I WSII I TRHQW 140,307. I I 940.00
I I IOY ON I I r-I I I I

Miti~ation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N

Is Mitigation required? 0 YON Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 355237 Longitude (ddmmss) 821842

Comments:
Issued - ARO - KHB - 05/10/2005

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Cane River EWP DSR 2004-22 Pinto
DWQ#: 05-0788
County: Yancey

Date: 5/1 0/05

To: 60-day Processing Time: 5/6/05 to 7/4/05

From: Cyndi Karoly Telephone: [phone]

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

D Stream 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 Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

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!

t

mrn@rnU\Y1rn@

MAY 6 2005

Office Use Only:

Form Version May 2002

t''!:TI ~.ENR - WATER QUALITY
."', LhlJDS NJD STORJ.riYATER BRANCH
USACE Action ID No. D\VQ 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:
~ Section 404 Permit D
D Section 10 Pennit D
~ 401 Water Quality Certification

Riparian or Watershcd Buffcr Rulcs
Isolated Wetland Pcrmit from DWQ

2. Nationwide, Rcgional or Gcneral Permit Number(s) Rcquested: Nationwide 37

3. If this notification is solely a courtesy copy bccause written approval for the 401 Certification
is not required, chcck herc: D

4. If paymcnt into thc North Carolina Wetlands Restoration Program (NCWRP) is proposcd for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complcte
section VIII and chcck herc: D

5. If your projcct is locatcd in any of North Carolina's twenty coastal counties (listed on page
4), and the projcct is within a North Carolina Division of Coastal Management Area of
Environmental Conccrn (scc the top of page 2 for further dctails), chcck hcrc: D

II. Applicant Information

I . Owner/Applicant Information
Name: Afichele Lmvhen~ County Afanager
Mailing Addrcss: 110 Town Square
Yancey County Courthouse, Room 1
Burnsville, NC 28714

Tclcphonc Number: [phone] Fax Numbcr: [phone]
E-mail Addrcss: [e-mail]

2. Agent/Consultant Information (A signcd and dated copy of the Agcnt Authorization letter
must bc attachcd ifthc Agcnt has signatory authority for the owner/applicant.)
Namc: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Addrcss: 50 College Street, Asheville, NC 28801
Telephonc Numbcr: [phone] Fax Numbcr: [phone]
E-mail Address:[e-mail]

i

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 phm 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 ofproject: Cane River EWP DSR 2004-22 Pinto

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

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

4. Location
County: Yancey County Nearest Town: Burnsville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Burnsville, follow NC
Highway 197 South approximately 6 miles. Take a right onto Riverview Road. Riverview
Road will immediately cross the Cane River. Take the first left after the bridge. Continue on
approximately 1 mile to where the road dead-ends into a two story brown house on the right,
with a small red barn on the left. See attached Figure 1.

5. Site coordinates, if available (UTM or LatlLong): 350 50' 37" N/820 18' 42" W
(approximate center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

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

7. Nearest body of water (streamJriver/sound/ocean/lake): Cane River

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

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

2

Land use in the vicinity of the proposed project site consists of agricultural uses, including
trout farms. This portion of Cane River was heavily impacted during Tropical Storms
Frances and Ivan In this location, the stream is clogged with woody and lIOn-native debris,
reducing the hydraulic capacity of the channel. In the location of the proposed bank repair
the river has shifted approximately 150 feet to the west of the original channel. Two trout
ponds were destroyed, and the relocated channel threatens the stability of existing structures.

9. Dcscribe thc ovcrall projcct in detail, including thc type of cquipmcnt to bc uscd:

This Pre-Construction Notification form addresses only one area of stream bank stabilization
and relocation 011 DSR 22. DSR 22 covers damage pom Tropical Storms Frances and Ivan
ji'om the mVy 197 bridge at 1\1urchison to the confluence of the Cane River and Cattail Creek.
The area addressed by this submittal is entirely located on the parcels shown on Figure 2, and
detailed in Table 1. Flooding during the storms destroyed the right riverbank on parcel 26 and
directed the streamflow to the west of the pre-storm channel. This resulted in severe damage to
two trout ponds and relocated the channel approximately 150 feet west of its pre-jlood location.
Specifically, this application addresses only a section of the Cane River that has relocated to a
new, unstable location where trout ponds previously existed. The post-jlood condition threatens
the stability and safety of property, utilities and associated structures.

Since the entire site is located on agricultural land, a formal approval of the Erosion and
Sediment Control Plan elements of this proposal is not required, nor is a Trout Waiver
required.

Allwork will be performed as per conversations between Altamont Environmental, US Army
Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US
Fish and Wildlife Service personnel on other EWP sites in this watershed. Work will include
stream bank stabilization in the area described below as well as localized removal of organic
and mineral debris and streambank re-vegetatioll.

Cane River is classified as 'WSII', 'Trout' waters and High Quality Waters (HQW) throughout
the project area.

The following activities are proposed in the project area:

1) One distinct area is in need of stream bank stabilization has been identified, totaling
approximately 940 linear feet. High water flow has destroyed the stream bank and moved
approximately -% of the flow to a new location approximately 150 feet to the west of the pre-
flood location. The new configuration destroyed two trout ponds, and threatens a utility pole as
well as property and associated structures. Repairs in the areas will involve the following:

· Realign channel in its pre-flood location

· Stabilize the riverbanks by removing unstable vegetation, placing large angular stone
and/or coil' logs at the toe of the slope to an elevation above the normal water level,
backfilling behind and above the stone and/or coil' logs with rocky debris removedPom
the floodplain or imported to the site, topping with soil and planting native vegetatioll.
Additionally, in-stream structures may be used to deflect flOlv pom the stream bank.

3

o Several large trees are down on the section of river to be re-aligned. These trees are
suitable for use as rootwads and will be incorporated into the reconstructed stream bank
for added stability and habitat enhancement.

2) Removal of organic, mineral, and non-native material fi~om areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves.

3) Softening of minor over-steepened banks and riparian planting.

Work will include: channel realignment, stream bank reconstruction and channel stabilization in
the areas described below. Equipment used to accomplish the above tasks includes: rubber
tired skidders, 15 ton dump truck, hydraulic track mounted excavator with thumb, and
chainsaws.

The location of the stream bank repair area is provided in Figure 2. A representative photo and
is included as Figure 3. Repairs for the area are detailed in Figure 3A. Figure 4 is a cross-
section of the target channel cross-section in the channel relocation area. Additional
representative photos are included as Figures 5-6.

Stream ballk Stabilizatioll
Stream bank stabilization is needed on approximately 940 linear feet of banks within this project
area.

Repair will generally include stabilizing the bank in its pre-flood location. A key in trench will
be excavated at the base of the existing slope as necessary. Large (three to four foot diameter)
angular rock and/or coil' logs will be used to stabilize the toe of the repaired streambank. Coil'
logs will be secured above the rock for 2-3 layers. The area behind the coil' logs will be
backfilled with rocky debris material excavated fi-om the floodplain or imported material, and
soil will be placed on the top of the reconstructed bank to aid in the establishment of vegetation.
Where sufficient space is available, a bankfull bench will be constructed in the fill area to
increase hydraulic capacity and enhance future bank stability. The area will be seeded with
erosion control vegetation within five days of completion of/wavy equipment work. With the
landowner's permission, live stakes and bare root stock native trees and shrubs will be planted
on top of the bank stabilization work.

Where the channel has relocated it will be necessary to re-establish the stream channel to its
pre-jlood location and capacity. The post-flood and pre-flood channel locations for the Cane
River site are shown in Figure 3. Work in these cases shall proceedfi-om downstream to
upstream to reduce sediment loading. Target restored channel dimensions have been
established using regional reference dataji-om appropriate, nearby stable or nearly stable
reaches of the Cane River. The restored profile and facet slopes will be established in the field
using site elevation data and appropriate nearby reference profile data. The restored channel
pattern will be determined usingfield indicators, aerial photographs, and interviews with
landowners. Root wads will be installed in the restored bank section to reduce bank stress and
provide stability to the unconsolidatedfill. Care shall be taken to move the material in such a

4

manner as to minimize sedimentation. Large rock will be brought in and shall be placed at the
toe of the slope, used to construct vane structures or used to anchor root wads to protect
unconsolidated fill.

Some excavation of rock debris will occur to restore the hydraulic capacity of the channel. At
no time will excavation proceed below the normal channel bottom depth To avoid over
deepening the channel, the contractor will determine grade control by surveying channel
elevations upstream and downstream of the subject reach prior to beginning repair work. The
maximum allowable depth of excavation in the affected reach will be determined based on these
reference elevations. During construction, the contractor will be required to maintain grade
control to avoid excavating deeper thall the approved maximum depth

Work will be pelformedfrom the riverbank to the extent possible. At normal water levels a
relatively long and wide rock bar exists between the new and old channels. For this reason it is
anticipated equipment can complete most workfrom the dry at this location. Basejlow on the
Cane River ill this location is between 80-100 cft. The magnitude of the }low prohibits
redirectingjlow to re-construct the bank in dry conditions. Reconstruction ofpre-jlood
streambanks will require placement of material in wet conditions. In such cases, sand bags, or
the equivalent, will be used to dejlect water jlow away from the work area, as well as prevent
water from accumulating in the work area. Standard erosion and sedimentation control
measures will be utilized throughout the project.

Target channel dimensions were derived by determining the drainage area (approximately 27.5
square miles), and using regional curves found in "Bankfull Regional Curves for North
Carolina 1vfountain Streams" (Harman, WA. et ai, 2002). Using the referenced information, a
watercourse in the North Carolina l\lo111ltains with a drainage area of approximately 27.5
square miles has a typical cross sectional area at bankfull stage of approximately 206 square
feet, a bankfull width of approximately 65 feet, and a typical bankfull mean depth of 3.1 feet.
Actual stable conditions may range from between +/-10-30% of the regional curve target
dimensions. Channel dimensions have been chosen such that the cross-sectional area is within
the aforementioned range. Existing conditions upstream and downstream of the channel
relocation area consist of overly wide shallow cross-sections as compared to regional curve
datafor a watershed of27.5 square miles. The target relocated channel dimensions take into
account both existing upstream and downstream conditions, and regional curve dimensions. A
target post-restoration cross-section is included in Figure 4. The specific channel width and
depth will be dependent on physical constraints such as roads and existing streambanks.

Due to the fact that this location is upstream of the water intake for the City of Burnsville,
coordination with the Public Works Director will take place before any construction activity is
undertaken

The work addressed in this application is intended to improve the post-jlood hydraulic capacity
of the stream reaches discussed, stabilize severely eroded streambanks that are threatening
structures, and retum the areas to pre-jlood conditions. 17ze proposed actions are not intended
to enhance existing conditions or restore the stream reaches using natural channel design

5

techniques. Such activities would require detailed engineering evaluation and design, which
are beyond the intent of the EWP program.

A summary of affected property owners is included as Table 1. All property owners affected by
the proposed work have signed access agreements.

At each work site, work shall proceedfrom downstream to upstream to reduce sediment
loading. All staging areas will be less than half an acre in size. Work will proceed as follows
at each work area (as applicable):

1. Flag the work limits.

2. Mark live trees and shrubs to be protected.

3. Construct temporary construction entrance/exits, where necessary.

4. Install sediment fence around staging areas.

5. At the end of each workday install erosion control matting or geotextile fabric on exposed
soil using removable stakes. Erosion control mats will be constructed of coirfiber or a coil'
fiber mixture for maximum erosion protection, vegetation establishment assistance, and for
minimal impact on wildlife. The applicant is considering the use of pre-vegetated coil' mats
to improve erosion control measures and speed the revegetation process.

6. During construction, place large boulders and/or coil' logs at the toe of repaired
stream banks where necessary.

7. Fill and compact behind boulders and/or coil' logs.

8. Install hz-stream flow structures

9. Cover with soil, and a layer of wheat straw, install erosion control mat, and seed.

10. Inspect and maintain repairs.

A site-specific engineering design based on a specific storm event was not completed because
the EWP program is not intended to fund stream restoration design or construction work.
Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss of property or life. Because natural channel
design methods are beyond the scope of the EWP program, published literature values were
consulted in order to specify the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter cloth will be placed
behind large rock usedfor stream bank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. !froot-wads are
used they will be installed so that at least 1/3 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, coil' logs and natural fiber erosion control
mats will be usedfor stream bank stabilization.

Once site construction has ceased, the banks of the restored channel will be seeded with a
native floodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used
(when available) to line the near bank regions of the constructed/stabilized channel to provide

G

immediate stability. Live stakes and matting staples will be used to secure the EC fabriclsod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally J 5-20 lbs/acre depending on species. With landowner permission, native
shrub and tree species will be planted throughout the project reach at a rate of 320 stems/acre,
securing near bank areas and providing future shading to the channel. Existing woody
vegetation will be preserved to minimize project impacts. The following steps will be observed
with respect to vegetation:

1. Exposed soil will be covered with erosion control matting at the end of every workday.
Mats will be secured using removable stakes.

2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of
native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary
native grass mixture immediately following completion of the work in those areas.
Temporwy seeding will be accomplished using an application rate of J 20 pounds per acre.
Tall fescue will not be used in riparian areas.

3. When possible sod will be taken ji-om adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate stabilization within five days of ground
disturbing activities.

4. If sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground disturbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.

5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain

6. Woody vegetation will be planted during the normal growing season assuming landowner
permission

Removal of Organic ami Roclty Debris
The applicant recognizes that some woody debris in the riparian zone is a necessary component
of habitat integrity and will strive to remove only non-native objects and those debris elements
considered an immediate or impending threat to life and structures. Contractors pelforming
debris removal tasks will be instructed to access debris on both sides of the river ji-om the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel unless absolutely necessary. In some circumstances, it is
likely that chainsaw operators or heavy equipment support personnel may need to get in the
river to cut or help ji-ee debris jams being removed. In addition, large debris being pulled ji-om
the riverbank may result in some riverbank scour. The applicant will instruct contractors
pelforming the work to reji-ain ji-om cutting any live vegetation unless it is leaning toward the
river at more than a 30-degree angle and the river is entrenched or the riverbank is unstable at
that point. Debris removed will be hauled off site or chipped and disposed of in the jlood plain
In cases where it is determined that large woody debris can be utilized in current or projected
future bank stabilization work, such as in log vanes or as root wads, these articles may be stored
on site out of the jloodway upon landowner permission All areas disturbed due to debris
removal and equipment access will be reshaped and reseeded. Access to the channel will be
perpendicular to the channel. Precaution will be taken to protect mast production and stream

7

canopy trees. Dead trees that provide den habitat and are determined to pose no hazard to the
channel shall be protected.

Excessive rocky debris within the flood plain and channel will be removed using an excavator.
The removal of rocky debris will proceedji-om the stream channel back toward the stream bank
allowing the excavator to work on the debris pile. The reconfiguredfloodplain will be shaped
in a manner intended to restore the hydraulic capacity of the stream system. Rocky debris
removed from the floodplain will be used to stabilize the stream bank, or will be hauled offsite.
At sites where there is no eroded streambank in the immediate vicinity, the excavated material
will be used to strengthen the natural berm of the stream bank or will be hauled off site. In no
case shall the deposited material be placed at an elevation higher than the existing
stream banks.

10. Explain the purpose of the proposed work:

The work being described is recovery work under the Emergency Watershed Protection program
to protect existing property and structures. Streambank stabilization will also prevent further
erosion and sedimentation to the Cane River.

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 cunent application.

No

VI. Proposed Impacts to Waters of the United States/Waters ofthe State

It is the applicant's ( or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream chmmels associated with the project. The applicant must also

8

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 fonns 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.

I. Provide a written description of the proposed impacts:

Proposed impacts include channel realignment and streambank stabilizatioll. Precautions will
be taken to keep heavy equipment out of the stream channel except where absolutely necessary to
install bank stabilization measures. Work will be conducted in the dry to the extent practicable.
Sediment GIld erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to minimize sedimentatioll.

2. Individually list wetland impacts below:

There will be no wetlands impacted at this site.

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 1 OO-ycar Floodplain * * Nearest Stream Type of Wetland * * *
(indicate on map) (acres) (yes/no) (linear feet)

List each impaet separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both stlUcture and flooding.
* * 100- Year floodplains are identified through the Federal Emergency !\1anagement Agency's (FE!v1J\) 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 httn://www.fema.cov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina I3ay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

*

***

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

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

9

Stream Impact Length of Average Width
Stream of Stream Perennial or
Site Number (see Type of Impact* Impact Name** Before Impact Intermittent?
Figure 2) (linear feet) (ft)
Channel Realignment
Area 1 (Figure 2) Debris Removal and 940 Cane River 30 Perennial
Stream bank Stabilization

List each impact separately and identifY temporary impacts. Impacts include, but arc not limited to: eulvelis and associated rip-rap,
dams (separately list impacts due to both structure andf1ooding), rclocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, 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 11ows. USGS maps are available through the USGS at 1-800-358-9616, or online at
\V\VW.USl!S.l!OV. Several internet sites also allow direct download and printing of USGS maps (e.g., \V\Vw.tol1ozone.com,
w\Yw.ITI:ll1Quest.com, etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 940 linear feet

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.

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

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
f1ooding, 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): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

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

Size of watershed draining to pond: N/A

Expected pond surface area: N/A

10

VII. Impact Justification (Avoidance and Minimization)

Spccifically dcscribc mcasurcs taken to avoid the proposed impacts. It may be useful to provide
information relatcd to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. Thc applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
wcre minimizcd once the desired site plan was developed. If applicablc, discuss construction
tcclmiques to be followcd during construction to rcduce impacts.

On behalf of Yancey County, Altamont will provide contractors engaged in the implementation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during stream bank stabilization and
stream relocation work, except where absolutely necessary to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allow for bank stabilization and debris removal sufficient to restore the
hydraulic capacity of the stream channel. Temporary grass cover shall be planted on all bare soil
within 5 days of ground disturbing activities. Provided landowners give permission, herbaceous
and woody shrub and tree vegetation will also be imtalled on the riverbank upon completion of
bank stabilization work. Yancey County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are being followed.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be rcquircd by the NC
Division ofWatcr Quality for projccts involving greater than or equal to one acre of impacts to
freshwater wctlands or greatcr than or equal to 150 lincar fect of total impacts to pcrelmial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pcrmits, publishcd in the Fcderal Rcgister on March 9, 2000, mitigation will be requircd whcn
necessary to cnsure that advcrse cffccts to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and rclative value of the impacted
aquatic resource will be considered in determining acccptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may bc appropriatc and practicablc includc,
but arc not limitcd to: reducing the size ofthc project; establishing and maintaining wctland
and/or upland vegetated buffers to protect opcn watcrs such as streams; and replacing losscs of
aquatic rcsource functions and values by crcating, restoring, enhancing, or prescrving similar
functions and valucs, preferable in the same watcrshcd.

If mitigation is required for this projcct, a copy of the mitigation plan must be attached in ordcr
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrcnce shall bc placcd on hold as
incomplete. An applicant may also choose to revicw thc currcnt guidelincs [or stream restoration

II

in DWQ's Draft Teclmical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc.us/ncwet] ands/strl11gide.htl111.

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

N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional infoffi1ation regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htl11. Ifuse 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

IX. Environmcntal Documcntation (rcquircd by DWQ)

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

If yes, does the project require preparation of an enviromnental document pursuant to the
requirements of the National or North Carolina Enviroml1ental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for enviromnental documentation.
Yes 0 No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes 0 No 0

X. Proposcd Impacts on Riparian and Watcrshcd Buffcrs (rcquircd by D\VQ)

12

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, whethcr or not impacts are proposed to the buffers. Correspondcnce from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

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

Identify thc square feet and acreage of impact to cach zone of the riparian buffers. Ifbuffer
mitigation is requircd calculate the required amount of mitigation by applying the buffcr
multiplicrs.

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

*

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

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

XI. Stormwater (required by D\VQ)

Describe impervious acreagc (both cxisting and proposcd) vcrs us total acreagc on the site.
Discuss storm water controls proposed in ordcr to protcct surface watcrs and wctlands
downstrcam from the propcrty.

Impervious acreage will not change. Erosion and sedimentation prevention and control will be
maintained throughout this project primarily through proper water management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacity for expectedjlO1v events. Equipment, filels, lubricants, or other
potential sources of water pollution will not be stored in areas that could be flooded during this
project.

13

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.

Portable facilities shall be provided at the lVork site.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application?
Yes D No ~

XIV. Other Circumstances (Optional):

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

V
pplicallt/Agent's Sibn. ure Date
(Agent's signature is valid only "f an authorization letter from the applicant is provided.)

14

YANCEY COUNTY

Michele P. Lawhcrn, County Manager

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

County Courthouse, Room II . Burnsville, North Carolina 28714
PHONE: [phone] · FAX: [phone] . EMAIL: [e-mail]

November 10,2004

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

Stu,

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

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

mjclY,
l/ ~Z~Vhcm

Yancey County Manager
Work: 828/682-397 I; Cellular 828/284-0746

Table 1.
Affected Parcels
EWP DSR 200-1-22
Yancey County, Jliorth Carolina

MAPID PIN OWNER Property ADDRESS CITY STATE ZIP Exigency? CHANNEL STEAM BANK ROCK DEBRIS WOODY DEBRIS COMMENTS
Size i.cresl REALIGNMENT STABILIZATION REMOVAL REMOVAL
Approx_ 150 linear n stream
GREEN COVE tronta;e
34 0717C077Sr:159DOO HECKROTTE MARY BOONE 629 411 WALNUT ST # 2528 SPRINGS FL 32043 N . . . .
Approx_ 150 linear ft stream
BLOOMFIELD trontage
29 071700931164QOO PINTO DIANA V TRUSTEE 693 P,O. BOX 955 HILLS f..'I 48302-7508 N . . . .
Approx_ 5CQhnearrtslream
rronta~e
27 071700892513000 PINTO ERNEST 1803 1278 RIVERVIEW RD BURNSVlllE NC 28714 N . . . .
Aj::prox.. 150 linear n stream
tronta;e
25 0717COS'33 g2CIJOO HOLUFIELD WilLIAM THAD & DORIS 670 117QRIVERVIEWRD BURNSVILlE NC 2~714 N . . . .
Approx_ 350 linear ft 'lream
trontage
2e 071700891'74000 HOLLIFIELD WilLIAM THAD & DORIS 1800 1170 RIVERVIEW RO BURNSVllLE NC 28714 N . . . .
Approx. 300 hnear It stream
frontage
2' 071700891174000 HOLLIFIELD WIll. lAM THAD & DORIS 1800 1170 RIVERVI[W RD BURNSVILlE NC 29714 N . . . .
Approx. 650 linear ft stream
fTorlta.;;e
15 0717C09849oj7000 WilSON BENJAMiN B 29 C6 29 CATTAil CREEK RD BURNSVILLE NC 28714 N . . . .
Approx. 170 Ilnearftstream
frontage
29 071700987134000 ATKINS EDGAR OS 12040 HWY 197 S BURNSVILlE NC 28714 N . . . .
Approx.350lmearftslream
lronta]e
3' 0717009811640CO WILSON BILLY BROOKS & KATIE 400 19 PENSACOLA SCHOOL RD BURNSVILLE NC 28714 N . . . .
Approx. 31SJ linear ft stream
fronta.;;e
36 0718GOI307323000 MilLER RAY V & MARY ANNE 39317 9449 STATE HV1/Y 197 S BURNSVlllE NC 28714 N . . . .

P-.JYancey County EWP/DSRs/DSR 21,22/PCNs/DSR 22/parcels_cane 22_acoe

Figure 1
Site Location Map
April 28, 2005
USGS Mt. Mitchell Quadrangle

Scale I inch = 2000 feet
Cane River - EWP DSR 2004-22 - Pinto
Yancey County, North Carolina

AL T AMONT ENVIRONMENTAL, INC.

IENGINEERING & HYDROGEOLOGyl

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

P:\Templates\Figures in Word\Figure Border.doc

1.

Legend

Figure 2
Cane River DSR 2004-22 Pinto
EWP Project Area
Yancey County, North Carolina
200 0 200 Feet

I I

ALTAMONT ENVIRONMENTAL, INe.
I

Property Boundary
~ Surface Water
~ Roads

IENGINEERING &- H'(OROGEOLOGY
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] F AC. 828.281.3351
www.altamontenvironmental.com

01-15-05

Figure 3
Cane River
DSR No. 2004-22-Pinto
Yancey County, North Carolina

AL T AMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

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

~-

'"'C".r.........~~

ALTAMONT ENVIRONMENTAL, 1Ne.

SCHEMATIC DESIGN DETAIL FIGURE

IENCINEERING &. HYDROGEOLOGYI
50 COu.EGE STREET, ASHEVILLE. NC 28801
TEl. [phone] FAC.828.281.335I
www.altamontenvironmental.com

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STU RYMAN
CLIENT: YANCEY COUNTY
DATE: 04/25/05

NOT TO SCALE

EWP 2004-22-PINTO
CANE RIVER
YANCEY COUNTY, NC

3a

-
....
G)
G)
-
:; 10
....
c.
G)
C

Figure 4. Cane River DSR 2004-22 Pinto Cross-Section

20

top of left bank
- ,.....-
top of right -
-
bank -
-
-
I
I
""
/"
..........
..... bankfull ,.
......
........ J
water surface ./
"- .... -
J'
"-
"- /
- .. --
"- r
f
"-
... - /
~ ..
-...:.. ./

18

16

14

12

8

6

4

2

o
o

20

40

60

80
Width (feet)

100

120

140

160

l

Figure 5
Cane River
DSR No. 2004-22-Pinto
Yancey County, North Carolina

AL T AMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

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

Figure 6
Cane River
DSR No. 2004-22-Pinto
Yancey County, North Carolina

AL T AMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

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

I

L_I

[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]>
Organization:NC DENR
To:Alan Klimek <Alan.Klimek(ciJncmai1.net>, Jim Simons <[e-mail]>,
David Vogel <[e-mail]>
CC:Johanna Reese <[e-mail]>, Nann Guthrie
<N ann. [e-mail]>

~

'.\.Y..,~"

~~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.

lof2

3/17/20056:46 AM

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

Robin W. Smith <[e-mail]>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR

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2 of2

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 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 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 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 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, Jr.