20050831 Ver 1_Complete File_20050513

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!(bWd William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 19, 2005
DWQ Project # 05-0831
Mitchell County
Kathy Young, Mitchell County Clerk
Mitchell County Board of Commisioners
Sdministration Building 2
26 Crimson Laurel Circle
Bakersville, NC 28705
Subject Property: Bear Creek EWP M2004-18
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Young:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 340 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 26, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts onto conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
?hone: 919-733-17861 FAX [phone] / Internet: htto l/h 20. en r. state n c.us/ncvvetlands
NordiCarolina
?Vatural&
4n Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
YaP 2 of 6
May 19, 2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 340 feet Bear Creek & Little Bear Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the'North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

gage 3 of 6
May 19, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Bear Creek and Little Bear Creek are classified C, Trout. As such, the following
Administrative Codes apply: 15A NCAC 04B.0125 and 15A NCAC 0213.0211
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. Matting should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas. In addition because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should
be conducted, as necessary, in the spring-time with a native annual and perennial
seed mix with a temporary nursery crop of wheat, millet or other grain.
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.
I'u?C•+Of0
May 19, 2005
9. The channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. Stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Back fill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
13.As long-term stream stability is a concern with this type of work, it is strongly
recommended that woody vegetation be established along stream banks where
possible. Any riparian vegetation planting should be performed in accordance with
the Guidelines for Rini
Buffer Restora
Hh2o.enr.state.nc.u
13. Monitoring
The Permittee shall examine the stabilization work done under this Certification
on an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must
be provided to DWQ's Asheville Regional Office by June 1St of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.
14.The permittee will provide on-site supervision of stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.
Page 5 of 6
May 19, 2005
15. If pasture along the stream is to be used for grazing, the permittee must inform the
appropriate landowners that cattle should be prohibited from damaging riparian
areas and from de-stabilizing the stream banks and channel.
16. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream.
17. Water Quality Certification Notifications
The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.
18. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1508 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.
Fage 6 of 6
May 19, 2005
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
d rr?c?l ?• G_- c?iZ'l ?c'Y?
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
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: 05-0831.EWP.MitchellCounty.Bea rCreek.Approval
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett. Kevin
WQ Supervisor: Roger Fdwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bear Creek EWP DSR M2004-18
Project Number 05 0831
Recvd From APP
Received Date 5113105 Recvd By Region
Project Type EWP
County Alitchell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NW37 Stream O Y O N F_- 7-2-46-1 F_C TR 40,306. F 340.0C
P-17-0 _NF_ I--F-F_ F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
F_ F F_
Is Wetland Rating Sheet Attached? O Y 4N Did you request more info? O Y @N
Have Project Changes/Conditions Been Discussed With Applicant? O Y @ N
Is Mitigation required? O Y O N Recommendation: O Issue o0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 355749 Longitude (ddmmss) 820620
Comments:
Issued - ARO - KHB - 05/10/2005
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 5/16/05 Project Name: Bear Creels EWP DSR M2004-18
DWQ#: 05-0831
Kevin Barnett, Asheville Regional Office County: Mitchell
To: 60-day Processing Time: 5/13/05 to 7/11/05
I r 'i
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
E N G I N E E R I N G & H Y D R O G E O L O G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
May 9, 2005
Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Subject: Mitchell County EWP Project Pre-Construction Notification Application for North Toe
River DSR M2004-05and Bear Creek DSR M2004-18
Dear Ms. Karoly:
Enclosed are six copies of the North Toe River DSR M2004-05and Bear Creek DSR M2004-18
applications for Section 404 nationwide permit 37, and corresponding DWQ 401 water quality
certification. Recovery work applied for in this pen-nit includes streambank stabilization and debris
removal. Mr. Ryman has signed the application as an authorized agent for Mitchell County. A letter of
authorization is included. Additionally, we have sent one copy of the enclosed permit application
directly to Mr. Kevin Barnett in the Swannanoa office, Mr. Scott McLendon of the U.S. Army Corps of
Engineers, Mr. Brian Cole in the Asheville U.S. Fish and Wildlife Service office, and Mr. Ron Linville in
the N.C. Wildlife Resources Commission office.
Altamont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.
Sincerely,
Stuart A. Ryman, P.G.
Enclosures: PCN North Toe River DSR M2004-05
PCN Bear Creek DSR M2004-18
CC: Kathy Young - Mitchell County Clerk to the Board (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)
Kevin Barnett - NCDENR DWQ, Asheville Regional Office
C:\Documents and Settings\Stuart Bills\My Documents\Project SiteWorks\Altamont Environmenta1\AC0EPCNCoverLetter-
DSR5,18\DWQPCNCovcrLctter-Caroly-DSR5,18.doc
I 7
DE IJAl;T?'
V?ETUVI Office Use Only: DS ANDSTORMWATER BRAUCH Fonn Version May 2002
USACE Action ID No. DWQ No.
MAY 1 3 2005
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Natiomvide 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Kathy Young, Mitchell County Clerk to the Board of Comnussioners
Mailing Address: Administration Building, Suite 2
26 Crimson Laurel Circle
Bakersville, North Carolina 28705
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart-A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sryrniaii@altaiiioiiteizvironnieiztal. corns
1
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project: Bear Creek EWP M2004-18
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See attached Table I
4. Location
County: Mitchell County Nearest Town: Spruce Pine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Spruce Pine, follow NC
Highway 226 north toward Bakersville. Turn right on Bear Creek Road (SR 1197) at the
sign for Vulcan Materials Spruce Pine Quarry. Bear Creek Road follows Bear Creek for
much of is length. Sites on Little Bear Creek can be accessed f oin Hamburg Road (SRI 195),
which is reached by turning left off of Bear Creek road approximately %1 mile frronr Highway
226. See attached Figure 1.
5. Site coordinates, if available (UTM or Lat/Long): 35° 57' 49.68" N/82° 06' 20.25" 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 (stream/river/sound/ocean/lake): Bear Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littl://h2o.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:
Land use in the vicinity of the proposed project site consists of priniarily residential uses.
Portions of Bear Creek here heavily impacted during Tropical Storms Frmices and Ivali. In
numerous locations, the stream is clogged with woody and non-native debris, reducing the
hydraulic capacity of the channel. Additionally, three areas of streambank erosion threaten
the stability of adjacent properties and structures.
10. Describe the overall project in detail, including the type of equipment to be used:
The EIVP project area known as DSR No. 1,12004-18 is addressed by this permit application.
The project area consists of Bear Creek and its tributary, Little Bear Creek. The total estimated
disturbed area for activities covered under this PCN is approxiuately 0.76 acres. Since this is
less than the Erosion and Sediment Control Plan permitting threshold of I acre, a formal
approval of the Erosion and Sediment Control Plan elements of this proposal is not needed.
However, the total disturbed length of the buffer area for area I is 240 feet, therefore a formal
request for a Trout waiver is being submitted.
Bear Creek and Little Bear Creek are classified as `Class C' and `Trout' tivaters throughout the
project area. See Appendix A for the environmental checklist from the NC Wildlife Resources
Commission. The following activities are proposed in the project area:
1) 3 distinct areas ill need of stream bank stabilization have been identified, totaling
approximately 3401inear feet. High water flow has severely eroded stream banks in these
areas. In places, the riverbanks are over-steepened and very unstable, threatening
structures and property. Repairs in these areas will involve the following:
• Stabilize the channel in its post flood configuration using organic and rock structures
• Stabilize the river banks by: removing unstable vegetation; stabilizing the toe of the
slope where necessary by placing large angular stone just above the water level, or by
the use offiber logs; backfilling behind and above the stone with rocky debris removed
from the floodplain or imported to the site; topping with planting media and planting
native vegetation.
2) Removal of organic, mineral, and non-native material from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves.
3) Softening of rn:inor over-steepened batiks and riparian planting.
Work will include: stream bank stabilization in several areas described below. Equipment
used to accomplish the above tasks includes: rubber tired skidders, IS ton dump truck,
hydraulic track mounted excavator with thumb, and chainsaws.
The general location of the 3 stream bank repair areas is provided in Figure 2. Representative
photos from these areas are included as Figures 3 through 6 Repairs for each of the areas are
detailed in Figures 3A through 6A.
Streambank Stabilization
Streambank stabilization is needed on approximately 340 feet of banks within the project area.
Stabilization is required at the three distinct locations shown in Figure 2.
Repair at each of the three areas will generally include stabilizing the bank in its current
location. A key in trench will be excavated on the outside of the curve at the base of the existing
slope as necessary. Large (three to four foot diameter) angular rock, large diameter logs
(greater than 2 feet), and/or natural fiber logs will be used to stabilize the toe of the bank at
high stress locations (e.g. the outside of bends). A second tier of material will be used, as
needed. The area behind the material will be backfrlled with rocky debris material excavated
from the floodplain or imported material, and topsoil will be placed on the top of the
reconstructed bank to aid in the establishment of vegetation. Where sufficient space is
available a bankfull bench will be constructed in the fill area to increase hydraulic capacity and
enhance future bank stability. The area will be seeded with grasses upon completion of heavy
equipment work. With the landowner's permission, live stakes and bare root stock native trees
and shrubs will be planted on top of the bank stabilization work. In areas where high stress oil
the toe is not expected (e.g. the inside of bends and straight sections with low banks), the use of
large material is not necessary, and logs or natural fiber logs will be used to provide the
necessary toe stabilization. This will occur at area 2.
Work will be performed from the riverbank to the extent possible. In some locations, work will
occur in the dry above the normal water surface level. However, given the existing condition of
the stream bank and channel at these locations, it is likely that the stabilization of the toe of the
banks will occur in the wet. In such cases, sand bags, or the equivalent, will be used to deflect
water flow away firorn the work area, as well as prevent water from accumulating in the work
area. Standard erosion and sedimentation control measures, as subsequently described, will be
utilized throughout the project.
The work addressed in this application is intended to improve the post-flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded strearnbanks that are threatening
structures. The proposed actions are not intended to enhance existing conditions or restore the
stream reaches using natural channel design techniques. Such activities would require detailed
engineering evaluation and design, which are beyond the intent of the EWP program.
On May 2, 2005, in anticipation of upcoming work under the EWP Program, the Board of
Commissioners of Mitchell County passed a resolution authorizing access to private land in
order to conduct EWP repairs. For this reason, individual Access Agreements are not
necessary for the work proposed in this PCN. A copy of the resolution is attached to this
application. A summary ofproperty owners is included as Table 1.
At the site, work shall proceed from downstream to upstream to reduce sediment loading. All
staging areas will be less than half an acre in size. Work will proceed as follows at each work
area (as applicable):
1. Flag the work limits.
2. Mark live trees and shrubs to be protected.
3. Construct temporary construction entrance%xits where necessary.
4. Install sediment fence around staging areas.
5. At the end of each workday install erosion control matting on exposed soil using removable
stakes. Erosion control mats will be constructed of coin fiber- or a coin fiber mixture fabric
for Maximum erosion protection, vegetation establishment assistance, and for minimal
impact on wildlife. The applicant is considering the use ofpre-vegetated coir mats to
improve erosion control measures and speed the re-vegetation process.
6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired
streanibanks where necessary.
Z Fill and compact behind boulders, logs, or fiber rolls. Cover with topsoil, install erosion
control mat, and seed.
8. Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the ETVP program is not intended to fund stream restoration design or construction work.
Rather, the ETVP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss ofproperty or life. Because natural channel
design methods are beyond the scope of the ETVP program, published literature values were
consulted in order to 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 used for streambank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. If root-lvads are
used they will be installed so that at least 113 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, and natural fiber erosion control mats will be
used for streambank 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 lime the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally I5-201bs/acre depending on species. Native shrub and tree species will be
planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and
providing future shading to the channel. Existing woody vegetation will be preserved to
minimize project impacts. The following steps ivill 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.
Temporary seeding will be accomplished using an application rate of 120 pounds per acre.
Tall fescue will not be used in riparian areas.
3. When possible sod will be taken from 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 and Rocky 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 performing
debris removal tasks will be instructed to access debris on both sides of the river fi°om the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel. 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 free debris jams
being removed. In addition, large debris being pulled from the riverbank may result in some
riverbank scour. The applicant will instruct contractors performing the work to refrain from
cutting any live vegetation unless it is leaning toward the river at more than a 30-degree angle
and the river is entrenched or the riverbank is unstable at that point. Debris removed will be
hauled off site or chipped and disposed of in the flood 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 floodway 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 canopy trees. Dead trees that provide den
habitat and are determined to pose no hazard to the channel shall be protected.
Rocky debris within the flood plain and channel that reduces the hydraulic capacity of the
channel tivill be removed using an excavator. The removal of rocky debris will proceed fronn the
stream channel back toward the streambank allowing the excavator to work on the debris pile.
The reconfigured floodplain will be shaped in a manner intended to restore the hydraulic
capacity of the stream system. Rocky debris removed from the f oodplain will be used to
stabilize the streambank, 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 streambank or will be hauled off site. In no case shall the deposited material be placed at an
elevation higher than the existing streambanks.
6
11. Explain the purpose of the proposed work:
The work being described is exigency work udder the Emergency 47atershed Protection program
to protect existing property and structures. Streambank stabilization will also prevent further
erosion and sedimentation to the Bear Creek and North Toe River resource.
IV. Prior Project History
If jurisdictional deternlinations 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 pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Proposed impacts include stream bank stabilization
equipment out of the stream channel except wh
stabilization measures. fork will be conducted in
and erosion control measures, including sand bags,
minimize sedimentation.
2. Individually list wetland impacts below:
There will be no wetlands impacted at this site.
. Precautions will be taken to keep heavy
ere absolutely necessary to install bank
the dry to the extent practicable. Sediment
silt fences and reseeding, will be utilized to
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditch in g/drai n age, etc. For dams, separately list impacts due to both structure and flooding.
* * 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A
3. Individuallv list all intermittent and perennial stream impacts below:
Stream Impact Length of
Stream Average Width
of Stream
Perennial or
Site Number (see Type of Impact* Impact Name** Before Impact Intermittent?
Figure 2) (linear feet) (ft)
Area 1 (Figures 3 Streambank Stabilization 240 Bear Creek 8 Perennial
and 4)
Area 2 (Figure 5) Streambank Stabilization 30 Little Bear
Creek 5 Perennial
Area 3 (Figure 6) Streambank Stabilization 70 Little Bear
Creek 5 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS traps are available through the USGS at 1-800-358-9616, or online at
www.usp,s.rov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapgucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 340 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
There will be no impacts to open waters.
Open Water Impact
Site Number

(indicate on ma)
Type of lm act*
p Area of
Impact

(acres)
Name of Waterbody
(if applicable) Type of Waterbody

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

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalfofMitchell County, 41tainont willprovide 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 streanbank 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 channel. Tennpora y 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 installed on the riverbank upon completion of bank
stabilization work Mitchell County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are being followed..
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in deterniining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.ne.us/ncwetlands/stmigide.htinl.
10
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 N No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Envirommental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for envirommental documentation.
Yes ? No N
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following infonnation:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage will not change. Erosion and sedimentation prevention and control will be
maintained throughout this project primarily through proper water management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other
12
potential sources of water pollution will not be stored in areas that could be flooded during this
project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Portable facilities shall be provided at the work site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these pen-nits. 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
S'X` /OS
Applicant/Agent's Sig ature Date
(Agent's signature is valid onl if an authorization letter from the applicant is provided.)
13
May 03 05 09:51a

NORTH CAROLINA
AN EMERGENCY PROCLAMATION
OF THE
MITCHELL COUNTY BOARD OF COMMISSIONERS
p.2
MITCHELL COUNTY
WHEREAS, Mitchell County suffered "severe flooding" during the month of September, and
WHEREAS, severe property damage has occurred within Mitchell County, creating debris
accumulation and mud slides; and
WHEREAS, pursuant to Chapter 166A of the General Statutes and Article 36A Chapter 14 of
the General Statutes, an emergency proclamation was issued to maintain order
and protect lives or property during the state of emergency.
i
NOW, THEREFORE IT IS PROCLAIMED by the Chairman of the Mitchell County Board of
Commissioners that it is necessary to authorize county officials, their agents, or
assigns to enter onto private property within Mitchell County for the purpose of
removing debris accumulation and stabilizing mud slides.
IT IS FURTHER PROCLAIMED that the Mitchell County Board of Commissioners adopted an
Emergency Proclamation on September 29, 2004 to take effect upon its
execution and remain in effect for one hundred and eighty days thereafter. It has
since been determined that term needs to be extended for and additional one
j hundred and eighty days for a total of three hundred and sixty days.
Proclaimed this the 2"d day of May 2005.
C4eitasters, Chairman
Attest:
4L gn Ka9% Cler! to the Board
R
fla31 Feb 17 05 04:50p p.1
u
13 n
13 L
c
a '' R ?Y
i
oI{ITCHELL COUNTY
26 CRIMSON LAUREL CIRCLE, Suite 1 E-mail: mitcty(Dmitchell.main.naus
BAKERSVILLE, NC 26705 ii
Telephone: [phone] Fax: [phone]
February 17, 2005
Altamont Environmental; Inc.
50 College Street
Asheville, NC 28801
Dear Stu:
On January 20, 2005 at the Special Session of the Mitchell County Board of
Commissioners, they executed a contract for professional services relative to
EWP Project. Pursuant to this the Mitchell County Board of Commissioners
upon approval by County Attorney Hise, hereby authorizes Altamont
Environmental, Inc. to sign and execute all necessary permits and coordinate
communications with said regulatory agencies.
If you should have any questions concerning this matter or require additional
information, please do not hesitate to contact me.
Sincerely,
?
?? G?
Phil Castro
Acting County Manager
Table 1
Affected Parcels
Bear Creek DSR No. M2004-18
Mitchell County, North Carolina
BANK
REPAIR
AREA
NO.

IN

WNER

DDRESS

ITY

TATE

IP

PARCEL SIZE
(ACRES)

STREAMBANK
STABILIZATION
1 0882-00-25-7466 Irene Sparks 60 Greenway Court Spruce Pine NC 28777 2.63 x
2 0882-00-03-4233 Deborah Huskins 2146 White Oak Creek Rd. Burnsville NC 28714 10.66 x
2 0872-00-93-9170 Kenneth Silver 634 Hamburg Road Bakersville NC 28705 1.25 x
3 0872-00-92-9064 Mildred Buchanan 117 Hamburg Way Bakersville NC 28705 3.16 x
3 0872-00-91-9879 Mildred Buchanan 117 Hamburg Way Bakersville NC 28705 0.32 x
tPWndoned
N
PIZZIO Knob
Cow MITI knob, w [ 1
_ 4-
Dan COX Knoti_-- i. , S
_edford Cem -J
©ME12
?-
ilson Knobo U s S ream Limit
i 3508
The Narrows { i
High ICnab
Abandored
\ \ U 1 _
CK a a l J a i
/
8 Id'
•I ?l i c.\? 1 e)// ?\ (9? Upstream Limit I.?l '/ /I1
i ? ? 1107 J?i? t?_• r// ?, ?'? A ? A ,r' /? < ?''???
it ? ?,?? •?? ?? ?
r
7111 'Y
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1
Downstream Limit
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idge
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ctmi
o
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r
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Sclt '`?,.M, ?j ?- _( i -- ?. ,?h•? i J 1 _ ) •-`. -
Figure 1
Site Location Ma
DSR M2004 - 13
Bear Creel:
Mitchell County, North Carolina ENGINEERING & H Y D R O G E O L O G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801
2000 0 2000 4000 Feet TEL. [phone] FAC. 828.281.3351
-- ww v.altaiuonteiivironmeiital.com
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Figure 2
Streambank Stabilization Areas
DSR M2004 -18
Bear Creek ENGINEERING & HYDROGEOLOGY
Mitchell County, North Carolina ---- - - --
50 COLLEGE STREET, ASHEVILLE, NC 28801
c 1000 4 1000 2000 Feet TEL. [phone] PAC. 828.281.3351
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Figure 3
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Mitchell County, North Carolina
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www.altamootenvironmental. coin
DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN
CLIENT: MITCHELL COUNTY
DATE:
PROPOSED BANK
REPAIRS
BEAR CREEK AREA I
UPSTREAM PORTION
DSR No. M2004-18
MITCHELL COUNTY, NC
FIGURE
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DRAWN BY: PAUL Dow DSR No. M2004-18
PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC
CLIENT: MITCHELL COUNTY
DATE: 05/05/05

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Bear Creek Area 2: ENGINEERING & H Y D R 0 G E 0 LOGY
DSR No. M2004-18
50 COLLEGE STREET, LLE, NC 28801
Mitchell County, North Carolina FAC.
TEL. [phone] Fac .828.281.3351
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ALTAMONT IENVIRONMIFNTAL, INC. PROPOSED BANK FIGURE
N I N R I N H Y R Y REPAIRS
i0 COLLEGE STREET, ASHEVILLE, NC 28801
TEL [phone] FA281.3351 5A
www.altamontenvironmentnmental.com BEAR CREEK AREA 2
DRAWN BY: PAUL Dow DSIR No. M2004-18
- ° - - PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC
CLIENT: MITCHELL COUNTY
DATE: 05/05/05
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-. altamontenvironmental. com
U. a DRAWN BY: PAUL Dow
PROJECT MANAGER: STU RYMAN NOT TO SCALE
CLIENT: MITCHELL COUNTY
_ DATE: 05/05/05
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PROPOSED BANK FIGURE
REPAIRS
BEAR CREEK AREA 3 6A
DSR No. M2004-18
MITCHELL COUNTY, NC

. [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Robin W. Smith <[e-mail]>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR
Content-Type: message/rfc822
[Fwd: [Fwd: STream Clearing Activities]] ' Content-Encoding: 7bit
Content-Type: message/rfc822
[Fwd: STream Clearing Activities] Content-Encoding: 7bit
Content Type: application/msword
EWP letter to counties.docContent-Encoding: base64
[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 <Lauri [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 200515:43:18 -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 a,nctnail.net>, Jim Simons <Jim.Simons@,ncmail.net>,
David Vogel <David.Vogeingncmail.net>
CC:Johanna Reese <Johanna.Reesend,ncmail.net>, Nann Guthrie
<Nann.Guthrie0ncmail.net>
(Ail: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday. We will hand-deliver a memo containing the same
basic information to the mountain area legislators tomorrow. We are
also working with the Governor's Office on a news release; I am not sure
how soon that will go out. Give me a call if you have any questions.
Thanks for working toward getting meetings set up. Robin.
1 of 2 3/17(2005 6:46 AM
[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
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 200515:43:18 -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 a,ncmail.net>, Jim Simons <Jim.Simonsnncmail.net>,
David Vogel <David.Vogelnncmail. net>
CC:Johanna Reese <Johanna.ReesePncmail.net>, Nann Guthrie
<Nann.Guthrie a ncmail.net>
?P:11: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday. We will hand-deliver a memo containing the same
basic information to the mountain area legislators tomorrow. We are
also working with the Governor's office on a news release; I am not sure
how soon that will go out. Give me a call if you have any questions.
Thanks for working toward getting meetings set up. Robin.
1 of 2
3/17/2005 6:46 AM
[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Robin W. Smith <robin.w.smith a,ncmail.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR
Content-Type: message/rfc822
[Fwd: [Fwd: STream Clearing Activities]]
Content-Encoding: 7bit
Content-Type: message/rfc822
[Fwd: STream Clearing Activities]
j Content-Encoding: 7bit
Content-Type: application/msword
EWP letter to counties doc
Content-Encoding: base64
----- --------
Content Type: application/msword I
Stream-Clearing Activities-Moc
Content Encoding: base64
2 of 2 3/17/2005 6:46 AN
February 25, 2005
Page 1 of 2
February 25, 2005
RE: Emergency Watershed Protection Stream-Clearing Projects
Dear
I know that County experienced stream damage as a result of the fall
hurricanes. Our department would like to work closely with your county to insure that
stream restoration projects receiving state and federal funds under the Emergency
Watershed Protection (EWP) program move as smoothly as possible through the
environmental review and permitting process. I have enclosed for your information a
brief summary of the types of permits and approvals that may be required for these
projects. For projects that involve work directly affecting the streambed, the United
States Army Corps of Engineers will be the primary environmental permitting agency.
For those projects, our staff in the Division of Water Quality and the Division of Land
Resources play a supporting role and issue related state approvals.
I have asked our staff to meet with all of the western counties, either individually or in
small groups, to talk about each county's proposed stream restoration projects and answer
your questions about permit requirements. Our staff will ask the Corps of Engineers and
Soil and Water Conservation staff to join in those meetings in an effort to put together a
plan of action for reviewing and approving stream restoration projects as quickly as
possible. You should receive a telephone call from DENR staff soon to talk about a date
and time that would be convenient to meet and talk about your projects.
I have also directed our staff to waive fees for state water quality certifications (under
Section 401 of the Clean Water Act) and for approval of erosion and sedimentation
February 25, 2005
Page 2 of 2
control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP pen-nit 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.