20050874 Ver 1_Complete File_20050519

O? QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
5 North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
May 27, 2005
DWQ Project # 05-0874
Yancey County
Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714
Subject Property: Cane River (EWP DSR 2004-23/24)
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
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on May 19, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification (s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
?321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
phone: [phone]/ FAX [phone] / Intemethttp://h2o.enr.state.nc.us/ncwetlands
SIC; bED4IR
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Pale 2 of 6
May 27, 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 940 (feet) 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.
Page 3 of 6
May 27, 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. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the October 15 to April 15 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.
Pavel of 6
May 27, 2006
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.
Page 5 of 6
May-17,2005
14. If 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://h2o.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 2B. .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.
Page 6 of 6
May 27, 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,
Ala Klimek, P.E., Director
Division of Water Quality
AW K/khb
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: 05-0874. EWP.CaneRiver.Approval
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett. Kevin
WQ Supervisor: Rager Friwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cane River EWP DSR 2004-23/24
Project Number 05 0874
Recv'd From APP
Received Date 5/19/05 RecvdBy Region
Project Type EWP
County Yancey
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 -@N F- 7-3-(13.3) WSII TRHQW 30,407. F_ 940.00
o Y o N Fes(--f_F_f f-
Mitigation Wetland
MitigationType Type Acres Feet
F_ F
Is Wetland Rating Sheet Attached? Q YO N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O YQ N
Is Mitigation required? p Y * N Recommendation: Q Issue 0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 355246 Longitude (ddmmss) 821921
Comments:
issued out of ARO - 05/27/2005 - KHB
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 5/20/05 Project Name: Cane River EWP DSR 2004-23/24
DWQ#: 05-0874
Kevin Barnett, Asheville Regional Office County: Yancey
To: 60-day Processing Time: 5/19/05 to 7/17/05 w, w
s ?
W 9C?
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!
r r r 0608
E NGIN EERING & HYDROGE0LOGY ?
May 17, 2005
Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com
o GC??Q?IC??p
Q

MAY 1 9 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Subject: Yancey County EAT Project Pre-Construction Notification Applications for Recovery
Sites Cane River DSR 2004-23/24 and White Oak Creek DSR 2004-45
Dear Ms. Karoly:
Enclosed are the Cane River DSR 2004-23/24 and White Oak Creek DSR 2004-45 EWP recovery site
applications for Section 404 nationwide permit 37, and corresponding DWQ 401 water quality
certification. Recovery work applied for in this permit includes streambank stabilization and debris
removal. Mr. Stu Ryman has signed the application as an authorized agent for Yancey 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. Dave
McHenry in the Waynesville N.C. Wildlife Resources Commission office.
Altamont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.
Sincerely,
f
)Zan Price, E.I. Chris pher F. ilbert, P.E.
Enclosures: PCN - Cane River DSR 2004-23/24
PCN - White Oak Creek DSR 2004-45
Letter of Authorization
CC: Michele Lawhern - Yancey County Manager (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)
Kevin Barnett - NCDENR Division of Water Quality (with attachments)

P:\Yancey-EWP\Correspondence\DWQ permit cover letter-Karoly-DSE 23,24, 45.doc
dap
MAY 1 9 2005
Office Use Only: DENR - WATER QUALITY Form Version May 2002
?SiaTER BRM
USACE Action M No. DWQ No.
D50874
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing r ,
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Michele Lawhern, County Manager
Mailing Address: 110 Town Square
Yancey County Courthouse, Room I
Burnsville, NC 28714
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: sryman@altamontenvironmental. com
IIL_ Project Information
f Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cane River EWP DSR 2004-23124
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
Higlnray 197 South approximately 6 miles. The first location is adjacent to the Concord
Bridge on the Highway 197 side. The second location is approximately 2 miles further
across the street from where Laurel Moods Drive intersects Highway 197.
5. Site coordinates, if available (UTM or Lat/Long):
35° 52'46.7 X182° 19'21.5 " W (Concord Bridge)
35° 51 '24.3 N/82° 18' 10.7" W (Laurel Woods Drive)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Multiple - See attached Table I
7. Nearest body of water (stream/river/sound/ocean/lake): 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•//h2o.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 and
residential uses. This portion of Cane River was impacted during Tropical Storms Frances
and Ivan. The streambank in both of the stabilization areas was eroded during the flooding,
and is currently unstable.
9. Describe the overall project in detail, including the type of equipment to be used:
This Pre-Construction Notification form addresses two areas of streambank stabilization on
DSRs 23 and 24. DSRs 23 and 24 cover damage from Tropical Storms Frances and Ivan from
the confluence of the Cane River and Cattail Creek downstream to Concord Bridge. The area
addressed by this submittal is entirely located on the parcels shown on Figures 3 and 4, and
detailed in Table 1. The two sites addressed in this submittal are the only sites identified to
date on DSRs 23 and 24 requiring bank stabilization measures.
Since the total disturbed area at each discreet location is less than 0.2 acres, and disturbed
riparian buffer is less than 100 feet for each location, a formal approval of the Erosion and
Sediment Control Plan elements of this proposal is not required, nor is a Trout Waiver
required.
All work 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
streambank stabilization in the area described below as well as localized removal of organic
and mineral debris and streambank re-vegetation.
Cane River is classified as `WSII ; `Trout' waters and High Quality Waters (HQ 99 throughout
the project area.
The following activities are proposed in the project area:
1) Two distinct areas in need of streambank stabilization have been identified, totaling
approximately 155 linear feet (Area 1-90 feet, Area 2-65 feet). Repairs in the areas will involve
the following:
• Stabilize the riverbanks by removing unstable vegetation, placing large angular stone at
the toe of the slope to an elevation above the normal water level, backfilling behind and
above the stone with rocky debris removed from the floodplain or imported to the site,
topping with soil and planting native vegetation.
2) Softening of minor over-steepened banks and riparian planting.
Work will include: streambank 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 streambank repair areas is provided in Figures 3 and 4. Representative
photos are included as Figure 5-8. Repairs for the areas are detailed in Figure 5A - 8A.
Stream bank Stabilization
Streambank stabilization is needed on approximately 155 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 will be used to stabilize the toe of the repaired streambank. The area behind the
large rock will be back(Illed with rocky debris material excavated from the floodplain or
imported material, and soil will be placed on the top of the reconstructed bank to aid in the
establishment of vegetation. The area will be seeded with erosion control vegetation within five
days of 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
The work addressed in this application is intended to improve the post flood hydraulic capacity
of the stream reaches discussed, stabilize severely eroded streambanks that are threatening
structures, and return the areas to pre flood conditions. 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.
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 proceed from downstream to upstream to reduce sediment
loading. All staging areas will be less than half an acre in size. Mork 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 sedimentfence 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 coin fiber or a coir
fiber mixture for maximum erosion protection, vegetation establishment assistance, and for
minimal impact on wildlife. The applicant is considering the use of pre-vegetated coir mats
to improve erosion control measures and speed the revegetation process.
6. During construction, place large boulders and/or coir logs at the toe of repaired
streanbanks where necessary.
7. Fill and compact behind boulders and/or coir logs.
8. Install in-stream flow structures
9. Cover with soil, and a layer of wheat straw, install erosion control mat, and seed.
10. Iinspect and maintain repairs.
4
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 ofproperty 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 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-wads are
used they will be installed so that at least 113 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, coin logs 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 line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally 15-201bs/acre depending on species. With landowner permission, native
shrub and tree species will be planted throughput 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.
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 from 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 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 jloodw•ay 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.
Excessive rocky debris within the flood plain and channel will be removed using an excavator.
The removal of rocky debris will proceed from 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 floodplain 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.
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,
6
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 channel realignment and streambank stabilization. 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 and erosion control measures, including sand bags, silt fences and reseeding, will be
utilized to minimize sedimentation.
2. Individually list wetland impacts below:
There will be no wetlands impacted at this site.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***

7
oa 1o -1;- fill
* List each impact separately anti wentlty temporary lmpacis. 1111pac1s 111c1UUc, Uu, - 1,U . ....... ... ... .• •• - _______o, ?_____o, ___,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEIviA) Flood Insurance Rate Maps
(FnM), or FE14A-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://NNtivtv.fema.2ov.
*** 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. Individually list all intermittent and perennial stream impacts below:
Average Width
Stream Impact Length of Stream of Stream Perennial or
Site Number (see Type of Impact* Impact Name** Before Impact Intermittent?
Figures 3-4) (linear feet) (ft)
Area 1 (Figure 3) Streambank Stabilization 90 Cane River 30 Perennial
Area 2 (Figure 4) Streambank Stabilization 65 Cane River 30 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
xv%vw.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w-vvw.mapquest.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 Ivill be no impacts to open waters.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres
)
Waterbody
Name of
(if applicable) Type of Waterbody
lake, pond, estuary, sound,

(ba , ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
„VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalf of 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 streambank 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 ofground 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 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 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.
9
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http•/Wo enr state nc us/ncwetlands/strmL,ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http•//h2o enr state nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
10
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
11
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage will not change. Erosion and sedimentation prevention and control will be
maintained throughout this project primarily through proper water management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other
potential sources of water pollution will not be stored in areas that could be flooded during this
project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Portable facilities shall be provided at the work site.
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Applicant/Agent's
(Agent's signature is valid

lure Date
an authorization letter from the applicant is provided.)
12
Michele P. Lawhern, County Manager
John Renfro, Chairman
Dean Hicks, Commissioner
Y.ANCEY COUNTY Blaine
Whits n, Commissioner
County Courthouse, Room 11 • Burnsville, North Carolina 28714
PHONE: [phone] • FAX: [phone] a EMAIL: [e-mail]
November 10, 2004
Altamont 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 Government 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.
Te ely ,
le P. Lawhem
Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746
Table 1
Affected Parcels
Cane River DSRs 2004-23 2004-24
Yancey County, North Carolina
MAP ID PIN OWNER Property ADDRESS CITY STATE ZIP Access CHANNEL STEAMBANK
Size Agreement REALIGNMENT STABILIZATION
(acres) Obtained Y/N
120 072800027093000 WILSON BENJAMIN B 21.00 29 CATTAIL CREEK RD BURNSVILLE NC 28714 Y •
33 1071802698300000 SAND KENNETH E. 11.69 IP O BOX 952 BURNSVILLE NC 28714 Y •
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DSR No. 2004-23/24
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EWP 2004-23/24 5a
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DSR No. 2004-23/24 50 COLLEGE STREET, A$HEVILLE, NC 28801
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?f .DATE: 04/28/05
[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" <robin.w.smith(a ncmail.net>
Organization:NC DENR
To:Alan Klimek <Alan.Klimek a,ncmail.net>, Jim Simons <Jim.Simonspncmail.net>,
David Vogel <David.Vogel(a),ncmail.net>
CC:Johanna Reese <Johanna.Reese(d,)ncmail.net>, Nann Guthrie
<Nann. [e-mail]>
LA"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 nf? 3/17/2005 6:46 AD
[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
Robin W. Smith <robin.w.smithPncmail.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: application/msword
EWP letter to counties.doc l Content-Encoding: base64
Content-Type: application/msword
Stream-Clearing Activities-Moc
;'Content-Encoding: base64
2 of 2 3/17/2005 6:46 Ab
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
EAT 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.