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HomeMy WebLinkAbout20050948 Ver 1_Complete File_20050601MEMORANDUM TO: John Dorney Regional Contact: Kevin Barnett Non-Discharge Branch WQ Supervisor: BocleLEdwards Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jacks Creek 1LWP 2004-52 Project Number 05 0948 Recvd From APP Received Date 5131105 Recvd By 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. NW 37 Stream O Y O N -F-7-263 ?? 40,306. 290.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y *N Have Project Changes/Conditions Been Discussed With Applicant? O Y Oo N Is Mitigation required? O Y * N Recommendation: O Issue 0 Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 355835 Longitude (ddmmss) 821749 Comments: Issued ARO - KHB - 06/102005 cc: Regional Office Central Office Page Number 1 Triage Check Dist Date: 06/07/05 Project Name: Jack's Creek EWP 2004-52 DWQ#: 05-0948 County: Yancey Kevin Barnett, Asheville Regional Office To: 30-day Processing Time: 06/01/05 to 07/01/05 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! E N G I N ..E E R I N G & H Y D R O G E O L O G Y 2 50 COLLEGE STREET, ASHEVILLE, NC 28801 p 5 U9 4 D TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com May 25, 2005 [2 @ R 0 Ms. Cyndi Karoly Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 JUN I ?00DENR • VJ,4I FR u.5. 'ArwoS ANDS u:',;V+A i Subject: Yancey County EWP Project Pre-Construction Notification Applications for Recovery Sites South Toe River DSR 43-Robinson, Jacks Creek DSR 52, and Elk Wallow Creek DSR 53 Dear Ms. Karoly: Enclosed are the South Toe River DSR 43-Robinson, Jacks Creek DSR 52, and Elk Wallow Creek DSR 53 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, Stuart A. Ryman, P.G. Chris her F. Gilbert, P.E. Enclosures: PCN - So Ith To the SR 43-Robinson CN - Jacks Creek DSR 52 PCN - Elk Wallow Creek DSR 53 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 52, 53, 43-R.doc Office Use Only: Form Version May 2002 USACE Action ID No. D`VQ No. (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: 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 6"1 20Y LS Name: Michele Lcmvheng County Manager @ Mailing Address: 110 Totivn Square JUN 1 2005 Yancey County Courthouse, Room 1 DENrJ ti?A'rr+? Burnsville, NC 2871 1?E - TW"OSAf'o STO?NWATt t SU ,CH Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: rn.larvheriz@countyrntaizager.yanceycoimty.org 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: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sryrntaii@altamoiiterrvironrnreittal.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Jacks Creek EWP 2004-52 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: Yancey County Nearest Town: Burnsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow Highway 19E East towards Burnsville. Turn left on Jacks Creek Road just after crossing the Cane River (approximately two miles west of downtown Burnsville). Continue approxirately six miles on Jacks Creek Road. The proposed repairs at the school site will be on the right. The project site continues downstreani to the confluence of the North Toe River and Jacks Creek. See attached Figure 1. 5. Site coordinates, if available (UTM or Lat/Long): 35° 58' 35.15" N/82° 17' 49.95" W (approximate center of project area) - See attached Table 2 for specific repair area coordinates (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): Jacks 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 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: The proposed project site consists of open woodland, residences, and an elementary school. The stream and stream banks were heavily impacted during Tropical Storms Frances and Ivan. T12o streambank is littered with excessive woody and non-native debris. Which, if suspended during another high flow event, could clog downstream bridges or culverts and direct channel flows into vulnerable stream banks. Extensive stream bank erosion on the left bank near the Clearnnont Elementary School threatens the stability of structures associated with the school. 9. Describe the overall project in detail, including the type of equipment to be used: This Pre-Construction Notification form addresses the entirety of DSR 52. DSR 52 covers front the upstream portion ofJacks Creek approximately 4.75 miles until the confluence ofNorth Toe River and Jacks Creek. The project also covers Hampton Branch approximately 1.5 miles upstream from the confluence of Jacks Creek and Hampton Branch. It is anticipated that the majority of the work in this section will consist of streambank stabilization on Hampton Branch just upstream of the con f uence with Jack's Creek (See Figure 2). The post flood condition threatens the stability and safety of property, driveways, roads and associated structures. Less than one-acre will be disturbed during streambank stabilization and planting activities. Both Hanpton Branch and Jack's Creek are designated by the State of NC as "C" streams, not "Tr" (trout) streams. Therefore neither for»nal Erosion aind Sedinnnennt Control Plan, nor a Trout Waiver will be necessary for this site. All work will be performed as per conversations between Altannont Environmental, USArniy Corps of Engineers, NC Wildlife Resources Conunission, 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. Both Hampton Branch and Jacks Creek are designated by the State of NC as "C" classification streams throughout the project area. The following activities are proposed in the project area: 1) Three distinct areas in need ofstreambank stabilization have been identified, totaling approximately 2901inear feet. Repairs in this area will involve the following: • Stabilize the riverbanks by removing unstable vegetation, placing large angular stone or coir logs at the toe of the slope to at elevation above the normal water level, backfilling behind and above the stone and/or coir logs with rocky debris removed front the floodplain or imported to the site, topping with soil and planting native vegetation. Additionally, in-strewn structures will be used to deflect flow front the stream bank where appropriate. 3 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. Work will include: streambank reconstruction and 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 area is provided in Figure 2. A representative typical photograph of damage for the streambank stabilization area is included as Figures 3,4, and 5. Repair for each of this area is detailed in Figure 3A, 4A, and SA. Typical in-stream structure detail is included in Figure 6 Streambank Stabilization Streambank stabilization is needed on approximately 290 linear feet of banks within this project area. A key in trench will be excavated at the base of the existing slope as necessary. Large (two to three foot diameter) angular rock will be used to stabilize the toe of the bank. Large rock will be used at the toe of the slope. The area behind the boulders will be backfilled 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. 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. Stabilization of streambanks and construction of structures will require placement of material in wet conditions. In such cases, sand bags, or the equivalent, will be used to deflect water flow away from the work area, as well as prevent water from accumulating in the work area. Standard erosion and sedimentation control measures will be utilized throughout the project. 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 to 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. 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 entrancelexits, where necessary. 4. Install sediment fence around staging areas. 5. At the end of each workday install erosion control matting or geotextile fabric on exposed soil using removable stakes. Erosion control mats will be constructed of 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 ofpre-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 strearnbanks where necessary. Z Fill and compact behind boulders and/or coir logs. Cover with soil, install erosion control mat, and seed. 3. 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 firnd 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 of property 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 drat 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, coir 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 charnel to provide immediate stability. Live stakes and matting staples will be used to secure the ECfabric/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. TVith landowner permission, native shrub and tree species will be planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and providing furture shading to the channel. Existing woody vegetatioru tivill be preserved to nuiruirnrize 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. Straw mulch and tall fescue will not be used in riparian areas. IV. 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. 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 North Toe River. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. 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 involve streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. TVork 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*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://%vww.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, ctc.) 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: Stream Impact Length of Average Width of Perennial or Site Number Type of Impact* Impact (linear Stream Name** Intcmvttent7 (indicate on map) feet) Stream Before Impact (please specify) Location 1 Figure 2 Strcambank stabilization 60 Hampton Branch 15 Perennial and rock vane installation Location 2 Figure 2 Streambank stabilization 80 Hampton Branch 15 Perennial and rock vane installation Location 3 Figure 2 Streambank stabilization 150 Hampton Branch 15 Perennial and rock vane installation * 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maDquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 290 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 Impact* Area of Impact (acres) Name of Watcrbody Cif applicable) Type of Watcrbody (lake, pond, estuary, sound, bay, 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: NA 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 ivill provide contractors engaged in the implementation of this work both ivritten and verbal instructions of all impact avoidance statements provided below. All heavy equipment tivill be kept out of the stream channel during streambank stabilization and stream relocation ivory 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 ivithin S 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. 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 9 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://h2o.enr.state.ne.us/newet]ands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o. enr. state. nc.us/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 ® No ? 10 If yes, does the project require preparation of an envirommental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B.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 I 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) 11 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 capacityfor 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. 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 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 Applica t/Agent'ignature . Date (Agent's signature is valid my if an authorization letter from the applicant is provided.) 12 Michele P. Lawhern, County Manager John Renfro, Chairman ean Hicks, Commissioner hitson, Commissioner YANCEY COUNTY Blaine W County Courthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • FAX: (828) 682-4301 • EMAIL: mlawhern@yancey.main.nc.us 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 pennits 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. Sin ely, i hele P. Lawhem Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 TABLE 1 AFFECTED PARCELS JACKS CREEK DSR 2004-52 YANCEY COUNTY, NORTH CAROLINA MAP ID PIN OWNER Property Size (acres) ADDRESS CITY STATE ZIP Exigency? STEAMBANK STABILIZATION 189 082200463395000 YANCEY COUNTY BOARD OF EDUCATION 6.8 1175 CLEARMONT SCHOOL RD BURNSVILLE NC 28714 Y O 2--17 t082200452957000 KENNETH B& KELLY D MCCURRY 3.7 105 HILL RD GREEN MTN NC 28740 Y O P:/Yancey EWP/DSR/DSR 47/Parcels-JACKS CREEK TABLE 2 REPAIR AREA COORDINATES JACKS CREEK DSR 2004-52 YANCEY COUNTY, NORTH CAROLINA Jacks Creek EWP Project Area 2004-52 Repair Area Coordinates Area Latitude Longitude 1 35.9748341 1 82.2967956 2 35.9755076 82.2965206 3 35.9764402 82.2971341 Downstream Project Limits fwin? }North-Behd-?V:h? N 1/" Aq ar ICh 11 - G io? . e mon Upstream r cs Project Limits ?\ ;•? ?r? D 13 k _ ' a ?- oo ea onto ?. . J ? t o • 1 ' I l i I? t I i . 1 fly,- I. Up `L :r < Proje streamr ct Limits Figure 1 Site Location Map January 18, 2005 ENGINEERING 8 H V 0R0GEOLo GY USGS Burnsville Quadrangle 50 COLLEGE STREET, ASHEVILLE, NC 28801 Scale 1 inch = 2000 feet TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.coin Jacks Creek - EWP 2004-52 Yancev Countv. North Carolina P:\Templates\Figures in Nord\Figure Border.doc ¦ ? ? '111 ¦ .7 %L•w. d z f' 11ti '44. ??1 f 1¦ 1 - ¦ - rw - ¦ = -¦ ¦ ¦ ¦ 7 1u 1 p 'L • (. r1.,. I n ?,w WIL CO .¦ Y •. Z ' ca .? 1. N m fr . ¦ A • ? ti r 1 ca O N ? Q?r .1" w .r • e14 r? ' so .4 C - ?. - O ca , U Y C -0 ' M E Q U) '1. C O N ca Y C ca r E fa ? Q U) N U v z M eo a N J N y WW 00 dw S c W ? c M W (n N N w00 ?0 as o? 0 0 0 N :.. O ?N ! c aV L• : • _ z - •? w.:..= A C) a ? N -- I r' 1 I Gf C C w ? 'Q ?- Q .r'?• .1•? 1 ••IT' I ` ? N - 1 ? •- • L • rr Q k not- 4 r _?• ^'.`T..y, Y+ . - Area 3 .. 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Ly' w:: 'j " f _=. `{._ •M 1 �•'� ` tom•_ BACKFlLL1NfiTH EXCESS RbCk'Y ,pB►� SOIL, EROSI CONTROL VATTING, -AFI TOP VAW .� REVEGET • ��� , ::��t ; - .I TALI: � -- - - -�, r r PROPOSED BANK 1 + r r r • ' - ,�- ALTAMONT ENVIRONMENTAL, INC. REPAIRS PR 50 COLLEGE STREET, ASHEVILLE, NC 28801 .Y'� • .Y�V Sc, , FAC828.281.3351 AREA JACKS CREEK•* DRQ Dow EWP 2004-52 .y..r ` ,? - ?v j' `' r /r? ?( '? I ii t •ji?! ti dI y 1 '' . .?'.p'MKMhaI ? 't M' r ?,?„ J f '? I ',4,' .( (g7yyry(?(fy/ G 41 t'?" rM 'UA? '. N W, ?k si t? ?' s t •, r' 4 r- - .. y4 y- ?. ,jU?or?• ?"r?`r N,ta t '? r ,? . }? r y ? 4 Yy?;?+ti' ,Ff <7bt it -.is lRr1 ,??T'. µ?,.: 1,4 4? r 4 rrg? ` ` r v s4? /:wlG?? : ti'?nF, •?.'01, •Y ?nl'"' 'SP °F f: ? r'l s Figure 4 Area 2 Jacks Creek DSR No. 2004-52 Yancey County, North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com .. .i ..a' , i 'tc' 1 ? .,..W .q.. 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ASHEVILLE, NC 28801 TFL 328.281.1350 F.AC.828.2313351 AREA 2 4 a yp '? www.altamontenvironmental.com JACKS CREEK DRAWN BY: PAUL Dow EWP 2004-52 PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: YANCEY COUNTY YANCEY COUNTY, NC DATE: 05/12/05 FILE PATH: P:\YANCEY-EWP\DSRS\DSR 52 - JACKS CREEK\CONCEPTUAL DESIGN PHOTOS.DWG i fi 1 I V,. ;f Figure 5 Area 3 Jacks Creek DSR No. 2004-52 Yancey County, North Carolina Mix t+\w E N -GI N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, AsHEVRLLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altanioiitcnvii-oninental.com =mow `r - .? AIX, . 1 - r f ? ' _' 1L+u--.3'ar 1?.rR•r- *S iii 1?: : . - -. .-...rte... Y? T i - y¢t.. - .. y!i. WrA'W 4? . ei ?1A J 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 Ww .altamontenvironmental.Com DRAWN BY: PAUL Dow PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: YANCEY COUNTY DATE: 05/12/05 PROPOSED BANK FIGURE REPAIRS AREA 3 5a JACKS CREEK EWP 2004-52 YANCEY COUNTY, NC FILE PATH: P:\YANCEY-EWP\DSRs\DSR 52 - JACKS CREEK\CONCEPTUAL DESIGN PHOTOS.DWG FOOTER-/ PROFILE VIEW TYPICAL J HOOK DETAIL NOT TO SCALE J MIN. _._.4._._._._._._._._. BOULDERS z ' MI CROSS SECTION VIEW PROFILE VIEW FLOW DIRECTION RS SCOUR POOL TYPICAL CROSS VANE DETAIL NOT TO SCALE FLOW IRECTION B 92 1 /3 W C 1/3 W \1/3W GAPS (1/4-1/3 RO K DIA.) / o Oo 2 1 SCOUR POOL 1 PLAN VIEW FLOW DIRECTION PLAN VIEW 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 ww .altamontemironmental.com SOURCE: APPLIED ECOLOGICAL SERVICES, INC DATE DRAWN BY: ZAN PRICE PROJECT MANAGER: STUART A.RYMAN CLIENT: YANCEY COUNTY DESCRIPTION BY CHK APV DATE: 05/16/05 SCALE: NOT TO SCALE 24" FIELDSTONE LDERS TRENCHED IN 3' MIN. AND COVERED SILL MUST BE TIED IN TO BANKFULL ELEVATION TYPICAL J HOOK AND FIGURE CROSS VANE DETAILS EMERGENCY WATERSHED PROTECTION 6 YANCEY COUNTY, NC CROSS SECTION VIEW Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (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: 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 M (? 1. Owner/Applicant Information v ??JI -? Name: MlcheleLatvherii, CountyMarurger Mailing Address: 110 Tomi Square JUN ? 2005 Yancey County Courthouse, Room 1 DEN( - YJATER QUHUTY Burnsville, NC 28714 V,,ETw4D8 AND STOMWAT6 5W CH Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: ni.laivhern@countyiiiaiiager.yaliceycouiity.org 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. Ryinan Company Affiliation: Altamont Enviroiiineiital, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sryiiiaii@a altaiiionteiivlroiiiiieiital.coiii III. Project Information Attach a t icinity 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: Jacks Creek EWP 2004-52 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.): Follow Highway 19E East towards Burnsville. Turn left on Jacks Creek Road just after crossing the Cane River (approximately two miles west of downtown Burnsville). Continue approximately six miles on Jacks Creek Road. The proposed repairs at the school site will be on the right. The project site continues downstream to the confluence of the North Toe River and Jacks Creek. See attached Figure 1. 5. Site coordinates, if available (UTM or Lat/Long): 35° 58' 35.15" N1820 17' 49.95" Ty (approximate center of project area) - See attached Table 2 for specific repair area coordinates (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): Jacks 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 http://h2o.enr.state.ne.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: The proposed project site consists of open woodland, residences, and an elementary school. The stream and stream banks were heavily impacted during Tropical Storms Frances and Ivan. The streambank is littered with excessive woody and non-native debris. Which, if suspended during another high flow event, could clog downstream bridges or culverts and direct channel flows into vulnerable stream banks. Extensive stream bank erosion on the left bank near the Clearnnont Elementay School threatens the stability of structures associated with the school. 9. Describe the overall project in detail, including the type of equipment to be used: This Pre-Construction Notification form addresses the entirety of DSR 52. DSR 52 covers from the upstream portion of Jacks Creek approximately 4.75 miles until the confluence of North Toe River and Jacks Creek. The project also covers Hampton Branch approximately 1.5 miles upstrean from the confluence ofJacks Creek and Hampton Branch. It is anticipated that the majority of the work in this section will consist of streambank stabilization on Hampton Branch just upstream of the confluence with Jack's Creek (See Figure 2). The post flood condition threatens the stability and safety ofproperty, driveways, roads and associated structures. Less than one-acre will be disturbed during sireannbank stabilization and planting activities. Both Hampton Branch and Jack's Creek are designated by the State of NC as "C" streanns, not "Tr" (trout) streams. Therefore neither formal Erosion and Sedirnnernt Control Plan, nor a Trout Waiver will be necessary for this site. All work will be performed as per conversations between Altanont Environmental, US Arnry 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 rennoval of organic and nnineral debris and streambank re-vegetation. Both Hampton Branch and Jacks Creek are designated by the State of NC as "C" classification streams throughout the project area. The following activities are proposed in the project area: 1) Three distinct areas in need of streambank stabilization have been identified, totaling approximately 290 linear feet. Repairs in this area will involve the following: Stabilize the riverbanks by removing unstable vegetation, placing large angular stone or coin logs at the toe of the slope to an elevation above the normal water level, backfnlling behind and above the stone and/or coin logs with rocky debris removed from the floodplain or innported to the site, topping with soil and planting native vegetation. Additionally, in-stream structures will be used to deflect flow from the stream bank where appropriate. 3 2) Removal of organic, mineral, and non-native material fronz areas where the hydraulic capacity of the stream channel has been reduced based upon evaluation of existing cross- sections and regional curves. Work will include: streambank reconstruction and 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 area is provided in Figure 2. A representative typical photograph of damage for the streambank stabilization area is included as Figures 3, 4, and 5. Repair for each of this area is detailed in Figure 3A, 4A, and SA. Typical in-stream structure detail is included in Figure 6 Streambank Stabilization Streambank stabilization is needed on approximately 290 linear feet of banks within this project area. A key in trench will be excavated at the base of the existing slope as necessary. Large (two to three foot diameter) angular rock will be used to stabilize the toe of the bank. Large rock will be used at the toe of the slope. The area behind the boulders will be backfilled 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. 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 Stabilization of streambanks and construction of structures will require placement of material in wet conditions. In such cases, sand bags, or the equivalent, will be used to deflect water flow away from the work area, as well as prevent water from accumulating in the work area. Standard erosion and sedimentation control measures will be utilized throughout the project. 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 to 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. 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 entrancelexits, where necessary. 4. It istall sediment fetnce 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 coin fiber mixture 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 revegetation process. 6. During construction, place large boulders and/or coir logs at the toe of repaired streambanks where necessary. Z Fill and compact behind boulders and/or coir logs. Cover with soil, install erosion control mat, and seed. 3. Inspect and maintain repairs. A site-specific engineering design based on a specific storm event was not completed because the EIVP program is not intended to fumd stream restoration design or construction work. Rather, the EiVP 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 EIVP program, published literature values were consulted in order to speck the bank stabilization and erosion control materials and methods described in this document. For example, 1ve 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, coir logs and natural fiber erosion control mats will be used for streanbatnk 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 batik stability. Furthermore, sod matting will be grubbed on-site and used (when available) to line the near batik 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 15-20 lbs/acre depending on species. With landowner permission, native shrub and tree species will be planted throughout the project reach at a rate of 320 stenns/acre, securing near bank areas and providing fntture shading to the charnel. Existing woody vegetation will be preserved to nninirrnize project irrnpacts. 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. Allats will be secured using removable stakes. Z 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 inixture immediately following completion of the work in those areas. Temporary seeding will be accomplished using an application rate of 120 pounds per acre. Straw inulch and tall fescue will not be used in riparian areas. 3. When possible sod will be taken fi°oin 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 reinoval 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 assuining landowner permission. 10. Explain the purpose of the proposed work: The work being described is recovery work under the Einergency Watershed Protection program to protect existing property and structures. Streambank stabilization will also prevent further erosion and sedimentation to the North Toe River. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the 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 involve streambank stabilization. Precautions ivill be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. [York 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** (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, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://NNAvw.fema.pov. *** List a wetland type that best describes wetland to be impacted (e.g., freshNvater/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: Stream Impact Length of Average Width of Perennial or SitcNumbcr Type of Impact* Impact (linear Stream Name** Stream Before Impact Intcmvttent7 (indicate on map) feet) (please specify) Location 1 Figure 2 Streambank stabilization 60 Hampton Branch 15 Perennial and rock vane installation Location 2 Figure 2 Streambank stabilization 80 Hampton Branch 15 Perennial and rock vane installation Location 3 Figure 2 Streambank stabilization 150 Hampton Branch 15 Perennial and rock vane installation * 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, -vvww.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 290 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 Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, 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.): NIA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NIA Size of watershed draining to pond: NIA Expected pond surface area: NIA 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, Altaniont tivill provide contractors engaged in the implementation of this work both written and verbal instructions of all iinpact avoidance statements provided below. All heavy equipinent will be kept out of the stream channel during sireanibank stabilization and strewn relocation work, except where absolutely necessary to install batik stabilization ieasures. Disturbance of channel bottom and banks and equipment access areas shall be held to the minimum necessary to allow for bank stabilization and debris removal sufficient to restore the hydraulic capacity of the stream channel. Temporary grass cover shall be planted on all bare soil within 5 days of ground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon completion of batik 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. 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://h2o.enr.state.nc.us/ncwetiands/strm,gide.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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state. nc.us/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 ® No ? 10 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5033 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 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 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 2B .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. bnpervious 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No N Is this an after-the-fact permit application? Yes ? No N 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 Applica t/Agent's$ignature . Date (Agent's signature is valid my if an authorization letter from the applicant is provided.) 12 Michele P. Lawhern, County Manager John Renfro, Chairman ean Hicks, Commissioner hitson, Commissioner YANCEY COUNTY Blaine W County Courthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • FAX: (828) 682-4301 • EMAIL: mlawhern@yancey.main.nc.us 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. Sin ely, i hele P. Lawhern Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 TABLE 1 AFFECTED PARCELS JACKS CREEK DSR 2004-52 YANCEY COUNTY, NORTH CAROLINA MAP ID PIN OWNER Property Size (acres) ADDRESS CITY STATE ZIP Exigency? STEAMBANK STABILIZATION 189 082200463395000 YANCEY COUNTY BOARD OF EDUCATION 6.8 1175 CLEARMONT SCHOOL RD BURNSVILLE NC 28714 Y O 217 082200452957000 KENNETH B & KELLY D MCCURRY 3.7 105 HILL RD GREEN MTN NC 28740 Y O P:/Yancey EWP/DSR/DSR 47/Parcels-JACKS CREEK TABLE 2 REPAIR AREA COORDINATES JACKS CREEK DSR 2004-52 YANCEY COUNTY, NORTH CAROLINA Jacks Creek EWP Project Area 2004-52 Repair Area Coordinates Area Latitude Longitude 1 35.9748341 82.2967956 2 35.9755076 82.2965206 3 35.9764402 82.2971341 77 Downstream „ Project Limits J iI North `lie ' t (}"0 r a4; 14 ? ?. ? iii/ •3. ? _ ?.,, .f ?C s } ?. 'V' -- ?/ / } •. { 08 t .ti • 1U c z, Upstream ?: ::: ?' _??? 1 j Project Limits 't l oo `` • ? ` ? ' ? 1 !?. v?C .?? j ?? \" l ? ? i A ' ? ? _ \ b ? ? ? 218 ''?` ? jl \ r 1 " •. \ v? .. • ??? / f 1. ea ' Ont ? , .. / T ,\ .y ,19h 1 Y?]1• ?19f?.'1' ,K\-. ' ` I'' ?^ ? f??b f J «?? _? ; \Y j r )) ?, .36 , ; \ \.1 ? , ??t. -?- ,/fir" ?, ? i. ? ; ? --„? `'• /V X VI" . . - , - ?' C ?. : • + ' / ? ! ;?? ,, , ?,, , rte:, / ? . II? r iii ?_ i. I .Af ???, ?? , ? ,?, I ,?r '? )I 1 + I\ ,'lf1 .? 1-01 6 ; ) i :-7? 'fit, , ti ? r " /?( ? ./ /i a \ ? ?? ?• y? _ ;, , ?\ ?y O? r ,? ' ? 1, %. `. 1 • i i r / _ , \ , /? \ •\\ { I ' / ri' ? _ ? - _. _ Upstream ! ' ) , Project Limits , Figure 1 Site Location Map 2005 1 J anuary 0, E N G I N E E R I N G & H Y D R O G E O L O G Y USGS Burnsville Quadrangle 50 COLLEGE STREET, A$HEv1LLE, NC 28801 Scale 1 inch = 2000 feet TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com Jacks Creek- EWP 2004-52 Yancev Countv. North Carolina PATemplates\Figures in Word\Figure Border.doc 1¦ 16 a. SIR N . : t 14 1 1 ?• 11 ¦' d L w+E 11 :' '•? Iy ? tti s ...'?? _ . L ti 1 % ¦ y If ¦ ? _ 1 1 Z. LL S'¦ Area 3 Streambank Stabilization Area 2 Jrj Streambank Stabilization 01 r 1 111 1 ;1¦ 11 r _ ?: h6 '11 16 rr •?1 •? ••• 1 1r 1• 1 J tt ? 1 Area 1 •'•., . t`-_.+I? 1 Streambank Stabilization ' 1 I 1 • 1 111 11 I 1 r' _ 7r_rr- ti i' 1 ' T --J6 ?? 1 - . ¦ 126 1 % • r z 1 ¦ 1? 11 Source: USGS Burnsville Quadrangle Figure 2a Jacks Creek DSR 2004-52 ' ENVIRONMENTAL ' EWP Project Area ENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 Yancey County, North Carolina TEL. 828.281.3350 FAC. 828.281.3351 200 0 200 Feet www.altamontenvironmental.com 01-15-05 Alf -40 --------------- u Jill Area 3 * Area 2 ' w: rt: p „ Streambank Stabilization r •.? 'fi 4% 3- - i r 11 Streambank Stabilization VOL lit ?J'Ar ?? Xln a. i} Area 1 Streambank Stabilization ? ; V &W 'fit 7 .b. J?- = I *op • ' r -- Al" Legend Figure 2b Jacks Creek DSR 2004-52 Property Boundary EWP Project Area ENGINEERING & HYDROGEOLOGY _ 50 COLLEGE STREET, ASHEVILLE, NC 28801 Surface Water Yancey County, North Carolina TEL. 828.281.3350 FAC.828.281.3351 200 0 200 Feet www.altamontenvironmental.com Roads 01-15-05 e i A / "n ?e + ' F any ?;? "?.: r 'e` ??? /r 7r' e A 5W + PALTAMONT ENVIRONMENTAL, INC. Eo^ r (e<r ?, s.+, 1 iirS4"y 1 N R 1 N Y R Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 r_ + '?i? r „+??+di' TEL 828.281.3350 FAC828.281.3351 www. altamonten ironmental. com -_RAWN BY: PAUL Dow ?:ROJECT MANAGER: STU RYMAN NOT TO SCALE w l tJ4 CLIENT: YANCEY COUNTY y-' . ATE: 05/12/05 '? • } .1f . L T ?' j:11 ? u K I Y ? T PROPOSED BANK FIGURE REPAIRS AREA I JACKS CREEK 3a EWP 2004-52 YANCEY COUNTY, NC FILE PATH: P:\YANCEY-EWP\DSRs\DSR 52 -JACKS CREEK\CONCEPTUAL DESIGN PHOTOS. DWG 711?Tll P,: 1 . A ?r I ? - j 4 ?':?.i' V+MG.?w _.:ruK• a.'' M +<'t?? t lu.+lr'},?3., i d t? g ?t ? IC ' d r1t "A" ; ._.$.-,.. 1-. + i .N r l.>rn G 7 ?I 1k "i A I? ??,k Yflrr/ ? .fit i •l ?. w. ; f t A Y?/.??..• 1-.? 1,a t.,.r 1? t 4.I t Y ? ?1Y?1M1r! ? M .- 1 • llfr w 4 M. .,. tr 1F ?r f ,. e \'?t y a a N1?1.S.t.r?.t ta??,rY' , •. I'd ?' . Figure 4 Area 2 Jacks Creek DSR No. 2004-52 Yancey County, North Carolina E N O I N E E R I N O & H Y D R O O E O L O O Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com y? tow 4 N I N i Y R Y 71 50 COLLEGE STREET. ASHEVILLE. NC 28801 .. TEL.828.281.3350 FAC828.281.3351 www.altamontenvironmental.com DRAWN BY: PAUL Dow PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: YANCEY COUNTY DATE: 05/12/05 u 5? W 9 $ , .^aFr a- ? ?' - -+ z x Q 5 A -y 1 r kr $' r 1?\ r \ ?' ? +a PROPOSED BANK REPAI RS AREA 2 JACKS CREEK EWP 2004-52 YANCEY COUNTY, NC FILE PATH: P:\YANCEY-EWP\DSRS\DSR 52 - JACKS CREEK\CONCEPTUAL DESIGN PNOTOS.Dw( z: r, FIGURE 4a j, 1 , 1 6 LA. Figure 5 Area 3 Jacks Creek DSR No. 2004-52 Yancey County, North Carolina T . i rw?r•M?rl?. E N -01 N E E R I N O & H Y D R O O E 0-7-0-3-71 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.aItamoiitcnvironmental.com ETi % K\ 1 4 _ t? a dry DRAWN BY PROJECT Y N 1 R I N HYDROGEOL 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281-3350 FAC 828.2813351 -.altamontenv ironmental.com PAUL Dow NOT TO SCALE I MANAGER: STU RYMAN CLIENT: YANCEY COUNTY DATE: 05/12/05 PROPOSED BANK REPAIRS AREA 3 JACKS CREEK EWP 2004-52 YANCEY COUNTY, NC FILE PATH: P:\YANCEY-EWP\DSRs\DSR 52 - JACKS CREEK\CONCEMAL DESIGN PHOTOS.DWC FIGURE 5a WD MIN. FOOTER) PROFILE VIEW TYPICAL J HOOK DETAIL NOT TO SCALE FLOW IRECTION B 92? 1/3 w G ?C 1 /3 w 3 w GAPS (1/4-1/3 RO K DIA.) / Q 00 2 I SCOUR POOL ,' I PLAN VIEW FLOW DIRECTION 7 a wo PROFILE VIEW FLOW DIRECTION TYPICAL CROSS VANE DETAIL NOT TO SCALE 2 SCOUR 31-1 -? /31--- / u0c, PLAN VIEW 50 COLLEGE STREET, ASIIEVILLE, NC 28801 TEL.828.281.3350 TAC.828.281.3351 w .altamontemironmentalxom SOURCE: APPLIED ECOLOGICAL SERVICES, INC DRAWN BY: ZAN PRICE PROJECT MANAGER: STUART A. RYMAN CLIENT: YANCEY COUNTY DATE DESCRIPTION BY CHK APV DATE: 05/16/05 SCALE: NOT TO SCALE J 24' FIELDSTONE 0 TRENCHED IN 3' MIN. AND COVERED LSILL MUST BE TIED IN TO BANKFULL ELEVATION TER TYPICAL J HOOK AND FIGURE CROSS VANE DETAILS EMERGENCY WATERSHED PROTECTION 6 YANCEY COUNTY, NC 4 [Fwd: [Fwd: [Fwd: STream Clearing Activities]]] Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]] From: Cyndi Karoly <cyndi.karoly@ncmail.net> Date: Wed, 16 Mar 2005 15:58:57 -0500 To: Laurie J Dennison <Laurie.J.Dennison@ncmail.net> fyi - so please note that fees are waived when you create these files - perhaps a brief handwritten note in the file jacket, or we can add a copy of this message Subject: [Fwd: [Fwd: STream Clearing Activities]] From: Tom Reeder <tom.reeder@ncmai1.net> Date: Wed, 16 Mar 2005 15:43:18 -0500 To: Cyndi Karoly <cyndi. karoly@ncmai 1. net> Cyndi - In answer to your question yesterday it appears that the fees are being waived for the EWP associated 401s. Subject: [Fwd: STream Clearing Activities] From: Alan Klimek <alan.klimek@ncmail.net> Date: Wed, 16 Mar 2005 15:37:40 -0500 To: Tom Reeder <Torn. Reeder@ncmai 1. net> Yes, the fees are being waived. See attachment. Alan -------- Original Message -------- Subject:STream Clearing Activities Date:Mon, 28 Feb 2005 09:40:08 -0500 From:"Robin W. Smith" <robin.w.smith(a)ncmai1.net> Organization:NC DENR To:Alan Klimek <Alan.Klimek@ncmail.net>, Jim Simons <Jim.Simonsnncmail.net>, David Vogel <David.Vogel0gncmail.net> CC:Johanna Reese <Jolianna.Reese(c@cmai1.net>, Nann Guthrie <Nann.Guthrie c-,ncmail.net> ,i `1al: 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(c'?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] Content-Encoding: 7bit 2 of 2 3/17/2005 6:46 AM February 25, 2005 Page 1 of 2 February 25, 2005 RE: Emergency Watershed Protection Stream-Clearing Projects Dear I know that County experienced stream damage as a result of the fall hurricanes. Our department would like to work closely with your county to insure that stream restoration projects receiving state and federal funds under the Emergency Watershed Protection (EWP) program move as smoothly as possible through the environmental review and permitting process. I have enclosed for your information a brief summary of the types of permits and approvals that may be required for these projects. For projects that involve work directly affecting the streambed, the United States Army Corps of Engineers will be the primary environmental permitting agency. For those projects, our staff in the Division of Water Quality and the Division of Land Resources play a supporting role and issue related state approvals. I have asked our staff to meet with all of the western counties, either individually or in small groups, to talk about each county's proposed stream restoration projects and answer your questions about permit requirements. Our staff will ask the Corps of Engineers and Soil and Water Conservation staff to join in those meetings in an effort to put together a plan of action for reviewing and approving stream restoration projects as quickly as possible. You should receive a telephone call from DENR staff soon to talk about a date and time that would be convenient to meet and talk about your projects. I have also directed our staff to waive fees for state water quality certifications (under Section 401 of the Clean Water Act) and for approval of erosion and sedimentation February 25, 2005 Page 2 of 2 control plans for stream-clearing projects funded under EWP. Fees will be waived for all EWP permit s requested by September 1, 2005. I hope these efforts will ease the burden on county governments already challenged by the demands of reconstruction and recovery. If we can help you in any other way, please do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a-primary contact on these projects for DENR; you can reach Ms. Smith at (919) 715-4141. The enclosed information sheet also provides contact infonnation 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.