20050978 Ver 1_Complete File_20050606

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek. P.E. Director
Division of Water Quality

June 20, 2005

DWQ Project # 05-0978
Buncombe County

John Creighton, Assistant County Manager
Buncombe County
46 Valley Street
Asheville, NC 28801

Subject Property: Flat Creek Swannanoa River EWP

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Creighton:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 400 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 June 14, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3367 (3367). 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, but not the design, that you described in your
application. (Nothing in this approval should be interpreted as giving permission
to remove bedload material form the existing channel, nor allowing for the
construction of berms which would not allow the stream access to it's
floodplain.) 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:

Onel C )'
Non 1 am Illa
.Natllml/y

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: http://h20enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l 0% Post Consumer Paper

Buncombe County:
Page 2 of 6
June 20, 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:

Stream

Plan Location or Reference

Flat Creek

2. Erosion & Sediment Control Practices

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

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

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

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

Buncombc County:
Page 3 of6
Junc 20, 2005

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

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

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/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 January 1 to April 15 rainbow trout spawning period to avoid
adverse effects of sediment on eggs and larvae. However, Wildlife Resources
Commission will not object to construction of Natural Resources Conservation
Service "urgent and compelling" sites during the spawning period provided these
projects are, to the extent appropriate and practical, constructed by: (1) using flow
diversion structures such as sand bags, (2) placing large-sized rock toes and filter
cloth backing for stabilization sites before backfilling, and (3) excavating new
channel alignments in dry areas. Construction at the other non-"urgent and
compelling" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

Buncombe County:
Page 4 of 6
June 20, 2005

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

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. In stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.

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

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

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

13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four

Buncombe County:
Page 5 of6
June 20, 2005

(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.

14.lf 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 25 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.)

17. Deed Notifications

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

18. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

19. 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.

Buncombe County:
Page 6 of6
June 20, 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,

Alan W. Klimek, P.E., Director
Division of Water Qulaity

AWKlkhb

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

cc: Mike Osborne, CH2M Hill
4824 Parkway Plaza Blvd.
Suite 200
Charlotte, NC 28217
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0978. EWP .FlatCreek.Approval

Triage Check List

Date: 06/1 0/05

Project Name: Flat Creek Swannanoa River EWP
DWQ#: 05-0978
County: Buncombe

To:

Kevin Barnett, Asheville Regional Office

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

From: Cyndi Karoly Telephone: [phone]

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

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

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

,

{O)~@r.gD\1~ ~
~~
JUN 6 2005

Office Use Only:

Form Version May 2002

USACE Action ill No. D\VQ No.
(If any particular itcm is not applicablc to tillS projcct, plcasc cntcr "Not Applicablc" or "N/A".)

I. Processing

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

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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

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

4. Ifpayment 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: D

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: D

n. Applicant Information

1. Owner/Applicant Information
Name: Clyde Quinten Fox .James Lytle
Mailing Address: 20 Cool River Dr. 305 Flat Creek Rd.
*** Black Mountain, NC 28711 ***
828-669-6630 828-669-8168
828-669-5328 828-668-3294
Telephone Number: Fax Number:
E-mail Address:

\Villie Mae Lytle
C/O Minnie Lytle Moore
305A Flat Creek Rd.
828-669-6969

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: .Jon Creif!hton, Assistance County Manaf!er
Company Affiliation: Buncombe County
Mailing Address: 205 Colle~e Street
Asheville, NC 28801

Telephone Number: 828-250-4835 Fax Number: 828-250-6086
E-mail Address: jon.Creif!hton{a)buncombecounty.orf!

Pagc 5 of 12

III. Project Information

Attach a vicinity map clearly showing the location of the propelty with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing propelty
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 l7-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: Emereency 'Vatershed Protection

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

3. Property Identification Number (Tax PIN): 0710.18-41-9649.000. 0710.18-41-8571.000. &
0710.18-41-8473.000

4. Location
County: Buncombe Nearest Town: Black Mountain or Montreat
Subdivision name (include phase/Iot number):
Directions to site (include road numbers, landmarks, etc.): 140 east from Asheville. take
exit # 64. left at the end of the ramp onto HWY 9/Montreat Rd.. throu2h town. ri2ht on
East St.. left on Flat Creek. property backs up to creek on the left.

5. Site coordinates, if available (UTM or LatlLong): 035037' 58.9" N 082018' 57.7" 'V
(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 water body.)

6. Property size (acres): 1.06 total (.31. .43. & .32)

7. Nearest body of water (streamlriver/soundlocean/lake): Flat Creek I Swannanoa River

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

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This area is primarily residential. Due to dama2e cause
hy Hurricanes Ivan and Frances. these Exi!?:ency sites have stream hanks, which are
hi!?:hly eroded and unstahle. Both plants and earthen materials were washed away. At

Page 6 of 12

least one home at this site has already been condemned and the site/other homes are in
dan!?:er of further dama!?:e.

10. Describe the overall project in detail, including the type of equipment to be used: site will
require a moderate amount of l?:radinl?: work (track hoe & small dozer), includinl?::
removinl?: rack/sand hars and dike, fillinl?: larl?:e washed out area near house, and
excavatinl?: channel to hank-full width. Hi!?:her Quality soil, mulch (dump truck) and
neWnl?: will need to he hrou!?:ht in, spread and anchored, in order to provide a proper
hase for estahlishinl?: new plant material and l?:uardinl?: al?:ainst further erosion until
plants can fully root.

11. Explain the purpose of the proposed work: Proposed improvements are to he installed in
order to reduce erosion, achieve stable stream conditions and repair the area, so these 3
families may return to their homes at some point in the future.

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.
None

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.
None anticipated.

VI. Proposed Impacts to 'Vaters of the United Statesl\Vaters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VlII below. If additional space is needed for
listing or description, please attach a separate sheet.

Page 7 or 12

1. Provide a written description of the proposed impacts:
minima\. with some increase in turbidity. due to the
placement of rock materials on the banks.

J mpacts are expected to be
removal of earthen materials and

2. Individually list wetland impacts below:

Wctland Impact Arca of Located within Distance to
Sitc Numbcr Typc ofImpact* Impact 100-ycar Floodplain** Ncarcst Strcam Type ofWctland***
(indicate on map) (acres) (ves/no)- (lincar fcct)
None

* List each impact separately and identify temporary impacts. Impacts includc, but arc not limitcd to: mcchanizcd clcaring, grading, fill,
excavation, flooding, ditching/drainagc, etc. For dams, separatcly list impacts duc to both structurc and flooding.
.. 100-Year floodplains arc identificd through thc Fedcral Emcrgcncy ManageillCnt Agcncy's (FEMA) Flood Insurancc Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps arc availablc through thc FEMA Map Scrvicc Ccntcr at 1-800-358-9616, or
onlinc at h!!n://www.fcma.gov,
... List a wctland tipc that bcst dcscribcs wetland to bc impactcd (c.g., frcshwater/saltwater marsh, forcsted wetland, beaver pond,
Carolina Bay, bog, etc.) Indicatc if wetland is isolatcd (detennination of isolation to bc madc by USACE only).

List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:

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

Strcam Impact Lcngth of Avcrage Width Pcrcnnial or
Site Numbcr Type ofImpact* Impact Stream Name** of Streanl Intcrmittent?
(indicate on map) (linear fcct) Before Impact (please specify)
1 Bank Repair +/- 400 If. Flat Creek 38 ft. Perennial
1 Debris Removal +/- 150 If. Flat Creek 38 ft. Perennial

List each impact separately and identify temporary impacts. Impacts includc, but arc not limited to: culverts and associatcd rip-rap,
dams (separately list impacts duc to both structurc and flooding), relocation (includc lincar feet bcforc and aller, and net loss/gain),
stabilization activities (ccmcnt "vall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If strcam relocation is
proposcd, plans and profilcs showing thc lincar footprint for both the original and relocated streams must bc includcd.
** Stream names can bc found on USGS topographic maps. If a stream has no namc, list as ill (unnamed tributary) to the nearest
dO'WTIstream named stream into which it nows. USGS maps arc availablc through thc USGS at 1-800-358-9616, or onlinc at
wWW.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (c.g., www.topozonc.coI11,
~Y}y!y.m_ill?llm~~U';Qm, ctc.).

Cumulative impacts (linear distance in feet) to all streams on site: +/- 400

Pagc 8 of 12

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

Open Water Impaet Area of Name of Water body Type of Water body
Site Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) ( acrcs) (if applicable) bav, ocean, ete.)
None

.

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 iIlustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, ,!ccessibility, 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.
Removal of the dike and rock/sand bar will be in the dry as much as possible.
Placement of earth fill will not be done in contact with the water. Stone/rock used will be
clean and placed from the bank.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

Page 9 of 12

USACE - In accordance with the Final 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://h20.enr.state.nc.us/ncwetlands/strmgi d e. htm I.

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.
None.

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://h20.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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by D\VQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?

Page 10 of 12

Yes ~

NoD

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

If yes, has the document review been finalized by the State Clearinghouse? Ifso, please attach a
copy of the NEPA or SEPA final approval letter.
Yes D NoD

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

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

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Parnlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D 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 Multiplier Required
(square fect) Mitigation
I 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.

Page II ofl2

XI. Stormwater (required by D'VQ)

Describe impervious acreage (both eXlstmg 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 area will not be increased in the draina~e area of these properties. The
impervious area on these 3 properties ran~e between 5% & 20% (av~. of about 12%)
currentlv and that wiII not chan~e.

xn. Sewage Disposal (required by D\VQ).

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater wiII be ~enerated.

xm. Violations (required by D'VQ)

Is this site in violation ofDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
YesD No~

Is this an after-the-fact permit application?
YesD 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).

ent's Signature ate
is valid only if an authorization letter from the applicant is provided.)

Pagcl2ofl2

BUNCOMBE COUNTY
SOIL AND WATER
CONSERVATION DISTRICT

155 Hilliard A\'cnue, Suite 204
Asheville, NC 28801

[phone]
FAX: [phone]

MEAJORANDUM

DATE: May 31,2005

TO: US ACOE, NC DENR-DWQ and NC WRC

FROM: Gary Higgins, Director - Buncombe County SWCD

REGARDING: Permit application for thc Lytle/LytlclFox Emergcncy Watcrshcd Protection /
Exigcncy sitc

I have enclosed the application to obtain the necessary permits and other participation from
thc agencics listed above for Emergency Watershed Protection program work on the Heather
Somerset sitc. Jon Creighton, the Buncombe County Assistant County Manager, has signcd
the pennit, and his phone numbcrs and address are on the form. These arc ul1!ent and
comoellin!! or exi!!encv sites. The homes belonging to Mr. LytIc, Mrs. Lytle & Mr. Fox are
in imminent danger of being damaged furthcr or destroyed by stormwater during heavy flows
in Flat Creek. Thereforc, we request that this application be processed as soon as possible.

This project involves the following activities: site will require a moderate amount of grading
work (track hoe & small dozer), including: removing rack/sand bars and dike, filling large
washcd out area near house, and excavating channcl to bank-full width. Higher quality soil,
mulch (dump truck) and netting will need to be brought in, spread and anchored, in order to
provide a proper base for establishing new plant material and guarding against further erosion
until plants can fully root.

This is a projcct funded by the USDA - Emergency Watershed Protection Program and thc
NCDENR 401 fees have been waived.

,--,

ATTACHMENT C

Page 1 of 2 pages

EWP SITE
ENVIRONMENTAL REVIEW CHECKLIST

Please complete the appropriate sections of this form and return it, along with a copy of
the Quad map indicating the specific area of concern, to:

Sponsor's liaison and address 6v'1 V\UTVV1~ <;'wcJ) -I S51-/-,/I,'().,.~ ,ire,
i:L.'i-;LSo~t{-rgS 5u;k. ;J-04,A--slav,'/I-eJA/,C-r 2-gtol
Section 1 to be completed by Sponsor prior to review of cooperating agencies.
Sponsor provides 8.5" x 11" copy(ics) of USGS 715 minute Quad Map. All markings
should be made using black ink. Be sure to indicate name of the Quad Map.

SECTION 1

County J (.( LA cOlvvb 0
Site~~J~~J-~k 5/'1e L-jt/-l/l!+~/Fbt-

Stream or River name(s) ---..Ela..J- C~j(__

River basin name ~I{ ~lAlJA.. 13~n r( cD

USGS 7.5 minute Quad name(s) MoV\ +rru.--:{ QVl~h

Desc~be p~oposed mKasures: Ii . t .+ . /J · L ,
~ ()A~AA4L~ rp .~(~~
J)-fW4A)~ 4-Y;~~/iJ ,
I / I
U~ -1

SECTION 2

Is site located in:

Section 10 Waters? (USACOE)........................................_ Yes No
Outstanding Resource Waters? (NCDWQ)....................... ...._ Yes No

Page 2 of 2 pages

High Quality Waters? (NCDWQ)..;.................................._Yes _No
Trout Waters? (NCDWQ, NCWRC)..................................._Yes _No
Is site and proposed work subject to buffer rules? (NCDWQ)......_Yes _No

Is site located in waters supporting
anadromous fish spawning? (NCWRC, NMFS)..................

Yes No

Commercial shell-fishing waters (SA)?.............................._Yes No

Is site located in area providing important or unique habitat? . . "_ Yes No

.
Is site located in waters or adjacent
areas that contain or provides habitat
for state or fe4eral threatened or endangered
species? (NCWRC, USFWS)..........................................._ Yes'" _No

Is site located in an area providing important or unique
environmental values? (NC Natural Heritage)......................._ Y es _No

Are there records of archaeological or historic resources in or
adjacentto the site? (NCDCR)....................................... _ Yes _No

Is site in or adjacent to Wild or
Scenic River? (NRCS/NC Parks and Rec)..........................._Yes _No

Comments / additional information:

Signature of reviewing official

Date

Name: MONTREAT
Date: 5/26/2005
Scale: 1 inch equals 2000 feet

Location: 035037' 58.9" N 082018' 57.7" W
Caption: Lytle, Lytle, Fox Site
Emergency Watershed Protection
Buncombe #7

Copyright (C) 1997, Maptech, Inc.

http://gis.buncombecounty.orgIMapFrame.htm

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EMERGENCY WATERSHED PROTECTION
STREAMBANK STAB~LIZATION PROJECT
PREPARED BY:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
IN COOPERATION WITH
BUNCOMBE SOIL AND WATER CONSERVATION DISTRICT
USDA - NATURAL RESOURCES CONSERVATION SERVICE

FOX I LYTLE PROPERTY - EXIGENCY SITE
PROJECT SITE

PROJECT COORDINATES
N 350 38' 01.5011
W 820 18:\J.8..~~,:'
",,"..t<~ CARQ 1111/
" 0\"'.......... ~~ ~
/' ~.....o(;~SS/OX.., %
: /~ ~\\-=
; SEAL ~
~ \ 02167 1 ff
APPROVED BY: -:., ~. ~ DATE:~

AS BUILT CERTIFIED BY: DATE:

..,

SITE LOCATION MAP

SCALE: NO SCALE

BUNCOMBE COUNTY, NORTH CAROLINA
COUNTY, STATE

CONTENTS:

1. Title Sheet and Location Map \\~n('}~;\\
2. Site Map ~~@'@:\j ~~;~ \''1

\\~ j\J\'\" ,,\\~':
" c> '... '. ....
\[lp-\'i.'~rl~i~i'" .
q\"'.. c:\o~,,,,.
\)~ c: ",\) "
__ t'-,U" '"
~I"\I.T"

MODIFY CHANNEL DIMENIONS
TO BANl<FUL1. WIDTH .. 3S FEET
(130 LINEAR FEET OF STREAMBANK)

\ mM ElEVATION.. 2355.81 FEET
TOP OF SnlMP

mM ELEVATION" 2354.00 FEET
FLOOR El.EV A TION OF EXTERIOR DECK

SEWER INTERCEPTOR MANHOLE
UD ELEVATlON = 2351.-48 FEET\

.

REMOVE EXISTING DIKE

.

STATE OF NORTH CAROLINA

SPOIL AREA

STREAM CHANNEL ClASSFICA T10N

Stream Name: Rat Creek
Basln Name: French Broad
Dralnage Araa: 3330 AC (5.2 SM)
Bankfull Width: 38 ft
Mean Depth: 1.8 ft
Bankfull X-5ectlon Ari.a: 70 sf
Width I Depth Rallo: 21.1
MaxImum DepCh: 2.8 It
WIdth Of Flood Prone Area: 230 ft
Entrenchment Ratlo: 6.0
Channel Materials (OSO): 82 mm
Water Surface Slope: 0.011 Mt
Channel Sinuoslty: 12

STREAM TYPE: C3

EXCAVATE CHANNEL TO
BANKFULL WIDTH ~

IAl<<fU..L WIJ1lt . JI"

~"~

CROSS-SECTION #1

NOT TO SCALE

~~@~ow~ W

JUN 6 Z005

REM VE EXISTING DIKE DENR - WATER QUALITY
o \ \',BW:O"" STO~';"TER"JJ:CH

~&oH(7l.UsrAGEC~AroH.:Q4I.llFrrr

I~ ~~

~ USE EXCAVATED MATERIAL -
TO FILL FLOOD CHANNEL

I<<) .... ~TE:

~
DOOalIPTO<

CROSS-SECTION #2
NOT TO SCALE -

PROJE..."T.. EWJ4'RlJETT

8CAJ..E; 11NQi . eo fEET

DEPART1.lENT OF E.tIVI~.IENT AND NATURAL RESOUR:ES
OIVISlON Of SOIL AND \'/AlER CONSERVAOON
ASrlEVU..E REGIONAL OFFICE

STREAMBANK STABILIZATION PROJECT
SITE MAP - FOX / LYTLE PROPERTY

BUNCOMBE COUNTY, NORTH CAR:>L1NA

2CllO Lnl HlQtM'AY 1Q, ffflN+HNlCJA, NC :zana

-(B2lI)~

DRAWN .-r. J. YOONCl

C',TE; ....Yll2JQ6

~.v:

DATE:

&>mNO. 2 ClI' 2

FI.DW.E 8IJBWOl>'Ntl

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

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

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

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

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

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

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

-------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <[e-mail]>
Orgallization:NC DENR
To:Alan Klimek <Alan.Klimek(ci}ncmail.net>, Jim Simons <Jim.Simons((V,ncmail.net>,
David Vogel <David. V ogel(cVncmail.net>
CC:Johanna Reese <[e-mail]>, Nann Guthrie
<Nann. Guthrie(cVncmai I.net>

,.~..
". ..~
~ll: 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-".

lof2

3/17/20056:46 AM

I I [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

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

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

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

.E\VP letter to counties.doc Content-Type: applicationfmsword
Content-Encoding: base64

Stream-Clearing Activities-3.docl Content-Type: applicationfmsword
_ _ ______ __ ==~.ntent-Encoding: base64

20[2

3/17/2005 6:46 AlV

,

February 25,2005
Page 1 of2

February 25, 2005

RE: Emergency Watershed Protection Stream-Clearing Projects

Dear

I know that County experienced stream damage as a result of the fall
hurricanes. Our department would like to work closely with your county to insure that
stream restoration projects receiving state and federal funds under the Emergency
Watershed Protection (EWP) program move as smoothly as possible through the
environmental review and permitting process. I have enclosed for your information a
brief summary of the types of permits and approvals that may be required for these
projects. For projects that involve work directly affecting the streambed, the United
States Army Corps of Engineers will be the primary environmental permitting agency.
For those projects, our staff in the Division of Water Quality and the Division of Land
Resources playa supporting role and issue related state approvals.

I have asked our staff to meet with all of the western counties, either individually or in
small groups, to talk about each county's proposed stream restoration projects and answer
your questions about permit requirements. Our staff will ask the Corps of Engineers and
Soil and Water Conservation staff to join in those meetings in an effort to put together a
plan of action for reviewing and approving stream restoration projects as quickly as
possible. You should receive a telephone call from DENR staff soon to talk about a date
and time that would be convenient to meet and talk about your projects.

I have also directed our staff to waive fees for state water quality certifications (under
Section 401 of the Clean Water Act) and for approval of erosion and sedimentation

,

February 25,2005
Page 2 of2

control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP peffilit s requested by September l, 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 infoffilation 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.