20051139 Ver 1_Complete File_20050623

y
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
July 5, 2005
DWQ Project # 05-1139
Mitchell County
Kathy Young, Mitchell County Clerk
Mitchell County Board of Commisioners
SOministration Building 2
20 Crimson Laurel Circle
Bakersville, NC 28705
Subject Property: Brushy Creek (EWP M2004-20)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Young:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise' impact 496 feet of streams for the purpose of
strepmbank stabilization at the subject, properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 19, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
+01 Wetlands Certificati
1650 Mail Service Cenk
2321 Crabtree Boulevar
Phone: [phone] /
NorthCarolina
An Equal Opportunity/Afrtnative Action Employer- 50% Reeycted/10% Post Consumer Paper
Unit
Raleigh, North Carolina 27699-1650
Suite 250, Raleigh, North Carolina 27604
IX 919-733-6893 / Internet http://h2o.enr.state nc us/ncwetlands
IVIRCnetl county:
Page 2 of 6
July 5, 2005
?. ?mpa?fs Qpprov?d
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Stream 495 (feet) Brush 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.
Mitcnetl County:
+ Page 3 of 6
July 5, 2005
4. No Sediment & Erosion Control Measures wln 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 401A/Vetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Crabtree Creek is classified C, Trout. As such, the following Administrative Codes
apply: 15A NCAC 04B .0125 and 15A NCAC 02B.0211
7. (Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. Matting should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas. In addition, because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should
be conducted, as necessary, in the spring-time with a native annual and perennial
seed mix with a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
varies 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.
IVII[Cnelt county:
Page 4 of 6
July S, ZOOS
r69 Channel must be restored to a more stable COlldltlOi7. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. Stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should - be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
13
As long-term
recommended
possible. Any
the . Gui
stream stability is a concern with this type of work, it is strongly
that woody vegetation be established along stream banks where
riparian vegetation planting should be performed in accordance with
14. Monitoring
The Permittee shall examine the stabilization work done under this Certification
on an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must
be provided to DWQ's Asheville Regional Office by June 1St of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.
15.The permittee will provide on-site supervision of stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.

Y
Mitchell County:
Page 5 of 6
July 5, 2005
16. If pasture along the stream is to be used for grazing, the permittee must inform the
appropriate landowners that cattle should be prohibited from damaging riparian
areas and from de-stabilizing the stream banks and channel.
17.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.
1$.Water Quality Certification Notifications
The permittee' must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.
19'.Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1506 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.
Mitchell County.
Page 6 of 6
Ju1y 5, 2005
r610gr eam lgfgs 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,
ie?r Alan W. Klimek P.E.
AWKlkhb
Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Stu Ryman
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
N

Filename: 05-1139. EWPMitchellCounty. B rushyC reek.App rova I

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Triage Check List
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Date 06/29/05
To
Fro"
FILE COPY
Project Name: Mitchell County EWP -Brushy Creek
M2004-20
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 6/23/05 to 8/21/05
Cyndi Karoly Telephone [phone]
DWQ#: 05-1139
County: Mitchell
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
Cumulative impact concern
I? UT to Young's Creek (TROUT WATERS)
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
rI oviewod 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
reviewe ' 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!I

-----
? E N _G I N E E R 1 'N G_ & H Y D R b G E O L O G Y
50 couEaE STREET, ASHEvtt.LE, NC 28801
TEL. [phone] FAC.828.281.3351
www ,altamontenvironmental, com
June 21, 2005
Ms. Cyndi Karoly
Division of Water Quality g
4101 Wetlands Unit r
1050 Mail Service Center E
Raleigh, NC 27699-1650
451139
Subject: Mitchell County EWP Project Pre-Construction Notification Application for Jakes Creek
DSR M2004-16 and Brushy Creek DSR M2004-20
Dear Ms. Karoly:
Enclosed are five copies bfthe Jakes Ereek DSR M2004-16 and Brushy Creek DSR M2004-20
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. Ryman has signed the application as an authorized agent for Mitchell County. A letter of
authorization is included. Additionally, we have sent one copy of the enclosed permit application
directly to Mr. Kevin Barnett in the Swannanoa office, Mr. Scott?McLendon of the U.S. Army Corps of
Engineers, Mr. Brian Cole in the Asheville U.S. Fish and Wildlife' Service office, and Mr. Ron Linville in
the, N.C. Wildlife Resources Commission office.
A#amont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.
Sincerely,
A. Ryman, P.G.
a
CC
i
Christ er F. Gilbert, P.E.
PCN Jakes Creek DSR M2004-16 D
PCN Brushy Creek DSR M2004-20
JUN 2 3 2005
DENR- WArER QUAL11-Y
WE M0 AND STATER BRANCH
Kathy Young - Mitchell County Clerk to the Board (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)
Kevin Barnett - NCDENR DWQ, Asheville Regional Office
PAMitchell\Correspondence\DWQ PCN Cover Letter-Caroly-DSR 16,20.doc
I L E C"! 0 P y
Office Use Only: nnForm Version May 2002
5113
g
USA E Action ID No. DWQ No. V
(If any; articular 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 E] 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: ?
j
1I. .Applicant Information D r= t;:Z?,
'4
1) Owner/Applicant Information UN 2 3 2005 Y
Name: Kathy Your9 Mitchell Courtly Clerk to the Board o, f Commissioners
Mailing Address: Administration Building, Suite 2 DENR - WATER QUALITY
26 Crimson Laurel Circle WERANDSANDSTDRMWATERBRANCH
Bakersville, North Carolina 28705
i
Telephone Number: [phone] Fax Number: [phone]
j E-mail Address: kyoung@mitchell. main. nc. us
2) Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sr?yman@altamonten,vironmental.com
i
' I
III. Project Information
*6 ,
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: Brushy Creek EWP M2004-20
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. - Property Identification Number (Tax PIN): See attached Table I
4. Location
County: Mitchell County Nearest Town: Spruce Pine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Spruce Pine take Hwy 19E
south to Estatoe. Lookfor the Texaco station and Cash Points machine at the intersection of
Penland Rd. (SR # 1162). See Figure 1 for general location.
To access Work Area # I (Figure 2) turn left at the Cash Points machine off 19E onto SR #
1235. Take an immediate left onto Brushy Crk Rd (SR # 1156) and follow this upstream
approximately 2 miles. After passing a pond on the right the road will make a horseshoe
curve to the right. In the middle of the curve turn left onto gravel road (unmarked). Follow
this a few hundred yards to 119 Burleson Blvd.
To access Work Areas # 2 - # 5 (Figure 3) turn right off 19E onto Penland Rd. (SR # 1162).
Make an immediate left onto Rabbit Hop Rd. (SR # 1160). Work Area # 2 is down a
driveway on the right just after crossing the first bridge. Sites # 3 & # 4 are further down
Rabbit Hop Rd on the right, and Work Area # 5 is just upstream of the next bridge.
5. Site coordinates, if available (UTM or Lat/Long): 35.904833° N 182.132667° W (approximate
center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Multiple - See attached Table 1
7. Nearest body of water (stream/river/sound/ocean/lake): Brushy Creek
2
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/.)
9 Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:
Land use in the vicinity of the proposed project site consists of primarily agricultural and
forested areas along with residential uses. Portions of Brushy Creek were heavily impacted
during Tropical Storms Frances and Ivan. In numerous locations, the stream is clogged with
woody and non-native debris, reducing the hydraulic capacity of the channel. Additionally,
five areas of streambank erosion threaten the stability of adjacent properties and structures.
10. Describe the overall project in detail, including the type of equipment to be used:
The EWP project area known as DSR No. M2004-20 is addressed by this permit application.
The project area consists of Brushy Creek and its tributaries. The total estimated disturbed
area for activities covered under this PCN is approximately 0.86 acres. Since this is less than
the Erosion and Sediment Control Plan; permitting threshold of I acre, a formal approval of the
Erosion and Sediment Control Plan elements of this proposal is not needed. However, the total
disturbed length of the buffer areas for Work Areas # 1 & # 2 are more than 100 feet, therefore
a formal request for a Trout Waiver is being submitted.
Brushy Creek is classified as `Class C' and `Trout' waters throughout the project area. The
following activities are proposed in the project area:
1) Five distinct areas in need of stream bank stabilization have been identified, totaling
approximately'495 linear feet. High water flow has severely eroded stream banks in these
areas. In places, the riverbanks are, over-steepened and very unstable, threatening
structures and property. Repairs in these areas will involve the following:
• Stabilize the channel in its post flood configuration using organic and rock structures.
• Stabilize the river banks by: removing unstable vegetation; stabilizing the toe of the
slope where necessary by placing large angular stone just above the water level, or by
the use of fiber logs; backfilling behind and above the stone with rocky debris removed
from the floodplain or imported to the site; topping with planting media and planting
native vegetation.
2) Removal of organic, mineral, and non-native material from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves.
13) Softening of minor over-steepened banks and riparian planting.
Work will include: stream bank stabilization in several areas described below. Equipment
used to accomplish the above tasks includes: rubber tired skidders, 15 ton dump truck;
hydraulic track mounted excavator with thumb, and chainsaws.
3
The general location of the five streambank repair areas is provided in Figures I - 3.
Representative photos from these areas are included as Figures 4-12. Repairs for each of the
streambank stabilization sites are detailed in Figures 4A -12A.
Sty emnbank Stabilization
Streambank stabilization is needed on approximately 495 feet of banks within the project area.
Stabilization is required at the five distinct locations shown in Figures 2 & 3.
Repair at each of the five areas will generally include stabilizing the bank in its current
location. A key in trench will be excavated on the outside of the curve at the base of the existing
slope as necessary. Large (three to four foot diameter) angular rock, large diameter logs
(greater than 2 feet), and/or natural fiber logs will be used to stabilize the toe of the bank at
high stress locations (e.g. the outside of bends). A second tier of material will be used, as
needed. The area behind the material will be backfilled with rocky debris material excavated
from the floodplain or imported material, and topsoil will be placed on the top of the
reconstructed bank to aid in the establishment of vegetation. Where sufficient space is
available a bankfull bench will be constructed in the fill area to increase hydraulic capacity and
enhance future bank stability. The area will be seeded with grasses upon completion of heavy
equipment work With the landowner's permission, live stakes and bare root stock native trees
and shrubs will be planted on top of the bank stabilization work In areas where high stress on
the toe is not expected (e.g. the inside of bends and straight sections with low banks), the use of
large material is not necessary, and logs or natural fiber logs will be used to provide the
necessary toe stabilization.
Work will be performed from the riverbank to the extent possible. In some locations, work will
occur in the dry above the normal water surface' level. However, given the existing condition of
the stream bank and channel at these locations, it is likely that the stabilization of the toe of the
banks will occur in the wet. In such cases, sandbags, 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, as subsequently described, will be
utilized throughout the project.
The work addressed in this application is intended to improve the post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks that are threatening
structures. The proposed actions are not intended to enhance existing conditions or restore the
stream reaches using natural channel design techniques. Such activities would require detailed
engineering evaluation and design, which are beyond the. intent of the EWP program.
On May 2, 2005, in anticipation of upcoming work under the EWP Program, the Board of
Commissioners of Mitchell County passed a resolution authorizing access to private land in
order to conduct EWP repairs. For this reason, individual Access Agreements are not
necessary for the work proposed in this PCN. A copy of the resolution is attached to this
application. A summary of property owners is included as Table 1.
At the site, work shall proceed from downstream to upstream to reduce sediment loading. All
staging areas will be less than half an acre in size. Work will proceed as follows at each work
area (as applicable):
1. Flag the work limits.
2. Mark live trees and shrubs to be protected.
3. Construct temporary construction entrancelexits where necessary.
4. Install sediment fence around staging areas.
5. At the end of each workday install erosion control matting on exposed soil using removable
stakes. Erosion control mats will be constructed of coir fiber or a coir fiber mixture fabric
for maximum erosion protection, vegetation establishment assistance, and for minimal
impact on wildlife.
6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired
streambanks where necessary.
7. Fill and compact behind boulders, logs, or fiber rolls. Cover with topsoil, install erosion
control mat, and seed.
8. Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the EWP program is not intended to fund stream restoration design or construction work
Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss ofproperty or life. Because natural channel
design methods are beyond the scope of the EWP program, published literature values were
consulted in order to specify the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter cloth will be placed
behind large rock used for streambank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. Clean, large,
angular rock; large woody material, and natural fiber erosion control mats will be used for
streambank stabilization.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native jloodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used
(when available) to line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabric/sod-
Matting in these high stress areas. Broadcast seeding rates will be as-specified from the local
nursery, generally 15-20 lbs/acre depending on species. Native shrub and tree species will be
planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and
providing future shading to the channel. Existing woody vegetation will be preserved to
minimize project impacts. The following steps 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.
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 mixture immediately following completion of the work in those areas. Tall
fescue will not be used in riparian areas.
3. When possible sod will be taken from adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate stabilization within five days of ground
disturbing activities.
4. If sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground disturbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.
5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain
6. Woody vegetation will be planted during the dormant growing season assuming landowner
permission.
Renwval of Organic and Rocky Debris
The applicant recognizes that some woody debris in the riparian zone is a necessary component
of habitat integrity and will strive to remove only non-native objects and those debris elements
considered an immediate or impending threat to life and structures. Contractors performing
debris removal tasks will be instructed to access debris on both sides of the river from the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel. In some circumstances, it is likely that chainsaw operators
or heavy equipment support personnel may need to get in the river to cut or help free debris jams
being removed. In addition, large debris being pulled from the riverbank may result in some
riverbank scour. The applicant will instruct contractors performing the work to refrain from
cutting any live vegetation unless it is leaning toward the river at more than a 30-degree angle
and the river is entrenched or the riverbank is unstable at that point. Debris removed will be
hauled off site or chipped and disposed of in the flood plain. In cases where it is determined that
large woody debris can be utilized in current or projected future bank stabilization work, such as
in log vanes or as root wads, these articles may be stored on site out of the floodway upon
landowner permission. All areas disturbed due to debris removal and equipment access will be
reshaped and reseeded. Access to the channel will be perpendicular to the channel. Precaution
will be taken to protect mast production and stream canopy trees. Dead trees that provide den
habitat and are determined to pose no hazard to the channel shall be protected.
Rocky debris within the flood plain and channel that reduces the hydraulic capacity of the
channel will be removed using an excavator. The removal of rocky debris will proceed from the
stream channel back toward the streambank allowing the excavator to work on the debris pile.
The reconfigured floodplain will be shaped in a manner intended to restore the hydraulic

capacity of the stream system. Rocky debris removed from the floodplain will be used to
stabilize the streambank or will be hauled offsite. At sites where there is no eroded streambank
in the immediate vicinity, the excavated material will be used to strengthen the natural berm of
the streambank or will be hauled off site. In no case shall the deposited material be placed at an
elevation higher than the existing streambanks.
I l r Explain the purpose of the proposed work:
The work being described is exigency work under the Emergency Watershed Protection program
to protect existing property and structures. Streambank stabilization will also prevent further
erosion and sedimentation to the Brushy Creek and-North Toe River resource.
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 useU 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
7
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Proposed impacts include stream bank stabilization. Precautions will be taken to keep heavy
equipment out of the stream channel except where absolutely necessary to install bank
stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment
and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to
minimize sedimentation.
2. Individually list wetland impacts below:
There will be no wetlands impacted at this site.
Wetland Impact
Site Number
(indicate on map)
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, nu,
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 btip://www.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, 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:
{
i
Strum Impact Length of
Stream Average Width
of Stream
Perennial
Site Number (see Type of Impact* Impact
Name**
Before Impact t?
Intermittent.
Figure 2) (linear feet) (ft)
Area 1 (Figure 2) Streambank Stabilization 125 Brushy Crk. 8 Perennial
Area #'2 (Figure 3) Streambank Stabilization 250 Brushy Crk. 12 Perennial
Area #,3 (Figure 3) Streambank Stabilization 45 Brushy Crk. 10 Perennial
Area #4 (Figure 3) Streambank Stabilization 45 Brushy Crk. 10 Perennial
Area #;5 (Figure 3) Streambank Stabilization 30 Brushy Crk. 10 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
da(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, gabiions, etc.), excavation, ditchingistraightening, 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
M22w .usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com
wwn?.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 495 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
(indicat 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.
Pond Creation
9
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., damlembankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalf of Mitchell County, Altamont will provide contractors engaged in the implementation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streambank stabilization and
stream relocation work; except where absolutely necessary to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allow for bank stabilization and debris removal sufficient to restore the
hydraulic capacity of the channel. Temporary grass cover shall be planted on all bare soil within
S days of ground disturbing activities. Provided landowners give permission, herbaceous and
woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank
stabilization work. Mitchell County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are being followed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .05 00, 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
10
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/ncwetlands/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
27 Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet):' N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland (mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. environmental Documentation (required by DWQ)
i
Iboes the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
it
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 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 hank 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
12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. I Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage will not change. Erosion and sedimentation prevention and control will be
1 maintained throughout this project primarily through proper water management, construction
1 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.
X11. 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.
XHL Violations (required by DWQ)
Ts 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 N
MV. Other Circumstances (Optional):
13
f
i
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

pplicant $dnature Date
Applicant/Agent's,
(Agent's signature is valid y if an authorization letter from the applicant is provided.)
14
Affected Parcels
Brushy Creek DSR No. M2004-20
Mitchell County, North Carolina
BANK PARCEL SIZE STREAMBANK
REPAIR PIN OWNER ADDRESS- CITY- STATE ZIP
(ACRES) STABILIZATION
AREA NO.
1 0779-00-52-5947 Bobby Burleson 119 Burleson Blvd. Spruce Pine NC 28777 1.70 x
2 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine. NC 28777 406.35 x
3 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine NC 28777 406.35 x
4 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine NC 28777 406.35 x
S 0870-00-12-4052 Julia Allen 10 12 Rabbit Ho Rd. 'S ruce Pine NC 28777 4.51 x
f

Table 2
Affected Parcels Locations
Brushy Creek DSR No. M2004-20
Mitchell County, North Carolina
BANK LATITUDE LONGITUDE
REPAIR PARCEL PIN # OWNER (DD) (DD)
AREA NO.
1 0779-00-52-5947 Bobby Burleson 35.88929 -82.12158
2 0870-00-23-9176 David & Patty Covington 35.91071 -82.12914
3 0870-00-23-9176 David & Patty Covington 35.91102 -82.13239
4 0870-00-23-9176 David & Patty Covington 35.91144 -82.13371
5 0870-00-124052 Julia Allen 35.91334 -82.13763
t
Ma9 0:3 05 09:51a
NORTH CAROLINA
p.2
MITCHELL COUNTY
AN EMERGENCY PROCLAMATION
OF THE
MITCHELL COUNTY BOARD OF COMMISSIONERS
WHEREAS, Mitchell County suffered "severe flooding" during the month of September; and
WHEREAS, severe property damage has occurred within Mitchell County, creating debris
accumulation and mud slides; and
WHEREAS, pursuant to Chapter 166A of the General Statutes and Article 36A Chapter 14 of
the General Statutes, an emergency proclamation was issued to maintain order
and protect lives or property during the state of emergency.
NOW, THEREFORE IT IS PROCLAIMED by the Chairman of the Mitchell County Board of
Commissioners that it is necessary to authorize county officials, their agents, or
assigns to enter onto private property within Mitchell County for the purpose of
removing debris accumulation and stabilizing mud slides.
IT',JS FURTHER PROCLAIMED that the Mitchell County Board of Commissioners adopted an
Emergency Proclamation on September 29, 2004 to take effect upon its
execution and remain in effect' for one hundred and eighty days thereafter. It has
since been determined that term needs to be extended for and additional one
hundred and eighty days for a4otal of three hundred and sixty days.
Proclaimed this the 2"a day of May 2005.
Attest:
Ka n Cle to the Board

ei Masters, Chairman
a1
MITCHELL COUNTY
26 CRIMSON LAUREL CIRCLE, Suite 1
BAKERSVILLE, NC 28705
Telephone: [phone] Fax: [phone]
February 17, 2005
Altamont Environmental; Inc.
50 College Street
Asheville, NC 28801
P.1
L
Diu
E-mail: [e-mail]
Dear Stu:
On January 20, 2005 at the Special Session of the Mitchell County Board of
Commissioners, they executed a contract for professional services relative to
EWP Project. Pursuant to this the Mitchell County Board of Commissioners
upon approval by County Attorney Hise, hereby authorizes Altamont
Environmental, Inc. to sign and execute all necessary permits and coordinate
communications with said regulatory agencies.
If you should have any questions concerning this matter or require additional
information, please do not hesitate to contact me.
Sincerely,
Phil Castro
Acting County Manager
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DSR No. M2004-20 50 COLLEGE STREET, ASHEVILLE, NC 28801
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 051139
(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 Suffer 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: ?
H. Applicant Information
1) Owner/Applicant Information
Name: Kathy Young Mitchell County Clerk to the Board of Comm' a? D
a
Mailing Address: Administration Building Suite 2
26 Crimson Laurel Circle JUN 2 3 2005
Bakersville, North Carolina 28705
DENRpNWATER
STORMW?? ``BRANCH
Telephone Number: [phone] Fax Number: (828) 68 -
E-mail Address: kyoung@mitchell. main. nc. us
2) Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
1
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Brushy Creek EWP M2004-20
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See attached Table I
4. Location
County: Mitchell County Nearest Town: Spruce Pine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Spruce Pine take Hwy 19E
south to Estatoe. Look for the Texaco station and Cash Points machine at the intersection of
Penland Rd. (SR # 1162). See Figure 1 for general location.
To access Work Area # I (Figure 2) turn left at the Cash Points machine off 19E onto SR #
1235. Take an immediate left onto Brushy Crk Rd (SR # 1156) and follow this upstream
approximately 2 miles. After passing a pond on the right the road will make a horseshoe
curve to the right. In the middle of the curve turn left onto gravel road (unmarked). Follow
this a few hundred yards to 119 Burleson Blvd.
To access Work Areas # 2 - # 5 (Figure 3) turn right off 19E onto Penland Rd. (SR # 1162).
Make an immediate left onto Rabbit Hop Rd. (SR # 1160). Work Area # 2 is down a
driveway on the right just after crossing the f rst bridge. Sites # 3 & # 4 are further down
Rabbit Hop Rd. on the right, and Work Area # 5 is just upstream of the next bridge.
5. Site coordinates, if available (UTM or Lat/Long): 35.904833° N 182.132667° W (approximate
center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Multiple - See attached Table 1
7. Nearest body of water (stream/river/sound/ocean/lake): Brushy Creek
2

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/mal)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:
Land use in the vicinity of the proposed project site consists ofprimarily agricultural and
forested areas along with residential uses. Portions of Brushy Creek were heavily impacted
during Tropical Storms Frances and Ivan. In numerous locations, the stream is clogged with
woody and non-native debris, reducing the hydraulic capacity of the channel. Additionally,
five areas of streambank erosion threaten the stability of adjacent properties and structures.
10. Describe the overall project in detail, including the type of equipment to be used:
The EWP project area known as DSR No. M2004-20 is addressed by this permit application.
The project area consists of Brushy Creek and its tributaries. The total estimated disturbed
area for activities covered under this PCN is approximately 0.86 acres. Since this is less than
the Erosion and Sediment Control Plan permitting threshold of 1 acre, a formal approval of the
Erosion and Sediment Control Plan elements of this proposal is not needed. However, the total
disturbed length of the buffer areas for Work Areas # I & # 2 are more than 100 feet, therefore
a formal request for a Trout Waiver is being submitted.
Brushy Creek is classified as `Class C' and `Trout' waters throughout the project area. The
following activities are proposed in the project area:
1) Five distinct areas in need of stream bank stabilization have been identified, totaling
approximately 495 linear feet. High water flow has severely eroded stream banks in these
areas. In places, the riverbanks are over-steepened and very unstable, threatening
structures and property. Repairs in these areas will involve the following:
• Stabilize the channel in its post flood configuration using organic and rock structures.
• Stabilize the river banks by: removing unstable vegetation; stabilizing the toe of the
slope where necessary by placing large angular stone just above the water level, or by
the use offiber logs; backfilling behind and above the stone with rocky debris removed
from the jloodplain or imported'.to the site; topping with planting media and planting
native vegetation.
2) Removal of organic, mineral, and non-native material from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation of existing cross-
sections and regional curves.
I3) Softening of minor over-steepened banks and riparian planting.
Work will include: stream bank stabilization in several areas described below. Equipment
used to accomplish the above tasks includes: rubber tired skidders, 15 ton dump truck
hydraulic track mounted excavator with thumb, and chainsaws.
The general location of the five streambank repair areas is provided in Figures 1- 3.
Representative photos from these areas are included as Figures 4-12. Repairs for each of the
streambank stabilization sites are detailed in Figures 4A -12A.
Sh a am b a n k Sta b it i zafio n
Streambank stabilization is needed on approximately 495 feet of banks within the project area.
Stabilization is required at the five distinct locations shown in Figures 2 & 3.
Repair at each of the five areas will generally include stabilizing the bank in its current
location. A key in trench will be excavated on the outside of the curve at the base of the existing
slope as necessary. Large (three to four foot diameter) angular rock large diameter logs
(greater than 2 feet), and/or natural fiber logs will be used to stabilize the toe of the bank at
high stress locations (e.g. the outside of bends). A second tier of material will be used, as
needed. The area behind the material will be back filled with rocky debris material excavated
from the floodplain or imported material, and topsoil will be placed on the top of the
reconstructed bank to aid in the establishment of vegetation. Where sufficient space is
available a bankfull bench will be constructed in the fill area to increase hydraulic capacity and
enhance future bank stability. The area will be seeded with grasses upon completion of heavy
equipment work With the landowner's permission, live stakes and bare root stock native trees
and shrubs will be planted on top of the bank stabilization work. In areas where high stress on
the toe is not expected (e.g. the inside of bends and straight sections with low banks), the use of
large material is not necessary, and logs or natural fiber logs will be used to provide the
necessary toe stabilization.
Work will be performed from the riverbank to the extent possible. In some locations, work will
occur in the dry above the normal water surface level. However, given the existing condition of
the stream bank and channel at these locations, it is likely that the stabilization of the toe of the
banks will occur in the wet. In such cases, sand bags, or the equivalent, will be used to deflect
water flow away from the work area, as well as prevent water from accumulating in the work
area. Standard erosion and sedimentation control measures, as subsequently described, will be
utilized throughout the project.
The work addressed in this application is intended to improve the post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks that are threatening
structures. The proposed actions are not intended to enhance existing conditions or restore the
stream reaches using natural channel design techniques. Such activities would require detailed
engineering evaluation and design, which are beyond the intent of the EWP program.
On May 2, 2005, in anticipation of upcoming work under the EWP Program, the Board of
Commissioners of Mitchell County passed a resolution authorizing access to private land in
order to conduct EWP repairs. For this reason, individual Access Agreements are not
necessary for the work proposed in this PCN. A copy of the resolution is attached to this
application. A summary ofproperty owners is included as Table 1_
4

At the site, work shall proceed from downstream to upstream to reduce sediment loading. All
staging areas will be less than half an acre in size. Work will proceed as follows at each work
area (as applicable):
1. Flag the work limits.
Z Mark live trees and shrubs to be protected.
3. Construct temporary construction entrance%xits where necessary.
4. Install sediment fence around staging areas.
S. At the end of each workday install erosion control matting on exposed soil using removable
stakes. Erosion control mats will be constructed of coir fiber or a coin fiber mixture fabric
for maximum erosion protection, vegetation establishment assistance, and for minimal
impact on wildlife.
6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired
streambanks where necessary:
7. Fill and compact behind boulders, logs, or fiber rolls. Cover with topsoil, install erosion
control mat, and seed.
& Inspect and maintain repairs.
A site-specific engineering design based on a specific storm event was not completed because
the EWP program is not intended to fund stream restoration design or construction work
Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss of property or life. Because natural channel
design methods are beyond the scope of the EWP program, published literature values were
consulted in order to specify the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter cloth will be placed
behind large rock used for streambank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. Clean, large,
angular rock, large woody material, and natural fiber erosion control mats will be used for
streambank stabilization.
Once site construction has ceased, the banks of the restored channel will be seeded with a
native jloodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used
(when available) to line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabric/sod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally 15-201bs/acre depending on species. Native shrub and tree species will be
planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and
providing future shading to the channel. Existing woody vegetation will be preserved to
minimize project impacts. The following steps will be observed with respect to vegetation:
1. Exposed soil will be covered with erosion control matting at the end of every workday.
Mats will be secured using removable stakes.
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 mixture immediately following completion of the work in those areas. Tall
fescue will not be used in riparian areas.
3. When possible sod will be taken from adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate stabilization within five days of ground
disturbing activities.
4. If sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground disturbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.
5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain
6. Woody vegetation will be planted during the dormant growing season, assuming landowner
permission.
Removal of Organic and Rocky Debris
The applicant recognizes that some woody debris in the riparian zone is a necessary component
of habitat integrity and will strive to remove only non-native objects and those debris elements
considered an immediate or impending threat to life and structures. Contractors performing
debris removal tasks will be instructed to access debris on both sides of the river from the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel. In some circumstances, it is likely that chainsaw operators
or heavy equipment support personnel may need to get in the river to cut or help free debris jams
being removed. In addition, large debris being pulled from the riverbank may result in some
riverbank scour. The applicant will instruct contractors performing the work to refrain from
cutting any live vegetation unless it is leaning toward the river at more than a 30-degree angle
and the river is entrenched or the riverbank is unstable at that point. Debris removed will be
hauled off site or chipped and disposed of in the flood plain. In cases where it is determined that
large woody debris can be utilized in current or projected future bank stabilization work, such as
in log vanes or as root wads, these articles may be stored on site out of the floodway upon
landowner permission. All areas disturbed due to debris removal and equipment access will be
reshaped and reseeded. Access to the channel will be perpendicular to the channel. Precaution
will be taken to protect mast production and stream canopy trees. Dead trees that provide den
habitat and are determined to pose no hazard to the channel shall be protected
Rocky debris within the flood plain and channel that reduces the hydraulic capacity of the
channel will be removed using an excavator. The removal of rocky debris will proceed from the
stream channel back toward the streambank allowing the excavator to work on the debris pile.
The reconfigured floodplain will be shaped in a manner intended to restore the hydraulic
6
capacity of the stream system. Rocky debris removed from the floodplain will be used to
stabilize the streambanl; or will be hauled offsite. At sites where there is no eroded streambank
in the immediate vicinity, the excavated material will be used to strengthen the natural berm of
the streambank or will be hauled off site. In no case shall the deposited material be placed at an
elevation higher than the existing streambanks.
11. Explain the purpose of the proposed work:
The work being described is exigency work under the Emergency Watershed Protection program
to protect existing property and structures. -Streambank stabilization will also prevent further
erosion and sedimentation to the Brushy Creek and-North Toe River resource.
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
7
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Proposed impacts include stream bank stabilization. Precautions will be. taken to keep heavy
equipment out of the stream channel except where absolutely necessary to install bank
stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment
and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to
minimize sedimentation.
2. Individually list wetland impacts below:
There will be no wetlands impacted at this site.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(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 cleanng, grading, nil,
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://www.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, 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
Site Number (see
figure 2)
Type of Impact* Length of
Impact
(linear feet)
Stream
Name** Average Width
of Stream
Before Impact
(ft)
Perennial or
Intermittent?
Area '# 1 (Figure 2) Streambank Stabilization 125 Brushy Crk. 8 Perennial
Area # 2 (Figure 3) Streambank Stabilization 250 Brushy Crk. 12 Perennial
Area'l# 3 (Figure 3) Streambank Stabilization 45 Brushy Crk. 10 Perennial
Area 4 (Figure 3) Streambank Stabilization 45 Brushy Crk. 10 Perennial
Area # 5 (Figure 3) Streambank Stabilization 30 Brushy Crk. 10 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stgeam 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 ofUSGS maps (e.g., www.tot)ozone.com,
www.magguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 495 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 N"ber
(indicge on map)
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: Ml, excavation, dreagmg,
flooding, drainage, bulkheads, etc.
$. Pond Creation
9
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
On behalf of Mitchell County, Altamont will provide contractors engaged in the implementation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during streambank stabilization and
stream relocation work; except where absolutely necessary to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allow for bank stabilization and debris removal sufficient to restore the
hydraulic capacity of the channel. Temporary grass cover shall be planted on all bare soil within
5 days ofground disturbing activities. Provided landowners give permission, herbaceous and
woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank
stabilization work Mitchell County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are being followed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
10

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/ncwetlands/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.
NM
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 httv://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
UL Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
11
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 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
12

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.
Impervious acreage will not change. Erosion and sedimentation prevention and control will be
maintained throughout this project primarily through proper water management, construction
sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of
suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other
potential sources of water pollution will not be stored in areas that could be flooded during this
project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Portable facilities shall be provided at the work site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
MV. Other Circumstances (Optional):
13
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
, ,?Q -a.,
Applican Agent's ature Date
(Agent's signature is valid y if an authorization letter from the applicant is provided.)
14
- - - Table 1 - - -
Affected Parcels
Brushy Creek DSR No. M2004-20
Mitchell County, North Carolina

BANK

REPAIR
PIN
OWNER
ADDRESS
CITY
STATE
ZIP PARCEL SIZE STREAMBANK

AREA NO. (ACRES) STABILIZATION
1 0779-00-52-5947 Bobby Burleson 119 Burleson Blvd. Spruce Pine NC 28777 1.70 x
2 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine NC 28777 406.35 x
3 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine NC 28777 406.35 x
4 0870-00-23-9176 David & Patty Covington P.O. Box 428 Spruce Pine NC 28777 406.35 x
5 0870-00-12-4052 Julia Allen 1012 Rabbit Ho Rd. 'S ruce Pine NC 28777 4.51 x

Table 2
Affected Parcels Locations
Brushy Creek DSR No. M2004-20
Mitchell County, North Carolina
BANK
LATITUDE
LONGITUDE
REPAIR PARCEL PIN # OWNER
(DD) (DD)
AREA NO.
1 0779-00-52-5947 Bobby Burleson 35.88929 -82.12158
2 0870-00-23-9176 David & Patty Covington 35.91071 -82.12914
3 0870-00-23-9176 David & Patty Covington 35.91102 -82.13239
4 0870-00-23-9176 David & Patty Covington 35.91144 -82.13371
5 0870-00-124052 Julia Allen 35.91334 -82.13763
Ma9 03 05 09:51a
NORTH CAROLINA
AN EMERGENCY PROCLAMATION
OF THE
MITCHELL COUNTY BOARD OF COMMISSIONERS
p.2
MITCHELL COUNTY
WHEREAS, Mitchell County suffered severe flooding" during the month of September; and
WHEREAS, severe property damage has occurred within Mitchell County, creating debris
accumulation and mud slides; and
WHEREAS, pursuant to Chapter 166A of the General Statutes and Article 36A Chapter 14 of
the General Statutes, an emergency proclamation was issued to maintain order
and protect lives or property during the state of emergency.
NOW, THEREFORE IT IS PROCLAIMED by the Chairman of the Mitchell County Board of
Commissioners that it is necessary to authorize county officials, their agents, or
assigns to enter onto private property within Mitchell County for the purpose of
removing debris accumulation' and stabilizing mud slides.
IT IS FURTHER PROCLAIMED that the Mitchell County Board of Commissioners adopted an
Emergency Proclamation on September 29, 2004 to take effect upon its
execution and remain in effect for one hundred and eighty days thereafter. It has
since been determined that term needs to be extended for and additional one
hundred and eighty days for a total of three hundred and sixty days.
Proclaimed this the 2nd day of May 2005.
Attiest:
4L
Ka n Cle to the Board
1 ?Iwo -?
C eit Masters, Chairman

4•
Feb 17 05 04:50p p.1
L
c
?++r
MITCHELL COUNTY 3
26 CRIMSON LAUREL CIRCLE, Suite 1 E-mail: [e-mail]
BAKERSVILLE, NC 28705
Telephone: [phone] Fax: [phone]
February 17, 2005
Altamont Environmental; Inc.
50 College Street
Asheville, NC 28801
Dear Stu:
On January 20, 2005 at the Special Session of the Mitchell County Board of
Commissioners, they executed a contract for professional services relative to
EWP Project. Pursuant to this the Mitchell County Board of Commissioners
upon approval by County Attorney Hise, hereby authorizes Altamont
Environmental, Inc. to sign and execute all necessary permits and coordinate
communications with said regulatory agencies.
If you should have any questions concerning this matter or require additional
information, please do not hesitate to contact me.
Sincerely,
G?c
Phil Castro/
Acting County Manager
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Brushy Creek
Mitchell County, North Carolina
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50 COLLEGE STREET, ASHEVTLLE, NC 28801
TEL. [phone] FAC. 828.281.3351
www.altarnontenvironmental.com 06-02-05
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Streambank Stabilization Sites
Work Area # 1
DSR M2004 - 20
Brushy Creek
Mitchell County, North Carolina
ENGINEERING & HYDR_OG_EOLOGY
50 COLLEGE STREET. ASI-IEVILLE, NC 28801
TEL. [phone] FAC. 828 281.3351
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06-02-05

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DSR M2004 - 20 50 COLLEGE STREET, ASHEVILLE, NIC 28801
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DSR No. M2004-20
Mitchell County, North Carolina
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] Fa.C.828.281.3351
www.altamontenvironmental.com

E N G I N E E R I N G & H Y D R 0 G E 0 L 0 G Y
50 COLLEGE STREET, ASHEVILLE, NC 28801
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www. altwn ontenvironmental. com
DRAWN BY: PAUL DOW
PROJECT MANAGER: STU RYMAN NOT TO SCALE
CLIENT: MITCHELL COUNTY
DATE: 6/16/05
BANK STABILIZATION FIGURE
AREAS
BRUSHY CREEK - AREA I
DSR No. M2004-20 4a
MITCHELL COUNTY, NC
FILE PATH: P:\MITCHELL\DSRS\DSR 20 - BRUSHY CREEK\ CONCEPTUAL DESIGN PHOTOS.DWG

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DSR No. M2004-20
Mitchell County, North Carolina

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CLIENT: MITCHELL COUNTY
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DRAWN BY: PAUL DOW
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Mitchell County, North Carolina
50 COLLEGE STREET, AS}iEviLLE, NC 28801
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Mitchell County, North Carolina

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[Fwd: [Fwd: [lewd: 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]>
fyil- 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]>
Dade: Wed, 16 Mar 2005 15:43:18 -0500
To:' Cyndi Karoly <[e-mail]>
Cyndi - In answer to, your question yesterday it appears that the fees are being
waived for the EWP associated 401s.
Subject: [Fwd: STream Clearing Activities]
From: Alan Klimek <[e-mail]>
Date: Wed, 16 Mar 2005 15:37:40 -0500
To: Tom Reeder <[e-mail]>

Yes, the fees are being waived. See attachment.
Alan
------ - Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <robin.w.smith(ancmail.net>
Organization:NC DENR
To:Alan Klimek <Alan.Klimek(?,ncmail.net>, Jim Simons <Jim.Simons(a ncmail.net>,
David Vogel <David.Vogel(ancmail.net>
CC:Johanna Reese <Johanna.Reese(cr,ncmail.net>, Nann Guthrie
<Nann.Guthrie(ancmail.net>
911: 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
howisoon 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 A
[Fwd: [Fwd: [Fjord: STream Clearing Activities]]]
- .... -- ------. _ -- --------- - - ?. -- .. .......... -_- -_ _
Content-Type: application/msword
Stream-Clearing. Activities-Moc ;
Content-Encoding: base64
2 of 2 3/17/2005 6:46 A
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 (E)AP) 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
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February 25, 2005
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control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EAT permit s requested by September 1, 2005.
I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. If we can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a-primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information sheet also provides contact information for DENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.
Sincerely,