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HomeMy WebLinkAbout20051140 Ver 1_Complete File_20050623r Kathy Young, Mitchell County Clerk Mitchell County Board of Commisioners Sdministration Building 2 26 Crimson Laurel Circle Bakersville, NC 28705 Michael F. Easley, Governor 14 QG William G. Ross Jr., Secretary j r North Carolina Department of Environment and Natural Resources a -r Alan W. Klimek, P.E. Director Division of Water Quality July 5, 2005 DWQ Project # 05-1140 Mitchell County Subject Property: Big Rock Creek (EWP M2004-19) 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 190 feet of streams for the purpose of streambank stabilization at the subject properties, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 19, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3376 (3376). The Certification (s) allows you to use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150! linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: Wetlands Certification Unit 1650 Mail Service Center,!Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, ,$uite 250, Raleigh, North Carolina 27604 'hone: 919-733-1786 /FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands NonrthCarolina Naturally 1n Equal Opportunity/AffirMative Action Empbyer- 50% Recycled/10% Post Consumer Paper IVIM ICH wuuty: Page 2 of 6 July 5, 2005 It 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 190 (feet) Big Rock 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. Mitchell County: Page 3 of 6 July 5, 2005 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Big Rock Creek is classified. C, Trout. As such, the following Administrative Codes apply: 15A NCAC 0413.0125 and 15A NCAC 0213.0211 7. Sediment and erosion control measures must be implemented prior to construction and maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur on all bare soil within five (5) days of ground disturbing activities to'provide long-term erosion control. The projects should be accomplished in stages instead of leaving large tracts exposed to further storm events. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in stgep slope and riparian areas, unless authorized under Division of Land Resources Erosion and Sediment Control approval. Matting should be secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an anticipated difficulty in establishing ground cover during the winter, reseeding should be conducted, as necessary, in the spring-time with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 8. Only clean, large, angular rock, large woody material, or other natural stream design materials and techniques should be used for bank stabilization. Rock should not be placed in the stream channel in a manner that constricts stream flow or that will impede aquatic life movements during low flow conditions. Filter cloth should be placed behind large rock that is used for bank stabilization. Properly designed rock vanes should be constructed wherever appropriate on bank stabilization and channel realignment stream reaches to improve channel stability and to improve aquatic habitat. Root wads should be installed low enough in the bank so that a significant portion (at least one-third) the root wad is inundated during normal flows. innLneu county: Page 4 of 6 July 5, 2005 9. The channel must be restored to a more stable condition. However, under no circumstances should river rock, sand or other materials be dredged from the stream channel under authorization of this permit except, if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for reestablishing the natural and more stable stream channel dimensions. Stream bed materials are unstable in flowing-water situations and are unsuitable for bank stabilization. Stream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the stream upstream and downstream of the permitted area should not be modified by widening the stream channel or changing its depth. 10. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable stream bank areas in a natural condition. Grading and backfilling should be minimized and tree and shrub growth should be retained where possible to ensure long term availability of stream bank cover for aquatic life and wildlife. 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 stream stability is a concern with this type of work, it is strongly recommended that woody vegetation be established along stream banks where possible. Any riparian vegetation planting should be performed in accordance with the Guidelines for Riparian Buffer Restoration. (httn://h2o.enr.state.nc.us/wro/adf/buffers.r)df ) 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. T y<. Page 5 of 6 July 5, 2005 16If 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. 17Diffuse 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. 18Water 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. 19Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as; authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1VULL ICH L. UU[Ily: Page 6 of 6 July 5, 2005 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, C ?-? Alan W. Klimek, P.E. AW K/khb Enclosures: GC 3376 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Stu Ryman Altamont Environmental, Inc. 50 College Street Asheville, NC 28801 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 05-1140. EWP.Mitchel [County.BigRockCreek.Approval Detallsl I` ..,. ._ .. ?? ProJectNumber. 20051140 Version: 1 Status: Issued LaslActlonDesc: ProJectlssued `ProJectName: Mitchell County EWPBig Rock Creek M2004-19 'ProJectType: l8treamRestoration ICreation ProJectDesc: 'EWP 'Owner: Mitchell County Clerk Board OfCommisoners Details._ *Received From: (Applicant COE ID: "Primary County: IMltchell Received Dt: 10812312005 DOTTIP: -Admin Region: lASheville Issued Dt: 106/29/2005 Reviewer: Ikevin.barnett Statutory Dt: ,0812212005 • I DCMOfte: alaaa `Secondary County - - COE Ofece: lieville Regulatory Field Omce IEPAI SEPA Received Dt: Last Updated By: ;laurie.dennison SW Plan Received Dt Last Updated On: 0613012005 SW Plan Approved Dt Public, Notice Published Dt SW Plan Locatlon: Public Notice Received Dt: Sewage Disposal: l P.N. Comment Period Ends Dt: <Back I - I Close i } i i I l h l Triage Check List FILE COPY Date: 06/29/05 Project Name: Mitchell County EMT - Big Rock Creek M2004-19 DWQ#: 05-1140 County: Mitchell Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 6/23/05 to 8/21/05 From:' Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. Stream length impacted El Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues [] Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) Pond fill Mitigation Ratios Q Ditching [] Are the stream and or wetland mitigation sites available and viable? Check drawings for accuracy El Is the application consistent with pre-application meetings? Cumulative impact concern UT to Young's Creek (TROUT WATERS) 0 Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh aE well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks ! June 20, 2005 Ms. Cyndi Karoly Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 50 COLLEGE STREET, ASHEVILLE, NC 28801 05114(l ' TEL. 828.281.3350 FAc.828.281.3351 www.altarnontenvironmental.co JUN 2 3 2005 FILE CUPT E DENR - WAFER UUA;LITV YYETLM AND STORMWATFR BRANCH Subject: Mitchell County EAT Project Pre-Construction Notification Application for Green Creek DSR M2004-04b, Big Rock Creek DSR M2004-19 and Crabtree Creek DSR M2004-21 Dear Ms. Karoly: Enclosed are six copies of the Green Creek DSR M2004-04b, Big Rock Creek DSR M2004-19 and Crabtree Creek DSR M2004-21 applications for Section 404 nationwide permit 37, and corresponding DW1Q 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. Altamont appreciates your assistance with this application. If you would like additional information, please contact the undersigned. Sincerely, Stuart A. Ryman, P.G. Enclosures: PCN Green Creek M2004-04b PCN Big Rock Creek M2004-19 PCN Crabtree Creek M2004-21 l? Christo er F. ilbert, P.E. CC: Kathy Young - Mitchell County Clerk to the Board (transmittal letter only) Cliff Vinson - District Conservation Officer NRCS (transmittal letter only) Kevin Barnett - NCDENR DWQ, Asheville Regional Office PAMitchell\Correspondence\DWQ PCN Cover Letter-Caroly-DSR 19,21.doc ENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, AsBEEviLLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com June 20, 2005 Mr. Scott McLendon US Army Corps of Engineers 15J Patton Avenue Room 208 As NC 28801-5006 Subject: Mitchell County EWP Project Pre-Construction Notification Application for Green Creek DSR M2004-04b, Big Rock Creek DSR M2004-19 and Crabtree Creek DSR M2004-21 Deer Mr. McLendon: Enclosed is one copy each of the Green Creek DSR M2004-04b, Big Rock Creek DSR M2004-19 and Crabtree Creek DSR M2004-21 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 applications directly to Mr. Kevin Barnett in the Swannanoa office, Ms. Cyndi Karoly of the Division of Water Quality, Brian Cole in the Asheville U.S. Fish and Wildlife Service office, and Mr. Rork Linville in the N.C. Wildlife Resources Commission office. Altamont appreciates your assistance with this application. If you would like additional information, please contact the undersigned. Sincerely, " Enclosures: CC: I PCN Green Creek M2004-04b PCN Big Rock Creek M2004-19 PCN Crabtree Creek M2004-21 Christ er it ert, P.E. Kathy Young - Mitchell County Clerk to the Board (with attachments) Cliff Vinson - District Conservation Officer NRCS (with attachments) Brian Cole - U . S. Fish and Wildlife Service (with attachments) Ron Linville - North Carolina Wildlife Resources Commission (with attachments) Cyndi Karoly - NCDENR Division of Water Quality (with attachments) Kevin Barnett - NCDENR DWQ, Asheville Regional Office (with attachments) PAN iWhell\Correspondence\ACOE PCN Cover Letter-DSR 19.doc f FIL.E COPY Office Use Only: Form Version May 2002 USAGE Action ID No. DWQ No. 0 5 1 1 4 0 (If anylparticular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? U. ;Applicant Information 1) Owner/Applicant Information Name: Kathy Young Ahtchell County Clerk to the Board of Commissioners Mailing Address: Administration Building, Suite 2 26 Crimson Laurel Circle ?j Bakersville, North Carolina 28705 JUN 2 3 2005 Telephone Number: (828) 688-2139 Fax Number: (828) 688-444&NR -)NATER QUAL'rr E-mail Address: kyoung@mitchell. main. nc. us wEtu?Nas AND szoRMwAZER BRANCH 2) Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Stuart A. Ryman Company Affiliation: Altamont Environmental, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 % Fax Number: (828) 281-3351 E-mail Address: sryman@altamontenvironmental.com 1 M. 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: Big Rock Creek EWP M2004-19 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table 1 4. Location County: Mitchell County Nearest Town: Bakersville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Bakersville take Hwy 226 N to Buladean. Next, turn right onto Hughes Gap Rd. (SR # 1330). Both sites are on Hughes Gap Road. Work Area # I is near the top of the watershed, house # 3136 (See Fig. 2). This is approximately 2 miles upstream from the intersection of Hughes Gap Rd and Hughes Rd. Work Area # 2 is on the left, approximately %4 mile past the intersection of Hughes Gap Rd and Hughes Rd. The house address is # 1081 Hughes Gap Rd. (See Fig. 3). 5. Site coordinates, if available (UTM or Lat/Long): 36.127583° N182.1687500 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): Big Rock Creek 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt p•//h2o.enr.state.nc.us/admin/mgps/.) 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 areas and residential uses. Portions of Big Rock 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, two 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. M2004-19 is addressed by this permit application. The project area consists of Big Rock Creek and its tributaries. The total estimated disturbed area for activities covered under this PCN is approximately 0.44 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. WorkArea #1 is separated from Work Area #2 by over 1, 000 feet, therefore they will be considered separate units. The total disturbed length of the buffer areas for Work Areas # I and # 2 is less than 100 feet, therefore a formal request for a Trout Waiver is not being submitted. Big Rock Creek is classified as `Class C' and `Trout' waters throughout the project area. The following activities are proposed in the project area: 1) Two distinct areas in need of stream bank stabilization have been identified, totaling approximately 190 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; bacolling behind and above the stone with rocky debris removed from the floodplain or imported to the site; topping with planting media and planting native vegetation. 2) Removal of organic, mineral, and non-native material from areas where the hydraulic capacity of the stream channel has been reduced based upon evaluation of existing cross- sections and regional curves. 3) Softening of minor over-steepened banks and riparian planting. Work will include: streambank 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 two streambank repair areas is provided in Figures 2 & 3. Representative photos from these areas are included as Figures 4- 8. Repairs for each of the streambank stabilization sites are detailed in Figures 4A - 8A. Sire am b a n k St a b i l iz al i on Streambank stabilization is needed on approximately 190 feet of banks within the project area. Stabilization is required at the two distinct locations shown in Figures 2 and 3. Repair at each of the two 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, 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 of property 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): L 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. 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 coin fiber mixture fabric for maximum erosion protection, vegetation establishment assistance, and for minimal impact on wildlife. The applicant is considering the use ofpre-vegetated coir mats to improve erosion control measures and speed the re-vegetation process. 6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired 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 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 speck the bank stabilization and erosion control materials and methods described in this document. For example, we have specified that filter cloth will be placed behind large rock used for streambank stabilization or for in-stream structures to increase the stability of the repair measures and minimize sediment loading to the stream. If root-wads are used they will be installed so that at least 113 of the root is inundated during normal flows. Clean, large, angular rock, large woody material, and natural fiber erosion control mats will be used for streambank stabilization. Once site construction has ceased, the banks of the restored channel will be seeded with a native floodplain seed mix and the high stress areas will be lined with erosion control (EC) matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used (when available) to line the near bank regions of the constructed/stabilized channel to provide immediate stability. Live stakes and matting staples will be used to secure the EC fabric/sod- matting in these high. stress areas. Broadcast seeding rates will be as specified from the local nursery, generally I5-20 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. 2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary native grass mixture immediately following completion of the work in those areas. Temporary seeding will be accomplished using an application rate of 120 pounds per acre. Tall fescue will not be used in riparian areas. 3. When possible sod will be taken from adjacent areas (with landowner permission) and placed on exposed soil to provide immediate stabilization within five days of ground disturbing activities. 4. If sod is not available on-site temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control. If sod is used, the bare area left after removal of sod will be planted. 5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet, or other grain 6. Woody vegetation will be planted during the normal growing season assuming landowner permission. Removal of Organic and Rocky Debris The applicant recognizes that some woody debris in the riparian zone is a necessary component of habitat integrity and will strive to remove only non-native objects and those debris elements considered an immediate or impending threat to life and structures. Contractors performing debris removal tasks will be instructed to access debris on both sides of the river from the bank on which the debris is located. Contractors will be instructed specifically to keep heavy equipment out of the river channel. 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 6. stabilize the streamban7; 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 Big Rock Creek and North Toe River resource. IV. j Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to minimize sedimentation. 2. Individually list wetland impacts below: There will be no wetlands impacted at this site. Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (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 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 Length of Stream Average Width of Stream Perennial or Site Number (see * Type of Impact Impact Name" Before Impact Intermittent? Figure 2) (linear feet) Area # 1 (Figure 2) Streambank Stabilization Area # 2 (Figure 3) Streambank Stabilization * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com yM.mapgnest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 190 linear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: There will be no impacts to open waters. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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 V H. 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 of ground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank stabilization work Mitchell County will provide a site manager to routinely inspect and supervise contractor work to help ensure impact avoidance instructions are being followed. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in 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.eni.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigations 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) 10 of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): NM IX. X Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? 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 11 justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X1. 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. 12 S•4 XU. 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 N XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Applicant/Agent's Signare Date (Agent's signature is valid only if authorization letter from the applicant is provided.) 13 NORTH CAROLINA 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 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 2"d day of May 2005. Attejst Ka n Cle to the Board- p. 2 eit Masters, Chairman 1TCHELL COUNTY T26 CRIMSON LAUREL CIRCLE, Suite 1 SAKERSVILLE, NC 28705 Telephone: 828-688-2139 Fax: 828-688-4443 February 17, 2005 Altamont Environmental; Inc. 50 College Street Asheville, NC 28801 P. 1 L c ?.u _ E-mail: mitcty@mitchell.main.nc.us 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, GQ/W Phil Castro Acting County Manager Table 1 Affected Parcels Big Rock Creek DSR No. M2004-19 Mitchell County, North Carolina BANK REPAIR PIN OWNER ADDRESS CITY STATE ZIP PARCEL SIZE STREAMBANK AREA NO. (ACRES) STABILIZATION 1 0867-00-07-0882 Charles Hone cuff 1081 Hughes Gap Rd. Bakersville NC 28705 3.46 x 2 0868-00-82-9008 Brown Low Mossitt 3136 Hughes Gap Rd. Bakersville NC 28706 9.72 x Table 2 Affected Parcels Locations Big Rock Creek DSR No. M2004-19 Mitchell. County, North Carolina BANK LATITUDE LONGITUDE REPAIR PARCEL PIN # OWNER (DD) (DD) AREANO. 1 0867-00-07-0882 Charles Honeycutt 36.13443 -82.15368 2 0868-00-82-9008 Brown Low Mossitt 36.11987 -82.18239 N S ,U Work Area #1 0 ` Work Area All e? L,? j)/.,??1l`?1 ? l l ..t ?J \ tJ • ,• ' \ ©? ii ? Irk ? +?q..<.? ??_. rprl? -'?.. r ? s ^l -aC? r w? ?J ? r.a Paul& t7A, r t r ?) l ? r. + ??? J I?, it J-- j 4 ^ ]. l a ,a ??, tom'--??-' ? 4??:? .r •V?; Y+??' . t? 113^ ? ?1f r~? .? t ;•? r ;r ?;_?? . ? Upstream extent of DSR Downstream extent of DSR ?_ x-71 1 '?. tits t ^d; Figure 1 Site Location Map DSR M2004 -19 Big Rock Creek Mitchell County, North Carolina l% ' . ENGINEERING &t HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenviromnental.com 05-12-05 Legend J Roads Surface Waters 100 0 100 200 Feet Figure 2 Streambank Stabilization Sites Work Area # 1 DSR M2004 - 19 Big Rock Creek Mitchell County, North Carolina ENGINEERING 6 HYDROGEOLOGY 50 COLLEGE STREET, ASI 11;VII.LH, NC 28801 TEL. 828.281.3350 FAC. 828.281.3351 www.altainontenvironmentgd.com 05-12-05 F afi?l IM?!S11S^ ? ? at t ?t , ? t a ? ? 4L r tir 4V'01 ¦ N.U 'ryf r ,a1 yy 'r . np? AAW, ILI , 44 t' °' rte }?. yh4 y?) ey ?u ` N-4 MW, 4?a r :iE a t•: t r` Figure 4 Big Rock Creek Area # 1 DSR No. M2004-19 Mitchell County, North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontcnvironmental.com ?• t Fur Lt ` ' - Fli ur ac. . IREALTAMONT [R PROPOSED BANK 1 R I N H Y R Y REPAIRS 50 COLLEGE STREET, ASHES ¢ LE, NC 28801 TEL.828281.3350 FAC8282813351 ww .altamontenvironmental.com BIG ROCK CREEK AREA #2 5A Z? DRAWN BY: PAUL Dow DSR No. M2004-19 PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC CLIENT: MITCHELL COUNTY DATE: 05/23/05 :I_ FILE PATH: P:\MITCHELL\DSRs\DSR 19 - BiG Rocrc CREEK\ CONCEPTUAL DESIGN P.T. D 1 I Yi, t I 'mod R , ? • ? T+--? ?` "• ?. s.? t* !'IA .Yin • t ' •' p ? I . 1{ y 1 1 74fr RR.??^^ - '. '41 0. -400 134 ` •,.. ? -'?'? ° •r ?1t Untti°? J , htq+ti t f All IT -%11 ?!?" ... . ?'R'. _'-."M'i?:., w,. ? LI ,r',r?.'_'1." ? ". ' ? '_".Jr .?' ,..'?, t? .. .. ??! ??` •'aa`_ "??intA?l Figure 6 Big Rock Creek Area # 2 DSR No. M2004-19 Mitchell County, North Carolina 50 COLLEGE STREET, ASHEVILLE, TIC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com I e. - ;gut !' . . ?"? 1 p ?a? N I N R I N G H Y R 0 Y 50 COLLEGE S TR-EET. ASxE\::-LE. i TEL.828.281.3350 FAC 828.-51.:351 w .altamontenvironmental. coin DRAWN BY: PAUL Dow PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: MITCHELL COUNTY DATE: 05/23/05 Ali .1 riti _ iks {? PROPOSED BANK FIGURE REPAIRS BIG ROCK CREEK AREA #2 Rid DSR No. M2004-19 MITCHELL COUNTY, NC FILE PATH: P:\MITCHELL\DSRs\DSR 19 - BIG ROCK CREEK\ CONCE,UAL D:siGN PHOTOS.D , ?? 1 4 1 X14 .+ .?.•.??? AA, fro. kj&R Figure 7 Big Rock Creek Area # 2 DSR No. M2004-19 Mitchell County, North Carolina 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 1'nC .828.281.3351 www.aItamontcnvironmenta1.com t?.. , ' Z ?l J rA°? ,mss , •` P' J •' y'am` PROPOSED BANK FIGURE ENGINEERING & HYID ROGEOLOGY REPAIRS 50 COLLEGE STREET, ASHE'v=- E. N-C 28501 TEL 828 281 3350 ironme32813551 7A www.altamontem?ronmental.com BIG ROCK CREEK AREA #2 DRAWN BY: PAUL Dow DSR No. M2004-19 PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC CLIENT: MITCHELL COUNTY DATE: 05/23/05 FILE PATH: P:\MITCHELL\DSRs\DSR 19 - BIG ROCK CREEK\ CONCEPTUAL DESIGN PHOTOS.DW n F. - BACKFILL. WITH ROCKY S AND TOPSOIL,'. -� SOFTEN SCOPE AS NEEDED. APPLY EROSION CONTROL MATTING AND - _ REATE. -.. 1lEGET , STABILIZE TOE OF BANK w WITH LARGE BOULD (KEY `tN BOt;LDERS AT - TOE FOR STABILIZATION t r - - - r y .# _ _ R y . t map :^ SEE FIGURE 7A W� s ALTAMONT ENVIRONMENTAL, INC. PROPOSED BANK .l z a Office Use Only: Form Version May 2002 USAGE Action ID No. DWQ No. 0.51140 (If any particular item is not applicable to this project; please enter "Not Applicable" or "N/A".) 1. Processing H. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete i section VIII and check here: ? 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: ? Applicant Information 1) Owner/Applicant Information ?Ta?@ D Name: Kathy Young Mitchell County Clerk to the Board of Commissr Mailing Address: Administration Building Suite 2 JuN 2 3 2005 26 Crimson Laurel Circle Bakersville, North Carolina 28705 D iTEA% BCH Dr-K WON" Telephone Number: (828) 688--2139 Fax Number: (828) 6884443 E-mail Address: kyoung@mitchell. main. nc. us Company Affiliation: Altamont Environmental, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sryman@altamontenvironmental.com 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 III. Project Information 'J #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 fall-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: Big Rock Creek EWP M2004-19 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table 1 4. Location County: Mitchell County Nearest Town: Bakersville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Bakersville take Hwy 226 N to Buladean. Next, turn right onto Hughes Gap Rd. (SR # 1330). Both sites are on Hughes Gap Road. Work Area # 1 is near the top of the watershed, house # 3136 (See Fig. 2). This is approximately 2 miles upstream from the intersection of Hughes Gap Rd. and Hughes Rd. Work Area # 2 is on the left, approximately I/ mile past the intersection of Hughes Gap Rd and Hughes Rd. The house address is # 1081 Hughes Gap Rd. (See Fig. 3). 5. Site coordinates, if available (UTM or Lat/Long): 36.127583° N/ 82.168750° 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): Big Rock Creek 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at hqp://h2o.enr.state.ne.us/admin/mqps/.) The 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 areas and residential uses. Portions of Big Rock 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, two 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. M2004-19 is addressed by this permit application. The project area consists of Big Rock Creek and its tributaries. The total estimated disturbed area for activities covered under this PCN is approximately 0.44 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. Work Area #1 is separated from Work Area 42 by over 1, 000 feet, therefore they will be considered separate units. The total disturbed length of the buffer areas for Work Areas # 1 and # 2 is less than 100 feet, therefore a formal request for a Trout Waiver is not being submitted. Big Rock Creek is classified as `Class C' and `Trout' waters throughout the project area. The following activities are proposed in the project area: 1) Two distinct areas in need of stream bank stabilization have been identified, totaling approximately 190 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. 3) Softening of minor over-steepened banks and riparian planting. Work will include: streambank 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 two streambank repair areas is provided in Figures 2 & 3. Representative photos from these areas are included as Figures 4- 8. Repairs for each of the streambank stabilization sites are detailed in Figures 4A - 8A. S&eamh=k Stabilization Streambank stabilization is needed on approximately 190 feet of banks within the project area. Stabilization is required at the two distinct locations shown in Figures 2 and 3. Repair at each of the two 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, 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 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. The applicant is considering the use ofpre-vegetated coir mats to improve erosion control measures and speed the re-vegetation process. 6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired 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 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. If root-wads are used they will be installed so that at least 113 of the root is inundated during normal flows. Clean, large, angular rock; large woody material, 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 constructedlstabilized 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. 2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary native grass mixture immediately following completion of the work in those areas. Temporary seeding will be accomplished using an application rate of 120 pounds per acre. Tall fescue will not be used in riparian areas. 3. When possible sod will be taken from adjacent areas (with landowner permission) and placed on exposed soil to provide immediate stabilization within five days of ground disturbing activities. 4. If sod is not available on-site temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control. If sod is used, the bare area left after removal of sod will be planted. 5. Re-seeding will be conducted, as necessary, with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet, or other grain 6. Woody vegetation will be planted during the normal growing season assuming landowner permission. Removal of Organic and RockyDebris 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 6. 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. 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 Big Rock 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 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 7 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 streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to minimize sedimentation. 2. Individually list wetland impacts below: There will be no wetlands impacted at this site. Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, 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 hqp://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 Length of Stream Average Width of Stream Perennial or Site Number (see Type of Impact* Impact Name** Before Impact Intermittent? Figure 2) (linear feet) (ft) Area # 1 (Figure 2) Streambank Stabilization 95 Big Rock Crk. 5 Perennial Area # 2 (Figure 3) Streambank Stabilization 95 Big Rock Crk. 12 Perennial * Dist each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, Gams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com www.mapguest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 190 linear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: There will be no impacts to open waters. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) # List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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 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 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 h?qp://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) 10 of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Ix Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide 11 justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. M. 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. 12 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XIII Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV.' Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A i Applicant/Agent's SignatAre Date ' (Agent's signature is valid only if !an authorization letter from the applicant is provided.) 13 -, l May 03 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 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. Pjroclaimed this the 2nd day of May 2005. AtIest: 4L Ka n Cle to the Board eit Masters, Chairman n i *Feb 17 05 04:50p f MITCHELL COUNTY 26 CRIMSON LAUREL CIRCLE, Suite 1 BAKERSVILLE, NC 28705 Telephone: 828-688-2139 Fax: 828-688-4443 February 17, 2005 Altamont Environmental; Inc. 50 College Street Asheville, NC 28801 p.l E t c 5... 4 E-mail: mitcty@mitchelt.main.nc.us H 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, Z ,?1l?cJ Phil Ca? Acting County Manager - Fable 1 Affected Parcels Big Rock Creek DSR No. M2004-19 Mitchell County, North Carolina BANK REPAIR PIN OWNER ADDRESS CITY STATE ZIP PARCEL SIZE STREAMBANK AREA NO. (ACRES) STABILIZATION 1 0867-00-07-0882 Charles Honeycutt 1081 Hughes Gap Rd. Bakersville NC 28705 3.46 x 2 0868-00-82-9008 Brown Low Mossitt 3136 Hughes Gap Rd. Bakersville NC 28706 9.72 x Table 2 Affected Parcels Locations Big Rock Creek DSR No. M2004-19 Mitchell County, North Carolina BANK LATITUDE LONGITUDE REPAIR PARCEL PIN # OWNER (DD) (DD) AREA NO. 1 0867-00-07-0882 Charles Honeycutt 36.13443 -82.15368 2 0868-00-82-9008 Brown Low Mossitt 36.11987 -82.18239 7 r 71R ,U ?Nr Work Area I #1 1 \ V ?f `? Work Area ?. t r r P 9j?eawlsL Tr r s? ?f ^t r Figure 1 Site Location Map DSR M2004 -19 Big Rock Creek Mitchell County, North Carolina Upstream extent of DSR • Downstream extent of DSR r ALTAMON'T ENVIRONXIENTAL, INC. IENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com 05-12-05 r, c, f A N y%k x P :1; I ov* x,. :. f 7 Ir 0'' i6 1A 1 `F_) ry.`. IR f r? , : • 7 d? U & Work Area y?..may ? ? "- .; Ly N? t S LY t T M ,, rip % ,4 ,. _ _ .ate: ?lJr Iv* Aw; Legend Figure 2 f\j Roads Streambank Stabilization Sites Work Area# 1 ENGINEERING Fu HYDROGEOLOGY1 Surface Waters DSR M2004 - 19 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC. 828.281.3351 Big Rock Creek www.altamonteiivlronmcntal.com 100 0 100 200 Feet Mitchell County, North Carolina 05-12-05 w - Rik F 41, A If 6 v y ^ 4CA Work Area #2 # Or i ` 4 . Legend J Roads Surface Waters 100 0 100 200 Feet Figure 3 Streambank Stabilization Sites Work Area # 2 DSR M2004 - 19 Big Rock Creek Mitchell County, North Carolina c 6 ? y 4 : , r r^ ,aw..:a ENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC. 828.281.3351 www.altamontenwonmcntal.com 05-12-05 r L j ?.i . ? •.;ti. r,F. ~?,y A*-, ?;?.. ? e?.? .fit"' -+_?..: !' .. .? -11. ?? . ? ?waJ. , .. _. !:'fi 1'rfa.. ,.v ,- .. f!r •?? i . i ?!'r; i' ? . r :??.' i5 5::. - -" L ? ' ?_, ?^T? 4. .., Figure 4 Big Rock Creek Area # 1 DSR No. M2004-19 Mitchell County, North Carolina E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, AsHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com ??sr„ex ?>` ,1* ?:?? -•Y.. u? ?? vir'4 s'k'is 't?;?? ? ,, ?- 'f, ???? k?ti. '? % R^ ,n i ., 'S 44 r . J` t A 4. rb "T A LP ?f 50 COLLEGE STREET, ASHEVILLE, NC 28801 'FEL 828.281.3350 FAC 828.281.3351 www.altamoiiteiivironmeiital.com DRAWN BY: PAUL Dow PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: MITCHELL COUNTY DATE: 05/23/05 ? y -'r 6;e4 PROPOSED BANK FIGURE REPAIRS BIG ROCK CREEK AREA #I 4A DSR No. M2004-19 MITCHELL COUNTY, NC FILE PATH: P:\MITCHELL\DSRs\DSR 19 - BIG ROCK CREEK\ CONCEPTUAL DESIGN PHOTOS.R @ N : 1. 1 T ?... ?rw?w.v?r>et. 1, Figure 5 Big Rock Creek Area 9 2 DSR No. M2004-19 Mitchell County, North Carolina ??. 4 77 7 4L E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE. NC 28801 TEI_.828?81.3350 FAC.828.281.3351 %N,c\c.,tltamontenvironmcntal.com I ?4 7.1 s ' - ?.? ?' _!,yRY•q 50 COLLEGE STREET, ASHEVILLE, NC 28801 ` TEL 828.281.3350 F.aC 828.281.3351 5A -;.??..,- ? _ - _ ? • _ w.vw alter„?»`zOV"°»»z1`? `°'» BIG ROCK CREEK AREA #2 DSR No. M2004-19 DRAWN BY: PAUL Dow PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC CLIENT: MITCHELL COUNTY DATE: 05/23/05 FILE PATH: P:\MITCHELL\DSRs\DSR 19 - Bic Rocs CREEK\ CONCEPTUAL DESIGN PHOTOS.D 1.9 t max.. a ?k. I.a Figure 6 Big Rock Creek Area # 2 DSR No. M2004-19 Mitchell County, North Carolina 4 rr?r E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com .. r -- - s ?t shy ,, S--' ?'k?+, '. z?,,. -. 't3.r..? _.. ?. .e-0! >w,+r'.:??:v:.. ?. .. _ _d ?wR,:._. ? ? - _ _ t?fe1 ?.? "?r`?e+`glbs `??i _. _... PROPOSED BANK FIGURE 0LOGY REPAIRS 50 COLLEGE STREET, ASHEVILLE, NC 28301 TEL alt noiite E,4C828.2in 1 6A wwS.altatnontenvironmental.co.com BIG ROCK CREEK AREA #2 DRAWN BY: PAUL Dow DSR No. M2004-19 PROJECT MANAGER: STU RYMAN NOT TO SCALE MITCHELL COUNTY, NC CLIENT: MITCHELL COUNTY DATE: 05/23/05 FILE PATH: P:\MITCHELL\DSRs\DSR 19 - BIG ROCK CREEK\ CONCEPTUAL DESIGN PHOTOS.[) - . Jy, ;t? 673 ., _ 9 r 'titer -a ? s- r? ? ?' f +A' P +k+ . esf `I 1'Tlr r s ? . «....,.A.,'q?R?7-r ?3y'.t?"? `s•Ti?w w ' T J+'S? s ?4' ?? .?j?.,?1, _ _ x y Figure 7 Big Rock Creek Area # 2 DSR No. M2004-19 Mitchell County, North Carolina tt: E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenviroil mental. com r , Ark, wtw ,? p • r t?,?,? ,A? 7w > J . mph -•i. r_r t? ?. ?.?r f,..i??,^" ? ?• c ? '-,se,. ,`0's L? .r ,e, ° a w t y??? ..- ;,r- ?`=?,?`;?„ ?°' ? ? ;? 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NC 28501 TEL 828.281.0350 E.ac828281.3351 ",a'`?'"°°`?°` ``°°'n`°`?`'`°'» BIG ROCK CREEK AREA #2 " 8A DRAWN BY: PAUL Dow DSR No. M2004-19 PROJECT MANAGER: STu RYMAN NOT TO SCALE MITCHELL COUNTY, NC CLIENT: MITCHELL COUNTY DATE: 05/23/05 A [Fwd: [?wd: [F?vd: STream Clearing Activities]]] Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]] From: Cyndi Karoly <cyndi.karoly@ncmail.net> Date: Wed, 16 Mar 2005 15:58:57 -0500 To: Laurie J Dennison <Laurie.J.Dennison@ncmail.net> fyi',- so please note that fees are waived when you create these files - perhaps a brief handwritten note in the file jacket, or we can add a copy of this message Subject: [Fwd: [Fwd: STream Clearing Activities]] From: Tom Reeder <tom.reeder@ncmail.net> Date: Wed, 16 Mar 2005 15:43:18 -0500 To: Cyndi Karoly <cyndi.karoly@ncmail.net> Cyndi - In answer to your question yesterday it appears that the fees are being waived for the EWP associated 401s. Subject: [Fwd: STream Clearing Activities] From: Alan Klimek <alan.klimek@ncmail.net> Date: Wed, 16 Mar 2005 15:37:40 -0500 To: Tom Reeder <Tom.Reeder@ncmail.net> Yes, the fees are being waived. See attachment. Alan ': ----- Original Message -------- Subject:STream Clearing Activities Date:Mon, 28 Feb 2005 09:40:08 -0500 From: "Robin W. Smith" <robin.w.smith(ancmail.net> Org:}nization:NC DENR To:Alan Klimek <Alan.Klimekpncmail.net>, Jim Simons <Jim.SimonsPncmail.net>, David Vogel <David.Vogel(a ncmail.net> CC:Johanna Reese <Johanna.Reese(a,ncmail.net>, Nann Guthrie <Nann. Guthrie(a,ncmail.net> 11: Attached is an electronic copy of the letter and information sheet sent to the 19 counties and one town that have contracts with NRCS for stream clearing projects. Those letters went out over the Secretary's "signature on Friday. We will hand-deliver a memo containing the same basicinformation to the mountain area legislators tomorrow. We are also working with the Governor's office on a news.release; I am not sure how soon that will go out. Give me a call if you have any questions. Thanks for working toward getting meetings set up. Robin. 1 of 2 3/17/2005 6:46 AA ? i [Fwd: [Fwd: [F*d: STream Clearing Activities]]] 1 2 of 2 3/17/2005 6:46 AM February 25, 2005 Page 1 of 2 February 25, 2005 I know that County experienced stream damage as a result of the fall hurricanes. Our department would like, to work closely with your county to insure that stream restoration projects receiving state and federal funds under the Emergency Watershed Protection (EWP) program move as smoothly as possible through the RE: Emergency Watershed Protection Stream-Clearing Projects Dear environmental review and permitting process. I have enclosed for your information a brief summary of the types of permits and approvals that may be required for these projects. For projects that involve work directly affecting the streambed, the United States Army Corps of Engineers will be the primary environmental permitting agency. For those projects, our staff in the Division of Water Quality and the Division of Land Resources play a supporting role and issue related state approvals. I have asked our staff to meet with all of the western counties, either individually or in small groups, to talk about each county's proposed stream restoration projects and answer your questions about permit requirements. Our staff will ask the Corps of Engineers and Soil and Water Conservation staff to join in those meetings in an effort to put together a plan of action for reviewing and approving stream restoration projects as quickly as possible. You should receive a telephone call from DENR staff soon to talk about a date and time that would be convenient to meet and talk about your projects. - I have also directed our staff to waive fees for state water quality certifications (under Section 401 of the Clean Water Act) and for approval of erosion and sedimentation February 25, 2005 Page 2 of 2 control plans for stream-clearing projects funded under EAT. Fees will be waived for all EWP permit s requested by September 1, 2005. I hope these efforts will ease the burden on county governments already challenged by the demands of reconstruction and recovery. If we can help you in any other way, please do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a-primary contact on these projects for DENR; you can reach Ms. Smith at (919) 715-4141. The enclosed information sheet also provides contact information for DENR staff in both the Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in Asheville. Sincerely, William G. Ross, Jr.