20051197 Ver 1_Complete File_20050705 (2)

o?oF wA rFR pG Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2005
ffl# 05-1197
n k11:9
c ell County
Charles Abernathy, County Manager AUG 3 1 2005
McDowell County DENR- WATER QUALITY
60 East Court Street WETLANDS ANDSTOR M'ATERMICH
Marion, NC 28752
Subject Property: North Fork Catawba River (EWP DSR 2005-5, 7, 8, 9, 10, & 11)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Abernathy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 410 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 July 5, 2005 and additionally
information submitted July 19 and 22, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3376 (3376). The Certification (s) allows you to use Nationwide Permit(s) 37 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond the approval here, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] lntemet:http://h2o. e n r. state. nc. us/ncvvetla n ds
NCDEN_?
An Equal Cpportun4/Affirmative Adon Employer-50% Recycled1101% Post Consumer Paper
McDowell County:
Page 2 of G
August 22, 2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
A roved Units Plan Location or Reference
Stream 410 feet North Fork Catawba River
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of. such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
McDowell County:
Page 3 of G
August 22, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae. However, Wildlife Resources Commission
will not object to construction of Natural Resources Conservation Service "urgent
and compelling" sites during the spawning period provided these projects are, to the
extent appropriate and practical, constructed by: (1) using flow diversion structures
such as sand bags, (2) placing large-sized rock toes and filter cloth backing for
stabilization sites before backfilling, and (3) excavating new channel alignments in
dry areas. Construction at the other non-"urgent and compelling" sites should not
occur during the spawning period to minimize the potential adverse effects of
multiple construction activities on trout resources in this creek.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
McDowell County:
Page 4 of 6
August 22, 2005
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural
and more stable stream channel dimensions. Stream bed materials are unstable
in flowing-water situations and are unsuitable for bank stabilization. In stream
dredging has catastrophic effects on aquatic life and disturbance of the natural form
of the stream channel can cause downstream erosion problems. The natural
dimension, pattern, and profile of the stream upstream and downstream of the
permitted area should not be modified by widening the stream channel or changing
its depth.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood,,silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
McDowell County:
Page 5 of 6
August 22, 2005
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)
45. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.
17. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
McDowell County:
Page 6 of 6
August 22, 2005
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
A? Vwl_?
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K1khb
Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mike Osborne,
CH2MHill
4820 Parkway Plaza Blvd.
Suite 20
Charlotte, NC 28217
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-1197.EWP.North ForkCatawbaRiver.Approval
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Detallsl I.68lall _ -y --?.
Project Number: :20051197 Version: 1 Status: On Hold Last ActionDesc: Incomplete App -Add Itional Info r.
'Project Name: McDowell County EWP 2005-5,7,8,9,10,11 "Project Type: ISlream Restoration I Creation
Project Desc: EWP
'Owner ',Abernathy, Charles I Details...
'Received From: (Applicant 1 ,. n,, F ;.I COE ID: *Primary Counts McDowell
r' DOTTIP: "Admin Region: (Asheville j +
Received Dt 0710512005 -' -' Reviewer: kevin.barnett t.
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Issued Dt:
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Statutory DI.
CAMA NEPA 1 SEPA Received Dt:
DCM Office: SW Plan Received DL
COE Office::ievillo Regulatory Field Office - SW Plan Approved Dt. Public Notice Published Dt
Last Updated By: roh.rldinys SW Plan Location, Public Notice Received DC
Last Updated On 0 710 612 0 0 5 Sewage Disposal I - - P.N Comment Period Ends Dt:
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Triage Check List
Date: 07/07/05 Project Name: McDowell County EWP
2005 - 59 7, 8, 9,109 11
DWQ#: 05-1197
County: McDowell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 7/5/05 to 9/2/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
J CG, 2WJHILL
CH2M HILL
4824 Parkway Plaza Blvd.,
Suite 200
Charlotte, NC 28217
Tel [phone] x290
Fax [phone]
June 29, 2005
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
North Carolina Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit, 1650 Mail Service Center ?5 D
Raleigh, North Carolina 27699-1650
North Carolina Department of Environment and Natural Resources UL 5 - z??5
J
Division of Water Quality `?L ADSIIENR . WATER Ql1ALITY
Asheville Regional Office / Division of Administration ? ?"os1CRIAVATEReft,,CN
2090 U.S. Highway 70
Swannanoa, NC 28778
North Carolina Wildlife Resource Commission
c/o Dave McHenry
20830 Great Smokey Mountain Expressway
Waynesville, North Carolina 28786
RE: DSR EWP 2005 Sites: 5 - Blue Ridge Golf Course; 7 - Brown; 8 - North Cove Fire Department; 9
- Rom English; 10 - Highway 221 Bridge South; 11- North Cove Woodlawn.
Dear Sir/Madam,
CH2M HILL is submitting the enclosed Pre-Construction Notification (PCN) application and
associated documents on behalf of McDowell County, North Carolina regarding upcoming rock
debris removal at multiple sites in the County. CH2M HILL is involved in the project of streambank
repair and debris removal due to floods that occurred as the result of tropical depressions Frances
and Ivan in September 2004 in McDowell County. This project is funded by the NRCS Emergency
Watershed Protection Program. The project objectives are to repair the affected river and
streambanks at the identified sites as well as to remove rock and woody debris. The most
downstream site is located at the intersection of American Thread Road and Good Road and extends
northward along Highway 221 to North Cove School Road. The remaining sites run continuously
northward from North Cove School Road along the North Fork Catawba River for approximately 20
miles. The upstream limit of the most northern site is located near the intersection of Highway 221
and English Road and is a class C stream. These sites are classified Trout Streams and appropriate
measures have been taken. CH2M HILL in conjunction with McDowell County intends to complete
this project in two phases.
The first phase will involve removal of woody debris that poses a potential threat to the adjacent and
downstream properties, public infrastructure, and utilities. The massive woody and foreign debris on
the streambanks and in floodplains could potentially clog the downstream culverts or bridges and
direct channel flows into vulnerable banks during future flood events. During the second phase, rock
removal will be implemented at the sites. The first phase of the project is underway and CH2M HILL
intends to commence with the second phase of the project, the rock debris removal on or about July
25, 2005.
Should you have questions or comments, please feel free to call our office at 704.329.0073 ext. 250.
Sincerely,
CH2M HILL
60 W, V- MP6?-
Liane R. Morgan
PCN l e t t erC0 E D W Q W RC57891011 d o c
Office Use Only' Form Vcrsion May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tors project, please enter Not Appitcaoie or ..ivies .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
@ Dwr=
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1. Owner/Applicant Information JUL 5 _ 2005
Name: Charles Abernathy /McDowell County Manager
Mailing Address: 60 East Court Street DENR - WATER 01 iAi irv
Marion, NC 28752 WETLANDS Al1DSTORIr?yATERBRAt1CN
Telephone Number: 828-652-7121 Fax Number:
E-mail Address:
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: Mike Osborne
Company Affiliation: CH2M HILL
Mailing Address: 4824 Parkway Plaza Blvd.
Suite 200
Charlotte, NC 28217
Telephone Number: 704-329-0073 ext 252 Fax Number: 704-329-0141
E-mail Address: [e-mail]
Page 1 of 14
III. Project Information
Attach a vicinity map (Exhibit 1) clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site plan (Exhibit 2)
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: North Fork Catawba River EWP 2005-5, EWP 2005-7, EWP 2005-8,
EWP 2005-9, EWP 2005-10, and EWP 2005-I1
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): (SEE TABLE 1)
4. Location
County: McDowell Nearest Town: Marion
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):
From I-40, go N on US 221 approximately 12 miles. The most downstream site is near the
intersection of American Thread Rd and Good Rd. The sites continue alongside US 221 for
approximately 20 miles. The most upstream site is located near the intersection of US 221
and English Rd. See attached map for site locations.
5. Site coordinates, if available (UTM or Lat/Long): SEE SITE DESCRIPTIONS
(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): (SEE TABLE 1)
7. Nearest body of water (stream/river/sound/ocean/lake): North Fork Catawba River
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at _h_ttl2://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 14
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The proposed sites consist mostly of agricultural property as well as a golf course. The
stream and stream banks were heavily impacted during Tropical Storms Frances and Ivan.
Extensive rocky debris threatens to further damage the stream banks and the properties.
Extensive deposits of rocky debris have reduced the capacity of the North Fork of the
Catawba River.
9. Describe the overall project in detail, including the type of equipment to be used:
The project areas include an approximate total of 53,000 linear feet of the North Fork of the
Catawba River adjacent to US 221. Highwater flows have severely eroded the banks and left
considerable rocky debris in the channel. In this section of river several houses and
properties are threatened by these conditions.
Repairs in this reach of stream will involve the following:
-Remove rocky debris from the channel, streambanks, and floodplain.
EWP 2005-5
This project area includes approximately 6,900 linear feet of the North Fork of the Catawba
0 0
River adjacent to US 221. The project area is located at 35 53'N 81 56'W. High-water flows
have severely eroded both banks, leaving considerable rocky debris in the channel and
floodplain. In this section of river rocky debris has re-directed channel flow through the golf
course causing extensive damage to the fairway and exposing buried pipes.
Repairs in this reach of stream will involve the following:
-Remove approximately 8001f rocky debris from the channel, streambanks, and floodplain.
EWP 2005-7
This project area includes approximately 4,700 linear feet of the North Fork of the Catawba
0 0
River adjacent to US 221. The project area is located at 35 51'N 81 57W. High-water flows
have left considerable rocky debris in the channel and floodplain causing channel braiding
and/or re-direction of the channel. In this section of river structures and property including
pastureland and cropland were severely damaged by the high waters.
Repairs in this reach of stream will involve the following:
-Remove approximately 2,300 if rocky debris from the channel, streambanks, and floodplain.
EWP 2005-8
This project area includes approximately 12,500 linear feet of the North Fork of the Catawba
River adjacent to US 221. The project area is located at 35o50'N 81a58'W. High-water flows
have left considerable rocky debris in the channel and floodplain causing channel braiding
and/or re-direction of the channel. In this section of river structures and property including
pastureland and cropland were severely damaged by the high waters.
Repairs in this reach of stream will involve the following:
-Remove approximately 3,000 If rocky debris from the channel, streambanks, and floodplain.
Page 3 of 14
EWP 2005-9
This project area includes approximately 4,300 linear feet of the North Fork of the Catawba
River adjacent to US 221. The project area is located at 3559'10.61"N 8156'33.76"W.
High-water flows have left considerable rocky debris in the channel and floodplain. In this
section of river pastureland is threatened by these conditions.
Repairs in this reach of stream will involve the following:
-Remove approximately 8001f rocky debris from the channel, streambanks, and floodplain.
EWP 2005-10
This project area includes approximately 2,500 linear feet of the North Fork of the Catawba
River adjacent to US 221. The project area is located at 3552'20.58"N 8156'35.11"W.
High-water flows washed out a bridge and secondary roadway causing significant damage to
the surrounding property. Considerable rocky debris was deposited in the channel and in the
floodplain threatening pastureland and cropland along the channel.
Repairs in this reach of stream will involve the following:
-Remove approximately 1,000 if rocky debris from the channel, streambanks, and floodplain.
EWP 2005-11
This project area includes approximately 22,000 linear feet of the North Fork of the Catawba
River adjacent to US 221. The project area is located at 3549'30"N 82000'33.4V. High-
water flows have left considerable rocky debris in the channel and floodplain. In this section
of river structures and property including pastureland and a tree nursery along with other
agricultural areas were severely damaged by the high waters and resulting conditions.
Repairs in this reach of stream will involve the following:
-Remove approximately 4,000 if rocky debris from the channel, streambanks, and floodplain.
The techniques that will be utilized for the proposed repairs at the EWP site listed
above are described below.
Removal of Organic and Rocky Debris
Fallen trees, limbs, and non-native material within the cross section of the existing or original
channel up to and including the debris line shall be removed. Any foreign debris (e.g. trash
appliances) will also be removed. Trees leaning over the channel whose near term fall is
apparent will be removed. These rooted trees will be cut three feet above the ground surface
and the root masses will be left in place. Disturbance of channel bottom and banks and
equipment access shall be held to the minimum necessary to allow the construction
equipment to remove the debris. All areas disturbed due to debris removal and equipment
access shall be reshaped and reseeded. Access to the channel will be perpendicular to the
channel so that cutting of trees is held to a minimum with precaution taken to protect mast
production and stream canopy trees. These trees will be cut off at ground level so re-
sprouting may occur after construction. Dead trees and small brush piles that provide den
habitat and are determined to pose no hazard to the channel will be protected. Woody debris
will be chipped and disposed of in upland areas or hauled offsite.
Page 4 of 14
Rocky material within the floodplain will be removed using an excavator. The removal of
rocky debris will proceed from the stream channel back toward the stream bank allowing the
excavator to work on the debris pile. The reconstructed floodplain will be shaped in a
manner intended to restore hydraulic capacity of the stream system. Rocky debris removed
from the floodplain will be used to stabilize the streambank or will be hauled offsite. At sites
where there is no eroded streambank in the immediate vicinity, the excavated material will be
used to strengthen the natural berm of the streambank or will be hauled offsite. In no case
shall the deposited material be placed at an elevation higher than the existing streambanks.
Rocky material will not be removed below pre-existing elevations such as rock bars within
the channel width.
Streambank Repair
When possible, excavation equipment will access streambank repair areas from the dry and
will not track into the stream channel. Most of the steep eroded streambanks are opposite or
adjacent to the debris removal areas. At these areas, the rocky material removed from the
floodplain will be used to stabilize the stream bank, with the addition of large boulders along
the toe of the slope as necessary to stabilize and protect the toe. Where suitable material is
available, rock vane and root wads will be installed in the restored bank section to reduce
bank stress and provide stability to the unconsolidated fill (typical structure cross-sections
and plan views are included in Exhibit 3).
An existing cross section is included for each of the impacted channel sections requiring
stabilization (Exhibit 3). Drainage areas of project areas are also listed on Exhibit 4. The
drainage area is used to determine the design storm (10-year or 25-year for trout streams)
peak flow using USGS Rural Regression equations for the Blue Ridge-Piedmont. Design
storm velocity and shear stress values were also calculated. This information, in conjunction
with the field investigation analysis, DSR notations, and agency guidance and regulations,
are used to develop an appropriate streambank stabilization design.
Equipment that may be used to accomplish the above listed tasks includes; rubber tired
skidders, 15 ton dump truck, hydraulic track mounted excavator with thumb, and chainsaws.
10. Explain the purpose of the proposed work:
The work addressed in this application is intended to improve post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks that are
threatening structures or other property. The proposed actions are not intended to enhance
existing conditions or restore 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.
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,
Page 5 of 14
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.
NA
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 limited streambed disturbances, debris removal, and streambank
stabilization.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fcma.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).
Page 6 of 14
List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact specify)

EWP 2005-5 Rocky debris 800 North Fork Catawba R 20 ft Perennial
removal
EWP 2005-7 Rocky debris 2,300 North Fork Catawba R 20-40 ft Perennial
removal
EWP 2005-8 Rocky debris 3,000 North Fork Catawba R 20-40 ft Perennial
removal
EWP 2005-9 Rocky debris 800 North Fork Catawba R 40 ft Perennial
removal
EWP 2005-10 Rocky debris 1,000 North Fork Catawba R 40 ft Perennial
removal
EWP 2005-11 Rocky debris 4,000 North Fork Catawba R 40 ft Perennial
removal
* 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.tis2s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone. com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 11,9001
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(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
t Impacts consist of significant deposits of rocky debris in the floodplain and along streambanks. Debris removal activities
will be carried out primarily on the floodplain. Rocky debris in the channel will only be removed if it is determined that
removal will restore the capacity of the river to its pre-flood condition.
Page 7 of 14
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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.
When at all possible equipment will be kept out of the stream channel, stream crossings will be
minimized, and no excavation will be below the existing channel bed. When at all possible
stream material will be moved from dry areas to banks, minimizing the movement of wet (or
below water line) stream material. Creating wide, shallow channels will be avoided. Temporary
and/or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of
ground disturbing activities. Rocky material shall not be used for bank stabilization above the
normal high water mark. Large rocky material will be brought in to stabilize the toe of impacted
streambanks where necessary.
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
Page 8 of 14
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm,ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ® No ?
Page 9 of 14
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact

(square feet)
Multiplier Required

Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 10 of 14
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
XI. Stormwater (required by DWQ)
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.
Imperviousness will not change.
Erosion and sedimentation prevention and control will be maintained throughout this project
primarily through: proper water management, construction sequencing, proper staging and
stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for
expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution
will not be stored in areas that could be flooded during this project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Portable facilities shall be provided at the work site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application?
Yes ? No
Page II of 14
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).
NA
71, o
App?dant/Agent's Signature Nate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 14
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Pend -

0 1,250 2,500 5,000 Feet Exhibit 1
McDowell County, NC
CH2MH I LL Linville Falls, NC - U SGS Quad
?? DSR - 5 Blue Ridge G olf Course
? I
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N
EXHIBIT 2 - DEED MAP
DSR 5 - BLUE RIDGE GOLF COURSE
1"= 455'

E
EXHIBIT 3 DSR 5 - Blue Ridge Golf Course
Photo 2 - Fairway. Rock and woody debris removal.
Photo 1 - Bank erosion and debris removal.
Photo 3 - Fairway. Rock and woody debris removal.
Photo 4 - Debris, downed trees, and bank erosion just
north of clubhouse.

ACCESS AGREEMENT
This Access Agreement is made between McDowell County and:
Property Owner: Downing Blue Ridge LLC
Street Address: 210 Blue Ridge Dr. Site B
City/State: Marion, NC 28752
/ McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDowe ounty or resentative Property caner
By: By: G c'7
Date: 2- Date: 2-1
u1?1
?i1-,tt3 .
C:\Documents and Settin;s\Ptanning DepartmenttIvly Documents\Access Agreement (streatns)rev 2.doc3/15/2005
-----
29 00 -B90 - LOT (ABC D I'R'S CF) UPDATE ABST (Y/N) NBH 5622 TtOflI
-r0UNT-.000'0-a0026350 0UNT-.0 0 0 0 0 2 COMMENTS EXIS`T PROPERTY VALUES: BUTIMING: 7 8 8 7 6 0
NER: DOWNING BLUE E C OBXF: 1691040
LAND: 850100
MARKET: 3329900
ASSESSED:
MATZION NC 28 75-2-- -07a 00 DEFERRED:
IOR OWNS NKNOWI -
RIDGE COUNTRY-=B
DEL : ? RE CARDS : -7- CODE:
NEW NOUICE _
LE? T/S BOOK /PAGE DEPATE INST STAMPS ABBREVIATED LEGAL DESCR
00566 0830 08H8 /1998 WD 8200.00 GOLF COURSE.
UMB DIR STREET NAME TYPE SUFFIX STREET MUNI
- - - U/M:2107 UPD:-07109/20P 004 9: 09:43 ANGTE TAXBILL
05/20/2005 16:16 8286520703 MC=4ELL INSPECTIONS PAGE V
ACCESS AGREEMENT 5
Tble Access Agreement is made between McDowell County and:
proOwner: Blue Rid Cohn club & Retsort LLC
Street Address: 344 Hunnicutt Mountain Rd.
City/State- Marlon NC 28752
McDowell County is requesting access to the property for the purpose of accessing and repairing damage
to the stnambanlc, stream channel, and floodplain drat was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will includo some or all of the
following elements:
o Streambank Stabilizadoa a Re-vegetation
9 Ch x=1 Relocation to Pro-Flood. Location • Debris Removal
McDowell County and the Property Owner agree:
l . Propegy owner grants permission to McDowell County and its contractors and agents to
eater upon our land for the pugmso of assessing and repairing tho flood damage caused by
Hwrricanas Frances and Ivan. Additionally, this agreement includes the right of ingress
and egreas on the land for the purpose of maintaining the emergency works for the period
of Otto year *= the date of completion.
2. property owner gmts permission to McDowell County and its contractors and agents to
conduct stmarn stabilization measures, which awy include debris removal, strown bank
stabilization using rocks, wood, and/Nr;t1(occaln>i$tatand o and fcdc&.rul and/or appilcablolto Chao.
3. McDowell County agrees to comply
work, and further agrees to exercise duo care and caution in the pacfom=ce of all work on
the Property. All prier
4. 'f'its Agmetnont constitutes the entire understanding between the pmtlcs.
agmemonts or undo ntandirlgs, whether oral or written, are superseded. This Agreemcot
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures arc intended to repair flood damage to the
stroarn and to return of ectod areas to pro-flood oond.itions. Repair and/of Improvements to
straottm are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell Counts and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidAble. 'rho
Property owner released McDowell County and its contractors from liability for any
damage Incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify oonstruetod repairs, including vegetation.,
for one year flom the date of completion.
MtDow County or Fie Atative Property Owner
B . BY.,
Date: 2- S D"C•
AA A- A~AawAane fe}.v?n+alrnv Tdaa 5/172005
--------------------------------- CF) UPDATE ABST (Y/N) Nt3H
MAP BLK LOT (A D I R S ,
1729 . 00 - 74 - 5131 A? C TfOf4:,I,
N
------- =____-______
ACCER Tr0001MOO304 OCOi?MSNTS-E'X'IST ELPPRO OBXF: BLUE ICTOGE LAND:
3-94 HUNNICUTT MIN RD MARKET:
ASSESSED:
O0 DEFERRED:
PRIOR
USE:
MODEL:
SALE? T/S BOOK /PAGE DE D ATE INST STAMPS
00622 0806 08 11/2000 WD
ABBREVIATED LEGAL DESCR
.00 _
244.00 AC
NUMB DIR STREET NAME TYPE STREET X
N HWY 221 ASHFORD --09 =1;
o J. CTY : - U/M.0400 UPD:-04/25/20?05T 0: TAXBILL
TY:
FROM : BIueRidge Country Ctub FAX NO. : 828-756-4267

n ?[?ny 3?ro
FCr ? 1 t' C7t17?
May. 16 2005 02:17PM P2
c ?2?5 15: cl 82HF,520703 h4a?7.?t:.1, Irr.3F??.; .OtIS
ACCESS AGREEMENT
This Access Agt=zmt is made between McDowell County and:
_Prop ry Owner: Ian at Blue Up LLC
Sbwt Address: 550 S2quoyah Circle
Ci! /Stdtc: Marion, NC 287S2
PAGE d2

McDowell County is requesting access to the property for the purpose of assessing and repuiritrg damage
to the stroatztbank. strcar» channel, and floodplain that wa3 ca.uscd by hurt cartes Fran= and Ivan. 'fits
repair clIbm are being funded by the Utlitcd States Natural Rosourec Contervation ScrviCo ttxougb the
cmn:nicy watershed protection (EWP) program IU mpair work will in.lvde ruts or all of the
fallowing ele:nopts::
• Strc? Stabilization + Ke-vcgct,>tion
a Cha mel Relocation to Prc-Flood Location • Debris Rinnoval
McDowell County and the Property Owner attee:
1. Property owner grants perntinian to McDowell County and its =Wactors and agcots to
enter upon, our land for the purpose of assessing and repairn it the flood damages caused by
Ifunicanes Prances and lvsrt. Additi?y, this agroematt neludcs the riot of ingress
And egr+s on tho land for the purpose of maintaining the emergency works for ft period
Oro" year from the date ofcompletion.
2. Noperty awnet gr=ts pormission to hicMwell Cotmty and its contractors and agents to
cooduct stream stabilizatlon rtAuures. which may incluela debris ranoval, Worm bank
stabilizetiou usbag rooks, wood, tutdlor, mulching and seeding, aadlor cbsnnel relocation.
3. McDowell County agrees to comply with local, sate and fix krd laws applicable to the
work. cud fitrther agues to exercisa due case and caution in the pcKormanoo of all work on
rho property.
4. 'this Agroe moot cotlsducs the e>1tirv understanding between the parties. All prior
sfrMetas or bade um&ngs, whether oral orwrittcu, w sapascdcd- TIiis AvcmWt:
nary be amcadod only by a written docurrrcat dubs executed by the parties.
5. E crFncy WALtrshad ptotccion measures are latcoded to repair flood damage to the
stm= and to room affwtcd ar= to pro-flood conditions. R,epuir andlaz improvements to
strucam ore not part of this EWP project. Dmuctd bridges, driveways, and cnxlcd fields
aro not add:sssc4 by EWP =esum* McDowell County any its oontracton wilt strive to
Minimize impacts to ganent propcrtic& however, snare impact may be unavoidable. The
property oAmor teka€es McDowell County aAd its com utors from liability for and
damage incurred as a result of this work.
6. Thi: agrcc=at does oat provide coufir>xratiamlbat the subj"x tsite is trafor
Emergency Funds, nor does it Cneumber funds for any repair ? i u site.
7. Property owneragreesnot to rcmOvc cu mO&fy construc mpars.stlis ingvegctution
for one year frarn the date of contplatiaa,
o uN?
u qty
nNro
Mcvow ,a0ty or Its ntAttve Property tarv?er
By: ??Ze I i , ??j
ate: r Date'
D
. l
A:?.4crnsA&EVctriont(soas U)MV2.doc 5116/2005
1729 . 90 00 -EL - OT _-----(AA-C,DDUI,R,S,CF) UPDATE ABST (Y/N)---- NBH---
ER T-000-01aQ038445
OWN INN AT nuu!r-RTLXM ulC
PRIOR
USE:
MODEL:
r0 0 __ _ DEFERRED;
SALE? TLS BOOK /PAGE OE?D,?A 04 IWDT STAMPS 1650.00 ABBREVIATED LEGAL DESCR - .5. 78 AC
NUMB T
00786 DIR STREET NAME TYPE SUFFIX SIREET 7-
HWY 221 ASHFORD
TVJN5fi7'P : -H9 CT
CTY: - - - U/M.3905 UPD:-0331 2005 :44 MEMSSA TAXBILL
r---
PRO 577140
OBXF: 1.92 10
LAND
550 SEQUOYAH :
MARKET:
ASSESSED: 739110
!!T l1T !t
.\1
Exhibits - DSR 7
1. Vicinity Map
2. Deed Map
3. Site Photos
Access Agreements
ford
?o Upstream Project Limits r f?. J
c??NcN it - ?,o :;4
Doi
Ilk Mtn
a r `,r
DSR-71 ?
j --
?Z
?: •x . , a 2351
Downstream Project Limits r
C: 0 V L-
i
--?, - , T
r f1? < H
S
?y
I.
/Vit
•
u
W E - ``
Pinnacle
S )
0 1,250 2,500 5,000 Feet Exhibit 1
10 McDowell County, NC
CH2M H I LL Ashford, NC - USGS Quad
41111W DSR - 7 Brown
120 = 333 a ,
IL31At 1177E .(D 361'
215 5125 934 uv , -
A t1.75A)
- 2110
- .. - ---- - -.- 809
98 - ri 41 _ 13.34A1
?????iii J ` 1 314 I
t
3899 I E898 2.3011)" )) 58
785 3823 _ 122641
. ! n7.ew 5619
-I X64 J ( 12A1
I14. 2A) 12.5841 546 0
2592 (o 8551
(2.86A) -11.6741
8335 1.24A) 4396,.' a J2
2 4212
?p0 ,+ 074 (12on1 I 2174)
CE3E
T 1. Al
11 R7 813 0. 16.76Af
u-2uI Q - = 6062- ' 4
`914 (6.09A1 6943 7766
3846 ! y I 28?
1.30° 2.J3A1
13.1941 1
`.5608•
2ST1
e7e5 ;8696 89 _ t 967 J 4.,,4 Aq?(20.04A)
0 4`a,'%71 a rAl (216f)A1 i 7407
42p5 ?78 _ I c26Alr.,? 8339 V
s.1 z a 1 129641 I 5360 - i 72JB
.
IL6641 '11.09A 6255
722 . '
8272 /y r 3 •.r? ' c4 2241
?r .A,? 'fib 5 ?. 131{FNER IIE140RIAL .?. l 8068 ,' X
°
ti 2 BAPTISE GAA2171 _ _
E h . ,59 6 ? ?99T- 112 40A 1 ?? - 1.364 r
Upstream Project Limits a 4911 j (1.1 A) 27876
3,71
795 6170 3 ?9
ng5 I1176?iI I J'•4 , 4791 2 Y1166AI
559149668 ?I 270 6600
'16 c. ,7 ?^/?/ 1027 >6 7 ' ,,4519
s? a
11A 0 2467J I
4308 6389,?
?? 0314 ` L '1 1 B
11.9SA1 ?Q 1 Ht eio 1.z5e Lao
6 1
6231 .^
3217 3= 2234
?ebri SCYI val Along Ch he 6i1A1 (194A1 ' 20 15 ;.2 N3
3199 loo 9121, 2.030
1140 - -
- --- -• -- --- - -- -- Ell 9909 1,210 eooz... 12 - 49-fir,
161141 i ?..._- 12 ?AI• 1.780 ?i.
,6950 lb 41. t9o ., /+rq
(1454) 1C'
4932 /so / 11.7141 ? ze62
9871 7745 n yl}eo 0? 1t _ ?1.1 A I
6641 I 1 LE6o 9627 0.'41 t1 q 40
. OAI \ ,N. Q J -i.
7 q drl 8528'.. r, ////(° 0 6537 ( r?
32
(.U `/ A 17 WA)
9 . - 1 C'7 '?? 11.061
- • ?re?i -r .. 17•i;',
(1.264 24
ss
\ '. 11.104122- 'd"^ !, J7 rM1
(7.174) 1.104) .,26
'711 `O(7,?yY 1....• . ?f. a1
\ 121.14 I 116311
6282 JJJJ `?nar ww?r? r
024 .? ) .,
79 4 0 3912 ,•? Y ? ?•? r ' ?
(2.744) 1.04A- aO •?,• / / LT(?
S87AI 1724 151.654
609 8678 AT
2543 ( J?
?
u NJ ?r
9376.
4394 es 529 R?
-___.-_ ---_- 1, -- MAW
- - I' 3962
3823 > `1502_ / 2739 dL [ -
1600 JO t.NT DEPARTIC E5 I CO)
r? ? 116541 ? ?
?7? f2J A)
s 2338. ,. ? 422 No Access 1
(69e \ I ie
5 0 45 62A1
10193 I _....- - -- 1 -- --- -_ -
117.02A L_ - T,N1ED STATES CF AIEIKA
Downstr am Project Limits (11ATCML F 'ST SERVICE)
48 ).660 o i I
Webb
/,7" qg cvo?
?'l ?J t? ,-414SA) i C'
6358
Y
I(e.oeAl i MEXE6 ON 1727
i
1123
1 1
EXHIBIT 2 - DEED MAP
DSR 7- BROWN PROPERTY
1" = 710'

Photo 2 - Bank erosion.
EXHIBIT 3 DSR7-Brown
Photo 1 - Bank erosion and debris removal.
Photo 3 - Debris removal.
Photo 4 - Debris removal.
•i
?f
ACCESS AGREEMENT
This Access Agreement is made between McDowell County and:
Property Owner: Henry Sewell & Wilda E. Brown
Street Address: 2114 Buckingham Rd.
City/State: Raleigh, NC 27607
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDowell Co my or Representative Property Oi"er
By: .? ?,? By;i' 2lLlcv?--
0t?
Date: ?v / Date: / C 1 /?'y
A:\Access Agreement (streams)rev 2.doc 5/19/2005
--------------------------------------------------------------------------------
1A28 00 -B52 - LOT (ABC DUI, R, S, CF) UPDATE ABST (Y/N) NBH 5297 A:I
ACC6UNT-0 0 0*0? 0 0 22 0 7 9 COM- -MNTS T
OWNER: BROWN HENRY S E.
PRIOR
USE:
MODEL:
PROPERTY VALUES: StIlljOING: - 78250
OBXF: 92t 0
LAND:
2114 BUCKINGH1*1 ROAD MARKET: 1424 0 0
ASSESSED: 121-910
00 DEFERRED: 20490
50
lo-z
00090 NORTH COVE
S: I- NEW NOTICE CODE:
SALE? T/S BOOK /PAGE DEED ATE INST STAMPS
00405 0749 01/011989 WD
ABBREVIATED LEGAL DESCR
.00 PERH.S.BROWN L CHANGED ACE
SURVEY 96 44 36 Ac
NUMB DIR STREET NAME TYPE SUFFIX
SIREE1 T-
HWY 221 _
CTTTY: - U/M:5001 UPD:-05705/200 TAXBILL
("lay 'Z4 05 ?J4:bL)p p.Z
voicrlcuu? ?o:vn nZn0'3Znr0.r KAU-tLL LN5PECUUN5 PAGE 01
N3 AM= Amt is ACCESS AGREEMENT
ands btxw
rtY an McDowell County
Pro Winer: JameS C. & Reva G. L'o'on
Slrtxt AddrLSS: 1708 Seward Dr.
C' 15tatt: Johnson Ci 7N 3760 )
MCDOWeII County 6 rzquesfing tuxess to the prope^ to the strearnbanlc, str=m chart? and dJsiq th t for the putDose of assessing and repairing damage
trpaJr efforts are being funded by y t the United States tat was caused by but icants Frances and Ivan. The crnc cY watershed Neural Resource Cousorvatioq Service through the
protection (EWP) program
following elamcats: The repair WOeK will include come or tat of the
Streambank StabiIiatiou a Ro-vegetation
• Channel Relocation to Pro-Flood Location • Debris Removal
MCUowell County and the Property Ovmcr agree:
1. Property owner grunts permission to McDowell County and its contractors and agents to
enter upoa our land for dw purpose Of Lssessing and repairing the flood damage caused by
Hurricanes Frances and [van. Additionally, this agroemcnt includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream battle
stabilization using ticks, wood, and/or. mulching and seeding, and/or channel relocation.
3. h1cDowell County egrets to comply with local, state and federal laws appllcable to the
work, rind further agrots to exercise due care and caution in tho performance of all work on
the Property.
4. This Av=m=t constitutes the entire; undctatanding between tiro parties. All prior
agreetnttus or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly a xCCUttd by the parties.
5. Emergeacy WatersW Protection measure9 at intended to repair flood damage to the,
stream and to trturu affected areas to pre-flood conditions. Repair and/or improvements to
smwturts are not part of this EWF projoct. Darnagcd bridges, driveways, and eroded fields
are not acldreasW by EWP measures. MCDowOll County and its contras will strive to
minimize impacts to adjacent properties. However, soma impact may be unavoidable. The
Property owner relo&ws. McDowell County and its contractors from liability for any
damage incurred as a result of this worts.
6. This agreement does Oct provide confumatiort that the subject site is eligible for
Emergency Funds, nor does it encumber funds for nay repair work at this site.
7. Property owner agrees not to remove or modify constmcted repairs, including vegetation,
for one year from the date of completion.
McDovrcil Coaaty or IE?reatribtlye Property
By: ?? GG su By:
Datc: f 2.S aJ Data:
,&AAcccss Ap=rncnt (strcama)rcv 2.dOc 511912005
--------------------------------------------------------------------------------
MAP BLK LOT (A C D I, R, S, CF) UPDATE ABST (Y/N) NBH
1728 . 00 - 63 - 8528 AtTfOfq I N
Accol 00010T4285186 -COI-=- NTS T PROP .
OWNER: 1,0=11 REVA F. OAPIES N OBXF:
J-708 SEMARD OR LAND: 25920
PRIOR
USE:
MODEL:
MARKET: 25920
ASSESSED: 9000
UOTINSCIN CITY TN 31601-0000 DEFERRED:
j-6920r-
OWNER: USE KNOWIT-- COVE
-a10 CARDS: J.- NEW NOTICE CODE:
SALE? T/S BOOK /PAGE DEED pATE INST STAMPS ABBREVIATED LE AL DESCR
0 365 0149 02/01/1987 WD 1000.00 CALDWELL LD 365149
NUMB DIR STREET NAME TYPE SUFFIX STREET
MUNI
CTTY : 9- - U/M:9700 UPD:-03/30/2000412: TAXBILL
05/20/2005 13:52 8286520703 MCDOWELL INSPECTIONS
ACCESS AGREEMENT
'Phis Access Agrcom=t is made between McDowell County and:
Property Owner. Thomas H. & Linda S. Brown 7
Street Address: 15995 US 221 North
City/State: Marion, NC 28752
PAGE 08
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and (loodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our laud for the purpose of assessing and repairing the flood damage caused by
hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, strearn bank
stabilization using tucks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDoweU County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are supersoded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affectod areas to pro-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
am not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide con umation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDow County or presentative Prop" Owner
By: lay ?f
J
q
Date: ?r Data:
fjla?
A:W.ccess Agrcemwt (su=s)rev 2.doc 5/19/2005
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1718 . 00 --74 - 0960 A?f&U: I N
..ca=nsxsaa=aT?sxa?s?' s.==ate ssam --------- =a ======= EM ====-=a
ACCOUNT-. 000 170 ENTS-EX-M PROPS 65590
Q, OWNER : BROWN IT , E F =
LAND Z.;OADU tij Aggg s -
co 15995 Us 221 NORTH 9"99
00 DEFT • I}s
a PRE OR 0 5 0 R VNIR --
MODEL: = Slrl CONSTICUCl`iC [`aRnG- COVE
SALE? T/S fl0357/OA7 OB?01 1986 INNSST STAMPS .QO ABBREVIATED LEGAL DESCR
NUMB DIR HW4YYE2 1 ASHFORD TYPE
SUFFIX -0_3-
CTY: _ - U/M:5 Ql UP17:-12 1=1999:43 TAXBILL
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ACCESS AGREEMENT
This Access Agreement is made between McDowell County and:
Pro ert Owner: Dover Andrews
Street Address: 6281 Old Linville Rd.
City/State: Marion, NC 28752
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDowell County or Representative Property Owner
By: By:
Date: ZZ) Date:
. ----- . -............7 !1M 5/17/2005
-- BLK LOT------ tCiD R, S, CF)
---------- (A UPDATE ABST (Y/N) Ntsn
4AP
L728 . 00 - 41 - 4322 (
------
?CCOUN ---------- -----
T`-000*=35558R
- PROP
21670
AND
G
OWNER: ANDREWS : 20000
L
MARKET: 454 6 0
ASSESSED:
152-0000 DEFERRED:
PRIOR OW =OWIT COVE

MODEL : 5 0 R -
't
CARDS : -J.'- CODE:
-
SALE? T/S BOOK /PAGE DEED 00
DATE INST STAMPS ABBREVIATED LEGAL DESCR
00000 -
.
U.5 Au
NUMB
DIR STREET NAME TYPE X T-
lTTllsH tP : 0 9
CTY:
SR 1560
U/M:5001 ijPD:-06/30/20:
TAXBILL
ACCESS AGREEMENT
This Access Agreement is made between McDowell County and:
Property Owner: Fate Brown Heirs c/o Margaret Blankenship
Street Address: 730 Forest Hill Dr.
City/State: Marion, NC 28752
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (ENVP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
INICDowel ounty or Representative
By: GE'
J ,
Date:
Property Owner
lx, ,
By
Date: - '?2 l- S
C:1Docuntents and SettingsTlanning Department\My Documents\Access Agreement (streams)rev 2.doc3/15/2005
--------------------------------------------------------- BST (--------------
:8 00 -B63 - 32064 (ACTiOfl: , R, S, CF) UPNATE AST Y/N) NBH
nR T-000l't368908 E - PROP 67750 IRS OBXF: 630
44U . - - 1m -SAS- LAND: 1580t
730F URE S - MARKET: 841-80
ASSESSED:
00 DEFERRED:
OR OWNER: NNOWN-
,EL : 17 R R-? N1311: 00090 NORTH SUR CONSTRUCTION CARDS : -Y'- COVE NEW NOTICE CODE:
E? T/S BOOOK /PAGE DEED DATE INST STAMPS
MB
ABBREVIATED LEGAL DESCR
00
DIR STREET NAME TYPE SwIREET X vVN
HWY 221
CTTY
- - EXEMPT-DA?L,
U/M:5001 UPD:-03 20/2003 10:55 MIMTSS7? TAXBILL
ACCESS AGREEMENT 7
This Access Agreement is made between McDowell County and:
Property Owner: Lewis Ray Andrews
Street Address: 6333 Old Linville Rd.
City/State: Marion, NC 28752
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDowell ounty or Re r sentative Property Owner
By: By:_f&' JJ_V'M
Date: r? n t Dater-
A:\Access Agreement (streams)rev 2.doc 5/19/2005
--------------------------------------------------------------------------- -----
1728 . 00 -B41 - 50379 (A?TfOfl:I S,CF) UPNATE ABST (Y/N) NBH
---------------
CCtiLTIvT I'-- 0 0 0-0t 0 0 0 --
JWNER : Aid S RAY
PPROPERTY VAtUES: "G: 69220
OBXF: IS 10
LAND-
6333 ol'i tiNvilils ROAD MARKET: 85 13 0
ASSESSED:
00 DEFERRED:
PRIOR OWNER: NM0=`--
JSE: 50 RURPM - E COVE
MODEL: Dz SFIZ CONSTRUCTION CARDS: ?1. NEW NOTMICE CODE:
SALE? T/S BOO85/P 0034 GE 03ZD171988 INSDT STAMPS 1.00 ABBREVIATED LEGAL DESCR - .92 AC
NUMB DIR STREET NAME TYPE SUFFIX STREET VrCNT-
"--"F ?• - U/M:5001 UPD:-01/08/19999 8: TAXBILL

ACCESS AGREEMENT
This Access Agreement is made between McDowell County and:
Property Owner: Blair Steven & Laurie Jane Miles
Street Address: 15810 Hwy 221 North
City/State: Marion, NC 28752
McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
• Streambank Stabilization • Re-vegetation
• Channel Relocation to Pre-Flood Location • Debris Removal
McDowell County and the Property Owner agree:
1. Property owner grants permission to McDowell County and its contractors and agents to
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
2. Property owner grants permission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation.
3. McDowell County agrees to comply with local, state and federal laws applicable to the
work, and further agrees to exercise due care and caution in the performance of all work on
the Property.
4. This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties.
5. Emergency Watershed Protection measures are intended to repair flood damage to the
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
6. This agreement does not provide confirmation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
7. Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.
McDowell County or Representative Property Ow9fWQ,e' J
By: By: 66!?J_t
Date: V Date: -S/U
A:\Access Agreement (streams)rev 2.doc 5124/2005
--------------------------------------------------------------------------------
MAP BLK LOT (A C D I,R,S,CF) UPDATE ABST (YIN) NBH
1728 00 - 41 - 2739 A?TtOfi: I N
=BUNT-00010-t?0029307-COi-7=NTS T PROPERTY VALUES: .
OWNER: rlitES S JA OBXF:
LAND:
MARKET• 25860
ASSESSED:
28152-0000 DEFERRED:
PRIOR OWNS
JSE : 50
MODEL: '00
IS
SALE? T/S BOOK /0622 DEED8?2000 INSDT STAMPS
00607 NUMB

rwn :09
:TY: -
ABBREVIATED LEGAL DESCR
.00 DY CHANGED ACERAGE PER SURV-
DIR STREET NAME TYPE STREET X N?
HWY 221
CTTY: EXEMPT
U/M:5000 UPD:-019/2000 -
09:32 DES TAXBILL

J
--- ------ ---- ----- ---
--- B4---2-----0------------------ (A-C D-I,R,S,CF) UPDATE ABST (Y/N)----NBH---
1728 . 00 - - 4394 ACTfOfl: I N
COUNT--00017a0029307 COMMNTSEXtST PROPERTY VALUES: BUT1,1.)ING:
DWNER: MIDES S JA OBXF:
LiANE LAND:
MARKET:
ASSESSED:
MATZION Nu 00 DEFERRED:
?RIOR OWNER: 0000000220/9 _ ROWN RY ELL & WILDA E.
COVE
40DEL: ?0 VACANr CARDS: -Z- CODE:
NEW NOTICE _
SALE? T/S BOOK /PAGE DE?D I?ATE INST STAMPS ABBREVIATED LEGAL DESCR
00627 0058 10 05/2000 WD .00 _
NUMB DIR STREET NAME TYPE STREET X // . 45 Ac
?-
US HWY 221 N
vINSIP: 09 =y: EXEll
'T
Y:1 - _ _ U/M:5000 :09 SUM TAXBILL

J
Exhibits - DSR 8
1. Vicinity Map
2. Deed Map
3. Site Photos
Access Agreements
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V?^??? - I -. • t. Qo j Upstream Project Limits
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1 DSR 8
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. 7, 1
•North Cove Downstream Project Limits
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-ti
0 1,250 2,500 5,000 Feet Exhibit 1
McDowell County, NC
CH2M H I LL Ashford, NC - USGS Quad
?? DSR - 8 North Cove Fire Department - South
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EXHIBIT 2 - DEED MAP
DSR 8 - NORTH COVE FIRE DEPARTMENT
1" = 770'