20051234 Ver 1_Complete File_20050708

r

Michael F. Easlcy, Govcrnor

William G. Ross Jr.. Sccrctary
North Carolina Dcpartmcnt of EnvironmcnI and Natural Rcsourccs

Alan W. Klimek, P.E. Director
Division of Watcr Quality

July 18, 2005

DWQ Project # 05-1234
Buncombe County

Jon Creighton
Buncombe County Government
205 College Street
Asheville, NC 28801

Subject Property: Bill Moore - EWP

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Creighton:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 150 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 8, 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. As "stable" and
"pre-storm" are not interchangeable terms, all work must be to ensure stability,
regardless of channel location. Additionally, channels cannot be returned to it's pre-
storm location unless there is documented instability is submitted and approved as part
of the application package. If you change your project beyond the activities authorized
below, 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:

N~nhCarolina
;Vllfllmll!l

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]/lnternel: http://h2o.enr.state.nc.us/ncwetlands

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

Buncombe County:
Page 2 of 6
July 18,2005 ' '\.

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Stream

Plan Location or Reference

Bill Moore 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.

"

Buncombe County:
Page 3 of 6
July 18,2005

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

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

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Bill Moore Creek is classified as C. As such, the following Administrative Codes
apply: 15A NCAC 02B .0211

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

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
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.

Buncombe County:
Page 4 of 6
July 18,2005 ( ....

9. The channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged (excavated)
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 re-establishing the natural and more
stable stream channel dimensions. Streambed 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 hpur equipment.

13. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)Guidelines for Riparian Buffer Restoration.
(http://h20.enr.state.nc.us/wrp/pdf/buffers . pdf )

13. 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.

...

Buncombe County:
Page 5 of6
July 18,2005

14. 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.

15.lf 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.

16. 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.

17. Water Quality Certification Notifications

The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.

18. Turbidity Standard

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

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 1508 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.

Buncombe County:
Page 6 of6
July 18,2005 . ....

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,

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

AWK/khb

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

cc: Mike Lovoy, P.E., Civil Design Concepts
200 Swannanoa River Road
Asheville, NC 28805
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-1234. EWP .BuncombeCounty .BiIlMooreCreek.Approval

Triage Check List

Date: 07/12/05

Project Name: Buncombe EWP Bill Moore Creek
DWQ #:05-1234
County: Buncombe

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 7/8/05 to 9/6/05

From: Cyndi Karoly Telephone: [phone]

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

D Stream length impactcd
D Stream determination
Wetland determination and distance to blue-linc surface waters on USFW topo maps
D Minimization/avoidance issucs
D Buffcr Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
DAre thc stream and or wetland mitigation sites availablc and viablc?
D Check drawings for accuracy
D Is the application consistcnt with prc-application meetings?
Cumulative impact concern
D
D

D

Comments: As per our discussion regarding revision of the triage and dclcgation proccsses,
please review the attached file. Note that you arc the first rcvicwer, so this file will need to be
reviewed for administrative as wcll as tcchnical details. If you elect to place this projcct on hold,
plcasc ask the applicant to providc your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an expcrimcntal, interim
procedurc as wc slowly transition to electronic applications. Please apprise mc of any
complications you cncounter, whethcr related to workload, proccssing times, or lack of a "second
reviewer" as the triage process in Central had prcviously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the elcctronic applications, let mc know.
Thanks!

Junc 24,2005

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Rebccca Ncwton
Asheville Regulatory Field Of1ice
US Army Corps of Enginccrs
151 Palton Avenue
Room 208
Ashevillc, NC 28801-5006

Rc:

_ Emcrgeney Watershcd Project
(Strcam Restoration)
CDC Projcct No.10512

Dcar Ms. Ncwton,

Pleasc find eneloscd a USACE pennit application(Scction 401 and 404), a copy ofthc
Landowners Access Agrecmcnt application, a set of 8.5xll plans, and a USGS Map excerpt
of thc subjcct sitc for your rcvicw and approval. .

Thc proposcd project is a rcstoration cffort in conjunction with thc Emcrgcncy
Watcrshcd Project to rcbuild and stabilize various locally damaged strcams to prcvent furthcr
crosion control problcms to existing propcrty and structurcs. Rcstoration with thcsc projects
will consist of minimal streambcd disturbancc, debris removal and stream bank stabilization.

In an effort to be in construction as soon as possiblennd not jeopardize the funding for
these projects, we appreciate your expedited rcview ofthis application. We also welcome
comments by phone so that we can addrcss your comments quickly and get into construction as
soon as possible.

Plcase call if you have any qucstions or dcsirc any additional information.

Sinccrely,

0r;gju~v X tL

Christopher S. Ellcr, PE
Civil Dcsign Concepts, P.A.

Cc: Cimly Kamly-DWQ
Kevin Ualllclt-DWQ
Gary Iliggins-Uuncolllhe County
Dave Mcllcnry-North Carolina Wildlife Rcsolllccs COllllllission

S:\^CM)\10512\Docs\1II24jun05.t!oc

P.O. Box 5432 Asheville, NC 28813 Phone: [phone] Fax: [phone]

Office Use Only:

Form Version March 05

USACE Action ID No. D\VQ No.
(If any particular itcm is not applicable to this project, please cnter "Not Applicablc" or "N/A".)

I. Processing

1. Chcck all ofthc approval(s) rcqucstcd for this projcct
~ Scction 404 PCl1nit D Riparian or Watcrshcd Buffcr Rulcs
D Scction 10 Pennit D Isolatcd Wctland Pennit from DWQ
~ 401 Water Quality Ccrtification D Express 401 Watcr Quality Ccrtification

2. Nationwidc, Regiollal or General PCl1nit Numbcr(s) Requested: NWP 37

3. If this notification is solely a courtcsy copy bccausc writtcn approval for thc 401 Ccrtification
is not requircd, chcck hcrc: D

4. If paymcnt into thc North Carolina Ecosystcm Enhanccmcnt Program (NCEEP) is proposcd
for mitigation of impacts, attach thc acccptancc lcttcr from NCEEP, complctc section VlII,
and chcck herc: D

II.

5. If your projcct is locatcd in any of North Carolina's twcnty coastal countics (listcd on pagc
4), and thc project is within a North Carolina Division of Coastal l'v1.!HWWLEfPl ~rca of
Environmental Coneem (see the lop of page 2 lor further delailt~hC~C: U. ,. .

Applicant Information JUL 0 r: I" "'\

.' \ i 1
. ~vt.~ "Ctl
Dr_, .:"". ;s\6f.J!:{:i\I~R~RN'
'i;8VJ'''''' I"'~

I. Owncr/ Applicant Information
Namc: Buncombe County
Mailing Addrcss: 44 Valley Street
Asheville. NC 28802
Contact: Garv Higgins

Telcphone Numbcr: [phone] Fax Numbcr: [phone]
E-mail Address: Gary.Hi~[e-mail]

2. Agcnt/Consultant Information (A signcd and datcd copy of thc Agcnt Authorization lcttcr
must bc attached ifthc Agcnt has signatory authority for thc owncr/applicant.)
Namc: Mikc Lavoy, PE
Company Affiliation: Civil Dcsi~n COllccptS. P A
Mailing Addrcss: 200 Swallnanoa Rivcr Road
Ashevillc, NC 28805

Telephone Numbcr: [phone] Fax Numbcr: [phone]
E-mail Addrcss:[e-mail]

Page 5 of 12

III. Project Information

Attach a vicinity map clcarly showing thc location of thc propcrty with rcspcct to local
landmarks such as towns, rivers, and roads. Also providc a dctailcd site plan showing propcrty
boundarics and developmcnt plans in relation to surrounding propcrtics. Both thc vicinity map
and sitc plan must includc a scalc and north arrow. Thc spccific footprints of all buildings,
impervious surfaccs, or othcr facilitics must bc included. If possiblc, thc maps and plans should
includc thc appropriatc USGS Topographic Quad Map and NRCS Soil Survcy with thc property
boundarics outlincd. Plan drawings, or othcr maps may be includcd at thc applicant's discrction,
so long as the propcrty is clcarly defincd. For administrativc and distribution purposcs, thc
USACE rcquircs infonnation to bc submittcd on shccts no largcr than 11 by 17-inch format;
howcver, DWQ may acccpt papcrwork of any sizc. DWQ prcfcrs full-sizc construction
drawings rathcr than a scquential shect version of thc full-sizc plans. If full-sizc plans arc
reduccd to a small scale such that thc final vcrsion is illcgiblc, thc applicant will be informed that
thc projcct has bccn placcd on hold until dcciphcrablc maps arc providcd.

1. Namc ofprojcct: Buncombc County Emergcncy Watcrshcd Protection

2. T.l.P. Projcct Numbcr or Statc Project Number (NCDOT Only):

3. Propcrty Identification Numbcr (Tax PIN): 9615.01-29-3791

4. Location
County: Buncombc Ncarcst Town: Candler
Subdivision namc (includc phasc/lot numbcr):
Dircctions to site (ineludc road numbcrs/names, landmarks, etc.): Scc
Attachmcnt

pagc

Cl

of

5. Sitc coordinatcs (For linear projccts, such as a road or utility linc, attach a shcct that
scparately lists thc coordinates for cach crossing of a distinct waterbody.)
Dccimal Dcgrccs (6 digits minimum): 35.5080oN, 82.6560oW

6. Property sizc (acrcs):

7. Namc of near cst rcceiving body ofwatcr: Bill Moorc Crcck

8. River Basin: Frcnch Broad Rivcr
(Notc - this must bc onc of North Carolina's scvcntecn designatcd major rivcr basins. Thc
Rivcr Basin map is availablc at http://h20.cnr.statc.llc.us/admin/maps/.)

9. Dcscribc thc cxisting conditions on the sitc and general land usc in thc vicinity of thc projcct
at thc timc of this application: Land use in thc arca consists of privatc rcsidcnccs and yards

Page 6 of 12

10. Describc thc ovcrall projcct in dctail, including thc typc of cquipment to bc uscd: Thc
projcct will rcquirc thc use of hand tools and hcavy equipment, including fi'ont end Ioadcrs
and backhocs with hydraulic thumbs. All equipment will bc maintaincd to cnsurc no
hydraulic fluid will entcr thc stream channcls.

11. Explain thc purposc of thc proposcd work: To protcct propcrty and rcstore damagcd stream
channels to thc stablc, pre-storm condition, utilizing natural channcl design to thc bcst cxtcnt
practical.

IV. Prior Project IIistory

If jurisdictional dctcrminations and/or permits havc becn rcqucstcd and/or obtaincd for this
projcct (including all prior phascs of thc samc subdivision) in thc past, plcasc cxplain. Includc
thc USACE Action 10 Numbcr, OWQ Project Numbcr, application datc, and datc pcnnits and
ccrtifications wcrc issucd or withdrawn. Providc photocopics of prcviously issued pcnnits,
ccrtifications or other uscful information. Dcscribe prcviously approvcd wetland, stream and
buffer impacts, along with associated mitigation (whcrc applicablc). If this is a NCDOT projcct,
list and dcscribe permits issucd for prior segmcnts of thc samc T.I.P. projcct, ulong with
construction schcdulcs. N/A

V. Future Project Plans

Arc any futurc penllit rcqucsts anticipated for this projcct? If so, describc thc anticipatcd work,
and provide justification for thc cxclusion of this work from the cunent application.
N/A

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agcnt's) responsibility to determinc, delincate and map all impacts to
wetlands, opcn watcr, and strcam channels associated with thc project. Each impact must bc
listcd separately in thc tables below (e.g., culvcrt installation should be listcd scparatcly ii-om
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
pcnnancnt and tcmponiry, must bc listed, and must be labeled and clcarly idcntifiablc on an
accompanying sitc plan. All wetlands and watcrs, and all strcams (intermittent and pcrcnnial)
should be shown on a delineation map, whethcr or not impacts are proposcd to these systems.
Wetland and strcam evaluation and delineation forms should be includcd as appropriate.
Photographs may bc includcd at the applicant's discretion. If this proposcd impact is strictly for
wetland or strcam mitigation, list and dcscribc thc impact in Scction VIII below. If additional
spacc is ncedcd for listing or dcscription, plcasc attach a scparatc shcct.

1. Providc a written dcscription of the proposed impacts: Impacts includc dcbris rcmoval. thc
construction of rock bcrms, and rcvegctation

Page 7 of 12

2. Individually list wctland impacts. Typcs of impacts includc, but are not limitcd to
mcchanizcd clcaring, grading, fill, cxcavation, flooding, ditching/drainage, ctc. For dams,
I r' d

scparatcIy 1st llllDacts uc to both structurc and flooding.
W ctland Impact Typc of Wetland Located within Distance to Arca of
Sitc Numbcr Type of Impact (e.g., forested, marsh, I GO-ycar Ncarcst Impact
(indicatc on map ) herbaccous, bog, ctc.) Floodplain S trcam (acres)
(ycs/no) (linear fect)
Total Wetland Impact (acres) 0

3. List thc total acrcage (cstimatcd) of all cxisting wetlands on the propcrty: 0 acrcs

4. Individually list all intennittent and perennial stream impacts. Be sure to identify tcmporary
impacts. Stream impacts includc, but arc not limited to placcment of fill or culvcrts, dam
construction, f1ooding, relocation, stabilization activitics (c.g., cement walls, rip-rap, crib
walls, gabions, etc.), cxcavation, ditching/straightcning, ctc. If strcam rclocation is proposcd,
plans and profilcs showing thc linear footprint for both thc original and relocatcd strcams
I I I I I d I I d"d b 4 6

must bc includcd. To calcu ate acreage, mu tiply cngt 1 X wi t 1, t lcn IVI c ,y 3,5 O.
Strcam Impact Pcrennial or ^ vcragc Impact Arca of
Number Strcam Namc Type of Impact Intcrmittcnt? Strcam Width Lcngth Impact
(indicate on man) Beforc Impact (linear fcct) (acres)
43 Bill Moore Crcek Construct rock P 8' 150' 0.03
berms
Total Stream Impact (by Icngth and acrcagc) 150 0.03

5. Individually list all opcn watcr impacts (including lakcs, ponds, estuarics, sounds, Atlantic
Ocean and any other water of thc U.S.). Open watcr impacts includc, but arc not limited to
II d d' f1 d' d' b III d t

fi , cxcavatIon, rc Jgmg, 00 lllg, ramagc, u <: lea s, e c.
Opcn Water Impact Type of Water body Area of
Site Numbcr Namc of Water body Type of Impact '(lakc, pond, estuary, sound, bay, Impact
(indicatc on map) (if applicable) ocean, ctc.) (acrcs)
Total Open Water Impact (acres) 0

Page 8 of 12

6.

7. Isolatcd Watcrs
Do any isolatcd watcrs cxist on the propcrty? D Ycs [ZJ No
Describe all impacts to isolatcd watcrs, and includc thc type of watcr (wctland or strcam) and
thc sizc of thc proposcd impact (acres or lincar fcet). Plcase notc that this scction only
applics to waters that havc spccifically bcen determincd to bc isolatcd by thc USACE.

8. Pond Crcation
If construction of a pond is proposed, associatcd wetland and strcam impacts should bc
included abovc in thc wctland and strcam impact sections. Also, thc proposed pond should
bc dcscribcd hcrc and illustratcd on any maps included with this application.
Pond to be creatcd in (chcck all that apply): D uplands D strcam D wctlands
Dcscribc the mcthod of construction (c.g., dam/embankmcnt, cxcavation, installation of
draw-down valvc or spillway, etc.):
Proposcd usc or purposc of pond (c.g., livestock watcring, irrigation, aesthctic, trout pond,
local stormwater requircment, ctc.):
Current land usc in thc vicinity ofthc pond:
Sizc ofwatcrshcd draining to pond: Expcctcd pond surfacc arca:

VII. Impact Justification (Avoidance and Minimization)

. Spccifically dcscribc mcasurcs taken to avoid thc proposed impacts. It may bc uscful to providc
information relatcd to site constraints such as topography, building ordinances, acccssibility, and
financial viability of thc projcct. Thc applicant may attach drawings of altcrnativc, lower-impact
sitc layouts, and cxplain why these dcsign options wcrc not fcasible. Also discuss how impacts
werc minimizcd oncc thc dcsircd site plan was dcvelopcd. If applicablc, discuss construction
tcchniques to bc followcd during construction to reducc impacts. Thc proposcd projects will
takc placc within arcas impactcd by hurricancs during 2004.

VIII. Mitigation

DWQ _ In accordancc with 15A NCAC 21-1 .0500, mitigation may bc rcquircd by thc NC
Division of Watcr Quality for projccts involving greater than or cqual to onc acrc of impacts to
frcshwater wctlands or grcatcr than or cqual to 150 lincar fcct of total impacts to percnnial
strcams.

Page 9 of 12

USACE - In accordancc with thc Final Notice of Issuancc and Modification of Nationwidc
Pcrmits, publishcd in thc Fcderal Registcr on January 15,2002, mitigation will bc rcquired whcn
ncccssary to cnsure that advcrsc effects to the aquatic environment are minimal. Factors
including size and typc of proposed impact and function and relativc valuc of thc impactcd
aquatic rcsourcc will be considercd in dctcrmining acceptability of appropriatc and practicablc
mitigation as proposed. Examples of mitigation that may bc appropriatc and practicablc ineludc,
but arc not limited to: reducing thc sizc of thc project; establishing and maintaining wetland
and/or upland vcgetated butfcrs to protect opcn watcrs such as streams; and rcplacing losscs of
aquatic resourcc functions and valucs by crcating, rcstoring, cnhancing, or prcserving similar
functions and values, preferablc in the samc watershcd.

If mitigation is rcquired for this project, a copy of the mitigation plan must bc attachcd in ordcr
for USACE or DWQ to considcr thc application eompletc for processing. Any application
lacking a rcquircd mitigation plan or NCEEP concurrcnce shall bc placcd on hold as incomplctc.
An applicant may also choosc to rcvicw thc current guidelincs for stream rcstoration in DWQ's
Draft: Technical Guidc for Strcam Work in North Carolina, availablc at
http://h2o.cnr.sta tc. n c. us/newet lands/ s tnngi d c. html.

1. Providc a brief dcscription of thc proposed mitigation plan. Thc description should providc
as much information as possible, including, but not limited to: sitc location (attach dircctions
and/or map, if offsitc), affcctcd stream and rivcr basin, type and amount (acreagc/linear feet)
of mitigation proposcd (rcstoration, cnhancement, creation, or preservation), a plan vicw,
prcscrvation mcchanism (c.g., dced rcstrictions, conservation easement, etc.), and a
description of thc currcnt sitc conditions and proposed mcthod of construction. Plcase attach
a separatc shcct if morc spacc is nceded.
No mitigation is proposcd for this projcct

2. Mitigation may also bc made by payment into thc North Carolina Ecosystem Enhancemcnt
Program (NCEEP). Plcasc notc it is the applicant's responsibility to contact thc NCEEP at
[phone] to dctcnninc availability, and writtcn approval from thc NCEEP indicating
that thcy arc will to acccpt payment for the mitigation must be attachcd to this form. For
additional info11l1ation regarding thc application proccss for the NCEEP, check the NCEEP
website at http://h20.enr.statc.tlc.us/wrp/indcx.htm. If usc of thc NCEEP is proposcd, plcasc
check thc appropriate box on pagc fivc and provide thc following information:

Amount of stream mitigation rcquestcd (linear fcet):
Amount ofbuf1er mitigation rcqucstcd (square fect):
Amount of Riparian wetland mitigation rcquestcd (acrcs):
Amount of Non-riparian wetland mitigation requested (acrcs):
Amount of Coastal wctland mitigation rcqucstcd (acrcs):

PagclOofl2

IX. Environmental Documentation (required by D'VQ)

1. Docs thc projcct involvc an cxpcnditurc of public (fedcral/state/local) funds or the usc of
public (fcderal/state) land? Yes ~ No D

2. If yes, docs the projcct rcquirc preparation of an cnvironmental documcnt pursuant to thc
rcquiremcnts of thc National or North Carolina Environmcnta1 Policy Act (NEP A/SEP A)?
Notc: If you arc not surc whethcr a N EP A/SEP A document is rcquired, call thc SEP A
coordinator at [phone] to rcvicw current thrcsholds for environmental documcntation.
Yes D No ~

3. If ycs, has thc documcnt rcvicw bcen finalizcd by thc Statc Clcaringhousc? If so, plcasc
attach a copy ofthc NEPA or SEPA final approvallcttcr. Ycs D No D

X. Proposed Impacts on Riparian and 'Vatershed Buffers (required by DWQ)

It is thc applicant's (or agent's) responsibility to determinc, dclineatc and map all impacts to
rcquircd state and local buffers associated with the projcct. Thc applicant must also providc
justification for thesc impacts in Scction VII abovc. All proposed impacts must bc listcd hcrein,
and must be c1carly identifiablc on the accompanying site plan. All buffers must bc shown on a
map, whcthcr or not impacts arc proposed to the buffcrs. Correspondencc from thc DWQ
Regional Officc may be included as appropriate. Photographs may also be includcd at thc
applicant's discretion.

I. Will thc projcct impact protccted riparian buffcrs idcntificd within 15A NCAC 28 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
28 .0250 (Randlcman Rulcs and Water Supply Buffcr Rcquircmcnts), or other (pleasc
idcntify )'1 Ycs D No [ZJ

2. If "yes", idcntify thc square fect and acreage of impact to cach zonc of thc riparian buffers.
I f buffer mitigation is rcquired calculatc thc requircd amount of mitigation by applying thc
buffl I . r

cr mu tw Icrs.
Zonc. Impact Multiplier Rcquircd
(squarc feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total

* Zone I extends out 30 feet perpendicular from the top of thc ncar bank of channel; Zonc 2 cxtcnds an
additional 20 fect from thc edgc of Zonc I.

3. If buffer mitigation is rcquircd, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancemcnt, or Paymcnt into thc
Riparian Butfcr Rcstoration Fund). Plcasc attach all appropriatc information as idcntificd
within 15A NCAC 2B .0242 or .0244, or .0260.

Page II of 12

XI. Stormwater (required by DWQ)

Dcscribc impcrvious acrcagc (cxisting and proposcd) vcrsus total acrcage on the site. Discuss
stormwatcr controls proposed in ordcr to protect surface watcrs and wetlands downstrcam from
thc property. If pcrccnt impcrvious surface cxcccds 20%, please provide calculations
demonstrating total proposcd impervious level. No impervious surfaces will be constructcd for
this proicct.

XII. Sewage Disposal (required by DWQ)

ClcarIy detail the ultimate trcatment methods and disposition (non-discharge or discharge) of
wastewatcr gencrated from the proposed projcct, or availablc capacity of the subject facility.
N/A

XIII. Violations (required by DWQ)

Is this site in violation ofDWQ Wctland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Ycs D No [ZJ

Is this an aftcr-the-fact pern1it application? Yes 0

No ~

XIV. Cumulative Impacts (required by DWQ)

Will this project (based on past and rcasonabIy anticipated future impacts) rcsult in additional
development, which could impact nearby downstream water quality? Yes D No ~
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most rccent North Carolina Division of Water Quality policy posted on our website at
http://h20.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:

XV. Other Circumstances (Optional):

It is thc applicant's responsibility to submit the application sufficicntly in advance of desired
construction dates to allow processing timc for these pennits. However, an applicant may
choose to list constraints associatcd with construction or sequencing that may imposc limits on
work schedules (e.g., draw-down schcduIes for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
See Attachcd Narrative.

yfr~t'J

Date
(Agcnt's signature is valid only if an authorization letter from the applicant is provided.)

~12lf~

n"....... 1'l ....C 1'"

1

1000
I

o

1000 2000
I

Feet

Scale: 1 inch equals 2,000 feel
Source: USGS DIgIlal Raster Graphics
Enka and Dunsmoore Mountain Quadrangles. 1987.

_LL

Attachment A: Project Information

Buncombe County. Bill Moore Creek

Emergency Watershed Protection

Site Trout Approximate In-stream Bank Debris
Number Landowner Address PIN Latllona Recelvlna Water Water HOW Channel Lenath Structure RepaIr Removal
421 Reeves Cove Road
43 Curtis Tucker Candler, NC 28715 9515.01-29-3791 35.5050.N. 52.6560"'11 Bill Moore Creek No No 150 J-hook Yes Yes

Buncombe County Emcrgency Watcrshcd Protection Project Summary
Project Narrativc, Bill Moore Creek

Sitc # 43

Thc proposed projcct is located on Bill Moorc Creck in Buncombc County, North
Carolina. Thc Bcst Usagc Classification of this reach is C and is not a designated Trout
water. Adjaccnt land usc includes private rcsidcnces and yards.

The proposcd project is approximately 150 linear feet in Icngth. No Thrcatcned or
Endangcrcd specics survcys were rcqucsted at this site. Work proposed for this site
includcs rcmoval of dcbris, construction of rock berms. Eroding banks will be back-
fillcd and rcvcgctated.

c-)

nCu.r-tli.s. T~~r

../

PERMIT FOR EMERGENCY \V ATERSHED PROTECTION (E'VP)

The undersigned landowners hercby grant pcrmission to Buncombe County and thc Buncombc

County Soil and Water Conservation District and/or their agcnts to cntcr upon our land for thc

purpose of repairing the flood damage of stream channels and strcam banks in the

13; (; ( ~, P/-C c;.~~

watcrshed.

This permit includes the right to spread soil, remove and dispose of debris, install needed

measures, seed and mulch, and perform similar emergency watershed protection work

necessitated by the floods of Septcmbcr, 2004.

This pennit also includes the right of ingress and egress on the land for the purpose of

maintaining or inspecting maintenance of the emcrgency works for the period of 1 year fi-om the

date of completion. Work areas covered by this permit arc sketched on the rcverse of this form

or on an attachcd sheet.

Signed

Date

Signed

Date

(~~l1L/~o,
{/~<'I0.J du-o./W--'

I /:)3/ Or;-

, I

i/23(05
I

,i .'

BUNCOMBE COUNTY

EWP PROJECT

CURTIS TUC/(ER PROPERTY

421 REEVES COVE ROAD, CANDLER, NC 28715

PIN: 9615.01-29-3791
BILL MOORE CREEK

BUNCOMBE COUNTY SITE NUMBER: 43

CLIENT'

BUNCOMBE COUNTY
44 VALLEY STREET
ASHEVILLE, NC 28801
[phone]

PREPARED BY'

C cR. (C.::.. ~..'. 200SWANNANOARIVERRD.
. ASHEVillE, NO 26605
. PHONE [phone]
. . .. FAX [phone]
CIVil DESIGN CONCEPTS, PA
~ hUp:/IWWoN.clvlldcslgnconccpts.comJ

Environmental
Services, Inc.

SCOPE OF PROJECT:

BACKFILL ERODED AREAS
RE-VEGETATE BANKS
INSTALL ROCK
REMOVE DEBRIS

CDC JOB NO. 10512
DA TE. MA Y 5, 2005
SITE 143

. 1082" ~IO.OO" WI .I. .'

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'-'082038' 0.00" ""

-i~

Name: ENKA
Date: 1/412005
Scale: 1 inch equals 2000 feet

Location: 035D 30' 30.6" N 0820 38' 36.8" W
Caption: Tucker

Copyright (el 1997, Maplech. Inc.

___1.. 1

DAMAGED AREA

DIRECTIONS:
FROM 1-40W TAKE THE US-19jUS-23 EXIT - (EXIT 44) - TOWARD W ASHEVlllEjENKA-CANDLER.
TURN RIGHT ONTO US-74 AlTjUS-19jUS-23. CONTINUE TO FOllOW US-19jUS-23.
TURN lEFT ONTO NC-112.
TURN RIGHT ONTO lAKE DR. PASS THROUGH 1 ROUNDABOUT.
lAKE DR BECOMES CASE COVE RD.
TURN lEFT ONTO REEVES COVE RD.
END AT 421

AERIAL PHOTO fOR:

REEVES COVE RD.

CCf(6~ ~ 200 SWAHNAHOARIY!RRD.
AIHEVIu.e, NC:zaeoe
PHON!! (lI2lI)2DalI8
FAX (1128) 2lIUHl1
CIVIL DESIGN CONCEPTS, PA
---- ~ www.cMldeolgnoonoeptLao

CURTIS TUCKER
PROPERTY

SCALE: NOT TO SCAU:

Environmental
ServIces, Inc.

SfTE 143

C1

UPSTREAM VIEW

PROPOSED BACKFILL @2: 1
SLOPE, RE-VEGETATE, AND
INSTALL COIR MATllNG
(TYP) (SEE DETAIL)

S1REAM DAMAGE REPAIR FOR:

~..~
cCiCC - --~-..
AIIHEVIlLE, NO 21805
PHONE [phone]_
CIVIL DESIGN CONCEPTS, PA FAX(828)2S2.Q85
.......... ~
_ www.olvlldeelgnoonaepta.-..

CURTIS TUCKER
PROPERTY

SCALE: NOT TO SCAlE

Environmental
Services, Inc.

SfTE 143

C2

DOWNSTREAM VIEW

PROPOSED BACKFILL @2: 1
SLOPE, RE-VEGETATE, AND
INSTALL COIR MATTING
(TYP) (SEE DETAIL)

CURTIS TUCKER
PROPERTY

cct64 ~

CIVIL DESIGN CONCEPTS, PA
--- --"
_ www.clvlld_lgnoonoeplL-..

200 lIWAHNANOA RIVER RD,
ASHEVlu.E, NO 28805
PHONE (828) 252-.'l888
FAll (828) 252_

Environmental
Services, Inc.

S1REAM DAMAGE REPAIR FOR:

SCALE: NOT TO SCALE

SITE 143

C3

DOWNSTREAM VIEW

PROPOSED RE-VEGETATE
EXPOSED DIRT (TYP)

S1REAM DAMAGE REPAIR FOR:

cdE4 ~

CIVIL DESIGN CONCEPTS, PA
............. ~ www.clvl~

CURTIS TUCKER
PROPERTY

200 llWAHllAHOA RIVER RD.
ASHEVILLE, NO 2IIlI05
PHONE (ll2I) 252-5388
FAX (lI28) 2G2-a3M

SCALE: NOT TO SCAlE

SfTE #43

Environmental
Services, Inc.

C4

J

_LJ

UPSTREAM VIEW

PROPOSED REMOVE ROCKS
AND DEBRIS

PROPOSED BACKFILL @2: 1
SLOPE, RE - VEGETATE. AND
INSTALL COIR MATTING
(TYP) (SEE DETAIL)

CURTIS TUCKER
PROPERTY

200 SWANNAHOA RIVER RO.
ASHEVILLE, NO 2lI805
PHONE (82lI)26Z-6388
FAX (82lI)252_

Environmental
Services, Inc.

SlREAM DAMAGE REPAIR FOR:

www.clvlldnlgncollOOlpta.oom

SCAlE: NOT TO SCAlE

SITE 143

C5

I
I

--~

DOWNSTREAM VIEW

PROPOSED BACKFILL
AND RE-VEGETATE
BEHIND EXISTING ROCK
BERM (SEE DETAIL)

CURTIS TUCKER
PROPERTY

cctC: ~

CIVIL DESIGN CONCEPTS, PA
---- ~ www.clvlldealgnoonoepta.oom

200 BWANNAHOA RIVER RD.
ASHEVlLJ.E, NO 2ll806
PHONE(ll2II)2Q.&88
FAX(ll2II)2SHH5

Environmental
Services, Inc.

STREAM DAMAGE REPAIR FOR:

SCAlE: NOT TO SCAlE

SITE 143

C6

I
I
I
---.J

CUT SLOPE

ESTABLISH TOE OF PROPOSED STREAM
BANK 'MTH 24 INCH DIAMETER (MINIMUM
DIMENSION) ANGULAR STONE, UNDERLAID
'MTH GEOTEXTILE FABRIC.

LA YBACK TOP OF SLOPE AS NEEDED TO
ACHIEVE A MAXIMUM SLOPE OF 2
HORIZONTAL: 1 VERTICAL.

COMPACT FILL IN SIX INCH LIFTS IN
ERODED AREA.

PROVIDE SOIL AMENDMENTS ,SEED AND
COVER WITH COIR MATTING (PERMISSIBLE
SHEAR STROSS ~ 4.5 16,/SQ.FT.) STAKE
MATTING ON 3 FOOT CENTERS WITH
12-INCH MINIMUM WOODEN STAKES (ECC
STAKES OR EQUAL).

ESTABLISH ADEQUATE GROUND
COVER DAILY. FOLLOW RIPARIAN
AREA SEEDING SPECIFICATION

DIVERT SURFACE
RUNOFF WITH SWALE
PERMANENT/TEMPORARY
SEEDING

PROPOSED GRADE
MAX 2: 1 FOR FILL SLOPES
MAX 1.5: 1 FOR CUT SLOPES

I
\
I
\
\ COMPACTED FILL

/'" ---z-
SELECT BACKFILL TO '-...
BE SANDY CLAY LOA / _
AND SURGE STONE - - - - _

EXISTING BANK /
AMOCO 2006 GEOTEXTILE
FABRIC OR APPROVED
EQUIVALENT.

PROPOSED 700G KOIRMA T
EROSION CONTROL BLANKET
OR APPROVED EQUIVALENT
(REFER TO PLANS)

BASE FLOW
V

24-INCH ANGULAR
DEFLECTOR STONES

EXISTING STREAM BED

CUT/BACKFILL BANK STABILIZATION DETAIL
NOT TO SCALE

CURTIS TUCKER
PROPERTY

cdC-:: ~ ~., ~~~~O~ERRD.
PHONE (828) 252-s388
, FAX [phone]
CIVIL DESIGN CONCEPTS, PA
~ --" ........,cIvUd..lgnooncepla.com

Environmental
Services, Inc.

CUT/BACKFlLl BANK STABIUZATION DETAIL FOR:

SCALE: NOT TO SCAlE

SfTE #43

C7

EROSION CONTROL AND
RE-VEGETATION NOTES

GENERAL: ALL EROSION CONTROL MEASURES ARE TO BE PERFORMED IN STRICT ACCORDANCE
WITH REQUIREMENTS OF THE NCDENR. THE FOLLOWING CONSTRUCTION SEQUENCE
SHALL BE COMPLIED WITH FOR ALL WORK,

1. INSTALL ALL EROSION CONTROL MEASURES AS REQUIRED BY NCDENR.

2. OBTAIN APPROVAL THROUGH ON-SITE INSPECTION BY A REPRESENTATIVE OF
CIVIL DESIGN CONCEPTS.

3. PROCEED WITH REMOVAL OF DEBRIS AND GRADING.

4. SEED DENUDED AREA IMMEDIATLEY AFTER FINISHED GRADES ARE ESTABLISHED. SEED AND
SOIL AMENDMENTS SHALL BE PLACED ON A PREPARED SEEDBED AT THE FOLLOWING RATES
PER ACRE:

PERMANENT AND TEMPORARY SEEDING OF SLOPES AND PERMANENT STABILIZED AREAS.

LIME
FERTlllZER (10-10-10)
STANDARD RIPARIAN MIX
GERMAN MILLET
NAG S150 EROSION MAT OR APPROVED EQUIVALENT

FOR ALL SLOPES STEEPER THAN 2: 1 ADD TO THE ABOVE:

4,000 LBS
1,000 LBS
15 BULK LBS
10 LBS

SERICEA LESPEDEZA

40 LBS

IF HYDROSEEDING IS USED, WOOD CELLULOSE MAY BE SUBSTITUTED FOR STRAW MULCH AT
THE RATE OF 1,000 LBS PER ACRE.
ALL SEEDING SHALL BE MAINTAINED, WATERED, ETC., UNTIL A PERMANENT VEGETATIVE GROUND
COVER IS ESTABLISHED OVER ALL DISTURBED AREAS.
5. INSTALL STREAM CO WILLOWS WHERE REQUIRED PER PLANS.
6. MAINTAIN SOIL EROSION CONTROL MEASURES UNTIL PERMANENT GROUND COVER IS
ESTABLISHED.
7. REMOVE SOIL EROSION CONTROL MEASURES AND STABILIZE THESE AREAS WITHIN 14 DAYS
OF COMPLETION.
8. REQUEST FINAL APPROVAL BY CIVIL DESIGN CONCEPTS.

RE-VEGETATION SEQUENCE

PREPARE SURFACE FOR SEEDING.
SPREAD TEMPORARY MILLET AND PERMANENT STANDARD RIPARIAN MIX.
FERTILIZE.
INSTALL EROSION CONTROL MAT OR GEOTECH MAT.
INSTALL STREAMCO WILLOWS WHERE REQUIRED.

CURTIS TUCKER
PROPERTY

:zoo SWANNANOA R1VI:R RD.
ASHEVILLE, Ne =5
PHONE [phone]M
FAX [phone]

Environmental
Services, Inc.

EROSION CONTRa. AND RE VEGETATION NOTES fOR:

www.c;h1l1d...lgncon<;epla.com

SCAlE: NOT TO SCAU:

SITE #43

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