20051297 Ver 1_Complete File_20050725

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Michael F, Easley, Governor

William G. Ross ir" Secretary
North Carolina Department of Environment and Natural Resources

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

July 25, 2005

Paul Leek, County Manager
Clay County
P.O. Box 118
Hayesville, NC 28904

DWQ Project # 05-1297
Clay County

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AUG 1 -2005

Approval of 401 Water Quality Certification with Additional Condi~WATERQUALlTY
~DSANDSTOR~ATERBRANCH
Dear Mr. Wiseman:

Subject Property:

Shooting Creek EWP (Clifford Parton)

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 500 feet of streams for the purpose of
streambank stabilization and woody debris removal I trash removal at the subject
properties, as described within your application receive~ by the N.C. Division of Water
Quality (DWQ) on July 14, 2005. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3367 (3367).
The Certification(s) allows you to use Nationwide Permit(s) 37 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.

This approval is for the purpose that you described in your application. (Nothing in this
approval should be interpreted as giving permission to remove bedload material
from the existing channel, nor allowing for the construction of berms which
would not allow the stream access to it's floodplain.) As "stabJe" 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 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.

.~VA
NCTJE'NR

401 Wetlands Certificatlon Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet hltp://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Actlon Employer - 50% Recycled/l0% Post Consumer Paper

Clay County:
Page 2 of6
July 25, 2005

The Additional Conditions of the Certification are:

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 Plan Location or Reference
Approved (Units)
Stream 500 (feet) Shooting 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.

Clay County:
Page 3 of6
July 25, 2005

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

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

5. Certificate of Completion

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

6. Construction in this creek and disturbance within a 25-foot trout buffer, where
applicable, should be avoided during the October 15 to April 15 trout spawning
period to avoid adverse effects of sediment on eggs and larvae, where applicable.
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.

Clay County:
Page 4 of6
July 25, 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 along the const~uction 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, si.lky
dogwood, silky willow and black willow can be planted as live stakes collected dunng
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

Clay County:
Page 5 of6
July 25, 2005

seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.

14.lf pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

15. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 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.)

17. Deed Notifications

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

18. Turbidity Standard

The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

19. No Sediment and Erosion Control Measures in Wetlands

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

Clay County:
Page 6 of6
July 25,2005

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,.

~q C. I 61l~J~

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

AWKlkhb

Enclosures: GC 3367
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: Jason Wheatley, District Conservationist
NRCS - Clay County
Post Office Box 57
Hayesville, NC 28904
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1297 .EWP. ClayCounty.ShootingCreek.Approval

Triage Check List

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Date: 07/15/05

Project Name: Shooting Creek EWP - Clifford Parton
DWQ #:05-1297
County: Clay

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 7/6/05 to 9/4/05

From: Cyndi Karoly Telephone: [phone]

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

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

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!

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Office Use Only:

Form Version May 2002
20051297

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or ''N/A''.)

I. Processing

1. Check all of the approval(s) requested for this project:
I2J Section 404 Permit 0
o Section 10 Permit 0
I2J 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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: 0

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: 0

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: 0

ll.

Applicant Information

1. Owner/Applicant Information
Name: Clifford Parton
Mailing Address: 99 Geiskv Creek Road
Havesville. NC 28904

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1111 () 6 2005

DENR - WATER QUALITY
W9lA~DS AND 3ffiR11t(iATER llKAM;H

Telephone Number:
E-mail Address:

Fax Number:

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: Jason Wheatley. District Conservationist
Company Mfiliation: NRCS - Clay County
Mailing Address: PO Box 57
Hayesville. NC 28904

Telephone Number: 828-389-9695
E-mail Address:

Fax Number: 828-389-0262

Page 5 of 13

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defmed. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II 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 fmal 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: Shooting Creek Emergenqy Watershed Protection - Clifford Parton
Property

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

3. Property Identification Number (Tax PIN):

549900869214

4. Location
County: Clay Nearest Town: Havesville. NC
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): (see attached vicinity map)

5. Site coordinates, if available (UTM or LatJLong): 035001 '19.96"N 083040'54.19"W
(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): Approximately 2 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Shooting Creek

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

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See attached Stabilization Plan and Summary

Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: See
attached Stabilization Plan and Summary for project description. Equivment will include
one excavator with hydraulic thumb and one dump truck

11. Explain the purpose of the proposed work: Stabilize eroding streambanks resulting from
heavy rains in late 2004 along Shooting Creek. reduce overall sedimentation. and enhance
aquatic habitats.

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 ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules.
Not avplicable

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.
Not applicable

VI. Proposed Impacts to Waters or the United StateslWaters or 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.

Page 7 of 13

1. Provide a written description of the proposed impacts: Temoorary impacts will result from
the construction and installation of rock structures and rootwad revetments. The structures
and revetments will ultimately enhance the overall condition of Shooting Creek in
accordance with the conditions orior to the floods of/ate 2004.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact. Impact toO-year Floodplain.. Nearest Stream Type of Wetland...
(indicate on map) (acres) (yes/no) (linear feet)
I:

· 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 dwns, separately list impacts due to both structure and flooding.
.. toO-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 htto://www.fema,gov.
... List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

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

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

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact. Impact Stream Name.. of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
\ Shooting Creek Temporary <500 Shooting Creek 50 feet Perennial

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, 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.lISgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wWW.tooolone.com.
www.mapQllest.com. etc.).

Cumulative impacts (linear distance in feet) to all streams on site: less than 500 feet (one
side)

Page 8 of 13

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 Area of Name ofWaterbody Type ofWaterbody
Site Number Type of Impact. Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

* List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): not applicable

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): not applicable

Size of watershed draining to pond: n/a

Expected pond surface area: n/a

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Stream stabilization will only be conducted in areas exhibiting active erosion. This work is
bein1! conducted under the Natural Resources Conservation Service fNRCS) f!1"ant for
Emergency Watershed Protection (EWP) and will be constructed according to the rules set forth
in the grant. Minor channel work is anticipated to restore the site to pre-flood conditions. Rock
structures and revetments (where feasible) will be constructed to divert shear stresses away from
the adjacent streambanks to allow for newly planted vegetation to become properly established
Construction will be conducted during low flow events. Any rises or increases in flows will
reQuire that equipment exit the channel. Streambanks disturbed via stabilization activities will
be seeded and covered immediately.

Page 9 of 13

VIII. Mitigation

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

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc. us/ncwetlands/stnngide .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 off site), 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.
Not aoolicable

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wro/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): n/a

Page 10 of 13

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

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes [8J No 0

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
. Yes 0 No [8J

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fmal approval letter.
Yes 0 No 0

X. Proposed Impacts on Riparian and Watershed ButTers (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 2B .0250 (Randleman Rilles and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No [8J If you answered "yes", provide the following information:

Page 11 of 13

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone. Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

· Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Not applicable

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.
Imoervious acreage is limited to the existini! residence on site. Stormwater controls will include
the aoplication of coir fiber (excelsior) matting. seeding and olanting along all slopinl! and/or
disturbed areas. Geotextile fabric will also be placed along the upstream side of each rock
structure.

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.
Not applicable

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Ru1es (15A NCAC 2H .0500) or any Buffer Ru1es?
Yes 0 No [8J

Is this an after-the-fact permit application?
Yes 0 No [8J

XIV. Other Circumstances (Optional):

Page 12 of 13

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Proposed construction is planned durin$! Julv and AUflUst 2005. The deadline for these activities
is September 1.2005. according to the NRCS.

~ u:- P(U~ '-J6~llJ()s-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 13 of 13

Shooting Creek - Parton Site
Clay County, NC .

~$@&llW&@

IJUL 0 6 2005
DJNR - WAY
WEnANos AND sT~~9UAl/TY
I .",rr'ATER BRANcH

I

DESIGN SUMMARY

Emergency Watershed Protection
and Rehabilitatio~ Project I

Prepared for:

Clay County
55 Riverside Circle
Hayesville, NC 28904

June 3, 2005

Prepared by

*-MULKEY

ENI3INr::E~S ,. CONSULTANTS

I'
"

1.0 INTRODUCTION

This emergency watershed protection and rehabilitation plan addresses proposed channel
improvements to Shooting Creek in Clay County, North Carolina. The plan is being
completed in conjunction with an Emergency Watershed Protection (EWP) grant provided
by the Natural Resources Conservation Service for the Shooting Creek watershed. The
project area covers approximately 500 linear feet of Shooting Creek on the Parton property.
Specifically, the project area is situated south of US 64 and immediately east of the Giesky
Creek Connector Road, approximately eight miles east of Hayesville, NC (see attached
vicinity map). Landuse throughout the study area is predominately rural.

Mulkey Engineers and Consultants (Mulkey) was retained by Clay County to design and
oversee the implementation of emergency stabilization techniques using natural channel
design methodologies. Implementation is planned for July and August 2005.

Shooting Creek is located within the
Hiwassee River Basin in western North
Carolina. It is part of USGS Basin 0600002
and Subbasin 04-05-01. The Shooting Creek
watershed originates along the southeastern
face of Chunky Gal Mountain near the
Clay IMacon County Line and flows in a
westerly direction approximately six miles
before emptying into Chatuge Lake.
According to the NC Division of Water
Quality (NCDWQ, 2002), water quality in
this subbasin is Good. The headwaters of
Shooting Creek are within the Nantahala National Forest and are somewhat undisturbed,
due to slope constraints. However, once the slopes begin to decrease, disturbance begins to
become evident. Most of the disturbances are the result of development and agricultural
practices, which have negatively affected the stream system. The minimal riparian zones
throughout these areas have also added to an increase in sedimentation. According to
NCDWQ, sedimentation in Shooting Creek was noted in the 1997 basin plan. Although the
stream received a Good classification in 1999, DWQ biologists noted excessive
sedimentation in the pools and severe bank erosion. The Shooting Creek arm of the lake is
almost completely full of sediment (NCDWQ, 2002). Recent flooding attributed to the
heavy rain events encountered during the fall of 2004 has only exacerbated the overall
problems.

2.0 OBJECTIVE

The objective of this project is to reduce erosion and sedimentation originating through this
reach and improve the overall habitat values. This objective \vill be met by establishment of
rock structures (referred to as vanes) within noted problem areas to divert the shear stresses
away from the eroding streambanks. This project is being funded and implemented as
Emergency Watershed Protection and Rehabilitation (EWP) through a grant from the
Natural Resources Conservation Service (NRCS). Natural channel design methodologies

will be implemented to maximum extent practicable to ensure the channel dimension,
pattern, and profile remain consistent and the reach does not continue to aggrade or
degrade. Based on the available funding, this project does not provide the amount or degree
of detail normally witnessed with a typical stream restoration or enhancement project. Its
primary goal is to return the existing stream c:hannel to its condition prior to the floods of
late 2004. Additional protection measures are provided to ensure overall bank stability;
however, they are somewhat limited due to available funds.

3.0 EXISTING CONDITIONS

Overall, Shooting Creek appears moderately
unstable through this reach. Vertical, eroding
banks exist along both sides of the channel at
several locations. Active scouring was
evident throughout most of these areas.
These areas are primarily restricted to the
outsides of meander bends, both upstream
and downstream of debris, and near control
(or niche) points consisting of either large
boulders or bedrock. Bankfull indicators
were difficult to recognize in these areas,
relating to the overall instability of the
channel at these locations. In addition, center bars were noted, further attributing to
excessive bank erosion along either side of the channel.

Based on the surveys, Shooting Creek is characteristic of a "C4" stream type. According to
the morphological description presented in Applied Fluvial Geomorphology (Rosgen, 1996), C4
stream types are slightly entrenched, meandering, riffle/pool, gravel-dominated channels
with well developed floodplains. C4 channels exhibit gentle gradients of less than 2%,
display high width I depth ratios, and are slightly more sinuous and have higher meander
width ratios than the C1, C2 and C3 stream types. The riffle/pool sequence generally
averages between 5 and 7 bankfull channel widths; however, past channel alterations have
caused degradation, bank instability and consequently, the pools to fill with sediment. This
channel type is susceptible to accelerated bank erosion depending on the absence of riparian
vegetation.

4.0 DESIGN RECOMMENDATIONS

Based on the existing condition surveys and interpretation of the data, this reach of Shooting
Creek appears to be relatively unstable with minor degradation in several areas. The
presence of center bars and lateral bars indicate aggradation. Aggradation processes are
associated with the following channel adjustments: increase in width I depth ratio; increase in
sediment storage; increase in bank erosion rates; decrease in pool quality and other fishery
habitat features; increase in the loss of riparian land and associated sediment availability from
bank erosion and lateral migration; and increase in over-bank flooding. Most of these
processes were observed along the approximately 500 linear-foot reach. Mulkey proposes
the following recommendations for the emergency rehabilitation of Shooting Creek:

1. According to the NC Rural Mountain Regional Curves (NCSRI, 2005) and a known
drainage area of approximately 22.9 square miles, the bankfull cross sectional area
should average approximately 181.8 square feet along the riffle sections of this
channel. The bankfull width and mean depth should average approximately 60.7 feet
and 2.9 feet, respectively. The bankfull discharge is estimated at approximately 1,088
cubic feet per second.
2. The contractor will begin by removing the debris along the upstream portion of the
project area. This debris will be stockpiled and used for aquatic habitat once the
majority of channel work is completed.
3. Secondly, the contractor will begin repositioning the channel through the first
meanderbend by increasing the radius and decreasing the meanderlength. It is
unlikely that the channel will be completely restored to its pre-flood condition due to
the limited amount of fill available. However, the contractor will attempt to reduce
the adjacent bank slopes to ascertain additional material.
4. A rock vane will be constructed along the left streambank, facing downstream. This
vane will redirect flows away from the outside of the meanderbend while maintaining
the proper morphology along the channel. Geotextile fabric and excavated material
will be placed along the upstream edges of the structure to restrict fines and other
material from passing through any gaps between the boulders. Upon completion of
the structure, the adjacent streambanks will be graded, seeded and covered with
erosion control matting.
5. The contractor will follow the procedures identified in Step 3 to reposition the
channel through the next meanderbend.
6. A rock j-hook vane will be constructed in the second meanderbend along the right
streambank. Any debris will be placed downstream of the structure for aquatic
habitat. Once the structure has been constructed, the contractor will reshape and
redefine the right streambank. The j-hook structure will redirect the thalweg away
from the bank and help to maintain the existing pool situated at the end of the
project area. Geotextile fabric and excavated material will be placed along the
upstream edges of the structure without compromising the overall function of the
structure. Upon completion of the structure, the newly formed streambanks will be
graded, seeded and covered with erosion control matting.
7. The contractor will construct a rock cross vane approximately 80 feet upstream of
the bridge associated with the Giesky Creek Connector Road. This cross vane will
help to center the thalweg of the channel. The remaining center barsllateral bars in
the vicinity of the structure will be removed and the material will be placed along the
adjacent streambanks. The dimension of the channel will remain consistent with
Regional Curve data. Geotextile fabric and excavated material will be placed alongithe upstream edges of the structure without compromising the overall function of
the structure. Upon completion of the structure, the newly formed streambanks will
be graded, seeded and covered with erosion control matting.
8. Once construction activities have been completed, the contractor will seed all
disturbed areas. Bare-rooted and live-staked vegetation will be installed according to
the buffer guidelines presented with the grant.

5.0 DESIGN IMPLEMENTATION

Implementation will follow the design sequence listed on the plan sheet. The installation of
structures will proceed from upstream to downstream. As a result, shifts in the flows can be
addressed with the placement of structures downstream. The actual locations of the
structures may be adjusted, depending on site conditions. Implementation must take place
prior to September 1, 2005 and is anticipated to take approximately five total days.

6.0 REFERENCES

NC Division of Water Quality (NCDWQ), 2002. Hiwassee River Basinwide Water Quality
Plan, March 2002. http://h20_enr.state,nc.us/basimvide/hi\vassee/2002.

NC State University, College of Agriculture and Life Sciences, Department of Biological and
Agricultural Engineering, Cooperative Extension Service, NC Stream Restoration
Institute (NCSRI), 2005. Regional Curves - Rural NC Mountain Physiographic
Province. hup: Ilwww,bae.ncsu,edu/programs/extension/wqg/sri/.

Rosgen, D.L., 1996. Applied River Morphology. Wildland Hydrology, Inc., Pagosa Springs,
CO.

MULKEY

~~ :"'~ G ; J< ~ ::::~ ;;,~} 5-; C G r; S U L T .1.'; r.! T S--

Prepared For:

Clay
County

PROJECT VICINITY
Shooting Creek EWP Project
Parton Site
Clay County. North Carolina

t

1;24,000

~ ~ Feet
o 750 1,500 3,000 4,500 6,000

USGS 7.5- Minute Topographic Quadrangles:Shooting Creek & Macedonia
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'[Fwd: [Fwd: [Fwd: STream Clearing Activities])]

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

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

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

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

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

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

-------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <robin.w.smith{cl}ncmail.net>
Organization:NC DENR
To:Alan Klimek <Alan.Klimek(c~ncmail.net>, Jim Simons <Jim.Simons{cl}ncmai1.net>,
David Vogel <David. V ogel{cl}ncmai1.net>
CC:Johanna Reese <Johanna.Reese{cl}ncmail.net>, Nann Guthrie
<N ann. Guthrie{cl}ncmail. net>

;-

''''~it..~''
~il: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday, We will hand-deliver a memo containing the same
basic information to the mountain area legislators tomorrow, We are
also working with the Governor's Office on a news release; I am not sure
how soon that will go out. Give me a call if you have any questions,
Thanks for working toward getting meetings set up, Robin.

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

,

Robin W. Smith <robin.w.smith(a),l1cmail.net> '
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR

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I: Stream-Clearing Activities- 3.dOC: : Content-Type: app licationlmsword 11
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L; ur ~

3/17/2005 6:46 All

f

February 25,2005
Page I of2

!

February 25, 2005

RE: Emergency Watershed Protection Stream-Clearing Projects

Dear

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

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

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

,

February 25, 2005
Page 2 of2

control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP permit s requested by SepteI)1ber 1,2005.

I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. Ifwe can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a' primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information. sheet also provides contact information for D ENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.

Sincerely,

William G. Ross, Jr.