20051367 Ver 1_Complete File_20050718

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Michael F. Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

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

September 6, 2005

DWQ Project # 05-1367
Rutherford County

Harold Medford
926 Nanneytown Road
Union Mills, NC 28167

Subject Property: Medford Property
Streambank Stabilization

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Medford:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 700 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 26, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3495 (3495). 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 stormwate.r regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose that you described in your application. If you change
your project beyond the 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~rthCarolina
;'Vlllllmll!/

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2o.enr.st3Ie.ncus/ncwetl<Jnds

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper

Harold Medford
Page 2 of6 ,f
September 6, 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

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.

,

Harold Mcdford
Pagc 3 of6
Septcmber 6, 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, should this
stream designation exist, should be avoided during the October 15 to April 15 trout
spawning period to avoid adverse effects of sediment on eggs and larvae. However,
Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service "urgent and compelling" sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
(1) using flow diversion structures such as sand bags, (2) placing large-sized rock
toes and filter cloth backing for stabilization sites before backfilling, and (3)
excavating new channel alignments in dry areas. Construction at the other non-
"urgent and compelling" sites should not occur during the spawning period to
minimize the potential adverse effects of multiple construction activities on trout
resources in this creek.

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

Harold Medford
Page 4 of6 I
September 6, 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 f1owing-
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. 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.

\

Harold Medford
Page 5 of6
Septcmbcr 6, 2005

14. Deed Restriction

Deed restrictions 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.

15. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

15. 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.

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.

Harold Medford
Page 6 of6 I
September 6, 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,

I?~l c, ~d~-/~

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

AWKlkhb

Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1367.Medford.Cathey'sCreek.Approval

0'( W A r~1Y

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Michael F. Easley, Governor

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

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

September 6, 2005

DWQ Project # 05-1367
Rutherford County

Harold Medford
926 Nanneytown Road
Union Mills, NC 28167

m@@@llW~@

SEP 1 2 2005

Subject Property: Medford Property
Streambank Stabilization

\"ETG~7!~~ ;Xii~T~~" Q,UALlTY
Approval of 401 Water Quality Certification with Additional Conditions '", siC"''''\,\TERB;W:CH

Dear Mr. Medford:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 700 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 26,2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3495 (3495). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose that you described in your application. If you change
your project beyond the 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~~Caro]ina
IVIi/llral/lI

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]/lntcmct http://h2oenr.state.ncus/ncwetlands

An Equal Cpportun:ty/Affirmative Action Employcr- 50% Rccyclcd/10% Post Consumer Paper

Harold Medford
Page 2 of6
September 6, 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

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.

Harold Medford
Page 3 of6
September 6, 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, should this
stream designation exist, should be avoided during the October 15 to April 15 trout
spawning period to avoid adverse effects of sediment on eggs and larvae. However,
Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service "urgent and compelling" sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
(1) using flow diversion structures such as sand bags, (2) placing large-sized rock
toes and filter cloth backing for stabilization sites before backfilling, and (3)
excavating new channel alignments in dry areas. Construction at the other non-
"urgent and compelling" sites should not occur during the spawning period to
minimize the potential adverse effects of multiple construction activities on trout
resources in this creek.

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

Harold Medford
Page 4 of6
September 6, 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. 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.

Harold Medford
Page 5 of6
September 6, 2005

14. Deed Restriction

Decd restrictions or similar mechanisms shall bc placed on all retained jurisdictional
wetlands, waters and protective woody riparian zones in order to assure compliance for
future wetland, watcr 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.

15. 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.

15. 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.

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.

Harold Medford
Page 60f6
September 6, 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,

~~ (l.~k~l~

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

AWKlkhb

Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1367. Medford. Cathey'sCreek.Approval

Re: Tracking and Tardy Notice for all Regional Offices, 8/22/05

Subject: Re: Tracking and Tardy Notice for all Regional Offices, 8/22/05
From: Kevin Barnett <[e-mail]>
Date: Mon, 22 Aug 2005 15:39:04 -0400
To: Ian McMillan <[e-mail]>
CC: Roger Edwards <[e-mail]>

Ian:
FYI

**Asheville *
*_Tracking: _
*05-1310*, Henderson Co. EWP Green River Sites, Henderson Co, NW37
9/9/05
*05-1367*, Harold Medford, Rutherford Co, M~39 7/20/05 9/18/05

7/11/05

Issued

_Tardy:
*05-1072*, Waterstone c/o Westside Land & Timber Co., Henderson Co, NW39
7/6/05 9/3/05

Issued

Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

Kevin Barnett <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section

1 of 1

8/22/2005 3:42 PM

Triage Check List

Date: 07/22/05

Project Name: Harold Medford
DWQ #:05-1367
County: Rutherford

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 7/20/05 to 9/18/05

From: Cyndi Karoly Telephone: [phone]

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

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

For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules

This form is to be used for projects qualifYing for any of the U.S. Army Corps of Engineers' (USACE)-'
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Pennit application form is available online at
http://www.saw.usace.army.mil/wetlandslPennapp.htm.

The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/index.htm. or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation ofwetIands and waters ofthe U.S.

The DWQ issues a corresponding Certification (General or Individual). and carmot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].

Trout Waters Coordination - Special coordination with th~ North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.

Page I of12

-
, .,

~ '; I j..(' ."1 "'-'~
-,. j

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Anny permit. The addresses for
both agencies are listed on page 3 ofthis application.

USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.anny.mil/wetlands/nwpfinaIFedReg.pdE Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.

401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401lWetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h20.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 40 I Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested infonnation, or denial.

Page 2 of 12

...

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood. McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton A venue Ashe Cherokee Iredell Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
AshevilIe, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabanus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Frankl in Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans .Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland

North Carolina State Agencies

Division of Water Quality
40 I Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (9 I 9) 733-1786
Fax: [phone]

Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617 _
Telephone: [phone]
Fax: [phone]

US Fish and \Vildlife Service I Nationall\Iarinc Fisheries Service

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Tdephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 2880 I
Telephone: [phone]

National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]

Page 3 of 12

Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]

Western Piedmont Region Coordinator
3855 ldlewild Road
Kemersville, NC 27284-9180
Telephone: [phone]

Mountain Region Coordinator
20830 Great Smoky Mtn, Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]

CAMA and NC Coastal Counties

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NCWRC and NC Trout Counties

AUeghany
Ashe
Avery
Burke

Buncombe
Cherokee
Clay
Graham
Haywood

CaldwelJ
Mitchell
Stokes
Suny

Henderson
Jackson
Macon
Madison
McDowell

Hertford
Hyde
New Hanover
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yancey

,
I

Pasquotank
Pender
Perquimans
Tyrrell
Washington

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.

Page 4 of 12

... .

Office Use Only:

Form Version May 2002

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:
~ Section 404 Permit 0
o Section 10 Permit 0
1XJ 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested:

3/f

3. [fthis 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

I. Owner/Applicant Informatio
Name:
Mailing Address:

mff1@[f1U\Ylfg@

JUL 2 0 2005

II.

Applicant Information

Telephone Number:9..2.8-.zBh' - 9CJ 9fJ
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 ignatory authority for the owner/applicant.)
Name: C

Co~pany Affiliation: ~ ~M~~~ ~~.
MUllIng Address: __ _e___~ ~_ r
2~13q

Telephone NumberB2f3 - 281- t/22D- 13 Fax Number: ~6 9 - ~O {~
E-mail Address: .

Page 5 of 12

. ..,

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name ofproject:JMRo L D (YleDro R U - A Q, G P - ~ntJtRf1 C T':tt. f11.-o S".- 801-01

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

3. Property Identification Number (Tax PIN): \ Co \ \ \ L\- to

4. Locationv - --- " ~ _ --,...- ~ J
County:-f\tJt:h::.R '-0 R U Nearest Town: K"u 1 tt.eRroRO l rn
Subdivision name (include phase/lot number): IJ /14.
Directions to site (include road numbers, landmarks, etc.): IlJ f\H LtS Ai 011/ :2;2/
TI rJANII~UJt1J. 1f!' o,..} Le P, - ,2 r:: J LE cuJ (<,'0, If T J1T
~J.[trR~e=C t'otV 0_ ./Io/2NC. fir/II )(--L

I If 0 ' _ J ,
5. Site coordinates, if available (UTM or LatlLong): '3 r c2(p .tiel q f<f If? 32.~
(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):_1 ~ .l,.

7. Nearest body of water (streamlriverlsoundloceanllake ):(! 11TH E ~ IS Ci?E.E I<

8, River Basin: s: GCo ;I D gR 0 A b
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

Page6ofL2

IV.

If jurisdictional determinations and/or pcnnits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Alh N e.
w v

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.
tV 0 l\Je /JNT,' C fJ. j) III t: ,e

VI. Proposed Impacts to 'Vaters of the United StateslWaters ofthe 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 arc 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 nceded for
listing or description, please attach a separate sheet.

Page7ofl2

1. Provide a written description of the proposed impacts"7ft-e CoNS.T~l<.GTioiJ W; (I
13E :rn~ E FRo f\{ TlfE glZe,lf/l( BAN~, {:taG} N to OFC,70tVCS
w: It f-IA v~ 111; 11\ iMVdL i f'rt fA GT ON TIfE Seo) IYlEN! I (J~ ()
'IN I#-ffi :;r1ZE.4 ^". tlL.l. ?eRm> T j..,;: If 13e: )/J PLIGG. REfO/2C
THE Ollff/l./H:.r /s !J.WA/ZlJeO,
2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact'" Impact 1 DO-year Floodplain "'.. Nearest Stream Type ofWetland**'"
(indicate on map) (acres) (yeslno) (linear feet)
NtJNE

* List each impact separately and identifY temporary impacts, Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fcma.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if well and is isolated (determination of isolation to be made by USACE only).

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

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

Stream Impact
Site Number
indicate on ma

Type of Impact'"

Stream Name"""

Average Width
of Stream
Before 1m act

/ ("'

N~'L

IS'

* List each impact separately and identify temporary impacts. rmpacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and /looding), relocation (include linear feet before and atter, and net loss/gai n),
stabilization activities (ccment wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. rf stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included,
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uSgs.gov.SeveralinternetsitesalsoallowdirectdownloadandprintingofUSGSmaps(e.DVW.topozone.com.
www.mapquest.com. ctc.). ...............,"'-" ,

Cumulative impacts (linear distance in feet) to all streams on site:

Page8ofl2

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 of Water body Type of Water body
Site Number Type of Impact. Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean etc.)
NoNe

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

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream' D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

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.
..-. - ~ I.J EG 12 es. : /I IU ~ E.
C; If '~ ; u
\)F./2..y Li 771 e So; L fr\o VEmEN? W: (/

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by thc NC
Division of Watcr 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.

Page 9 of 12

. .

"
...

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

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
h Up:/ /h20. enr, state.nc. us/ncwetl ands/ strm ?:ide. h tm I.

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 offsitc), affccted 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 ifmore space is needed.
NO f'vJ,'ri C:,4rioN PLANNED

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/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested {square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

PagelOofl2

-.

IX. Environmental Documcntation (rcquircd by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes OCI 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 NSEP A)?
Note: If you are not sure whether a NEPNSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No 5a

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy ofthe NEP A or SEP A final approval letter.
Yes D No 0

X. Proposcd Impacts on Riparian and Watershed Buffers (required by D\VQ)

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 28 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identifY )?
Yes 0 No D If you answered "yes", provide the following information:

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

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

'"

Zone I extcnds out 30 fcet perpendicular from near bank of channel; Zone 2 extends an
additional 20 fcct from the cdge of Zone I,

Page 11 of 12

.-

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the si te.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
~wnstream from thr property. ':)
t'ES~DlZl4riotJ oP -rifE f;tf2L.rin(f2:,IJN/(S 77.J rj2E - STaR-hi
LoC~r/~N VJ:l/ De.CJ2EJ1,E; ,He K,L1nJDrr /?;1cJ( IN7?J T1f~ s7'72&4111

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) qf
wastewater generated from the proposed project, or available capacity of the subject facility.
NO '\JJA<;~ vJtJTER (oE-Npt24TFD

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No 00

Is this an after-the-fact permit application?
Yes 0 No IRI

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened,S.pecies, accessibility problems, or other issues outside of the aplilicant's co trol).
,. Y4 oJ EL' k; 1.1..- I f1
E-o.. ,.) .1=J I - N ) .
of APPRomL 0/1) 7/1; \ 7~1?G" /5' JZlo
Ou7S/tJE pao8Le::/llE Lu ;/1/

lEi(
orJ

Dd/h~ ~~ fjJ CrJ jl,f04( je;",. i~ 1-0 r

App 'cant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

, .

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Harold Medford Farm
Rutherford County, North Carolina
Stream Repair

U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE

Date

Dealgned Appmved By
TIIlo
Drawn
1ltle
Traced Sheet No. OnIw1ng Frio Nom.:
Ch_ Medford
01

United States Department of Agriculture

Waynesville Area Office (NC Area 1)
589 Raccoon Road, Suite 246
Waynesville NC 28786 [phone] Ex!. 5

USDA
~-..

,^ N ReS Natural Resources
~ Conservation Service

Subject: Harold Medford Design
Rutherford County Contract
Harold Medford, Contract #81-05-801-01

Date: June 20, 2005

To: Albert Moore
DC, Rutherford County

Attached is the design for the stream bank protection on the Harold Medford property in Rutherford County. Ron
Morris assisted with the data collection and drawing of this project.

Cathey's Creek in this area has a drainage area of 2.8 square miles. The stream type observed is a "C4". The
stream has an average water surface slope of 0.005 tUft with an estimated discharge of 180 cfs. Streams of this
type are meandering streams with pools located in the outside bends and riffle sections between the pools.

The stream bank erosion problems observed at this site are the result of several factors. The lack of riparian
vegetation including deep rooted hardwoods has enabled the stream to exhibit downstream meander migration.
However, there are a series of "head cuts" that are working their way upstream that are causing the majority of the
instability. These head cuts have increased the low bank height ratio and have increased near bank stress and
bank erodibility in this section of stream. The head cuts appear to have been initiated by the straightening of the
stream immediately below Mr. Medford's property. This straightened section of stream is now unstable and is
causing negative impacts upstream. We have recommended a cross vane near the property line to act as a niche
point to reduce further upstream damage. The series of instream structures proposed should reduce near bank
stress and provide an opportunity for riparian vegetation to be established. A bankfull bench will be constructed
along reaches to reduce the low bank height ratio. It is imperative that a wooded riparian area be established to
ensure long term stability of the site.

If you have questions regarding this contract please call me at the Area Office in Waynesville

Alan Walker
USDA-NRCS
Resource Conservationist
Waynesville, NC

Cc: Donald Morrison
Howard Tew
Ron Morris

The Natural Resources Conservation Service works in partnership with the Amencan people
to conserve and sustain natural resources on private lands.

An Equal Opportunity Employer

New Bank
Fill ONLY
to Bankfull
Elevation

Riparian Zone
Silky Dogwood
Silky Willows
min. 2 rows
10' )( 10' spacing
Hardwoods

-

........

........

"

-

\

\
\

Remove old cross fenc~ \

Additional J-Hook
may be required at this
location. Will be determined
during construction

Scale 1" = 60'

· 18.2' ....

;df

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'c. .... Location Map
Not To Scale

3

-

Additional J-Hook
may be required at this
location. Will be determined
during construction

-

........

........

........

.......

-

-

-

........

........

-

-

-

-

Pool X-See

Scale 1" = 15'

~25.5'1
~6' ~

Riffle X-See

Harold Medford
Rutherford County, North Carolina
Stream Restoration
Site/Location Ma
U.S. DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE

Dati
Oulg...d MAW 06/05 Approw
Drown RAM m.
06/05
O.t
Tl2ced_

CONSTRUCTION SPECIFICATION

INSTREAM STRUCTURES CONSTRUCTED OF ROCK

1) SCOPE

This specification covers the installation of Rock Vanes, J-Hooks, and Cross Vanes at locations
as shown on the construction plans and as directed by the engineer.

2) PURPOSE

· Redirect erosive velocities away from streambanks
· Provide aquatic habitat
· Cross Vanes may be used for grade control

3) DEFINITIONS

ROCK VANE - A deflective Structure installed pointing upstream, beginning at bankfull sloping
down to the streambed. The angle at which the vane points upstream from the
bank shall be 20-30 degrees. The slope of the top surface of the vane will be 5-7
percent. The vane should extend from the bank to approximately 1/) of channel
width. (See fig. 1)

I-HOOK -

A rock vane with a hooked portion on the streambed. The hook provides
additional habitat. (See fig. 2) May included a sill (See fig. 3) which continues
across the stream bed from the hook portion of the structure, perpendicular to
the flow and follows the shape and elevation of the stream bed and stream bank
up to interberm or as directed by the engineer.

CROSS VANE - A rock vane from both sides of the stream with a connecting bar on the
streambed. If this structure is used for grade control, the existing streambed
elevation may be increased by no more than 10 percent ofbankfuIl, unless a
greater increase is provided for in the approved design. (See fig. 4)

ENGINEER - The USDA-NRCS and/or SWCD person(s) who have appropriate construction
approval authority for Practice Standard 580, Streambank and Shoreline
Protection for the specific size and type of structure.

STREAMBANK - portions of intermittent or perennial streambanks which are eroding at an
accelerated rate due to the effects of stream flow near banks without adequate
vegetative cover and supporting riparian area.

BANKFULL - The stream flow level at which the stream channel is formed and maintained.
The tenn "bankfull" should not be confused with "the top of the bank". Persons

USDA-NRCS
North Carolina

page 1 of6

Rock Structures
August 1999

who have received training in Natural Stream Channel evaluation shall identify
the bankfull elevation.

THAL WEG - The deepest part of the channel where the highest channel velocities occur.

4) PLANNING CONSIDERATIONS

This practice should be applied as a part of a total Natural Stream Channel Restoration design.
These structures are not intended to be a total solution to the streambank erosion problem in
themselves. They are to be used as a component of a total streambank management plan, which
may require a number of associated practices. In some cases modification of the stream
dimension, pattern and profile may be required before structures are installed. The use of rock
structures without considering the stable dimension, pattern, and profile of the stream will most
likely result in failure.

5) PERMITTING

No work, which is covered by this specification, shall be performed until the Anny Corp of
Engineers has issued a Section 404 permit and the Division of Water Quality has issued a
Section 401 certification (if required). The final construction plans and specifications must be
prepared and approved prior to the beginning of construction.

6) EQUIPMENT

· A hydraulic excavator (trackhoe) with a hydraulic "thumb" shall be used to handle and install
the rocks
· All required safety equipment shall be available during construction. Safety equipment
includes but is not limited to hard hats, gloves, and eye and hearing protection.

7) SUPERVISION

The engineer must be on-site to supervise and inspect each operation as it is performed. No
work, which is covered by this specification, shall be performed in the absence of the engineer
except as approved by the engineer. The work shall be conducted as directed by the engineer.
The engineer shall be notified a minimum of 24 hours before installation is performed.

8) INSTALLATION

· The engineer shall place a marker at the point where the last rock of the structure will meet
the streambed. This marker shall be set at a point, which represents the planned angle from
bankfull and the planned slope of the structure. The engineer should check to see if this point
is approximately 1/) of the total channel width.
· Holes for footer rocks shall be excavated in the streambed at the location, elevation and
orientation as directed by the engineer.

USDA-NRCS
North Carolina

page 2 of6

Rock Structures
August 1999

· A footer rock of the size and shape as directed by the engineer shall be installed in the hole.
Multiple footer rocks may be required, at the discretion of the engineer or as provided for in
the approved plan.
· A structure rock of the size and shape as directed by the engineer shall be installed on top of
the footer rock.
· Streambed material will be removed as directed by the engineer if it is required to move the
thalweg of the stream to the point of the structure.
· Streambed material shall be placed on the upstream side of the structure near the bank.
· Equipment shall be operated from the streambank whenever possible.
· Equipment which appears to be leaking fluids shall be removed to a safe site away from the
stream corridor until it is repaired and confIrmed that no leaks exist.

9) ASSOCIATED PRACTICES

· ROOT WADS and related instream structures planned as an integral component of the
natural stream channel restoration design.
· CRITICAL AREA SEEDING shall be applied on all disturbed areas.
· WOODY VEGETATION shall be established on the sloped bank above bankfull and on top
of the banl<.
· RIPARIAN FOREST BUFFER should be considered.
· LIVESTOCK EXCLUSION shall be installed iflivestock are pastured in the area.

10) FIGURES

Figures attached to this specification illustrate the placement and orientation of the various
instream rock structures which may be included in the plan. Figures are as follows:

Figure 1 - Rock Vane

Figure 2 - J Hook

Figure 3 - J Hook with sill

Figure 4 - Cross Vane

USDA-NRCS
North Carolina

page 3 of 6

Rock Structures
August 1999

l1)I~EMS OF ,YORK

Items of work to be performed in conformance with this specification and the construction
details therefore are:

a. Construct stream stabilization measures at the Harold Medford site on Catheys Creek in
Rutherford County at the locations as shown on the construction drawings and as directed by
the Engineer.

b. Ingress and egress of equipment and materials shall be only at locations and through routes
as approved by the Engineer.

c. Provide all equipment, tools, materials and labor required to install a minimum of 4 J
Hook(s) with Sill(s) which will require approximately 45 rocks for each structure,
approximately 2'x 2.5'x 3' or a minimum of 1700 lbs each rock.

d. Provide all equipment, tools, materials and labor required to install 4 Cross Vane(s) which
will require approximately 70 rocks, approximately 2'x 2.5'x 3' or a minimum of 1700 lbs
each rock

e. Remove all construction debris associated with installation of these structures to an approved
location.

USDA-NRCS
North Carolina

page 4 of6

Rock Structures
August 1999

Angle
(in degrees)

(

l

Rock Vane
Plan View

Angle
II (in degrees)
/ I
-tJ~,...)
~.
\
\' (

t

J Hook
Plan View

\
~

USDA-NRCS
North Carolina

~

\
\
'~

Slope
/(in percent)

-~~

Rock Vane
Cross Section

Figure 1
(after Rosgen)

Slope
(in percent)

~

J Hook
Cross Section

Figure 2
(after Rosgen)

page 5 of6

Rock Structures
August 1999

. .

Angle
(in degrees)

\
'\
~

J Hook with Sill
Plan View

Angle
(in degrees)

""

\.
"

'~

USDA-NRCS
North Carolina

Cross Vane
Plan View

Slope
/(in percent)

.~
J Hook with Sill
Cross Section

Figure 3
(after Rosgen)

Slope

~"l)

Cross Vane
Cross Section

Figure 4
(after Rosgen)

page 60f6

Rock Structures
August 1999