20051487 Ver 1_Complete File_20050803 (2)

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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

August22,2005

DWQ Project # 05-1487
Swain County

Kevin King, County Manager
Swain County
Post Office Box 2321
Bryson City, NC 28713

m~@~D\YJ~@

AUG 3 1 2005

Subject Property: Williams I Reynolds Site

Approval of 401 Water Quality Certification with Additional condit~~~~1~~~~~I~~CH

Dear Mr. King:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 100 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 22, 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. If you change
your project beyond that 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:

NiSlthCarolina
/vllt/lrn//!/

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 919-733-i3893/lntemet http://h2oenr.st:Jte.nc.lIsincwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Rec"jdedJ1 0% Post Consumer Paper

Swain County:
Page 2 of6
August 22, 2005

.'(

1. Impacts Approved

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

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.

.

Swain County:
Page 3 of6
August 22, 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 be
avoided during the January 1 to April 15 rainbow 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.

8. All structures (berms, levees, etc...) preventing stream access to its floodplain shall
be removed.

Swain County:
Page4of6
August 22, 2005

,

9. 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.

10. 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.

11. 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.

12, 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.

13. 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.

14. Disturbed stream banks and a 25-foot vegetated zone should be restored along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood.. rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season, Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted

1

Swain County:
Page 5 of6
August 22, 2005

on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.

15.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.

16. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. 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.

17. Riparian Zone Replanting

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

18. Deed Notifications

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

19. 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.

20. 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.

Swain County:
Page 6 of6
August 22, 2005

,

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office .of Administrative Hearings, 6714 Mail SeNice 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,

;?u~la~~~.E.~~r~;t ~eJ

10(0 Division of Water Quality

AWKlkhb

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

cc: Ken Futreal, Southwestern NC R & D Council
367 Dellwood Road
Building E, Suite 3
Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ 401 Unit - Central Office
DLR Asheville Regional Office
File Copy .
Central Files

Filename: 05-1487. EWP. ConleysCreek.Approval

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Triage Check List

Date: 08/8/05

Project Name: Williams/Reynolds Site
DWQ #:05-1487
County: Swain

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 8/3/05 to 10/1/05

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
Wetland determination and distance to blue-line surface waters on USFW topo maps
o 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
o Is the application consistent with pre-application meetings?
Cumulati ve 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 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!

0-.-f_ LL1~_~ ~

~~

Office Use Only:

Form Version March 05

USACE Action ID No. D\VQ 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 tlns project:
~ Section 404 Permit D Riparian or Watershed Buffer Rules
o Section 10 Pernnt D Isolated Wetland Pennit from DWQ
~ 401 Water Quality Certification 0 Express 401 Water Quality Certification

2. Nationwide, Regional or General Pennit Number(s) Requested: Nationwide 37

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not rcquired, check hcre: 0

4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check hcre: 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 Conccrn (sce thc top of page 2 for further details), chcck here: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Swain County, Kevin King, County Manager
Mailing Addrcss: P. O. Box Drawer A
Bryson City, N.C. 28713

Telephone Number: 828.488.9273 Fax Number:
E-mail Address: [e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must bc attached ifthc Agent has signatory authority for the owner/applicant.)
Namc: Kcnneth R. Futreal
Company Affiliation: Southwestern NC RC&D Council
Mailing Address: 367 Dellwood Road
Building E, Suite 3
P.O. Box 1230
WaynesvilIe, N.C. 28786
Telephone Number: 828.400.3279 Fax Number: 828.452.0829
E-mail Addrcss:[e-mail]

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 Topograph.ic 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 11 by 17-inch format;
however, DWQ may accept paperwork of any size, DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the fInal version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1, Name of project: Swain County Emergency Watershed Protection Program

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

3. Property IdentifIcation Number (Tax PIN): see attached sheet

4. Location
County: Swain Nearest Town: Whittier, N.C.
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Approximate 1.0 mile
Upstream from the confluence ofConleys Creek and the Tuckasegee River on Conleys
Creek Road.

5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody,)
Decimal Degrees (6 digits minimum): 035.25139 ON 083.22137 oW

6. Property size (acres):

7. Name of nearest receiving body of water: Tuckasegee River

8. River Basin: Tennessee
(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/mailliL.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The left bank is eroding and the area is residential and rural

Page 6 of 12

10. Describe the overall project "in detail, including the type of equipment to be used:
Slope the bank, place large rocks along the toe of the slope and vegetate the sloped bank.
Track hoe will be used and all work will be preformed from the bank.

11. Explain the purpose of the proposed work: The stream bank repair and stabilization is
Urgent and compelling under the Natural Resources Conservation Services (NRCS)
Emergency Watershed Protection (EWP) Program to protect existing property & structures.

IV. Prior Project History

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

V. Future Project Plans

Are any future permit requests anticipated for tIus project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

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

It is the applicant's ( or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each in1pact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts:

Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
I li' d bid fl d'

separatelY st unpacts ue to ot 1 structure an 00 mg.
Wetland Impact Type of Wetland Located within Distance to Area of
I DO-year Nearest Impact
Site Number Type ofImpact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Total Wetland Impact (acres)

3. List the total acreage (estimated) of all existing wetlands on the property:

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but arc not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
b . I d d T I ul I . I I h X 'd I h d"d b 3 560

must e mc u e . o ca c ate acreage, mu tJply engt WI t 1, t en IVI e JY 4 ,
Stream Impact Perennial or Average 1m pact Area of
Number Stream Name Type ofImpact Intermittent? Stream Width Length 1m pact
(indicate on map) Before Impact (linear feet) (acres)
I Conleys Creek Shape bank & toe Perennial 10 100 0.1
Stabilization
Total Stream Impact (by length and acreage)

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but arc not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.

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

Page 8 of 12

6. List th

e cumulative impact to all Waters of the U. . resu tmg om t Ie project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):

S

I' fr

7. Isolated Waters
Do any isolated waters exist on the property? 0 Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.

8. Pond Creation
If construction of a pond is proposcd, 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): 0 uplands 0 stream 0 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.):
Current land use in the vicinity of the pond:
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.
The eroding stream bank needs repairing to prevent sediment being transported to critical
Habitat of endangered species. Access will be on private property an all work will be preformed
From the bank.

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 greatcr 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, publishcd in the Federal Register on January 15, 2002, nlitigation will be required when
neccssary to cnsure that advcrse cfiects to the aquatic environment arc minimal. Factors
including size and type of proposed impact and function and relative value of thc inlpacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
nlitigation as proposed. Examplcs of nlitigation that may be appropriate and practicablc include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect opcn waters such as streams; and rcplacing losses of
aquatic resource functions and valucs by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If nlitigation is required for this project, a copy of the nlitigation plan must be attached in order
for USACE or DWQ to consider thc application complete for processing. ArIy application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
ArI 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
I1ttp://I1'2o.en!' state. nc .1Is/ncwet land s/ st rmuide. I1tml.

1. Provide a brief description of the proposed nlitigation 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), affectcd stream and river basin, type and amount (acrcage/linear feet)
of mitigation proposcd (rcstoration, enhancement, creation, or preservation), a plan view,
preservation mcchanism (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.

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to detcmline availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this foml. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://I1'2o.en!'state.nc.lIs/wrp/index. I1tm. If use of the NCEEP is proposed, please
check the appropriate box on pagc tive and provide the following information:

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

Page 10 of 12

IX. Environmental Documentation (required by DWQ)

I. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes 1XI No 0

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

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

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

It is the applicant's (or agent's) rcsponsibility to determine, delineate and map aU 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 buffcrs must be shown on a
map, whether or not impacts are proposcd to the buffers. Correspondence from the DWQ
Regional Office may be includcd as appropriate. Photographs may also be included at the
applicant's discretion.

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Parnlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identity )? Yes 0 No ~

2. If "yes", identifY the square feet and acreage of impact to each zone of the riparian buffers.
If bufTcr mitigation is required calculate the required amount of nlitigation by applying the
buffer multipliers.

Zone* Impact Multiplicr Rcquircd
(square fect) Mitigation
1 3 (2 for Catawba)
2 1.5
Total

* Zone 1 extends out 30 feet perpendicular Irom the top of the near bank of channel; Zone 2 extends an
additional 20 teet from the edge of Zone I.

3. If buffer nlitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.

Page 11 of 12

XI. Stormwater (required by D\VQ)

Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposcd impervious level.
N/A

XII. Sewagc Disposal (required by DWQ)

Clearly detail the ultinlate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A

XIII. Violations (required by D\VQ)

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

Is this an after-the- fact permit application? Yes 0

No [XJ

XIV. Cumulativc Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstreanl water quality? Yes 0 No JKl
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordancc with
the most rccent North Carolina Division of Watcr Quality policy posted on our website at
http://h2o.enr.state.nc.lIs/ncwetlands. Ifno, please provide a short narrative description:

XV. 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, datcs associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Due to Federal Regulations regarding the usc ofEWP funding, construction of all work must
Be under construction b Se tember of2005.

~'\ <;-

pplieant/Agent's Signaturc Datc
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

. r

Property PIN

669300864602

669300778000

Name & Address

Ammons, Billy Wayne
P.O. Box 625
Bryson City, N.C. 28713

Williamsom, Ollie Life Estate
Parris, Barbara Williamson
21 Camp Branch Rd.
Whittier, N.C. 28789

--

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50 W

Name: WHITTIER
Date: 12/16/2004
Scale: 1 inch equals 2000 feet

Location: 035025' 18.3" N 083022' 15.5" W
Caption: Waypoint 383
Angie Reynolds
Streambank damage Conley Creek

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Board of Commissioners
Glenn Jones, Chair
Genevieve Lindsay, Vice-Chair
David Monteith, Member
David Anthony, Member
Jeff Waldroup, Member

County Manager
Kevin S. King

Swain Coun-ry

101 MitcfuCC Street
P.O. Box 2321
Bryson. City) NC 28713

Telephone: [phone]
[phone]
Fax: [phone]
[e-mail]

Mr. Scott 1'vlcLendon
Asheville Rcgulatory Ficld Office Chief
Asheville Regulatory Field Office
US Arn1Y Corps ofEnginccrs
151 Patton Avenue
Room 208
Asheville, N.C. 28801-5006

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1'vls. Cyndi Karoly, Supervisor
401 Ovcrsight and Exprcss Pennits Unit
2321 Crabtree Boulevard
Mail Scrvice Ccntcr
Raleigh, N. C. 27699-1650

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R.E.: 404/401 Pcrmit Application for Swain County

Dear Mr. McLcndon and Ms. Karoly:

Attachcd please find the subject applications for EWP sitcs in Swain County (Conleys Creek, three (3)
sites). The inforn1ation included with these applications has been developed in cooperation with the
Natural Rcsource Conservation Service (NRCS), the Swain County Soil and Water Conscrvation District,
and the North Carolina Dcpartmcnt of EnvirOlill1cnt and Natural Rcsources. This is Swain County's
submission for critical EWP sitcs on Conleys Crcck a tributary of the Tuckascgce Rivcr there are no
Threaten or Endangered Specics located in the areas of the proposed works of improvement in Conleys
Creek.

Weare looking forward to being able to proceed with this work. Please let me, or our coordinator, Kenncth
R. Futrcal (828.400.3279), know of any issucs of considcration that we need to make to secure approval for
this planned work. Wc are submitting a copy ofthc proposal directly to DWQ's Rcgiona1401 Office (1'"Ir.
Kcvin Barnett) in Ashevillc, N.C. In addition, since the Statc of North Carolina has "waived" fecs for thesc
EWP 401 's, wc have not included any pcrnllt fees.
Thank you for your attcntion to thcse applications. We are looking forward to timely rcgulatory action and
approval of these repair plans, so this work can be accomplishcd.

Sincerely,

.~/
l-. '1/(
~ring

Swain County l'vlanagcr

Enclosures
cc: Kevin Barnett / with cnclosurcs
cc: Kenneth Futrcal