20051503 Ver 1_Complete File_20050805

;.

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

August 15, 2005

DWQ Project # 05-1503
McDowell County

Charles Abernathy, County Manager
McDowell County
60 East Court Street
Marion, NC 28752

Subject Property: Catawba River (EWP DSR 2005-15A)

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Abernathy:

You have our approval, in accordance with the attached conditions and those Iisteq
below, to place fill within or otherwise impact 350 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 May 18, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose (but not the design) that you described in you~
application. If you change your project beyond the approval here, you must notify us
and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any
additional conditions listed below. ;

The Additional Conditions of the Certification are:

101 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
!321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
'hone: 91g.733-1786/ FAX [phone]/lnternet: htlo:/Ih2o.enr.state. nc. us/ncwetlands

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McDowell County: i('
Page 2 of6
August 15,2005 (

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

Amount Plan Location or Reference
Approved (Units)
350 (feet) Catawba River

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual,
b, The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c, For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual,
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification, All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

"

McDowell County:
Page 3 of6
August 15,2005

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

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

McDowell County:
Page 4 of6
August 15, 2005

l'

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural
and more stable stream channel dimensions. Stream bed materials are unstable
in flowing-water situations and are unsuitable for bank stabilization. In stream
dredging has catastrophic effects on aquatic life and disturbance of the natural form
of the stream channel can cause downstream erosion problems. The natural
dimension, pattern, and profile of the stream upstream and downstream of the
permitted area should not be modified by widening the stream channel or changing
its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, neW or low hour equipment.

13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag ~Ider, black
willow, sycamore) to proVide long-term bank stability and stre~m shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season, Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be

...

McDowell County:
Page 5 of6
August 15, 2005

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

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

15. Diffuse Flow

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

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
. see attached.)

45. Deed Notifications

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

17. 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.

18. No Sediment and Erosion Control Measures in Wetlands

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

McDowellCounty: ~
Page 6 of6
August 15, 2005

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

If you do not accept any of the conditions. of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C, 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing. .

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr, Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

Sincerely,

cc:

Mike Osborne,
CH2MHill
4820 Parkway Plaza Blvd,
Suite 20
Charlotte, NC 28217
USACE Asheville Regulatory Field Office
DWQ '401 Central Office
DLR Asheville Regional Office
File Copy
Central Files

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

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

Filename: 05-1503.EWP,CatawbaRiver.Approval

Triage Check List

Kevin Barnett, Asheville Regional Office

f~lE c~rv

Project Name: McDowell County EWP
200S-1SA
DWQ #:O?-lS03
County: McDowell

Date: 08/10/05

To:

60-day Processing Time: 8/5/05 to 10/3/05

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
O Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
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!

nlt COPV

Office Use Only:

,

Form Version May 2002
20051503

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:
[gI Section 404 Permit 0
D Section 10 Permit D
[gI 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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

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

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

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 C~~~fflll,~~p.agrm(mL;u-ea of
Environmental Concern (see the top of page 2 for further details)':J~heckher.~:, IOJ; t~:; lW/,]
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II, Applicant Information AUG 5 2005

1. Owner/Applicant Information
Name: Charles Abernathy /McDowell County Manager
Mailing Address: 60 East Court Street
Marion. NC 28752

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Telephone Number: 828-652-7121
E-mail Address:

Fax Number:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mike Osborne
Company Affiliation: CH2M HILL
Mailing Address: 4824 Parkway Plaza Blvd.
Suite 20
Charlotte, NC 28217

Telephone Number: 704-329-0073 ext 252 Fax Number: 704-329-0141
E-mail Address:[e-mail]

Page 1 of 10

.

III. Project Information

Attach a vicinity map (Exhibit 1) clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site plan (Exhibit 2)
showing property boundaries and development plans in relation to surrounding properties. Both
the vicinity map and site plan must include a scale and north arrow. The specific footprints of all
buildings, impervious surfaces, or other facilities must be included. If possible, the maps and
plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with
the property boundaries outlined. Plan drawings, or other maps may be included at the
applicant's discretion, so long as the property is clearly defined. For administrative and
distribution purposes, the USACE requires information to be submitted on sheets no larger than
11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size
construction drawings rather than a sequential sheet version of the full-size plans. If full-size
plans are reduced to a small scale such that the final version is illegible, the applicant will be
informed that the project has been placed on hold until decipherable maps are provided. i

1. Name of project: EWP 2005-15A
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA

3. Property Identification Number (Tax PIN): 078100149577

4. Location
County: McDowell Nearest Town: Old Fort
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):

From 1-40, go N on US 70 approximately 7 miles. The site is approximately 3 miles north of
Old Greenlee Road on the right. See attached map for site locations.

5. Site coordinates, if available (UTM or LatILong): SEE SITE DESCRIPTIONS
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): 65.81

7. Nearest body of water (streamlriver/sound/oceanllake): Catawba River

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

Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application (see Exhibit 1):
The proposed site consists of light residential and agricultural uses. The stream and stream
banks were heavily impacted during Tropical Storms Frances and Ivan. Extensive stream
bank erosion threatens agricultural property.

Page 2 of 10

9. Describe the overall project in detail, including the type of equipment to be used:

EWP 200S-1SA
This project area includes approximately 250 linear feet of the Catawba River south of US
70. The project area is located at 35040'7"N 82005'31" W. High-water flows eroded the
stream bank and washed over a section of an agricultural field. In this section of river the
I
resulting conditions threaten the stability of existing banks. '

Repairs in this reach of stream will involve the following:
- Remove any woody debris from floodplain
- Reseed and plant woody vegetation.

The techniques that will be utilized for the proposed repairs at the EWP site ~isted
above are described below. !

Removal of Organic and Rocky Debris
Fallen trees, limbs, and non-native material within the cross section of the existing or original
channel up to and including the debris line shall be removed. Any foreign debris (e.g. trash
appliances) will also be removed. Trees leaning over the channel whose near term fall is
apparent will be removed. These rooted trees will be cut three feet above the ground surface
and the root masses will be . left in place. Disturbance of channel bottom and banks and
equipment access shall be held to the minimum necessary to allow the construction
equipment to remove the debris. All areas disturbed due to debris removal and equipment
access shall' be reshaped and reseeded. Access to the channel will be perpendicular to the
channel so that cutting of trees is held to a minimum with precaution taken to protect mast
production and stream canopy trees. These trees will be cut off at ground level so re-
sprouting may occur after construction. Dead trees and small brush piles that provide den
habitat and are determined to pose no hazard to the channel will be protected. Woody debris
will be chipped and disposed of in upland areas or hauled offsite.

Rocky material within the floodplain will be removed using an excavator. The removal of
rocky debris will proceed from the stream channel back toward the stream bank allowing the
excavator to work on the debris pile. The reconstructed floodplain will be shaped in a
manner intended to restore hydraulic capacity of the stream system. Rocky debris removed
from the floodplain will be used to stabilize the streambank or will be hauled offsite. At sites
where there is no eroded streambank in the immediate vicinity, the excavated material will be
used to strengthen the natural berm of the streambank or will be hauled offsite. In n<~ case
shall the deposited material be placed at an elevation higher than the existing streambanks.
Rocky rn,aterial will not be removed below pre-existing elevations such as rock bars within
the channel width.

Streambank Repair
When possible, excavation equipment will access streambank repair areas from the dry and
will not track into the stream channel. An existing cross section is included for each of the
impacted channel sections requiring stabilization (Exhibit 3). i

Page 3 of 10

Drainage areas of project areas are also listed on Exhibit 4. The drainage area is used to
determine the design storm (lO-year or 25-year for trout streams) peak flow using USGS
Rural Regression equations for the Blue Ridge-Piedmont. Design storm velocity and shear
stress values were also calculated. This information, in conjunction with the field
investigation analysis, DSR notations, and agency guidance and regulations, are used to
develop an appropriate streambank stabilization design. I

Equipment that may be used to accomplish the above listed tasks includes; rubber tired
skidders, 15 ton dump truck, hydraulic track mounted excavator with thumb, and chainsaws.

10. Explain the purpose of the proposed work:
The work addressed in this application is intended to improve post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks tha~ are
threatening structures or other property. The proposed actions are not intended to enhance
existing conditions or restore stream reaches using natural channel design techniques. Such
activities would require detailed engineering evaluation and design, which are beyond the
intent of the EWP program.

IV. Prior Project History

I
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.

NA

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated ~ork,
and provide justification for the exclusion of this work from the current application. i

NO

Page 4 of 10

provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown: on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: !
Proposed impacts include limited streambed disturbances, debris removal, and streaIll;bank
stabilization. :

2. Individually list wetland impacts below:

Wetland Impact
Site Number
(indicate on map)

Type of Impact*

Area of
Impact
(acres)

Located within
100-year Floodplain**
(yes/no)

Distance to
Nearest Stream
(linear feet)

Type ofWetland***

:

* 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 hUo:/Iwww,fema.gov. i
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh. forested wetland, beaver pond.
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). !

List the total acreage (estimated) of all existing wetlands on the property: None .
Total area of wetland impact proposed: N A

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

:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Bank
EWP 2005-15A Stabilization 250 Catawba R 40 ft Perennial
Planting
EWP 2005-15A Debris removal 100 Catawba R

*

i
.
List each impact separately and identify temporary impacts, Impacts include. but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain).
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.

Page 5 of 10

,

** 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. Several internet sites also allow direct download and printing of USGS maps (e.g" www.tol1ozone,com,
www.maPQuest.com, etc.). I
!
Cumulative impacts (linear distance in feet) to all streams on site: 250
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 I
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc;)
i
i
i
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dr~dging,
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
,
Page 6 of 10
!

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.

;
When at all possible equipment will be kept out of the stream channel, stream crossings will!be
minimized, and no excavation will be below the existing channel bed. When at all possible i
stream material will be moved from dry areas to banks, minimizing the movement of wet (o~
below water line) stream material. Creating wide, shallow channels will be avoided. Temporary
and/or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of
ground disturbing activities. Rocky material shall not be used for bank stabilization above the
normal high water mark. Large rocky material will be brought in to stabilize the toe of impacted
streambanks where necessary. I

VIII. Mitigation

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

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable in~lude,
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 appli~ation
lacking a required mitigation plan or NCWRP concurrence shall be placed on ho~d as
incomplete. An applicant may also choose to review the current guidelines for stream resto~ation
in DWQ's Draft Technical Guide for Stream Work in' North Carolina, available at
http://h20.enr.state.nc.us/ncwetlands/stnngide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions

Page 7 of 10

and/or map, if offsite), affected stream and river basin, type and amount (acreagellinearifeet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan yiew,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

NA

2. Mitigation may also be made. by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htto:/1h20.enr.state.nc.us/wro/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

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

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?

Yes ~

No D

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.

Yes D

No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.

Yes D

No D

Page 8 of 10

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

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be showq on a
map, whether or not impacts are proposed to the buffers. Correspondence from the l?WQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?

Yes D

No [g]

If you answered "yes", provide the following informatfon:

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
(sauare feet)

Multiplier

Required
Mitigation

1
2

Total

3
1.5

*

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

If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., 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.

.

Page 9 of 10

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

Imperviousness will not change.
Erosion and sedimentation prevention and control will be maintained throughout this project
primarily through: proper water management, construction sequencing, proper staging and
stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for
expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution
will not be stored in areas that could be flooded during this project.

. XII. Sewage Disposal (required by DWQ)

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

Portable facilities shall be provided at the work site.

XIII. Violations (required by DWQ)

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

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

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant" may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA I

~~ / ~0r

. AP~Ii~ignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 10 of 10

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McDowell Co. , Catawba River, DSR 15A
Design Parameters

Apply to Site

Note:

x
X

X
X
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X
X
X
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X
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Figure
1
2
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4
5
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7
8
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16
17
18

Title
BANK STABILIZATION TYPICAL SECTION
BANK STABILIZATION WITH ROCK TOE TYPICAL SECTION
STREAM CHANNEL BENCH TYPICAL SECTION
TYPICALJ HOOK DETAIL
TYPICAL CROSS VANE DETAIL
SUGGESTED VEGETATION LIST
STABILIZATION PLANTING PLAN
BENCH PLANTING PLAN
LIVE STAKE DETAIL
DEAD STOUT STAKE DETAIL
EC FABRIC INSTALLATION DETAIL
EC FABRIC ANCHOR DETAIL
STABILIZATION CONSTRUCTION ENTRANCE DETAIL
TEMPORARY SILT FENCE DETAIL
TEMPORARY STREAM CROSSING DETAIL
LAND QUALITY STOCK PILE LAYOUT
LAND QUALITY STREAM CROSSING LAYOUT
LAND QUALITY DEBRIS REMOVAL LAYOUT

1.) 100 yd3 of woody debris removal.

Notes anellor Measurements

250 LF of left bank

EC fabric = 4.5 Ib/tf

L.R.M.
7/18/2005

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;271 2CO~

2.) Smooth out the rough surfaces and vertical slopes (light grading) before planting and installing EC fabric so EC fabric lays on ground.

3.) Any damage caused by the contractor shall be repaired at the contractors expanse.

Legend

A DSR Project Site

- Interstate Highway

- Major Road
- Major Hydrography

D Subwatershed

CJ Municipality

D County Boundary

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EXHIBIT 4 - CATAWBA
McDowell County
Drainage Area Map

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Photo 1 - Bank erosion.

Photo 2 - Bank erosion.

Photo 3 - Channel braiding.

EXHIBIT 5

Photo 4 - Woody debris (background).

I

DSR 15A - Biddix Catawba River

This Access Agreement is made between McDowell County and:

ACCESS AGREEMENT

Property Owner: John R. & Janice Biddix
Street Address: C/O Metal Industries
City/State: Marion, N.C. 28752

McDowell County is requesting access to the property for the purpose of assessing and repairing damage
to the streambank, stream channel, and floodplain that was caused by hurricanes Frances and Ivan. The
repair efforts are being funded by the United States Natural Resource Conservation Service through the
emergency watershed protection (EWP) program. The repair work will include some or all of the
following elements:
· Streambank Stabilization
. Channel Relocation to Pre-Flood Location

.

Re-vegetation
Debris Removal

.

McDowell County and the Property Owner agree:

1.

Property owner grants pennission to McDowell County and its contractors and agents to,
enter upon our land for the purpose of assessing and repairing the flood damage caused by
Hurricanes Frances and Ivan. Additionally, this agreement includes the right of ingress
and egress on the land for the purpose of maintaining the emergency works for the period
of one year from the date of completion.
Property owner grants pennission to McDowell County and its contractors and agents to
conduct stream stabilization measures, which may include debris removal, stream bank ;
stabilization using rocks, wood, and/or, mulching and seeding, and/or channel relocation)
McDowell County agrees to comply with local, state and federal laws applicable to the '
work, and further agrees to exercise due care and caution in the perfonnance of all work on
the Property.
This Agreement constitutes the entire understanding between the parties. All prior
agreements or understandings, whether oral or written, are superseded. This Agreement
may be amended only by a written document duly executed by the parties,
Emergency Watershed Protection measures are intended to repair flood damage to the ,
stream and to return affected areas to pre-flood conditions. Repair and/or improvements to
structures are not part of this EWP project. Damaged bridges, driveways, and eroded fields
are not addressed by EWP measures. McDowell County and its contractors will strive to
minimize impacts to adjacent properties. However, some impact may be unavoidable. The
Property owner releases McDowell County and its contractors from liability for any
damage incurred as a result of this work.
This agreement does not provide confinnation that the subject site is eligible for
Emergency Funds, nor does it encumber funds for any repair work at this site.
Property owner agrees not to remove or modify constructed repairs, including vegetation,
for one year from the date of completion.

2.

3.

4.

5.

6.

7.

::~~;(~

Date: (P- ;2L:J- 0 S

By:

A:\Access Agreement (streams)rev 2.doc

6/16/2005

- - -
---------------- -------
------------------------------------------------------

MAP--------BLK---L6T----------------(A:c:D:I~R~S~CF)-UPDATE-ABST-(y7N)----NBH---
0781 . 00 - 14 - 9577 A~TiO~: I N

~UNT:-000~4967086 COMMENTS EXIST
OWN~~__:________. ~~8~~ITt~:~I~U~T~~~CE

MARION NC 28752
PRIOR OWNER: UNKNOWN
USE: 50 RURAL HOME SITE
MODEL: ~ SFR CONSTRUCTION
SALE? T/S BOOK /PAGE DEED PATE INST
00496 0195 08/23/1996 WD
- - -

NUMB DIR STREET NAME
HWY 70
TWNSHIP: 10 ~Tr:
CTY:

0000
NBH:
CARDS:
STAMPS

PROPERTY vALUES: BUILDING:
OBXF:
LAND:
MARKET:
ASSESSED:
DEFERRED:
00100 OLD FORT
1 NEW NOTICE CODE:
ABBREVIATED LEGAL DESCR
65.81 AC
MUNT-

208590
23B10
129980
362380
290630
71750

14.00
TYPE.S'I'REET SUFFIX
EXEMPT: ~EMPT DATE: .
U/M:5001 UPD:-03/1372003 16:11 Al~GIE

TAXBILL

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CH2MHILL

TRANSMITTAL

To:

From Liane Morgan

North Carolina Department of Environment
and Natural Resources
Division of Water Quality
401 Wetlands Unit, 1650 Mail Service Center
Raleigh, North Carolina 27699-1650

4824 Parkway Plaza Blvd, Ste 200
Charlotte, NC 28217

AUn:

Date: August 4, 2005

Re: McDowell County EWP PCNs - DSR Sites 3, 15A

\,

We Are Sending You: Method of shipment:
X Attached Under separate cover via
Shop Drawings X Documents Tracings
Prints Specifications Catalogs
Copy of letter Other:

Quantity

Description

5

McDowell County EWP PCN; DSRs 3 and 15A

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If the material received is not as listed, please notify us at once.
Remarks: Copies have been sent to the appropriate agencies.

Copy To:

file

COPYRIGHT 2005 BY CH2M HIll, INC,. COMPANY CONFIDENTIAL

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