20051580 Ver 1_Complete File_20050819

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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 2, 2005

DWQ Project # 05-1580
Yancey County

Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714

Subject Property: Rock Creek EWP (DSR 2004-44)

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Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs. Lawhern:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 95 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 August 23, 2005. After
reviewing your application, we have decided these impacts are covered by General
Water Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to
use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404
or CAMA Permit.

This approval is for the purpose that you described in your application. If you change
your project beyond this approval, 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:

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 htto:llh2o.enr,state,nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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Yancey County:
Page 2 of6
September 2, 2005

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1. Impacts Approved

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

Amount Plan Location or Reference
Approved (Units)
Stream 95 (feet) South Toe 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.

Yancey County:
Page 3 of6
September 2, 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
djfficulty 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.

Yancey County:
Page 4 of6
September 2, 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 fife 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 equjpnient 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 3D-foot vegetated zone (as required under the ORW
regulations), 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 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 edQ.e to the top
of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream

Yancey County:
Page 5 of6
September 2, 2005

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.

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

15. Diffuse Flow

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

16. Riparian Zone Replanting

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

i 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
401/Wetlands Unit web site athttp://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 C?r locally delegated program has released the project.

Yancey County:
Page 6 of6
September 2, 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 Certjfication, 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,

R~ C.ET~~ ~~

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

cc: Stu Ryman,
Altamont Environmental, Inc.
50 College Street
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1580. EWP .RockCreek.Approval

Triage Check List

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To:

Kevin Barnett, Asheville Regional Office

Project Name: Yancey County EWP
Rock Creek EWP DSR 2004-44
DWQ #:05-1580
County: Yancey

Date: 08/22/05

60-day Processing Time: 8/19/05 to 10/17/05

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?
Cumulative impact concern
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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!

5 1 5 8 0

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.eoill

Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

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AUG 1 9 2005

August 15,2005

DENR - WATEH QUAliTY
'iIETIANDSAND STORMWATER 8RANCH

Subject:

Yancey County EWP Project Pre-Construction Notification Applications for South Toe
River DSRs 49/50 and Rock Creek DSR 44

Dear Ms. Karoly:

Enclosed are the South Toe River DSRs 49/50 and Rock Creek DSR 44 EWP site applications for
Section 404 nationwide permit 37, and corresponding DWQ 401 water quality certification. Work
applied for in this permit includes streambank stabilization, channel relocation, and debris removal. Mr.
Stuart Ryman has signed the application as an authorized agent for Yancey County. A letter of
authorization is included. Additionally, we have sent one copy of the enclosed permit application
directly to Mr. Kevin Barnett in the Swannanoa office, Mr. Scott McLendon of the U.S. Army Corps of
Engineers, Mr. Brian Cole in the Asheville U.S. Fish and Wildlife Service office, and Mr. Dave
McHenry in the Waynesville N.C. Wildlife Resources Commission office.

Altamont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.

Sincerely,

Stuart A. Ryman, P.G.

Enclosures:

PCN - South Toe River DSR 49/50
PCN - Rock Creek DSR 44
Letter of Authorization

CC:

Michele Lawhern - Yancey County Manager ( transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)
Kevin Barnett - NCDENR Division of Water Quality (with attachments)

P:\Y aneey-EWP\Correspondenee\DWQ permit cover letter-Karoly-DSR 49-50,44.doe

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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".)

20051580

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Permit D
~ 40 1 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: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), 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 Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1. Owner/Applicant Information
Name: Michele Lawhern, County Manager
Mailing Address: 110 Town Square
Yancey County Courthouse, Room 11
Burnsville, NC 28714

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AUG 1 9 2005

. DENR - WATER QUAliTY
WETlANDS AND STORM'.ViITER BRN'CH
Telephone Number: [phone] Fax Number: [phone] ~ .
E-mail Address: [e-mail]

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: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street, Asheville, NC 28801
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

1

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ID. Project Information

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Anach a yicinity map clearly sho\\ing the location of the property with respect to local
landmarks such as to\\lli, riYers, and roads. Also provide a detailed site plan showing property
boundaries and de\"elopment plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defmed. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II by 17-inch format;
howewr, DWQ may accept paperwork of any size. DWQ prefers full-size construction
dra\\ings 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. Kame of project: Rock Creek EWP DSR 2004-44

2. T.I.P. Project };umber or State Project Number (NCDOT Only): N/A

3. Property Identification };umber (Tax PIN): See attached Table 1

4. Location
County: Yancey County Nearest Town: Micaville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):

Follow Higlnray 19E through Burnsville. Four miles past Burnsville, take the exit for NC
Higlnvay 80 South After less thall a mile 011 J1icaville Loop, turn right to remain on
Higmvay 80 South Continue 011 Highway 80 South approximately 10 miles. Turn right on a
gravel road to access the low water bridge. The site is just downstream of the low water
bridge. See attached Figure 1.

Site coordinates, if available (UTM or Lat/Long): 35.7813220N,82.2066450W
(approximate center of project area)
(Note - If project is linear, such as a road or utility line, attach a sheet that sep<;rrately lists the
coordinates for each crossing of a distinct waterbody.)

5. Property size (acres): See attached Table 1

6. Nearest body of water (stream/river/sound/ocean/lake): Rock Creek

7. Riyer Basin: French Broad
G\"ote -this must be one of North Carolina's seventeen designated major river basins. The
Riyer Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

2

Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:

Land use in the vicinity of the proposed project site consists of residential forestland and
agricultural uses. This area of Rock Creek was heavily impacted during Tropical Storms
Frances and Ivan. Severe streambank erosion and channel relocation threatens the stability
of adjacent properties and structures.

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

This Pre-Construction Notification (PCN) form addresses one area of EWP repair activity on
. Rock Creek (see Figure 1) within the area known as DSR 44. Additional repairs within DSR 44
will be addressed in separate submittals.

During the flooding associated with Tropical Storms Frances and Ivan large woody debris
created a blockage in the channel approximately 150 feet upstream from the confluence of Rocky
Creek and South Toe River. The blockage facilitated the deposition of river rock. The channel
eventually filled with rock to the top of bank, it then overtopped the bank and is currently flowing
overland through a densely forested area. The resulting undefinedflow results in ongoing
erosion and sedimentation of the South Toe River.

Total disturbed areafor the channel relocation area is less than I-acre. Since the total
disturbed area is less than the Erosion and Sediment Control Plan permitting threshold of 1
acre, aformal approval of the Erosion and Sediment Control Plan elements of this proposal is
not needed. However, the proposed riparian area disturbance is less than the permitting
threshold of 100 linear feet, so a Trout Waiver will not be appliedfor.

All work will be performed as per conversations between Altamont Environmental, US Army
Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US
Fish and Wildlife Service personnel on other EWP sites in this watershed. Work will include
stream bank stabilization in the area described below as well as localized removal of organic and
mineral debris and stream bank re-vegetation.

Rock Creek is classified as 'Class C', 'Trout' and Outstanding Resource Waters (ORW)
throughout the project area. No listed species or their habitats occur in this area according to
the US Fish and Wildlife Service response to the EWP Environmental Checklist on February 2,
2005.

The following activities are proposed in the project area:

1) Rock debris will be removedfrom approximately 95 linear feet of channel to allow water to
return to its pre-flood location.

2) Removal of organic, mineral, and non-native material from areas where the hydraulic
capacity of the stream channel has been reduced based upon evaluation ojexisting cross-
sections and regional curves.

3) Softening of minor over-steepened banks and riparian planting.

3

Work lrill include: stream bank stabilization in several areas described below. Equipment
used to accomplish the above tasks includes: rubber tired skidders, 15 ton dump truck,
hydraulic track mounted excavator with thumb, and chainsaws.

Dze general location of the stream bank repair area is provided in Figures 1 & 2.
Representati....e photosfrom these areas are included as Figures 3 - 4. Repairsfor each of the
srreambank stabilization sites are detailed in Figures 3A - 4A.

Streamhallk Stahilizatkm
Srreambank stabilization is needed on approximately 95 feet of banks within the project area.
StabilizaTion is required at the one distinct location shown in Figure 2.

Repair at the area will generally include stabilizing the bank in its current location. A key in
trench will be excavated on the outside of the curve at the base of the existing slope as
necessary. Large (three to four foot diameter) angular rock, large diameter logs (greater than
2 feet), and/or nawral fiber logs will be used to stabilize the toe of the bank at high stress
locations (e.g. the outside of bends). A second tier of material will be used, as needed. The
area behind the material will be backfilled with rocky debris material excavated from the
floodplain or imported material, and topsoil will be placed on the top of the reconstructed bank
to aid in the establishment of vegetation. TVhere sufficient space is available a banlifull bench
lrill be constructed in the fill area to increase hydraulic capacity and enhance future bank
stability. The area will be seeded lvith grasses upon completion of heavy equipment work. With
the landoH"/zer 's permission, live stakes and bare root stock native trees and shrubs will be
planted on top of the bank stabilization work. In areas where high stress on the toe is not
expected (e.g. the inside of bends and straight sections with low banks), the use of large
material is not necessary, and logs or natural fiber logs will be used to provide the necessary
toe stabilization.

Work will be performed from the riverbank to the extent possible. In some locations, work will
occur in the dry above the normal water surface level. However, given the existing condition of
the stream bank and channel at these locations, it is likely that the stabilization of the toe of the
banks will occur in the wet. In such cases, sand bags, or the equivalent, will be used to deflect
water flow away from the work area, as well as prevent water fi'om accumulating in the work
area. Standard erosion and sedimentation control measures, as subsequently described, will be
utilized throughout the project.

The work addressed in this application is intended to improve the post-flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded stream banks that are threatening
structures. The proposed actions are not intended to enhance existing conditions or restore the
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.

On Jfay 2, 2005, in anticipation of upcoming work under the EWP Program, the Board of
Commissioners ofJlitclzell County passed a resolution authorizing access to private land in
order to conduct EWP repairs. For this reason, individual Access Agreements are not

4

necessary for the work proposed in this PCN A copy of the resolution is attached to this
application. A summary of property owners is included as Table 1.

At the site, work shall proceedfrom downstream to upstream to reduce sediment loading. All
staging areas will be less than half an acre in size. Work will proceed as follows at each work
area (as applicable):

1. Flag the work limits.

2. Mark live trees and shrubs to be protected.

3. Construct temporary construction entrance/exits where necessary.

4. Install sediment fence around staging areas.

5. At the end of each workday install erosion control matting on exposed soil using removable
stakes. Erosion control mats will be constructed of coil' fiber or a coil' fiber mixture fabric
for maximum erosion protection, vegetation establishment assistance, and for minimal
impact on wildlife.

6. During construction, place large boulders, logs, or fiber rolls at the toe of repaired
stream banks where necessary.

7. Fill and compact behind boulders, logs, or fiber rolls. Cover with topsoil, install erosion
control mat, and seed.

8. Inspect and maintain repairs.

A site-specific engineering design based on a specific storm event was not completed because
the EWP program is not intended to fund stream restoration design or construction work.
Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on-
going erosion, sedimentation and possible loss of property or life. Because natural channel
design methods are beyond the scope of the EWP program, published literature values were
consulted in order to specify the bank stabilization and erosion control materials and methods
described in this document. For example, we have specified that filter cloth will be placed
behind large rock usedfor stream bank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. Ifroot-wads are
used they will be installed so that at least 1/3 of the root is inundated during normal flows.
Clean, large, angular rock, large woody material, and natural fiber erosion control mats will be
used for streambank stabilization.

Once site construction has ceased, the banks of the restored channel will be seeded with a
native floodplain seed mix and the high stress areas will be lined with erosion control (EC)
matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used
(when available) to line the near bank regions of the constructed/stabilized channel to provide
immediate stability. Live stakes and matting staples will be used to secure the EC fabriclsod-
matting in these high stress areas. Broadcast seeding rates will be as specified from the local
nursery, generally 15-20 lbs/acre depending on species. Native shrub and tree species will be

5

planted throughout the project reach at a rate of 320 stems/acre, securing near bank areas and
providingfuture shading to the channel. Existing woody vegetation will be preserved to
minimi=e project impacts. The following steps .will be observed with respect to vegetation:

1. E'(posed soil will be covered with erosion control matting at the end of every workday.
JIats ,rill be secured using removable stakes.

2. The project riparian =one and/or buffer areas will be re-vegetated with a combination of
nati,'e trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary
natire grass mixture immediately following completion of the work in those areas. Tall
fescue will not be used in riparian areas.

3. 1Jt7ICn possible sod will be taken from adjacent areas (with landowner permission) and
placed on exposed soil to provide immediate stabilization within five days of ground
disturbing acth'i!ies.

4. If sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground dislllrbing activities to provide long-term erosion control. If sod is used, the bare
area left after removal of sod will be planted.

5. Re-seeding will be conducted, as necessmy, with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet, or other grain

6. Woody vegetation will be planted during the normal growing season assuming landowner
permission.

Remul'al of Org(]Jzic (]JuJ Rocky Debris
TIle applicant recognizes that some woody debris in the riparian zone is a necessmy component
of habitat integrity and will strive to remove only non-native objects and those debris elements
considered an immediate or impending threat to life and structures. Contractors performing
debris removal tasks will be instructed to access debris on both sides of the river from the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel. In some circumstances, it is likely that chainsaw operators
or hemy equipment support personnel may need to get in the river to cut or help free debris jams
being removed. In addition, large debris being pulled from the riverbank may result in some
riverbank scour. The applicant ,vill instruct contractors performing the work to refrain from
cutting any lire vegetation unless it is leaning toward the river at more than a 3D-degree angle
and the river is entrenched or the riverbank is unstable at that point. Debris removed will be
hauled off site or chipped and disposed of in the flood plain. In cases where it is determined that
large woody debris can be utilized in current or projectedfuture bank stabilization work, such as
in log vanes or as root ,rads, these articles may be stored on site out of the floodway upon
landowner permission. All areas disturbed due to debris removal and equipment access will be
reshaped and reseeded. Access to the channel will be perpendicular to the channel. Precaution
will be taken to protect mast production and stream canopy trees. Dead trees that provide den
habitat and are determined to pose no hazard to the channel shall be protected.

RocJ...y debris within the flood plain and channel that reduces the hydraulic capacity of the
channel will be remOl'ed using an excm'ator. The removal of rocky debris will proceed from theAstream channel back tOli'ard the streambank allowing the excavator to work on the debris pile,

6

The reconfigured floodplain will be shaped in a manner intended to restore the hydraulic
capacity of the stream system. Rocky debris removed from the floodplain will be used to
stabilize the stream bank, 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 stream bank or will ,be hauled off site. In no case shall the deposited material be placed at an
elevation higher than the existing stream banks..

9. Explain the purpose of the proposed work:

The work being described is exigency work under the Emergency Watershed Protection program
to protect existing property and structures. Stream bank stabilization will also prevent further
erosion and sedimentation to the South Toe River resource.

IV. Prior Projeet History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases ofthe same subdivision) in the past, please explain, Include.
the USACEAction 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). Ifthis 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 this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.

No

VI. Proposed Impacts to Waters of the United StateslWaters 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be

7

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 stream bank stabilization and removal of rocky debris. Precautions
lrill be taken to keep hemy equipment out of the stream channel except where absolutely
necessary to install bank stabilization measures and to remove excess rocky debris in the
channel. Work will be conducted in the dry to the extent practicable. Sediment and erosion
control measures, including sand bags, silt fences and reseeding, will be utilized to minimize
sedimentation

2. Individually list wetland impacts below:

Vzere will be no lretlands impacted at this site.

C Wetland Impact I Type ofImpact* Area of Located within Distance to
Site ~umber Impact 100-year Floodp1ain** Nearest Stream Type ofWetJand***
I (indicate on map) I (acres) (yes/no) (linear feet)
\ I I
,
I I
I
I

*

List each impact separately and identifY temporar)' 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 (FEl\1A) Flood Insurance Rate Maps
(FIR.\I), or FE~tA-approved local floodplain maps. ~laps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hnp://www.fema.Q.o\'.
*** 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:

i
Length of Average Width
Stream Impact Type of Impact. Impact Stream of Stream Perennial or
Location Name.. Before Impact Intermittent?
(linear feet) (feet)
I Rock Debris Removal, South Toe
Area 1 I Channel Relocation, and 95 River 25 Perennial
Streambank Stabilization

*

List each impact separately 2.Ild 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),

8

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.
** 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.topozone.com,
www,mapquest.eom, etc.).

Cumulative impacts (linear distance in feet) to all streams on site: 975 linear feet

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

There will be no impacts to open waters.

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

*

List each impact separately 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.): N/A

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

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts

9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be follo\ved during construction to reduce impacts.

Oil behalf of Yancey Counf)~ Altamont will provide contractors engaged in the implementation of
this work both lrrittell and l'erbal instructions of all impact avoidance statements provided below.
All hem)' equipment will be kept out of the stream channel during streambank stabilization and
srreal71 relocatiollwork, except where absolutely neceSSalY to install bank stabilization measures.
Disturbance of channel bottom and banks and equipment access areas shall be held to the
minimum necessary to allow for bank stabilization and debris removal sufficient to restore the
hydraulic capacif)' of the stream channel. TemporalY grass cover shall be planted on all bare soil
ll'ithin 5 days of grolmd disturbing activities. Provided landowners give permission, herbaceous
and lwody s11mb and tree l'egetation will also be installed all the riverbank upon completion of
bank stabilizatio1l1wrk Yancey County 1 v ill provide a site manager to routinely inspect and
supenise contractor work to help ensure impact avoidance instructions are being followed.

"'Ill. .Mitigation

D\VQ - In accordance \,ith 15A NCAC 2H .0500, mitigation may be required by the NC
Division of\Vater 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 oftotal impacts to perennial
streams.

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

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

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if off site), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a

10

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

N/A

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 web site at http://h20.enr.state.nc.us/wrp/index.htm. Ifuse of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

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

IX. Environmental Documentation (required by DWQ)

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

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

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

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 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.

11

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Xeuse), 15A ~CAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes 0 No [g] 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.

I Impact Required
I Zone* Multiplier
i (square feet) Mitigation
11 3
\2 1.5
! Total

*

Zon.: I e:o..,ends out 30 feet pefJJendieular from near bank of channel; Zone 2 extends an
;<dditionaI 20 feet from the edge of Zone 1.

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

XI. Stormwater (required by D'VQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storm\\;ater controls proposed in order to protect surface waters and wetlands
do\\nstream from the property.

Impervious acreage 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 D\VQ)

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.

12

XIII. Violations (required by DWQ)

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

Is this an after-the-fact permit application?
Yes D No IZI

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 ofthe applicant's control).

N/A

- $-I-O~

Applicant/Agent's Si ature Date
(Agent's signature is valid onl if an authorization letter from the applicant is provided.)

13

MAP 10

8

OWNER

74504848597000 Toe hold Communi Inc

9

74500960394000 Rock Creek Partners CLC

P:lYancey EWP/DSRslDSR 56 Ransom SilverslTable 1 parcels

Prope!l)' _
Size (acres)

8.47

86.10

Table 1

Affected Parcels
Rock Creek DSR 2004-44

Yancey County, North Carolina

ADDRESS

CITY

STATE

60 MERRY BEAR LANE

BURNSVILLE NC

MONTGOMERY PLACE

JACKSONVILLE FL

ZIP

Exigency?

28714

N

32205

N

CHANNEL
REALIGNMENT

.

.

STEAMBANK
STABILIZATION

.

.

ROCK WOOD
DEBRIS DEBRIS
REMOV REMOV
AL AL

.

.

.

.

YANCEY COUNTY

Michele P. Lawhem, County Manager

JohnRenfro, Chairman
Dean Hicks, Commissioner
Blaine Whitson, Commissioner

* County Courthouse, Room 11 · Bumsville, North Carolina 28714
PHONE: [phone] · FAX: [phone] . EMAIL: [e-mail]

November 10, 2004

AItamont Environmental, Inc.
50 College Street
Asheville, North Carolina 28801

Stu,

At the regular monthly meeting of the Yancey County Board of Commissioners last
evening, the enclosed contract for professional services was executed, relative to EWP
Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this
Yancey County Local Government hereby authorizes Altamont Environmental, Inc, to
sign and execute all necessary permits and coordinate communications with said
regulatory agencies.

If there should be' any questions about the above, please feel free to call me at any time.

rmelY,
V "'~Whem

Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746

Legend,
Property Boundary
~ Pre- Flood Location
of Rock Creek
~ Post-Flood Location
~ Roads

Figure 1

Rock Creek DSR 2004-44 .

EWP Project Area

Yancey County, North Carolina'
2000 0 2000 Feet

I I

I,

ALT AMONT ENVIRONMENTAL, INe.

I ENGINEERING & HYDROGEOLOGY I

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL, 828,281.3350 FAC, 828.281.3351
www.allgnionlcnviromTIcnlal.col11

I

I
I
I I '

01-15-05

I ~

ProPE?rty Boundary
I~ Surface Water
~ Roads

Figure 2
Rock Creek DSR 2004-44
EWP Project Area
Yancey County, North Carolina
200 0 200 Feet

I I

ALTAMONT ENVIRONMENTAL, INC.

I ENGINEERING & HYDROGEOLOGY I
50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL, 828,28,1.3350 FAC, 828,281.3351
www.altamontcllvirolll11cntal.com
I I I
I I I 01-15-05
I I I

r-

- - ,

Figure 3
Rock Creek
DSR No. 2004-44
Yancey County, North Carolina

AL T AMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] F AC. 828.281.3351
www.altamontenvironmental.eom

I _

AL T AMONT ENVIRONMENTAL, INC.

IENGINEERING Ilc HYDROGEOLOGYI
so COLLEGE STREET, ASHEVILLE, NC 28801
TEL,828,281.33S0 FAe,828.281.33S 1
www.altamontenvironmcntal.com

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STUART RYMAN
CLIENT: YANCEY COUNTY
DATE: 08/08/05

NOT TO SCALE

II

PROPOSED BANK
REP AI RS
ROCK CREEK
EWP 2004-44 I
YANCEY COUNTY, NC

3a

\
FILE PATH: P:\YANCEy.EWPIoSRsIoSR 44-SoUT~ TOE RIVER IPCNI44-~OCK CREEK PHOTOS,oWG

II

Figure 4
Rock Creek
DSR No. 2004-44
Yancey County, North Carolina

ALTAMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL.[phone] FAC.828.281.3351
www.altamontenvironmental.eom

AL T AMONT ENVIRONMENTAL, INC.

IEN C I N E E R I N G &. H v:o R 0 C co~co c:'Y"1
so COLLEGE STREET, ASHEVIllE. NC 2880 I
TEl,828,281.33S0 FAC,828,281.33S I
www.altaInontcnvironmcnlal.com

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STUART RYMAN
CLIENT: YANCEY COUNTY
DATE: 08/08/05

NOT TO SCALE

I'

PROPOSED BANK
REPAIRS I
ROCK CREEK
EWP 2004-44
I
YANCEY COUNTY, NC

FIGURE

4a

FILE PATH: P:\YANcEV-EWPIDSRsIDSR 44.SDUTH TOE RIVER IPCNI44-~OCK CREEK PHQTOS,DWG

I: