20051581 Ver 1_Complete File_20050819

..,

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 # 05-1581
Yancey County

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

Subject Property: South Toe River EWP (OSR 2004-49/50)

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 900 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:

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NCDENR

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 hlto:/Ih2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

,

Yancey County:
Page 2 of6
August 22, 2005

1. Impacts Approved

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

I Amount Plan Location or Reference
Approved (Units)
I Stream 900 (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
August 22, 2005

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

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

5. Certificate of Completion

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

6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the January 1 to April 15 rainbow trout spawning period to avoid
adverse effects of sediment on eggs and larvae. However, Wildlife Resources
Commission will not object to construction of Natural Resources Conservation
Service "urgent and compelling" sites during the spawning period provided these
projects are, to the extent appropriate.and practical, constructed by: (1) using flow
diversion structures such as sand bags, (2) placing large-sized rock toes and filter
cloth backing for stabilization sites before backfilling, and (3) excavating new
channel alignments in dry areas. Construction at the other non-"urgent and
compelling" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

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

Yancey County:
Page 4 of6
August 22, 2005

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during 16w 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 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 edge to the top
of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream

Yancey County:
Page 5 of6
August 22, 2005

b~nks. in these areas should also be seeded w!th a native annual and perennial seed
mIx with a temporary nursery crop of wheat, millet or other grain.

14.lf p8:sture alon~ th~ 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.)

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.

"!:/

Yancey County:
Page 6 of6
August 22, 2005

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

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

~.~;~~;,:-ir

Division of Water Quality

AWKlkhb

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: 05-1581. EWP .South T oeRiver.Approval

Triage Check List
fILE COpy

To:

Kevin Barnett, Asheville Regional Office

Project Name: Yancey County EWP
DSR 2004-49/50 South Toe
DWQ #:05-1581
County: Yancey

Date: 08/22/05

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

Erom: Cyndi Karoly Telephone: [phone]

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

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

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

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Office Use Only:

2 0 Form Version May 2002
o 5 158 7

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

I. Processing

1. Check all of the approval(s) requested for this project:
[g] Section 404 Permit D
D Section 10 Permit D
[2J 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. Ifthis 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 Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: 0

II.

Applicant Information

I. 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 - WAT '
WETLANDS AND STO~~.oUALlTY
It WATER BRANCH

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]

ill. Project Information

Anach a \icinity map clearly shO\ving the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrO\v. The specific footprints of all buildings,
impe[\'ious 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 11 by 17-inch format;
however, DWQ may accept pape[\\'ork of any size. DWQ prefers full-size construction
drm\mgs 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. ~ame of project: South Toe EWP DSR 2004-49/50

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

3. Property Identification ~urnber (Ta.x PIN): See attached Table 1

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

Follow Highway 19E through BUrJ1sville. Follow 19E approximately seven miles pass
downtown BUrJ1sville. The first site is located about 1200LF upstream of the intersection of
Hwy 19E and the South Toe River. In order to get to this site, take the entrance to
Weatherman's Nursery which will be on the southern side of 19E before it reaches the South
Toe River. The second site is located approximately 750LF downstream of 19E and South
Toe River, See attached Figure 1.

Site coordinates, if available (UT?vf or Lat/Long): 35.90619810N, 82.18845140W
(approximate center of project area)
(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.)

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

6. Nearest body of water (streamlriver/sound/ocean/lake): South Toe River

7. River Basin: French Broad
(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/.)

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,
highway, and agricultural uses. This area of South Toe River was heavily impacted during
Tropical Storms Frances and Ivan. Severe streambank erosion threatens the stability of
adjacent properties and structures. In work area one, the South Toe River downed two large
trees. The resulting disturbance from the uprooting of the trees has caused significant
damage around the area where the trees once stood. In work area two, the flood caused
erosion of bank at a residence that threatens the stability of the owner's driveway.

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

This Pre-Construction Notification (PCN) form addresses two areas of EWP repair activities on
the South Toe River (see Figure 1) within the areas known as DSR 49 and DSR 50.

The two areas are: (1) South Toe River (Figure 3) and (2) South Toe River (Figure 4). The
specific issues and constraints of each element are discussed below.

Area 1: South Toe River

Two large trees, one maple and one beech, about 36" in diameter were severely undermined
from the increased flow of the river and subsequently fell. The large root mass followed the
trees and damaged the integrity of the bank Bank stabilization will occur for approximately 80
feet.

In order to stabilize the bank and protect from further erosion, the bank will be stabilized. This
will be accomplished using the following steps.

1. Stage large boulders in a staging area at least 30 feet off the streambank

2. Place large boulders at the toe of the eroding slope.

3. Build streambank at maximum 2: 1 slope, with a target slope of 3: 1.

4. Cover rock with topsoil and erosion control matting seed and plant.

Area 2: South Toe River

Bank erosion has occurred that threatens an existing driveway. Bank stabilization will occur for
approximately 75 feet.

1. Install temporary sediment and erosion control.
2. Stage large boulders in a staging area at least 30 feet off ihe stream bank
3. Place large boulders at the toe of the eroding slope andfor 2-3 tiers above the toe.
4. Cover rock with'topsoil and erosion control matting seed and plant.

3

Total disturbed areafor each of the stream bank stabilization areas is less than I-acre. Since the
lOtal 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. Additionally, the proposed riparian area disturbance is less than the permitting
threshold of 100 linear feet, so a Trout Waiver will not be appliedfor.

Alllmrk will be performed as per conversations between Altamont Environmental, US Army
Corps of Engineers, i\'C Wildlife Resources Commission, and on-site consultation with the US
Fish and TVildlife Sen'ice personnel on other EWP sites in this watershed. Work will include
streambank stabilization in the area described below as well as localized removal of organic and
mineral debris and streambank re-vegetation.

The South Toe River is classified as 'Class B', 'Trout' waters and Outstanding Resource Waters
(ORIT? throughout the project area. Potentially there are listed species and their habitats
occurring in this area according to the US Fish and Wildlife Service response to the EWP
Em'iromnental Checklist on February 2,2005.

Property owner information for all proposed lVork areas is included in Table 1.

The work addressed in this application is intended to improve the post-jlood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded streambanks that are threatening
strucTUres. TIle 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 el"aluatioll and design, which are beyond the intent of the EWP prog:am.

Equipment used to accomplish the above tasks includes: one or more 15 ton dump trucks, one
or more hydraulic track mounted excm:ators with thumb, one or more dozers with a six-way
blade; and chainsaws.

At all areas the work will proceed from 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
Jvork area (as applicable):

1. Flag the work limits.

2. i\lark 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 temporary erosion control fabric or matting on exposed
soil and secure using remol"able stakes or sandbags.

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

4

7. Fill and compact behind boulders. Cover with topsoil, install erosion control mat, and seed
Permanent erosion control mats will be constructed offiber or a coir fiber mixture fabric
for maximum erosion protection, vegetation establishment assistance, andfor minimal
impact on wildlife.

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 used for streambank stabilization or for in-stream structures to increase the
stability of the repair measures and minimize sediment loading to the stream. Clean, large,
angular rock, coir logs, large woody material, and natural fiber erosion control mats will be
usedfor streambank stabilization.

Once site construction has ceased, the banks of the stabilized 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. With landowner permission, native
shrub and tree species will be planted throughout the project reach at a rate of 320 stems/acre,
securing near bank areas and providing future shading to the channel. Existing woody .
vegetation will be preserved to minimize project impacts. The following steps will be observed.
with respect to vegetation:

1. Exposed soil will be covered with erosion control matting at the end of every workday.
Mats will be secured using removable stakes.

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

3. When 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 activities.

4. 1/ sod is not available on-site temporary seeding will occur on all bare soil within five days
of ground disturbing activities to provide long-term erosion control. 1/ sod is used, the bare
area left after removal of sod will be planted

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

5

6. TVoody l'egetation will be planted during the normal growing season assuming landowner
permission.

9. Explain the purpose of the proposed work:

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

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the CSACE Action ill ~umber, DWQ Project Number, application date, and date permits and
certifications were issued or withdraml. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along \\ith 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.

.\1.4

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 States/Waters ofthe State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open \vater, 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 \vetlands 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.

6

1. Provide a written description of the proposed impacts:

Proposed impacts include stream bank stabilization. Precautions will be taken to keep heavy
equipment out of the stream channel except where absolutely necessary to install bank
stabilization measures. 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:

There will be no wetlands impacted at this site.

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 1 DO-year Floodplain * * Nearest Stream Type of Wetland** *
(indicate on map) (acres) (yes/no) (linear feet)

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

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

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

Length of Average Width
Stream Impact Type of Impact'" Impact Stream of Stream Perennial or
Location (linear feet) Name*'" Before Impact Intermittent?
(feet)
Area 1 Stream bank Stabilization 80 South Toe 80 Perennial
River
Area 2 Stream bank Stabilization 75 South Toe 80 Perennial
River

'"

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),

7

stbiliution acth.ities (cement wall, rip-rap, crib wall, gab ions, etc.), excavation, ditching/straightening, etc. If stream relocation is
Foposed, pla.:ls a::ld profiles showing the linear footprint for both the original and relocated streams must be included.
*" Stre;l.-;1 TIz.;r:es can be found on l:SGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
co........stre= n2."TIed stre= into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
',',~,"~'-'..IlS:5.Z0Y. Several internet sites also allow direct d0\\11load and printing of USGS maps (e.g., WWW.topozone.com.
l.;............;.~.r:;.::' ::~..:est.com... etc.).

Cumulatiye impacts (linear distance in feet) to all streams on site: 900 linear feet

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

There .rill be no impacts to open waters.

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

*

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

). Pond Creation
If construction of a pond is proposed, associated. wetland and stream impacts should be
included aboye in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 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
frnancial 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

8

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

On behalf of Yancey County, Altamont will provide contractors engaged in the implementation of
this work both written and verbal instructions of all impact avoidance statements provided below.
All heavy equipment will be kept out of the stream channel during stream bank stabilization and
stream relocation work, except where absolutely necessary 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 capacity of the stream channel. Temporary grass cover shall be planted on all bare soil
within 5 days of ground disturbing activities. Provided landowners give permission; herbaceous
and woody shrub and tree vegetation will also be installed on the riverbank upon completion of
bank stabilization work Yancey County will provide a site manager to routinely inspect and
supervise contractor work to help ensure impact avoidance instructions are beingfollowed.

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 ofIssuance 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.ern.state.nc. us/ncwetlands/ strmgide.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 offsite), 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

9

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

XIA

2. ~Iitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NC\VRP). 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
~CWRP, check the ?\CWRP web site at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the ?\CWRP is proposed, please check the appropriate box on page three and provide the
follo\\ing 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 oO\on-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Emironmental Documentation (required by DWQ)

Does the project inyolye an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes [ZJ ?\o 0

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

If yes, has the document review been fInalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA [mal 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.

10

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 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.

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

*

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

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

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

11

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 ~o [2J

Is this an after-the-fact permit application?
Yes 0 ~o [g]

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
\\.ork schedules (e.g., draw-do\\TI schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside ofthe applicant's control).

X/A.

1?.,- / ( -oS-

Applicant! ge 's Signature Date
(Agent's signature is - id only if an authorization letter from the applicant is provided.)

12

YANCEY COUNTY

Michele P. Lawhem, County Manager

John Renfro, Chairman
Dean Hicks, Commissioner
Blaine Whitson, Commissioner

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

November 10, 2004

Altamont 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.

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

~elY,

V "~~hem

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

TABLE 1
AFFECTED PARCELS
SOUTH TOE RIVER
DSR 2004-49/50

YANCEY COUNTY, NC

MAPID PIN .. OWNER Propert ADDRESS CITY STATE ZIP Exigency? CHANNEL STEAM BANK . ROCK WOODY
ySlze I, RELOCATION STABILIZATION DEBRIS .DEBRIS
.. (acres) . I.. ,.. REMOVAL REMOVAL
242 850006000050000 ADKINS RICKY L ET AL 2.31 458 MAWES DR BURNSVILLE NC 28714 N .
2 75900592876000 WEATHERMAN CONRAD 8.14 152 CONRAD LAN SPRUCE PINE NC 28777 N .

Legend

Figure 1

South Toe River DSR 2004-49/50

EWP Project Area

Yancey County, North Carolina
2000 0 2000 Feet

I

ALTAMONT ENVIRONMENTAL, INe.

Property Boundary
" Surface Water

I ENGINEERING & HYDROGEOLOGY

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. 828.28IJ350 F AC. 828.281.3351
www.altamontenvironmental.com

" -

~ Roads

01-15-05

.r "

Legend
rty Boundary
Prope
,/ Surface Water

I

~ Roads

FigureiR 2004-49/50

h Toe River D
Sout P oJ. ect Area. .
EWP r h Carolina
County, Nort 500 Feet
Yancey 0
500 I

I

NVIRONMENT .
NTE

ROGEOLOG
G&HYD
IN GIN E E R I N EVILLE, NC 28801
E 50 COLLEGE STR~f~ ~~~. 828.281.3351
TEL 828.281.) ironmentaLcom
www.altamontenv 01-15-05

Figure 3
Work Area # 1
South Toe River
DSR No. 2004-49
Yancey County, North Carolina

TAMONT ENVIRONMENTAL INC.

ENGINEERING & HYDROGEOLOGyl

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

AL TAMONT ENVIRONMENTAL, INC.

IENGINEERING & HYDROGEOLOGYI
50 COLLEGE STREET. ASHEVILLE, NC 28801
TEL.[phone] FAC.828.2813351
www.altamontenvironmental.com

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STU RYMAN
CLIENT: YANCEY COUNTY
DATE: 06/28/05

NOT TO SCALE

SCHEMATIC DESIGN DETAIL FIGURE
AREA I
EWP 2004-49 3a
SOUTH TOE RIVER
YANCEY COUNTY, NC

ILE PATH: P:IYANCEy-EWPIDSRsIDSR 49 - SOUTH TOEI CONCEPTUAL DESIGN PHOTOS.DWG

'}

Figure 4
Work Area #2
South Toe River
DSR No. 2004-50
Yancey County, North Carolina

TAMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

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

ALTAMONT ENVIRONMENTAL, 1Ne.

IENGINEERING & HYDROGEOLOGYI
50 COLLEGE STREET, ASHEVILLE. NC 28801
TEL.[phone] FAC.828.281.3351
www.altamontenvironmental.coln

DRAWN BY: ZAN PRICE
PROJECT MANAGER: STU RYMAN
CLIENT: YANCEY COUNTY
DATE: 06/28/05

NOT TO SCALE

SCHEMATIC DESIGN DETAIL FIGURE
AREA 2
EWP 2004-50 4a
SOUTH TOE RIVER
YANCEY COUNTY, NC

ILE PATH: P:\YANCEy-EWPIDSRsIDSR 49 - SOUTH TOEI CONCEPTUAL DESIGN PHOTOS.DWG