HomeMy WebLinkAbout20051626 Ver 1_Complete File_20050825
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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
Mr. Deron Geouque
Assistant County Manager
Watauga County
842 West King Street, Suite 1
Boone, NC, 28607
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September 8, 2005
DWQ# 05-1626
Watauga County
APPROVAL of 401 'Vater Quality Certification with Additional Conditions
Dear Mr. Geouque:
\Vatauga County has our approval to conduct stream channel and bank stabilization and restoration activities,
in accordance with the attached conditions, along a total of 1,200 linear feet of Dutch Creek, located between
the Watauga River and NC Highway 194 in Valle Crucis, Watauga County, as described in your application
received by the Division of Water Quality on August 17, 2005. After reviewing your application, we have
determined that this activity is covered by General \Vater Quality Certification Number 3367, which can be
viewed on our web site at http://h2o,enr.state.nc.us/ncwetlands.This Certification allows you to use
Nationwide Permit Number 37 when it is issued by the U.S. Army Corps of Engineers, In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions, If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 1,200 linear feet The reach of Dutch Creek located between the
Watauga River and NC Highway 194 in Valle
Crucis, Watauga County
N~ImCarolina
/Va/Jlrnll!!
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center
2321 Crabtree Blvd.
Customer Service Number: 1-877-623-6748
Raleigh, NC 27699-1650
Raleigh, NC 27604-2260
Phone (919) 733-1786 FAX (919) 733-2496
Internet http//:h2o.enr.state.ne,us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Deron Geouque
Page 2, DWQ# 05-1626
September 8, 2005
,.
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the appropriate turbidity water quality standard (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes
and all lakes and reservoirs; 10 NTUs in DWQ Classified trout waters). Such measures must equal or
exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites,
and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated
with the project.
3. 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 measures in wetlands or 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.
4. 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.
5. 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,
unless authorized under Division of Land Resources Erosion and Sediment Control approval. 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.
6. Only clean, large, angular rock, large woody material, or other natural stream design materials and
techniques should be used for bank stabilization, Rock should not be placed in the stream channel in a
manner that constricts stream flow or that will impede aquatic life movements during low flow
conditions. Filter cloth should be placed behind large rock that is used for bank stabilization. Properly
designed rock vanes should be constructed wherever appropriate on bank stabilization and channel
realignment stream reaches to improve channel stability and to improve aquatic habitat. Root wads
should be installed low enough in the bank so that a significant portion (at least one-third) the root wad
is inundated during normal flows.
Mr. Deron Geouque
Page 3, DWQ# 05-1626
September 9, 2005
7, The channel must 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. Streambed materials are unstable in flowing-water situations and are unsuitable for
bank stabilization, 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.
8. 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 streambed materials are available. Berms are not permitted because they block the
floodplain, constrict and accelerate flood flows, and often fail or impede drainage during large flood
events.
9. 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.
10, If mechanized equipment is utilized, it shall be operated from the bank whenever possible, All
mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials.
Any mechanized equipment used in the stream channel shall be clean and in proper working order.
11. As long-term stream stability is a concern with this type of work, it is strongly recommended that woody
vegetation be established along stream banks where possible. Any riparian vegetation planting should
be performed in accordance with the Guidelines for Riparian Buffer Restoration
(http://h20.em.state, nc. us/wrp/pdflbuffers, pdt),
12, The permittee shall provide on-site supervision of stability work including, but not limited to bank re-
sloping, in-stream structure placement, and riparian zone re-establishment by an appropriately trained
individual.
13. The Permittee shall monitor the stabilization work done under this Certification on an annual basis for
three (3) years following the completion of the restoration efforts, This field evaluation should note the
condition and stability of the measures installed and the success of any riparian zone plantings, A
written report shall be provided to DWQ's Winston-Salem Regional Office by June 1st of each year.
The report must describe inspection results, include digital photographs, list the date of inspection, and
describe any needed repairs or corrections.
14. The permittee must provide a copy of this Water Quality Certification and attached authorization letter
to each property owner where the approved work will be performed.
15. The turbidity standard of 10 NTU (Nephelometric Turbidity Units) shall not be exceeded in streams
designated as trout waters, as described in 15 A NCAC 2B .0211(k). For streams not designated as trout
Mr. Deron Geouque
Page 4, DWQ# 05-1626
September 8, 2005
waters, the turbidity standard of 50 NTU (Nephelometric Turbidity Units) shall not be exceeded, as
described in 15 A NCAC 2B .0211(k). Appropriate sediment and erosion control practices shall be used
to ensure compliance with this standard.
16. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning season from October 15th through April 15th to protect the egg and fry stages of trout.
17. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the 9401 Certification has been completed.
This certificate should be returned to the 401lWetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing
all restored stream reaches,
If you do not accept any of the conditions of this certification, 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
tku~
{_Alan W. Klimek, P.E,
A WK/cdl
Attachments
cc: Steve Chapin, U. S, Army Corps of Engineers, Asheville Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Jan Gay, Environmental Services, Inc. 1456 Patton Avenue, Suite C, Asheville, NC 28806
Triage Check List
Date:
8/26/05
Project Name: Watauga County EWP Dutch Creek
DWQ#: 05-1626
County: Watauga
Daryl Lamb, Winston-Salem Regional Office
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To:
60-day processing time:
8/25/05 - 10/23/05
From: Cyndi Karoly Telephone: (919) 733-9721
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?
Cumulati ve 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!
ENVIRONMENTAL SERVICES, INC.
1456 Patton Avenue, Suite C
Asheville, North Carolina 28806
828-254-0811/ Facsimile 828-254-0812
www.esinc.cc
MEMORANDUM
TO:
Cyndi Karoly
.!
2 005 1 626
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FROM:
J an Gay
DATE:
25 August 2005
RE:
Dutch Creek, Watauga County EWP
Attached are five copies of the Nationwide Permit #37 for the Emergency Watershed Protection
project in Watauga County, North Carolina.
A courtesy copy is being forwarded to the Winston-Salem DWQ representative. One copy has
been sent to Steve Chapin (CaE Asheville) and one (1) copy is being provided to Ron Linville
(WRC) for review.
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1.
Pre-Construction Notification (PCN) Application FonnOffice Use Only:
Form Version March 05
20051626
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A",)
I.
Processing
1. Check all of the approval(s) requested for this project: ' -, , ,j .
~ Section 404 Permit D Riparian or Watershed Buffer Rules
D Section 10 Permit D Isolated Wetland Permit from DWQ
~ 401 Water Quality Certification D Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: D
II.
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 her.~: ..9 _, . _ ,'_ '_\
Applicant Information ~,j [01 \~;; L~~ U \j \~'l \,'\
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AUG ~~ 5 2DOS
1. Owner/Applicant Information
Name: Deron Geoque
Mailing Address: 842 West King Street
Boone. NC 28607
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Telephone Number:
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jan Gav
Company Affiliation: Environmental Services. Inc.
Mailing Address: 1456 Patton Avenue. Suite C
Asheville. NC 28806
Telephone Number: 828-254-0811
E-mail Address:jgay@esinc.cc
Fax Number: 828-254-0812
Page I of8
J.
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale an~ north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined, For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: WataU!!a County Emergency Watershed Protection
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): See Attachment A
4. Location
County: WataU!!a Nearest Town: Valle Crucis
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.20940N. 81.77780W
6. Property size (acres):
7. Name of nearest receiving body of water: Dutch Creek
8. River Basin: Watauga River
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Attachment B
10. Describe the overall project in detail, including the type of equipment to be used: The
proiect will require the use of hand tools and heavy equipment, including front end loaders
and backhoes with hydraulic thumbs. All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels,
Page 2 of8
11. Explain the purpose of the proposed work: To protect property and restore damaged stream
channels to the stable, pre-storm condition, utilizin~ natural channel desic:n to the best extent
practical.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/ A
v. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application,
N/A
VI. Proposed Impacts to 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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: See Attachment B for each separate
proiect description.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
I r' d b h d fl d'
separate y 1st Impacts ue to ot structure an 00 mg.
Wetland Impact Type of Wetland Located within Distance to Area of
IOO-year Nearest Impact
Site Number Type of Impact (e,g" forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
Page 3 of8
4. Individually list all intermittent and pereImial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g" cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
b . I d d T I I I . I I I X 'd I I d"d b 43560
must e mc u e . o ca cu ate acreage, mu tip y engt 1 WI t 1, t len IVI e y ,
Stream Impact Average Impact Area
Number Stream Perennial or of
(indicate on Name Type of Impact Intennittent? Stream Width Length Impact
map) Before Impact (linear feet) (acres)
Dutch Bank stabilization,
1 Creek revegetation, install 1 cross P 50 1,200 1.38
vane, 4 ]-hooks, 2 Deflectors
Total Stream Impact (by length and acreage) 1,200 1.38
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill . d d' fl d' d' b lkl d
1 , excavatIOn, re gm~, 00 mg, rama~e, u . lea s, etc.
Open Water Impact Name of Water body Type of Water body Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc,) (acres)
Total Open Water Impact (acres) 0
6. Listth
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e cumu atIve Impac to a aters 0 t e . . resu tmg rom t e pro] ect:
Stream Impact (acres): 1.38
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 1,200
7. Isolated Waters
Do any isolated waters exist on the property? DYes [2] No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is 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
Page 4 of8
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e,g" livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed proiects will
take place within areas impacted by hurricanes during 2004.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15,2002, 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 NCEEP 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.enr.state.nc.us/ncwet) ands/ stnn gj de. htm I.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
Page 5 of8
preservation mechanism (e,g., deed restnctIOns, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet ifmore space' is needed. No mitil!ation is proposed for this proiect
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc,us/\'vTp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ~ No D
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes D No ~
3. 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 D No D
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes D No ~
Page 6 of8
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i,e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious surfaces will be constructed for
this proiect.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation ofDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No ~
Is this an after-the-fact permit application? Yes 0
No ~
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes 0 No ~
Page 7 of8
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr,state,nc.us/ncwetlands. Ifno, please provide a short narrative description:
xv. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e,g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
See Attached Narrative,
.,/ //, ~
! -/fr//' ,%, 2'-l ~L'~'U .,/ 2d>,)"
~/ A plicant/Agent's Signature Da e
/ (Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of8
Emergency Watershed Protection Program
Watauga County, North Carolina
Dutch Creek
Attachment B
One reach of Dutch Creek in Watauga County, North Carolina is targeted for repair under
the Emergency Watershed Protection program. The stream, Dutch Creek, from SR 1112
to the Watauga River, has a Best Usage Classification ofB;Tr, and is a designated Trout
Water. A brief project description follows.
The Dutch Creek Site is approximately 1,200 linear feet in length. Proposed work for
this reach includes bank stabilization and revegetation, debris removal, and construction
of seven in-stream structures, including four J-hooks, one cross-vane, and two rock
deflector arms. Adjacent land use for this property is mainly commercial agriculture,
with a portion of the adjacent land containing a local school.
Attachment A
Hominy Creek, South Hominy Dutch Creek
Site Landowner Address PIN LatILong
Copper, John & Faye Box 714 1970-9l!-7112-000,
Valle Cmcis NC 1970-97-7341-000
Mast, Sarah C Box 755 1980-06-9874-000
Valle Cmcis NC
Taylor, Nina llox 644 36,2094ON,
Valle Cnlcis NC
Valle Landing U\'<TICfS Box 554 81.7778OW
Association Valle Cmcis NC
Watuaga Board of Box 1790
Education Boone, NC 28607
Receiving Water
Dutch Creek
Emcrgency Watcrshed Protcction
Watauga County
Trout
Wa r
Yes
No
1200
Yes
Yes
Yes
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GEOMETRY
EXlSTlNG EQUATIONS TARGET
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Pre-Construction Notification (PCN) Application FormOffice Use Only:
Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
2 0 0 5 1 6 2 6
I. Processing
1. Check all of the approval(s) requested for this project:
~ Section 404 Permit 0 Riparian or Watershed Buffer Rules
o Section 10 Permit 0 Isolated Wetland Pennit from DWQ
~ 401 Water Quality Certification 0 Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 37
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: 0
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: 0
II.
Applicant Information
I ~'\~ [,-J G"; iT:': ~;
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1. Owner/Applicant Information
Name: Deron Geoque
Mailing Address: 842 West King Street
Boone. NC 28607
IL\ U G .:~ 5
lUGS
',..:.;;", ~'.:.,"; ,'..
Telephone Number:
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jan Gay
Company Affiliation: Environmental Services, Inc.
Mailing Address: 1456 Patton Avenue. Suite C
Asheville. NC 28806
Telephone Number: 828-254-0811
E-mail Address:igav@esinc.cc
Fax Number: 828-254-0812
Page 1 of8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale an~ north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be infom1ed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Watamm County Ememency Watershed Protection
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): See Attachment A
4. Location
County: Watauga Nearest Town: Valle Crucis
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.20940N, 81.77780W
6. Property size (acres):
7. Name of nearest receiving body of water: Dutch Creek
8. River Basin: Watauga River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httD://h20.enr.state,nc,us/admin/mups/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Attachment B
10. Describe the overall project in detail, including the type of equipment to be used: The
proiect will require the use of hand tools and heavY equipment. including front end loaders
and backhoes with hydraulic thumbs. All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels.
Page 2 of8
11. Explain the purpose of the proposed work: To protect property and restore damaged stream
channels to the stable. pre-stonn condition. utilizing natural channel design to the best extent
practical.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/ A
v. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intennittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: See Attachment B for each separate
proiect description.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
I r' d b h d f1 d'
separate y 1st Impacts ue to ot structure an 00 mg.
Wetland Impact Type ofWctland Located within Distance to Area of
I DO-year Nearest Impact
Site Number Type of Impact (e,g" forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc,) (yes/no) (linear feet)
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
Page 3 of8
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e,g" cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
b . I d d T I I I . I I h X 'd h th d"d b 43 560
must emc u e . o ca cu ate acreage, mu hplY engt WI t , en IVI e y ,
Stream Impact Average Impact Area
Number Stream Perennial or of
(indicate on Name Type of Impact Intenl1ittent? Stream Width Length Impact
map) Before Impact (linear feet) (acres)
Dutch Bank stabilization,
1 Creek revegetation, install 1 cross P 50 1,200 1.38
vane, 4 J-hooks, 2 Deflectors
Total Stream Impact (by length and acreage) 1,200 1.38
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill . d d' fl d' d' b lkh d
1 , excavatIOn, re gmg, 00 mg, ramage, u . ea s, etc.
Open Water Impact Name of Water body Type of Water body Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc,) (acres)
Total Open Water Impact (acres) 0
6. List th
I .
llW
f h US
I' fI
e cumu atlve Impact to a aters 0 t e , . resu tmg rom t Ie proJect:
Stream Impact (acres): 1.38
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 1,200
7. Isolated Waters
Do any isolated waters exist on the property? D Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is 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
Page 4 of8
Describe the method of construction (e,g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e,g" livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
teclmiques to be followed during construction to reduce impacts. The proposed proiects will
take place within areas impacted bv hurricanes during 2004.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15,2002, 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 NCEEP 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 Teclmical Guide for Stream Work in North Carolina, available at
http://h20.em.state.nc,us/ncwetlands/5tl"m gi de, 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,
Page 5 of8
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. No mitigation is proposed for this proiect
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this fonn. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h20.enr.state,nc,us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ~ No D
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes D No ~
3. 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 D No D
x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes D No ~
Page 6 of8
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (Le.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious surfaces will be constructed for
this proiect.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation ofDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~
Is this an after-the-fact permit application? Yes D
No ~
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes D No ~
Page 7 of8
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our web site at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
xv. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e,g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
See Attached Narrative.
.,/' ,/,. ~
/ ~#// ,%, :JLl ~t.'~'U .,f 2P>r
~/ A plicant/Agent's Signature Da e
/ (Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 80f8
Emergency Watershed Protection Program
Watauga County, North Carolina
Dutch Creek
Attachment B
One reach of Dutch Creek in Watauga County, North Carolina is targeted for repair under
the Emergency Watershed Protection program. The stream, Dutch Creek, from SR 1112
to the Watauga River, has a Best Usage Classification ofB;Tr, and is a designated Trout
Water. A brief project description follows.
The Dutch Creek Site is approximately 1,200 linear feet in length. Proposed work for
this reach includes bank stabilization and revegetation, debris removal, and construction
of seven in-stream structures, including four J-hooks, one cross-vane, and two rock
deflector anTIS. Adjacent land use for this property is mainly commercial agriculture,
with a portion of the adjacent land containing a local school.
Attachment A
Hominy Creek, South Hominy Dutch Creek
Site Landowner Address PIN LatILong
Copper, John & Faye Box 714 1970-98-7112-000,
Valle emcis NC 1970-97-7341-000
Mast, Sarah C Box 755 1980-06-9874-000
Valle Cmcis NC
Taylor, Nina Box 644 36.2094ON,
Valle emcis NC
Valle Landing O\'mcrs Box 554 81.7778OW
Association Valle em cis NC
Watuaga Board of Box 1790
Education Boone, NC 28607
Receiving Water
Dutch Creek
Trout
Water
Yes
Emergency Watcrshcd Protcction
Watauga County
IlQW
In-stream
llank
Debris
emova1
No
1200
Yes
Yes
Yes
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TABLE
HYDRAULIC
GEOMETRY
EXISTING EOUATIONS TARGET
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I~B91
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