20051731 Ver 1_Complete File_20050915

??.? 05- 1'13 f
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
September 23, 2005 212@20Yffly
Mr. Steve Chapin 0 C T 1 3 2005
U.S. Army Corps of Engineers, Regulatory Branch ?ENR - WA7ER aUAtn v
151 Patton Avenue, Room 208nWDSANDST
olulwgTER B
Asheville, North Carolina 28801-5006
SUBJECT: Watauga County Soil & Water Conservation District (WCSWCD)
Emergency Work Projects (EWP), Cove Creek Sites, CC1, CC2, DWQ
No. 20051731, Watauga County
Dear Mr. Chapin:
WCSWCD and North State Environmental in conjunction with Wolf Creek Engineering are
requesting concurrence from the North Carolina Wildlife Resources Commission
(Commission) for the referenced 404 Permits from the U.S. Army Corps of Engineers. We
reviewed the applications and are familiar with the project areas. Our comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-
667d).
The projects are indicated as necessary to restore and stabilize hurricane damaged channels
using natural channel design techniques. The project covers 1900 linear feet of channel.
Fishery biologists are familiar with aquatic habitat conditions in Watauga County streams
and are concerned with the large amount of stabilization activities proposed on some streams
where conditions may or may not have significant hurricane or flood damage. Fishery
biologists are very concerned about the indicated length and cumulative impacts of this
project.
Cove Creek is Hatchery Supported Designated Public Mountain Trout Water. Wild Brown
trout are known for the. area. Exigencies and emergency work require prompt action.
However, even on these, natural stream design techniques and materials should be used. All
stream work should use best management practices during construction such as minimization
of excavation in flowing water. Also, berm construction and excavation to below pre-storm
bed channel contours should be avoided.
The Commission is concerned about impacts to habitats for trout and other aquatic resources
and supports efforts to reduce stream bank erosion. We are concerned about short-term
effects of stabilization projects and the need for protective measures that promote their long-
term effectiveness. Except for landslide areas, much of the stream damage that occurred in
the mountain region from the recent flood events was in areas where stream-side vegetation
was absent or diminished. It appears that some of the affected areas did not have sufficient
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]

Watauga County EWP, CC1 & CC2 Page 2 September 23, 2005
stream side naturally forested buffers. Accordingly, Commission biologists strongly
encourage the restoration of vegetated zones along EWP repair sites as described in the
following recommended conditions and the use of permanent protective requirements on
these areas with either conservation easements or deed amendments where possible. We feel
that these long-term stabilization efforts and riparian protection measures are particularly
important since the projects are publicly funded.
The Commission will not object to the issuance of 404 Permits for these projects provided
the following non-prioritized conditions, which we feel will reduce effects on resources and
provide better stabilization and habitat benefits, are attached to the permit and implemented:
1. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Sediment and erosion control measures shall
adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124) in and
above known state and federal listed species habitats.
2. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through April 15 to
protect the egg and fry stages of trout.
3. 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 areas 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. Because of difficulty in
establishing ground cover during colder months, reseeding should be conducted as
necessary with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
4. 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 realigned
stream channel reaches to improve channel stability and aquatic habitat. Any 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.
5. Channels should be restored to more stable and natural conditions. Under no
circumstances should river rock, sand or other materials be dredged from the stream
channels 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 armoring. 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 areas should not be modified by
widening the stream channel or changing its depth.
6. 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.
Watauga County EWP, CC1 & CC2 Page 3 September 23, 2005
Backfill materials should be obtained from upland sites except in cases where excess
stream bed materials are available. Berms should not be constructed because they
block the floodplain, constrict and accelerate flood flows, and often erode and impede
drainage during large flood events.
7. 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 and rock debris
removals should be constructed by excavating from downstream to upstream before
reconnecting to stream flow at the upper end of the site. Edging the area prior to
backfilling can be used to separate waters from the work area.
8. 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 channels must be
clean, new or low hour equipment. Petroleum spill containment equipment should be
readily available on the work site to contain any spills.
9. Disturbed stream banks and a twenty-foot (25) vegetated zone, or the widest width
practical, should be restored where possible along the repair 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) in order 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 banks in these areas should also be seeded with a native
annual and perennial seed mix with a temporary nursery crop of wheat, millet or other
grain.
10. Hard bank stabilization practices should be avoided whenever possible. Natural
stream design restoration or bioengineering techniques must be maximized. In order
to restore aquatic functions that were diminished or lost during recent flood events,
project design and construction activities should not exclude the installation of
bioengineering devices like j-hooks, rock vanes and/or rock weirs using state-of-the-
art natural channel design techniques where such structures will restore stability as
well as restore fish holding habitats and channel structure.
11. Under no circumstances should streams be channelized or straightened. Alternative
activities or unauthorized impacts to waters or wetlands must not occur.
12. Due to the large linear footage of most of these projects, efforts should be provided to
minimize total disturbance and impacts. In addition due to the length of this project,
work should be phased so that each portion of a project is completed and adequately
stabilized prior to beginning another stream section. The area of work should be
limited to a pre-specified linear footage at the discretion of regulatory agencies and as
required pursuant to the NC Division of Land Resources (DLR) buffer requirements
where applicable. Mr. Matt Gantt, Regional Engineer with DLR may be contacted at
336-771-4600 to discuss these buffer requirements.
13. Instream work in or above areas supporting listed aquatic species must be coordinated
with the US Fish and Wildlife Service. These areas have been previously indicated
during EWP pre-application processes.
14. Where livestock grazing or pasturage is available, a minimum of the twenty-five (25)
foot trout buffer should be provided as undisturbed forested buffers. These buffers
should be protected by adequate livestock exclusion fencing and the provision of non-
loafing cattle crossings and alternate water sources whenever possible.

Watauga County EWP, CCI & CC2 Page 4 September 23, 2005
As state and federal funds are being expended for these activities, we routinely recommend
that 50' foot intermittent and 100' perennial buffers be naturally vegetated buffers or
maximum available forested buffers be provided. These should be permanently protected
through deed restrictions, conservation easements or other enforceable methods. A minimum
of the twenty-five (25) foot trout buffer would be an improvement over grassed vegetation as
firmly established, large woody root mass helps maintain long-term stream stability.
Thank you for the opportunity to review and comment on this project. Pending availability
of field staff, the Commission may inspect the work site during or after construction. If there
are any questions regarding these comments, please contact me at 336-769-9453.
Sincerely,
Ron Linville
Regional Coordinator
Habitat Conservation Program
Ec: Cyndi B. Karoly, DWQ
Daryl Lamb, DWQ-WSRO
Matt Gantt, DLR-WSRO
of W ATF9
Q.
? r
O 'C
Mr. Deron Geouque
Assistant County Manager
Watauga County
842 West King Street, Suite 1
.Boone, NC, 28607
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q
OCT 1 ? 2005
S WSAOMD S7 5k" JBR BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Geouque:
Alan W. Klimek, P.E. Director
Division of Water Quality
October 6, 2005
DWQ# 05-1731
Watauga County
Watauga County has our approval to conduct stream channel and bank stabilization and restoration activities,
in accordance with the attached conditions, along a total of 1,900 linear feet of Cove Creek, located along
"Old" U. S. Highway 421 beginning in the area of, and downstream from, Vanderpool Road in the Sherwood
community, Watauga County, as described in your application received by the Division of Water Quality on
September 15, 2005. After reviewing your application, we have determined that this activity is covered by
General Water 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 1,900 linear feet Cove Creek along "Old" U. S. Highway 421
as depicted in the aerial photograph DSR#
CC1 submitted with the PCN application

k, orthCarolina
Ivatura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:h2o.enr.state.nc.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Mr. Deron Geouque
Page 2, DWQ# 05-1731
October 6, 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# 05-1731
October 6, 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
(htlp://h2o.enr.state.nc.us/wrp/i)df/buffers.i)d f J.
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# 05-1731
October 6, 2005
waters, the turbidity standard of 50 NTU (Nephelometric Turbidity Units) shall not be exceeded, as
described in 15 A NCAC 2B .021 l(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 §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands 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 Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
A Alan W. Klimek, P.E.
AWK/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
Dani Wise Johnson, North State Environmental, Inc., 2889 Lowery Street, Winston-Salem, NC 27101
A
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
October 6, 2005
DWQ# 05-1731
Watauga County
Mr. Deron Geouque
Assistant County Manager
Watauga County
842 West King Street, Suite 1
Boone, NC, 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Geouque:
Watauga County has our approval to conduct stream channel and bank stabilization and restoration activities,
in accordance with the attached conditions, along a total of 1,900 linear feet of Cove Creek, located along
"Old" U. S. Highway 421 beginning in the area of, and downstream from, Vanderpool Road in the Sherwood
community, Watauga County, as described in your application received by the Division of Water Quality on
September 15, 2005. After reviewing your application, we have determined that this activity is covered by
General Water 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 maybe 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 1,900 linear feet Cove Creek along "Old" U. S. Highway 421
as depicted in the aerial photograph DSR#
CC1 submitted with the PCN application

NOne Carolina
?t2;
ur
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet htta//:h2o.enr.state.nc.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Deron Geouque
Page 2, DWQ# 05-1731
October 6, 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# 05-1731
October 6, 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.
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
(htti)://h2o.enr.state.nc.us/wrp/pdf/buffers.pdf).
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 I" 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# 05-1731
October 6, 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 15`h 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 §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands 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 Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
Alan W. Klimek, P.E.
AWK/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
Dani Wise Johnson, North State Environmental, Inc., 2889 Lowery Street, Winston-Salem, NC 27101
Triage Check List
Date: 9/16/05 Project Name: Watauga Co EWP Cove Creek Restoration
DWQ#: 05-1731
County: Watauga
FILL
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 9/15/05 -11/13/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
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!
WOLF= CREEK ENGINEERING, PLLC
September 12, 2005
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
To Whom It May Concern:
20051 7 31
I L E t;0 r
Enclosed is a permit package for stream restoration work on Cove Creek in Watauga
County. This project is funded through the Emergency Watershed Protection (EWP)
being administered by Watauga County. If you have any questions related to the permit
package, please contact Dani Johnson at either dwjohnson@wolfcreeken .com or 919-
656-2554.
Thank you,
Dani W. Johnson
Wolf Creek Engineering
SEp 1 5 ???S
2705 RUSTIC BRICK ROAD RALEIGH, NC 27603
www.wolfcreckeng.com

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 5 17, 3 1
kl. any patLm;unu num ?s not appucame to Ems project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW JZ
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
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: ?
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) Qheck he e % s
II. Applicant Information tP 7?Q5
S
1. Owner/Applicant Information 1-1-Y Name: SPA cc 4 n chej leper o?' a uTvzw rl ZcChk)
uta X"ly?'SS 4
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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: _ DA1-11 WI Sb{t1 ?1J
Company Affiliation: tjoRm 4 6srATE I;NV?Rc?tJM '?7?L- f I t?G VQLF=C aL FW11 LVE@Wq
Mailing Address:_2b8q l?(xNER?( s-t'. ?, ,t tTF (3
W t tJST Stit t NG 2.7101
Telephone Number: S-50 7*26-?40G Fax Number: 3-:30 -'715- 2010
E-mail Address: JW I OI nc_cnj2 1NOl-PC,r,P ey1q • CZv1A
Page 5 of 12
III. Project Information
Attach a vicinity map_ clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS 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 of project: COVE C.tREE1L LNp
2. T.I.P. Project Number or State Project Number (NCDOT Only): !JJ
3. Property Identification Number (Tax PIN):
4. Location
County: V- rW ? Nearest Town: B000 e
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): 1= r0m r?.,.?: -rays, --37.1
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): 3(0 ° I U' 0'7 °N b I ' 410 ` 45' OW
6. Property size (acres): 0.9 ac4 _s
7. Name of nearest receiving body of water: GbQF_ CAzux
8. River Basin: _1 JAmALA ,;t,. R.We?2
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.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 aunlication: lard lA5e_ arlar,cQrr4-rl o-hnp_c?x e?wi? ffinru.Nuval W.4
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be
-5twam M;s ate, a rd f& 19i I i 2aho?t avlic+ '114&-1- W, l l MCI c,j I i p-t
11. Explain the purpose of the proposed work: -1 i -1 r
nlroAV 1/l/R1AA T.A Ws/?wn 1 _....n n@-1i -l_II 1IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
_l\1/fit
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 (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wedand 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:
401,
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flnodino
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
?? lain
(odplai Distance to
Nearest
Stream
(linear feet) Area of
Impact

(acres)
fJ ?

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: OJ bvle_
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
must be included. To calculate acreage. multinly length X width- then divide by a1 560
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact or
Perennial oIntermittentr Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
tA/N

Total Stream Impact (by length and acreage)

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging. flooding. drainage- hulkheadc_ etc_
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the roiect.
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) -
Total Stream Impact (linear feet): --
7. Isolated Waters
Do any isolated waters exist on the property? ? 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.
N,/A
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. 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.
Page 9 of 12
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://h2o.enr.state.nc.us/ncwetlands/strmRide.htn-d-
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
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to 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/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):
Page 10 of 12
IX.
X.
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 ?
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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No 0
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 ? No El 01A,
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No [Vi
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.
3.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Zone* I (sauaeafeet) I Multiplier I Mitii2 t on
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.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 12
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. W&
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.
1J /A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No K
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 ? No Z
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. 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).
We, wbu jVZ -M DefWM_Mie, t/Va1V__ P!n?? -fD 6C4-. is diAI, -tD-tW__1
?1'va„tt ?o?u-tnnwut clt?rCttc.1 srnwv?ir? ?i,5brt bct ts-??11?) -
` -ApplicantIA44nt's Signature 'D Ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
CG l
LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP)
The undersigned landowners hereby grant permission to the Watauga County Commissioners,
the Watauga County Soil and Water Conservation District and/or their agents to enter upon our
land for the purpose of repairing the flood damage caused by the flash floods on September 8
and September 17, 2004 in Watauga County. We do further authorize those persons designated
by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting
Officer to act as agent on our behalf with regard to obtaining permits as required for the
performance of repairs.
This permit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed and mulch, and perform similar emergency watershed protection work
necessitated by the floods of September 8 and September 17, 2004.
This permit also includes the right of ingress and egress on the land for the purpose of
maintaining the emergency works for the period of 1 year from the date of completion. Work
areas covered by this permit are sketched on the reverse of this form.
This permit does not provide confirmation that the subject site is eligible for Emergency Funds
nor does it encumber funds for any repair work at this site.
As part of the consideration for the services referred to herein, the landowner agrees to hold
harmless and indemnify Watauga County Commissioners, Watauga County, Watauga. County
Soil and Water Conservation District and all their agents, servants and employees as set forth
herein from any and all damages, claims, attorney's fees and any other costs and expenses
resulting from said services.
?_ ?? kGtl y 13 CL-C wc.s
Mailing Address lease rint N2-% 7 o t A w `-12..1
iii
\ 9 C?Z ' d ? -\LII 47" -00 v
re N 0
A%47

J AN
Name (please print)
LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP
The undersigned landowners hereby grant permission to the :Watauga`County' Commissiohers,
the Watauga County Soil and Water Conservation. District andlor.theiragents to enter upon our
land for the .purpose. of repairing the flood damage., caused by the flash floods on September 8
and September.17, 2004 in-Watauga County.. We do further authorize those persons designated
by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting
Officer to act as agent on our behalf with regard to obtaining permits as required for the
performance of repairs.
This permit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed , and mulch, and perform similar emergency watershed protection work
necessitated by the floods of September 8 and September 17, 2004.
This permit also includes the right of ingress and egress on the land for the purpose of
• maintaining the emergency works for the period of 1 year from the date of completion. Work
areas covered by this permit are sketched on the reverse of this form.
This permit does not provide confirmation that the subject site is eligible for Emergency Funds
nor does it encumber funds for any repair work at this site.
As part of the consideration for the services referred to herein, the landowner agrees to hold
harmless and indemnify Watauga -County Commissioners, Watauga County,. Watauga County
Soil and Water Conservation District and all their agents, servants and employees as set forth
herein from any and all damages, claims, attorney's fees and any other costs and expenses
resulting from said services.
# 933,:4-
Mailing Address lease print)
Phone Numher
Signature Date
5,3 Yi f'? ?? ??p~
U V
r 11ullu IN Urnuer '7 -? - :? V,7-,5_61 7
Si.enature ? o s / e Gp, , Date I D?h

United States Department of the Interior
FISH AND WlLDL1FE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
April 26, 2005
Mr. Derek Goddard
District Technician
Watauga Soil and Water Conservation District
971 West Bing Street
Boone, North Carolina 28607-3468
Dear Mr. Goddard:
On February 4, and April 6, 2005, we received the Emergency Watershed Protection (EWP) Program
Site Environmental Review Checklists for the following sites in Watauga County, North Carolina:
SITES
MC 1, UCC 1 ULC 1
WL UWFWTF - LLG 1-6 .. .
CC 1-4 UW 1-11 BF 1-3
MG 1 WR 1 LCOC 1-2
CJ 1-2 UW 12-14 DCRE
OW 1 SSD 1 DC 1-3
ZV 1 SDC 1 LCR 1
RE 1 MMC 1 CLC 1
M1 UBC1
VC 1 AH 1
We have reviewed the site descriptions and proposed measures described in the checklists. The
following comments are provided in accordance with the Migratory Bird Treaty Act (16 U.S.C. 703,
et seq.); section 7 of the Endangered Species Act of-1973, as amended (16 U.S.C. 1531-1543) (Act);
and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) (FWCA): -
Emergency Watershed Protection. Flood 'damage to stream banks and channels occurred.in the
watersheds of several streams in western North Carolina from extreme flows during and following

extensive rainfall associated with the two storms in September 2004. Assistance to North Carolina
counties is proposed under the EWP Program of the Natural Resources Conservation Service
(MRCS). According to 7 CFR, Part 624.2, "The objective of the EWP program is to assist in
relieving imminent hazards to life and property from floods and the products of erosion created by
natural disasters that cause a sudden impairment of a watershed." '
We previously provided the following recommendations to minimize and avoid potential adverse
impacts to fish and wildlife resources:
Stream Channel and Bank Reconstruction/Restoration Activities. These
guidelines are the criteria that we believe need to be met in order to minimize
environmental impacts. If an applicant agrees to follow these guidelines, this
letter may serve as evidence of consultation under the FWCA, and further
consultation with us under the FWCA will not be necessary (unless the NRCS
desires additional input).
• Recommended Native Plant Species for Stream Restoration in North Carolina.
We recommend the use of native plants in restoration and erosion-control efforts.
This document provided a list of suitable species and sources.
Endangered Species. According to our records, recent field surveys, and a review of the
information you provided, no listed species or their habitats occur on any of the sites listed above.
We concur with the determination that the activities proposed at these sites will not affect endangered
or threatened species or their habitats. Therefore, we believe the requirements under section 7 of the
Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical habitat in
a manner not previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may be
affected by the identified action.
If we can be of any assistance or if you have any questions, please do not hesitate to contact
Mr. Mark A. Cantrell of our staff at 828/258-3939, Ext. 227. In any future correspondence
concerning this project, please reference our Log Number 4-2-05-149.
Sinc ely,
Brian P. Cole
Field Supervisor
cc:
Mr. Scott McLendon, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources Commission,
20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Mr. Mike Hinton, Natural Resources Conservation Service, 4405 Bland Road, Suite 205,
Raleigh, NC 27609
a
S 'C
August 29, 2005
OFFICE OF T
WATAUGA COUNTY COU
NTYMANAGER
Courthouse, Suite 1- 842 West King Street - Boone, NC 28607 - [phone]
TDD 1-800-735-2962 - Voice 1-800-735-8262 - FAX [phone]
To Whom It May Concern,
Please accept this letter as authorization for North State Environmental Inc. to represent Watauga
County in all EWP permitting related documents for the site known as CC I.
Thank You
Deron Geouque
Assistant County Manager
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Moroholoaical Characteristics of the Existing Proposed and Reference Reaches
Cove Creek, Watauga Co., North Carolina
Variables Exi sting
Lower Reach Middle Reach Proposed Reference
1. Stream Type F4 64c 84c 64c
2. Drainage Area (mi.) 20 20 20 6.5
3. Bankfull Width 86 43 46 32.1
4. Bankfull Mean Depth Dbk 1.9 3.7 3.4 2
5. Width/De th Ratio 45 11.6 13.5 16.1
6. Max Riffle Depth Ratio Dmax/Dbk 1.8 1.2 1.32 1.4
7. Bankfull Cross-Sectional Area Abk 160 160 160 65.6
8. Bankfull Mean Velocity Vbk 5.0 5.0 5.0 4.6
9. Bankfull Discharge Qbk 800 800 800 304
10. Bankfull Maximum Depth Dmax 3.4 4.5 4.5 2.8
11. Width of Flood prone Area (Wfoa) 88 59 65 - 87
12. Entrenchment Ratio (Wfpa/Wbkf) 1.0 1.4 1.4-1.9
13. Meander Length Lm 360 170 210 551
14. Meander Length Ratio (Lm/Wbkf) 4.2 4.0 4.6 17.2
15. Radius of Curvature (Rc 85 85 - 280 85 - 150 71.2
16. Radius of Curvature Ratio Rc/Wbk 1.0 2.0-6.5 1.8-3.3 2.2
17. Belt Width (Wbft) 120 55 72 120
18. Meander Width Ratio (Wblt/Wbk? 1.4 1.3 1.6 3.7
19. Sinuosity K 1.2 1.2 1.2
20. Valle Slope 0.0036 0.0036 0.0036 0.0089
F. Average Slope Sav 0.005 0.005 0.005 0.0095
22. Pool Slope (Spool) 0.0025 0.0025 0.0025 0.004
23. Pool Slope Ratio S ool/Sav 0.5 0.5 0.5 0.42
24. Max. Pool Depth D ool 5.4 6.0 6.0 4.4
25. Pool Depth Ratio (DpooVDbkf) 2.8 1.6 1.5 2.2
26. Pool Area Ratio (Apool/Abkf) 1.0 1.0 1.0 1.1
27. Pool Length Ratio L ooVVVbk 0.8 1.5 1.3-1.6 1.1-2.1
28. Pool Width (Wpool) 76 46 46 27.3
29. Pool Width Ratio (WpooWVbkf) 0.9 1.1 1.0 0.9
30. Pool-Pool Spacing - 200 200 - 350 184 - 230 60 - 234
31. Pool Spacing Ratio - Mlb 2.4 4.7-8.1 4-5 1.9-7.3
Materials:
1. Particle Size Distribution
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TYPICAL POOL SECTION
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J-HOOK VANE - PLAN
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Office Use Only: Form Version March 05
2 p p 5 ?
USACE Action ID No. DWQ No ? 3 1
(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:
® Section 404 Permit 0 Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:Nyq
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
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: ?
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 MpaillementI t
a-o
Environmental Concern (see the top of page 2 for further details), chec , 1.1. sr 11;
II. Applicant Information SEP 1 5 2005
CER -' '` ATE QUALITY
1. Owner/Applicant Information -,
ER Ez
;ti,?;.,v??
Name: Sew ct%CJ/1ecJ 16
?le ol= au-C?w?ri zahan Ap=ch-x u A
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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: DA tJ I Wig nt t Went ,J
Company Affiliation: W09*4 GsrAl e 5W\1ie AgE13"t'AL- , / n1G V1I?CgQX e rt LSE@ Nq
Mailing Address:_22?8q 1,oWe R S-r. ?, t i-rF (3
- W I tJSTta- Soil a t-? Z71 of
Telephone Number:_ S-50- 72-6- 24OG Fax Number: 3-:30- ?Z5'- 201D
E-mail Address: W 1 o W6Wc.rSJc,2,yiq . (.owl
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS 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 of project: COVE C RE04, EW P
2. T.I.P. Project Number or State Project Number (NCDOT Only): WA
3. Property Identification Number (Tax PIN):
4. Location
County: 1/JAr-tNtA&rA Nearest Town: (3000 a
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): 1'votA r arer : U, --37,1
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 waterbod .)
Decimal Degrees (6 digits minimum): 310 ° 1U' 07' ON °W
6. Property size (acres): O.cl ACyt°5
7. Name of nearest receiving body of water: -BUG C.12I
8. River Basin: VN1Armu&? 2\Vta2
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mans/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this applicationjond Uee- ada[??c?rt F--t 0-tY?Crt92Jc-1s XviOMu UVcd WJ
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be
-5tN-O-M ?s't?vai?o?10,rd sfubil1u KY) evu,Kc+ 'hna-f w',il MCIUIi?-
11. Explain the purpose /d? of the proposed work:_Tv%n f?u?,P, j,&-tp r?frda&tQc}Z-tb-tl?
/I-Mflv t1'1/[nnT w IN-w 1 • _ ..i. -.1 _1 Tr,. 1-
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N,A
V. Future Project Plans
Are any future permit requests anticipated for 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 (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
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not 'limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located Within
100-year
n
Flo(odplaiodptai Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N A?

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: ?J 6Y1er
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
must be included. To calculate acreage. multiply length X width- then divide by Al SAn
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact or
Perennial oIntermittentr Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

I /
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding. drainage. hulkheadc_ etc_
Open Water Impact
Site Number

(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact
y? Pact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resultin from the roiect..
Stream Impact (acres): -
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) -
Total Stream Impact (linear feet): --
7. Isolated Waters
Do any isolated waters exist on the property? ? 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.
OIZa
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. N/A
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.
Page 9 of 12
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://h2o.enr.state.nc.us/ncwetlands/strmgide.htn-d.
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
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to 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/wM/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):
Page 10 of 12
IX.
X.
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 ?
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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No 0
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 ? No ? 01A.
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.
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 V Yes ? No
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.
3.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Required
Zone* I (square Impact
feet) I Multiplier I 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.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration ,
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B.0242 or.0244, or.0260.
Page II of 12
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. WiL,
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 of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No K
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 ? No
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
ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
Applicant/A iit's Signature D to
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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).
CG ?
LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP)
The undersigned landowners hereby grant permission to the Watauga County Commissioners,
the Watauga County Soil and Water Conservation District and/or their agents to enter upon our
land for the purpose of repairing the flood damage caused by the flash floods on September 8
and September 17, 2004 in Watauga County. We do further authorize those persons designated
by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting
Officer to act as agent on our behalf with regard to obtaining permits as required for the
performance of repairs.
This permit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed and mulch, and perform similar emergency watershed protection work
necessitated by the floods of September 8 and September 17, 2004.
This permit also includes the right of ingress and egress on the land for the purpose of
maintaining the emergency works for the period of 1 year from the date of completion. Work
areas covered by this permit are sketched on the reverse of this form.
This permit does not provide confirmation that the subject site is eligible for Emergency Funds
nor does it encumber funds for any repair work at this site.
As part of the consideration for the services referred to herein, the landowner agrees to hold
harmless and indemnify Watauga County Commissioners, Watauga County, Watauga County
Soil and Water Conservation District and all their agents, servants and employees as set forth
herein from any and all damages, claims, attorney's fees and any other costs and expenses
resulting from said services.
Name lease rint J o"c.'y-- V--rX y 13 02-C
Mailing Address (please print) ? Z1, 7 &1A k} %r•y %,I7,1
2-vcT
Addre
Phone Number ? $ q rj 47 S 5-
Signature r
1 9 C?Z ' 0 ?
?e N 0
..%4? `

Name (please print) OA L&,?_ & -
LANDOWNER PERMIT FOR EMERGENCY WATERSHED PROTECTION
(EWP
)
,The undersigned landowners- hereby grant permission to the -Watauga County Commissioners,
the Watauga County Soil and : Water Conservation District aridlor.their ;agents to enter upon our
land for the purpose of repairing the ;flood damage, caused by the fash floods on September 8
and September.17, 2004 in Watauga County. We do further authorize those persons designated
by the Watauga County Commissioners as Contracting Officer and/or Alternate Contracting
Officer to act as agent on our behalf with regard to obtaining permits as required for the
performance of repairs.
This permit includes the right to spread soil, remove and dispose of debris, install needed
measures, seed and mulch, and perform similar emergency watershed protection work
necessitated by the floods of September 8 and September 17, 2004.
This permit also includes the right of ingress and egress on the land for the purpose of
• maintaining the emergency works for the period of 1 year from the date of completion. Work
areas covered by this permit are sketched on the reverse of this form.
This permit does not provide confirmation that the subject site is eligible for Emergency Funds
nor does it encumber funds for any repair work at this site.
As part of the consideration for the services referred to herein, the landowner agrees to hold
harmless and indemnify Watauga County Commissioners, Watauga County,. Watauga County
Soil and Water Conservation District and all their agents, servants and employees as set forth
herein from any and all damages, claims, attorney's fees and any 'other costs and expenses
resulting from said services.
9331.

-av -D.ti f
Mailing Address lease print)
Phone Number
Signature Date
a:
2095
r iiuufz n umoer 2 _? - !? V 7-.??9 7
f.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
April 26, 2005
Mr. Derek Goddard
District Technician
Watauga Soil and Water Conservation District
971 Nest Ring Street
Boone, North Carolina 28607-3468
Dear Mr. Goddard:
On February 4, and April 6, 2005, we received the Emergency Watershed Protection (EWP) Program
Site Environmental Review Checklists for the following sites in Watauga County, North Carolina:
SITES
. MC 1; UCC 1 PLC 1
WL UWFWTF LLC 1-6 ..; . .
CC 1-4 UW 1-11 BF 1-3
MG 1 WR 1 LCOC 1-2
CJ 1-2 UW 12-14 DCRE
OW 1 SSD 1 DC 1-3
ZV 1 SDC 1 LCR 1
HE 1 MMC 1 CLC 1
M1 UBC1
VC1 AH1
We have reviewed the site descriptions and proposed measures described in the checklists. The
following comments are provided in accordance with the Migratory Bird Treaty Act (16 U.S.C. 703,
et seq.); section 7 of the Endangered Species Act of1973, as amended (16 U.S.C. 1531-1543) (Act);
and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) (FWCA): -
Emergency Watershed Protection: Flood damage to stream banks and channels occurred.in the
watersheds of several streams in western North Carolina from extreme flows during and following
extensive rainfall associated with the two storms in September 2004. Assistance to North Carolina
counties is proposed under the EWP Program of the Natural Resources Conservation Service
(MRCS). According to 7 CFR, Part 624.2, "The objective of the EWP program is to assist in
relieving imminent hazards to life and property from floods and the products of erosion created by
natural disasters that cause a sudden impairment of a watershed." '
We previously provided the following recommendations to minimize and avoid potential adverse
impacts to fish and wildlife resources:
Stream Channel and Bank Reconstruction/Restoration Activities. These
guidelines are the criteria that we believe need to be met in order to minimize
environmental impacts. If an applicant agrees to follow these guidelines, this
letter may serve as evidence of consultation under the FWCA, and further
consultation with us under the FWCA will not be necessary (unless the NRCS
desires additional input).
• Recommended Native Plant Species for Stream Restoration in North Carolina.
We recommend the use of native plants in restoration and erosion-control efforts.
This document provided a list of suitable species and sources.
Endangered Species. According to our records, recent field surveys, and a review of the
information you provided, no listed species or their habitats occur on any of the sites listed above.
We concur with the determination that the activities proposed at these sites will not affect endangered
or threatened species or their habitats. Therefore, we believe the requirements under section 7 of the
Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical habitat in
a manner not previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may be
affected by the identified action.
If we can be of any assistance or if you have any questions, please do not hesitate to contact
Mr. Mark A. Cantrell of our staff at 828/258-3939, Ext. 227. In any future correspondence
concerning this project, please reference our Log Number 4-2-05-149.
Sinc ely,
Brian P. Cole
Field Supervisor
cc:
Mr. Scott McLendon, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources Commission,
20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Mr. Mike Hinton, Natural Resources Conservation Service, 4405 Bland Road, Suite 205,
Raleigh, NC 27609
OF W4,
?Y
s -
August 29, 2005
OFFICE OF T
WATAUGA COUNTY COU
NTYMANAGER
Courthouse, Suite I - 842 West King Street - Boone, NC 28607- [phone]
TDD 1-800-735-2962 - Voice 1-800-735-8262 - FAX [phone]
To Whom It May Concern,
Please accept this letter as authorization for North State Environmental Inc. to represent Watauga
County in all EWP permitting related documents for the site known as CC 1.
Thank You
?3, 4e?
Deron Geouque
Assistant County Manager
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,:Upstream extent of work
W W
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:Downstream extent of work;i
cl 9 5 1-iu

Morphological Characteristics of the Existing, Proposed and Reference Reaches
Cove Creek, Watauga Co., North Carolina
Variables Existing
Lower Reach Middle Reach Proposed Reference
1. Stream Type F4 134c 64c 64c
2. Drainage Area (mi.) 20 20 20 6.5
3. Bankfull Width 86 43 46 32.1
4. Bankfull Mean Depth Dbk 1.9 3.7 3.4 2
5. Width/De th Ratio 45 11.6 13.5 16.1
6. Max Riffle Depth Ratio Dmax/Dbk 1.8 1.2 1.32 1.4
7. Bankfull Cross-Sectional Area (Abkf) 160 160 160 65.6
8. Bankfull Mean Velocity k 5.0 5.0 5.0 4.6
9. Bankfull Discharge (Qbkf) 800 800 800 304
10. Bankfull Maximum Depth Dmax 3.4 4.5 4.5 2.8
11. Width of Flood rove Area (VWpa) 88 59 65 - 87
12. Entrenchment Ratio (Wfpa/Wbkf) 1.0 1.4 1.4-1.9
13. Meander Length Lm 360 170 210 551
14. Meander Length Ratio (Lm/Wbkf) 4.2 4.0 4.6 17.2
15. Radius of Curvature Rc 85 85 - 280 85 - 150 71.2
16. Radius of Curvature Ratio Rc/Wb 1.0 2.0-6.5 1.8-3.3 2.2
17. Bell Width (VVbIt) 120 55 72 120
18. Meander Width Ratio (WbIt/Wbkl) 1.4 1.3 1.6 3.7
19. Sinuosity K 1.2 1.2 1.2
20. Valle Slope 0.0036 0.0036 0.0036 0.0089
21. Average Sloe Sav 0.005 0.005 0.005 0.0095
22. Pool Slope (Spool) 0.0025 0.0025 0.0025 0.004
23. Pool Slope Ratio S ooVSav 0.5 0.5 0.5 0.42
24. Max. Pool Depth D ool 5.4 6.0 6.0 4.4
25. Pool Depth Ratio (DpooVDbkf) 2.8 1.6 1.5 2.2
26. Pool Area Ratio (Apool/Abkf) 1.0 1.0 1.0 1.1
27. Pool Length Ratio L ooWVbk 0.8 1.5 1.3-1.6 1.1-2.1
28. Pool Width (Wpool) 76 46 46 27.3
29. Pool Width Ratio (WpooWVbkf) 0.9 1.1 1.0 0.9
30. Pool-Pool Spacing - 200 200 - 350 184 - 230 60 - 234
31. Pool Spacing Ratio - Mlbk 2.4 4.7-8.1 4-5 1.9-7.3
Materials:
1. Particle Size Distribution
d16
d35
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a .?.v,u mmm.
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18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 .28+00 29+00 30+00
HORIZONTAL SCALE: i" = 40' VERTICAL SCALE: 1' = 4'

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