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HomeMy WebLinkAbout20051769 Ver 1_Complete File_20050919OF WAIF \O? RQL Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -1 Alan W. Klimek, P.E. Director Division of Water Quality September 30, 2005 DWQ Project # 05-1769 Yancey County Michele Lawhern, County Manager Yancey County u ???? V Room 11, Courthouse 1J n Burnsville, NC 29714 oc r s 2005 Subject Property: South Toe River EWP (DSR 2004-44) DENR - WATER QUALITY WETIANDS AND STORMWATER 9RANCH Approval of 401 Water Quality Certification with Additional Conditions Dear Mrs. Lawhern: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 600 feet of streams for the purpose of streambank stabilization at the subject properties, as described within your application received by the N.C. Division of Water Quality (DWQ) on September 26, 2005. It should be noted that this approval does not authorize any work in the immediate vicinity of the low-water bridge. After reviewing your application, we have decided these impacts are covered by General Water Quality Certification Number(s) 3376 (3376). The Certification (s) allows you to use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to), Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project beyond this approval, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands O L7?E An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Yancey County: Page 2 of 6 September 30, 2005 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream 600 feet South Toe River 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices; shall be performed so that no violations of state water quality standards, statutes, or rules occur. Yancey County: Page 3 of 6 September 30, 2005 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Construction in this creek and disturbance within a 25-foot trout buffer should be avoided during the October 15 to April 15 trout spawning period to avoid adverse effects of sediment on eggs and larvae. However, Wildlife Resources Commission will not object to construction of Natural Resources Conservation Service "urgent and compelling" sites during the spawning period provided these projects are, to the extent appropriate and practical, constructed by: (1) using flow diversion structures such as sand bags, (2) placing large-sized rock toes and filter cloth backing for stabilization sites before backfilling, and (3) excavating new channel alignments in dry areas. Construction at the other non-"urgent and compelling" sites should not occur during the spawning period to minimize the potential adverse effects of multiple construction activities on trout resources in this creek. 7. Sediment and erosion control measures must be implemented prior to construction and maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur on all bare soil within five (5) days of ground disturbing activities to provide long-term erosion control. The projects should be accomplished in stages instead of leaving large tracts exposed to further storm events. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an anticipated difficulty in establishing ground cover during the winter, reseeding should be conducted, as necessary, in the spring-time with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. Yancey County: Page 4 of 6 September 30, 2005 8. Only clean, large, angular rock, large woody material, or other natural stream design materials and techniques should be used for bank stabilization. Rock should not be placed in the stream channel in a manner that constricts stream flow or that will impede aquatic life movements during low flow conditions. Filter cloth should be placed behind large rock that is used for bank stabilization. Properly designed rock vanes should be constructed wherever appropriate on bank stabilization and channel realignment stream reaches to improve channel stability and to improve aquatic habitat. Root wads should be installed low enough in the bank so that a significant portion (at least one-third) the root wad is inundated during normal flows. 9. The channel should be restored to a more stable condition. However, under no circumstances should river rock, sand or other materials be dredged from the stream channel under authorization of this permit except, if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for reestablishing the natural and more stable stream channel dimensions. Stream bed materials are unstable in flowing- water situations and are unsuitable for bank stabilization. In stream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the stream upstream and downstream of the permitted area should not be modified by widening the stream channel or changing its depth. 10. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable stream bank areas in a natural condition. Grading and backfilling should be minimized and tree and shrub growth should be retained where possible to ensure long term availability of stream bank cover for aquatic life and wildlife. Backfill materials should be obtained from upland sites except in cases where excess stream bed materials are available. Berms should not be permitted because they block the floodplain, constrict and accelerate flood flows, and often fail and sometimes impede drainage during large flood events. 11. Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags or other clean diversion structures should be used where possible to minimize excavation in flowing water. Channel realignments should be constructed by excavating the new channel from downstream to upstream before connecting it to the old channel. 12. Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 13. Disturbed stream banks and a 30-foot vegetated zone (as required under the ORW regulations), or the widest width that is practical under the site conditions, must be restored along the construction sites to natural riparian conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should' be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these Yancey County: Page 5 of 6 September 30, 2005 areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 14. If pasture along the stream is to be used for grazing, a fence must be constructed outside of the riparian zone and the stream to prevent livestock from entering these areas. 15. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected riparian zones such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 16. Riparian Zone Replanting Replanting of vegetation within disturbed areas located within 30 feet of the streambank associated with any land disturbing activity, repair, replacement and/or maintenance must be done in a manner consistant with the Guidelines for Riparian Buffer Restoration immediately following construction. (Please see attached.) 17. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective woody riparian zones in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 18. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 19. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Yancey County: Page 6 of 6 September 30, 2005 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality AW Klkhb Enclosures: GC 3376 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Stu Ryman, Altamont Environmental, Inc. 50 College Street Asheville, NC 28801 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files t Filename: 05-1769.EWP.SouthToeRiver.Approval Triage Check List Date: 09/23/05 Kevin Barnett, Asheville Regional Office To: Project Name: Yancey County EWP DSR 2004 - 44 South Toe River 60-day Processing Time: 9/19/05 to 11/17/05 From: Cyndi Karoly Telephone: (919) 733-9721 DWQ #:05-1769 County: Yancey 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 (Neuse, 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 1-1 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! Office Use Only: Form Version May 2002 USACE Action Ill No. DWQ No. " (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Butler Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Michele Lawhern, County Mang er'` ` Mailing Address: 110 Town Square Yancey County Courthouse, Room 11 Burnsville, NC 28714 Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: m.lawhern@countymanager.yanceycounty.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Stuart A. Ryman Company Affiliation: Altamont Environmental, Inc: Mailing Address: 50 College .Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sryman@altamontenvironmental.com 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 I 1 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: South Toe EWP DSR 2004-44 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table I 4. Location County: Yancey County Nearest Town: Micaville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow Highway 19E through Burnsville. Four miles past Burnsville, take the exit for NC Highway 80 South. After less than a mile on Micaville Loop, turn right to remain on Highway 80 South. Continue on Highway 80 South approximately 10 miles. The site is just downstream of the Mount Mitchell Golf Course. See attached Figure 1. Site coordinates, if available (UTM or Lat/Long): 35.78080N, 82.20651W (approximate center ofproject area) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 5. Property size (acres): See attached Table I 6. Nearest body of water (stream/river/sound/ocean/lake): South Toe River 7. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) 2 Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land use in the vicinity of the proposed prgfect site consists of residential forestland and agricultural uses. This area of South Toe River was heavily impacted during 'T'ropical Storms Fiances and Ivan. Severe slrecrrnbcuik erosion threatens the ,slahilityof (i(? cicenI properties and ,structures. 8. Describe the overall project in detail, including the type of equipment to be used: This Pre-Construction Notification (PCN) for DSR 44 supercedes an earlier PCN submitted on June 28, 2005. That PCN included rocky debris removal in the vicinity of 'a low water bridge. That element has been removed, from this PCN. .Specifically, this DSR addresses two areas of' EWP repair activities on the South Toe River (see Figure 1) within the area known as DSR 44. The two areas are: (1) downstream gravel mining areas (Figures 2 and 3), and (2) an inactive rock mining area upstream of the low water bridge (Figures 2 and 4). The sl)ecific issues and constraints of each element are discussed below. Area 1: Downstream Gravel Mining Area The NRCS has identified the need to stabilize the South Toe River in the post-flood location along the gravel mining areas at the downstream end of DSR-44 (14,igure 3). In the current situation, low flows engage a multiple channel system on the west (river-left) side of the alluvial valley. The floods in fall 2004 eroded the right river bank in this area and now, during storm flows, water will engage an area on east (river- right) side of the valley that has been used as gravel mining area. Prior to the flood events in,fall 2004 this did not occur. Having storm flows engage the floodplain in its current state will result in transport cif additional sediment into the South Toe River. The right riverbank will be reconstructed to restrict water from entering the mining area during low flow conditions. Area 2: Upstream "Quarry" Area Channel aggradation under the Low Water Bridge is at least partially due to an increase in available mobile sediments in the upper watershed due to construction and mining activities. Specifically, there has been active gravel mining on a point bar along river-left at the upstream end of this DSR (Figure 4). The quarrying has been finished in this area, and now the area provides access to the river for a local Rod and Gun club. The former quarry area has been identified as a potential element of DSR-44 because the exposed sediments along the channel bank and floodplain likely contribute a portion of the sediment deposited at and under the Low Water Bridge. This source area will be stabilized to reduce the frequency and magnitude of maintenance activities at the Low Water Bridge. Total disturbed area for each of the streamhank stabilization areas is, less than 1-acre. Since the total disturbed area is less than the 1;'rosion and Sediment Control Plan permitting threshold of l acre, a formal approval of the Erosion and Sediment Control Plan elements of this proposal is' not needed. However, the proposed riparian area disturbance is greater than the permitting threshold of 100 linear feet, so a Trout Waiver will be applied, for. All work will be performed as per conversations between Altamont L'nvironmental, US Army Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US Nish and Wildlife Service personnel on other EWP sites in this watershed Work will include streamhank stabilization in the area described below as well as streamhank re-vegetation. The South Toe River is classified as `Class B', "T'rout' waters and Outstanding Resource Waters (ORW) throughout the project area. No listed species or their habitats occur in this area according to the US Fish and Wildlife Service response to the EWP Environmental Checklist on February 2, 2005. The following activities are proposed in the project area: 1) One area in need of streambank stabilization has been identified, totaling approximately 200 linear feet. High water flow has severely eroded the streambank in this area. Riverbanks are over-steepened and unstable, threatening a commercial mining operation. Repairs in the area will involve the,following: • Stabilize the channel in its post flood configuration using organic and rock structures. Stabilize the riverbanks by removing unstable vegetation, placing large angular stone and/or coin logs at the toe of the slope to tin elevation just above the normal water level,, backfilling behind and above the stone with rocky debris removed.i,om the floodplain or imported to the site, topping with planting media, erosion control matting, and planting native vegetation. 2) One area where quarrying has occurred will be revegetatated with riparian plantings. Property owner information.for all proposed work areas is included in Table 1. The work addressed in this application is intended to improve the past flood hydraulic capacity of the stream reaches discussed and stabilize severely eroded streambanks that are threatening structures. The proposed actions are not intended to enhance existing conditions or restore the stream reaches using natural channel design techniques. Such activities would require detailed engineering evaluation and design, which tire beyond the intent of the EWP program. Equipment used to accomplish the above tasks includes: one or more 15 ton dump trucks, one or more hydraulic track mounted excavators with thumb, one or more dozers with a six-way blade; and chainsaws. Streambank Stabilization Orea 1) The current condition in Area 1 causes watel° fYOm South Toe to form a snuzll off-channel pond in the gravel mining area (Figure 5). 1Tighcr flow events engage the surface of the gravel mining area and were observed to transport sands along the surface of the floodplain. At loiver flows, the majority of the slrea inpower bypasses this location to river left. Al higher flows, a significant amount of flow will engage this area with a high potential to scour the currently unvegetaled sui face. At this location, grading will be completed as necessary to increase the elevation of the river right floodplain enough to keep most lower flow events fi°om engaging this surface. In addition, a portion of the mid-channel bar will be excavated to increase cross-sectional area (Figure 5a). Finer materials will be stockpiled and used in a 30 feet deep section along the approximately 70 feet of new bank as a planting area stabilized with coir cloth and cuttings. The section fi°om 0-15 feet from the active stream high water mark will be covered with coir, hydroseeded, and, with landowner permission, planted with native plant live stakes. A soil amendment high in organic matter will be added to promote growth. In stream structures will not be installed at this location. The majority of flow meanders naturally to the west side (river left) of'lhe valley at most flows. At higher flows, it is likely that flow will engage the floodplain surface with or without the addition of instream structures. Therefore, it does not appear necessary and/or desirable to install in-strean2 structures in this location. The sequencing for construction in Area I will consist of a. Set temporary sediment and erasion control systems. b. Construction temporary sand bag berm in main channel to separate grading activities ,from the South Toe. c. Place fill and mass grade (spread) with dozer. d Finish grade with directed grading with dozer. e. Place finer materials and soil amendment along new bank ,f Install coir cloth. g. Remove sandbag berm. h. Hydroseed i. Installation of shrubs and trees in the fall. It is estimated that approximately 0.25 acres will be disturbed in Area I by the proposed activities. Riparian Planting to Stabilize Floodplain (Area 2) With landowner permission, native trees and shrubs will be planted along river-left of the 400 feet reach which arcs around the.former quarry upstream of the Low Water Bridge. A 75 feet section at the south end of this reach lacks vegetation and is the portion where the river would likely cross over the point bar at high flow and increase river sediment load This portion would be stabilized with coir° matting and hydroseeded with grass and.furb species up to 15 feel fi°om the active stream channel. It will also be planted with live stakes of native shrubs. The area between 15 and 30 feet from the channel will be amended with green nianure soil amendments to improve plant survival and water retention and then will be planted with species cif native trees by cuttings and live-staking. The other 325 feet portion of this reach will be planted with native trees and shrubs between the existing vegetation to strengthen the biotic control over sediment transport. At all areas the work will proceed, fi°om downstream to upstream to reduce sediment loading. All staging areas will be less than half an acre in size. Work will proceed as.follows at each work area (as applicable). 1. Flag the work limits. 2. Mark live trees and shrubs to be protected. 3. Construct temporary construction entrancelexits, where necessary. 4. Install sediment fence around staging areas. 5. At the end of each workday install temporary erosion control fabric or matting on exposed soil and secure using removable stakes or sandbags. 6. During construction, place large boulders and/or coin logs at the toe of repaired streambanks where necessary. 7. Fill and compact behind boulders and/or coir logs. Cover with topsoil, install erosion control mat, and seed. Permanent erosion control mats will be constructed of fiber or a coir fiber mixture fabric for maximum erosion protection, vegetation establishment assistance, and for minimal impact on wildlife. 8. Inspect and maintain repairs. A site-specific engineering design based on a specific storm event was not completed because the EWP program is not intended to fund stream restoration design or construction work. Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on- going erosion, sedimentation and possible loss of property or life. Because natural channel design methods are beyond the scope of the EWP program, published literature values were consulted in order to specify the bank stabilization and erosion control materials and methods described in this document. For example, we have specified that filter cloth will be placed behind large rock used for streambank stabilization or for in-stream structures to increase the; stability of the repair measures and minimize sediment loading to the stream, Clean, large, angular rock, coir logs, large woody material, and natural fiber erosion control mats will be used for streambank stabilization. Once site construction has ceased, the banks of the stabilized channel will be seeded with a i native floodplain seed mix and the high stress areas will be lined with erosion control (EC) matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used (when available) to line the near bank regions of the constructed/stabilized channel to provide immediate slability. Live stakes and malting staples timill be used to secure the EC fabric/sod- matting in these high stress areas. Broadcast seeding rates will be as specified. i°orn the local nursery, generally 15-201bs/acre depending on .species. With landowner permission, native shrub and tree species ivill be planted throughout the project reach tit a rate of '320 stems/acre, securing near bank areas and providing,future .shading to the channel. Existing i-moody vegetation will be preserved to minimize project impacts. The following .steps will be observed with respect to vegetation: 1. Exposed soil will be covered with erosion control matting al the end of every workday. Mats will be secured using removable stakes. 2. The project riparian zone and/or buffer areas will be re-vegetated with a combination of native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary native grass mixture immediately following completion of the work in those areas. Temporary seeding will be accomplished using an application rate of 120 pounds per acre. Straw mulch and tall f ?scue will not be used in riparian areas. 3. When possible sod will be taken from adjacent areas (with landowner permission) and placed on exposed soil to provide immediate stabilization within five days of ground disturbing activities. 4. ff sod is not available on-site temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control. If sod is used, the bare area left after removal ofsod will be planted. 5. Re-seeding will be conducted' as necessary, with a native annual and perennial seed mix with a temporary nursery crop of'wheat, millet, or other grain. 6. Woody vegetation will be planted during the normal growing season assuming landowner permission. 9. Explain the purpose of the proposed work: The work being described is exigency work under the Emergency Watershed Protection program to protect existing property and structures. Streambank stabilization will also prevent further erosion and sedimentation to the South Toe River resource. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the 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, I I list and describe permits issued for prior segments of the same T.I.P. }proJject, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section V111 below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts Proposed impacts include sireambank stabilization. Precautions will be taken to keep heav, equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to minimize sedimentation. 2. Individually list wetland impacts below: There will be no wetlands impacted at this site. Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 8 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and Ilooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEIMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Iloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httIK//www.[cnta.gov. *** List a wetland type that best describes wetland to be impacted (e.g., Ireshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if waland is isolated (determination of isolation to be made by USACF, only). List the total acreage (estimated) of all existing wetlands on the property: None Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Length of Average Width Stream Impact Type of Impact* Impact Stream ** of Stream Perennial or Location (linear feet) Name Before Impact Intermittent? (feet) Area 1 Streambank Stabilization 200 South Toe 80 Perennial River Area 2 Riparian Planting 400 South Toe 80 Perennial River * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightcning, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.p-ov. Several internet sites also allow direct download and printing of IJSGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 600 linear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: There will be no impacts to open waters. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) q` List each impact separately and idcntily temporary impacts. Lnpacls include, but are not limited lo: 1111, excavatipn, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. On beha?fof Yancey County, Altamont will provide contractors engaged in the implementation of this work both written and verbal instructions of all impact avoidance statements provided below. All heavy equipment will be kept out of the stream channel during streambank stabilization and stream relocation work, except where absolutely necessary to install bank stabilization measures. Disturbance of channel bottom and banks and equipment access areas shall beheld to the minimum necessary to allow for bank stabilization and debris removal sufficient to restore the hydraulic capacity of the stream channel. Temporary grass cover shall be planted on all bare soil within 5 days of ground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank stabilization work. Yancey County will provide a site manager to routinely inspect and supervise contractor work to help ensure impact avoidance instructions are being_followed. 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 10 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice ol'Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse ell-ects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/stringide.html. 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (MEPA/SI3PA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the BEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all?impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section V11 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I eXtellds out SU icet perpenalcular rronl clear DaoK ul unaullul, c.Uln: /_ cnwuua all additional 20 feet from the edge of Zone 1. i 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buf(er Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or.0260. Xl. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surlace waters and wetlands downstream from the property. Impervious acreage will not change. Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management, construction sequencing, proper staging and stockpiling of materials, and the maintenance, at all limes, of suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be stored in areas that could be flooded during this project. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 214.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A 13 Applicant/Agent', (Agent's signature is valid as`-' Date if an authorization letter from the applicant is provided.) 14 Michele P. Lawhern, County Manager John Renfro, Chairman YANCEY COUNTY Blaine WAtso i, Commissioner CountyCourthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • PAX: (828) 682-4301 • EMAIL: InlawhernG?)yancey.main.nc.us November 10, 2004 Altamont Environmental, Inc. 50 College Street Asheville, North Carolina 28801 Stu, At the regular monthly meeting of the Yancey County Board of Coin missioilers last evening, the enclosed contract for professional services was executed, relative to E,WP Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to sign and execute all necessary permits and coordinate communications with said regulatory agencies. If there should be any questions about the above, please feel free to call me at any time. Lawerii ?Z11 Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 Sin ely, e le P J ? Z U > d O? 07 a W o Z W m 0 O N O U Q F- ? U W ? 0 U U- O Z Q U ? (N W J co Q H U) W Q Z Of 5 W 0-1 > OE OW UO Q ~ W 2 Q ?O Q U) CL w W- It 14- O 0 N U) 0 ,? `) \ 1 + ?i 2 ro AREA 2 C? X009 -? AREA 1 C? -r mile ?. L i l 0 USGS Celo, NC Quadrangle Feet 2000 0 2000 Figure 1 Site Location Map South Toe River EWP Project Area DSR 2004-44 Yancey County, North Carolina .,N, - ENGINEERING & HYDROGEOLOGY 50 COLLEGE STREE'r, ASHEVILLE, NC 28801 T E'L. 828.2 81.3350 17AC. 82 8.281.33 51 www.zlttunontenvironmcntul. com 06-07-05 1 } vV y? --? (? y it -17 ,m T"I I W N E F ~ 'nt k ?t 'i ?,jy ?. ? ° ry. '??~'? 'a. I? ?`t, 'ilk _,•;Sr. ?, ??"1wi. f M4..i',>Mrt y:Fk? rp' - F}F+n?•hM'yF ??.,f •d.4`.. `,,. "!C a # .? e + 1'. Wit . • ?.' %WA r Legend Figure 2 ALTANIONT ENVIRONMENTAL, INC. Property boundary Key Map ENGINEERING & HYDROGEOLOGY f\J Road South Toe River 50 COLLEGIr. S'IRL'I:'f, AS] IEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 (-\J Surface water EWP Project Area DSR 2004-44 www.altamontenvironmental.com 300 0 Feet 300 Yancey County, North Carolina 06.07-05 Current Streambed Proposed Work: Build Up Low Rock and Gravel Berm and Replant With Native Shrubs and Trees Airphoto Source & Date: Yancey County Figure 3 Mapping Department, April 2000 1 South Toe River - Area 1 EWP Project Area DSR 2004-44 Yancey County, North Carolina 80 0 80 Feet N E 06-07-05 LOWER MID--� POINT BAR STABILIZE TOE. BACKFlLL. INSTALL EROSION CONTROL MATTING. AND VEGETATE ALTAMONT ENVIRONMENT. BACKIFILL IN FLOODPLAIN TO INCREASE ELEVATION (NOT TO EXCEED UPSTREAM BANK ELEVATION) k�L. INME pi 6 A5G?,2o0-v? Office Use Only: --- -- ---- - `? ?; (? g o1n Tcr t ngtay 2002 USACE Action ID No. DWQ No. (if any particular item is not applicable to this 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 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 7-1 7-7? 1. Owner/Applicant Information ; Name: MicheleLawhern, County Manager Mailing Address: 110 Town Square Yancey County Courthouse, Room 11 Burnsville, NC 28714 Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: m.lawhern@countymanager.yanceycounly.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Stuart A. Ryman Company Affiliation: Altamont Environmental, Inc. Mailing Address: 50 College Street, Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: sryman@altamontenvironmental.com I 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. l,or administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I l 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: South Toe EWP DSR 2004-44 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table I 4. Location County: Yancey County Nearest Town: Micaville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, ctc.): Follow Highway 19E through Burnsville. Four miles past Burnsville, take the exit for NC, Highway 80 South. After less than a mile on Micaville Loop, turn right to remain on Highway 80 South. Continue on Highway 80 South approximately 10 miles. The site is just downstream of the Mount Mitchell Golf Course. See attached Figure 1. Site coordinates, if available (UTM or Lat/Long): 35.78080N, 82.20651W (approximate center of project area) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists !the coordinates for each crossing of a distinct waterbody.) 5. Property size (acres): See attached Table 1 6. Nearest body of water (stream/river/sound/ocean/lake): South Toe River 7. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admiiVmaps/.): Describe the existing conditions on the site and general land use in the vicinity ofthe project at the time ol'this application: Land use in the vicinity of the proposed projecl site consists of residential forestland and agricultural uses. This area of Soulh Toe River was heavily impacted during Tropical .S'torans Frances and Ivan. Severe sircambank erosion threatens the stability of adjacent properties and structures. 8. Describe the overall project in detail, including the type of equipment to be used: This Pre-Construction Notification (PCN) for DSR 44 supercedes an earlier PCN submitted on June 28, 2005. That PCN included rocky debris removal in the vicinity of a low water bridge. That element has been removed frrom this PCN Specifically, this DSR addresses two areas of EWP repair activities on the South Toe River (see Figure 1) within the area known as DSR 44. The two areas are: (1) downstream gravel mining areas (Figures 2 and 3), and (2) an inactive rock mining area upstream of the low water bridge (Figures 2 and 4). The specific issues and constraints of each element care discussed below. Area 1: Downstream Gravel Mining Area The NRCS has identified the need to stabilize the South Toe River in the post flood location along the gravel mining areas at the downstream end of DSR-44 (Figure 3). In the current situation, low flows engage a multiple channel system on the west (river-left) side of the alluvial valley. The floods in, fall 2004 eroded the right river bank in this area and now, during storm flows, water will engage an area on east (river- right) side of the valley that has been used as gravel mining area. Prior to the flood events in./all 2004 this did not occur. Having storm flows engage the floodplain in its current state will result in transport of additional sediment into the South Toe River. The right riverbank will be reconstructed to restrict water from entering the mining area during low flow conditions. Area 2: Upstream "Quarry" Area Channel aggradation under the Low Water Bridge is at least partially due to an increase in available mobile sediments in the upper watershed due to construction and mining activities. Specifically, there has been active gravel mining on a point bar along river-left at the upstream end of this DSR (Figure 4). The quarrying has been finished in this area, and now the area provides access to the river for a local Rod and Gun club. The former quarry area has been identified as a potential element of DSR-44 because the exposed sediments along the channel bank and floodplain likely contribute a portion Qf the sediment deposited at and under the Low Water Bridge. This source area will be stabilized to reduce the frequency and magnitude of'mainlenance activities at the Low Water Bridge. Total disturbed area for each of the streambank slabilizalion areas is less than I-acre. Since the total disturbed area is less than the Erosion and Sediment Control Plan permilling threshold ofil acre, a. formal approval of the Erosion and Sediment Control Plan elements of this proposal is not needed. However, the proposed riparian area disturbance is greater than the permitting threshold of] 00 linear feel, so a Trout Waiver will be applied for. All work will be performed as per conversations beliveen Allamont Environmental, US Army Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US Fish and Wildlife Service personnel on other EWP sites in this watershed. Work will include streambank stabilization in the area described below as well as streambank re-vegetation. The South Toe River is classified as 'Class 13', `Trout' waters and Outstanding Resource Waters (ORW) throughout the project area. No listed species or their habitats occur in this area according to the US Fish and Wildlife Service response to the EWP Environmental Checklist on February 2, 2005. The following activities are proposed in the project area: 1) One area in need of streambank stabilization has been identified, totaling approximately 200 linear feet. High water flow has severely eroded the streambank in this area. Riverbanks are over-steepened and unstable, threatening a commercial mining operation. Repairs in the area will involve the following: • Stabilize the channel in its post-flood configuration using organic and rock slructuresi • Stabilize the riverbanks by removing unstable vegetation, placing large angular slone? and/or coin logs at the toe of the slope to an elevation just above the, normal water level, back ,filling behind and above the stone with rocky debris removed fi°om the floodplain or imported to the site, topping with planting media, erosion control matting, and planting native vegetation. 2) One area where quarrying has occurred will be revegetatated with riparian plantings. Properly owner information for all proposed work areas is included in Table 1. The work addressed in this application is intended to improve the post flood hydraulic capacity of the stream reaches discussed and stabilize severely eroded streambank, that are lhreaten?ng structures. The proposed actions are not intended to enhance existing conditions or restore the stream reaches using natural channel design techniques. Such activities would require del#ed engineering evaluation and design, which are beyond the intent of the EWP program. Equipment used to accomplish the above tasks includes: one or more 15 ton dump trucks, one or more hydraulic track mounted excavators with thumb, one or more dozers with a six-way blade; and chainsaws. 4 Streambank Stabilization (Area 1) The current condition in Area 1 causes water,1rom South Toe to form a small off=channel pond in the gravel mining area (F'igaure 5). higher floii? evcnis engage the sul,face of the gravel mining area and were observed to transport sands along the surface of the foodplain. At lower flows, the majority of the slreampower bypasses this location to river lefi. At higher flows, a significant amount offlow will engage this area with a high potential to scour the currently unvegetated surface. At this location, grading will be completed as necessary to increase the elevation of the.river right floodplain enough to keep most lower flow events from engaging this surface. In addition, a portion of the inid-channel bar will be excavated to increase cross-sectional area (Figure 5a). Finer materials will be stockpiled and used in a 30 feet deep section along the approximately 70 .feet of'new bank as a planting area stabilized with coin cloth and cuttings. The section from 0-15 feet from the active stream high water mark will be covered with coin, hydroseeded, and, with landowner permission, planted with native plant live stakes. A soil amendment high in organic matter will be added to promote growth. In stream structures will not be installed at this location. The majority offlow meanders naturally to the west side (river left) of'lhe valley at most flows. At higher flows, it is likely that flow will engage the. loodplain surface with or without the addition of instream structures. Therefore, it does not appear necessary and/or desirable to install in-stream structures in this location. The sequencing for construction in Area I will consist of.'- a. Set temporary sediment and erosion control systems. b. Construction temporary sand bag berm in main channel to separate grading activities from the South Toe. c. Place fill and mass grade (spread) with dozer. d. Finish grade with directed grading with dozer. e. Place finer materials and soil amendment along new bank f. Install coir cloth. g. Remove sandbag berm. h. Hydroseed Installation of shrubs and trees in the, fall. It is estimated that approximately 0.25 acres will be disturbed in Area 1 by the proposed activities. Riparian Planting to Stabilize Floodplain (Area 2) With landowner permission, native trees and shrubs will be. planted along river-left of the 400 feet reach which arcs around the former quarry upstream of the Low Water Bridge. A 75 feet section at the south end of this reach lacks vegetation and is the portion where the river would likely cross over the point bar at high flow and increase river sediment load This portion would be stabilized with coin malting and hydroseeded with grans and.forb species r-rp,lo l5 feet,from the active stream channel. It ivill also he planted frith live stakes of nalivc shrubs. The area between 15 and 30 feet fi°orn the channel i,rill be amended wilt ;recn manure soil amendments tai improve plant survival and i,raler° retention and then will be planted wish species cif native trees by cuttings and live-staking. The other 325 feet portion of this reach will be planted with native trees and shrubs between the existing vegetation to strengthen the biotic control over sediment transport. At all areas the work will proceed fr,orn downstream to upstream to reduce sediment loading. All staging areas will be less than half an acre in size. Work will proceed as follows at each work area (as applicable). 1. Flag the work limits. 2. Mark live trees and shrubs to be protected 3. Construct temporary construction entraneelexits, where necessary. 4. Install sediment fence around staging areas. 5. At the end of each workday install temporary erasion control fabric or matting on exposed soil and secure using removable stakes or°sandbags. 6. During construction, place large boulders and/or coir logs at the toe of'eepaired streambanks where necessary. 7. Fill and compact behind boulders and/or coir logs. Cover with topsoil, install erosion control mat, and seed. Permanent erosion control marts will be constructed offiber or a coir fiber mixture fabric for maximum erosion protection, vegetation establishment assistance,; and for minimal impact on wildlife. 8. Inspect and maintain repairs. A site-specific engineering design based on a specific storm event was not completed because the EWP program is not intended to fund stream restoration design or construction work. Rather, the EWP program is designed to quickly stabilize eroding stream banks to prevent on- going erosion, sedimentation and possible loss ofprroperty or life. Because' natural channel design methods are beyond the scope of the EWP program, published literature values were' consulted in order to specify the bank stabilization and erosion control materials and methods described in this document. For example, we have specified that filter cloth will be placed behind large rock used for streambank stabilization or for in-stream structures to increase the stability of the repair measures and minimize sediment loading to the stream. Clean, large, angular rock, coir logs, large woody material, and natural fiber erosion control mats will be used for streambank stabilization. Once site construction has ceased, the banks of the stabilized channel will be seeded with a native floodplain seed mix and the high stress areas will be lined with erosion control (EC) matting to ensure bank stability. Furthermore, sod matting will be grubbed on-site and used (when available) to line the near bank regions of the constructed/,stabilized channel to provide immediate stability. Live stakes and malting staples will be used to secure the pC, fabric/sod- matting in these high stress areas. Broadcast sceding rates will be as specified fi-oni the local nursery, generally 15-20 lhs/acre depending on species. Willi landowner permission, nalive shrub and tree .species will be planted throughoi.it the project reach at a rate of'320 sterns/acre, securing iiecir hunk areas crud pr•ovidiiig.inure .shading to the channel. b,xisling ivoocw vegetation ivill be preserved to minimize project impacts. The following steps will be observed with respect to vegetation: 1. Exposed soil will be covered with erosion control matting at the end of every workday. Mats will be secured using removable stakes. 2. The project riparian zone and/or buffer areas will he re-vegetated with a combination of' native trees, shrubs and herbs/grasses. All disturbed areas will be seeded with a temporary native grass mixture immediately following completion of' the work in those areas. Temporary seeding will be accomplished using an application rate of 120 pounds per acre. Straw mulch and tall fescue will not be used in riparian areas. 3. When possible sod will be taken from adjacent areas (with landowner permission) and placed on exposed soil to provide immediate stabilization within five days of ground disturbing activities. 4. If sod is not available on-site temporary seeding will occur on all bare soil within five days of'ground disturbing activities to provide long-term erosion control. If sod is used, the bare area left after removal of sod will be planted. 5. Re-seeding will he conducted, as necessary, with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet, or other grain. 6. Woody vegetation will he planted during the normal growing season assuming landowner permission. 9. Explain the purpose of the proposed work: The work being described is exigency work under the Emergency Watershed Protection program to protect existing property and structures. Streambank stabilization will also prevent further erosion and sedimentation to the South Toe River resource. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the 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. NIA 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 fixmi the current application. No 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on ?a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include streambank stabilization. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Work will be conducted in the dry to the extent practicable. Sediment and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to minimize sedimentation. 2. Individually list wetland impacts below: There will be no wetlands impacted at this site. Wetland Impact Site Number (indicate on ma) 'type of Impace Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 8 i F ___ . L___ ___ - __ - __ __ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts disc to both structure and flooding. ** 100-Year Iloodplains are identified through the Federal Emergency Management Agency's (F1MA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Iloodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fcmajQv. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: None Total area of wetland impact proposed: NIA 3. Individually list all intermittent and perennial stream impacts below: Length of Average Width Stream Impact Type of Impact* Impact Stream ** of Stream Perennial or Location (linear feet) Name Before Impact Intermittent? (feet) Area 1 Streambank Stabilization 200 South Toe 80 Perennial River Area 2 Riparian Planting 400 South Toe 80 Perennial I River * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and alter, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 6001inear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: There will be no impacts to open waters. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but a re not limited to: 1111. excavation, dredging, hooding, dralnagc, hulld)cads, etc. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A l xpected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. On behalf of Yancey County, Altamont will provide contractors engaged in the implementation of. this work both written and verbal instructions of all impact avoidance statements provided below. All heavy equipment will be kept out of the stream channel during streambank stabilization and stream relocation work, except where absolutely necessary to install bank stabilization measures. Disturbance of'channel bottom and banks and equipment access areas shall be held to the minimum necessary to allow for bank stabilization and debris removal sufficient to restore the hydraulic capacity of the stream channel. Temporary grass cover shall be planted on all bare soil within 5 days of ground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank stabilization work. Yancey County will provide a site manager to routinely inspect and supervise contractor work to help ensure impact avoidance instructions are being followed. 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 10 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the l'inal Notice o1'issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ? If yes, does the project require preparation of an environmental document pursuant to the requirements ofthe National or North Carolina Envit°onmental Policy Act (NT±PA/SEPA)? Note: If you are not sure whether a NEPA/SFPA document is required, call tile SFIPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Gone I extends out SU teet perpenolCUlar Ironn near DMIK 01 GIIU1111G1, i vuc / UAM,11ui au additional 20 feet from the edge of %one 1. 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Fnhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not change. Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management, construction sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be stored in areas that could be flooded during this project. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XIII. Violations (required by DWQ) 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 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A 13 - F as-' f Applicant/Agent'?S' nature Date (Agent's signature is valid oply il'an authorization letter liom the applicant is provided.) 14 Michele P. Lawhern, County Manager John Renfro, Chairman ean Hicks, Commission hitson, Commissioner YANCEY COUNTY Blaine W County Courthouse, Room 11 • Burnsville, NorthCarolina 28714 PHONP,: (828) 682-3971 • PAX: (828) 682-4301 • EMAIL: mlawhern@yarncey.main.nc.us November 10, 2004 Altamont Environmental, Inc. 50 College Street Asheville, North Carolina 28801 Stu, At the regular monthly meeting of the Yancey County Board of Commissioners last evening, the enclosed contract for professional services was executed, relative to EWP Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to sign and execute all necessary permits and coordinate communications with said regulatory agencies. If there should be any questions about the above, please feel free to call me at any time. Sin • ely, i hele P. Lawhern Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 J cr- Z U > } EE a w o Z W m o O N O U ~ U W Z) 0 U LL O Z Q U ? N W J m Q U) W H Q Z_ E ly- O O U Q W Q Q w w W W O H 2 F- O U) 4 0 O N co n i t AREA 2 o 77.\ . nq Mile ARE) 0 USGS Celo, NC Quadrangle Feet 2000 0 2000 Figure 1 Site Location Map South Toe River EWP Project Area DSR 2004-44 Yancey County, North Carolina i /rr ?` u ENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 ww w. a I tatnonteu vi rontnent al, coin 06-07-05 I Fig. 3 Airptefo Source & Date: Yancey County Mapping ALTA MONT ENVIRONMENTAL, INC. Proposed Work: Plant Riparian Vegetation Where Absent Current Condition.- Exposed ondition:Exposed Former Quarry Airphoto Source & Date: Yancey County Mapping Department, April 2000 Figure 4 South Toe River - Area 2 JENGINEERING & HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 Property boundary EWP Project Area DSR 2004-44 TEL. 828.281.3350 FAC. 828.281.3351 www. al t amontenvironmental. com Pi Road Yancey County, North Carolina Surface water 80 0 80 Feet 06-07-05 t '??i''f+ 1? h ?Y NIP" . 40 0: A I + l4 A p i Figure 5 Area 1 South Toe River DSR No. 2004-44 Yancey County, North Carolina 50 COLLEGE STREET, ASHEVILLE, TEL. 828.281.3350 FAC.828.'. www.altamontenvironmen i01 1 1 ¦ ty ; {- Te i? i N G I N E E R I N G & H Y D R 0 G E 0 L 0 JJ COLLEGE S T REF 1. -kSHEVILL . NC 2880! TEL 828.281.3350 FAC 818 2SL33il w-altamonte vironmental.com DRAWN BY: ZAN PRICE PROJECT MANAGER: STUART RYMAN NOT TO CLIENT: YANCEY COUNTY DATE: 06/23/05 r ?t9 - - ----- ---- - } j?? ?• * ` .. ?,?r 1. I FIGURE PROPOSED BANK REPAIRS SOUTH TOE RIVER-AREA I 5a EWP 2004-44 YANCEY COUNTY, NC FILE PATH: P: \YANCEY-EWP\DSRs\DSR 44-SOUTH TOE RIVER \PCN\44-CONCEPTUAL DESIGN PHOTOS.DWG