20051818 Ver 1_Complete File_20050926

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Miclwcll:. Easley, Governor

;. William (j Ross Jr., Secretary
North Carolina Department of Environmcnt alld Natural Resources

Alan W. Klimck, P.E. Director
Dil'i,joll of Water Quality

October 7, 2005

DWQ Project # 05-1818
Yancey County

Monica Schwalbach, Acting Forest Supervisor
USDA National Forests, Appalachian Ranger District
Post Office Box 2750
Asheville, NC 28802-2750
. DENR - WATER QUALITY
Subject Property: South Toe River Road, Mile Post 0.20 Slop~.~~pM'tDSTORI.lWATERBRAtICH

ill/1J@rnaW/1J @

OCT 2 4 2005

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs. Schwalbach:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 360 linear feet of streams for the purpose
of streambank repair at the subject property, as described within your application
received by the 'N:C. Division of Water Quality (DWQ) on October 3, 2005. After
reviewing your application, we have decided these impacts are covered by General
Water Quality Certification Number(s) 3494 (GC3494). The Certification(s) allows you
to use Nationwide Permit(s) 3 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
ot 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:

.$VA
NCDENR

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2o.enr.state.nc.us/ncwetI3nds

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

Yancey County:
Page 2 of6
October 7,2005

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1. Impacts Approved

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

Stream

Plan Location or Reference

Units)

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 ofthe North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

,.

Yancey County:
Page 3 of6
October 7,2005

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

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

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rul~s, 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 "emergency" 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-
"emergency" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

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

Yancey County:
Page 4 of6
October 7, 2005

~

8. Only ~Iean, large, al}gular rock, large woody material, or other natural stream 'design
materials and technrques 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.
Should large, angular rock, large woody material, or other natural stream design
materials and. techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.

9. The channel should be restored to a more stable condition. However, under no
circumstances should riv'er 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 flowlgrade 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 y.fidening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
.',

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. Sandbags or
other clean diversion structures should be used 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. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.

13. Disturbed stream banks and a 30-foot vegetated zone (as required under the HQW
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

,.

Yancey County:
Page 5 of6
October 7, 2005

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.

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

15. Diffuse Flow'

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

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located withfn 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
andlor 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 andlor
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://h20.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 28. .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 of6
October 7, 2005

..

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal andlor 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 90 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,

~C.2~jx

Alan W. Klimek, P.E., Director
Division of Water Quality

AWKlkhb

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: David Smith,
David D. Smith and Company
46 Haywood Street
Suite 201A
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files

l{ 0/

Filename: 05-1818.USFS.SouthToeRiver.Approval

Triage Check List

Date: 09/30/05

Project Name: South Toe River Milepost 0.20 Slope Repair
DWQ #:05-1818
County: Yancey

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 9/26/05 to 11/24/05

.\ T--; '''.\;".!

From: Cyndi Karoly Telephone: [phone]

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

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

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

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For S~c~Bon ~ij~ ~nd/or Scdnon 10 NadnOllHvidc, Rcgiomuft ~Illlcl iGclfficmn Permits, Sednon ,H}Jl
iG~H1en~n W~~~Clr QM:dn~ Ccr4xfka1nolUs, ~md Riparhm Buffclr :md "Y2tcrrg)l]c~ lBlU!:IlIclr RMHc5

This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of thc Rivers and Harbors Act, and for the North Carolina Division of Watcr Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should JrnO[ be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
J.ll1I: /i \ \ \ \j \.:.~'J\~.11_:j_~~C~.i1J:~1l.l.=.!llU/ \ \~JJ ,1.LJ.I,[?L F CJllUlt2J.2JJtJJ1.

The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE wcbsite at h.U~L}~\\\V.~~. US,~Cl:.(lr!m ,ll\il/\\dLmds'indc~Jlli_i], or contact one of the field
offices listed on pagc 3 of this application. The website also lists the responsiblc project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.

The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 40 I Certification will apply until the 404 Permit type has been determined by the US ACE.
Applicants arc encouraged to visit DWQ's 401/WetIands Unit website m
']t,t1:i/b~~t;m0.:a_Lc.i1,,=,,-LJ.0.::'.qt,:.\'_I:_t11111b to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the Gc. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].

Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application

Page I of 12

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). oeM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DeM will require a CAMA Permit and will coordinate the 404/401 Permits.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed projec't will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies arc listed on page 3 of this application.

1USACE PeJrmn~3 - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address inf'(mnation needs for all USACE
Nationwide, Regional or General Permits, as well as information required for State authorizations,
certifications, and coordination. fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
Ullt2;/!\\~\~\~~~a\~_:.llsac\:. ~!IJJl\.!J1 i U\\etlal1d~/I1\VJ?D-'..l~llLt'_(lf~~g:P.L~: Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field oHice lor specific answers to permit processing periods.

4J~Jl W2tCJr Ql\Il2nfilty CeJrttllfnc21ufiorrn. Oil' Ruffer RllIne~ - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit 5eV~lli1 collated copies of 2nn USACE
Permit materials to the Division of Water Quality, 40l/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief: if project impacts include less
than one acre of cumulative wetland/water impacts ~m!J less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at b_ilT);,:l!~~().l:Jll.lI,-:i!i~~-,-ll';':_L_t~iill~\~.~!lHl~bU~':"'=':-;...h!J.l1..l. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
BufTer Rule approval is sought in writing. Wetlands or waters of the u.s. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.

Page 2 of 12

1US AJrmy COTlP5 olf EnngnJn~~rr5 Wncntn i())mc~5 and Coa.mty CO'VCIr~gc
Asheville Regulatory Field Office Alexander Caldwell Ilaywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton A venue Ashe Cherokee Iredell Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: (828) 27 J -7980 Burke Gaston Macon Rutherford
Fax: [phone] Caban"us Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warrcn
Raleigh, NC 27615 Davic Halifax Randolph Wilkes
Telephone: (9 I 9) 876-8441 Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps of Engineers Bertie Dare Lenoir Tyrrell
Post Ol1iee Box 1000 Camden Gates Mm1in Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan IIel1ford Pasquotank
Fax: [phone] Craven Hyut: Perquimans "Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps of Engineers Bladen Harnett Pender
Post Ol1ice 130x 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland Ncw Hanover Scotland

NOIr~lh1 C21ronllm~ Stt2ttc AgellM:ll~B

Division of Water Quality
40 I Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (9 I 9) 733-5208
Fax: [phone] I

State Historic Preservation Office
Department of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]

us Wfi~~ ~m~ "Yfillmllil::Yc S~T"In~e / N2tJiOIm~n Marine JFll~beJrncg SCJr1'IllCe

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 2330]
Telephone: [phone]

Nati.onal Marinc Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 235] 6
Telephonc: [phone]

Page 3 of 12

CAMA mud NC C023~lln COMlll~n~5
Division of Coastal Managemcnt Dcautorl Chowan Hel1ford Pasquotank
1638 Mail Scrvice Center Dertie Craven Hyde Pendcr
Raleigh, NC 27699-1638 Drunswick Currituck Ncw lIanovcr Pcrqllimans
Tclcphonc: [phone] Camdcn Darc Onslow Tyrrcll
Fax: [phone] Cartcrct Gatcs Pamlico Washington
NCWRC and NC 1I'umn~ CoamtH~,g
Wcstcrn Picdmont Region Coordinator ^lIcghany Caldwell Watallga
3855 Idlcwild Road ^shc Mitchcll Wilkes
Kcrncrsvillc, NC 27284-9180 ^ vcry Stokcs
Tclcphonc: [phone] Durkc Suny
Mountain Rcgion Coordinator I3uncombe Hcnderson Polk
20830 Grcat Smoky Mtn. Exprcssway Chcrokee Jackson Rutherford
Wayncsville, NC 28786 Clay Macon Swain
Tclcphonc: [phone] Graham Madison Transylvania
Fax: [phone] Ilaywood McDowell Yancey

AJPJPJLllCA 1fKON IF<O>lRM lBlEGllNS ON ;PAGE 5. JPLEASE JIM]) NO']f SlUlEMll1rJP> AGES 1 - .1.

Page 4 of 12

to', i-'l

,~ 1 8 1 8

01fjft~~ Us~ O~ilny:

Form Version May 2002

V~A<CE Ac1fmll TIl0 No. l[J)"'VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or tiN/A".)

II. !Procc~snu]g

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Pennit D
~ 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide pennit 3

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concem (see the top of page 2 for further details), check here: D

[I. AppHc~m~ Information

1. Owner/Applicallt Information 1Dl@,@@,~~@, ~
Name: Attn. Acting Forest Supervisor Monica Schwalbach ~ 2aa~
USDA National Forests in North Carolina, Appalachian Ranger District St.? 2 6
Mailing Address: PO Box 2750 Asheville NC 28802-2750 ~A'n~f\1:'1~..C\\
OE.N.!\~I~ S,.~t(I"\\J\ Ii l'
'\.:.w~1~l"

Telephone Number: (828)-257-4268
E-mail Address:

Fax Number: (828)-259-0584

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached ifthe Agent has signatory authority for the owner/applicant.)
Name: David D. Smith
Company Affiliation: David D. Smith and Company
Mailing Address: 46 Haywood Street. Suite 201A, Asheville, NC 28801

Telephone Number: 828-254-4448

Fax Number: 828-255-0140

E-mail Address:[e-mail]

Page 5 of 12

nn:. Project }nformartion

Attach a viduity m.ap clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed 5itc pBan showing property
boundaries and development plans in relation to smTOunding 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 infonnation 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 infornled that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: South Toe River Road, Milepost 0.20 Slope Repair

2. T.LP. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): N/A

4. Location
County: Yancey Nearest Town: Burnsville
Subdivision name (include phase/lot number): Appalachian Ranger District
Directions to site (include road numbers, landmarks, etc.):
Traveling nOl1h from Asheville, NC on Hwy 19/23 take the Burnsville exit (Hwv 19 East).
Travel thm Bumsville on 19 approximately 20 miles to Hwy 80 South. After approx. 9
miles, turn right on South Toe River Rd (NFSR 472). Proiect on right after approximately
3.25 miles.

5. Site coordinates, if available (UTM or Lat/Long):-.Approximate coordinates 360 45' 5.9"
N/820 13' 12.4" w
(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.) .

6. Property size (acres): Approx. 0.11 acres

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

8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.cnr.state.nc.us/admin/maps/.)

Page 6 of 12

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proposed proicct sitc consists of recreational use such as
camping hiking and huntinf~. The stream banks of the South Toe were impacted during the
storms 01'2004. The banks along the South Toe River have failed along 400 If of the river. A
230 n portion of the road is impacted and the road is narrowed to one lane in this section.

10. Describe the overall project in detail, including the type of equipmcnt to be used:

In-Strcam Work

Excavate with a track cxcavator the failure zones of the slope additional bank as requircd to
install a reinforced concrete retaining wall to buttress the slope. Fonn and pour the concrete
retaininl!. wall. Create a temporary f()rd to access large wash deposit area in the South Toe River.
Utilize deposited gravel in this area to backfill the constructed retaining wall. Utilize boulder
size cobbles in this area to provide rock buttressing in lower half of retaining wall and slope.

Remove existing storm pipe and replace with a 24" pipe. Place additional 24" pipe and improve
roadside ditches.

Rebuild roadway to 20' gravel width.

Equipment that may be used to accomplish the above listed tasks includes; dump truck, back hoe
or hydraulic traek mounted excavator with thumb, and grader.

11. Explain the purpose of the proposed work:

Repair road and restore forest user safety alonl!. South Toe River Road resulting from severe
flood damal2.e in 2004.

The expected benefits

a. Prevent long term degradation of aquatic and rioarian habits by reducing the extent of
repeated road damage and sedimentation that \voulcl occur without treatment.
b. Protect water quality by reducing sediment delivery to the existing cold water fishery
resource.
e. Protection of the South Toe River Road from further damal!.c due to flooding and stream
bank erosion.

rrv. lPll"noll" lP;rc]e~d lHlns10ry

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the samc subdivision) in the past, plcase explain. Include
the USACE Action ]D Number, DWQ Project Number. application date, and date pennits and
ce11ificutions were isslled or withdrawn. Provide photocopies of previously issued permits,

Page 7 0 f 12

certifications or other useful inlormation. 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 {or prior segments of the same T.!.P. project, along with
construction schedules.

V. lFUl1ure lPll"ojed JP'H2Jm3

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justitication for the exclusion of this work from the current application. NO

VI. Propm;~d Impact:; to ''Vn1~n; oH~c United Stn1c5f'Wa~c.r:; oHliuc Sd~1~

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 justitication for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must bc clearly idcntitiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittcnt and perennial) must be shown on a
delineation map, whether or not impacts arc proposed to these systems. Wethnd 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 {or
listing or description, please attach a separate sheet.

l. Provide a written description of the proposed impacts: The impacts will be short term
sediment transport when excavation and backfill activities take place to construct and
buttress the concrete retaining wall. The channel bottom is almost entirely stones resulting in
minimum and short term sediment transport.
2. Individually list wetland impacts bclow:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate 011 map) (acres) (yes/no) (I inear feet)
N/A
..

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, Jlooding, ditching/drainage, etc. For darns, separately list impacts due to both stmeturc and llooding.
H 100- Year lloodplains are identilied through thc Federal Emergency Managemcnt Agency's (FEMi\) Flood Insurance Ratc tvlaps
(FIRM), or FEMA-approvetllocal lloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-351\-96 I 6, or
online at httn://www.fema.l!ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwatcr/saltwater marsh, forested wetland, beaver pond,
Carolina Oay, bog, etc.) Indicate if wetland is isolated (detcnllinalion of isolation to be made by lJSACE only).

*

List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0

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

Pagc~or)2

Strcam Impact Lcngth of Avcragc Width Pcrcnnial or
Sitc Number
(indicatc on Typc of Impact* Impact Strcam Namc** of Strcam Intennittcnt?
map) (Iincar feet) Bcforc Impact (please specify)
I Slope Repair 360 South Toe Rivcr 200 It Pcrcnnial
Tcmporary Ford
2 to obtain dcposit 10 South Toc Rivcr 200 Ii Percnnial
material

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culvcrts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and aller, and net loss/gain),
stabilization activitics (cement wall, rip-rap, crib wall, gabions, cte.), excavation, ditching/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 ean 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 Ilows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
wWW.usgS.gov. Several internet sites also allow dircct download and printing of USGS maps (e.g., WWW.tonozone.eom,
www.mapquest.com. etc.).

"

Cumulative impacts (linear distance in feet) to all streams on site: 360

VH. JImp~~d ..h~l}~llfn~3dnoJl] (A vonrllmll~c ~mcl .MInnnamnz2Hon)

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, lowel~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.

When at all possible equipment will be kept out of the stream channel and stream crossings will
be minimized. Temporary and or permanent vegetation shall be planted on all bare soils.

Erosion control measures including silt fences, etc. shall be llsed appropriately to prevent
erosion. Maintenance of the silt fence shall he checked on a regular basis to assure that it is
functioning at its capacity.

VHIT. MnttngattnoJl]

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Watcr Quality for projects involving greater than or equal to one acre of impacts to
freshwater wctlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, 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

Pagc9of12

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 buffcrs to protect open waters such as stremns; 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 lor this project, a copy of the mitigation plan must bc attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc.us/newetlands/strmgi de. h tm I.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if ofTsite), 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 nceded.
N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a peN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.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 iCet): N/A
Amount of bufTer mitigation requested (square feet): N/ A
Amount of Riparian wetland mitigation requested (acres): N/ ^
Amount of Non-riparian wetland mitigation requested (acres): N/ A
Amount of Coastal wetland mitigation requested (acres): N/ A

ITA:. ]EllllviiJroIrnm~lllltnn Jl})o~MlmM~llllt~dno:n (1l\~~MHir~cl liJy lIJl~JVQ)

Docs the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes: X No D

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or N0I1h Carolina Environmental Policy Act (NEP A/SEP A)?

Page lOorl~

Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review CUlTent thresholds for environmental documentation.
Yes: No X

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

x. .!?JrO~o5~c'I rrm3l~1~~3 OIl1l IDITJ2rrn21m 2!Hll W2~~r1llh~c'll!]1l1I1fjf~IrS (Jr~~1l1IJif('~cl !])y lDWQ)

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All butTers must be shown on a
map, whether or not impacts are proposed to the bufTers. COlTespondence [rom the DWQ
Regional omcc may be includcd as appropriate. Photographs may also be included at the
applicant's discretion.

Will thc 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 BufTer Requirements), or other (plcase identify___ )'1
Yes 0 No X If you answered "yes", provide the following infomlation:

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.

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

*

Zone I extends out 30 ICct pcrpendicular from near bank of channcl; Zone 2 extends an
additional 20 lcd from the cdge of Zonc I.

If buffer mitigation is required, please discllss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Bufter Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within l5A NCAC 2B .0242 or .0260.

XlI. 3~orr;m]\w~~c!r f;rcrn1L~ilIrc~ \hy !Q~Y<Q)

P~lge II of 12

Describe impervious acreage (both eXlstlllg 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 acrcage will not change.
Erosion and sedimcntation prevcntion and control will be maintained throughout this proicct
primarily through proper watcr management, construction sequencing, proper staging and
stockDiling material, and the maintenanec, at all times, of suitable channel capacity for expected
flow events. No equipment, fuels. lubricants, or other potential sources of water pollution will be
stored in areas that could he flooded duril1J~ this proiect.

XU. 5CW3gC DR.'.lp053~ (rcqJuircdllhy lJ)~/Q)

Clearly detail the ultimate treatment methods and disposition (nOl}disehargc or discharge) of
wastewater generated from the proposed project, or available capacity orthe subject facility.

National Forest campsite facilities are availablc ncarby. If they are closed, portable bcilities
shall be Drovided at the work site.

XUI. ViO}2HoDS (r~qMnJr~cllby JI)WQ)

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buner Rules?
Yes: 0 No: X

Is this an after-the-t~lct permit application?
Yes: 0 No: X

XlIV. OdJrnerr Cnrre8.lm.5d2llil~C5 (Ojpdnomlln):
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 End<mgered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A ~-

"

I"]

......

/f> '.' . ,-: ". /'l>:.~/'./ /./ ;,y.: i ,~,:>: r/ _-"
'....~':.::A]l[lnn~2Ill1tjAg~llilt's Sftgllllrii~,it,".--/ / ]J}2~O;'
(Agent's signature is valid only if an authorization letter trOlH the applicant is provided.)

Page 120l"!2

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. /-(ftti.ik.:.-.\> . "'~~b'
,I. ''}.:' ;IWi :jl
~\ .\~~..:t LIJ,}.. .:(/l;. .'
. "~~lik. ~\r'
.-<(.:/

oy \}\i /-\ T~)
~~~~~Vl~~~st~"",,", ",' ,)--:'_>.. ~;--:
15~15 ~.I); ~::' ~ :\ ,?-.
. :::.: .' I I :'.\ l:::-- '. ~.
SEP 2 6 2005 :::. I,.../.: .l...:.) ,.-..,: .-.., .-:
'. 0 ~.~
OENR. ws~~~~~~~1CH
WEltN-lDS HiD .

JP>Jr<e-C(OJl]sttrn.ll~~ii~lI1l No1nifk~1h}JI1l (]FeN) A!PJP>Bn~211noll1llF~JrlID1l

lFor S~dROJm ,~~,~ ~mcl/or S~dnoX] 10 Na!uonwidc, Regional mllru GCI11cII"3D J?crmll~s, Scdnon 401
GCHlcran W~~~Clr QM2Dntty Ccrtmca~noml, 2nd lliparhm BuflTcll" ~.m.d W2tClr3~ccllBMfjf~Ir RuAc5

This form is to be used for projects qualifying for any of the U.s. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Watcr Act and/or
Scction 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should JrnO~ be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
h t t Ii :;'; \ \' _~ _~ ,-,~ ,_I\~_..l~0_~LC~.ilr!11 v . !llU L~~SjJ 'lD.t:bfl.~JL1.L.m21.1.b Lt.'1.

The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at bll~.c~\\\.~~I\\.liS,~C,.?~lrll1\ .l11il/~~d'l~hilldl::\.Jl!.~~~, or contact one of the field
ot1ices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina 'and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.

The DWQ issues a corresponding Certification (General or Individual), and cannot tcll thc applicant
which 401 Certification will apply until the 404 Permit type has becn dctermined by the US ACE.
Applicants are encouraged to visit DWQ's 40l/Wetlands Unit website at
'1.:;I~:-,i~h.2p.~11'!:..j.:a_Lc.;11.::..usiPI.:\~..\.~LL:l!.~L') to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules arc applicable. The
applicant is also adviscd to read the full text of the General Certification (OC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the Gc. Applicants lacking access to the internet should
contact DWQ's Central Ot1icc in Raleigh at [phone].

Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. Tn such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application

Page I 01'12

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the N0l1h Carolina Division of
Coastal Management (DCM). OCM will determine whetIKT or not the project is within a designated
Area of Environmental Concem, in which case DCM will act as the lead permitting agency. In such
cases, DCM wiI! require a CAMA Pennit and will coordinate the 404/401 Pem1its.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.

lUSACE Ptermn~~ - Submit one copy of this form, along with supporting narratives, maps, data fOlIDS,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address infom1ation needs for all USACE
Nationwide, Regional or General Permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
blt..I2-:!J~\~\\~_.~~12~:~.~J~~l!J)J_~_._1J.l i [L!, ct 1<1 !llI:-'/I1_\~ nD.udJ FC_'U\.t;lL!21U: Processing times vary by permi t and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field oHice lor specific answers to permit processing periods.

4l~! W2~~T QllIl2nfi~ oCJr~m~2ttfio:n OIl' ]Buffer ]Fbnn~:J - All intormation is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit S~V~JjjJ collated copies of ~'liln USACE
Permit materials to the Division of Water Quality, 40I/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In bricf~ if project impacts include less
than one acre of cumulative wetland/water impacts ;llIrntd less than 150 feet cumulative impacts to
stremns, then a fee of $200 is required. If either of these thresholds is exceeded, then a tee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the lront of the application package. For more
information, see the DWQ website at b_'~~L:,ll.!~~n.l'll1J.-':"C'J~ltl:_cl~:;.~_~.~:in~.:\~stL'l!.l~I."~.L~~>.:.hUJ1). The lee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issucd from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
BulTer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of n Section 401 Water Quality Certification. Upon receipt ofa complete application
for u 40 I Certitication, the Division of Water Quality has 60 days to prepare n written response to the
applicant. This may incllldl~ a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.

Page 2 of 12

US AJrmy COJrfl}5 olf EnagnM~Clr5 1Fne~cl Ome~5 mrnd County COVCll"~g~
Asheville Regulatory Field Office Alexander Caldwell I laywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton A venue Ashe Cherokee Ire del I Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] CabalTus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Wan-en
Raleigh, NC 27615 Davie Halifilx Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Cun-ituck Jones Pitt
US Army Corps of Engineers l3ertie Dare Lenoir Tyrrell
Post Offiee 130x 1000 Camden Gates Mar1in Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven HyJI.: Perq u imans .Croatan National Forest Only
Wilmington Regulatory Field Offiee Anson Duplin Onslow
US Army Corps of Engineers I3laden Harnett Pender
Post Office 130x 1890 Brunswick Iloke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Ilanover Scotland

Nordlffi C~nOnllHll2 S~2ttiC AgeJiU:R~9

Division of Water Quality
40 I Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

State Historic Preservation Office
Department of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]

us lFn5~ ~mlJ Wfinrllnil:r~ SiCIr"/n~e / N2!nOIn2n Mnmine 1Fil5~eJrne3 Senn~e

US Fish and Wildlife Servicc
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 2330 I
Telephone: [phone]

National Marinc Fisheries Service
Ilabitat Conservation Division
rivers Island
l3eaufort, NC 285] 6
Telephone: [phone]

Page 3 of 12

CAMA mad NC Cm~5tt~n <COMlfllttTI~5
Division of Coastal Managcmcnt Bcaufort Chowan Hertford Pasquotank
1638 Mail Scrvice Centcr Ikrtie Craven Hyde Pendcr
Ralcigh, NC 27699-1638 13runswick Currituck New Hanover Pcrquimans
Tclcphone: [phone] Camdcn Dare Onslow Tyrrcll
Fax: [phone] Carterct Gatcs Pamlico Washington
NCWRC and NC 1I'Jrou~ <CoamtHte5
Wcstcrn Picdmont Region Coordinator ^Ilcghany Caldwell Watauga
3855 Idlewilcl Road ^shc Mitchcll Wilkes
KerncrsviIle, NC 27284-9180 ^ very Stokcs
Telephone: [phone]urke S urry
Mountain Region Coordinator Buncombe Ilendcrson Polk
20830 Great Smoky Mtn. Expressway Chcrokee Jackson Rutherford
Waynesvillc, NC 28786 Clay Macon Swain
Tclephone: [phone] Graham Madison Transy I van ia
Fax: [phone] Haywood McDowcll Yancey

AJPJP>ILJI<CA1rllOf'J IF<Q)JilliYlI JBlEGJIN5 ON JPAGJE 5. JP>R..lEASJE lIJl1]J NOT SilJIBlMJI1fJP>AGJES J. ~ 4.

Page 4 of 12

OIflfTI6.:C Use OUlin)':

Form Version May 2002
,n ~I ,0
'..1 '.)

U~A.CE Ac1fmn ITlD' No. ]1J)~fQ No.
(Ifany particular item is not applicable to this project, plcase cnter "Not Applicablc" or "N/A".)

n. JP'rrOCC33nn~g

1. Check all of the approval(s) requested for this project:
[2] Section 404 Permit 0
o Section 10 Permit 0
[2] 40 I Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide permit 3

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0

4. If payment into the North Carolina 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: 0

[][.

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), c~e~@liuw[g

Applic.nllnform.tion ~ ~
SEP 2 6 Z005

1. Owner! Applicant Information
Name: Attn. Acting Forest Supervisor Monica Schwalbach DENR - WATER QUALITY
lJSDA N . IF' N 1 C I' A I I' R D' WEUAllDS AND STClRIl'NATER BRANCH
atIOnu orests III ort 1 a1'O lllU, ppa ac 1mn anger Istnct
Mailing Address: PO Box 2750 Asheville NC 28802-2750

Telephone Number: (828)-257-4268
E-mail Address:

Fax Number: (828)-259-0584

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attachcd if the Agent has signatory authority for the owner/applicant.)
Name: David D. Smith
Company Affiliation: David D. Smith and Company
Mailing Address: 46 Haywood Strcet, Suite 201 A, Asheville, NC 28801

Telephone Number: 828-254-4448

Fax Number: 828-255-0140

E-mail Address:[e-mail]

Page 5 of 12

HI. Projcd ~nform2Hon

Attach a vadnity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed snt~ pDan showing property
boundaries and development plans in relation to sUlTounding properties. Both the vicinity map
and site plan must include a scale and north alTOw. 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 infomled that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: South Toe River Road, Milepost 0.20 Slope Repair

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

3. Propc11y Idcntification Numbcr (Tux PIN): N/A

4. Location
County: Yancey Nearest Town: Burnsville
Subdivision name (include phase/lot number): Appalachian Ranger District
Directions to site (include road numbers, landmarks, etc.):
Traveling north from Asheville, NC on Hwy 19/23 take the Burnsville exit (Hwv 19 East).
Travel tl1m Bumsville on 19 approximatcly 20 miles to Hwy 80 South. After approx. 9
miles, turn right on South Toe River Rd (NFSR 472). Proiect on right after approximately
3.25 miles.

5. Site coordinates, if available (UIM or Lat/Long):~.pproximate coordinates 360 L!S 5.9"
N/g20 13' 12.4" w
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing ofa distinct waterbody.) .

6. Property size (acres): Approx. 0.11 acres

7. Nearest body of water (streamJriver/sound/ocean/lake): South Toe River

8. 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/admin/maps/.)

Page 6 of 12

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proposed proieet site consists of recreational use such as
camping hiking and hunting. The stream banks of the South Toe were impacted during the
stonl1S 01'2004. The banks along the South Toe River have failed along 400 If of the river. A
230 n portion of the road is impacted and the road is narrowed to one lane in this section.

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

Tn-Stream Work

Excavate with a track excavator the failure zones of the slope additional hank as required to
install a reinforced concrete retaining wall to buttress the slope. Form and pour the concrete
retaining wall. Create a temporary ford to access large wash deposit area in the South Toe River.
Utilize deposited gravel in this area to backfill the constructed retaining wall. Utilize boulder
size cobbles in this area to provide rock buttressing in lower half of retaining wall and slope.

Remove existing storm pipe and replace with a 24" pipe. Place additional 24" pipe and improve
roadside ditches.

Rebuild roadway to 20' gravel width.

Equipment that may be used to accomplish the above listed tasks include>; dump truck, back hoc
or hydraulic track mounted excavator with thumb, and grader.

II. Explain the purpose of the proposed work:

Repair road and restore forest user safety along South Toe River Road resulting from severe
flood damage in 2004.

The cxpected benefits

a. Prevent long term degradation of aquatic and rioarian habits by reducing the exh:nt of
repeated road damage and sedimentation that would occur without treatment.
b. Protect water quality by reducing sediment delivery to the existing cold water fishery
resource.
c. Protection of the South Toe River Road from further damal!,e due to flooding and stream
bank erosion.

TIV. JPlI"nmr lP;m]~~~ iHIH~101ry

If jurisdictional detenl1inations 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 pennits and
cCltitications were issucd or withdrawn. Providc photocopies of previously issued permits,

Page 7 of 12

certifications or other useful information. Dcscribe 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.

v. IF!1l~l!!rc l?JI"o]cd l?H~ms

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

VIT. .Pro'pos~d Imffl;acts ~o W.~t~rg of HH~ United St.!tcs/W<ltcrs oHhc S~21c

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 justi1ication 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 arc 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: The impacts will be short term
sediment transport when excavation and backfill activities take place to construct and
buttress the concrete retaining wall. The channel bottom is almost entirely stones resulting in
minimum and short term sediment transport.
2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodpluin** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
N/A

List each impact separately ami identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excavation, Hooding, ditching/drainage, etc. For dams, separately list impacts due to both stmeturc and flooding.
H 100- Year lloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Centcr at 1-800-35R-9616, or
online at httn://www.fema.J!ov.
H* List a wetland type that best describes wetland to be impacted (e.g., n.eshwater/saltwater marsh, forested wetland, beaver pond.
Carolina Uay, bog, etc.) Indicate if wetland is isolated (detcnnination of isolation to be made by llSi\CE only).

*

List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0

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

Pagc1jofl2

Strcam Impact Lcngth of Avcragc Width Pcrennial or
Sitc Numbcr
(indicate on Typc of Impact* Impact Strcam Namc** of Strcam Intennittcnt?
map) (linear fect) Bcforc Impact (please specify)
I Slopc Rcpair 360 South Toe River 200 ft Perennial
Temporary Ford
2 to obtain deposit 10 South Toe River 200 ft Perennial
material

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (scparately list impacts due to both structure and flooding), relocation (include lincar feet before and aller, and net loss/gain),
stabilization aetivitics (ecmcnt wall, rip-rap, crib wall, gabions, cte.), excavation, ditching/straightcning, ctc. If strcam relocation is
proposed, plans and prolilcs showing the linear footprint for both the original and relocated streams must bc included.
*'" Stream namcs can be found on USGS topographic maps. If a strcam has no name, list as UT (unnamed tributary) to the nearest
downstream namcd strcam into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or onlinc at
wWW.t1sgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.eolll.
www.l11<lpquest.eom. etc.).

..

Cumulative impacts (linear distance in feet) to all streams on site: 360

V!IT. JImp~~l!:t Ju~mk3ttHoll1 (Avondmml!:l!: am! :Ml.nnn.imnzatnon)

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.

When at all possible equipment will be kept out of the stream channel and stream crossings will
be minimized. Temporary and or permanent vegetation shall be planted on all bare soils.

Erosion control measures including silt fences, etc. shall be used appropriately to prevent
erosion. Maintenance of the silt fence shall be checked on a regular b<.1sis to assure that it is
functioning at its capacity.

VliH. Mn1ngatnoll1

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the rinal Notice of Issuance and Modification of Nationwide
Pelmits, 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

Pagc9ol'12

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 valucs 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 US ACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placcd on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.em.state.nc.us/ncwctlands/strm gide. html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process lor thc
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. [f use of
the NCWRP is proposed, please chcck the appropriate box on page three and provide the
tollowing information:

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

rrx. IEm'HJrOll1ll1llleIl]t~n l!}lo~MlmMmd~~D.on (Jr~qMfiJr~cl by 1IJJ\'YQ)

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

If yes, docs the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?

Page 10 or I?

Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes: No X

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

x.. 1?Jro~m,,~cl rrm~2d5 mn ID!p~!ln"n2Im ~m~ Wa~eir3n1~cllBlMjfjf~Ir3 (Jr~qjMnrr~clllJy lDWQ)

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local butTers associated with the project. The applicant must also provide
justification tor 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 Ot1ice may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian butTers identified within 15A NCAC 2B .0233
(Ncuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randlcman Rules imd
Watcr Supply Burrcr Requirements), or othcr (please identify___ )7
Yes 0 No X If you answered "yes", provide the following inJom1ation:

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
multiplicrs.

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

*

Zonc I cxtcnds out 30 feet perpcndicular ti'olllncar bank of chanllel; ZOIlC 2 exll:llds all
additional 20 lect from the cdge of Zone I.

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

XII. S1iDIrmWll1cT fa'cJ.]\L'JITrrclll ih:y !G1.il'Q)

Pagcllafl2

Describe impervious acreage (both eXlstlllg and proposed) versus total acreage on the site.
Discuss storm water controls proposed in order to protect surface waters and wctlimds
downstream [rom the property.
Impervious acreage will not change.
Erosion and sedimentation prevention and control will be maintained throughout this proiect
primarily through proper water management, construction sequencing, proper staging and
stockpiling material, and the maintenance, at all times, of suitable channel capacity for expected
flow events. No equipment, fuels. lubricants, or other potential sources of water pollution will be
stored in areas that could be flooded during this proiect.

XH. Scw~gc Di"'pGs~n (lI"cquin:U1 hy DVVQ)

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.

National Forest campsite facilities arc available nearby. If they are closed, portable facilities
shall be provided at the work site.

XU!. VioD~Hons (n:qMBJrccllby JIJlWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buner Rules?
Yes: 0 No: X

Is this an after-the-f~lct permit application?
Yes: 0 No: X

XKV. Ott!heIr CnJr~MIlJlil5tt<nllil~C3 (OJPlttnmrn~nn):
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 Endtmgered and
Threatened Species, accessibility problcms, or other issues outside of thc applicant's control).
N/A" -

".-?
.~> "/ ,,c..;,. . ,"/' /..> ;
, / . ~ .,.~/ ,I , ./,/ .-

\...,~~"::Ai[lHne~mtjAgc!rnt'3 Sig!I]di~Jl // i j[J)~~o/
(Agent's signature is valid only if an authorization letter ii'om the applicant is provided.)

Page 12 or!2

DAVID D. SMITH AND COMPANY

NC Division of Water Quality
Date Type Reference
9/23/2005 Bill 173604-890-01-03

9/23/2005
Original Amt. Balance Due Discount
475.00 475.00
Check Amount

2 005 1 8 1 8

9449

Payment
475.00
475.00

ill[g@[gDW[g@

SEP 2 6 2005

DENk . WAlEk qUALITY
WETlANDS AND STORMWATER BRANCH
I
475.00

Carolina First - Ckn South Toe River Road - 173604-890-01-03

;I

~@@~nw~~

SEP 2 6 2005

OVERALL SITE PLAN

DENR - WATER aUALI~AlJCH
WEl\.ANOS AND STORMW~'TER DlV'"

o 500' 1000'

2000'

1000'

ISSUED: DDSCO. PROJECT NO. 173604-3
June 03, 2005 . :l57. Submittal
September 08, 2005 1007. Submittal

SCALE: 1" = 1 000'

C-1

UTILITY SURVEY DATA BY:
High Country Surveyors
141 B Merrimon Avenue
Asheville, NC 28801

DAVID D. SMITH and COMPANY, PLLC.
Civil and Structural Engineering Consultants
46 Haywood street, Suite 201 A
Asheville, NC 28801
[phone]

NATIONAL FORESTS IN NORTH CAROLINA
APPALACHIAN RANGER DISTRICT
YANCEY COUNTY, NORTH CAROLINA

PROJECT:
SOUTH TOE RIVER ROAD, FSR 472
ROAD MAINTENANCE AND REPAIR

OVERALL SITE PLAN
& ROAD LAYOUT

TOPOGRAPHIC SURVEY BY:
-United States Forestry Service
-Metropolitan Sewerage District
of Buncombe County
-North Carolina Arboretum

;I

2.\ 51818

OVERALL SITE PLAN

~~@~nw~ ~
SEP 2 6 2005

o 500' 1000'

2000'

1000'

DENR. WATER QUALITY
VfETWIOS AND STORtINATER BRANCH

ISSUED: DDSCO. PROJECT NO. 173604-3

June 03, 2005 ~57. Submittal
September 08, 2005 1007. Submittal

SCALE: 1" = 1 000'

C-1

UTILITY SURVEY DATA BY:

High Country Surveyors
141 B Merrimon Avenue
Asheville, NC 28801

DAVID D. SMITH and COMPANY, PLLC.
Civil and Structural Engineering Consultants
46 Haywood street, Suite 201 A
Asheville, NC 28801
[phone]

NATIONAL FORESTS IN NORTH CAROLINA
APPALACHIAN RANGER DISTRICT
YANCEY COUNTY, NORTH CAROLINA

PROJECT:
SOUTH TOE RIVER ROAD, FSR 472
ROAD MAINTENANCE AND REPAIR

OVERALL SITE PLAN
& ROAD LAYOUT

TOPOGRAPHIC SURVEY BY:
-United States Forestry Service
-Metropolitan Sewerage District
of Buncombe County
-North Carolina Arboretum