20061854 Ver 1_401 Application_20061106

FILE COPY
November 28, 2006
Ms. Lori Beckwith z o o s ~ 8 5 4
US Army Corps of Engineers _
151 Patton Avenue, Room 201 '' ~ ~''
Asheville, North Carolina 28801
~~~EIVED
and
Mr. Kevin Barnett ~ ~ ~° ~ m !~"`: ~~ ~~ e
NC Division of Water Quality ~ ~ ~. ~
2090 US Highway 70
Swannanoa, North Carolina
Re: High Vista Homeowner's Association
Lori and Kevin,
The High Vista Homeowner's Association is seeking after-the-fact permit authorization
under a Nationwide Permit 13 for bank stabilization activities. Work was conducted
along an unnamed tributary to Line Creek, east of the Vista Falls Road crossing. A
debris blockage was removed from the culvert inlet and approximately SO linear feet of
accumulated sediment was removed immediately downstream of the culvert. A sewer
line runs adjacent to the creek and five areas of severe erosion near the line were
discovered. These areas of erosion threatened the structural integrity of the sewer line
and therefore needed to be stabilized. Stabilization activities included the sloping of
vertical banks and the installation of filter fabric and large boulders. Pictures showing
the condition of the stream before and after construction have been included for your
review. Pictures 1-3 were taken in September and pictures 4-8 were taken in November
after construction was complete.
Kevin Barnett with the Division of Water Quality was contacted on November 27, 2,006
by Jennifer Robertson with Wetland and Natural Resource Consultants regarding this
project. Mr. Barnett confirmed that there was no longer sediment in the stream and the
stream will be in a stable condition once the grass that has been hydroseeded gets
established. It was also indicated to him that restoration activities on site will include the
installation of vegetation.
Should you have any questions regarding this project please contact me at 828-890-0031.
or 828-681-8302.
.,
Since.. y,
wnie Higgs
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~ftflce use ~1~nfly° Form Version March OS
20061854
~JSACE Acts®n ~ N®° ~`~J~'Q I~l®.
(If any particular item as not app~teabte to tn~s project, please enter ~~ivot xppucao-e: or -.iv~H .) --
g. ~rucessnng ~. ~ ~; E I V E C~
i. Check all of the approval(s) requested for this project:
~, Section 404 Permit ^ riparian or 4JVatershed 13uffer Mules
Section 10 Permit ^ Isolated ~TJetland Perrrlit from DVVQ
401 ~Tater Qualit<j Certification ® E,cpress 401 Water Quality Certification
2. Nationwide, regional or general Permit Nuinber(s~ requested: ~~~~'~ ~,~~
3. If this notification is solely a courtesy copy because written approval for the 401 Certif cation
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Man lea of
--~ ~:~,
Environmental Concern (see the top of page 2 for further details), check i:.:~~ ~'
~fi. Applicant ~Tnf®ranatlnn
~~O~J 2 ~ 20G~a
1. ®wner/Applicant Information ©ENR-`~~` ;;'~' r5yv„~.;'
e raps ~:h'~ ~ `~
Name: ~ Ili ~ ~/ K`7'~~N1Eo wJo~e s ~sSoc~.s-n~o~•1 ~ ~~n W ~l ~ E S
Mailing Address: ~~ 1$oX ~f3 ,~~,2DE~l l~1 G. 28~~t..
Telephone Number: 84~ - 0031 d Gv/-83o2 Pax Number: X90 - 00 31
E-mail Address: -~ o4a b ~ ~~ s ~ ~.v ~ - ~r~
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signator,~ authorir,~ for the owner/applicant.)
trams:
Company Affiliation:
Mailing Address:
Telephone Number: Pam Nurriber:
E-mail Address: ___
Page 5 of p2

~1I~~ ~P ~~jec:t Iffif®~nna~®n
attach a vIlClral~ map clearly showing Mlle Location of the property ~.vith respect to Local
landmarks such as tos~~ns, rivers, and roads. ~.Iso provide a detailed site phase showing property
boundaries and development 91ans in relation to surrounding properties. both the vicinity map
and site plan must include a scale and north arrow. The speck footprints of all buildings,
impervious surfaces, or other facilities must be included. Yf possible, 'the maps and plans should
include the appropriate LTS~S Topographic Quad Map and A~tCS Soil Surrey with the property
boundaries outlined. flan drawings, or other maps array be included at the applicantPs discretion,
so long as the property is cflearly defined. h'or administrative and distribution purposes, the
i;15t~C~ requires information .o be submitted on sheets no larger Than 11 by 17-inch format;
however, DVVQ may accept papea-~vork of any size. 1~~ii1Q 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. lvaane of project: 57~bf +-IZ~ ER~oo~! ®ScwEft ®/~~[contASE~HEl~I~s~l Loo. 5¢ITtr~1-1
tal ~-}I~}I VtST,g„ CoMMUJ~rJY
2. T.1.P. Project dumber or State Project i~tumber ~TCI~©'~ flnly):
3. property Identification T~umber Tax i'lA1): ~~ 1 ¢ l S.~ ~¢ ~
~. Location
Coi~nttj: 13uNmMP~ ~~ Dc-t2so~( t~learest Town:_ ~~t~~-5 ~iy~
Subdivision name ~iaaclude phase/lot nuanber): I~,~ ~ ~K?A l~NChc U N rTY
Directions to site include road numbers/manes, landmarks, etc.):~~ IIwY 7~ - 4.ss~ ~(
~~1(n 7~Fb/U.S ,~D 'fD c~'f IQ. (~ LEFf' ~t f a l ~ t}1d1a1 EMR.~« ~ f~ia~u Vi~ra ~AI'P• 6M.
fZ+G4+~f tuTa 1~~ 21G~T a.GeiN -nls~ IsT [E~' aJTo F~avv~Y ~a-~s ~v. ~, {emu-or,, 7n yi5~..
~~, ~R~ 1v~ ~l~N~, ~ 6o A7s+(!N f~f~-~- ~ F{~Sj 3MA~+.~ 5T'Cb`t~l. Ifl+S r5 71# 5~"TE Cr~cc'rio~t .
S. Sits coordinates (~'or Linear projects, such as _a road or utility sine, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
l~~ecimal Degrees ~~ digits minimum): ,, 3S' ° z5' 44 " °I~T B Z ° 34 t ~ ~- " "~
6. Property size nacres
7. I~Iame of nearest receiving oody of water: ~.l N~ C~Er~~c
3. Lover basin: ~Ek~ ~~D
emote -this must be one of ~lorth Carolina's seventeen designated major ri~~er basins. T'ne
liver basin map is available at I~ito://h2o.viu.state.rc.~asladmir_imaps/.)
9. Describe she e:r_isting conditions on 'she site aald getaeral Land use in the vicini~y of the project
at the ti~~e of tlz.~s application: s' ~~ , ~~ t,,l cov~r,no~l dP,~~-nv~t ts~ac+c ' Y.-~s o~
P~f7' ZF~~y~vcc-s J~tr~ s~oE ~ c~~~r~c~- 6Eio~ Vr~,a Fay-~-s ~b ~~.IAU.y grac~sv ~- afc~
r~ / ~ v o' .
~(.,~, ~51oh1 PN ~ S'T~ ed 1/4(4oug pea~5 .o~n~i aPR 3m' gEeoeJ Gc~LV~~-T v~1-F~ey~
i23~~ J 7f ; ~

1a. describe the overall project in detail, including the type of equipment to be used:
11. explain the purpose of the proposed work: ~5T~B~u zE ~,¢/s~sro~l a St'~~R s~t~lo~s ~'
~I ~l g5 .~'D F~.EV E~Tf' ~b4c.W 4TE~Z / N CU LV~ ~ Y f STA C i~S CZTJ .
~. ~~®r ~'~°®ject mast®r•,~
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 U$ACE Action Il~ dumber, 1Z~Q Project I~Tumber, 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, steam and
buffer impacts, along with associated mitigation (where applicable). If this is a NCD®T project,
list and describe permits issued for prior segments of the same ~'.l.P. project, along with
construction sehedules._ ~~ ~ ~~,
~. ~uta~re Pr®~ect Mans
.ore any future permit requests anticipated for this project? If' so, describe the anticipated work,
and provide justification for the exclusion of this work 3TOm the current application.
`~. Prep®sed ~~apacts t® ~Yate~ ®f the ~Tnnted ~tates/~aters ®f the Mate
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, ®pen water, and stream channels associated with the project. 1/ach impact must be
listed separately in the tables below ~e.g., culvert installation should be listed separately ~`rom
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifabie on an
accompanying site .plan. All wetlands andwaters, and all streams intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
~1~Ietland and stream evaluation and delineation forms should be included as appropriate.
P'.notographs 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 ~JIII below. If additional
space is needed for listing or description, please attach a separate sheet.
l
1. Provide a written description of t're proposed impacts: JtMMWaart.~r ~~ pAcp- M ~~ ~,,,~ '~vE ~
~Mo~!(L_ dF ~QoX ~0 4-.JE~- fK' ®~ <,ct7rME~ Ju5! ~ELaJ cc~LUftz-r ISO d7J~. ,a-tAtc-r ~au~c,~a
~,.+N~-~ ~o7~NNS~ 8$c ~-~ B~ cauE ,n~ ~re~rr ~Qosiohl S~Sa-ua.~-,nw.i waeet ~~-+~es .6cext~ .4PPaoy 30~'~r~.
t'1 . Of' ~~'~'~ ~6~1KF ,. /~-LL .~80VE '-H~ L~J:~TF.~ ~.1 U.~ . ~~ ~2y/FJJT LKf~ h nl1Ly ~i(~F~. ~A~I¢v ,/ _
g9uLy~~s ~' ~`rtNtmsr~.
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~. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, dill, excavation, flooding, ditching/drainage, etc. for dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
ploodplain
( es/no) Bistance to
Nearest
Stream
(linear Beet) Area of
Impact
(acres)

I

Total Wetland Impact (acres}
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identif~j temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., Bement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Interanittent? Average
Stream Width
Before Im act Impact
Length
Linear feet Area of
Impact
(acres)
cant ~ 1 Et~1P~-'( lJ'`E1~t~1! J Z~~ t .tea l a- ~ I
Spa ~1~~
a t1 ~, ~, ~, r 50 ~ o, o o ~
~v~ H~ ~

Total Stream Impact (by length and acreage) ~ 00 O, d
~. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the fT.S.). Open water impacts include, but are not limited to
f 11, excavation, dredging, flooding, drainage, bulkheads, etc.
Open `Hater Impact

Site Number

(indicate on map)
i`iame of Waterbady

(if applicable)

Type of Impact Tyree of Waterbody

(fake, pond, estuary, sound, bay,

ocean, etc.) Brea of

Impact

(acres)

Total Open W2ter Impact (acres)

?ag. ~ of i2

6. 11ist tl'.e cumulative impact to all Maters of the I.J.S. resulting Porn the roroject:
Stream Impact acres): p, o
Wetland Im act (acres):
~ en ~1Vater Irn act (acres):
Total Impact to Waters of the IJ.S. (acres)
Total Stream Im act (linear feet): -f 3®0
~. vca~
3DO')
7. Isolated Waters
Do any isolated waters exist on the property? ®~es ~No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Tease note that this section only.
applies to waters that have specifically been determined to be isolated by the LTSr1 CE.
~. fond Creation ~ /~
If constnaction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. t11so, 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.):
Prop©sed use or purpose of pond (e.g., iivestoclc watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: lrxpected pond surface area:
'~. ~ffipac~ ~ustn~cataun (~v®adance aid i~ni~zalfl®n)
Specifically describe aneasures taken to avoid the proposed impacts. It array be useful to provide
information related to site constraints such as topography, building ordinances,. accessibility, and
financial viability of the project. ~'he applicant play attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. ~~so discuss how impacts
were ariinimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
LS . ScE L'~ -h6, ~
'~I~~l~. i~tlgati®n
II?WQ - In acc®rdance will^~ 15~ ?~TC,~:~ 2l~ .~5d0, r~tigata~on ma;T be required by the i~C
Division of Water ~ualit~ for projects involving greater than or equal r® one acre of ?mpacts t~
freshwater wetlands or greater than or equal to 15® linear feet of total iyripacts to perennial
streams.
,igg ~ CZ 12

~~ 50' LEA,?!-} of s~b-~t~~'Z' ws5 ~a~nbvEv r-rr~~ ~4~
`~ ~„~,~ C~-ac.~q `p~ ~--r~-Y ~ ~-r° -~.tJUt- ~st-'~v (~~av~ r ~t h E~~ATEL c
~~ ~~~ • ~ N~ ouE ~u~ ® a -t7H~ v~L ~a~ 5~~~~~ was
cJ~S ~R~D L~t.t>~•IL-~ 5?Y~'"l Wa-71 ~.16z 'Ta $c
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~a ~ oil ~•LB l~-I ~"~"'~ ~ Lo ~ ~ 300 U 1.1 ~. ~~=r ©~~
oN c~ -ra ~v~uT ®F'- M ~'`' in lZE 5~171x~J' 1~
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iJSAC~ - In accordance with the p'inal Notice of Issuance and l~Todir~cation of Nationwide
Peranits, published in the Federal l~.egister on January l5, 2q(32, ntigation gill be required when
necessary tc~ ensure that adverse effects to e aquatic environment are rnlnimal. Factors
including size and t<,,~pe of proposed impact and f-a~nction and relative value of t12e impacted
aquatic resource will be considered in deter~raining acceptabilit~j of appropriate and practicable
mitigation as proposed. examples of ntigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining evetland
and/or upland vegetated buffers to protect open waters such as streayns; 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 LTSACE or I~~I(~ to consider the application coanplete for processing. Any application
lacking a required mitigation plan or NCl/EI' concurrence shall be placed ®n hold as incamplete.
An applicant may also choose to review the current guidelines for stream restoration in ~~V~'s
I~ra~ Technical wide for Stream ~Torlc in North Carolina, available at
http :/i 1_i2a.enr.state.sic.us!nc~~tetlasgdsistrmgide.httnl.
Provide a brief description of the proposed ~nitigati.on 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, enhancetnent, .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 constnaction. Please attach
a separate sheet if more space is needed.
2. l~fitigation may also be made by payment into the North Carolina ~cosystera ilnhance~nent
1?rograrn ~iC~~I'). Please note it is the applicant's responsibility to contact the NCi/~P at
(914) 7 s 5-®~ i 6 to determine availability, and written approval front the NC~~P indicating
that they are wi11 to accept payment for ahe mitigation must be attached td this form. For
additional information regarding the application process for the I~iCi~P, check the NC~EP
website at http://h?o.enr.state.nc.~isiwipiindex.htm. If use of the NC~EP is proposed, please
check the appropriate box ®n page eve and provide *.he following information:
Amount of stream mitigation requested. (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount afHon-riparian? wetland =nitigation requested (acres):
Amount of Coastal ~uetl~d mitigation requested (acres):

Page 10, # 1 of Permit Application
Fifety linear feet of sediment from previous development on site was removed
downstream of the Vista Falls Road crossing and a debris jam was removed upstream of
the crsossing.
Stream banks on site were vertical and actively eroding. The structural integrity of the
adjacent sewer line was in jeopardy. Vertical banks were reshaped, sloped back, and
immediately hydroseeded. Unstable meander bends have been stabilized using filter
fabric and large stones. Several areas that were hydroseeded have not rooted and these
areas are bare. These bare areas will be reseeded and covered with germination blankets
to ensure seed survivability. Woody vegetation along the stabilized areas will be
installed in the spring. Vegetation type and size will be limited in some areas due to the
close proximity of the sewer line and sewer line easement.
~~ ~-

2Envnranimanela$al ~-ocunaentati®ar (;regan~eal by ~W~)
1. Does the project involve an expenditure of public (federaUstate/local) funds ;~r the use of
public (federallstate) land? Yes ^ Ia1o~
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-503 to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach. a~copy of the NEPA or SEPA final approval letter. Yes ^ No ^
~. Pr®pnsed impacts ~n Ii~iiaalrian and Watershed Bull~e>rs (required by ~~~)
It is the applicant's (or agent's) responsibilittf 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 ~IiI above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. Ali buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWG
Regional ®ffgce may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian. buffers identified within 15A NCAC 2B .0233
(IVeuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ 1ZTo
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calcAalate $~e required amount of mitigation by applying the
buffer multipliers.
* ~ Impact ~ ~ Required
Zone' r~„~ z~A f a+~ IV3ultiplier A~.~__,.__
1 ~ I 3 (2 for Catawba)
2 1.5 -~
Total
r Zone 1 extends aut 30 feet perpendicular from the top of the near bank of channel; Zane 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Bonation of I'ropert~~, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration y und). Please attach all appropriate information as identified
within 15A NCAC 2B .tJ242 or .0244, or .0260.
page 11 of 12

~. ~t®~ ilnwater (req~.~ared by ~~~)
Describe impervious acreage (existing and proposed) ~Jersus total acreage on the site. Discuss
storniwater controls proposed in order to protect surface waters and wetlands downstream from
the property. if percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. F ~
X~. ~e~rage lisp®sai (requnred by ~~~~~
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.
~. ~Ja®latflons (requl~-ed by DWQ)
is this site in violation of DWQ Wetland lgules (15A I~ICAC 2II.0500) or any Buffer Mules?
Yes Q I<io Q
is this an after-the-fact permit application? Yes ~ No
~J. Cuynnla~ve ~mpac~ (requna~ed by II~WQ)
Will this project (based on past and reasonably anticipated future impacts) result in di ~onal
development, which could impact nearby downstream water quality? Yes ® No
if yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent iVorth Carolina Division of Water duality policy posted on our website at
http:l.%h2o.enr.state.nc.usr"ncwetlands. if no, please provide a short narrative description:
rv, ether ECarcuamsta~ces (~pti®nad):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. l~Iowever, an applicant may
choose to list constraints associated with construction or sequencing that array impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with 1/ndangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~p~~an~
a~/
gate
(Age?~t's signature is valid only if an authorization lettea- F~oar the applicant ?spa®€~jded.~
page 12 of 12

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