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HomeMy WebLinkAbout20041925 Ver 1_Complete File_20050306 WA7-F;q Michael F. Easley, Governor G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources DL Q 1 Alan W. Klimek, P.E. Director Division of Water Quality February 16, 2005 DWQ Project # 04-1925 Yancey County Michele Lawhern, County Manager Yancey County Room 11, Courthouse Burnsville, NC 29714 Subject Property: Long Branch EWP 2004-11 Approval of 401 Water Quality Certification with Additional Conditions Dear Mrs. Lawhern: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 1,280 feet of streams for the purpose of streambank stabilization at the subject properties, as described within your application received by the N.C. Division of Water Quality (DWQ) on January 19, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3376 (3376)., The Certification(s) allows you to use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet http://h2o.enr.state.nc.uslncwetlands Ne o Carolina Ntumlly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Yancey County: ` Page 2 of 6 February 16, 2005: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference I Stream 1,280 feet Lon Branch 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Yancey County: Page 3 of 6 February 16, 2005: 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Long Branch is classified C, Trout. As such, the following Administrative Codes apply: 15A NCAC 04B.0125 and 15A NCAC 0213.0211 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, unless authorized under Division of Land Resources Erosion and Sediment Control approval. Matting should be secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an anticipated difficulty in establishing ground cover during the winter, reseeding should be conducted, as necessary, in the spring-time with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 8. Only clean, large, angular rock, large woody material, or other natural stream design materials and techniques should be used for bank stabilization. Rock should not be placed in the stream channel in a manner that constricts stream flow or that will impede aquatic life movements during low flow conditions. Filter cloth should be placed behind large rock that is used for bank stabilization. Properly designed rock vanes should be constructed wherever appropriate on bank stabilization and channel realignment stream reaches to improve channel stability and to improve aquatic habitat. Root wads should be installed low enough in the bank so that a significant portion (at least one-third) the root wad is inundated during normal flows. Yancey County: Page 4 of 6 February 16, 2005: 9. The channel must be restored to a more stable condition. However, under no circumstances should river rock, sand or other materials be dredged from the stream channel under authorization of this permit except, if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for reestablishing the natural and more stable stream channel dimensions. Stream bed materials are unstable in flowing-water situations and are unsuitable for bank stabilization. Stream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the stream upstream and downstream of the permitted area should not be modified by widening the stream channel or changing its depth. 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 are not permitted because they block the floodplain, constrict and accelerate flood flows, and often fail or impede drainage during large flood events. 11. Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags or other clean diversion structures should be used where possible to minimize excavation in flowing water. Channel realignments should be constructed by excavating the new channel from downstream to upstream before connecting it to the old channel. 12. Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 13.As long-term stream stability is a concern with this type of work, it is strongly recommended that woody vegetation be established along stream banks where possible. Any riparian vegetation planting should be performed in accordance with the Guidelines for Riparian Buffer Restoration. 13. Monitoring The Permittee shall examine the stabilization work done under this Certification on an annual basis for three (3) years following the completion of the restoration efforts. This field evaluation should note the condition and stability of the measures installed and how well the repair is holding up. A written report must be provided to DWQ's Asheville Regional Office by June 1St of each year. The report must describe inspection results, include digital photographs, list the date of inspection, and describe any needed repairs or corrections. 14. The permittee will provide on-site supervision of stability work including, but not limited to bank re-sloping, in-stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. ' I Yancey County: Page 5 of 6 February 16, 2005: 15. If pasture along the stream is to be used for grazing, the permittee must inform the appropriate landowners that cattle should be prohibited from damaging riparian areas and from de-stabilizing the stream banks and channel. 16. 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. 17. Water Quality Certification Notifications The permittee must provide a copy of this issued Water Quality Certification and attached cover letter to each property owner where the approved work will be performed. 18.Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Yancey County: Page 6 of 6 February 16, 2005: This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, Alan W. Klimek, P.E. AW Klkhb Enclosures: GC 3376 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 04-1925.EWP. Long Branch.Approval MEMORANDUM TO: John Dorney Non-Discharge Branch SUBJECT: Regional Contact: Barnett. Kevin WQ Supervisor: Forrest Westall Date: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Yancey County Long Branch E" County Yancey Project Numbel?04? 1929 County2 Recyd From APP Region Asheville Received Date 12/1/04 Recvd By Region Project Type debris removal, stream channel and streambank Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 37 Stream O1 O N F_ 7-2-52-31 FC Tr 40,306. F_ F 150.00 (--0Y ON I F-F-F-F-F- Mitigation Wetland MitigationType' Type Acres Feet Is Wetland Rating Sheet Attached? O Y 0 N Did you request more info? O Y 0 N Have Project. Changes/Conditions Been Discussed With Applicant? O Y *N Is Mitigation required? O Y *N Recommendation: O Issue 0 Issue/Coed O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issued under 04-1925 cc: Regional Office Central Office Page Number 1 Triage Check List FILE COPS Date: 2/3/05 Project Name: Yancey County: Cane River EWP DWQ#: 04-1925 County: Yancey To: Kevin Barnett, Asheville Regional Office 60-day Processing Time: revised 1/24/05 to 3/24/05 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! ENGINEERING & H Y D R O G E O L O G Y4 50 COLLEGE STREET, ASHEVILLE, NC 28801 t TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com January 18, 2005 0 q Ms. Cyndi Caroly Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Yancey County EWP Project Revised Pre-Construction Notification Application for Cane River EWP 2004-02, White Oak Creek EWP 2004-13, and Ayles Creek EWP 2004-18 Dear Ms. Caroly: Enclosed are the revised Cane River, White Oak Creek, and Ayles Creek EWP exigency sites 2004-02, 2004-13, and 2004-18 applications for Section 404 nationwide permit 37, and corresponding DWQ 401 water quality certification. Exigency work applied for in this permit includes streambank stabilization and debris removal. The primary goal in conducting the exigency work is to protect property, and to return the channel to pre-flood conditions. I have signed the application as an authorized agent for Yancey County. A letter of authorization is included. Additionally, we have sent one copy of the enclosed permit application directly to Kevin Barnett in the Swannanoa office. Altamont appreciates your assistance with this revised application. If you would like additional information, please contact me. Sincerely, Stuart A. Rym an, P.G. PD Enclosures: PCN - Cane River EWP 2004-02 PCN - White Oak Creek EWP 2004-13 PCN - Ayles Creek EWP 2004-18 Letter of Authorization CC: Michele Lawhern - Yancey County Manager (transmittal letter only) Cliff Vinson - District Conservation Officer NRCS (transmittal letter only) P:\Yancey-EWP\NRCS EWP\Emergency Repairs\Ayles Creek\DWQ permit cover letter-Caroly.doc Office Use Only: (Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Alfichele Lawherry Yancey County Manager at Mailing Address: Room 11, Courthouse /Ar?J 2 4 ., ;, Burnsville, NC 29714 -Y05 Telephone Number: (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: m.lawhern@countymanageryanceycounty.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Stuart A. Ryman Company Affiliation: Altamont Environmental, Inc. - Mailing Address: 50 College Street Asheville, NC 28801 Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: srymangaltamontenvironmental. com Page 5 of 15 III. Project Information Attach -a-vicinity map clearly showing the location of the property with respect to local landmarks such as to,,vns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cane River EWP Site 2004-02 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification' umber (Tax PIN): See attached Table I 4. Location County: Yancey County Nearest Town: Burnsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow Higlnt•ay 19E East through Burnsville. After passing Ingles and Texaco on the right, turn right on NC Htglnsray 197 South. 77te project site begins on the right side of Highway 197, approximately 5 miles from Highway 19E (and about 0.6 miles past the intersection with Toodies Creek Road). The project site continues upstream for approximately 1,000 feet. See attached Figure 1 and Figure 2. 5. Site coordinates, if available (UTNi or Lat/Long): 35° 51 ' S4" N/82° 18'48" W (approximate center of project area). Project is linear but follows the same waterbody, which is the Cane River. (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): Afultiple - See attached Table I 7. Nearest body of water (stream/river/sound/ocean/lake): Cane 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 15 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 project site consists of open woodland and residences. The stream and stream banks were heavily impacted during Tropical Storms Frances and Ivan. The streambank is littered with excessive woody and non-native debris. Which, if suspended during another high flow event, could clog downstream bridges or culverts and direct channel flows into vulnerable stream banks. Extensive stream bank erosion on the right bank threatens the stability of houses. 10. Describe the overall project in detail, including the type of equipment to be used: All work will be performed consistent with conversations between Altamont Environmental, Inc (Altamont), US Army Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US Fish and Wildlife Service personnel. Work will include streambank stabilization above the normal water line on the right bank descending and non-native and excessive woody debris removal from both right and left banks descending for the length of the entire project area. Equipment used to accomplish the above tasks include: rubber tired skidders, 15 ton dump truck, hydraulic track mounted excavator with thumb, and chainsaws. Stream Bank Stabfflzadon Stream bank stabilization will only occur at parcels labeled 155 and 152 (see Table I and Figure 2) and will occur for approximately 135 feet in length. Large (four to five foot diameter) angular rock will be used to stabilize the toe of the right bank A schematic of the restored cross-section is shown in Figure 3. Two to three tiers of rock will be used, as needed. The area behind the boulders will be backfilled with rocky debris material excavated from the floodplain or imported material, and topsoil will be placed on the top of the reconstructed bank to aid in the establishment of vegetation (See Figure 4). Project will be seeded with grasses upon completion of heavy equipment work With landowners' permission, live stakes and bare root stock native trees and shrubs will be planted on top of the bank stabilization work All bank stabilization work will occur in the dry above the normal water surface level. All work will be performed from the river bank, and equipment will not tread in the water. Sand bags will be used to deflect high water flow away from the work area. Standard erosion and sedimentation control measures will be utilized throughout the project. The work addressed in this application is intended to improve the post flood hydraulic capacity of the stream reaches discussed and stabilize severely eroded streambanks that are threatening structures on other property. The proposed actions are not intended to enhance existing conditions or restore the stream reaches using natural channel design techniques. Such activities would require detailed engineering evaluation and design, which are beyond the intent of the EWP program. The proposed work has not been reviewed or sealed by a Professional Engineer. Removal of Organic and Rocky Debris Debris removal will occur for the length of the project site and involve 9 parcels on the right bank descending and 2 parcels on the left bank descending. The applicant recognizes that some woody debris in the riparian zone is a necessary component of habitat integrity and will strive to Page 7 of 15 remove only non-native objects and those debris elements considered an immediate or impending threat to life and structures. Contractors performing debris removal tasks will be instructed to access debris on both sides of the river from the bank on which the debris is located. Contractors will be instructed specifically to keep heavy equipment out of the river channel. In some circumstances, it is likely that chainsaw operators or heavy equipment support personnel nnay need to get in the river to cut or help free debris janns being removed. In addition, large debris being pulled from the riverbank may result in some riverbank scour. The applicant will instruct contractors performing the work to refrain from cutting any live vegetation unless it is leaning toward the river at more than a 30 degree angle and the river is entrenched or the river bank is unstable at that point. Debris removed will be hauled off site or chipped and disposed of in the flood plain. In cases where it is determined that large woody debris can be utilized in current or projected fixture bank stabilization work, such as in log veins or as root wads, these articles may be stored on site out of the . floodway upon landowner permission. All areas disturbed due to debris removal and equipment access will be reshaped and reseeded Access to the charnel will be perpendicular to the channel. Precaution will be taken to protect mast production and stream canopy trees. Dead trees that provide den habitat and are determined to pose no hazard to the channel shall be protected. 11. Explain the purpose of the proposed work. The work being described is exigency work under the Emergency Matershed Protection program to protect existing property and structures. Streambank stabilization will also prevent further erosion and sedimentation to the Cane River resource. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. XIA V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Altmnnont and the natural resource agencies consulted on this permit application have discussed the possibility of installing some physical structures later in the year at this site as non-exigency or recovery it•ork that ticould serve the dual purpose of bank protection and habitat improvement. Page8of 15 This may or may not occur pending further consultation with the natural resource agencies, level of need determined after exigency work, funding availability, and landowner responsiveness to that proposition. In addition, there will be other non-exigency debris removal work on the Cane River later in 2005 upstream and downstream from this project site. Altamont has consulted on- site with the US Fish and Wildlife Service about this work; but since that is not as urgent, it has not been included in this permit application. A separate application will be prepared for additional debris removal or channel stabilization work VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include stream bank stabilization and debris removal. These impacts should be minor due to the limited scope of streambank stabilization and debris removal here, AND the precautions undertaken to keep heavy equipment out of the stream channel. Incidental sediment may enter the river from streamside excavation and compaction work and limited bank scour or trampling may occur during debris removal activities. These impacts are expected to be limited in duration and no more severe than the impacts from fisherman and recreational boaters who seasonally visit these waters. As discussed, sediment and erosion control measures, including sand bags, silt fences and reseeding, will be utilized to minimize sedimentation. The applicant recognizes the natural resource significance of the Cane River at this site. The Cane River here is designated by the State of NC as High Quality Waters, a Water Supply Watershed II (public drinking water supply for Town of Burnsville), and is managed for hatchery supported trout by the NC Wildlife Resources Commission. In addition, the Cane River approximately five miles downstream from this project site is designated Critical Habitat for the federally endangered Appalachian elktoe mussel. Upon consultation with the US Fish and Wildlife Service, Altamont understands that additional federally listed plant and aquatic species may occupy nearby sites in the Cane River watershed. 2. Individually list wetland impacts below: There will be no wetlands impacted at this site. Page 9 of 15 Wetland Impact Site Number (sndicate on map) T)pe of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** II I I , i * List each i,pact separately a..d identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, floodina_ ditching drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency itlanagement Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FENIA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htt :h'x%t w.fema_cov. *** List a wetland t)pe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, boy, etc_) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: None Total area of wetland impact proposed: A7/_4 3. Individually list all intermittent and perennial stream impacts below: SZ=.- l *,u P= Length of Average Width of Perennial or sntNanbcr T.PecfT-P-t* Impact (linear Stream Name** Stream Before Impact Intemuttent? (ndi = oa -:p) f:a) (Please specify) ENVP 2004-02; Stream bank stabilization, 135 Cane River 50 Perennial Yancey CountyMap ID Floodplain debris removal 155 and 152 (See Parcel Map; Figure 2) EXVP 2004-02 Floodplain debris removal 1,500 Cane River 50 Perennial Yancey County PIN (See Parcel '%fap; Figure 2) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest do%nstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at :z.?zv.aszs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, ..z?zv.marq e t.com etc_). Cumulative impacts (linear distance in feet) to all streams on site: approximately 1,500 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Page 10 of 15 There will be no impacts to open waters. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw- down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Altamont will provide contractors engaged in the implementation of this work both written and verbal instructions of all impact avoidance statements provided below. All heavy equipment will be kept out of the stream channel during streambank stabilization and debris removal work No excavation will be done within the wetted channel area during bank stabilization activities. No boulder, cobble, gravel, or sediment will be collected from the stream channel to perform streambank stabilization work Temporary grass cover shall be planted on all bare soil within 15 days ofground disturbing activities. Provided landowners give permission, herbaceous and woody shrub and tree vegetation will also be installed on the riverbank upon completion of bank stabilization work Since all work will be performed in the dry, Altamont does not feel it is necessary to install check dams or other sediment filtration devices in the stream channel. During debris removal work contractors will access debris from the bank on which the debris is located. No heavy equipment will enter the stream channel to access debris. If landowners do Page I1 of 15 not provide access aoareenients to pick up and haul aivay debris, the debris on their riverbank properties ivill be left undisturbed AItamont will provide a site manager to periodically inspect and sarpervise contractor tivork to help ensure impact avoidance instructions are being followed. N9H. AEfigation DWQ - In accordance with 15A \TCAC 2H .0500, mitigation may be required by the NC Division of Water Qualiq, for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stn-n.izide.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. 1NI/Y 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCNVRP is proposed, please check the appropriate box on page three and provide the following information: Page 12 of 15 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 13 of 15 Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what 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 ,'%ithin 15A NCAC 213.0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not change. Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management, construction sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution 1t7ill not be stored in areas that could be flooded during this project. XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XIII. Violations (required by DWQ) Is this site in violation of D`YQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? \To Page 14 of 15 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A OS Applicant/Agent' Signature Date (Agent's signature is val' only if an authorization letter from the applicant is provided.) Page 15 of 15 Michele P. Lawhern, County Manager John Renfro, Chairman Dean Hicks, Commissioner Wbitson, Commissioner YA.NCEY COUNTY BLdne County Courthouse, Room 11 • Burnsville, North Carolina 28714 PHONE: (828) 682-3971 • FAX: (828) 682.4301 • EMAIL: mlawhern@yancey.main.nc.us November 10, 2004 Altamont Environmental, Inc. 50 College Street Asheville, North Carolina 28801 Stu, At the regular monthly meeting of the Yancey County Board of Coimnissioners last evening, the enclosed contract for professional services was executed, relative to EWP Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to sign and execute all necessary permits and coordinate communications with said regulatory agencies. If there should be any questions about the above, please feel free to call me at any time. Sin ely, (4i/P. Lawhem Yancey County Manager Work: 828/682=3971; Cellular 828/284-0746 r Table 1 Affected Parcels Cane River EWP Site 2004-02 Yancey County, North Carolina MAP ID PIN OWNER ADDRESS CITY STATE ZIP CHANNEL STEAMBANK ROCK DEBRIS WOODY DEBRIS COMMENTS REALIGNMENT STABILIZATION REMOVAL REMOVAL 80124- Approx. 124 feet of stream 142 071802860714000 FLEMING DONALD W 9667 COUNADE DRIVE LONE TREE CO 3140 x frontage x Approx. 132 feet of stream 145 071802860674000 HINELY LEWIS 2928 HAMPSHIRE DRIVE AUGUSTA GA 30909 frontage N. MIAMI x Approx. 133 feet of stream 147 071802861534000 TAYLOR LOUISE M 20335 W. COUNTRY CLUB DR. BEACH FL 33180 frontage x Approx. 123 feet of stream 151 071802862406000 MCCOY SALLY J RT 6 BOX 882 (SATELLITE MTN) BURNSVILLE NC 28714 frontage TIMMERMAN RANSON P & MILDRED x x Approx. 153 feet of stream 152 071802862377000 K 1076 ALEXANDER DR. AUGUSTA GA 30909 frontage x x Approx. 162 feet of stream 155 071802863350000 MCFARLING JOHN M 39 PISGAH MINE RD BURNSVILLE NC 28714 frontage x Approx. 179 feet of stream 156 071802867254000 SMITH MELISSA L 5556 STATE HWY 197 S BURNSVILLE NC 28714 frontage WERHNYAK DARLENE M & BETTY X Approx. 143 feet of stream 157 071802864280000 WINFREE frontage ST x Approx. 184 feet of stream 158 071802WB210000 MACK E WAYNE & JANIS 185 MILLMACK LANE MATTHEWS SC 29135 frontage x Approx. 690 feet of stream 133 071800753375000 EWING PAUL& JUDITH 800 EWING LANE BURNSVILLE NC 28714 frontage ] B x Approx 829 feet of stream 153 071800859173000 EWING PAUL&JUDITH 800 EWING LANE URNSVILLE NC 28714 frontage P:\Yancey County\NRCS EWP\Emergency Repairs\Bowlens Creek\ParcelTable-Cane River#02_rev Page 1 of 1 ? y r / r s lam- ? ° ` ?t? ??r ttl LR 30 ?JGon rd`"` ti27 B? 4- 8T4 _N t ?rifn' C Downstream vixen Project Limits g)., , 4'. 0 '.<. y Upstream Project Limits It IN Figure 1 Site Location Map with Stream Impact Site January 14, 2005 USGS Mt. Mitchell Quadrangle Scale 1 inch = 2000 feet Cane River Yancey County, North Carolina E N G 1 N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com PATemplatesTigures in WordTigure Border.doc r , '?, ? ? + ?S ak,.; ?? "'? ;,? .._ {( ,'• ? ? ? i' • ! qt's I _V1 '!?., €: Flow Direction a 4- ,. E r 1E --rl • 14 a ?aF`r "'?. ? - LEGEND Figure 2 ^r%J- Surface water Road Cane River ENGINEERING & HYDR0GE0L0LY . COLLEGE STREET, NC 28801 Property boundary EWP Project Area 200402 TELASHEVILLE, . 828.281.3350 FACAC. 828.281 .3351 www.altamontenviromnental.com 0 100 200 40Reet Yancey County, North Carolina 01-18-05 COMPACTED FILL (DEPTH FIELD SPECIFIED) FLOOD PLAIN LARGE BOULDERS TARGET 2 RIVER CHANNEL EXISTING BANK EXCESS ROCKY DEBRIS OR IMPORTED FILL "? E N G I N E E R I N G & H Y 0 R 0 G E 0 L 0 G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altainontenvironmental.com DRAWN BY: ZAN PRICE PROJECT MANAGER: STU RYMAN NOT TO SCALE CLIENT: YANCEY COUNTY DATE: 1/17/05 NATIVE PLANTINGS SCHEMATIC DRAWING TYPICAL STREAMBANK REPAIR EWP 2004-02 CANE RIVER YANCEY COUNTY, NC FIGURE I 3 r k1 rt ? • k ?'c' ? taf?l ? E iW' t-r f ` :pit t i ,. / y '1 c F. J 4? ? mM?J"'F_? ?` M. J . 10 oll .,41 o >r' - r. YM [ENGINEERING H Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 / TEL.828.281.3350 FAC.828.281.3351 ? www.altainontenvironmental.com DRAWN BY: ZAN PRICE v PROJECT MANAGER: SYU RYMAN NOT TO SCALE '•` ? '? CLIENT: YANCEY COUNTY DATE: 01/14/05 ,? .?1f [T l I h 17 a ii> > '7 D 3. i ?. A. Ii; STREAM STABILIZATION MEASURES EWP 2004-02 CANE RIVER YANCEY COUNTY, NC FIGURE 4 FILE PATH: P:\YANCEY-EWP\EMERGENCY REPAIRS\CANE RIVER EXIGENCY\CONCEPTUAL DESIGN PHOTOS.DWG f f. ems`. •:1 Figure 5 Pre-Construction Photographs: Cane River Site 02 January 14, 2005 Cane River Yancey County, North Carolina E N G I N E E R"IN G& H Y -DR O G E O L'O GV 50 COLLEGE STREET, AsHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com Figure 5 Pre-Construction Photographs: Cane River Site 02 January 14, 2005 Cane River Yancey County, North Carolina E N _G1 N'E`E R I N G & H Y D'R O G E ;3L O'G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com Triage Check List bate: To: >_?rARO FRO ? MRO ? RRO r Proj66 t Name. DWQ#: cry` i y County: C_ Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes Ken Averitte ? WiRO Noelle Lutheran Alan Johnson ? WSRO Daryl Lamb Mike H ran From: Telephone : (919) The file attached is being forwarded to our for your evaluation. Please call if you need as?stance. '1. )2S?eam length impacted :.k ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps :19'Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? j3N Cumulative impact concern r E N G I N E E R I N G & H Y D R O G E O L O G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com f - November 18, 2004 ? l:J Ms. Cyndi Caroly 041925 DEC 01 2004 Division of Water Quality 0EN''R - M TER QUALITY 401 Wetlands Unit v ETlA140S Assn STORMWWTER BRANCH 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Yancey County EWP Pre-Construction Notification Applications Dear Ms. Caroly: Attached are six applications for Section 404 nationwide permit 37, and corresponding DWQ 401 water quality certification. Exigency work applied for in these permits includes stream bank stabilization, debris removal, and channel relocation. The primary goal in dpnducting the exigency work is to protect property, and to return the channel to pre-flood conditions. Please note that the applications are signed by myself as an authorized agent for Yancey County. A letter (f authorization will follow. Altamont appreciates the opportunity to provide these applications. If you would like additional information, please contact me. Sincerely, Stuart A. Ryman, P.G. PAYMENT RECEIVED Enclosures: PCN -White ak Creek PCN - Long Branch PCN - Cane River PCN - Cattail Creek PCN - Bowlens Creek PCN - Ayles Creek CC: Michele Lawhern - Yancey County Manager Cliff Vinson - District Conservation Officer NRCS PAYancey Coungi RCS EWP\Correspondence\DWQ permit cover letter.doc Office Use Only: 0 419 2 5 Form Version May 2002 USACE Action ID No. DWQ No. kii any paiuuwar ucui is nUL appllCa)ie to finis project, please enter "loot Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? ? Section 10 Permit ? ® 401 Water Quality Certification P A',11 i`' f 14 T Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information D v ?a ll Name: Michele Lawhern, Yancey Coun M er D 1y , -V V Mailing Address: Room 11, Courthouse ZUU4 Burnsville NC 29714 GENR _ 11 rv WAZER Q. 'FLILAN 11-Y AND ST0R"WATER M MU Telephone Number: (828) 682-3971 Fax Number: (828) 6824301 E-mail Address: m.lawhern(cr?countvmaner.yanceycounty org 2. Agent/Consultant Information (A signed and dated copy of the Age pletter must be attached if the Agent has signatory authority for the owner/ap =-*M L? Name: Stuart A. Rvman 11: Company Affiliation: Altamont Environmental Inc UE C 0 Mailing Address: 50 College Street Asheville NC 28801 4r r?=;?? . ASR Quat ITY Telephone Number: (828) 281-3350 Fax Number: _ (828) 281-3351 E-mail Address: snMangaltamontenvironmental.com Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cane River ENVP 2004-02 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table 1 4. Location County: Yancey County Nearest Town: Burnsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow Highway 19E East throup-h Burnsville After passim Ingles and Texaco on the right, turn right on NC Highway 197 South The project site begins on the right side of Highway 197, approximately 5 miles from Highway 19E (and about 0.6 miles past the intersection with Toodies Creek Road). The project site continues upstream for approximately 1,000 feet. See attached Figure 1 5. Site coordinates, if available (UTM or Lat/Long): 35° 51' 54" N/82° 18'48" W (approximate center of project area) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Multiple - See attached Table 1 7. Nearest body of water (stream/river/sound/ocean/lake): Cane 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 14 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 project site consists of light residential,uses. The stream and stream banks were heavily impacted during Hurricanes Frances and Ivan. The stream is clogged with woody, rock, and non-native debris. In some cases the channel has moved significantly from its original location and is threatening an adjacent property. Additionally, extensive stream bank erosion threatens the stability of existing structures including houses along the river. 9. Describe the overall project in detail, including the type of equipment to be used: Clearing and Debris Removal Fallen trees, limbs and dislodged brush within the cross section of the existing or original channel up to and including the debris line shall be removed. Any foreign debris will be removed. Trees whose near term fall is apparent will be removed. Live trees designated for removal will be cut three feet above the ground surface, and the root masses will be left. Disturbance of channel bottom and banks, and equipment access areas shall be held to the minimum necessary to allow the construction equipment to remove debris. All areas disturbed due to debris removal and equipment access shall be reshaped and reseeded. Access to the channel will be perpendicular to the channel so cutting of trees is held to a minimum with precaution taken to protect mast production and stream canopy trees. Dead trees that provide den habitat and are determined to pose no hazard to the channel shall be protected. A stream area debris conceptual drawing is attached as Figure 2 Stream Channel and Streambank Restoration When possible excavation equipment will access deposition areas at a safe distance from the streambank and do not need to track into the stream channel. Material excavated from these deposition areas can generally be placed with only one motion of the excavation equipment. Most of these sites include a steep eroded streambank opposite or adjacent to the deposition area. Where there does exist an eroded streambank in the vicinity of these deposit areas, the material removed from this area will be used to stabilize the streambank. Where suitable material is available rock vanes and root wads will be installed in the restored bank section to reduce bank stress and provide stability to the unconsolidated fill. At sites where there is no eroded streambank in the immediate vicinity, the excavated material will be used to strengthen the natural berm of the streambank or will be hauled off site. In no case shall the deposited material be placed at an elevation higher than the existing streambanks. In cases when the channel has relocated it will be necessary to re-establish the stream channel to its pre-flood location and capacity. Work in these cases shall proceed from downstream to upstream to reduce sediment loading. Restored channel dimensions will be established in the field using reference data from appropriate, nearby stable or nearly, stable sections. The restored profile and facet slopes will be established in the field using site elevation data and appropriate nearby reference profile data. The restored channel pattern will be determined using field indicators, aerial photographs, and interviews with landowners. Where suitable material is available rock vanes and root wads will be installed in the restored bank section to reduce bank stress and provide stability to the unconsolidated fill. In several cases where a major channel shift has occurred, all streamflow can be Page 7 of 14 diverted into the flood channel allowing for all restoration work to be performed in the dry bed of the original channel In cases where the original and flood channels overlap, work shall begin by re-establishing a narrow diversion channel at the approximate location of the ori(ainal?channel. Excavation of the channel shall begin at the downstream edge of the deposition area and will progress upstream Material excavated from this channel will be placed at the waters edge between the existing stream flow and the new channel. Care will be taken to maintain an adequate berm area to prevent the flow of the stream from entering the channel being excavated When the excavation reaches the upstream edge of the deposition area the stream flow shall be turned into the re-established channel. A berm will then be established to block as much of the flow as possible from moving through the flood scoured channel. Once flow is diverted to the re-established channel and the flood scoured channel is reduced to a minimum flow the re-establishment of the full original capacity of the stream and stabilization of the eroded streambank will begin. Beginning at t he most downstream point of the deposition area. the material will be moved to the outside of the curve to re-establish the original stream location and capacity. Care shall be taken to move the material in such a manner as to minimize sedimentation. As the material is moved to its final position on the outside of the curve the streambank shall be sloped to a stable slope. Large rock encountered during this phase of the excavation shall be placed at the toe of the slope used to construct vane structures or used to anchor root wads to protect unconsolidated fill As a final operation the berm placed at the upstream end of the channel shall be removed At no time will excavation proceed below the normal channel bottom depth. A stream channel and streambank restoration conceptual drawing is attached as Figure 3. Equipment that may be used to accomplish the above listed tasks include; Rubber tired skidders 15 ton dump truck hydraulic track mounted excavator with thumb, and chainsaws. 10. Explain the purpose of the proposed work: Exigency work to protect existing property and structures. Stabilize streambanks to prevent further erosion and sedimentation. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NT/A Page 8 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include limited streambed disturbance, debris removal, and stream bank stabilization. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains 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 Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: None Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Page 9 of 14 Average Width Stream Impact Length of of Stream Site Number Impact (linear Stream Before Impact Perennial or indicate on ma Type of Im act* feet Name** ft Intermittent? Cane 1 Stream Bank Stabilization 100 River 50 Perennial Cane 2 Stream Bank Stabilization 100 River 50 Perennial Cane 3 Stream Bank Stabilization 100 River 50 Perennial Cane 4 Stream Bank Stabilization 100 River 50 Perennial Cane f 5 Debris Removal 100 River 50 Perennial 4 Cane 6 Stream Bank Stabilization 50 River 50 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib gall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flogs. USGS maps are available through the USGS at 1-800-358-9616, or online at wzti?i.w?s.?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, w14zv.mapquest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 550 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 10 of 14 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. When at all possible equipment will be kept out of the stream channel, stream crossings will be minimized, and no excavation will be done below the existing channel bed. When at all possible stream material will be moved from dry areas to banks, minimizing the movement of wet (or below water line) stream material. Restored channel dimensions and profile will be determined by evaluating appropriate, nearby stable or nearly stable reference sections, re final curve information, and suitable reference data from the consultants reference libLM. Specific attention will be given to the establishment of bankfull benches and appropriate bedform sequencing throughout the restored areas. The temptation to create a wide, shallow channel will be avoided. Any channel relocation activities shall be limited to returning the channel to pre-storm conditions. Temporary and/or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of ground disturbing activities. Rocky material shall not be used for bank stabilization above the normal high water mark. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 11 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hLtp:llh2o.enr.state.ne.us/ncwetlands/stn-ni!ide.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 (919) 733-208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 13L Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) funds or the use of public (federal/state) land? Yes ® No ? Page 12 of 14 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) 733-5083 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 NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what 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. Page 13 of 14 XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not change Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management construction sequencing, proper staging and stockpiling of materials and the maintenance. at all times of suitable channel capacity for expected flow events No equipment fuels lubricants or other potential sources of water pollution will be stored in areas that could be flooded during this project. X11. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No NW. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-do«n schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). //-/8 -D I/ Applicant/Agent'sggnature Date (Agent's signature is valid y if an authorization letter from the applicant is provided.) Page 14 of 14 Table 1- Cane River Property Owner Information PARCEL ID PIN OWNER AREA 142 071802860714000 FLEMING DONALD W 0.38 145 071802860674000 HINELY LEWIS 0.41 147 071802861534000 TAYLOR LOUISE M 0.40 151 071802862406000 MCCOY SALLY J 0.33 152 071802862377000 TIMMERMAN RANSON P & MILDRED K 0.26 155 071802863350000 MCFARLING JOHN M 0.30 156 071802867254000 SMITH MELISSA L 0.44 157 071802864280000 WERHNYAK DARLENE M & BETTY WINFREE 0.35 158 071802866210000 MACK E WAYNE & JANIS 0.44 ? ,) i , rl ??l{ /i ! ? ?i 1 ? ? t.,?.•? ? ..'.?"-:?r?-`,"-?? ?` ? j ? r? /i 7 / ; ? ?_J ? ? r v+.' '' ??: i e ?? _ r •? 11 f W E 5 a 1 i ?C'? ? 1 t j Y. r ? s ? 1i? 3 +?"? f,•,, ? +. \ T } ?ti° \t ?r`"'/j 1? Rj? \\ I1?t \?? =t 'ir h ?f P f.' LR 30 t ?, ?? i! r ,'? ?l j l I '+` ??? +t •.? C? BIB( 84 • ? `? t ; ` ??? 1 a I > ...?`~ } ,! k f,., l-- '*.?\'?-, O` jl i Y/ 7,814 ,)A C ?,•1 }?`' /_"'? } r '? =ifs tti'? ? `? ?? =? l_._??' •.???; + t ??? ! t? <<\ Project Limits \1Ll (n1 ? ! / @ (t? o ?0) ii l .IIIJ?'?11\\ ? CZ( ??? .?r,ir Upstream Project Limits IRM 1 IM11 Figure 1 Site Location Map with Stream Impact Site ALTAMONT Numbers November 12, 2004 E N G I N E E R I N G & H Y D R O G E O L O G Y USGS Mt. Mitchell Quadrangle 50 COLLEGE STREET, AsHEVILLE, NC 28801 Scale 1 inch = 2000 feet TEL. 828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com Cane River Yancev Countv, North Carolina PATemplatesTigures in WordTigure Border.doc / PRE-STORI`1 CONDITION CHANNL-L TOP OF BANK ORIGINAL STREAM BOTTOM I E:?-'ROCK DEBRIS - - ?? r- z C '1 l7 RESTORED CONDITION RESTORED STREAM BOTTOM i TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 400 - STREAM AREA DEBRIS REMOVAL STREAM AREA DEBRIS FIGURE 'ENGINEERING.&' H?YDROGEOLOG-Y REMOVAL CONCEPTUAL 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com EMERGENCY WATERSHED PROTECTION DRAWN BY: ZAN PRICE SCALE YANCEY COUNTY, NORTH CAROLINA PROJECT MANAGER: STUART RYMAN CLIENT: YANCEY COUNTY NOT TO SCALE DATE: NOVEMBER 11, 2004 Channel Bank ` I Original Stream Bottom ? Rock Erosion Debris Eroded Area BEFORE O Restored Stream Bottom Eroded Rock Debris Backfill OOo Q 11.5 OO O tO 0000 00 0 O OO O? AFTER TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 480 - STREAM CHANNEL AND STREAMBANK RESTORATION MINT, 1 MUNI A. w= STREAM CHANNEL AND FIGURE E N G I N E,E R I N G H Y:o R ,O S E Ct L0 G-Y STREAMBANK RESTORATION 50 COLLEGE STREET, ASHEVILLE, NC 28801 CONCEPTUAL TEL.828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com EMERGENCY WATERSHED PROTECTION DRAWN BY: ZAN PRICE YANCEY COUNTY, NORTH CAROLINA PROJECT MANAGER: STUART RYMAN SCALE CLIENT: YANCEY COUNTY NOT TO SCALE DATE: NOVEMBER II, 2004 Office Use Only: Form Version May 2002 USACE Action ID No. DWO N0941925 ku ally Paiucular I= is not appneame to tnis project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ??r l ? Section 10 Permit ? Isolated Wetland Permit from DWQ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page i 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 ck here: ? II. Applicant Information U@k?QflW7@ D D wner/Applicant Information NO V X g 2004 1. O Name: Michele Lawhern, Yance Coun Maner DFNR - Mailing Address: Room 11, Courthouse ?osroA Burnsville NC 29714 Telephone Number: (828) 682-3971 Fax Number: (828) 6824301 E-mail Address: m.lawhemgcountymana e?r.yance c? ounty org 2. Agent/Consultant Information (A signed and dated copy of the Agent ((r?? must be attached if the Agent has signatory authority for the owner/applic I Itte L? Name: Stuart A. Rvman n Company Affiliation: Altamont Environmental, Inc U? C 0 -1 7004 u Mailing Address: 50 College Street UAI r ER 4U 17y Asheville, NC 28801 F ut ask,:,, ? rH Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: srymangaltamontenvironmental.com Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cane River EWP 2004-02 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): See attached Table 1 4. Location County: Yancey County Nearest Town: Burnsville Subdivision name (include phasellot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow Highway 19E East through Burnsville After passing Ingles and Texaco on the right, turn right on NC Highway 197 South The project site begins on the right side of Highway 197, approximately 5 miles from Highway 19E (and about 0.6 miles past the intersection with Toodies Creek Road) The project site continues upstream for approximately 1,000 feet. See attached Figure 1 5. Site coordinates, if available (UTM or Lat/Long): 35° 51' 54" N/82° 18' 48" W (approximate center of project area) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Multiple - See attached Table 1 7. Nearest body of water (stream/river/sound/ocean/lake): Cane 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.ne.us/admin/maps/.) Page 6 of 14 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 project site consists of light residential,uses. The stream and stream banks were heavily impacted during Hurricanes Frances and Ivan. The stream is clogged with woody, rock, and non-native debris. In some cases the channel has moved significantly from its original location and is threatening an adjacent property. Additionally, extensive stream bank erosion threatens the stability of existing structures including houses along the river. 9. Describe the overall project in detail, including the type of equipment to be used: Clearing and Debris Removal Fallen trees, limbs and dislodged brush within the cross section of the existing or original channel up to and including the debris line shall be removed. Any foreign debris will be removed. Trees whose near term fall is apparent will be removed. Live trees designated for removal will be cut three feet above the ground surface, and the root masses will be left. Disturbance of channel bottom and banks, and equipment access areas shall be held to the minimum necessary to allow the construction equipment to remove debris. All areas disturbed due to debris removal and equipment access shall be reshaped and reseeded. Access to the channel will be perpendicular to the channel so cutting of trees is held to a minimum with precaution taken to protect mast production and stream canopy trees. Dead trees that provide den habitat and are determined to pose no hazard to the channel shall be protected. A stream area debris conceptual drawing is attached as Figure 2 Stream Channel and Streambank Restoration When possible excavation equipment will access deposition areas at a safe distance from the streambank and do not need to track into the stream channel. Material excavated from these deposition areas can generally be placed with only one motion of the excavation equipment. Most of these sites include a steep eroded streambank opposite or adjacent to the deposition area. Where there does exist an eroded streambank in the vicinity of these deposit areas, the material removed from this area will be used to stabilize the streambank. Where suitable material is available, rock vanes and root wads will be installed in the restored bank section to reduce bank stress and provide stability to the unconsolidated fill. At sites where there is no eroded streambank in the immediate vicinity, the excavated material will be used to strengthen the natural berm of the streambank or will be hauled off site. In no case shall the deposited material be placed at an elevation higher than the existinz streambanks. In cases when the channel has relocated it will be necessary to re-establish the stream channel to its pre-flood location and capacity. Work in these cases shall proceed from downstream to upstream to reduce sediment loading. Restored channel dimensions will be established in the field using reference data from appropriate, nearby stable or nearly stable sections. The restored profile and facet slopes will be established in the field using site elevation data and appropriate nearby reference profile data. The restored channel pattern will be determined using field indicators, aerial photographs, and interviews with landowners. Where suitable material is available, rock vanes and root wads will be installed in the restored bank section to reduce bank stress and provide stability to the unconsolidated fill. In several cases where a major channel shift has occurred, all streamflow can be Page 7 of 14 diverted into the flood channel allowing for all restoration work to be performed in the dry bed of the original channel In cases where the original and flood channels overlap, work shall begin by re-establishing a narrow diversion channel at the approximate location of the original channel Excavation of the channel shall begin at the downstream edge of the deposition area and will progress upstream Material excavated from this channel will be placed at the waters edge between the existing stream flow and the new channel. Care will be taken to maintain an adequate berm area to prevent the flow of the stream from entering the channel being excavated When the excavation reaches the upstream edge of the deposition area the stream flow shall be turned into the re-established channel. A berm will then be established to block as much of the flow as possible from moving through the flood scoured channel. Once flow is diverted to the re-established channel and the flood scoured channel is reduced to a minimum flow, the re-establishment of the full original capacity of the stream and stabilization of the eroded streambank will begin. Beginning at t he most downstream point of the deposition area. the material will be moved to the outside of the curve to re-establish the original stream location and capacity. Care shall be taken to move the material in such a manner as to minimize sedimentation. As the material is moved to its final position on the outside of the curve the streambank shall be sloped to a stable slope. Large rock encountered during this phase of the excavation shall be placed at the toe of the slope used to construct vane structures or used to anchor root wads to protect unconsolidated fill As a final operation the berm placed at the upstream end of the channel shall be removed At no time will excavation proceed below the normal channel bottom depth. A stream channel and streambank restoration conceptual drawing is attached as Figure 3. Equipment that may be used to accomplish the above listed tasks include; Rubber tired skidders 15 ton dump truck hydraulic track mounted excavator with thumb, and chainsaws. 10. Explain the purpose of the proposed work: Exigency work to protect existing property and structures. Stabilize streambanks to prevent further erosion and sedimentation. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Page 8 of 14 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is. the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include limited streambed disturbance, debris removal, and stream bank stabilization. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains 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 Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: None Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Page 9 of 14 Average Width Stream Impact Length of of Stream Site Number Impact (linear Stream Before Impact Perennial or indicate on ma Type of Im act* feet Name** ft Intermittent? Cane 1 I Stream Bank Stabilization 100 River 50 Perennial Cane 2 Stream Bank Stabilization 100 River 50 Perennial 4 Cane 3 I Stream Bank Stabilization 100 River 50 Perennial Cane 4 I Stream Bank Stabilization 100 River 50 Perennial Cane 5 Debris Removal 100 River 50 Perennial Cane 6 Stream Bank Stabilization 50 River 50 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement gall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at v.i w.u_zs.?jov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, "v%vw.mapguest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 550 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) ) Name Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 10 of 14 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. When at all possible equipment will be kept out of the stream channel, stream crossings will be minimized, and no excavation will be done below the existing channel bed. When at all possible stream material will be moved from dry areas to banks, minimizing the movement of wet (or below water line) stream material. Restored channel dimensions and profile will be determined by evaluating appropriate, nearby stable or nearly stable reference sections, regional curve information, and suitable reference data from the consultants reference library. Specific attention will be given to the establishment of bankfull benches and appropriate bedform sequencing throughout the restored areas. The temptation to create a wide, shallow channel will be avoided. Any channel relocation activities shall be limited to returning the channel to pre-storm conditions. Temporary and/or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of ground disturbing activities. Rocky material shall not be used for bank stabilization above the normal high water mark. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 11 of 14 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htti)://h2o.enr.state.nc.us/ncwetlands/strmizide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A UL Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? Page 12 of 14 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) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* (s uImpct are feet) Multiplier M tig t n 1 3 2 1.5 Total Gone 1 extends out 3U teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what 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. Page 13 of 14 XI. Storms ater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormy;-ater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not change Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management construction sequencing, proper staging and stockpiling of materials and the maintenance at all times of suitable channel capacity for expected flow events No equipment fuels lubricants or other potential sources of water pollution will be stored in areas that could be flooded during this project. XH. Sewage Disposal (required by DWQ) Clearlv detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No MV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-doom schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ApplicantlAgent'sgnature Date (Agent's signature i- valid y if an authorization letter from the applicant is provided.) Page 14 of 14 Table 1- Cane River Property Owner Information PARCEL ID PIN OWNER AREA 142 071802860714000 FLEMING DONALD W 0.38 145 071802860674000 HINELY LEWIS 0.41 147 071802861534000 TAYLOR LOUISE M 0.40 151 071802862406000 MCCOY SALLY J 0.33 152 071802862377000 TIMMERMAN RANSON P & MILDRED K 0.26 155 071802863350000 MCFARLING JOHN M 0.30 156 071802867254000 SMITH MELISSA L 0.44 157 071802864280000 WERHNYAK DARLENE M & BETTY WINFREE 0.35 158 071802866210000 MACK E WAYNE & JANIS 0.44 ?? ? ? ???? i ?/i '?/f "Y ' { I t :?° ? 4 .? ? ..???A_' t, C?s.,?, f /J )rt / ? r L / "•' ..?{. s, tV? r 9) is W E 1 r f ? C ? ?tS { 2'19?-. F( ?I? j ..? r ? ?1• "? ??°? f :(' \ ? ? -'f{ w trr? ?'f? ?? r ? 'L?,,, ???jZ ?`\V?SY '?? :1 { I1 t J1 ! rl :.. s?i `., t.{it? c LR 30 t - - s ?? A n rte' ( -,..._ - _ `? t r .,n f ` • • t 1? ??? ) G ?, i i . E ?? t : \ A 1 1 $N4 ft1?,8 4. C .y ?\ r Downstream JJ)I i AW%JW Upstream Project Limits t(III Figure 1 Site Location Map with Stream Impact Site , Numbers November 12, 2004 ENGINEERING & H Y D R 0 G E 0 L 0 G Y USGS Mt. Mitchell Quadrangle 50 COLLEGE STREET, ASHEvi LLE, NC 28801 Scale 1 inch = 2000 feet TEL. 828.281.3350 FAC .828.281.3351 www.altamontenvironmental.com Cane River Yancey County, North Carolina PATemplatesTigures in WordTigure Border.doc ( I / PRE-STORM CONDITION CHANNELTOP OF BANK ! NORMAL %VATER LEVEL 1 ORIGINAL STREAM BOTT01,4 I OODI'iOTHER DEBRIS I: \~ ,AFTER-STORM CONDITION ? . ? ? • R', if III ? ? (?t } ??? . 7 :ROCK DEBRIS^ -- --ys= i= RESTORED CONDITION i RESTORED STREAM 13017Ohl i , I 1 TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 400 - STREAM AREA DEBRIS REMOVAL STREAM AREA DEBRIS FIGURE E N•G`I`N'EE'R`I N G =& ?H'K D'R',.'O,G E'O o G,Y. REMOVAL CONCEPTUAL 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 -N"vw. altamontenvironmental.com EMERGENCY WATERSHED PROTECTION DRAWN BY: ZAN PRICE SCALE YANCEY COUNTY, NORTH CAROLINA PROJECT MANAGER: STUART RYMAN CLIENT: YANCEY COUNTY NOT TO SCALE DATE: NOVEMBER II, 2004 Channel Bank ` I Original Stream Bottom Rock Erosion Debris Eroded Area O Q O ? OQ O OO i BEFORE -'-?. Restored Stream Bottom Eroded Rock Debris Backfill' Q QQO Q 0 1.5 00 0 O 0 a O 000 ° O° 0 O 00 a AFTER TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 480 - STREAM CHANNEL AND STREAMBANK RESTORATION -MIMIMMI, STREAM CHANNEL AND FIGURE ^ E`N'a"1 N`Ei E`: KI N'c „& %KWD R"O°G E a-? a a.Y STREAMBANK RESTORATION 50 COLLEGE STREET, ASHEVILLE, NC 28801 CONCEPTUAL TEL.828.281.3350 FAC.828.281.3351 www. altamontenvironm ental. com EMERGENCY WATERSHED PROTECTION DRAWN BY: ZAN PRICE YANCEY COUNTY, NORTH CAROLINA PROJECT MANAGER: STUART RYMAN SCALE CLIENT: YANCEY COUNTY NOT TO SCALE DATE: NOVEMBER II, 2004 ALTAMONT ENVIRONMENTAL, INC. 4427 NC DWQ Date Type Reference 10/04/2004 Bill 11/29/2004 Original Amt. Balance Due Discount Payment 475.00 475.00 475.00 Check Amount 475.00 D DEC 0 12004 WETLANDS AND STORPJM'ATER BRANCH BB&T- Business `:Checking 475.00