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HomeMy WebLinkAbout20041926 Ver 1_Complete File_20050306c, \QF W ATFRQ Michael F. Easley, Governor William G. Ross Jr., Secretary (bid) r North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality February 16, 2005 DWQ Project # 04-1926 Yancey County Michele Lawhern, County Manager Yancey County Room 11, Courthouse Burnsville, NC 29714 Subject Property: Cattail Creek EWP 2004-03, EWP 2004-05 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 1.250 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 13, 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: 919-733-17861 FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands N ethCarolina Noafirra!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% 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 ! Stream 1,250 feet Cattail Creek 1. 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. 2. 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: 3. 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. 4. 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. Cattail Creek is classified Water Supply II, Trout, High Quality Water. As such, the following Administrative Codes apply: 15A NCAC 04B .0125 and 15A NCAC 02B .0214 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. (httr)://h2o.enr.state.nc.us/wrp/pdf/buffers.pdf ) 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. 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: 04-1926. EW P.CattailCreek.Approval Triage Check List Date: 1/18/05 Project Name: Cattail Creek EWP DWQ#: 04-1926 County: Yancey To: Kevin Barnett, Asheville Regional Office 60-day Processing Time: revised 1/18/05 to 3/18/05 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! E N G I N E ER 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 January 12, 2005 Ms. Cyndi Caroly Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 af- Y „_ ?s Subject: Yancey County EWP Project Revised Pre-Construction Notification Application for Cattail Creek EWP 2004-3 and EWP 2004-5 Dear Ms. Caroly: Enclosed are six copies of the revised Cattail Creek EWP exigency sites 2004-3 and 2004-5 application for Section 404 nationwide permit 37, and corresponding DWQ 401 water quality certification. Exigency work applied for in this permit includes stream bank 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. Please note I have signed each 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. Ryman, P.G. Enclosures: PCN - Cattail Creek EWP 2004-3 and EWP 2004-5 Letter of Authorization CC: Michele Lawhern - Yancey County Manager (transmittal letter only) Cliff Vinson - District Conservation Officer NRCS (transmittal letter only) P:\Yancey Coun"RCS EWP\Emergency Repairs\Cattail Creek\DWQ permit cover letter-Caroly.doc ?} rti? gypp.. J ? Y 3 t.1 L L3 V 1141. Office Use Only: versi? a 2 ?y USACE Action ID No. DWQ No. ?s?,osQT??@s (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ x4T 6 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: Michele Lawhern, Yancey County Manager Mailing Address: Room 11, Courthouse Burnsville, NC 29714 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: sryman@altamontenvironmental. com Page 5 of 16 M. 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. L Name of project: Cattail Creek EWP 2004-03 and EWP 2004-05 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 Count}: 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. After approximately ten miles (and just past the intersection with Cattail Creek Road), Highway 197 crosses Cattail Creek. The project extends upstream approximately two miles from the bridge. Upstream locations are accessible by turning from Highway 197 left on Cattail Creek Road before the bridge. See attached Figure I for specific locations of each discrete EWP project reach. 5. Site coordinates, if available (UTM or Lat/Long): 35'50'26" N/82° 17'54" W (approximate center ofproject area) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ,tfultiple -See attached Table I 7. Nearest body of water (stream/river/sound/ocean/lake): Cattail Creek 8. River Basin: French Broad Page 6 of 16 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hUp://h2o.enr.state.nc.us/admin/maps/.) 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 and agricultural uses. The stream and stream banks were heavily impacted during Tropical Storms Frances and Ivan. Extensive stream bank erosion threatens the stability of existing structures including houses and bridges. Extensive deposits of rocky debris have reduced the hydraulic capacity of Cattail Creek. 9. Describe the overall project in detail, including the type of equipment to be used: Two exigency EWP project areas are addressed by this permit application (EWP 2004-03 and EWP 2004-05, see Figure 1). An additional exigency EWP site occurs on Cattail Creek upstream of the Highway 197 Bridge. However, The NC DOT is currently completing repairs in the vicinity of this EWP site. The specific extent and nature of exigency repairs will not be known until the NC DOT completes their work. It is anticipated that bank stabilization and debris removal will be required. Workprocedures will be similar to that described for EWP 2004-3 and EWP 2004-5. The following activities are proposed at EWP 2004-3 and EWP 2004-5. EWP 2004-03 This project area begins at the highway 197 bridge and extends upstream approximately 450 feet. Highwater flow has severely eroded the right riverbank and exposed the right wing wall of the Highway 197 Bridge. Approximately 450 linear feet of river channel has moved approximately 75 feet west of its pre-flood location and the channel has reestablished itself immediately adjacent to the right riverbank. Extensive amounts of rocky debris were deposited in the former channel and flood plain. The right riverbank is over- steepened and is very unstable. Local emergency repairs completed between the two storm events resulted in an unstable dike on the right riverbank immediately upstream from the eroded streambank. Two buildings and the bridge foundation are threatened by the current channel and streambank configuration. Repairs in this reach of stream will involve the following. • Remove rocky and woody debris from f oodplain and from beneath the river left portion of the bridge. • Stabilize the channel in its post flood configuration using organic and rock structures Protect the right wing wall of the bridge using large angular stone Stabilize the right river bank by removing unstable vegetation, placing large angular stone at the toe of the slope on the right side of the new channel to an elevation just above the water level, backfilling behind and above the stone with rocky debris removed from the f oodplain, topping with planting media and planting native Page 7 of 16 vegetation. Additionally, j-hooks will be used to deflect the flow from the streambank. • Lower the dike that was created just upstream of the bank repair area. • Enhance the high flow channel located on the river left bank. EWP 2004-05 This project area includes approximately 850 linear feet of Cattail Creek adjacent to Cattail Creek Farms. Highwater flow has severely eroded the left riverbank and breached the river left bank. Several structures were damaged during the flooding. Property owners have constructed an unstable dike using small and large rock deposited during the flood. The dike height is greater than the height of the pre-flood level bank. Extensive amounts of rocky debris it-ere deposited in the former channel and flood plain. Three buildings and the bridge foundation are threatened by the current channel and streambank configuration. Repairs in this reach of stream will involve the following: • Remove rocky and ivoody debris from floodplain. • Stabilize the channel in its post-flood configuration using organic and rock structure. • Protect the foundations of existing buildings using a combination of large rock on the toe of the slope, and in-stream structures to deflect flow from the banks. • Lower the dike that was created. The techniques that will be utilized for the proposed repairs at the EWP sites listed above are described below. Removal of Organic and Rocky Debris Fallen trees, limbs, dislodged brush, and non-native material within the cross section of the existing or original channel up to and including the debris line shall be removed. Any foreign debris (e.g., trash, appliances) will also be removed. Trees whose near term fall is apparent will be removed. Rooted trees designated for removal will be cut three feet above the ground surface and the root masses will be left in place. 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. Rocky debris within the flood plain will be removed using an excavator. The removal of rocky debris will proceed from the stream channel back toward the stream bank allowing the excavator to work on the debris pile. The reconfigured floodplain will be shaped in a manner intended to restore the hydraulic capacity of the stream system. Rocky debris removed from the floodplain will be used to stabilize the streambank, or will be hauled offsite. 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 Page 8 of 16 hauled off site. In no case shall the deposited material be placed at an elevation higher than the existing streambanks. Streambank Restoration When possible excavation equipment will access Streambank repair areas from the dry and will not track into the stream channel. Most of the steep eroded streambank are opposite or adjacent to the debris removal areas. At these areas, the rocky material removed from the floodplain will be used to stabilize the Streambank, with the addition of large boulders along the toe of the slope as necessary to stabilize and protect the toe. Where suitable material is available, rock vane and root wads will be installed in the restored bank section to reduce bank stress and provide stability to the unconsolidated fill (typical structure cross-sections and plan views are included in Figure 2). Per conversations with US Army Corp of Engineers, NC Wildlife Resource Commission, and NC Division of Water Quality personnel on January 4, 2005 the existing channel location and profile will be maintained, and work in-stream will be minimized in order to minimize water quality impacts. A key in trench will be excavated on the outside of the curve at the base of the existing slope as necessary at EWP 2004-03 and EWP2004-05. These trenches will be constructed in the existing channel, in wet conditions. Large boulders (four to five feet in diameter) will be placed in the trench. Two to three vertical layers of boulders will be installed in order to protect the existing bank and stabilize the toe. The surface of the water at normal levels will fall somewhere on the second layer of boulders. Space behind the boulders will be filled with rocky debris material excavated from the floodplain, and topsoil will be placed on the top of the constructed slope to aid in establishing woody native vegetation. A typical existing cross-section for the impacted channel section EWP 2004-03 is included in Figure 3, a similar cross-section for EWP 2004-05 is included as Figure 4. EWP 2004- 03 has an approximate drainage area of 8 square miles. EWP 2004-5 has an approximate drainage area of 7 square miles.. Theoretical "ideal " channel dimensions for an 8 square mile and a 7 square mile drainage area were determined by using regional curves found in "Bankfull Regional Curves for North Carolina Mountain Streams" (Harman, W.A. et al, 2002). Using the referenced information, a watercourse in the North Carolina Mountains, with a drainage area of approximately 8 square miles, has a typical cross sectional area at bankfull stage between 84-94 square feet, a bankfull width of approximately 39-43 feet, and a typical bankfull mean depth of 2.0-2.3 feet. A drainage area of approximately 7 square miles has a typical cross sectional area at bankfull stage between 79 -85 square feet, a bankfull width of approximately 38-42 square feet, and a typical bankfull mean depth of 1.9-2.1 feet. As shown on Figure 3 the existing channel dimensions for EWP 2004-03 are; approximately 28-32 feet wide, approximately 1.8 feet maximum deep, and approximately 80 square feet cross sectional area. As shown on Figure 4 the existing channel dimensions for EWP 2004-05 are approximately 22 -25 feet wide, approximately I foot maximum depth, and approximately 34-40 square feet cross sectional area. The placement of large boulders at the toe of the slope will reduce the existing cross sectional area. Therefore, minor excavation would be necessary to restore the channel cross sectional area after the Page 9 of 16 placement of large boulders. As discussed above, the permitting agencies have requested minimal in channel work. As a result, significant channel reconfiguration is not proposed for EJTT 2004-03 or EWP 2004-05. However, based on referenced regional curve information leaving the existing channel dimensions in place while stabilizing the bank will not adhere to natural channel dimension design parameters. 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. 771e proposed work has not been reviewed or sealed by a - professional engineer. Figures 5 and 6 illustrate the pre-and post storm channel locations, proposed in-stream structure measures, and stream stabilization measures for EWP 2004-03 and EWP 2004- 05. Figures 7 and 8 are conceptual drawing of the proposed post-construction channel cross sections for EWP-2004-03 and EWP-2004-05. Figures 9 through 13 are conceptual drms-ing illustrating stream stabilization measures on digital photographs for EWP2004-03 and EWP 2004-05. 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. V. Future Project Plans Page 10 of 16 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 11 of 16 Stream Length Impact of Average Width Perennial or Sity' T}pe of Impact* Impact Stream Name" of Stream Before Intermittent? nuber (linear Impact (please specify) ( (indicate feet) on map) EWP Stream bank stabilization, 450 Cattail Creek 25 Perennial 2004-03 debris removal EWP Stream bank- stabilization, 800 Cattail Creek 22 Perennial 2004-05 debris removal * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, d ms (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 downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at \v'WIN.us_s.Zov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, tzv_ma av st.co n etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1.250 q. 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 SiteNumber f (indicate on ma) Type of Impact# Area of Impact (acres) (if Name of applicable) Waterbody Type of Waterbody (lake' pand estuary' sound, bay, ocean, etc.) List each impact separately and identify temporary impacts. Impacts include, but are not ttmttea to: ttty excavauun, urcugu,g, 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 Page 12 of 16 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. The temptation to create a wide, shallow channel will be avoided. 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. Large rocky material will be brought in to stabilize the toe of impacted stream banks where necessary. 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. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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) Page 13 of 16 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. IVZ4 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NTCNVRP). 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 PC-N. For additional information regarding the application process for the CZVRP, check the NCWRP N ebsite at http•//h2o.enr.state.ne.us/wrp/index.htm. If use of the \CWRP is proposed, please check the appropriate box on page three and provide the follow. ing 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): NM Amount of Coastal wetland mitigation requested (acres): N/A M 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 N 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, Page 14 of 16 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 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. M. Stormwater'(required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not change. Erosion and sedimentation prevention and control will be maintained throughout this project primarily through proper water management, construction sequencing, proper staging and stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution will not be stored in areas that could be flooded during this project. XII. Sewage Disposal (required by DWQ) Page 15 of 16 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 ivork 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-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). -/0-0 Applicant/A (Agent's signature is s Signature Date l only if an authorization letter from the applicant is provided.) Page 16 of 16 Michele P. Lawhern, County Manager John Renfro, Chairman Dean Hicks, Comm YL 11 ?I?TCEY COUNTY Blaine Whits n,Commlissioner 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 Commissioners last evening, the enclosed contract for professional services was executed, relative to EWP Section 216 work. Pursuant to, or in the spirit of the further intent of this contract, this Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to sign and execute all necessary permits and coordinate communications with said regulatory agencies. If there should be any questions about the above, please feel free to call me at any time. The ely, le P. Lawhern Yancey County Manager Work: 828/682-3971; Cellular 828/284-0746 Table 1. Affected Property Owner Information for Exigency Sites on Cattail Creek Yancey County, North Carolina DER Number MAP ID PIN OWNER Property Size ADDRESS CITY STATE LP CHANNEL STEAMBANK ROCK DEBRIS WOODY COMMENTS REALIGNMENT STABILIZATION REMOVAL DEBRIS REMOVAL Approximately 80 feet of stream EWP 2004-03 19 07170099934700 PENSACOLA METHODIST CHURCH 1.33 Burnsville NC 28714 • • • fronts e Approdm ately 80 feet of stream EWP 2004-03 20 07170098496700 WILSON BENJAMIN B 30.30 29 CATTAIL CREEK RD Burnsville NC 28714 • • • frontage Approximately 120 feet of stream EWP 2004-03 24 07170099934700 PENSACOLA METHODIST CHURCH 1.33 Burnsville NO 28714 • • • frontage Approxdmately 250 feet of stream EWP 2004-03 29 07270009306700 WILSON BILLY BROOKS 2.67 19 PENSACOLA SCHOOL RD Burnsville NC 28714 • • • fronts e Approxun ately 220 feet of stream EWP 2004-03 32 07170098496700 WILSON BENJAMIN 0 30.30 29 CATTAIL CREEK RD Burnsville NC 28774 • • • fronts e Approxdmately 150 feet of stream EWP 2004-03 38 072700082962000 WILSON BENJAMIN B 1 28 29 CATTAIL CREEK RD Burnsville NC 28714 • • • frontage Approximately 800 feet of stream EWP 2004-OS 10 072704535916000 PIETRYKA FREDERICK F & JEAN K ETAL 1.19 3890 B SIMMONS MILL CT S W TumWaler WA 98512 • • • frontage Approxdmately 100 feet of stream EWP 2004-OS 14 07270454452600 POOLER PAUL E & MARY MARGARET 0.3 1279 N GERMANY MTN RD Clayton GA 30525 _ • • • frontage Approximately 200 feet of stream EWP 2004-05 18 07270454541900 THOMAS RICKIE M 8 DUVJNE Y 0.52 7904 ROBINSON CHURCH RD Charlotte NC 28215 • • • frontage _ Approimately 200 feet of stream EWP 2004-OS 21 07270454533800 LAMB EDGAR L 8 PARTICIA 0.83 5115 33RD TERRACE N St Petersburg FL 33710 • • • fronts e Approximately 100 feet of stream EWP 2004-O5 24 07270454412500 WOLFENSON JACK 8 ELAYNE 0.25 28422 B LTMORE ST. Sorrento FL 32778 • • • frontage Approximately 100 feet of stream EWP 2004-O5 26 07270454400500 BoRRAS-ROSELIO ISAAC 8 AURA L 0.21 3341 ATHENA DRIVE Winter Park FL 32792 • • • fronts e Approxdmately 100 feet of stream EWP 2004-05 29 07270453399500 GARVIN JANICE 0.25 13085 HIGHWAY 92 Dover FL 33527 • • • frontage Note: It is anticipated that the total disturved area on each property will be less than 1 acre. PYYancey/NRCS EWNEmergency Repairs/Cattad Creek/parcels_Cattail acne N ao We 1 5 r Downstream Project Limits 1 9 A 1 ? . , r e I e BM 293 r/ , I 1 I e ?C Upstream Project Limits Figure 1 , Site Location Map with Stream Impact Site [INN 0 D101,11 I Numbers January 11, 2005 ENGINEERING & HYDROG EOLOGY USGS Mt. Mitchell Quadrangle 50 COLLEGE STREET, ASHEVILLE, NC 28801 Scale 1 inch = 2000 feet TEL. 828.281.3350 FAC.828.281.3351 Cattail Creek www.altamontenvironmental.com Yancey County, North Carolina PATemplatesTigures in WordTigure Border.doc 24" FIELDSTONE CROSI i .W OULDERS TYPICAL J HOOK AND I FIGURE CROSS VANE DETAILS EMERGENCY WATERSHED PROTECTION CATTAIL CREEK SOURCE: APPLIED ECOLOGICAL SERV YANCEY COUNTY, NC Figure 3. Existing Cross Section of Cattail Creek at EWP 2004-03 10 Top of Right Bank 8 Debris Filled Floodplain 6 Pre-Flood ? 4 Unstable Channel a Streambank d 2 Post-Flood Channel 0 2 3 4 5 -6 _7 8 9 1 ffl o -2 Width (feet) Top of Left Bank Normal Water Surface Elevation Altamont Environmental, Inc. Figure 4. Existing Cross Section of Cattail Creek at EWP 2004-05 10 8 6 w Q JT w t 4 w CL m 0 2 0 -2 Width (feet) Altamont Environmental, Inc. - N ?.. r" IMML I Bank stabilization 4 e right bank into--- with boulders at base, existing bridge wingwallwith fill above water line .t - W S E ' W J-hooks as necessary V zc y r?Z, - _ _ .-_ ,?,., S?-' Approximate post- flood stream location` . Root wads a rock < y structures to stabilize bend :.w Z Approximate pre- x i flood stream location Flow direction LEGEND Figure 5 ENVIRONMENTAL, ALTAMONT -JN-^- Approximate post-flood stream location Cattail Creek -?- Approximate pre-flood stream location FEN G I N E E R I N G & H Y O R O G E O L O G Y Road EWP 2004-03 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 Property boundaries www.altamoutenviroiunental.com 0 50 100 200 eet Yancey County, North Carolina 0I-1I-05 f HApproximate pre- and post- ? flood stream location _ ,,• R 0 111 v * w `Yid .t , ep 'Ff0 i - _ *F w? y_ y ti .w _ t Flow direction y - C? v? " n 41 ,,f s Bank stabilization} r P with boulders at base, with fill above water line _ J-hooks as necessary 41 LEGEND Figure 6 ENVIRONMENTAL, ALTAMONT ^?+^ Approximate pre- and post-flood stream locatio Cattail Creek E _N G I N E E R I N G & H Y D R 0 G E O L 0 G Y Road EWP 2004-OS 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAC.828.281.3351 Property boundaries www.altamontenviromnental.com 0 50 100 200 eet Yancey County, North Carolina 01-11-05 PROPOSED STREAMBANK STABILIZATION CROSS SECTION AT EWP 2004-03 10- TOPSOIL . R IGHT BANK $ BACKFIL WITH EXCESS ROC KY DEBRIS 6 w EXI TING CROSS SE CTION v d 4 ARGE BOULDE S REM OVE DEPOSITED ° ROC KY MATERIAL 2 0 2 4 0 6 8 10 0 12 0 /INCRE ASE CHANNEL WIDTH AS NECESSARY -2 Width (feet) --?-- EXISTING CROSS SECTION L 1 I t PROPOSED CROSS SECTION - FIGURE N G I N R I N G & H Y D R 0 G 0 G Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 EWP 2004-03 www.altainontenviroiunental.com CATTAIL CREEK DRAWN BY: ZAN PRICE PROJECT MANAGER: STUART RYMAN YANCEY COUNTY, NC CLIENT: YANCEY COUNTY DATE: JANUARY II, 2005 PROPOSED STREAMBANK STABILIZATION CROSS SECTION AT EWP 2004-05 8 TOPSOIL 6 BAC FILL WITH EXCESS LEFT BANK ROCKY DEBRIS d w 4 n. , d LARGE B ULDERS 2 0 10 20 3 4 5 6 -2 Width (feet) EXISTING CROSS SECTION PROPOSED CROSS SECTION I FIGURE N I N R I N G H Y 0 R 0 G 0 L 0 G Y 50 COLLEGE STREET. ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 www.altainoiitenviroiimental.com DRAWN BY: ZAN PRICE PROJECT MANAGER: STUART RYMAN CLIENT: YANCEY COUNTY DATE: JANUARY II, 2005 EWP 2004-05 Q CATTAIL CREEK V YANCEY COUNTY, NC a?1 7k 4 ?i''i? . f ? ` hU'. \7 IA ? (1 wt .??'?1 1 • _ C ? %#:. $ y ?Za?? a• 4y$-' 1 •• • - . - a ?o?o40odro4ro4wo4p c40 I II 111 :111 R .? Mao r' ?.. _ -„ram-.,..?i ? -•- _ ? '? ? *'9 1"f?`.? ? '4??^k !' ?. .?iL _ ?.r,Z• i 1 .c?? __ u. ?r+nai, s r b!w?{ I.it,?I'ii-. _` '' r.? .a fat :..t ..r-+.• - r - 'i?'?+r'" -- . , •?_ ? _ - ?`` T .-.+^ ` - - - ?_ ti Y" ?? .?_...,.a Wit: _•-.......:. ,L, ?: 1 y` y TR "n ._ yrlt.? 'T STREAM STABILIZATION FIGURE N I N R I N H Y R Y MEASURES 50 COLLEGE STREET, ASHEVILLE, NC 28801 '4 . >. 14 .. y - {?, .w s° ?« i .2813350 FAC.828.281.3351 www. wwwaltamontenvvonmental.com EWP 2004-03 CATTAIL CREEK _ s DRAWN BY: CHRIS GILBERT tom` _ PROJECT MANAGER: SYU RYMAN NOT TO SCALE YANCEY COUNTY, NC ?.. k ?{y CLIENT: YANCEY COUNTY ".f1 11.,4: ,_ ?Q.,ie_- e+• ?rir - -? DATE: 01/10/05 FILE PATH: P:\YANCEY COUNTY\NRCS EWP\EMERGENCY REPAIRS\CATTAIL CREEK\ CULVERT REPAIR.DWG A-2 A?A IF 'T* 17,1 L1: to 51 ?; k6k i x M rot f / Z,,,r ? ?7 r 7 N I N R I N Y R Y 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 www.altamontenv ironmental. coin DRAWN BY: CHRIS GILBERT !-m: a PROJECT MANAGER: SYU RYMAN NOT TO SCALE ,-.? CLIENT: YANCEY COUNTY ?• ?' „ats -. DATE: 01/10/05 } (f ti. ` L? / ? [ L 7 S 1J; w?? r ^ r 3 ? a 7 ? - , - 1. 1x t r ?'r 1? *p- a J I STREAM STABILIZATION FIGURE MEASURES EWP 2004-03 ? 0 CATTAIL CREEK YANCEY COUNTY, NC FILE PATH: P:\YANCEY COUNTY\NRCS EWP\EnERGENCY REPAIRS\CATTAIL CREEK\ CULVERT REPAIR.I) ? d J.. .x?,( ; >?•?, . ?i ?i ? ? Y ++ 1j -31 7,Yt1?; ?• "'7•.•tP-fit ?? k? r ?lj. •?',???+ ? x .. ? ? e w <.:'??:.. . - x +r F'5 ?,;fix?c ?•7 • '? y r!L r ` \?- jy ?,.' , y ae ;rYf i'x"yy`.'??"„?`.j a, 4? .4- ?at . x ?•?f?? +c ?.'r 4` ? kATS <? : -? ? s ? ?: t.,.,r As .?,± ? « . "!t P` 61f .+4:4 0 <. »?q '?, iTtt ?.F it:?? "` s y Rw4tg ?Ez 1. ,.,v Mr. .('T"J yt ( lt7 'f~ '?ta??'4-~ uY l.' { i F 't ?•1X? •R 'X9 .y??pA.] "4 'l•. ?••;If R I,k kq? {i ., ??? 'y } _fM^n??= rf -_y^" ?..\ .F' V'? / kl'? • A k ?'T' IPA y 3 ?'.'r Tr: Tlw `sir. ? 2. _ •' 4 l 4w ? r 77, w 4 A r' r r STREAM STABILIZATION FIGURE Ito '"- N G I N E R I N G & H Y O R O G O L O G Y MEASURES 50 COLLEGE STREET, ASHEVILLE, NC 28801 - _ TEL-828.281.3350 FAC.828.281.3351 www..a altamonte nviromnental. com EWP 2004-03 1 CATTAIL CREEK s DRAWN BY: ZAN PRICE PROJECT MANAGER: SYU RYMAN NOT TO SCALE YANCEY COUNTY, NC --_ ••-..: CLIENT: YANCEY COUNTY DATE: 01/10/05 FILE PATH: P:\YANCEY COUNTY\NRCS EWP\EMERGENCY REPAIRS\CATTAIL CREEK\ CULVERT REPAIR.DWG I DEE i? ? I ??:Y ? J\tiR, U'{ x•14 M ,V r`? III , e } fl '? ? h 1 ` ? a , Y ? "'^ ?"" {'r 4. h'y r°h,.. r...-r ? - 'r..' w' "rp' --. .ti'' 'A`' - ,tom;' '`f h ? .9 ky. I,CM _._ rs „ yrJ ?r'.• •iW',g, r? ?, L +? ?_ Q'.?k '3 h `r?+1, ?'••(...a:?•'?, r •y?II+ +sit ? .?. • ¢.,,.t??.s f a,4, ,,t.y,,.??."i q.i'? !? Ate` P .'r rf t ?''?C+' ?'' 4?;r'f"i-'mss??'. d-. wt `~ __ .' Yr _ •? 1 _• 4 J Q-. r t :? Y ice' '--, m ?,,.,,,,;, .?_;? J^•y*• _= .iY L.. v?? 1 !> ? ,q.V /f"? ?T ? rte` ;'? .. „ .? . ? - Y _ + ? .r:ir- .. +. .?' s• ,:` r,,r.,. 4w 46K ??y S w A, ±? y 7 ?MY• -'. ,: !iasaw'1" .-4 ? 1 ?.„/• n'. P a . .. ?? , ._ . ter'-? r' .Y?+._•? - t fir, s--• -4 ,a, •, ' ?.?°.=...,A "`" ? x--?'?a.?,s _ ~` -"? •wm.^` , 50 COLLEGE STREET, ASHE\ ILLE. NC 28801 TEL 828.281.3350 FAC828.281.3351 www. altam ontenv ironmen tal. coin DRAWN BY: ZAN PRICE PROJECT MANAGER: SYU RYMAN NOT TO SCALE CLIENT: YANCEY COUNTY DATE: 01/10/05 J STREAM STABILIZATION FIGURE MEASURES EWP 2004-05 13 CATTAIL CREEK YANCEY COUNTY, NC FILE PATH: P:\YANCEY COUNTY\NRCS EWP\EMERGENCY REPAIRS\CATTAIL CREEK\ CULVERT REPAIR.DWG Triage Check List . r Date: Projetct Name: DWQ#: County: ?- c-? ? WaRO Tom Steffens and Kyle Barnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb From: Telephone : (919) The file attached is being forwarded to Tour for your evaluation. Please call if you need as? stance. 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: ??iL/? ?°?t/ ? m /1-,/ C??71 3)6-?z RO Kevin Barnett To: JQ---A' ? FRO Ken Averitte ? MRO Alan Johnson ENGINEERING & 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 lug, November 18, 2004 Ms. Cyndi Caroly 0 4 1 9 2 6 DEC 1 2004 Division of Water Quality DENR H QUALITY 401 Wetlands Unit v3E?l 'TOI7MWATERBRANCH 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 penpits includes stream bank stabilization, debris removal, and channel relocation. The primary goal in 6pnducting the exigency work is to protect property, and to return the channel to pre-flood conditions. Ple*se note that the applications are signed by myself as an authorized agent for Yancey County. A letter of 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. Enclosures: CC: PCN -White ak Creek PCN - Long Branch PCN - Cane River PCN - Cattail Creek PCN - Bowlens Creek PCN - Ayles Creek PAYMENT RECEIVED C Michele Lawhern - Yancey County Manager Cliff Vinson - District Conservation Officer NRCS PAYancey County\ CS EWP\Correspondence\DWQ permit cover letter.doc FILE COPY Office Use Only: 041926 Form Version May 2002 USACE Action ID No. DWQ No. k11 ally 1J4111GU1ar Mln is not appncaoie to ttus 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 \11! FIN IT ? Section 10 Permit ? Isolated Wetland Permit from DW IN ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Michele Lawhern_ Yana m@W V O Mailing Address: Room 11, Courthouse NU V y nn ?. Burnsville, NC 29714 ?- DENR - WATER QUALITY Telephone Number: _ (828) 682-3971 Fax Number: (828) 682-4301 E-mail Address: m.lawhern (a countymanager.anceycounty.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/ap} ( V L? V Name: Stuart A. R an Company Affiliation: Altamont Environmental Inc Mailing Address: 50 College Street Asheville NC 28801 ??. 4cwcsANDS70RP gT.RBRANCH Telephone Number: (828) 281-3350 Fax Number:_ (828) 281-3351 E-mail Address: srymanna,altamontenvironmental.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: Cattail Creek EWP 2004-03 EWP 2004-04, EWP 2004-05 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 through Burnsville After passing Ingles and Texaco on the right, turn right on NC Highway 197 South After approximately ten miles (and just past the intersection with Cattail Creek Road) Highway 197 crosses Cattail Creek. The downstream point of the project is the confluence with the Cane River, which is accessible by turning from Highway 197 right on a grass road immediately before crossing the bridge. The project continues upstream approximately two miles from the bridge. Upstream locations are accessible by turning from Highway 197 left on Cattail Creek Road before the bridge. See attached Figure 1 5. Site coordinates, if available (UTM or Lat/Long): 35° 50'26"N/82' 17' 54" 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/oceari/lake): Cattail Creek 8. River Basin: French Broad Page 6 of 14 (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/.) 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 and agricultural 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 and bridges 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 0 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 in 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 attern will be determined using field indicators, aerial photographs and interviews with Page 7 of 14 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 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 are 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 chamsaws. 10. Explain the purpose of the proposed work: Exigency work to protect existing property and structures. Stabilize streambanks to prevent further erosion and sedimentation. 1V. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A 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. 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*** T List eaca impact separately and identity 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 Page 9 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Length Impact of Average Width Perennial or tu Type of Impact* Impact Stream Name** of Stream Before Intemlittent? ber Nt (linear Impact (please specify) (mdtcate feet) on map) 1 Stream bank stabilization, 500 Cattail Creek 30 Perennial channel realignment, debris removal 2 Stream bank stabilization, 150 Cattail Creek 30 Perennial debris removal 3 Stream bank stabilization, 250 Cattail Creek 30 Perennial channel realignment, debris removal 4 Stream bank stabilization, 100 Cattail Creek 30 Perennial channel realignment, debris removal 5 Stream bank stabilization, 350 Cattail Creek 30 Perennial channel realignment, debris removal 6 Stream bank stabilization, 50 Cattail Creek 25 Perennial debris removal 7 Stream bank stabilization, 50 Cattail Creek 25 Perennial debris removal 8 Stream bank stabilization, 80 Cattail Creek 25 Perennial debris removal 9 Stream bank stabilization, 110 Cattail Creek 25 Perennial debris removal d' * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associate np-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 downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at ww'.v.usQs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol)ozone.com, Nvww.mapguest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1,640 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 e) (if applicable) Type of Waterbody lake, pond, estuary, sound, ( , etc. ba , ocean ) Page 10 of 14 * 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. 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. Page 11 of 14 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 USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strrngide.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) 733-5208 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 Page 12 of 14 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. Zone* (s uare feet) Multiplier Mitig ton 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 213 .0242 or. 0260. Page 13 of 14 M. 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 acrea e 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. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site. X111. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). /A 1g_0 Applicant/ gent's Signature Date (Agent's signature s valid only if an authorization letter from the applicant is provided.) Page 14 of 14 Table 1- Cattail Creek Property Owner Information PARCEL ID PIN OWNER AREA 148 071800902117000 WILSON MAX ETAL 1.01 160 071700891655000 HOLLIFIELD JACK 31.07 8 071800802542000 BLANKENSHIP ALVIN & LUCILLE 28.23 9 071800902117000 WILSON MAX ETAL 1.01 15 071700984967000 WILSON BENJAMIN B 30.30 19 071700999347000 PENSACOLA METHODIST CHURCH 1.33 20 071700984967000 WILSON BENJAMIN B 30.30 24 071700999347000 PENSACOLA METHODIST CHURCH 1.33 29 072700093067000 WILSON BILLY BROOKS 2.67 32 071700984967000 WILSON BENJAMIN B 30.3 37 072700180841000 CLARK EDWARD 4.21 38 072700082962000 WILSON BENJAMIN B 1.2 43 072700196010000 LEADBETTER LOUIS D 6.71 44 072700078674000 ROBERTSON C W JR 33.00 48 072700183108000 BYRD GLADYS 1.73 74 072700178960000 RIDDLE JERRY D & BARBARA F 2.34 78 072700271829000 YANCEY STONE INC 3.81 80 072700176241000 HIGH JAMES & KATHLEEN 3.78 83 072700270654000 PEAKE BARBARA 1.84 93 072700273494000 PENLAND CLARA 13.67 106 072700276093000 CLARK MARY LOUISE 0.79 107 072700373065000 ELSEGOOD JOHN EDWARD & LINDA VICKERS 5.43 108 072700361624000 BLALOCK MARTHA & MARY SPARKS 8.66 111 072700264677000 WILSON BENJAMIN B 8.48 112 072700163066000 HIGH JAMES M & KATHLEEN 62.89 120 072700366782000 RISNER THOMAS N & BETTY DELORES 4.47 143 072700350474000 CALDWELL ROBERT E & JOYCE A 14.15 151 072700462034000 WILSON BENJAMIN B 5.89 152 072700355338000 EDWARDS J RANDOLPH & JUDITH W TRUSTE 17.85 163 072700456674000 MCMAHAN OLLIE LIFE EST 20.39 168 072700452013000 MCMAHAN OLLIE LIFE EST 2.06 169 072700347505000 EDWARDS J RANDOLPH & JUDITH W TRUSTE 18.56 174 072700440130000 EDWARDS J RANDOPH & SHELBY JANE PRIN 6.7 176 072704535916000 PIETRYKA FREDERICK F & JEAN K ETAL 1.19 177 072700443038000 LOWE L EDWARD & ANNETTE S 27.95 10 072704535916000 PIETRYKA FREDERICK F & JEAN K ETAL 1.19 11 072704540660000 PATE RONALD D & PEGGY D 0.79 12 072700443038000 LOWE L EDWARD & ANNETTE S 27.95 13 072704542663000 HORN MARK & YAEL 0.97 14 072704544526000 POOLER PAUL E & MARY MARGARET 0.34 18 072704545419000 THOMAS RICKIE M & DIANNE Y 0.52 21 072704545338000 LAMB EDGAR L & PARTICIA 0.8 24 072704544125000 WOLFENSON JACK & ELAYNE 0.25 26 072704544005000 BORRAS-ROSELLO ISAAC & AURA L 0.21 29 072704533995000 GARVIN JANICE 0.25 31 072704534806000 JOHNSON JAMES HENRY & JANICE IRENE T 0.28 34 072704539572000 THEODORIDES EVANGELIA 2.27 36 072704534725000 ENOS JEFFREY J & DENISE B ETAL 0.3 38 072704535584000 CERTAIN LEONARD L & SUSAN A 0.95 39 072704534634000 CERTAIN LEONARD LOWE & SUSAN A ETAL 0.68 49 072704526575000 MCMAHAN ROBERT DONALD 4.44. 50 072704535432000 DOWDA JOHN E & EUGENIA 0.92 54 072704535279000 BELLINO MARK & LINDA 0.59 62 072600488084000 ANSPACH WILLIAM E & KENNA L 397.36 66 072700522857000 AUSTIN GEORGE R & WILMA J 9.96 111 072704528422000 MCMAHAN ROBERT DONALD & BRENDA GAIL 0.1 N W?E ruS Downstream Project Limits I) ))W NO 1. t M j • 6 293 3 s [)? 1 • rA 'e Upstream Project Limits Figure 1 Site Location Map with Stream Impact Site ENVIRONMENTAL, Numbers November 11, 2004 ENGINEERING & HYDROGEOLOGY 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 Cattail Creek Yancev County. North Carolina I I f PATemplatesTigures in WordTigure Border.doc ( VINO PRE-STOR><4 CONDITION !1 RMAL \VATER LEVEL ORIGINAL STREAM BOTTO1,4 CHANNEL TOP OF BANK X.AFTER-STORNI CONDITION %%'OODYiOTHER DEBRIS z ':ROCK DEBRIS'-? •.i:.. . - z C ? q i RESTORED CONDITION i i RESTORED STREAM BOTTOM TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 400 - STREAM AREA DEBRIS REMOVAL STREAM AREA DEBRIS FIGURE E'N"G'I N E E'R'f N (3"&'^;H=Y D'R o:a:E o Lo GY. REMOVAL CONCEPTUAL 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.2813350 FAC.828.281.3351 ^ www.altamontenvironmental-com L 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 BEFORE Restored Stream Bottom Eroded Rock Debris Backfillr - O 0 a AFTER TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 480 - STREAM CHANNEL AND STREAMBANK RESTORATION ALTAMONT i? i STREAM CHANNEL AND FIGURE 9E'N,G' N E'E R"('NAG &1%H Y."D R O"G`EO G Y STREAMBANK RESTORATION 50 COLLEGE STREET, ASHEVILLE, TIC 28801 CONCEPTUAL TEL.828.281.3350 FAC.828.281.3351 www.altamontenviromnental.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: 041926 Form Version May 2002 USACE Action ID No. DWQ No. (ifa„A, _,_. r----__••• ••••••• ••, ..v. _FF.a,.av U Una Yl UJULI ., !n ust; 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 iICEIVET) ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 37 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of. North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: o ?c0Rod II. Applicant Information D NOV 1 9 2004 1. Owner/Applicant Information fq, Name: Michele Lawhem. Yancey Coup M er DENR - WATER QUALITY Mailing Address: Room 11, Courthouse AND 3 Burnsville NC 29714 Telephone Number:-(828) 682-3971 Fax Number: (828) 6824301 E-mail Address: m.lawhemna countvmaner yancYe c gIM 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/ap fi?j Name: Stuart A. R an F 111 ii::I! Company Affiliation: Altamont Environmental Inc Mailing Address: 50 College Street Asheville NC 28801 C,,, -,,,,_ WETLAD3 AND STORI.q. 4E'R BftAjNCH Telephone Number: (828) 281-3350 Fax Number: (828) 281-3351 E-mail Address: srvman@altamontenviromnental.com Page 5 of 14 ENGINEERING ,& HYDROGEOLOGY 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL. 828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com November 18, 2004 Q Ms. Cyndi Caroly 041926 DEC o 1 2004 Division of Water Quality ` ENR' VVA7-?R gggLiTY 401 Wetlands Unit ??7=A14')SAV'n5TO?? rQUALBRgN?H 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. Ple?se note that the applications are signed by myself as an authorized agent for Yancey County. A letter o?authorization will follow. Altamont appreciates the opportunity to provide these applications. If you would like additional information, please contact me. Sincerely, PAYMENT Stuart A. Ryman, P.G. 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 P:\Yancey County\NRCS EWP\Correspondence\DWQ permit cover letter.doc M. 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: Cattail Creek EWP 2004-03 EWP 2004-04 EWP 2004-05 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 through Burnsville After passing Ingles and Texaco on the right turn right on NC Highway 197 South After approximately ten miles (and just past the intersection with Cattail Creek Road). Highway 197 crosses Cattail Creek. The downstream point of the project is the confluence with the Cane River, which is accessible by turning from Highway 197 right on a grass road immediately before crossing the bridge. The project continues upstream approximately two miles from the bridge. Upstream locations are accessible by turning from Highway 197 left on Cattail Creek Road before the bridge. See attached Figure 1 5. Site coordinates, if available (UTM or Lat/Long): 35° 50' 26" N/82° 17' 54" 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): Cattail Creek 8. River Basin: French Broad Page 6 of 14 (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/.) 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 an d agricultural 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 and bridges 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 in 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 table 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 Page 7 of 14 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 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. IV. 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. Prior Project History 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. 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, 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. 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 eacn impact separately and identity 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 Page 9 of 14 3. Individually list all intermittent and perennial stream impacts below: Stream Length Impact of Average Width Perennial or site TNpe of Impact* Impact Strewn Name** of Stream Before Intermittent? (linear Impact (please specify) (indicate feet) on map) 1 Stream bank stabilization, 500 Cattail Creek 30 Perennial channel realignment, debris removal 2 Stream bank stabilization, 150 Cattail Creek 30 Perennial debris removal 3 Stream bank stabilization, 250 Cattail Creek 30 Perennial channel realignment, debris removal 4 Stream bank stabilization, 100 Cattail Creek 30 Perennial channel realignment, debris removal 5 Stream bank stabilization, 350 Cattail Creek 30 Perennial channel realignment, debris removal 6 Stream bank stabilization, 50 Cattail Creek 25 Perennial debris removal 7 Stream bank stabilization, 50 Cattail Creek 25 Perennial debris removal 8 Stream bank stabilization, 80 Cattail Creek 25 Perennial debris removal 9 Stream bank stabilization, 110 Cattail Creek 25 Perennial debris removal * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-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, ditch ing/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 wtivw.usf 'ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, wwtiv.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1,640 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. Page 10 of 14 -7 * 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. 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 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. AM 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. Page 11 of 14 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 Nvill be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at tml. hgp:/ih2o.enr.state.nc.us/nc,,vetlands/strmgide.h 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) 733-5208 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 Page 12 of 14 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 213 .0233 (Meuse), 15A NCAC 213 .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 M. 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 acreaae tivill 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. XIL Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Portable facilities shall be provided at the work site XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/ gent's Signature Date (Agent's signature s valid only if an authorization letter from the applicant is provided.) Page 14 of 14 Table I- Cattail Creek Property Owner Information PARCEL ID PIN OWNER AREA 148 071800902117000 WILSON MAX ETAL 1.01 160 071700891655000 HOLLIFIELD JACK 31.07 8 071800802542000 BLANKENSHIP ALVIN & LUCILLE 28.23 9 071800902117000 WILSON MAX ETAL 1.01 15 071700984967000 WILSON BENJAMIN B 30.30 19 071700999347000 PENSACOLA METHODIST CHURCH 1.33 20 071700984967000 WILSON BENJAMIN B 30.30 24 071700999347000 PENSACOLA METHODIST CHURCH 1.33 29 072700093067000 WILSON BILLY BROOKS 2.67 32 071700984967000 WILSON BENJAMIN B 30.30 37 072700180841000 CLARK EDWARD 4.21 38 072700082962000 WILSON BENJAMIN B 1.26 43 072700196010000 LEADBETTER LOUIS D 6.71 44 072700078674000 ROBERTSON C W JR 33.00 48 072700183108000 BYRD GLADYS 1.73 74 072700178960000 RIDDLE JERRY D & BARBARA F 2.34 78 072700271829000 YANCEY STONE INC 3.81 80 072700176241000 HIGH JAMES & KATHLEEN 3.78 83 072700270654000 PEAKE BARBARA 1.84 93 072700273494000 PENLAND CLARA 13.6 106 072700276093000 CLARK MARY LOUISE 0.79 107 072700373065000 ELSEGOOD JOHN EDWARD & LINDA VICKERS 5.43 108 072700361624000 BLALOCK MARTHA & MARY SPARKS 8.66 111 072700264677000 WILSON BENJAMIN B 8.48 112 072700163066000 HIGH JAMES M & KATHLEEN 62.89 120 072700366782000 RISNER THOMAS N & BETTY DELORES 4.47 143 072700350474000 CALDWELL ROBERT E & JOYCE A 14.15 151 072700462034000 WILSON BENJAMIN B 5.89 152 072700355338000 EDWARDS J RANDOLPH & JUDITH W TRUSTE 17.85 163 072700456674000 MCMAHAN OLLIE LIFE EST 20.39 168 072700452013000 MCMAHAN OLLIE LIFE EST 2.06 169 072700347505000 EDWARDS J RANDOLPH & JUDITH W TRUSTE 18.56 174 072700440130000 EDWARDS J RANDOPH & SHELBY JANE PRIN 6.77 176 072704535916000 PIETRYKA FREDERICK F & JEAN K ETAL 1.19 177 072700443038000 LOWE L EDWARD & ANNETTE S 27.95 10 072704535916000 PIETRYKA FREDERICK F & JEAN K ETAL 1.19 11 072704540660000 PATE RONALD D & PEGGY D 0.79 12 072700443038000 LOWE L EDWARD & ANNETTE S 27.95 13 072704542663000 HORN MARK & YAEL 0.97 14 072704544526000 POOLER PAUL E & MARY MARGARET 0.34 18 072704545419000 THOMAS RICKIE M & DIANNE Y 0.52 21 072704545338000 LAMB EDGAR L & PARTICIA 0.83 24 072704544125000 WOLFENSON JACK & ELAYNE 0.25 26 072704544005000 BORRAS-ROSELLO ISAAC & AURA L 0.21 29 072704533995000 GARVIN JANICE 0.25 31 072704534806000 JOHNSON JAMES HENRY & JANICE IRENE T 0.28 34 072704539572000 THEODORIDES EVANGELIA 2.271 36 072704534725000 ENOS JEFFREY J & DENISE B ETAL 0.37 38 072704535584000 CERTAIN LEONARD L & SUSAN A 0.95 39 072704534634000 CERTAIN LEONARD LOWE & SUSAN A ETAL 0.68 49 072704526575000 MCMAHAN ROBERT DONALD 4.44 50 072704535432000 DOWDA JOHN E & EUGENIA 0.92 54 072704535279000 BELLINO MARK & LINDA 0.59 62 072600488084000 ANSPACH WILLIAM E & KENNA L 397.3 66 072700522857000 AUSTIN GEORGE R & WILMA J 9.96 111 072704528422000 MCMAHAN ROBERT DONALD & BRENDA GAIL 0.1 N W-<?- E S Downstream Project Limits 2 r B e 293 1 '. CIA Upstream Project Limits Figure 1 Site Location Map with Stream Impact Site Numbers November 11, 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 T )EL. 828.281.3350 FAc.828.281.3351 www.altamontenvironmental.com Cattail Creek Yancev County. North Carolina PATempiatesTigures in WordTigure Border.doc PRE-STORh4 CONDITION CHANNEL TOP OF BANK ! 1 I NORMAL WATER LEVEL I ORIGINAL STREAhi BOTTOM A \ ` t WOODYiOTHER DEBRIS ' AFTER-STORM CONDITION , z ROCK DEBRIS z 1 n L7 i RESTORED CONDITION ! - - I; - - - RESTORED STREAM BOTTOh'1 I TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 400 - STREAM AREA DEBRIS REMOVAL STREAM AREA DEBRIS FIGURE REMOVAL CONCEPTUAL E•N"'G IIN E'E Wt N"G^,& -H?YO R'O G?E,0'L+O"G_Y,j 50 COLLEGE STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 www.altamontenvironmental.com L 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 r -? Original Stream Bottom Rock Erosion Debris Eroded Area BEFORE Channel Bank I Eroded Rock Debris Backfill' Q OOQ 0 Restored Stream Bottom 0 t.s 0 O 0 0 0000 00 00 QO QO AFTER TYPICAL CROSS SECTION SOURCE: USDA NRCS CONSTRUCTION SPECIFICATION 480 - STREAM CHANNEL AND STREAMBANK RESTORATION i, STREAM CHANNEL AND FIGURE E,N G1'4e E R F N G, &'H Y.'D-RiOE 0,L o;- Y STREAMBANK RESTORATION 50 COLLEGE STREET, ASHEVILLE, TIC 28801 CONCEPTUAL TEL.828.281.3350 FAC.828.281.3351 n www.altamontenvironmental.com vK 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 ALIAPAUN 1 CIVVIKUNAnCIV IAL, INN. NC DWQ 11/29/2004 Date Type Reference Original Amt. Balance Due Discount Payment 10/04/2004 Bill 475.00 475.00 475.00 Check Amount 475.00 12-- (- o4{ 4426 BB&T- Business Checking 475.00