19930255 Ver 1_COMPLETE FILE_19930511

f
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P. E., Director
May 11, 1993
Rutherford County Watershed Commission
C/O Mr. Eddie Holland, Chair
Room 122 Federal Building
121 South Main Street
Rutherfordton, North Carolina 28139
Dear Mr. Holland:
Subject: Certification Pursuant
Clean Water Act,
Proposed Floyd control
Project # 93255, COE #
Rutherford County
A4
[D F= F1
to Section 401 of the Federal
impoundment
199101290
Attached hereto is a copy.of Certification No. 2827 issued
to Rutherford County Watershed Commission dated May 11, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A. Pr ?ston Howard, Jr. P.E.
Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
1-4 1-
NORTH CAROLINA
Rutherford County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Rutherford County Watershed Commission pursuant to an
application filed on the 14th day of April, 1993 to create a
water control structure on Cathey's Creek.
The Application provides adequate assurance.that the
discharge of fill material into wetlands adjacent to the waters
of Cathey's Creek in conjunction with the proposed dam and pond
in Rutherford County will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 11th day of May, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 2827

Preston Howard, Jr. P.E.
i :.. 4 1
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
Division of Coastal Management
James B. Hunt, Jr., Governor
MEMORANDUM
April 15, 1993
TO: Mr. A. Preston Howard, P. E.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Jonathan B. Howes, Secretary
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199101290
dated April 8, 1993 describing a proposed project by Rutherford County Watershed
Commission, is being circulated to interested state agencies for comments on
applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by May 10, 1993 If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY
'-' This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
N.U. Box 27687, Raleigh,
Date S k I ?3
Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
rS ZI 50%-dad/10%D..(-w+u.-P.pa

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 8, 1993
Regulatory Branch
Action ID. 199101290
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Eddie Holland, Chairman, Rutherford County
Watershed Commission, for Department of the Army authorization and a State
Water Quality Certification to place fill materials into the waters of Catheys
Creek to construct a 41-acre flood control impoundment west of Union Mills,
Rutherford County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by June 7, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, Asheville
Regulatory Field office, telephone [phone].
Sincerely,
e Wrig
hie Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Pututc re0ortmg Ourdert bt 1be tt]NeCbOat 6ltsf 1t10 r :.. 9
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ether i
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instruc:ons, searChux3 e?ustutg data sources. gatnexbhtQ
Ao0lit:atidns for larger Ot more complex orolat:ts. Or those w? eca0gf?auy srens"areas. we take longer. Send f?rftrttents aegaeOtrtQ if?ns btttdect esurnate or at-
otther aspect of this trollection of infbrITtatipn, including suggestions for teduGng thus burden. to Washington Heaaauarters SeivM& Oirectorate for Information
Operations and Reports, 1215 Jefferson Davis Highway, Swre 1204, Arlington, VA 22202.4302: and to the Office of information and Regulatory Affairs. Offic:
it management and 8•jdget. Washington. OC 20503.
T;ne Department of the Army permit program is authorized try Section 10 of the Rivers and Haroors Act of 1899. Section 404 of the Clean Water Act and
Protecuon, Research and Sanctuanes AcL These laws require permits authonang activities in or affecting navgaole waters of the
Section 103 of the Maine
.
me aischarge of dredged or fill matenal into waters of the United States, ana me transportation of areaged matenat for the purpose of aumpinc
Unuea States
,
into ocean waters. Informauon proviced on this form wid be used in evacuating me aoplication for a permit. Information in this application is made a marten of
Oisctosura of the information requested is voluntary! however, tine data requested are necessary in order to
public recard mraugh issuance of a public notice.
communicate with the applicant and to evaluate the permit application. It necessary information is not provicea. Ube permit application cannot be processed nc,
can a permit be issued.
One set of anginal drawings or good reproducible copies wAK:M show the location and character of the proposea acsnnty must be attached to this apolication
(see sample drawings and instrucaonsl and be submitted to the Distinct Engineer having jurisdiction over the location of the proposed activity. An appiicaut
that is not completed in full will be retumea
I. APPLICATION NUMBER (To De assigned by Carps! I NAME, AOORESS. AND TrrLE OF AUTHORIZED AGENT
?? j 9 l 0 1 ?. 1)
Telephone no. during business hours
2. NAME AND ADDRESS OF APPLICANT A/C ( I (Residence)
Rutherford County Watershed Commission
I (ortica)
WC(

Rm. 202 Federal Building
121 S. Main Street Statement or Authoruation. I hereby designate and authorize
Rutherfordton, NC 28139 to act in m
behalf as my agent in the processing at this permit aopication and to
Telephone no during business hours
furnish, u00n tegUeSi. supplemental information in suooort of the application.
ArC ( ) (Resipence) SIGNATURE OF APPLICANT DATE
ac ( 704 2R7-4R1 7 (office)
4. 00 AILED OESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Construction of floodwater-retarding Structure No. 2, Second Broad River Watershed.
Structure consists of a compacted earth fill dam with a 36-inch concrete conduit
through the dam. The top of dam elevation is 1043.7 MSL, the crest of emergency
spillway elevation is 1034.5 MSL and the principal spillway elevation is 1014.5 MSL.
Earthfill will be 111,300 cubic yards and excavation will be 144,532 cubic yards.
Permanent pool surface area will be 41 acres.
40. PURPOSE
The purpose is flood control. Structure No. 2 is an integral part of the Second
Broad River Watershed Plan. Eleven floodwater-retarding structures have been built
to date as part of this plan. Construction is planned for late 1993 and 1994,
depending on the availability of funds.
sc. OISC)-4ARGF OF OREDGED OR FILL MATERIAL
Fill material will be used to construct the earthfill dam. Fill will be transported
by large tracked or rubber-tired equipment. there will be 111,300 cubic yards of
earthfill associated with dam construction.

ENG FORM -3.345, Aug 89 EDITION of APH 06 U QWi"t-iM
nawtES aND?A?sats u?.?-'..... ?. _ _ _
6 WATERBODY AND LOCATION ON WATERSODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Catheys Creek, a tributary of the Second Broad River,
7 LOCATION ON LAND WHERE ACTIVITY ausTb OR IS PROPOSED Approximately .75 miles north of Road 1325 and 2 miles
ADDRESS: southwest of Thermal City, Rutherford County, NC.
STREET, ROAD. ROUTc OR OTHER DESCRIPTIVE LOCATION
COUNTY STATE ZIP CODE
LOCAL GOVERNING BODY WrrH JURISDICTION OVERS17M
NU
Iron of the activity for which authorization is sought now compote? O YES
E. Is any Oor
it answer is 'yes' give reasons. month and year the activity was competed Indicate the easting work on the draw
9. Lest all apOrOVafs or certifications and denials received from other federal, interstate, state Of local agencies for any structures. trortstrucwn. ucx.,w.vw
activities desaided in this application. DATE OF DENIAL
ISSUING AGENCY TYPE APPROVAL
N/A
IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL
. ,io
10 Appor-stion a f1WOW made fora permit or pmts to authonze the actmtws o6scnbW harem. 1 certify'hat 1 am Iama&w with the eMOrma?wn Lain- authority
application, and that to the oast of my knowisoge and belief such information t3 true. compete. and accurate 1 tunner candy that I P L"Oess the undertake the proposed activities or I am acting as the ouly authorized agent of the applicant
/ r qi O / /2-
DATE
TUBE OF APPLI DATE SIGNATURE OF AGENT
The application must be signed by me person who desires to undertake me proposed activity (apprcant) or it may be signed by a duly
aumorned agent if me statement in block 3 has been hlled out and signed.
IS U.S.C. Section 1001 provides mat: Whoever. in any manner e"ttkn we turisdlcuon of any department or agency of The United States
knowingly and willfully tafsdies, conceals, or covers up by any trek. sonerne. or device a materal fact or makes any take. fictitious or fraudulent
statements or represernatfons or makes or uses any false wnWtg or document knowing saute to contain any false ficuious or
trauduieni statement or entry, shall be fenec not more than $10.000 or imprisoned not more than five years. or Doth.
us. orfwaMr wiiiirti6 OWC11 i• o-401+•31
1010-a se of Eno FOnar 47451
See attached sheet labeled "Block.5 Continued"
Block 5 Continued
LIST OF APPARENTT LANDOWN-ERS
STRUCTUP.E SITE NO. 2
SECOND BROAD RIVER WTTERSHED
RUTF-ERFOPn COU:ITy, NORTH CAROLINA
APPAR E:`.TT PH!-INE
LAN00WNFrR NUMFE'R ADDRESS
Jimmy Edgar Worley
& Donna D. ------ Rt. 1, Box 396, Union Mills, NC
216
Donald E. Koone
fit Helton B. 704-287-3857 Rt. 3, Box 146A, Rutherfordton
NC 28139
Allyne Koon 704-286-9661 Rt. 1, Box 410, Union Mills,NC
2511b 7
Woodrow P. Fountain 704-286-9780 Rt 1, Bor. 194,
Union Mills, NC 2- F5'1 6 7
Mrs. Hattie Nanney Church
704-287-5134 Rt. 1 Bbx 234, Union Mills NC
2- 1;; b 7
Jerry G. Jay*?es ------- Rt. 1, Pox 257, Union Mills, NC
28167
Georze E. Holland
& Louise A. 704-245-7081
Pfae Nanney Estate
c/o Robert- F. Nanney ------
401 Morgan St.
Forest City, NC 2 ceC9443
P.O. Box 924, Rutherfordton, NC
2.25,r39
H. Charles Stearns
& Shirley E. 704-287-5282 Rt 1, Box 397-G, Union Mills, NC
Z MI6 7
David Na_.h Byers ---- Rt 2, Rutherfordton, NC 28139
C'-ere A. Powers 704-287-7933 Rt 1, Box 395, Union. Mils, NC
Z4f16 7
Jhue L. Bailey
& Betty ------ Rt 1, box 262, Union Mills, NC 28167
NC Derartment of Transportation(SR 1321) Rt 1, Box169C
Marion, NC 28752
Rutherford Electric--- 202 F?udlow Rd, Forest City, NC 28043
Mr-. Fred Nanney ------ Rt 1, Union Mills, NC 2-V/67
Harold D. Medcalf 704-652-3273 736 Baldwin. Ave.
Marion, NC 28752
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Vicinity Map
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SECOND
Three types of wetlands are created with permanenet pool construction, as shown below.
1. Wetland created along edge of permanent water 9,200 ft. x 6 ft.
(approximately 1.3 acres).
2. Shallow water areas near entrance of tributaries (areas where sediment will
create wetlands in short period of time).
(1) 50' x 200'
(2) 200' x 350'
(3) 100' x 100'
90,000 sq. ft. approx. 2.1 acres
3. Graded wetland area (improvements in topography made during clearing
operation to favor wetland species).
(4) 75' x 300'
(5) 75' x 200'
(6) 30' x 400'
(7) 50' x 150'
(8 50' x 100'
(9) 75' x 200'
(10) 30' x 100'
0 1) 100' x 100'
(12) 75' x 150'
(13) 20' x 530'
(14) 30' x 100'
(15) 20' x 150'
117,850 sq. ft. approx. 2.7 acres
Total wetland area created will be approximately 6.1 acres.
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C?T)tE?S CP-EE-< DAM
sN EEr T O P I o
Wetland to be Created at Site 2 in Non-hydric Soil Areas

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N. C. DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
ASHE'VILLE REGIONAL OFFICE
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
T ?e '6
FAX #:
FROM: (1??
FAX [phone]
DATE: j /? 7
# OF PAGES INCLUDING THIS COVER: ?
MESSAGE: - If questions, please call 704/251-6208.
TR',A R:" TS7 J;TRTf, Ol NNH3Q Oa at i T naysd WON-d OT :ET 266T-LB-AUW
Mi_`T;?1:`J Ili
Jnr_ey
Planning Branch
PRIITI'
Rr.'? , c'.ti?78Y-.' - ; //.' CSI ? ??
DATE : _ -
WFT'AND STAFF REPORT AND RECOMMENDATION-
11A'.,' ?.'.? Z'L
r_.. ..,t rn 7 r3-, T) T" MTT INTO rl r)n?-r., c_ {APT TNfrV I?T"Tff C•'1:?jw'O:?D
APPLICANT NAME: RUTHERFORD - -SECOND BROAD R. WAT..E.t1'SJl ED S,
PROJECT--TYPE: DAM PERMIT-TYPE: IND
COE_# : DO'r__.# :
RCD_FROM_CDA: APP DATE__FRM_CDA: 03/25/93
RECD OFFICE: ARO RIVER._AND_SUB_BASTN_#: 3,'VD p3UKO;'-
-REAN+__CLASS: LUS ? ?
WL__.IMPACT? : a/N
WL_REQUESTED :
STR_IODEX_NO :
WL-TYI'N' -
WL_ACR_S,S'I' ., - /N
WATER -IMPACTED BY F111-L": Y/I1
MIM
YO
4ITIGATION-TYPE : +'X61,zk11 "C MI`I'IGATION_°IZE: ?•
.rvi
goo / e 2 ,4N0 o hE:? ,eel,,7&O e C-WAI, oz-
lax- IS WETLAND RATING SHEET ATTACHED'?, Y?
' ?RECOMMENDATION (Circle One): SSU' ISSUE/COND DENY
COMMENTS: /117 /,1a.,/.iin/c. 7'/?? //dst(L?pl1J`r? ?I?rOX/YT?1/`1 Lc?'.?G' U?Tli1`d!Q
ru?
e
cc:
7A"H R?' U7/.F,TRTF, 01 zINH3G 0?1 of I T naysd WOa-J OT:ZT EGGT-LB-MW
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
APR 1410
WETLANDS GROUP
WATER QUALITY SECTION
Action ID: 199101290 April 8, 1993
PUBLIC NOTICE
RUTHERFORD COUNTY WATERSHED COMMISSION, represented by MR. EDDIE HOLLAND,
Chairman, Room 122 Federal Building, 121 South Main Street, Rutherfordton,
North Carolina, 28139, has applied for a Department of the Army (DA) permit TO
PLACE FILL MATERIALS INTO THE WATERS OF CATHEYS CREEK TO CONSTRUCT A 41-ACRE,
FLOOD CONTROL IMPOUNDMENT WEST OF UNION MILLS, Rutherford County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show the proposed construction of a 46-foot high, compacted earth
fill dam with a 36-inch concrete conduit on Catheys Creek just downstream of
the confluence with Harris Creek. The approximate 111,300 cubic yards of fill
material required for construction would be obtained from excavation required
for the dam and spillway. The planned permanent pool would have a surface
area of 41 acres. A 300-foot-long section of Catheys Creek would be filled
for construction of the dam and an additional 7,000 linear feet of,stream
channel on CaV nd Harris Creeks would be inundated by the project.
Approximately res of wetlands would also be inundated by the permanent
`pool. These s consist primarily of alder shrub swamp and wet meadow
that has developed in abandoned pastureland. One small slough-like depression
close to the dam site is forested with green ash, red maple and sycamore. As
compensation for thes and losses, the applicant proposes to create a
total of approximatele S.1 acres of wetland at various locations around the
impoundment. This miti -ion proposal is described on sheets 8 through 10 of
the project plans. The purpose of this project is to control flooding of
downstream agricultural lands. This work is part of the U.S. Department of
Agriculture, Soil Conservation Service's Second Broad River Watershed Project.
Plans showing the proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
-2-
TIV -
This "application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public: interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies, 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the DEM issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The DEM
considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Water Act. The application and this public
notice for the DA permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after May 1, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 26, 1993, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
May 10, 1993, or telephone [phone].
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SECOND BROAD RIVER WATERSEHD r
Wetland to be Created at Site 2 in Non-hydric Soil Areas
Three types of wetlands are created with permanenet pool construction, as shown below.
1. Wetland created along edge of permanent water 9,200 ft. x 6 ft.
(approximately 1.3 acres).
2. Shallow water areas near entrance of tributaries (areas where sediment will
create wetlands in short period of time).
(1) 50' x 200'
(2) 200' x 350'
(3) 100' x 100'
90,000 sq. ft. approx. 2.1 acres
3. Graded wetland area (improvements in topography made during clearing
operation to favor wetland species).
(4) 75' x 300'
(5) 75' x 200'
(6) 30' x 400'
(7) 50' x 150'
(8 50' x 100'
(9) 75' x 200'
(10) 30' x 100'
(11) 100' x 100'
(12) 75' x 150'
(13) 20' x 530'
(14) 30' x 100'
(15) 20' x 150'
117,850 sq. ft. approx. 2.7 acres
Total wetland area created will be approximately 6.1 acres.
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ANN
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary June 15, 1992 Director
MEMORANDUM
To: Melba McGee
Through: John DorneVA
y I?
From: Eric Galamb
Subject: Second Broad River Watershed Structure # 2
McDowell, Rutherford and Cleveland Counties
EHNR # 92-0882, DEM WQ # 5817
The subject document has been reviewed by this office. The Division of
Environmental Management is responsible for the issuance of the Section 401 Water
Quality Certification for activities which may impact waters of the state including
wetlands. The following comments are offered in response to the Draft Environmental
Assessment. Approximately 4.5 acres of wetlands will be impacted.
1. Written concurrence of 401 Water Quality Certification will be required for this
project.
2. If the existing wetlands are wooded, DEM requests that the mitigation plan
include tree plantings in addition to natural succession.
Endorsement of the EA by DEM does not preclude the denial of a 401 Certification
upon application if wetland impacts have not been avoided and minimized to the
maximum extent practicable.
Questions regarding the 401 Certification should be directed to Eric Galamb in DEM's
Water Quality Planning Branch.
broadriv.ea
cc: Eric Galamb
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7(X)7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626,0535 Telephone [phone]
An Equal Opportunirv Affirmative Action Employer
P R G1..! EE (:::..i.
,:.:,....
c?
C ?C' Ue;' Clh?
COUNTY MCDOWELI...-)
DATE - 05/2i/92
RESPONSE DUE DATE
- 0110/4 -
?V
jAAy 2Ej 1992

MANAGER SrGN-OFF/REGIOW
DATE:
IN-HOUSE REVIEWER/AGENCY: DATE:
AS A RESULT OF THIS REVIEW, THE FOLLOWING IS SUBMITTED:
NO OBJECTION TO PFtOJE•_C .'`•,`::t PROPOSED
__ NO COMMENT
__ INSUFFICIENT INFORMATION
(.:G1i~lSISTE:NCY :.i°i'AT'}:::}°fF:ENT NEEDED NOT NEEDED
OTHER (SPECIFY AND ATTACH COMMENTS)
E:NV:I:RONME::NTA}... DOCUMENT REQUIRED UNDER THE
PROVISIONS OF NEEPFi AND SEEPA
DISTRIBUTION LIST
W:I:L.DI...:I:F°I:::
ENVIRONMENTAL HEALTI-1
FOREST RESOURCES
SOIL AND WATER
ASHEVILLE REGIONAL OFFICE
AG1, , Wtai , G;W, I...Q
MOORESVILLE REGIONAL OFFICE
ENVIRONMENTAL MANAGEMENT (GW)
ENVIRONMENTAL MANAGEMENT (WQ)
PARKS AND RECREATION
WATER PLANNING
OTHER .... -....- ................ --...................., ?........
RETURN TO MELBA MCGE:E:, DIVISION OF PLANNING AND ASSESSMENT
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SECON D BROA D RIVER
W A TERSH E D
ORP&S
S UP P LEME NTAL
WATE RSH ED AGREEMENT
No. 2
and
S UP P LEME NTAL
WA TE R SHED PLAN-
ENVIRON ME N TAL ASSESSMENT
All USDA programs and services are available
without regard to race, color, national origin,
religion, sex, age, marital status, or handicap.

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A
SUPPLEMENTAL WATERSHED WORK PLAN - ENVIRONMENTAL ASSESSMENT
FOR
SECOND BROAD RIVER WATERSHED
McDOWELL, RUTHERFORD, AND CLEVELAND COUNTIES, NORTH CAROLINA
ABSTRACT: This document serves to delete multiple-purpose Structure
Number 2 and the recreational facilities associated with the structure from
the planned works of improvement. Floodwater-retarding Structure No. 2 is
substituted for multiple-purpose Structure No. 2. The benefit cost ratio of
the plan as supplemented is 1.16:1.0. Based on this environmental
assessment, it is determined that the recommended plan will not result in
significant local, regional, or national impacts on the environment. No other
alternative exists which would achieve a reasonable level of flood protection
at a lesser environmental cost or with a lesser commitment of resources.
Prepared under the authority of the Watershed Protection and Flood
Prevention Act, Public Law 83-566, as amended (16 U.S.C.-1001-1008)
and in accordance with Section 102(2)(c) of National Environmental Policy
Act of 1969, Public Law 91-190, as amended (42 U.S.C. 4321 et seq.).
Prepared by:
Rutherford Soil and Water Conservation District
McDowell Soil and Water Conservation District
Rutherford County Watershed Commission
U.S. Department of Agriculture, Soil Conservation Service
For additional information contact:
Bobbye J. Jones, State Conservationist
Soil Conservation Service
4405 Bland Road
Raleigh, North Carolina 27609
Phone: [phone]
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SUPPLEMENTAL WATERSHED AGREEMENT NO. 2 aft
between the
' Rutherford County Watershed Commission,
Rutherford Soil and Water Conservation District,
' McDowell Soil and Water Conservation District,
' (Referred to herein as Sponsors)
State of North Carolina
' and the
Soil Conservation Service
United States Department of Agriculture
(Referred to herein as SCS)
' Whereas, the watershed plan for Second Broad River Watershed, State of North
Carolina, executed by the Sponsors named therein and SCS, became effective on the
28th day of October, 1975; and
' Whereas, a supplemental agreement for said watershed, executed by the Sponsors
named therein and the SCS became effective on the 7th day of August, 1990; and
' Whereas, in order to carry out the watershed plan for said watershed, it has
become necessary to modify said watershed agreement; and
' Whereas, the responsibility for administration of the Watershed Protection and
Flood Prevention Act, as amended, has been assigned by the Secretary of Agriculture to
the Soil Conservation Service (SCS); and
' Whereas, a Supplemental Watershed Plan which modifies the watershed plan
dated October 28, 1975, for said watershed has been developed through the cooperative
' efforts of the Sponsors and the SCS;
Now therefore, the Secretary of Agriculture through the SCS and the Sponsors
hereby agree upon the following modifications of the terms, conditions, and stipulations
' of said watershed agreement;
(1) Multiple-purpose Structure No. 2 and the recreational facilities associated with the
structure are hereby deleted from the planned works of improvement.
(2) Floodwater-retarding Structure No. 2 is substituted for multiple-purpose structure
No. 2.
(3) Paragraph number one is modified to read as as follows:
The Rutherford County Watershed Commission will acquire such landrights
as will be needed in connection with works of improvement (estimated cost:
$1,705,905).
' ii

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(4) Paragraph number two is modified to read as follows:
The Rutherford County Watershed Commission assures that comparable
replacement dwellings will be available for individuals and persons displaced
from dwellings, and will provide relocation assistance advisory services and
relocation assistance, make the relocation payments to persons, and
otherwise comply with the real property acquisition policies contained in the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (Public Law 91-646, 84 Stat. 1894) effective as of January 2, 1971,
and the Regulations issued- by the Secretary of Agriculture pursuant thereto.
The costs of relocation payments will be shared by the Sponsors and the
SCS, as follows:
Estimated
Relocation
Sponsors SCS Payment Costs
(percent) (percent) (dollars)
Relocation Payments 42.8 57.2 59,660
151

Paragraph number four is modified to read as follows:
The percentages of construction costs of structural measures to be paid by
the Rutherford County Watershed Commission and by SCS are as follows:
Estimated
Construction
Works of Improvement Sl2onsors SCS Cost
(percent) (percent) (dollars)
Multiple-purpose Structure No. 3A 30.05 69.95 666,400
Recreational Facilities 100 0 42,000
Floodwater-retarding Structures 0 100 5,948,900
Critical area stabilization measures are to be installed on a division of work
basis between SCS and the Sponsors. The Rutherford County Watershed
Commission will provide for the labor and equipment and SCS will provide
the needed materials.
(6) Paragraph number five is modified to read as follows:
The percentages of the engineering costs to borne by the Rutherford County
Watershed Commmission and SCS are as follows:
Estimated
Engineering
Works of Improvement Sponsors SCS Cost
(percent) (percent) (dollars)
Multiple-purpose Structure No. 3A 0 100 53,310
Recreational Facilities 100 0 5,040
Floodwater-retarding Structures 0 100 501,825
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' (7) Paragraph number six is modified to read as follows:
The Rutherford County Watershed Commission and SCS will each bear the
costs of project administration which it incurs, estimated to be $37,080 and
$953,510, respectively.
' (8) The Sponsors certify that they will or will continue to provide a drug-free
workplace by:
(A) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
' taken against employees for violation of such prohibition;
(B) Establishing an ongoing drug-free awareness program to inform employees
' about
(1) The danger of drug abuse in the workplace;
' (2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
' programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
' (C) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
' paragraph (A);
(D) Notifying the employee in the statement required by paragraph (A) that, as a
' condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
' (2) Notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
' (E) Notifying the SCS in writing, within ten calendar days after receiving notice
under paragraph (D)(2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices.
' Notice shall include the identification number(s) of each affected grant;
(F) Taking one of the following actions, within 30 calendar days of receiving
' notice under paragraph (D)(2), with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to
' and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
' iv

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(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
' (G) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (A), (B), (C), (D), (E), and (F).
(9) The Sponsors may provide a list of the site(s) for the performance of work done in
connection with a specific project or other agreement.
' (10) Agencies shall keep the original of all disclosure reports in the official files of the
agency.
(11) The Sponsors certify to the best of their knowledge and belief, that:
' (A) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Sponsors, to any person for influencing or attempting to influence an
officer or employee of an agency, Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
' (B) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
' employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned
' shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(C) The Sponsors shall require that the language of this certification be included
' in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
' (12) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
' by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(13) The Sponsors certify to the best of their knowledge and belief, that they and their
principals:
' (A) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded for covered transactions by an Federal
department or agency;
' (B) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
' criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
' v

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commission of embezzlement, theft, forgery, bribery, falsification or
' destruction of records, making false statements, or receiving stolen property;
(C) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
' offenses enumerated in paragraph (13)(B) of this certification; and
(D) Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State, or local) terminated for cause
or default.
' (14) Where the primary Sponsors are unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this
agreement.
The Sponsors and SCS further agree to all other terms, conditions, and stipulations of
said watershed agreement not modified herein.
' By
Name of Sponsor (Type name below signature)
Title
'
Address Zip Code Date

The signing of this Plan was authorized by a resolution of the governing body of the
adopted at a meeting held on
(Name of Sponsor)
(Type name below signature
Secretary or other title)
Date
Name of Sponsor

By
Title
Address
Zip Code
Address Zip Code
(Type name below signature)
Date
The signing of this Plan was authorized by a resolution of the governing body of the
adopted at a meeting held on
(Name of Sponsor)
(Type name below signature
Secretary or other title)
Date
Vi
Address Zip Code

7

By
Name of Sponsor (Type name below signature)
Title
Date
Address Zip Code
The signing of this Plan was authorized by a resolution of the governing body of the
adopted at a meeting held on
(Name of Sponsor)
(Type name below signature
Secretary or other title)
Address Zip Code
Date
Soil Conservation Service
United States Department of Agriculture
Approved by:
Bobbye J. Jones
State Conservationist
Date
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TABLE OF CONTENTS
ABSTRACT .......................................................................................... i
WATERSHED AGREEMENT ................................................................... ii
TABLE OF CONTENTS "'
1.0 NEED FOR THE SUPPLEMENT ................................................................1
2.0 WORKS OF IMPROVEMENT
2.1 Land Treatment Measures ............................................................1
2.2 Structural Measures ....................................................................1
3.0 EFFECTS OF WORKS OF IMPROVEMENT ON FLOODWATER .....................1
4.0 COMPARISON OF BENEFITS AND COST .................................................1
5.0 TABLES
Table 1 - Estimated Project Installation Cost ..........................................3
Table 2 - Estimated Structural Cost Distribution ......................................4
Table 3 - Structural Data - Structure With
Planned Storage Capacity ......................................................5
Table 4 - Annual Cost ..........................................................................6
Table 5 - Estimated Average Annual Flood
Reduction Benefits ................................................................7
Table 6 - Comparison of Benefits and Costs
for Structural Measures .........................................................8
6.0 ENVIRONMENTAL SETTING
6.1 General .....................................................................................9
6.2 Size and Location .......................................................................9
6.3 Climate .....................................................................................9
6.4 Geology, Topography, and Soils .................................................10
6.5 Land Use .................................................................................11
6.6 Floodwater ..............................................................................11
6.7 Erosion and Sedimentation .........................................................12
7.0 EXISTING RESOURCES
7.1 Streams .................................................................................. 12
7.2 Wetlands ................................................................................. 12
7.3 Fisheries Resources .................................................................. 13
7.4 Wildlife Habitat ........................................................................ 13
7.5 Endangered Species .................................................................. 13
7.6 Cultural Resources .................................................................... 14
7.7 Water Quality .......................................................................... 14
8.0 ALTERNATIVES .................................................................................14
9.0 DESCRIPTION OF STRUCTURE NUMBER 2 ............................................15

Viii

C

0

10.0 ENVIRONMENTAL IMPACTS
' 10.1 Streams ..................................................................................
10.2 Wetlands ................................................................................. 15
15
10.3 Fisheries Resources .................................................................. 16
10.4 Wildlife Habitat ........................................................................ 16
' 10.5 Endangered Species ...............................................:.................. 16
10.6 Cultural Resources .................................................................... 16
10.7 Water Quality ...........:.............................................................. 17
' 11.0 CONSULTATION AND PUBLIC PARTICIPATION ...................................... 17
12.0 CONCLUSION ................................................................................... 17

13.0 APPENDIX
13.1 List of Preparers ....................................................................... 18
13.2 Project Map

0

C

1

ix

1

1

11

1.0 NEED FOR THE SUPPLEMENT
This supplement deletes recreation and the recreational development associated
with the structure from Structure No. 2.
The Sponsors requested that Structure No. 2 be constructed as a single-purpose
flood prevention structure. This was considered necessary after the voters in
Rutherford County defeated a referendum to fund the planned recreational
development at this site. The flood prevention benefits of the structure will not be
changed.
2.0 WORKS OF IMPROVEMENT
1 2.1

Land Treatment Measures
Land treatment measures planned for the watershed have been installed.
' 2.2 Structural Measures
Structural works of improvement in the original plan consisted of two
' multiple-purpose structures (one with a complete recreational development
and one with water resource improvement for recreation), and ten single-
purpose floodwater retarding structures. Fifteen small dams to be built to
the SCS National Handbook of Conservation Practices Standard No. 378
were substituted for floodwater retarding Structure No. 11 by Supplement
No. 1. Four of the small structures and seven of the planned floodwater
retarding structures have been built. Eleven small dams, multiple-purpose
Structure No. 3A, and floodwater retarding structures No. 1A, No. 2, and
No. 7A remain to be constructed.
3.0 EFFECTS OF WORKS OF IMPROVEMENT
Flood prevention, erosion and sediment reduction benefits will remain essentially
' the same as with the original plan. However, the recreation benefits which would
have been associated with Structure No. 2 will not be realized.
' 4.0 COMPARISON OF BENEFITS AND COSTS
The watershed plan tables have been revised to show updated benefits and costs.
Current normalized prices (1989-90) were used to update agricultural benefits, and
1991 prices for non-agricultural benefits. The as-built costs of installed structural
measures are shown on Table 2. Measures to be installed were valued at 1991
' prices. As-built costs were brought to 1991 values by use of the Commerce

I

Department Construction Cost Index. Installation costs were amortized at 5 7/8
percent interest for a 100-year project life, and shown on Tables 4 and 6. Benefits
and costs shown on Table 6 are on a consistent dollar basis.
' The average annual cost of structural measures , including operation and
maintenance is estimated to be $687,210. Average annual benefits are estimated
at $796,320 (Table 6). The benefit-cost ratio is 1.16:1.0.

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LE 3
STRUCTURAL DATA (REVISED)
STRUCTURES WITH PLANNED STORAGE CAPACITY
Second Broad River Watershed
McDowell, Rutherford, and Cleveland Counties, North Carolina

STRUCTURE N UMBER
ITEM UNIT L 1A 2
Class Of Structure b b
Drainage Area Sq. Mi 4.50 6.74
Curved No. (1-Day) (AMC II) ' 66 69
1- Tc Hrs. 1.05 1.1
Elevation Top Of Dam Ft. 1012.9 1040.0
Elevation Crest Emergency Spillway Ft. 1007.1 1034.5
Elevation Crest High Stage' Inlet Ft. 987.5 1014.5
Elevation Crest Low Stage Inlet Ft.
Maximum Height Of Dam Ft. - 42.9 49.0
Volume Of Fill
Total Capacity Cu.Yds.
Ac.Ft. 100,000
1150 100,000
2158
Sediment Submerged 100 Years Ac. Ft. 185 295
Sediment Aerated, Ac. Ft. 19 97
Beneficial Use (Recreation) Ac.Ft. --- ---
Retarding Ac.Ft. 946 1766
Between High and Low Stage Ac. Ft. --- ---
Surface Area
Sediment Pool Acres 29 41
Beneficial Use,Pool (Recreastion) Acres - --
Retarding Pool Acres 69 151
Principal Spillway
Rainfall Volume (areal) (1-day) In. 8.0 9.4
Rainfall Volume (areal) 0 0-day) In. 14.7 17.4
Runoff Volume (10-day) Inc. 6.6 131
Capacity Of Low Stage (Max.) Cfs.
Capacity Of High Stage (Max.) Cfs. 111 189
Frequency Operation - Emergency` Spillway % Chance 2 1`
Size Of,Conduit Dim. 30 36
Emergency Spillway
Rainfall, Volume (ESH) (areal) In. 8.7 8.97
Runoff Volume (ESH) In. 4.58 5.19
Type Veg. VEG.
Bottom Width Ft. 200 200,
Velocity Of Flow (Ve) Ft./Sec. 3.93 1.36
Slope Of Exit Channel Ft./Ft. .040 .030
Maximum Water Surface Elevation Ft. 1008.4 1034.6
Freeboard
Rainfall Volume (FH).(areal)
In.
15.6
15.44
Runoff Volume (FH) In. 10.76 11.11
Maximum Water Surface Elevation Ft. 1012.9 1040.0
' Capacity Equivalents
Sediment Volume in. 0.85 1.09
Retarding Volume inc. 3.94 4.9

DATE: May 1.992
5
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TABLE 4
ANNUAL COST (REVISED) `.
(DOLLARS)v
Second Broad River Watershed
McDowell
-Rutherford
and Cleveland Counties, North Carolina
,
,

AMORTIZATION OF OPERATION AND
EVALUATION UNIT INSTALLATION COST 2/ MAINTENANCE
TOTAL

ALL STRUCTURAL MEASURES 600,300 20,6003/ 620,900
PROJECT ADMINISTRATION 66,310 ----- 66,310
1 TOTAL 666,610 20,600 687,210

1 Price base:,,, 1991.
/
2
Amortized at 5 7/8 percent interest rate for 100 years.
3/ Includes $9,100 for maintenance of facilities at multiple-purpose structure.

DATE: May 1992

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TABLE 5
ESTIMATED AVERA GE ANNUAL FLOOD DAM AGE REDUCTION BENE FITS';
(REVISED)
i (DOLLARS)'/
' Second Broad River Watershed
McDowell, Rutherford, and Cleveland Counties; North Carolina
t
ESTIMATED AVERAGE ANNUAL DAMAGES
WITHOUT WITH DAMAGE
REDUCTION
ITEM PROJECT PROJECT BENEFIT -
FLOODWATER
CROP AND PASTURE 174,800 56,170 118,630
OTHER AGRICULTURAL
NON AGRICULTURAL 50,610 23,620 26,990
ROADS& BRIDGES 63,840 10,960, 52,880
SUBTOTAL 289,250- 90,750 -1981550

' SEDIMENT
OVERBANK DEPOSITION
81,080
32,110
48,970
RESERVOIRS 162,675 73;505 - 89,170
INDUSTRIAL WATER SUPPLY 64,480 43,380 21,100

SUBTOTAL 308,235 148,995, °1.59,240
INDIRECT. 89,620 35,960 53,660
TOTAL 687,105 275,705 411,400

Price base: Current nor malized for agricultural production; 1991 for other values.

DATE: May 1992
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6.0 ENVIRONMENTAL SETTING
6.1 General
The Second Broad River Watershed Work Plan and the Environmental Impact
Statement were completed.. in 1975. Project Sponsors were:
1 1. Rutherford County Watershed Commission
2. Rutherford Soil and Water Conservation Commission
i 3. McDowell Soil and Water Conservation Commission
1 The work plan provided for accelerated land treatment on 15,795 acres of
cropland, grassland, and miscellaneous land, and for forest land treatment on
24,223 acres. Structural measures included two multi-purpose structures and
ten single-purpose floodwater-retarding structures.
The original work plan has been supplemented to delete Structure No. 11 and
to add a series of small dams to replace it. Also, the plan has been
supplemented to delete recreation as a purpose of Structure No. 2.
To date, seven single-purpose structures have been completed (Sites 4, 10A,
13, 14, 16, 22, and 23) and the planned land treatment has been installed.

This environmental assessment addresses the impacts associated with the
construction and operation of Structure No. 2 and serves to update
information contained in the 1975 EIS.
6.2 Size and Location
Second Broad River Watershed is approximately 144,300 acres in size and is
located in Portions of Rutherford, McDowell, and Cleveland Counties, North
Carolina. The watershed is located in the South Atlantic-Gulf region and has
been assigned Hydrologic Unit Number 03050105.
I
6.3 Climate
Climatic characteristics include well-distributed rainfall, mild winters, and
warm-to-hot, humid summers and average rainfall of nearly 50 inches. The
1 average temperature ranges from about 43 degrees Fahrenheit in January to
around 79 degrees Fahrenheit in July, with an average annual temperature of
approximately 60 degrees Fahrenheit. The average freeze-free period extends
1 approximately from the middle of April to the middle of October.

1

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' 6.4 Geology, Topography, and Soils
The watershed contains soils and land forms associated with the Blue Ridge
Physiographic Region. Elevations range from 700 feet MSL at the confluence
of Second Broad and Broad Rivers to 2,200 feet MSL in the mountainous
headwaters. The underlying geology within the area is pre-dominantly
metamorphic rocks such as gneiss and schist that are interlayered with
amphibolite and small granitic masses. Most of the upland landforms are
highly dissected and consist of moderately steep to steep ridges, and steep to
very steep sideslopes. Gently sloping to steep colluvial toeslopes are
interspersed along some drainageways and benches associated with the
uplands.
Nearly level to gently sloping flood plains occur along most perennial streams.
In their initial stage, these flood plains are very narrow but widen as stream
order increases. Some of the smaller or very narrow flood plains are not
delineated on soil survey maps, but are assumed to occur adjacent to
delineated drainage lines. These areas represent transitional colluvial and
1 alluvial landforms.
Along the wider flood plains, old alluvial terraces are interspersed on higher
positions adjacent to the active flood plain. They represent ancient stream
and flood plain levels.
The majority of the project sites are located along small perennial streams that
have developed narrow initial stage flood plains. Soils on these land forms
were typically formed in coarse-textured alluvium characteristic of these
settings. In general, they lack developed subsoils and have very low clay
contents. A typical profile consists of coarse-loamy alluvium grading to
stratified material that includes sand, gravel, and cobbles within depths of 40
to 60 inches. Their drainage class ranges from well to somewhat poorly
drained and permeability is moderately rapid.
I
Also associated with these narrow flood plains are soils typically having very
gravelly or very cobbly sand as a substratum immediately below the surface,
or within 10 to 20 inches. These soils are adjacent to the stream channel or
on the extreme upper reaches of the initial stage flood plain. Their drainage
class is somewhat excessive to excessively drained with rapid to very rapid
permeability.
1
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Several flood plain project sites showed old evidence of placer mining for gold
or possible excavation for road gravel. They contained small man-made
humps and water-filled depressions. Small natural seeps occurred near the
flood plain - upland landscape on several sites and had hydrologic properties
characteristic of wetlands. -
The majority of upland soils associated with the project sites have developed
subsoils that formed in residuum derived from weathered bedrock. Clay
content is generally 18 to 35 percent, except on wider smoother parts of the
ridge where similar soils have greater amounts. The soils are mostly well
drained.
Depth to bedrock in upland soils is variable. It ranges from 20 to 40 inches in
narrow ridge crests and convex parts of the sideslope, to greater than 60
inches on broad river crests and concave parts of the sideslope. The bedrock
is typically soft and fractured in the upper part but grades to harder material
below. Small areas of rock outcrop and soils less than 20 inches to bedrock
are interspersed within some of the upland soil groupings.
6.5 Land Use
At the time the Second Broad River Work Plan was developed (1975), land
use was 66 percent forest land, 12 percent cropland, 10 percent grassland,
and 12 percent other land. Land use has not changed significantly since that
time.
6.6 Floodwater
Flooding damages to crop and pastureland result from scouring, deposition of
sediment, and direct damages to crops during the growing season. Flooding
also damages roads, bridges, and other fixed improvements.
The majority of agricultural damages result from small frequent floods,
especially during the growing season, while damages to roads, bridges, and
1 fixed improvements result from the larger, less frequent floods.
Flooding continues to be a significant problem on Catheys Creek, downstream
of the Structure No. 2 site. Although Structure Nos. 4 and 13 are
operational, they provide control of only 48 percent of the planned controlled
drainage area.
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t 6.7 Erosion and Sedimentation
Land treatment measures planned in the original watershed work plan have
been installed. In addition, the on-going program and provisions of the 1985
Farm Bill have been effective in addressing erosion on agricultural land. Sheet
and rill erosion from agricultural land is not a significant resource problem in
the watershed.

7.0 EXISTING RESOURCES
7
1 S
treams
.
Second Broad River originates in the southern part of McDowell County and
flows in a southeasterly direction through Rutherford County. It empties into
the Broad River near the Rutherford - Cleveland County line. Principal
tributaries are Camp Creek, Little Camp Creek, Cane Creek, Robinson Creek,
and Catheys Creek.
Flow in the main tributaries is perennial, while flow in smaller headwater
streams may be intermittent. Flow is usually lowest during the summer and
early fall when extended periods of dry weather most frequently occur.
Headwater streams generally have a cobble and gravel substrata, while
streams with a more gentle gradient may have significant amount of sand.
Flood plain scour may also introduce finer particles to the stream system

I during flood events.
7.2 Wetlands
fi
ned by the Federal Manual for
Approximately 4.5 acres of wetlands, as de
Identifying and Delineating Jurisdictional Wetlands are located in the
permanent pool area of Structure No. 2. The U.S. Army Corps of Engineers
and the U.S. Fish and Wildlife Service have concurred in the wetland
delineation. The wetlands are located along minor drains and seepage areas
and are vegetated with woody vegetation of less than 10 years in age and a
mixture of herbaceous vegetation. The areas were at one time in pasture, but
have been abandoned.

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1 7.3 Fisheries Resources
Second Broad River supports a relatively diverse fishery, and includes game
fish species such as Redbreast Sunfish, Smallmouth Bass, and Bluegill. Also
found are several species of minnows, shiners, and chubs. The Margined
Madtom, White Sucker, and Fantail Darter may also be present. Larger
tributaries may support most species except the game fish while smaller

j tributaries, especially in the headwaters, offer only limited fishery habitat.
The smaller streams contain only minnows, shiners, chubs, and darters.
Shallow water and low flow limit most of the smaller streams.
4 Wildlif
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Wildlife habitat in the watershed is provided by forest land, grassland, and
cropland. Forest land is composed of Virginia and shortleaf pine, with
occasional loblolly pine stands, as well as a mixture of hardwood types.
Hardwoods include various oak species, maple, hickory, yellow poplar, black
walnut, dogwood, and beech. Willows, river birch, and alder are found in
riparian areas.
Grassland, primarily fescue and native grasses provides limited wildlife habitat,
primarily around field borders in the transitional areas to other habitat types.
Cropland provides limited habitat for small game. Field edges, especially
those adjoining forest land provides the best habitat. Crop residue and
wasted grain provides some food following harvest.
The Structure No. 2 work area is 10 percent pasture and 90 percent idle.
The area provides limited habitat to small mammals, reptiles, and amphibians.
Birds utilize weed seeds and insects as food sources and nest in the thick
cover of early successional woody vegetation.
7.5 Endangered Species
Federally listed, endangered species for Rutherford County, North Carolina,
include the following: Indiana Bat (Mvotis sodalis), Peregrine Falcon (Falco
peregrinus), White Irisette (Sisyrinchium dichotonum), and Dwarf-flowered
Heartleaf (Hexastylis naniflora).

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The North Carolina Natural Heritage Program Data Base does not contain any
records of rare, threatened, on endangered species in the vicinity of Structure
No. 2, nor are there records of any noteworthy ecosystems or significant
natural areas in the project vicinity.
No impact to the Indiana Bat or Peregrine Falcon is anticipated as a result of
project activities.
In consultation with the U.S. Fish and Wildlife Service, it was decided that an
on-ground survey would be conducted to determine the presence of the two
plant species or their suitable habitat.
A field survey was conducted by a botanist who examined the project area.
Neither listed species was located and suitable habitat for Sisyrinchium
dichotonum was determined to be absent from the project area. It was
concluded that the possibility of either plant species occurring in the project
t area is extremely remote.
7.6 Cultural Resources
As a part of the EIS develop in 1975, a thorough investigation of
archaeological and historic resources was completed. A survey of the areas
which would be impacted by project measures was completed by the N.C.
Department of Art, Culture, and History. One site, Rf-86, is near the pool
area of Structure No. 2. The site was aboriginal in context.
7.7 Water Quality
Water quality of headwaters streams is generally good, with the main
pollutants being sediment and some agricultural chemicals and nutrients.
There are no known point sources of pollution upstream of Structure No. 2.
Agricultural pollutants, including sediment have been reduced by conservation
measures installed to reduce soil erosion.
1 8.0 ALTERNATIVES
Alternatives considered in the 1975 Work Plan included no project, which served
as the basis for comparison; an accelerated land treatment program; a combination
of dikes, pumps, and land treatment; channel work with land treatment; and land
treatment, two multi-purpose structures, and 10 single-purpose floodwater-
retarding structures. The latter was selected as the recommended plan.
14

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Structure No. 2 is an integral part of the overall plan. Structure No. 2 conirurs a
drainage area of 6.74 square miles, or approximately 15 percent of the total
controlled drainage area:
9.0 DESCRIPTION OF STRUCTURE NO. 2
Structure No. 2, located on Catheys Creek, will consist of a a compacted earth fill
dam with a 36-inch reinforced concrete pipe through the dam. A reinforced
concrete riser will control the sediment pool elevation (1014.5 feet MSQ. An
emergency spillway at an elevation of 1034.5 feet MSL protects the dam from
overtopping. The sediment pool will have a surface area of 41 acres, while the
flood pool will have surface area of 151 acres.
10.0 ENVIRONMENTAL IMPACTS
10.1 Streams
Harris Creek and Catheys Creek will be impacted by Structure No. 2.
Approximately 7,000 feet of stream will be inundated by the sediment pool
of Structure No. 2. Downstream effects will include a reduction of sediment
being deposited from upstream sources and a moderation of flow. ?4;1ow ,
flow devise will 'be installed as part of'the structu?? i4o insure -minimal flows.
This will enhance flow during dry summer periods and other periods of low
rainfall. Additionally, by reducing peak flows, scouring of flood plain lands
and resulting sedimentation will be reduced.
10.2 Wetlands
¦ Approximately 4.5 acres of wetlands will`te 1nid datbd as the resuft-of-,Y
Suture No. 2. Wigation of this loss will be,_ accomplished in :Gonsultavon
j with the U.S. Fish and Wildlife Service. The mitigation for wetland"169s will
include the creation of wetland habitat in the floodpooi area. Apprdklmately
6.0 acres of suitable area have been identified where shallow water area
?9_ be creaited. Annual fluctuation of water levels during wet/dry cycles will
simulate natural conditions and will support hydrophytic vegetation. .dy
?ati+an :will, be pTS to Oa sure- esteblisJrarettt. liter s.taton:
qie
' w Mowed to sh naturally:

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10.3 Fisheries Resources
Approximately 41 acres of lacustrine fisheries wyiU-°be-cr ate-•<by the
Construction of Structure No. 2. Appropriately 7,000 feet of marginal
stream fishery habitat will be lost. Downstre,effec•ts-on`stream fishery
habitat will be positive. Sediment delivered to downstream areas will be
reduced and the scour of the downstream flood plain will also be reduced.
These factors should improve and protect downstream areas from the
adverse impacts of sediment. The minimum low flow provided by the
structure will help maintain flow during prolonged dry periods. The effect of
low flow provided by the structure will tend to improve habitat conditions,
however, the effect will not improve habitat conditions significantly.
10.4 Wildlife Habitat
The most significant effect will be the conversion of 41 acres of terrestrial
habitat to aquatic habitat. This loss will be offset by the edge habitat
created around the perimeter of the sediment pool and the wetland
mitigation areas. In addition, the fringe area around the sediment pool will
¦ add diversity to the plant species present as a result of increased moisture.
This area will be utilized heavily by reptiles, amphibians, small mammals, and
birds. Typically, the lush vegetation found in fringe areas provides excellent
escape and nesting cover for selected species.
10.5 Endangered Species
There will be no adverse impacts to any threatened or endangered species as
a result of the construction and operation of Structure No. 2.
10.6 Cultural Resources
Archaeological site Rf-86, located near the pool of Structure No. 2, will not
be affected by the construction or operation of Structure No. 2. No other
known archaeologically or historically significant sites will be impacted. If,
during construction, any unidentified cultural resources are encountered,
steps to protect the sites will be conducted in accordance with SCS General
Manual 420, Part 401. In addition, the State Historic Preservation Officer
will be notified.

1 16

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10.7 Water Quality
There will be a slight increase in turbidity of water during construction,
however, all practical means will be used to minimize any impacts to water
quality. Long term effects on water quality will be a reduction of sediment
and associated pesticides and nutrients moving downstream. there may be a
slight increase in water temperature immediately downstream of the
structure, however, there is no anticipated adverse impact to the stream
ecosystem.
11.0 CONSULTATION AND PUBLIC PARTICIPATION
During the application and planning stage of the Second Broad River Watershed
Plan (1965-1975), interested agencies and individuals were consulted and
participated in the planning process. Public meetings were held to solicit input
during the planning process. A Draft EIS was developed in 1971 and was
reviewed by agencies and the public. Revisions to the Draft EIS were incorporated
into the Final EIS (1975).
Since 1975, several meetings have been held with the project Sponsors and others
to update project plans. The U.S. Fish and Wildlife Service made a site visit to the
Structure No. 2 site to make a review of impacted wetlands.
12.0 CONCLUSION
Based on this environmental assessment, it is determined that the recommended
plan will not result in significant local, regional, or national impacts on the
environment. No other alternative exists which would achieve a reasonable level of
flood protection at a lesser environmental cost or with a lesser commitment of
resources. Land, capital, and labor resources necessary to install the alternative
will be more than offset by an improvement in the area's environment and
productivity. The project is complimentary to the present and anticipated long term
uses of watershed lands. Therefore, based on the above findings, it is determined
that an environmental impact statement for the Second Broad River Watershed is
not required.
1
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13.1 LIST OF PREPARERS
William H. Farmer, Jr.
Michael J. Hinton
Albert D. Moore
John E. Webb
Assistant State Conservationist, Water Resources
- Water Resources Planning Staff Coodinator
District Conservationist
Agricultural Economist
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LEGEND
FpREST
e hLUUDWAlLR KLIARD1NG SIRUCTURES
® TOWN LIMITS
8 CONTROLLED DRAINAGE AREA
FLOOD POOL
SEDIMENT POOL
Af ROADS
t l WATERSHED BOUNDARY
PROJECT MAP
SECOND BROAD RIVER WATERSHED
MC DOWELL, RUTHERFORD & CLEVELAND COUNTIES
NORTH CAROLINA

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USDA-SCS RALEIGH, N.C. 1992 SCALE - MILES

WWWWWmWwwMFMWM m wwwamm mom
MEMORANDUM PRINT NAMES: -°-
Reviewer • "' /,
TO: John Dorney WO Supv-.:
Planning Branch DATE: 11-21'S3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 93 PERMIT NO: 0000255 COUNTY: RUTHERFORD
APPLICANT NAME: RUTHERFORD - SECOND BROAD R. WATERSHED S
PROJECT-TYPE: DAM PERMIT-TYPE: IND
COE_#: DOT-#:
RCD_FROM _CDA: APP DATE _FRM_CDA: 03/25/93
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: 250 D3or02-
STREAM CLASS : UJS - V
WL_IMPACT?:0Y/N
WL_REQUESTED : ////f
WL_SCORE(#): 44-
HYDRO_CNECT?: Yo
STR_INDEX_NO: rj,_ ///- /3
WL_TYPE:
WL_ACR_EST?:3/N I
WATER IMPACTED BY FILL?: Y/N
MITIGATION?:
?..%/N
MITIGATION_TYPE: ,914A/I MITIGATION-SIZE: ?• /
,POO / AND DIh-112 C>E/.V7Lb
g/o,? ?S`/?1,41/ow ?/LG? IS WETLAND RATING SHEET ATTACHED? : YO
7a 100/ RECOMMENDATION (Circle One): ISSU ISSUE/COND DENY
COMMENTS : A/6 /LVfdDs

ll oc%D ,IA/e- aei2Es 0,ec- ,Ora (eA9
cc: Regional Office
Central Files
Fr.T
WETLANDS GROU110

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Ord County Watershed Commission
ral Building, 121 South Main Street
Rutherfordton, NC 28139
Ph: [phone]
sa-T---,
March 19, 1993

John Dorney
Water Quality Pl
Division of Envi
NC Department of
Natural Resource
P O Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
and
Attached is a 404 Permit Application for Second Broad River Watershed Site
No. 2 in Rutherford County. This application was submitted to the US Army
Corps of Engineers today.
We are sending you a copy of the application to hopefully speed up the
review process on this project.
We appreciate your assistance.
Sincerely,
Z?J?llaleoC?
Eddie Holland, Chairman
Rutherford County Watershed Commission
Attachment
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1992
Puolic reporting ourden for this collection of intormation is estimated to average 5 hours per response for the majority of cases, iriciuaing the time for reviewing
inSifUC:onS, searching existing data sources. gatnenng and maintaining the data needed, and completing and reviewing the collection of information.
Aootications for larger or more complex protects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
other aspect of this collection of information, ux:tuding suggestions for reducing this burden, to Washington Headquarters Services. Directorate for Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs. Office
at Management and Budget. Washington. DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Haroors Act of 1899. Section 404 of the Clean Water Act and
Section 103 of the Marine. Protection, Research and Sancu,anes AcL These laws require permits authorizing activities in or affecting navigaole waters of the
United States. the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
puolic record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the aoplicant and to evaluate the permit application. It necessary information is not provided. the permit application cannot be processed nor
can a permit tie issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be suomitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be retumeM
I.- APPLICATION. NUMBER (To Do _assigned by Cops) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
r. ,
Telephone no. during business hours
2. NAME AND ADDRESS OF APPLICANT
Rutherford County Watershed Commission A/C ( ) (Residence)

Rm. 202 Federal Building A/C( ) (office)

121 S. Main Street Statement of Authorization: I hereby designate and authorize
Rutherfordton, NC 28139 to act in my
Telephone no. during business hours benalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( ) (Residence) SIGNATURE OF APPLICANT DATE
arc ( 704 987-4817 (office)
A. DETAILED OESCRIPTION OF PROPOSED ACTIVtTy
4a. ACTIVM
Construction of floodwater-retarding Structure No. 2, Second Broad River Watershed
.
Structure consists of a compacted earth fill dam with a 36-inch concrete conduit
through the dam. The top of dam elevation is 1043.7 MSL, the crest of emergency
spillway elevation is 1034.5 MSL and the principal spillway elevation is 1014.5 MSL.
Earthfill will be 111,300 cubic yards and excavation will be 144,532 cubic yards.
Permanent pool.surface area will be 41 acres.
40. PURPOSE
The purpose is flood control. Structure No. 2 is an integral part of the Second
Broad River Watershed Plan. Eleven floodwater-retarding structures have been built
to date as part of this plan. Construction is planned for late 1993 and 1994,
depending on the availability of funds.
ac. DISCHARGE OF DREDGED OR FILL MATERIAL
Fill material will be used to construct the earthfill dam. Fill will be transported
by large tracked or rubber-tired equipment. ]here will be 111,300 cubic yards of
earthfill associated with dam construction.
ENG FORM 4345. Aucl 89 EOtTION OF APR 86 LS OeSCA-ETE IPr"uxxK-nt G?cw c"'
Block 5 Continued
LIST OF APPARENT LANDOWNERS
STRUCTURE SITE NO. 2
SECOND BROAD RIVER WATERSHED
RUTHERFORD COUNTY, NORTH CAROLINA
APPARENT PHONE
LANDOWNER NJMEER ADDRESS
Jimmy Edgar Worley
& Donna D. ----- Rt. 1, Box, 396, Union Mills, NC
Donald E. A_oone
& Helton B. 704-287-3857 Rt. 3, Box 146A, Rutherfordton
NC 28139
Allyne Koon 704-286-9661 Rt. 1, Box 410, Union Mills,NC
Woodrow P. Fountain 704-286-9780 Rt 1, Box. 194,
Union Mills, NC
Mrs. Hattie Nanney Church
704-287-5134 Rt. 1 Box 234, Union Mill--,NC
Jerry G. Jaynes ------- Rt. 1, Box 257, Union Mills, NC
28167
George E. Holland
& Louise A. 704-245-7081
401 Morgan St.
Forest City, NC
Mae Nanney Estate
c/o Robert F. Nanney ------
P.O. Box 924, Rutherfordton, NC
H. Charles Steams
& Shirley E. 704-287-5282 Rt 1, Box 397-G, Union Mills, NC
David Nash Byer_ ------ Rt 2, Rutherfordton, NC 28139
Clere A. Powers 704-287-7933 Rt 1, Box 395, Union Mills, NC
Jhue L. Bailey
& Betty ------ Rt 1, box 262, Union Mills, NC 28167
NC Derartment of Transportation (SR 1321) Rt 1, Box169C
Marion, NC 28752
Rutherford Electric--- 202 Hudlow Rd, Forest City, NC 28043
Mrs. :red Nanney ------ Rt 1, Union Mills, NC
Harold D. Medcalf 704-652-3273 736 Baldwin Ave.
Marion, NC 28752
Today you can go to almost any country in the worlo,
and barely realize that you've left Akron, Ohio,
unless of course you are so stupid as to go
outside the hotel.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 19, 1993
Regulatory Branch
Action ID. 199301764 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Edwin Holland
Rutherford County
Watershed Commission
Room 202, Federal Building
121 South Main Street
Rutherfordton, North Carolina 28139
Dear Mr. Holland:
Reference your application of March 17, 1993, for Department of the Army
(DA) authorization to construct a total of 15 small dams for flood contol on
unnamed, headwaters tributaries to the Second Broad River near Union Mills,
-iRutherford and McDowell Counties; North Carolina. The proposed work would
result in the fill or inundation of .9 acre of stream channel area. This work
was previously authorized by DA permit CESAW-C090-D-056 which expired January
13, 1993.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions. The North Carolina Wildlife

-2-
Resources commission has reviewed your proposal and has found that it will not
cause significant effects to waters supporting trout. This NWP does not
relieve you of the responsibility to obtain any required State or local
approval. If you have not already done so, you should contact Mr. John
Dorney, N.C. Division of Environmental Management, at telephone [phone]
regarding state water quality certification for your work.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Steven Lund, Asheville lrield
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
? Joh n Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
t
.r.
z'_
COPY
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Inland 11404" Coordinator
Division of Coastal Management
FROM:
DATE:
SUBJECT:
Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
May 7, 1993
ORIGINAL SIGNED B
STEP CIE E. GOUD .EAU
U.S. Army Corps of Engineers Public Notice
No.199101290, request for permit by the Rutherford
County Watershed Commission to place fill materials
into the waters of Catheys Creek to construct a 41-acre
flood control-impoundment near Union Mills, Rutherford
County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and I conducted a site visit on May 5, 1993 with Mr.
Mike Hinton of the N.C. Division of Soil and Water Conservation,
Ms. Janice Nicholls of the U.S. Fish & Wildlife Service, and Mr.
Steve Lund of the U.S. Army Corps of Engineers. These comments
are provided in accordance with provisions of the Clean Water Act
of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicant proposes to construct a 46-foot high compacted
earth fill dam with a 36-inch concrete conduit on Catheys Creek
just downstream of the confluence with Harris Creek. The
approximate 111,300 cubic yards of fill material required for
construction will be obtained from excavation required for the
dam and spillway. The planned permanent pool will have a surface
area of.41 acres. A 300-foot long section of Catheys Creek will
be filled for construction of the dam and an additional 7,000
linear feet of.stream channel on Catheys and Harris Creeks will
be inundated by the project. Approximately 4.5 acres of wetlands
will also beinundated by the permanent pool. These wetlands
consist primarily;of;alder shrub swamp and wet meadow that has
developed in abandoned pastureland. One wetland area close to
the dam is forested with green ash, red maple, and sycamore. As
compensations for these wetland losses, the applicant proposes to
co
create a total of approximately 6.1 acres of wetland at various
locations around the impoundment. The purpose of this project is
to control flooding of downstream agricultural lands.
Catheys Creek and Harris Creek near the project site have
bankfull widths of 3-5 feet and substrate of small cobble,
gravel, sand, and silt. These streams provide habitat for
nongame fish species such as chubs, shiners, suckers, and
darters: Wildlife habitat includes wetland areas (forested and
meadow), old fields, and pine forest that combined provide fair
habitat for various species of mammals, birds, reptiles,
amphibians, and invertebrates.
The NCWRC does not object to the issuance of this permit,
provided the following modifications are implemented by the
applicant:
1) A minimum flow equal to the 7Q10 should be released below
the dam in Catheys Creek to maintain aquatic habitat in the
stream.
2) In order to compensate more fully for the loss of 2.5 acres
of forested wetlands, the mitigation plan should include
creating/enhancing a more contiguous wetland area than that
described in the application. Therefore the applicant
should pursue rights to enhance the area of approximately
1.5-acre located near the north prong of the temporary pool
near the road. Apparently flooding rights have already been
obtained from the landowner, and it may be possible to get
rights to plant this area with selected wetland tree
species. If the landowner does not agree to this, our
second choice would be to obtain the rights to enhance the
area shown on the map between sites 6D and 6E.
3) Of the three types of wetlands described in the mitigation
proposal included in the application, we recommend that only
the graded wetland areas (type #3) be planted with selected
wetland tree species to create.2.7 acres of forested
wetlands. Other wetland types, such as shallow water
wetlands, can be allowed to vegetate naturally with
herbaceous vegetation (types #1 and #2 for 3.4 acres).
4) We recommend that the applicant choose tree species such as
red maple, sycamore, green ash, and alder to plant on
mitigation sites described above to replace those lost. In
addition, other mast-producing wetland tree species may be
selected to maximize value of the wetlands to wildlife.
5) The applicant should prepare a wetland monitoring plan
acceptable to the NCWRC and U.S. Fish & Wildlife Service so
that success of wetland creation/enhancement can be
evaluated. In addition, provisions should be made for
replacement of wetland trees not surviving for a specific
time period following planting.
E
In summary, the NCWRC recommends the creation/enhancement of
approximately 4.1 acres of forested wetlands (see recommendations
1 and 2 above). Approximately 3.4 acres of additional wetlands
will be created as a by-product of the impoundment and will be
allowed to vegetate naturally.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Jack Mason, District 8 Wildlife Biologist
Ms. Janice Nicholls, USFWS, Asheville
Mr. Steve Lund, COE, Asheville
Mr. John Dorney, DEM
r E
s
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
May 20, 1993
[D FE F1
MAY 2 61993
In keeping with your request, this office has circulated to
interested state review agencies U. S. Army Corps of Engineers
Public Notice Action ID No. 199101290 dated April 8, 1993 which
describes a project proposed by the Rutherford County Watershed
Commission of Rutherfordton. The project, involving wetland fill
during construction of a flood control impoundment, is located on
Cathey's Creek, west of Union Mills, in Rutherford County.
Based on a coordinated agency review, the-state interposes no
objection to the project. Responding agencies are, however,
requesting flow controls and wetland mitigation. Agency comments
follow:
Division of Environmental Management - issued the required
Section 401 Water Quality Certification on May 11, 1993.
Certification No. 2827 provides standard turbidity control;
Wildlife Resources Commission - provided a memorandum of
approval dated May 7. Such memorandum was apparently
forwarded to your Asheville office but is attached for
your information. The five recommendations included in
the memorandum appear reasonable and are supported by
this viewpoint position. (see attached);
Division of Land Resources - on April 26 found that a
sedimentation and erosion control plan is required and
that same must be submitted by the applicant along with
the appropriate fees prior to project initiation. The
plan must outline measures that will minimize sedimenta-
tion of Cathey's Creek. It is requested that the appli-
cant be notified of this requirement;
Division of Water Resources - as did the Wildlife Commis-
sion, placed emphasis on the need for downstream release
The agency recommended that the minimum release from
this proposed dam be equal to the 7Q10 flow or inflow,
whichever is less.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunffy Affirmative Action Employer 50% recycled/ 10% post-consumer paper
r f?
Dr. G. Wayne Wright
Page 2
May 20, 1993
A calibrated staff gage indicating the water elevation
corresponding to the recommended minimum flow should be
installed and maintained in an easily viewed location of
Cathey's Creek just downstream of the dam. Installation
should follow.U. S. Geological Survey procedures to assure
an accurate measurement of stage versus discharge The
calibration of this gage should be verified at least every
two years. All initial calibration and re-calibration
measurement should be provided to this Division within 30
days of data collection.
Division of Archives & History - it is noted for the record
that in a May 14 memorandum that agency requested more
information on site location. Of course, this office has
no additional information to provide. It is recommended
that the request of Archives and History be covered by your
Asheville office.
Should you require additional input from the state on this
matter, do not hesitate to contact this office or the responding
agencies.
ery\sincerely,
Jo R. Parker, Jr.
Inland 1404 Coordinator
JRP:jr/aw
cc: Division
Wildlife
Division
Division
Division
COE-Ashe
of Enviromental Management V
Resources Commission
of Land Resources
of Water Resources
of Archives & History
ville
Enclosure