19930649 Ver 1_Complete File_19930729

MACK BROWN, INC.
HWY. 421 EAST P.O. BOX 488
B OO N E, N.C. 28607
P H O N E 264-9051 or 264-9053
October 20, 1993
Mr. John R. Dorney
State of North CArolina
Department of Environment, Health and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
RE: DEM Project 493649, COE Project # 199303908
Watauga County
BUICK
0
V TRUCKS

p 1 M R 0 V IS
OCT 22 1993 r9
On receiving your letter of August 18, 1993, I did not realize that I
was to respond( with a letter.
I am doing what was requested to do in your previous letter. I have been
planting trees, but I am on hold in finishing the project because of dry weather.
We are very much in need of rain.
If there be a problem please call me at 704-264-9051 or if you have any
question that need to be discussed on this matter.
Sincerely,
Mack D. Brown
State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -N
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary L--.> F= H N R
A. Preston Howard, Jr., RE., Director
October 8, 1993
Mr. Mack Brown
P.O. Box 488
Boone, N.C. 28607
Dear Mr. Brown:
DEM Project # 93649, COE Project # 199303908
Watauga County
On 28 July 1993, you requested a 401 Water Quality
Certification from the Division of Environmental Management for
your project (to fill 0.5 acres of wetlands for hay fields)
located at Wilson's Ridge and Bamboo Roads in Watauga County. We
wrote to you on 18 August discussing concerns that we have
regarding the design of the project and placing it on hold until
those concerns are addressed. As of today, we have not received
a response to our earlier letter. Unless we receive a written
response from you by 29 October 1993, we will consider that you
have withdrawn this application and are not interested in
pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or
would like to discuss this matter.
Sincerely,
Joh REpnd ney
Wet ans aTech cal Review Group
93649.wtd
cc: Winston-Salem DEM Regional Office
Wilmington District Corps of Engineers
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [D E H N F=1
A, Preston Howard, Jr., RE., Director
August 23, 1993
Mack Brown
P.O. Box 488
Boone, N.C. 28607
Project # 93649
Dear Mr. Brown:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 0.5 acres of
wetlands at Wilson's Ridge and Bamboo Roads in Watauga County for
hayfield expansion. Based on this review, we have identified
significant uses which would be removed by this project. These
uses are water storage, bank stabilization and pollutant removal.
Furthermore, insufficient evidence is present in our files to
conclude that your project must be built in wetlands. Therefore,
we are moving toward denial of your 401 Certification. Until we
receive additional information, we are requesting (by copy of
this letter) that the U.S. Army Corps of Engineers and/or the
N.C. Division of Coastal Management place your project on
administrative hold.
Please provide us with information supporting your position
that your project must be constructed as planned. Specifically
can you construct your hayfield on nearby uplands or prior
converted farmland? Any documentation such as maps and narrative
which you can supply to address upland alternatives may be
helpful in our review of your 401 Certification. Please respond
within two weeks of the date of this letter by sending a copy of
this information to me and one copy to our Mr. Ron Linville at
the Winston-Salem Regional Office at 8025 North Point Boulvevard,
Suite 100 Winston-Salem N.C. 27106.
Sincerely,
a ,. ohn R. Dorney
etlands and Tec ical Review Group
93649na
cc: Winston-Salem DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Asheville Field Office COE
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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 14, 1993
Regulatory Branch
SEP 2 1 1993.
WETLANDS GROUP
WATER U SECTION
Action ID. 199303908 and Nationwide'Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Mack Brown
Box 488
Boone, North Carolina 28607
Dear Mr. Brown:
Reference your July 21, 1993 pre-discharge application for Department of
the Army (DA) authorization to fill approximately 0.5 acres of wetlands
adjacent to the headwaters of Mutton Creek, at the intersection of Bamboo Road
and Wilson Ridge Road, near Boone, in Watauga County, North Carolina. The
application includes 0.1 acres of wetlands already filled without DA
authorization, and an additional 0.4 acre wetland area not yet filled. In
connection with the fill, you also cleared a 1,500 foot riparian area adjacent
to Mutton Creek. It is our understanding that your purpose for this project
is to convert the wetlands area to hayland.
Your submission of the above application followed several site meetings
with Mr. Steve Chapin of my Asheville regulatory staff. As Mr. Chapin
explained to you during the first of these meetings, your work should have
been authorized by a DA Section 404 permit prior to starting work. In
addition, the use of any DA nationwide permits in Western North Carolina. trout
waters must be preceeded by a review by the North Carolina Wildlife Resources
Commission (WRC).
Your July 21 pre-discharge notification for.the above 0.5 acre wetland
fill has been reviewed by the Wildlife Resources Commision. They indicate in
a August 10, 1993 letter (copy enclosed), that Mutton Creek serves as an
important nursery stream for wild brown trout, and that the proposed filling
of adjacent riparian wetlands has and would further degrade instream fish
habitat. The WRC recommended that your work not be authorized.
In view of the WRC position, and in order to avoid the Corps of Engineers
taking discretionary authority over this project and requiring you to apply
for an individual DA permit, it is my understanding you have decided to
withdraw your application for the additional 0.4 acre fill. Further, I
understand you propose to take additional measures (listed below) to prevent
further effects on Mutton Creek trout waters:
a. Establish a 10 foot vegetated buffer strip on both sides of Mutton
Creek. This will partially be done with the planting, at intervals, of red
maple, rhododendron, and various other native tree seedlings. You and Mr.
Steve Chapin, of my staff, established this zone with pink flagging.
Y
-2-
b. Seed the bare banks of the creek immediately with herbaceous
vegetation.
c. Fill the new ditch to ground elevation that was excavated through
wetland No.l (see sketch) and remove earthen material that was pushed into the
edges of this wetland.
d. Remove earthen material that was pushed into the edges of wetland No. 2
(see sketch) and allow the flagged area that was cleared at wetland No. 2 to
revegetate naturally.
As you have proposed the above, the WRC has informed us they have no
objection to your retaining the 0.1 acre fill in wetland area No. 3. In order
to record this, we are authorizing this work in accordance with nationwide
permit 26.
For the purposes of the 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. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone],'regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12.months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.

-3-
Your compliance with our regulatory requirements is appreciated. Questions
or comments may be addressed to Mr. Steve Chapin, Asheville Field Office,
Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Zff'." John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. Stephanie Goudreau
NC Wildlife Resources Commission
320 South Garden Street
Marion, North Carolina 28752
I I- n'
3
F
UUI AUG 3 0 1993
?A
. - ® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Enginee. s
FROM: Dennis L. Stewart, Manager at4? 1-4ta4?
Habitat Conservation Program
DATE: August 25, 1993
SUBJECT: Second response to application for 404 permit submitted
by Mr. Mack Brown to fill wetlands associated with
Mutton Creek off Bamboo Road near Boone, Watauga County
Mr. Mack Brown is requesting a letter of concurrence from
the North Carolina Wildlife Resources Commission (NCWRC) to
obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC previously commented on this project in a memorandum to you
dated August 10, 1993. 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).
As you know, the NCWRC recommended that this permit not be
issued based on adverse impacts to trout resources in Mutton
Creek. Since the original application, the applicant has reduced
wetland fill from 0.5 acre to 0.1 acre.. Wetland #3 is the only
wetland that will be filled; Wetlands #1 and #2 will be restored
to pre-project conditions. The applicant also proposes to
establish and protect a 10-foot wide vegetated buffer zone on
both sides of Mutton Creek for bank stabilization. The applicant
has already planted herbaceous vegetation in the buffer zone and
also proposes to plant red maple and rhododendron within the
....zone.
The NCWRC does not object to the revised permit application,
provided the following conditions are implemented:
1) Wetland #1 should be restored to.pre-project conditions by
eliminating the new ditch, smoothing disturbed contours, and
allowing alder to recolonize the disturbed portion.

2) Wetland #2 should be restored to pre-project conditions by
removing recent fill, smoothing disturbed contours, and
allowing alder to recolonize the disturbed portion. The old
ditch can be left undisturbed.
3) A 19-foot wide vegetated buffer zone should be established
on both sides of Mutton Creek which should not be disturbed
by farming. Native woody vegetation should also be planted
in the buffer zone just on top of the stream banks. The
NCWRC does not object to planting red maple and rhododendron
provided recommendations listed below are implemented.
4) Red maples should be spaced not more than 20 feet apart on
both sides of the stream and staggered so that trees are not
directly across from each other. Rhododendron should be
planted between trees.
5) Red maples should be 1-year old seedlings with root collar
diameters of 1/4-inch or greater. Trees should be planted
while dormant, usually within the time period of January-
March. Trees and rhododendron that do not survive after one
year should be replaced.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact Ms. Stephanie Goudreau at 704/652-4257.
CC: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator
Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, District 7 Wildlife Biologist
Ar. John Dorney, DEM
Mr. Ron Linville, DEM, Winston-Salem
Mr. Mack Brown, P. O. Box 488, Boone, NC 28607
?t
7
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Winston-Salem Regional Office
Water Quality Section
August 13, 1993
M E M O R A N D U M
To: John Dorney
Wetlands Group
THROUGH: Steve Mauney /' ,
FROM: Mike Mickey OK
SUBJECT: 401 Certification Review
Permit No. 0000649
Mack Brown Property
Watauga County
A site inspection for the above 401 Certification was
performed on August 10, 1993, by Mr. Mike Mickey and Mr. Ron
Linville of WSRO and Mr. Joe Mickey with the WRC. Observations at
the site revealed that approximately 1,500 ft. of Mutton Creek and
0.5 acres of adjacent wetlands have been severely impacted by
bulldozer activity. The three wetlands had been ditched with most
or all vegetation removed. All stream side vegetation (Adler)
along the creek had been stripped and the stream bottom altered
(See attached photograph). WRC electro-shocking revealed healthy
Brown Trout populations immediately upstream of the affected area,
with only young of year trout present on the Brown site.
WSRO recommends that the 401 Certification be denied. In
addition we concur with the WRC restoration recommendations (See
attached memo).
Please give me a call if you have any questions.
cc: Central Files
WSRO
M
. T
MEMORANDUM PRINT NAMES:
Reviewer: TO: John Dorney WQ Supv.: St?ri? N
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR:' 93 PERMIT NO: 0000649 COUNTY: WATAUGA
APPLICANT NAME: MACK BROWN
PROJECT-TYPE: AGRICULTURAL FIELD PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE _FRM_CDA: 07/28/93
REG_OFFICE: WSRO RIVER AND SUB BASIN
-?co,,
STREAM-CLASS:
WL_IMPACT?:?&N
WL_REQUESTED: b,?s,cse?a
WL_SCORE ( # ) :
HYDRO_CNECT?:?N
MITI GATION-TYPE:
STR_INDEX_NO:?Q-\_(o
WL_TYPE : ?cv%,*,* ,
WL_ACR_EST?: &N
WATER IMPACTED BY FILL?:( 'N
MITIGATION?: Q'N
MITIGATION-SIZE: ?5 ?V?Syey
IS WETLAND RATING SHEET ATTACHED?: &N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DEN
COMMENTS : Z
cc: Regional Office
Central Files
A

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•
•
•
•
•
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Project name Ic ow N Nearest road IPAS? 00 0.& ASR ?? ?yl
Co.nt N\-, Wetland area acres Wetland width feet
Name of evaluator Date
Hydrologically Isolated
Wetland type (select one) ? Other «a? LNEr,NSL
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen
? Pine savannah ? Ephemeral wetland
? Wet flat •

The rating system cannot be applied to salt marshes. •
.
sum
Water storage ?:>:<:::>:: •
Bank/Shoreline stabilization _ V\ _ ` "<>`><` r:'
:.:::::.::.::::.::.::•: x 4.00 =
>< •

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1
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Special ecological attributes r?????????`<?`"???: ?"?
•
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Aquatic life value •

Recreation/Education { < ''> •

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RECEIVED
N.C. Dept. of EHNR
AU G 13 1993
Winston-Salem
Regional Office
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 276044188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Richard B. Hamilton A.oyrLGQf9rt
Assistant Director
DATE: August 10, 1993
SUBJECT: Review of application for 404 permit submitted by
Mr. Mack Brown to fill 0.5 acre of wetlands
associated with Mutton Creek off Bamboo Road near
Boone, Watauga County
Mr. Mack Brown is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission
(NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers. Staff field biologists of the NCWRC conducted a
site visit on July 27, 1993 and returned on August 10, 1993
to sample the fish population in Mutton Creek. 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 is requesting a 404 permit to fill three
wetlands totalling 0.5 acre that are associated with Mutton
Creek. All three wetlands have recently been disturbed
without benefit of a permit, making this partially an after-
the-fact request. Wetland 13 has been completely filled and
all vegetation removed. A new ditch has been constructed
leading from Wetland 11 to Mutton Creek, and both Wetlands
11 and 12 have been encroached upon by fill. In addition,
all vegetation, including a thick canopy of alder, was
recently stripped from the banks of Mutton Creek and the
stream channel itself disturbed where it flows through the
applicant's hay field, a distance of approximately 0.3 mile.
The purpose of the work is to gain more area to plant hay or
graze cattle.
Fish sampling revealed that Mutton Creek serves as a
nursery stream for wild brown trout in the project area.
Two young-of-year specimens were collected from the stream
in the disturbed section, while three specimens ranging from
7-10 inches in length were collected approximately 20 feet
upstream of the disturbed section where adequate cover and
habitat still exists. other species collected in Mutton
Creek include blacknose dace, mottled sculpin, fantail
darter, stoneroller, and bluehead chub.
Loss of woody riparian vegetation and disturbance of
the stream channel has degraded trout habitat in Mutton
Creek. Woody vegetation (trees and shrubs) along a stream
provides stability to stream banks that prevents erosion and.
sedimentation, shade that prevents water temperatures from
becoming too hot to support trout, and nutrient inputs in
the form of leaves and twigs. Habitat diversity has been
adversely impacted by work in the stream; the stream through
the field resembles one long, shallow run rather than
containing pools for trout and riffles for fish food
production. Wetlands associated with streams provide
wildlife habitat for many species of mammals, birds,
reptiles, and amphibians. In addition, wetlands filter
sediment and other pollutants from runoff flowing across
nearby roadways and farmed fields before runoff enters
streams.
The NCWRC is concerned that this project has degraded
trout habitat; therefore, we recommend that this permit not
be issued and that the following steps be taken to restore
trout habitat and wetlands at the project site:
1) A 25-foot wide vegetated buffer zone should be
established on both sides of Mutton Creek which should
not be disturbed by farming. Permanent herbaceous
vegetation should be-planted immediately in this zone,
and all bare soil should be covered with mulch. Native
woody vegetation such as alder or black willow should
also be planted in the buffer zone just on top of the
stream banks with spacing of approximately one tree
every 8 feet.
2) Habitat diversity in the disturbed section of stream
should be restored by constructing vortex weirs in the
stream channel. Vortex weirs create areas of fast
water that scour out pools. This work should be done
under the direction of the NCWRC; contact is Mr. Joe
Mickey, District 7 Fisheries Biologist (919/366-2982).
3) If the field will be used to graze cattle, the stream
should be protected from further degradation by either
fencing cattle out of the stream completely and using
springs on site as a watering source or by establishing
a single access area on the stream for watering and
s
r `
crossing. The applicant should contact the local U.S.
Soil conservation service office for information on
cost sharing opportunities and assistance in planning
the construction of such a crossing if cattle will be
placed in the field.
4) The new ditch in Wetland 11 should be eliminated,
disturbed contours smoothed, and additional alder
planted on the disturbed portion.
5) Fill should be pulled out of Wetland 12, contours
smoothed, and additional alder planted on the disturbed
portion. The old ditch can be left undisturbed.
6) Wetland #3 should be fully restored to pre-project
conditions by grading the site to original contours and
planting alder on the site.
During our August 10, 1993 site visit, the applicant
indicated that he planned to install a double line of
corrugated metal pipes in the stream at the project site.
We are unsure if this activity is covered under this permit
application or if another application will be forthcoming.
To expedite the permit process, we offer the following
recommendation regarding the installation of pipes:
It is our opinion that one pipe of the size obtained by
the applicant is sufficient to carry the flow of Mutton
Creek. Installing two pipes will result in a widened
channel and an area of deposition at the stream
crossing. If the applicant must use two pipes, one
should be buried 12 inches into the stream bottom and
be placed so that it carries all normal stream flow.
The other pipe should not be buried, and it should be
placed so that water flows through the pipe only during
high flows.
Thank you for the opportunity to review and comment on
this project. If you have any questions regarding these
comments, please contact Ms. Stephanie Goudreau at 704/652-
4257.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator
Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, District 7 Wildlife Biologist
Mr. John Dorney, DEM
Mr. Ron Linville, DEM, Winston-Salem
Mr. Mack Brown, P. O. Box 488, Boone, NC 28607

416-
DEM ID: AC40N ID
Nationwide Permit Requested (Provide Nationwide`Penmit,'#): ;" t. "r A ??'' ,r. e+l, ,,r.' 'aP °. +'"ft ? ", ? ?
1F.
JOINT FORM FOR
Nationwide permits that require notification to the.
tvutinnwide permits that require application for Sect
Mac A- brown
PLEASE -PRINT.
?1. Owners Name:

?2. Owners Address:
?3. Owners Phone Number (Home): 44 -9-'ke S6 2) E. I (Work): .?
?4. If Applicable: Agent's name or responsi le corporate official; address, phone number
f,
? 5. Location of work (MUST ATTACH MAP). County: kJa'?Zt
Nearest Zbwn or City: .Roam
Specific Location (I_nccll-u-d?e road _numbers, rlandmarks, etc.)): )
..J-.I1?S9,CZ7. yn W 1 ! Cai1 ?S I? ?QGl `R?, g" .49w?H 60• AW.
?6. Name of Closest Stream/Myer: 1?'1 y + t n Cr.
7. River Basin:
? 9. Have any Section 404 permits been previously requested for use on this property?
YES [ ] NO E!j---
If yes, explain.
0. Estimated total number of acres of waters of the U.S., including wetlands, located on project site
? 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: as aC .
Drained:
Flooded:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [ ]
Excavated: O.,S' ?z c..
Total Impacted: D. S- C
Vv? ?Mper?n'l"i ..
be h4nd dro-w n
? 12. Description of proposed work (Attach PLANS-8 la! X 11 " draw;.as only):; Glees rL ;/?• "/ J,:?,
/nt -/ e'r he
? 13. Purpose of proposed work:- /nbt-d''
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, now measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Mature Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species orcritical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [ . ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FOItWARDED•TO,.CORPS.
16. You are required to-contact the State Historic Preservation Officer (SHPO) re garding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
?deli?teatien-r?aap-shewang alla??tlaiids,strear?u,?nd_lakes_?n the n?o?y '
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If
what is proposed method of sewage disposal?
? 7-. 2-
Owner's ignature OA AOTMORiZEO AGENT- Date
.y
I
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W?'

Scale 1:150,000
Inch represents 2.4 miles

e

-194

19 1

5 MARE
Contour interval
200 feet (61 meters)
V
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Lo,j 1 21993
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Richard B. Hamilton Oat" A.
Assistant Director
DATE: August 10, 1993
SUBJECT: Review of application for 404 permit submitted by
Mr. Mack Brown to fill 0.5 acre of wetlands
associated with Mutton Creek off Bamboo Road near
Boone, Watauga County
Mr. Mack Brown is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission
(NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers. Staff field biologists of the NCWRC conducted a
site visit on July 27, 1993 and returned on August 10, 1993
to sample the fish population in Mutton Creek. 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 is requesting a 404 permit to fill three
wetlands totalling 0.5 acre that are associated with Mutton
Creek. All three wetlands have recently been disturbed
without benefit of a permit, making this partially an after-
the-fact request. Wetland #3 has been completely filled and
all vegetation removed. A new ditch has been constructed
leading from Wetland #1 to Mutton Creek, and both Wetlands
#1 and #2 have been encroached upon by fill. In addition,
all vegetation, including a thick canopy of alder, was
recently stripped from the banks of Mutton Creek and the
stream channel itself disturbed where it flows through the
applicant's hay field, a distance of approximately 0.3 mile.
The purpose of the work is to gain more area to plant hay or
graze cattle.
Fish sampling revealed that Mutton Creek serves as a
nursery stream for wild brown trout in the project area.
Two young-of-year specimens were collected from the stream
in the disturbed section, while three specimens ranging from
7-10 inches in length were collected approximately 20 feet
upstream of the disturbed section where adequate cover and
habitat still exists. other species collected in Mutton
Creek include blacknose dace, mottled sculpin, fantail
darter, stoneroller, and bluehead chub.
Loss of woody riparian vegetation and disturbance of
the stream channel has degraded trout habitat in Mutton
Creek. Woody vegetation (trees and shrubs) along a stream
provides stability to stream banks that prevents erosion and
sedimentation, shade that prevents water temperatures from
becoming too hot to support trout, and nutrient inputs in
the form of leaves and twigs. Habitat diversity has been
adversely impacted by work in the stream; the stream through
the field resembles one long, shallow run rather than
containing pools for trout and riffles for fish food
production. Wetlands associated with streams provide
wildlife habitat for many species of mammals, birds,
reptiles, and amphibians. In addition, wetlands filter
sediment and other pollutants from runoff flowing across
nearby roadways and farmed fields before runoff enters
streams.
The NCWRC is concerned that this project has degraded
trout habitat; therefore, we recommend that this permit not
be issued and that the following steps be taken to restore
trout habitat and wetlands at the project site:
1) A 25-foot wide vegetated buffer zone should be
established on both sides of Mutton Creek which should
not be disturbed by farming. Permanent herbaceous
vegetation should be planted immediately in this zone,
and all bare soil should be covered with mulch. Native
woody vegetation such as alder or black willow should
also be planted in the buffer zone just on top of the
stream banks with spacing of approximately one tree
every 8 feet.
2) Habitat diversity in the disturbed section of stream
should be restored by constructing vortex weirs in the
stream channel. Vortex weirs create areas of fast
water that scour out pools. This work should be done
under the direction of the NCWRC; contact is Mr. Joe
Mickey, District 7 Fisheries Biologist (9191366-2982).
3) If the field will be used to graze cattle, the stream
should be protected from further degradation by either
fencing cattle out of the stream completely and using
springs on site as a watering source or by establishing
a single access area on the stream for watering and
x? .
crossing. The applicant should contact the local U.S.
Soil Conservation Service office for information on
cost sharing opportunities and assistance in planning
the construction of such a crossing if cattle will be
placed in the field.
4) The new ditch in Wetland #1 should be eliminated,
disturbed contours smoothed, and additional alder
planted on the disturbed portion.
5) Fill should be pulled out of Wetland #2, contours
smoothed, and additional alder planted on the disturbed
portion. The old ditch can be left undisturbed.
6) Wetland #3 should be fully restored to pre-project
conditions by grading the site to original contours and
planting alder on the site.
During our August 10, 1993 site visit, the applicant
indicated that he planned to install a double line of
corrugated metal pipes in the stream at the project site.
We are unsure if this activity is covered under this permit
application or if another application will be forthcoming.
To expedite the permit process, we offer the following
recommendation regarding the installation of pipes:
It is our opinion that one pipe of the size obtained by
the applicant is sufficient to carry the flow of Mutton
Creek. Installing two pipes will result in a widened
channel and an area of deposition at the stream
crossing. If the applicant.must use two pipes, one
should be buried 12 inches into the stream bottom and
be placed so that it carries all normal stream flow.
The other pipe should not be buried, and it should be
placed so that water flows through the pipe only during
high flows.
Thank you for the opportunity to review and comment on
this project. If you have any questions regarding these
comments, please contact Ms. Stephanie Goudreau at 704/652-
4257.
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator
Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, Distr ct 7 Wildlife Biologist
Mr. John Dorney, DEM
Mr. Ron Linville, DEM, Winston-Salem
Mr. Mack Brown, P. O. Box 488, Boone, NC 28607
IMPORTANT
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Messa
N.C. Dept. of Environment, Health, and Natura

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