20060027 Ver 1_COMPLETE FILE_20060104

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Michael F. Easley, Governor
William U. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of WaterQuality
February 24, 2006
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Rich Branch Stabilization
DWQ Project # 06-0027
Buncombe County
V?
MAR 6
2006
ANASTQt YPAL/Ty
Approval of 401 Water Quality Certification with Additional Conditions n`Rft4W,11
Dear Mr. Hilliard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 90 linear feet of streams for the purpose of
stream stabilization at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on January 4, 2006. After
reviewing your application, we have decided these impacts are covered by General
Water Quality Certification Number(s) 3495 (GC3495). The Certification (s) allows you
to use Nationwide Permit(s) 13 / 27 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
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Page 2 of 6
February 24, 2006 +
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are rnet.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Stream 90 (feet) Rich Branch
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained. on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil,, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Kich branch
Page3 of6
February 24, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Should large, angular rock, large woody material, or other natural stream design
materials and techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
Rich Branch
Page 4 of 6
February 24, 2006
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or
other clean diversion structures should be used to minimize excavation in flowing
water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
13. Disturbed stream banks and a 30-foot vegetated zone (as required under the HQW
regulations), or the widest width that is practical under the site conditions, must be
restored along the construction sites to natural riparian conditions with native trees
and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow,
tag alder, black willow, sycamore) to provide long-term bank stability and stream
shading. Note, silky dogwood, silky willow and black willow can. be planted as live
stakes collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank. Trees
should be planted on ten (10) to twelve (12) foot centers. Stream banks in these
areas should also be seeded with a native annual and perennial seed mix with a
temporary nursery crop of wheat, millet or other grain. Replanting of vegetation
within disturbed areas located within 30 feet of the streambank associated with any
land disturbing activity, repair, replacement and/or maintenance must be done in a
manner consistant with the Guidelines for Riparian Buffer Restoration
immediately following construction. (Please see attached.)
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
Rich Branch
Pages of6
February 24, 2006
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
17. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the.
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
Rich Branch
Page 6 of 6
February 24, 2006
r
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
-rv) 44.
Alan W. Klimek, P. E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Brady N. Dodd,
US Forest Service
Post Office Box 2750
Asheville, NC 28802-2750
USACE Asheville. Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David, McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0027.USFS.Rich Branch.Approval
Triage Check List
Date: 1/19/06 Project Name: USFS - Rich Branch Stream Stabilization
DWQ #:06-0027
County: Buncombe
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/17/06 to 3/18/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

United States Forest National Forests in 160A Zillicoa Street
Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
File Code: 2530-3
Date: January 12, 2006
Cyndi Karoly
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC m
27699-1650
Dear Cyndi Karoly:
This letter is to complete the request for Section 401 Water Quality Certification for the
US Forest Service project: DWO # 06-0027 (Rich Branch Stream Stabilization (VWP28).
The attached fee of $200 is intended to complete the application of the project per your
January 5, 2006 letter. Thank you for your patience.
Enclosed are the following documents:
• A check made payable to the Division of Water Quality for $200.00.
If you have any questions, please contact me at 828-257-4214 or [e-mail]
Sincerely,
Brady N. odd
Forest Hydrologist
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WETUnjDS AVD STCRl WAFER BRANCH
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January 5, 2005
DWQ # 06-0027
Buncombe County
CERTIFIED MAIL
US Forest Service
Attn: Brady Dodd
r- n •.
PO Box 2750
Asheville, NC 28802-2750
Subject: US Forest Service: Rich Branch
Application Fee Payment
Mr. Dodd:
On January 4, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application and check
in the amount of $475.00 for a 401 Water Quality Certification in Buncombe County, North Carolina. Please note
that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all
401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and
less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of
streams, the fee is $475. The US Forest Service project reflects perennial stream impact total of 90 linear feet. In
order for DWQ to begin review and process your request, you must send a check in the appropriate amount made
payable to the N.C. Division of Water Quality. Please reference the above DWQ # in all future correspondence.
Your check is being returned for correction of payment amount. The project has been placed on hold pending
receipt of payment.
If you have any questions regarding this letter please do not hesitate to call me at [phone].
Sincerely,
Cyndi Karoly
Enclosure: Check #1362 for $475.00
CBK/lj d
cc: File copy + check copy
Central Files + check copy
06-0027 US Forest Service: Rich Branch (Buncombe) Hold for Fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

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Office Use Only: Form Version May 2002
USACE Action ID No. - DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check her : V Do
II. Applicant Information ?@1. Owner/Applicant Information JAN 4 2006
Name: Marisue Hilliard (Forest Supervisor) DENR - WATER QUALITY
Mailing Address: U.S. Forest Service ?E
National Forests in North Carolina
P.O. Box 2750
Asheville, NC 28802-2750
Telephone Number: 828-257-4200 Fax Number: 828-257-4263
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Brady N. Dodd (Forest Hydrologist)
Company Affiliation:
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4214 Fax Number: 828-257-4263
E-mail Address: bdodd(a,fs.fed.us
i ?
t
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: As a result of the 2004 flood events, two sites of notable
stream bank erosion in Rich Branch developed Site 1 is experiencing erosion along the toe
of a steep side slope. This site has a high risk of slumping in the near future and delivering
proximately 290 yd' of sediment to Rich Branch and Bent Creek. The second site is an
unstable slump adjacent to the channel which has the potential to deliver approximately 10
vd3 of sediment to streams.
10. Describe the overall project in detail, including the type of equipment to be used:-
A tracked excavator will be used at both sites. Site 1: Place 3-feet to 4-feet size boulders at
the toe of the eroded bank/slope with two boulders jutting out into the channel at a 10 - 20%
angle Woody riparian vegetation will be planted behind the boulders and along the entire
stream bank Site 2: A J-hook style rock vane using 2-feet to 3-feet size boulders will be
installed in the channel to direct flow away from the slump. The slump will be planted with
riparian vegetation All disturbed slopes will be covered with biodegradable and certified
weed-free erosion control matting, and all disturbed area will be covered with straw mulch
and seeded.
11. Explain the purpose of the proposed work: Stabilize the streambank; reduce erosion and
sedimentation into the stream; and conduct pre-emptive measures to stabilize two large
sources of sediment.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htty//www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma (linear feet Before Impact (please secif
Site 1 Stream bank 50 Rich Branch 15 Perennial
Stabilization

Site 2 Stream bank
20
Rich Branch
7
Perennial
Stabilization
2 In-stream 20 Rich Branch 7 Perennial
structure

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toi)ozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 90
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
S ~
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://l12o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
7
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Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
NA
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA _
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Z
A plicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
9
a? United States Forest
s F? National Forests in
Department of Service North Carolina
Agriculture
File Code: 1230
Route To: (2500)
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
u2A_?c?_d?nn
Subject: Delegation of Authority
Date: October 12, 2005
To: Brady Dodd
You are hereby delegated the authority to act as my agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for watershed restoration
and improvement projects such as aquatic habitat restoration and enhancement, habitat
restoration, channel stabilization, and channel relocation on the National Forests in North
Carolina. You are authorized to make formal application for all permits to the US Army Corps
of Engineers and the North Carolina Division of Water Quality, provide all necessary
information, and sign all correspondence.
Include this letter as part of all application for Section 404 permits to the US Army Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
A 1 11 U1,
MARISUE HILLIARD
Forest Supervisor
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Rich Branch Stream Stabilization (VWP28)
Site Plan
Background
This project is situated on Rich Branch, a tributary to Bent Creek, which drains into
the French Broad River. As a result of the 2004 flood events, two sites of stream
bank erosion in Rich Branch developed (Figure 1):
i, Unnamed perennial stream
Site 1. 290 cubic yd
of sediment
50' ?TWA.Mehat( sE ,r
??.?5cnaC E±ioSrc+".i
~ Drainage created
om runoff from
Dispersed Camping spersed camps a Site 2. 10 cubic yd of
(0.2 acres) a d groundwater
sediment
fl w
II `?
Current 20'
access
roads s??e J?aR
rgyt? ?a
!.'o?y 478 mss
Not to scale
North
Figure 1. Sketch of current channel where stabilization has been proposed. There are two
channels in this sketch, lite one upstream of site 1 is an unmapped perennial unnamed
stream. The channel between the dispersed camping area and site 2 was created by
drainage from the dispersed camping area. Original sketch by Brady Dodd and modified
by Andrew Breibart.
Site 1 is experiencing erosion along the toe of a steep side slope. This site has a high
risk of slumping in the near future and delivering approximately 290 yd3 of sediment
to Rich Branch and Bent Creek. Site 2 is an unstable slump adjacent to the channel,
which has the potential to deliver approximately 10 yd3 of sediment to the stream.
Planned Work
A tracked excavator will be used for this project. Accesss and staging will be from
the dispersed camping site off of Forest Road 479 (Figure 1). This area has two
access roads from the main road and total compacted area of this site equals about 0.2
1

Typical for Site 2
s
a'
o
voter rock'
(> 36" size) l
E
? p
Constructed Pool ' J-hook Rock Vane
on Alluvial Bed
-Plan View-
. / C
j.
a Thi area tob
Iedwith
stream rock
r ??a?91e
A 1 /3 channel
ban Hui I width
top rock
(> 3T size)
Figure 3. Example of a Rock Vane at site 2 to re-direct runoff away from sloughed banks.
3
Ii. 1 1 -14
1. All equipment shall be cleaned before entering the project area and stream,
so as to reduce the risk of fine grained sediment and oils and grease from
entering the stream.
2. Do not operate on wet soils when they are most susceptible to damage and
erosion.
3. Do not operate heavy equipment on over-hanging stream banks.
4. Do not operate heavy equipment on slopes greater than 15%, unless
approved by a hydrologist or soil scientist.
5. Enter the project area at sites determined by a hydrologist or soil scientist.
E. Install sediment fences to trap potential sediment. Stabilize any disturbed area at
the end of each workday.
F. Re-vegetate exposed soils as soon as possible to take advantage of the loose soil
conditions for seeding.
1. Exposed soil will be covered with straw mulch or biodegradable and
certified weed-free erosion control matting at the end of each workday.
Matting will be secured in place with staples, stakes, or live stakes of trees
where conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground
disturbing activities to provide erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed.
G. Do not move sediment trap devices until the vegetation in the disturbed areas has
been established.
H. Stockpile any side cast on upland sites and contain within sediment fences.
1. Install sand bags or sediment fences around the project area (including sites 1 and
2 and dispersed camp site) to prevent runoff from entering or leaving the project
area.
J. Minimize the number of times required to cross Rich Branch to reach the left
downstream bank.
K. Cross the stream and conduct activities during periods of low flow.
L. Use a highly skilled heavy equipment operator, trained in stream restoration and
construction of in-stream structures. Instruct the operator to minimize disturbance
to the streambed.
M. Conduct visual inspections of Rich Branch while the work is being conducted to
inspect turbidity.
Ilk
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability"with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details)D( lea- H7r=
II. Applicant Information
JAN 4 2006
1. Owner/Applicant Information
DENR -WATER QUALITY
Name: Mari sue Hilliard (Forest Supervisor) 1ArFn euDSJ?t9 ST9f?4nYkfifR-B
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4200 Fax Number: 828-257-4263
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Brady N. Dodd (Forest Hydrologist)
Company Affiliation:
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4214 Fax Number: 828-257-4263
E-mail Address: bdodd ,fs.fed.us
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mMs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: As a result of the 2004 flood events, two sites of notable
stream bank erosion in Rich Branch developed. Site 1 is experiencing erosion along the toe
of a steep side slope. This site has a high risk of slumping in the near future and delivering
approximately 290 yd3 of sediment to Rich Branch and Bent Creek. The second site is an
unstable slump adjacent to the channel which has the potential to deliver approximately 10
yd3 of sediment to streams.
10. Describe the overall project in detail, including the type of equipment to be used: -
A tracked excavator will be used at both sites. Site l: Place 3-feet to 4-feet size boulders at
the toe of the eroded bank/slope with two boulders jutting out into the channel at a 10 - 20%
angle Woody riparian vegetation will be planted behind the boulders and along the entire
stream bank. Site 2: A J-hook style rock vane using 2-feet to 3-feet size boulders will be
installed in the channel to direct flow away from the slump. The slump will be planted with
riparian vegetation All disturbed slopes will be covered with biodegradable and certified
weed-free erosion control matting and all disturbed area will be covered with straw mulch
and seeded.
11. Explain the purpose of the proposed work: Stabilize the streambank; reduce erosion and
sedimentation into the stream; and conduct pre-emptive measures to stabilize two large
sources of sediment.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia'gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma (linear feet) Before Impact (please secif
Site 1 Stream bank 50 Rich Branch 15 Perennial
Stabilization
Site 2 Stream bank 20 Rich Branch 7 Perennial
Stabilization
2 In-stream 20 Rich Branch 7 Perennial
structure

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us_,s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wwxv.mapgucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 90
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/newetlands/stnn,gide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wr2/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
7
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
NA
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
121,79,
A plicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
9
era United States Forest
National Forests in
Department of Service North Carolina
Agriculture
File Code: 1230
Route To: (2500)
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
Subject: Delegation of Authority
Date: October 12, 2005
To: Brady Dodd
You are hereby delegated the authority to act as my agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for watershed restoration
and improvement projects such as aquatic habitat restoration and enhancement, habitat
restoration, channel stabilization, and channel relocation on the National Forests in North
Carolina. You are authorized to make formal application for all permits to the US Army Corps
of Engineers and the North Carolina Division of Water Quality, provide all necessary
information, and sign all correspondence.
Include this letter as part of all application for Section 404 permits to the US Army Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
O
MARISUE HILL RD
Forest Supervisor
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Rich Branch Stream Stabilization (VWP28)
Site Plan
Background
This project is situated on Rich Branch, a tributary to Bent Creek, which drains into
the French Broad River. As a result of the 2004 flood events, two sites of stream
bank erosion in Rich Branch developed (Figure 1):
Unnamed perennial stream
Site 1. 290 cubic yd
e
of sediment
. ?.:rb5u.ovg F?"?ac*J
r{
?Q
Drainage created
om runoff from
Drapersed Camping spersed camps e
(0 2 acres) a d groundwater Site 2. 10 cubic yd of
w )) sediment
fl
II ? f
II
Current 20'
access
roads
Fa ?
+?yr? Ca
Ro Q?? ?d ss
i 6 °fJGq.
Not to scale
North
Figure 1. Sketch of current channel where stabilization has been proposed. There are two
channels in this sketch, the one upstream of site I is an unmapped perennial unnamed
stream. The channel between the dispersed camping area and site 2 was created by
drainage from the dispersed camping area. Original sketch by Brady Dodd and modified
by Andrew Breibart.
Site 1 is experiencing erosion along the toe of a steep side slope. This site has a high
risk of slumping in the near future and delivering approximately 290 yd3 of sediment
to Rich Branch and Bent Creek. Site 2 is an unstable slump adjacent to the channel,
which has the potential to deliver approximately 10 yd3 of sediment to the stream.
Planned Work
A tracked excavator will be used for this project. Accesss and staging will be from
the dispersed camping site off of Forest Road 479 (Figure 1). This area has two
access roads from the main road and total compacted area of this site equals about 0.2
1
a
Typical for Site 2
C
{Q
(D
1
E
Constructed pool
o
J-hook Rock Vane
CID
on Alluvial Bed
-Plan View
-
a:
Q ,.
1 Thl alea to b
footer rock r led with
(>36" size) - ream rock
? , an£fle
1 /3 channel
. bankfulI width
top rock
(> 36" size)
Figure 3. Example of a Rock Vane at site 2 to re-direct runoff away from sloughed banks.
3

1. All equipment shall be cleaned before entering the project area and stream,
so as to reduce the risk of fine grained sediment and oils and grease from
entering the stream.
2. Do not operate on wet soils when they are most susceptible to damage and
erosion.
3. Do not operate heavy equipment on over-hanging stream banks.
4. Do not operate heavy equipment on slopes greater than 15%, unless
approved by a hydrologist or soil scientist.
5. Enter the project area at sites determined by a hydrologist or soil scientist.
E. Install sediment fences to trap potential sediment. Stabilize any disturbed area at
the end of each workday.
F. Re-vegetate exposed soils as soon as possible to take advantage of the loose soil
conditions for seeding.
1. Exposed soil will be covered with straw mulch or biodegradable and
certified weed-free erosion control matting at the end of each workday.
Matting will be secured in place with staples, stakes, or live stakes of trees
where conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground
disturbing activities to provide erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed.
G. Do not move sediment trap devices until the vegetation in the disturbed areas has
been established.
H. Stockpile any side cast on upland sites and contain within sediment fences.
1. Install sand bags or sediment fences around the project area (including sites 1 and
2 and dispersed camp site) to prevent runoff from entering or leaving the project
area.
J. Minimize the number of times required to cross Rich Branch to reach the left
downstream bank.
K. Cross the stream and conduct activities during periods of low flow.
L. Use a highly skilled heavy equipment operator, trained in stream restoration and
construction of in-stream structures. Instruct the operator to minimize disturbance
to the streambed.
M. Conduct visual inspections of Rich Branch while the work is being conducted to
inspect turbidity.
5
20000027
w 4g United States
Department of
Agriculture
Forest National Forests in
Service North Carolina
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
File Code: 2530-3
Cyndi Karoly
North Carolina Division of Water Quality-
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC
27699-1650
Dear Ms. Cyndi Karoly:
Date: December 29, 2005
JAN 4 2006
Q?c??udrL 1:11
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
This letter is to request Section 401 Water Quality Certification from the North Carolina
Division of Water Quality for U.S. Forest Service project: Rich Branch Stream Stabilization
VWP28 . Located within the Bent Creek Experimental Forest in Buncombe County, North
Carolina, this project is situated on Rich Branch, a tributary to Bent Creek, which drains into the
French Broad River. As a result of the 2004 flood events, two sites of notable stream bank
erosion in Rich Branch developed:
Site 1 is experiencing erosion along the toe of a steep side slope. This site has a high risk of
slumping in the near future and delivering approximately 290 yd3 of sediment to Rich Branch
and Bent Creek. Site 2 is an unstable slump adjacent to the channel, which has the potential to
deliver approximately 10 yd3 of sediment to the stream.
This project intends to stabilize the streambank; reduce erosion and sedimentation into the
stream; and conduct pre-emptive measures to stabilize these two large sources of sediment
through the following actions:
Site 1:
• Place 3-feet to 4-feet size boulders at the toe of the eroded bank/slope, with two boulders
jutting out into the channel at a 10 - 20% slope to divert flow away from the bank.
• Plant woody riparian vegetation behind the boulders and along the entire impacted stream
bank.
Site 2:
• Install a J-hook style rock vane in the channel using 2-feet to 3-feet size boulders to direct
flow away from the slump.
• Plant the slump with riparian vegetation.
An application for a 404 Nationwide Permit 27 has been submitted to the U.S. Army Corps of
Engineers for this project.
Enclosed are the following materials:
Caring for the Land and Serving People Printed on Recyded Paper W
I
• Application for 404 (Nationwide Permit #27) / 401 Water Quality Certification.
• Vicinity Maps and site plans for the Rich Branch Stream Stabilization Project.
• A check made payable to the Division of Water Quality for $475.00.
If you require any additional information, please contact me at 828-257-4214.
Sincerely,
Brady . Do Ad
Forest Hydrologist
cc: NC Storm Recovery Team
7r\ ? L,E N?
UNITED STATES POSTAL SERVI --
PM N
Q
9 J.-^1
?IO
• Sender: Please prir* rya:J e, address,
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
US Forest Service
Attn: Brady Dodd
P.O. Box 2750
Asheville,NC 28802-2750
DWQ# 06-0027-Buncombe
A. Signature
? Agent
;0,13 Addressee
B: Received by (Printed Name) I C. Date of Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Se Ioe Type
Certified Mail ? Express Mail
? Registered 4d Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra.Fee) ? yes
L Article Number 7005 1160 0000 9954 8409
ftnsfer from service label
QQ1 1 c .. .. n/lnn n w: o .... o,...-i- --