HomeMy WebLinkAbout20120186 Ver 1_401 Application_201202124PUnited States Forest National Forests in 160A Zilhcoa Street
Department of Service North Carolina P O Box 2750
Agriculture Asheville NC 28802
2® 12 0 18 6 File Code 2530 3
Date February 16, 2012
Cyndi Karoly
North Carolina Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 1650
Dear Ms Karoly
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E E 2 1 2012
,--. I
QENR WATER QJALITY
This letter is to request Section 401 Water Quality Certification from the North Carolina
Division of Water Quality for U S Forest Service project Kimsey Creek Bank
Stabilization/Habitat Improvement Project 2012 Located on the Nanatahala National Forest in
Macon County, North Carolina, this project is situated on Kimsey Creek in the Little Tennessee
River Basin
This reach of Kimsey Creek is a C4 stream type near the Forest Service Kimsey Creek
Campground flowing within a wide valley bottom At the site proposed for permit the channel is
scouring an approximately 45 length of the toe of the valley side slope resulting in a tall
unstable bank The potential for further erosion and sedimentation into Kimsey Creek is high
Since Kimsey Creek is considered an Outstanding Resource Water (ORW) by NC the need for
stabilization of the site is important
The purpose of this project is to eliminate the bank erosion and accelerated sedimentation to
Kimsey Creek The proposed work would improve the health of the stream ecosystem by
improving channel stability and aquatic habitat diversity along with improving riparian and
streamside vegetation conditions The proposed action is needed at this time, at these locations
because taking no action would lead to further erosion and sedimentation which in turn would
cause further adverse impacts to aquatic habitat With the success experienced at other similar
stream sites (e g N Fork Mills R and N Indian Creek Tennessee), the proposed work is
expected to both stabilize the stream bank and further enhance aquatic and riparian habitat
This project proposes to
1 Using a medium sized trackhoe construct a pool and a 45 long Toe Wood ( Bankfull
Bench) structure (see Typical) using trees and slash from the surrounding area
Transplant shrubs from the area to a bankfull elevation
2 Lay back the —10 feet tall upper bank, but only to a 1 1 slope to minimize excavation and
retain trees at the top
3 Cover the Toe Wood structure & upper bank with a native seed mix weed free straw
and Coir matting Live stake the Toe Wood structure and plant trees and shrubs on the
bank (see Specs for Seed, Trees & Shrubs)
Caring for the Land and Serving People P nted o Recycled P pe �1°�
A copy of the 404 permit application has also been sent to the N C Wildlife Resources
Commission and U S Fish and Wildlife Service for review Additionally, a Trout Buffer Waiver
Request and an Erosion and Sediment Control Plan have not been submitted to NC Division of
Land Quality since the length of stream disturbance is less than 100 feet and disturbed area is
less than one acre respectively
Enclosed are the following materials
• Five copies of the Pre Construction Notice (form 12 11 2008 version 1 3) application for
404 permit (Nationwide Permit #13) with the Letter of Delegation of Authority
• Five copies of the vicinity map and site plans for the project
• Five copies of the signed NEPA documentation (Decision Notice) for the project
• A check made payable to the Division of Water Quality for $240 00 since the length of
stream channel impacts is less than 150 feet
If you require any additional information please contact me at 828 257 4214
Sincerely
Brady N od
National Forests in North Carolina
Forest Hydrologist
W A T 9
1 1 ? _+
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20 120 18 6
`O�0F
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification (PCN) Form
A
2
Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
® Section 404 Permit ❑ Section 10 Permit
Corps
1 b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number n/a
1c
Has the NWP or GP number been verified by the Corps?
❑Yes ® No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
For the record only for DWQ 401
For the record only for Corps Permit
because written approval is not required?
Certification
❑ Yes ® No
❑ Yes ® No
if
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
❑ Yes ® No
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1h
❑ Yes ® No
below
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2
Project Information
2a
Name of project
Kimsey Creek Bank Stabilization /Habitat Improvement Project 2012
2b
County
Macon
2c
Nearest municipality / town
Franklin NC
2d
Subdivision name
USDA Forest Service Nantahala Ranger District
2e
NCDOT only T I P or state
project no a= rnk
LEM \7 LE3'Inj
3
Owner Information
3a
Name(s) on Recorded Deed
USDA Forest Service
3b
Deed Book and Page No
3c
Responsible Party (for LLC d
11kNR WATER
Marisue Hilliard �ANDJAN STOR��WAATERBWCH
applicable)
3d
Street address
160 Zillicoa Street Suite A
3e
City state zip
Asheville NC 28801
3f
Telephone no
828 257 4269
3g
Fax no
828 259 0584
3h
Email address
mhdliard @fs fed us
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
4
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other specify
4b
Name
Brady N Dodd
4c
Business name
(if applicable)
USDA Forest Service Hydrologist
4d
Street address
160 Zdlicoa Street Suite A
4e
City state zip �.
Asheville NC 28801
4f
Telephone go- ,
828 257 -4214
4g
Fax no
4h
Email address
bdodd @fs fed us
5
Agent/Consultant Information (if applicable)
5a
Name
5b
Business name
(if applicable)
5c
Street address
5d
City state zip
5e
Telephone no
5f
Fax no
5g
Email address
Page 2 of 11
B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
USDA Forest Service National Forest in NC Nantahala
RD
1 b
Site coordinates (in decimal degrees) if you can t get
Latitude 35 072046 Longitude 83 530467
these dust include a very good vicinity map
1c
Property size
251 817 acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
proposed project
Kimsey Creek
2b
Water Quality Classification of nearest receiving water
C Trout ORW
2c
River basin map is available at
http //h2o enr state nc us /admen /maps/
Little Tennessee River Basin
3
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
This reach of Kimsey Creek is a C4 stream type near the Forest Service Kimsey Creek Campground flowing within a
wide valley bottom At the site proposed for permit the channel is scouring an approximately 45 length of the toe of the
valley side slope resulting in a tall unstable bank
The potential for further erosion and sedimentation into Kimsey Creek is high Since Kimsey Creek is considered an
Outstanding Resource Water (ORW) by NC the need for stabilization of the site is important
3b
List the total estimated acreage of all existing wetlands on the property
0 Acres of wetlands
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
—26 000 feet in the Kimsey Creek drainage
3d
Explain the purpose of the proposed project
With the success experienced at other stream sites e g North Fork Mills River and North Indian Creek (TN) the
proposed work is expected to both stabilize the stream bank and further enhance aquatic and riparian habitat
3e
Describe the overall project in detail including the type of equipment to be used
Prior
to construction install a water pump in a constructed depression where the tributary comes into the main channel &
pump flow around construction site during work Thus work would occur out of the flow thus reducing turbidity and
sedimentation
1 Using a medium sized trackhoe construct a pool and a 45 long Toe Wood ( Bankfull Bench) structure (see Typical)
using trees and slash from the surrounding area Transplant shrubs from the area to a bankfull elevation
2 Lay back the —10 feet tall upper bank but only to a 1 1 slope to minimize excavation and retain trees at the top
3 Cover the Toe Wood structure & upper bank with a native seed mix weed free straw and Coir matting Live stake
the Toe Wood structure and plant trees and shrubs on the bank (see Specs for Seed Trees & Shrubs)
Page 3 of 11
PCN Form —Version 1 3 December 10 2008 Version
4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments
❑ Yes ® No ❑ Unknown
4b
If the Corps made the jurisdictional determination what type
of determination was made?
❑ Preliminary ❑ Final
4c
If yes who delineated the jurisdictional areas?
Name (if known)
Agency /Consultant Company
Other
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b
If yes explain in detail according to help file instructions
6
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b
If yes explain
Page 4 of 11
i
C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
El Corps
El No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
Permanent (P) or
(PER) or
intermittent
(Corps 404 10
DWQ — non -404
stream
width
length
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Excavate stream
S1 ®P ❑ T
bed and bank to
install Toe Wood
Kimsey Creek
® PER
❑ INT
® Corps
® DWQ
18
50
structure
S2 ®P ❑ T
Excavation of
Kimsey Creek
® PER
® Corps
18
10
pump site
❑ INT
® DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
60
31 Comments All impacts are considered necessary for the long term stabilization of the site to reduce sedimentation and
turbidity
Page 5 of 11
4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a 4b 4c 4d 4e
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T _
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a 5b 5c 5d 5e
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded I Filled f Excavated Flooded I Filled I Excavated Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
-required?
El Yes
131 ❑P ❑T
❑ No
El Yes
62 ❑P ❑T
❑ No
El Yes
63 ❑P ❑T
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
i
D Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Construction of in stream structures would temporarily increase turbidity and sediment deposition downstream of the
excavation Potential adverse impacts would be avoided by pumping flow around construction site during work
minimizing excessive excavation and adhering to the State turbidity standard
b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
A Minimize the area and degree of sod disturbance that reduces infiltration capacity and permeability and destroys protective
forest floor and ground cover
B All hazardous materials will be stored outside of flood prone areas and surrounded with sediment fence to reduce the risk of
materials reaching the river
C Work activities would not be scheduled on rainy days
D Heavy Equipment Operation
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 This would also reduce the risk of invasive weed spread
onto the Forest
2 Do not operate on wet sods when they are most susceptible to damage and erosion
3 Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of sod erosion Avoid operating
heavy equipment on over hanging stream banks
4 Move large woody debris and boulders in a manner that minimizes disturbance of the forest floor exposure of
mineral sod or degradation of stream bank stability
E Install sediment fence or coir logs to trap potential sediment Stabilize any disturbed area at the end of each workday
F Re vegetate exposed sods as soon as possible to take advantage of the loose soil conditions for seeding
1 Exposed soil will be covered with straw mulch or erosion control matting at the end of the project Matting will be
secured in place with stakes and live stakes where conditions allow
2 Temporary seeding will occur on all bare sod within five days of ground disturbing activities or sooner if rain is
forecasted to provide short and long term erosion control
3 Stabilize channel banks with a native seed mix as work is completed
G Do not move sediment trap devices until the vegetation in the disturbed areas has been established
H During on -going operations inspect the site frequently inspect occasionally during inactive penods
1 Check for potentially damaging or fading situations that may cause unacceptable water quality impacts
2 Correct failing situations as soon as practical
I Conduct visual inspections of Kimsey Creek while the work is being conducted to maintain acceptable turbidity levels
Use a skilled heavy equipment operator Instruct the operator to minimize disturbance to the streambed
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U S or Waters of the State?
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c If yes which mitigation option will be used for this
project?
❑ Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
PCN Form — Version 1 3 December 10 2008 Version
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a if using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes you will have to fill out this entire form — Please
contact the State for more information
El Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 11
E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 Diffuse Flow Plan
la Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
Yes
E] Yes
1 b If yes then is a diffuse flow plan included? If no explain why
Comments
E] Yes ❑ No
2 Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
0%
2b Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c If this project DOES NOT require a Stormwater Management Plan explain why The current site contains less than
24% impervious area and an increase in impervious area is not planned from the proposed work Additionally all
stormwater is transported primarily via vegetated conveyances
2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3 Certified Local Government Stormwater Review
3a In which local government s jurisdiction is this project?
❑ Phase II
3b Which of the following locally implemented stormwater management programs
❑ NSW
apply (check all that apply)
❑ USMP
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4 DWQ Stormwater Program Review
❑ Coastal counties
4a Which of the following state implemented stormwater management programs apply
[--] El
El ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5 DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10 2008 Version
F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes
❑ No
use of public (federal /state) land?
1 b
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
® Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑Yes
No
letter )
f
Comments NEPA Decision Notice document is attached
2
Violations (DWQ Requirement)
2a
is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most�recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
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
No sewage disposal is necessary
Page 10 of 11
PCN Form — Version 1 3 December 10 2008 Version
5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a WIII this protect occur in or near an area with federally protected species or
❑ Yes ® No
habitat
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes El No
impacts
5c If yes indicate the USFWS Field Office you have contacted
❑ Raleigh
® Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
I consulted the Corp website http / /www saw usace army milMETLANDS /esa to obtain needed information
6 Essential Fish Habitat (Corps Requirement)
6a Will this protect occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Data source is http //ocean flondamanne org /efh_coral /ims /viewer htm website
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this protect occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
Yes No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
NFsNC Cultural Resources database
8 Flood Zone Designation (Corps Requirement)
8a Will this protect occur in a FEMA- designated 100 year floodplain?
® Yes ❑ No
8b If yes explain how protect meets FEMA requirements No development would occur with this work therefore there is no
change in flood heights associated with this protect
8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System
http / /www ncfloodmaps com/
BradyN Dodd
02/1V ,?01 -Z
Applicant/Agents Printed Name
PP lica 9 e s Si nature
Date
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
United States Forest National Forests in
Department of Service North Carolina
Agriculture
File Code 1230
Route To (2500)
Subject Delegation of Authority
To Brady Dodd
160A Zdlicoa Street
P O Box 2750
Asheville, NC 28802
828 257 4200
Date October 12 2005
20120186
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
lq-
MARISUE HILLIARD
Forest Supervisor
Caring for the Land and Serving People Pn t d Recycled Pape
DECISION NOTICE
AND
FINDING OF NO SIGNIFICANT IMPACT
HAYSTACK PROJECT
USDA FOREST SERVICE
NANTAHALA NATIONAL FOREST
NANTAHALA RANGER DISTRICT
FRANKLIN NORTH CAROLINA
SEPTEMBER 2011
The U S Department of Agriculture (USDA) Forest Service prohibits discrimination in all
its programs and activities on the basis of race color national origin gender religion age
disability political beliefs sexual orientation or marital or family status (Not all
prohibited bases apply to all programs ) Persons with disabilities who require alternative
means for communication of program information (Braille, large print audiotape etc )
should contact USDA s TARGET Center at (202) 720 2600 (voice and TDD) To file a
complaint of discrimination write USDA Director Office of Civil Rights Room 326 W
Whitten Building 14 "` and Independence Avenue SW Washington DC 20250 9410 or
call (202) 720 5964 (voice and TDD) USDA Forest Service is an equal opportunity
piovider and employer
•
INTRODUCTION
E
An Environmental Assessment (EA) with associated documents for the Haystack Project is
available for public review at the Nantahala Ranger District office in Franklin, NC The EA
discusses proposed timber harvest associated site preparation and reforestation activities and
wildlife habitat and timber stand improvements for the Haystack Project Project activities
are located on National Forest land in Compartments 96, 98, 105 109, 140, 118 120 134
139 and 144 149 on the Nantahala Ranger District, Nantahala National Forest, in Macon
County, North Carolina
The project is needed to recondition existing wildlife habitat to create new wildlife habitat in
a variety of ways and to emphasize silvicultural treatments to provide for a high quality
sustainable forest The proposed action is in compliance with the direction set forth in the
Land and Resouicc Management Plan (LRMP) 1986 2000 for the Nantahala and Pisgah
National Forests and Amendment 5 (1994) in a manner which moves project area resources
toward desired future conditions
Specific project objectives are to
1) Conduct forest management activities to provide for restoration and improvement of
existing forest stands within the analysis area,
2) Provide for a range of stand age classes through timber regeneration harvesting and
other activities, while producing a minimum of 1 million board feet (MMBF) of
sawtimber for the local economy,
3) Maintain and enhance biological diversity by protecting population viability of rare
species which occur in the compartments by reproducing existing forest species
especially oaks for hard mast production, and pines to perpetuate mixed hardwood
pine or pine hardwood communities
4) Restoie optimal habitat conditions on existing area wildlife openings create new
grasslforb openings and create /enhance additional wildlife habitat where practical,
5) Improve habitat for the golden winged warbler where possible
DECISION
Based on the results of the analysis documented in the EA and project file and comments
during scoping and the formal 30 day comment period, my decision is to implement the
proposed action, Alternative B
Two Aged Regeneration Harvest Regenerate approximately 320 acres in 18 separate
stands using a two aged method of regeneration followed by activities to prepare the
sites for regeneration of new seedlings in the two age method the mature stand is
partially cut Enough of the mature stand is removed in order to ensure enough light
reaches the forest floor to sustain growth and development of the new stand Some trees,
2
approximately 15 to 20 square feet basal area" per acre are left standing to meet visual
quality and wildlife objectives Den trees and hard mast producing trees are the favored
leave trees Logging would be accomplished by using both a conventional ground based
system that skids the logs on the ground to a designated landing and an overhead cable
system to cable logs up terrain when it is too steep for operating ground based skidders
Site preparation involves cutting down competing and noncommercial vegetation
Unit/ Compartment Stand
ACRES
Unit/ Compartment Stand
ACRES
Unit 1 / C96 S32
22
Unit 18 / C137 — S44
10
Unit 2 / C96 S33
14
Unit 19 / C137 — S9
16
Unit 5 / C118 S34
23
Unit 23 / C145 — S38
15
Unit 8 / C118 S36
11
Unit 25 / C145 — S39
8
Unit 9 /C119 —S30
24
Unit 26 /C106 —S31
31
Unit 12/C119 —S31
24
Unit 27 /C106 —S27
25
Unit 13JC134 —S21
20
Unit 28 /C107 —S26
6
Unit 14JC136 —S12
31
Unit 29 /C108 —S26
21
Unit 15 / C137 — S41
9
Unit 16 / C137 — S43
10
TOTAL
320
Intermediate Thinning Harvest Conduct intermediate thinning in stands of immature
sawtrmber, thinning to improve stand structure by removing smaller diameter
intermediate and suppressed trees and also over mature declining individuals Do this
tieatme& in stands 118 35 (14 acres) 136 2 (19 acres) 137 42 (14 acres) and 139 6 (26
acres) for a total of 73 acres
Slash, Burn, and Plant Conduct contract slash down work removing most of the over
story vegetation except for a few leave trees (15 20 square feet of residual basal area) to
simulate a two aged regeneration harvest area Follow the slash down with a hot
prescribed burn to accomplish site preparation Plant the areas with shortleaf pine or
pitch pine seedlings on a 10 x 12' spacing Do this work in stands 136 36 (7 acres) and
145 -24 (11 acres)
Firewood Unit Proposed Stand 136 37 (approximately 11 acres) is a firewood unit to
be slashed down by a contractor and the down wood to be permitted to firewood
gatherers This unit is close to Standing Indian campground adjacent to FS system road
#67
Road Construction Construct approximately 0 7 mile of new system road, #7331G1,
onto existing system road #7131 G to access Stand 106 31 This new road segment will
facilitate efficient access for fire management prevention, and suppression as well as
access for law enforcement It will also facilitate management actions in the future
Road Reconstruction Conduct road reconstruction on approximately 0 5 miles on the
end of FS system road #7219 to access Stand 134 21
Temporary Road Construction Construct approximately 0 2 mile of temporary road
off of FS system road #67 to access Stand 134 21 and 0 2 miles to access Stand 136 2
0 0
Oak Mid -story Pre harvest Treatment Conduct an oak pre harvest mid -story
treatment on three areas totaling approximately 95 acres in Stands 120 1 (59 acres) 137
42 (14 acres), and 139 31 (22 acres) Some mid story trees in these areas will be treated
with herbicide by a contractor to increase the amount of light reaching the forest floor
This will encourage the growth of advance oak regeneration 12 15 years prior to the next
two aged regeneration harvest
Crop Tree Release Conduct timber stand improvement work (crop tree release) on 234
acres in stands 108 14, 118 2,118 3, 118 13, 118 15 118 31 119 10 119 -13 119 19,
134 6 134 8 134 12 134 19 and 134 20
American Chestnut and /or Oak Seedling Planting As they become available plant
genetically improved seedlings of American chestnut and/or oak in selected areas within
proposed two aged iegeneiation units
B Treatments for the purpose of wildlife habitat creation and/or improvement
Construct four new wildlife openings Construct two new wildlife openings of
appioximately 1 acre each near Tin Cup Knob in Compartment 140 Also construct 2
new openings (0 5 acre and 1 acre) on the east ndge in Stand 106 31 in Compartment
119
Riparian Area Restoration Restore natural hydrological function and plant species
diversity in 16 areas of riparian flats along area streams Restore surface flow patterns by
re contouring old roadbeds Shrubs and some small trees would be removed by cutting
with hand tools Stumps of the cut vegetation would be sprayed with glyphosate or
triclopyr herbicide to inhibit sprouting Some timber will be harvested using patch cutting
methods in which a 30 buffer will be maintained on each side of the stream to protect the
riparian corridor and to develop a multi aged stand
Riparian Area sites
Site #
Acres
Site #
Acres
1
80
9
05
2
90
10
20
3
60
11
10
4
10
12
10
5
10
13
20
6
60
14
30
7
30
15
30
8
30
16
70
TOTAL 570
Spray Harvest Unit Skid Trails Spray saplings in harvest unit skid trails (postharvest)
with tnclopyr 4E to promote the growth of grassers (nesting habitat) for the golden
winged warbler
4
Bog Restoration Combat woody encroachment by slashing rhododendron and other
shrubs in and around 6 bogs in the Nantahala River area and treat the stumps with
triclopyr herbicide
Ponds Construct 25 vernal ponds in wildlife fields and on harvest unit landings
Rehabilitate existing wildlife openings Disc, burn, and apply herbicide to all existing
wildlife openings in the area that are in poor condition Follow this treatment with the
seeding and establishment of new grasses and forbs
Retreatment of Rhododendron Control Areas To maintain riparian area species
diversity, slash down three previously treated rhododendron patches of approximately
60' by 100 in the Yellow Patch area south of FS road #67 Follow the slash down work
with stump spraying with triclopyr herbicide
Prescribed Burning Continue treating approximately 3,065 acres in 10 burn units
within the prod ect area
Oak Savannah Creation by Prescribed Burning Create an oak savannah woodland on
the top of Pine Mountain (approximately 6 acres) by understory prescribed burning
i
Oak Savannah Creation by Vegetation Slashing and Prescribed Burning Restore
oak savannah woodland conditions in 5 areas (approximately 20 acres total) by
vegetation slash down and Rx burning These treatments would be conducted in the
following areas 1) Kimsey Bald (about 3 acres), 2) Bee Tree Knob (about 7 acres), 3)
Chestnut Knob (about 3 acres), 4) Dirty John (about 4 acres), and 5) Steeltrap (about 3
acres)
Thin along FS System Roads Conduct roadside thinning along all existing FS system
roads
Fisheries Work
1) Place two new arched culverts in Kinsey Creek to allow for fish passage
2) Streambank stabilization and erosion control in Nantahala River/Kimsey Creek
area
Invasive Species Removal Control invasive species by spraying a triclopyr herbicide
solution along all system roadsides in recreation area roadsides Also treat any existing
invasive species along FS road #s 67A 7131A and C and 7217B
Helispot Construction Create anew helicopter landing site inside the Steeltrap Rx
bum unit This would be an extension of an existing wildlife opening on the south central
end of the bum unit on the ridge above Henry Patch Branch
t
5
•
Big Indian area Water Removal Rehabilitate the area where water is running down
the roadbed on FS Road # 67A by diverting the water into the adjacent wildlife opening
Cypripedium parviflorum Forest Service botanists will revisit stand 106 31 during the
growing season to locate individuals and populations of small flowered yellow lady s
slipper (Cypripedtum parviflorum var pamflorum) prior to beginning any treatments
Seepage Ai ea Management Approximately 0 25 acres will be left adjacent to the
seepage area in the southeast portion of Unit 106 31
OTHER ALTERNATIVES CONSIDERED
Two other alternatives were considered in detail
Alternative A. No Action Under this alternative, the proposed protect would not be
implemented Alternative A was not selected because it does not meet the purpose and need
and specific project objectives stated in the EA In particular this alternative would not
contribute to the desired future conditions for early successional habitat would not maintain
and enhance biological diversity by reproducing existing forest species would produce no
new grass /forb openings for wildlife habitat would not improve any habitat for the golden
winged warbler and would not conduct any forest management activities for the
improvement and /or restoration of existing forest stands
Alternative C The nonpreferred alternative for this project would have no road construction
or reconstruction no harvesting of units 3,13 25 and 26 (totaling 74 acres) roadside
thinning of every system road in the analysis area and slash/burn/planting of one area only
an 11 acre area adjacent to FS Road #67 In addition, there would be no new wildlife
opening construction, no new arched culverts for fish passage or other fisheries work and no
helnspot construction
DECISION RATIONALE
The above described actions are selected for unplementation because Alternative B best
meets the purpose and need and specific project objectives This decision implements the
direction in the Nantahala/Pnsgah Land and Resoui ce Management Plan (LRMP) and its
amendments through the application of Forest wide and management as ea standards and
mitigating measures The specific project objectives for the proposal are met by the
project actions as follows
1) Objective Conduct forest management activities to provide for restoration and
improvement of existing forest stands within the analysis area
The actions in the selected alternative, Alternative B will provide timber stand improvement
activities on approximately 506 acres This includes the stump spraying on the proposed 320
acres of two aged regeneration, 73 acres of intermediate thimungs 18 acres of slash burn
and plant treatments, and 95 acres of oak pre harvest mid story treatments Additionally, 234
acres of crop tree release work will be conducted on 15 stands Alternative C in addition to
few acres of silvncultural treatments, would result in fewer projects for wildlife and fisheries
n
habitat improvement Thus, Alternative B more appropriately addresses this project
objective
2) Objective Provide for a range of stand age classes thi ough timber regeneration
harvesting and other activities, while producing a minimum of 1 million board feet
(MM131) of sawtimber for the local economy
Alternative B proposes approximately 320 acres of new early successional habitat through two
aged regeneration harvesting Alternative C proposes approximately 246 acres of new early
successional habitat through regeneration harvesting For Alternative B, an estimated 0 94
million board feet (MMBF) of high value hardwood sawtimber, 0 88 MMBF of medium value
hardwood sawtimber 0 37 MMBF of low grade hardwood sawtimber and 718 hundred cubic
feet (CCF) of pulpwood would be offered for sale in the local market Thus Alternative B
better meets the objectives of providing a range of stand age classes and more economic impact
for the local economy
3) Objective Maintain and enhance biological diversity by protecting population viability
of rare species which occur in the compartments, by reproducing existing forest species,
especially oaks for hard mast production, and white pines to perpetuate mixed hardwood
pine or pine hardwood communities
Per the Haystack project EA and Biological Evaluation (BE) population viability of rare species
in the analysis area will be protected with implementation of the project activities More
reproduction/of existing forest species would occur with Alternative B than with Alternative C
because approximately 320 acres of hardwood stands (including oaks) will be regenerated
whereas fewer acres and stands would be regenerated with the implementation of Alternative C
Alternative B includes planting of American chestnut and/oak seedlings on selected sites as they
become available
4) Objective Restore optimal habitat conditions on existing area wildlife openings,
create new grass /forb openings, and create /enhance additional wildlife habitat where
practical
Alternative B would include existing wildlife opening rehabilitation, wildlife opening
creation prescribed burning on about 3 065 acres riparian area restoration in 16 areas
installation of fish passage structures, creation of 25 vernal pools bog restoration,
rhododendron control spraying of nonnative invasive species and maintenance of linear
wildlife openings by selectively thinning trees
Alternative C includes the treatments described above for Alternative B but reduces the
slash/burn/planting to one area only an 11 acre area adjacent to FS Road #67 In addition
there would be no new wildlife opening construction no new arched culverts for fish passage
or other fishenes work
PUBLIC INVOLVEMENT
Scoping is defined by the National Environmental Policy Act (NEPA) as "an early and open
process for determining the scope of issues to be addressed and for identifying the issues
related to a proposed action This project was discussed at Rapid Assessment public
7
L-- - --
meetings at the Nantahala RD office on March 25, 2008 October 14 2008, and on October
8, 2009 The project was scoped with the public in December of 2010 and January of 2011
A project Scoping Record with maps and a list of proposed actions was posted on the
National Forests in North Carolina website for individuals and groups to comment on the
project proposal In addition the Scoping Record was mailed to 41 individuals and groups
on December 1, 2010 Responses to the Scoping Record included letters or emails from
Yolanda Saunooke — Eastern Band of Cherokee Indians, Josh Kelly Wildlaw, Dave
McHenry — NC Wildlife Resources Commission (NCWRC), Hugh Irwin — Souther
Appalachian Forest Coalition, Brent Martin — The Wilderness Society, Ed Schwartzman -
NC Natural Heritage Program and the U S Fish and Wildlife Service
Since the December 2010 scoping the project has been listed in the NFsNC Schedule of
Proposed Actions, which is distributed to several hundred individuals and groups throughout
the United States
A project Environmental Assessment (EA) was placed on the NFsNC website and a
notification letter was mailed to the public on July 21, 2011 for the 30 day public comment
period which began on July 29, 2011 and ended August 30, 2011 The legal notice for the
comment period was published in the Franklin Press on July 29, 2011 Pursuant to 36 CFR
215, timely comments on the EA were received from four individuals or groups These
comments aie addressed in my Response to Comments Appendix E to the EA
FINDING OF NO SIGNIFICANT IMPACT
After thorough consideration of the EA Appendices the Forest Plan (LRMP) and comments
received, I have determined that the decision to implement this project is not a major federal
action, individually or cumulatively, and will not significantly affect the quality of the human
environment In a local context (EA pgs 3 8) the site specific actions of the selected
alternative (Alternative B), both short and long term, are not significant Therefore an
Environmental Impact Statement for this project is not needed My determination is based
on the following intensity factors
INTENSITY /SEVERITY OF THE Il"ACTS
1 This project will have a beneficial effect on the local community No significant adverse
effects to the environment were identified in the environmental analysis (EA Section 3 pages
13 94) There is no nreversible commitment of resources in Alternative B These are no
known significant irretrievable commitments of resources My determination that the effects
are non - significant is not biased by any beneficial effects resulting from the project
2 There will be no significant effects on public health and safety resulting from the work
conducted on this project (EA pages 11 13, 89)
3 There will be no significant effects on unique characteristics of the area, there are no
prime farmlands wetlands or wild and scenic rivers in the project area Although the
Appalachian Trail traverses a portion of the area, design criteria will be implemented so that
project activities will meet designated visual quality objectives (VQOs) (EA page 7 and 88
89)
4 Based on the involvement of forest resource specialists state and federal agencies, and
members of the public, I do not expect the effects of the selected alternative to be highly
controversial in a scientific context (EA Section 3 pages 13 94)
5 The effects of the project as described in the Environmental Assessment are not highly
uncertain and do not involve unique or unknown risks (EA, pages 13 94) 1 am confident
that based on past experience with actions of a very similar nature there are no unknown or
unique risks associated with this project
6 No precedent will be set through this action which will contribute to future actions with
significant effects, the project is site specific and effects will remain localized and short term
(EA pages 13 94)
7 No significant cumulative impacts will result fiom this action (EA, pages 13 94)
8 A Heritage Resources Survey of the project area has been completed There will be no
significant effect on historic or cultural resource sites (EA page 86)
9 There will be no significant effect on any federally listed threatened endangered or
sensitive (TES) species or their critical habitat (EA pages 40 47 47 66)
No cumulative effects on species viability across the Forest will result from this project (EA,
pages 13 79)
10 The project will not threaten a violation of federal state or local laws to protect the
environment (EA, pages 13 94)
For water quality management this project is designed to comply with the forest practices
guidelines and standards found in the North Carolina Forest Practices Guidelines Related to
Water Quality These guidelines and standards have been designed with the goal of
producing water that meets state water quality standards The project will be monitored to
ensure proper implementation If effects on a specific site are greater than anticipated due to
unforeseen site factors or events appropriate corrective measures will be considered and
implemented
OTHER FINDINGS
Forest Plan Consistency Alternative B (as described above), is consistent with the Land
and Resource Management Plan for the Nantahala and Pisgah National Forests (LRMP) and
all Amendments to the Plan The following paragraphs discuss the reasoning for this finding
1 These actions are feasible and reasonable and contribute to the desired future conditions
identified as Forest Goals (LRMP, Amendment 5, pages III 1 2) The actions of this project
0
harvest timber on those lands identified as suitable for timber production (Management Areas
113 3B and 4D)
2 The actions of this project which alter vegetation comply with the seven requirements of
36 CFR 219 27 following Forest wide direction and standards and direction and standards
for Management Areas IB, 3B, and 4D
3 Two aged regeneration is an appropriate method of meeting LRMP objectives in the
stands proposed for regeneration (EA pages 3 4 83 86)
APPEAL RIGHTS
This decision is subject to appeal pursuant to 36 CFR 215 11 Any appeal of this decision
must be fully consistent with 36 CFR 215 14 "Content of an Appeal including the seasons
for appeal and must be filed with the Appeal Deciding Officer at this address Forest
Supervisor, National Forests in North Caiohna 160 Zillicoa Street Asheville NC 28801
1082 Appeals also may be faxed to (828) 259 0584 or electronically filed by sending them
to appe'ils southern north carohng@fs fed us Appeals must be postmarked or received no
later than 45 days, beginning the day after the legal notice of this decision is published in the
Franklin Press
i
IMPLEMENTATION
Pursuant to 36 CFR 215 9, if no appeal is filed, this decision may be implemented on but
not before the 5th business day following close of the appeal filing period If an appeal is
filed implementation may occur on but not before the 15 "' business day following the date
of appeal disposition
CONTACT PERSONS
For further information about this decision, contact Steverson Moffat at the Nantahala
National Forest (telephone 828/837 5152 ext 108) or at comments southern north caiohna
nantahala nantahala@fs fed us
Vii/
10
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