20052170 Ver 1_Complete File_20050125

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February 24, 2006
Alan W. Klimck, P.E.Dircclor
Division of, WatcrQunlity
DWQ Project # 05-2170
Avery County
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Elk River Park Bank Stabilization
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MAR 6 2006
Approval of 401 Water Quality Certification with Additional Conditia OE AND STERQUARB
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Dear Mr. Hilliard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 1,384 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 31, 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: httpJ/l12o.enr.st ite.nc.us/ncvvetlands
Michael P. Easley, Governor
%Villiam G. Ross Jr., Secretary
North Carolina Dcparuncnt of Envirunuicnt and Natural Resources
ac.•a ?,•,1?,,
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Elk River '
Paget of6
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 met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Stream 1,384 feet Elk River
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.
Elk River
Pa,,e3 of-6
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
Elk River
llm,c4 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 flovring-
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 consistent 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.
folk rover
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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 2B. .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.
Elk Rivcr
Pa-c6 oY6
February 24, 2006
This letter completes the review of the Division
the Clean Water Act. If you have any questions
DWQ Asheville Regional Office at 828-296-4657.
of Water Quality under Section 401 of
please telephone Kevin Barnett in the
Sincerely,
Alan VV. 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: 05-2170.USFS.ElkRiver.Approval
Triage Check List
Date: 2/01/06 Project Name: Elk River Park Bank Stabilization
DWQ #:05-2170
County: Avery
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/31/06 to 3/31/06

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 (Neuse, 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!
2 0 0 5 2 1 7 0
°""""^• United States Forest National Forests in 160A Zillicoa Street
sa -?
Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
File Code: 2530-3
Date: January 3, 2006
Cyndi Karoly
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC
27699-1650
Dear Ms Karoly:
This letter is to complete the request for Section 401 Water Quality Certification for the
US Forest Service project: DWQ # 2005-2170 (Elk River Park Bank Stabilization
(VWA7 and VWA8)). The attached fee of $475 and the additional application materials
are intended to complete the application of the project. Thank you for your patience.
Enclosed are the following documents:
• 5 copies of the PCN application sets, including vicinity maps and site plans.
• A check made payable to the Division of Water Quality for $475.00.
If you have any questions, please contact me at 828-257-4214 or [e-mail]
Sincerely,
0--4
Brady N. Dodd
Forest Hydrologist
° Li PM
JAN 3 12006
DENR -,WATER QUALITy
WETLANDS AAD STOR!t1YATER BRANCH
cc: NC Storm Recovery Team
Ups a?"'
Caring for the Land and Serving People Printed on Recycled Paper V?
Office Use Only: Form Vcrsion March 05
20052170
USACC Action Ill 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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit Number
13/General Permit #3495
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information ?E? $ 2005
Name: MauriSUe Hillard
Mailing Address: U.S. Forest Service 991R VJATERQUAUTY
National Forests in North Carolinayrt:TWIDStIMSTOit- 0111 H
P.O. Box 2750
Asheville, NC 28502-2750
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 Dodd
Company Affiliation: U.S. Forest Service
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
Page I of 9
E-mail Address: [e-mail]
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Elk River Park Bank Stabilization
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Avery Nearest Town: Elk Park
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Elk Park, take State Route
1305, which becomes Forest Road 190. This proposed project begins where the Forest
boundary and the Elk River intersect. Looking downstream the project is on the left bank.
The A second portion of this proposed project begins .7 miles further down Forest Road 190
where this road crosses the Elk River. Looking downstream, the project is on the left bank.
5. Site coordinates, if available (UTM or Lat/Long): 36° 1 1' 52" 81° 58' 10"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): N/A National Forest System Lands
7. Nearest body of water (stream/river/sound/ocean/lake): Elk River
8. River Basin: Watauga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://112o.enr.st.ite.nc.us/,tdmin/maps/.)
Paae 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Flood flows associated with hurricanes or September 2004
eroded much of the 900 feet of the left bank of (looking downstream) at the recreation area
above Elk Falls leaving it over-steepened and prone to additional erosion. The same thing
occurred to a lesser extent to 500 feet of left bank (looking downstream) below the ford on
Forest Road 190. (Please see attached map.)
10. Describe the overall project in detail, including the type of equipment to be used: From
bank full elevation and rte. slope back banks to a 1 foot rise to a 2 foot run. Place boulder
size rock at bank full in configurations of three to five rocks. Approximately 15 rock
structures will be placed at the Elk River Park site. Bank sloping, root wad and boulder
placement will be done with a tracked excavator. Woody riparian vegetation will be planted
on banks. All disturbed areas will be seeded and mulched. Entire length of bank at Elk River
Park will be fenced providing access points to the river. The tracked excavator will be in the
river at the lower site to place boulders and root wads. Banks at lower site will not be sloped.
Boulders will be shot granite and approximately 36 inches in diameter. Three to four rock
vanes will be constructed on the lower Elk River site. (Please see attached typical rock
vane.) This material will come from the quarry in Boone, NC. (Please see attached photos
displaying proposed work to be done.)
11. Explain the purpose of the proposed work: Stabilize and protect the stream bank.
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.
Page 3 of 9
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts to the Elk River include a
temporary increase in turbidity due to the mechanical slopping of banks, placement of
boulders and hand planting of woody riparian materials on the newly slopped banks.
Temporary disturbance will occur as three axel trucks deliver rock and a tracked excavator
enters the channel to place the rock and root wads to the lower site. The existing ford on the
Elk River on Forest Road 190 will have to be improved as it was damaged by flooding
associated with hurricanes of September 2004. Positive impacts are expected as the sites
stabilize as a result of the proposed work.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List cash impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 hitp://waw.fema.zov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ctc.) 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: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Page 4 of 9
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )
Site I Streambank
Disturbance 884 Elk River Perennial
Site 2 In-channel
structures 500 Elk River Perennial

* 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.
** Steam names can be found on USGS topographic maps. If a steam 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.uses.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mopquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 884 ft. (upper site at Elk
R. Park) and 500 ft. (lower site below ford on Forest Road 190)
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: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Page 5 of 9
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Work will not be conducted on rainv davs nor at elevated levels of flow. Trout species spawn
October through April and that time period will be avoided for in stream work.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlancls/strmL,i(le.litml.
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
Page 6 of 9
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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.nc.us/wrp/inclex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes X No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 7 of 9
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone l extends out 3U feet perpendicular from near bank of channel; Lone extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. StormNvater (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.
N/A
XIL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
Page 8 ot'9
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
3.2«0
Applicant/Agent's Syignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pa,,e9of 9
United States Forest National Forests in
Department of Service North Carolina
Agriculture
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
828-257-3200
File Code: 1230
Route To: (2500)
Subject: Delegation of Authority
To: Brady Dodd
Date: October 12, 2005
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.
MARISUE HILLIARD
Forest Supervisor
S
Caring for the Land and Serving People
Punted on Recycled Paper M'
Vicinity Map: Elk River Project (VWA7 and VWA8)
401 Permit Application
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k
Site 2: In-stream . -?
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0 0.2 0.4 0.8 Miles I f f 1 I 1 f 1 I i
USGS 7.5 Minute 1 inch equals 0.248758 miles North Caroline Forests
Quadrangle Elk Park Appalachian Ranger District
-A ?iLL -1
li
Site Plan for Site 1: Elk River Streambank
Stabilization
3
s
Cross Section View
-(" Hafikilm alevation
flow
Channel bolloiii
e;!:
O = boulders (3' plus in size)
10 = planted trees
= planted shrubs
_Y
W
Sloped back bank &
area
T
0
(D
fencing N
U)
CD
N
x
O
N
C.
co
0
access point} to river
North
Elk Falls
Site 1 Flk River Stream Rank Stahilization Proiect Site Man. F.lk
Picnic area
r\
1
at this site.
de
Site 1 lies within the Elk River Fall Park recreational area, managed by the USDA Forest Service.
Site 1 encompasses the left downstream bank of Elk River along State Road 1305 for about 884
feet to just upstream of Elk Falls. Site one is wholly contained within Forest Service land. This
length of bank is devoid of natural riparian vegetation, but is planted and maintained with grass,
and likely gets heavy traffic as people access the river. Flood flows as a result of the 2004
hurricanes eroded much of the 884 feet of bank leaving it over-steepened and prone to additional
erosion and sedimentation into the channel. Proposed measures to stabilize the streambank are
listed below:
1) From bankfull elevation and up, slope back banks to a 1 foot rise to a 2 feet run (Fig. 3).
2) Place clean angular boulder-size rock against bank in places.
3) Plant native woody vegetation in bank.
4) Fence entire length of bank, providing access points to the river.
j
i
L_ i.- t L_
ci

If ft-0

Figure 2. Site 1 Elk River
(January 28, 2005)
i
(January 28, 2005)

I
Excavate bank material and place some
between bank and rock vane on the upstream
side and the remainder would be hauled off
site.
4 feet
2 feet
Sediment fence
toe of bank
Water
3. Example of sloping back stream.
(Excavate bank @ a 2:1 slope
I`
-4-= ;,

Site Plan for Site 2: Elk River In-stream Structures
?? Plan MOW-Elk River ftW-
? , P N
? `? Stream Segment in Stream
.-- . segment in
`
?Figures4and5 Has
= +ry Figure 3
` N equipment
x
% access
.•
% OV
,.
00 aft ? too
00 4%
+ Jones Branch •• •???••.. ??•••••
70 feet
N
M „
„
?__====rn
Ragroa0
tk.,. Z.. Stre am
bed do
Nottoseale 60
s ?
Ford /
00
I
Road
Access
ApproAmate
iocabon for'
in-stream
structures
548 feet
Site Map for Site 2: In-stream structures between the Forest Service Road 190 ford
River and Jones Branch
1
'_I
Figure 3. Site 2: Elk River downst
Perspective is looking downstream
(January 28, 2005).
Figure 4. Site 2: Elk River downstream of the
Perspective is looking upstream (January 28, 21
floodplain and is therefore a terrace. A trail is
designed to protect this streambank.
2
will be placed in this reach
i). This left bank is above the
top of it. In-stream structures will be
L
Figures 3-5: Between the Forest Road Ford of Elk River and the river's confluence with
the Jones Branch, the left downstream bank of Elk River has eroded and is currently
over-steepened and prone to further erosion and sediment delivery to the river. This
degraded state resulted from floods as a consequence of the 2004 hurricanes. Proposed
treatments:
1. Installation of three in stream structures (J-hook and/or cross vanes) installed to
redirect streamflow away from the bank and into the center of the channel (Site
map). This will help to stabilize the bank, improve physical integrity of the
channel, and reduce sedimentation from this reach Refer to figure 6 for a sample
design of a rock vane.
2. Recontour the banks of the lower 200 feet of this reach to a stable grade.
3. Plant woody riparian vegetation along the entire length of bank.
3
Perspective is looking downstream i

Single Arm Rock Vane
on Alluvial Bed
-Cross-section View-
looking downstream
lnb-,Aw-
- - top rocks (>aa. )
footor rocks (>jTus)
Single Arm Rock Vane
on Alluvial Bed
-Profile View-
I3
-?/- top rocks
>srg .>
A
charnel
profile
looter rocks (> 3e i-)
Figure G. Example of a Rock Vane at site 2.
4

,
,
r Single Arm
footer rock Rock Vane
on Alluvial Bed
-Plan View -
,
ne, .a a o.
.awo
•na>n ra
o ?
N
p , kWl.n w
N
top rock
?> at drs)
Figure 6 continued.
Erosion and Sediment Control Plan
USDA Forest Service
Storm Recovery Team
Elk River Stream Stabilization Project (VWA7 and VWA8)
Avery County, North Carolina
Appalachian Ranger District
f r
"+r•cvrse
USDA Forest Service
National Forests in North Carolina
160A Zillicoa Street, P.O. Box 2750,
Asheville, NC 28802
Prepared by
Brady Dodd, Hydrologist, NC Forests
Andrew Breibart, Hydrologist, Lake Tahoe Basin Management Unit
1
TABLE OF CONTENTS
Section Page
1.0 Project Description 3-
1.1 Site Description 3
1.2 Planned Work 3
1.3 Site Disturbance 3
1.4. Property Ownership 4
1.5 Soil Types 3
2.0 Planned Erosion and Sedimentation Practices 4
2.1 BMP's Common to Sites 1 and 2 4
2.2 BMP's specific to Site 1 5
2.3 BMP's specific to Site 2 5
2.4 Maintenance Plan 6
2.5 Permanent Erosion and Sediment Control Plan 6
3.0 References 6
LIST OF FIGURES
Figure 1. Site 1: Elk River Stabilization Project -left downstream bank. 3
Figure 2. Site 2: Elk River downstream of the Forest Road 190 ford of Elk River.
Perspective is looking upstream. 4
Figure 3 Site 1: Elk River Stream Bank Stabilization Project Site Map. 7
Figure 4. Example of sloping back of streain bank. 8
Figure 5. Site 2: Site Plan of in-stream structures. 9
Figure 6. Example of a Rock Vane as proposed. 10
Figure 6 continued 11
ATTACHMENT
Vicinity Map of Elk River Stabilization Project
2
1.0 Project Description:
1.1 Site Descriptions:
Refer to attachment for project location.
Site 1: The Forest Service manages Elk River Falls Park as a recreational area along the
left downstream bank of Elk River for about 884 feet to just upstream of Big Falls.
Adjacent to site is Forest Service Road 190. This length of bank is devoid of natural
riparian vegetation, but is planted and maintained in grass, and likely receives heavy
traffic as people access the river. Flood flows eroded much of the 884 feet of bank
leaving it over-steepened and prone to additional erosion and sedimentation into the
channel (Figure 1).
Site 2: The left bank of Elk River, from the FR 190 ford down to the confluence with
Jones Branch, has eroded and is currently over-steepened and prone to further erosion
and sediment delivery to the river (Figure 2).
t

3
I
(January 28, 2005) -
Perspective is looking upstream (January 28, 2
floodplain and is therefore a terrace. A trail is
designed to protect this streambank.
1.2 Planned Work
top of it. In-stream structures will be
Site 1, Streambank Stabilization at Elk Park upstream of Big Falls
1) Slope back banks at a 2:1 ratio (Figures 3 and 4).
2) Place clean angular boulder-size rock against bank in places.
3) Plant native woody vegetation in bank.
4) Fence entire length of bank, providing access points to the river.
Site 2, In stream structures between Forest Road 190 ford crossing of Elk River and
Jones Branch
1. Install three in-stream structures (single arm rock) to redirect streamflow away
from the bank and into the center of the channel (Figures 5 and 6).
2. Recontour the banks of the lower 200 feet of this reach to a stable grade.
3. Re-position large wood against the bank.
4. Plant woody riparian vegetation along the entire length of bank.
1.3 Site Disturbance
The largest potential disturbance area for site 1 is 2.0 acres and for site 2 is 0.8 acres.
Total potential disturbed area equals 2.8 acres. Access to site 2 entails crossing Elk River l
at the Forest Road 190 ford of Elk River. In order for the in-stream structures and large
woody debris to be placed at site 2, a track hoe will have to enter the river downstream of
the ford several times and remain in the river during construction. j
4
1.4 Property Ownership:
The project area lies entirely within National Forest Service land.
1.5 Soil Types:
• Site 1
o CtD: Cullasaja. Has a moderate erosion potential. This soil is a cobbey
loam with 15-30 % slopes and is extremely bouldery. The soil formed
from colluvium. There are many gravels, cobbles and stones present
throughout the soil column. The seasonal water table is below 6ft, but
springs and seeps are common.
o RoA: Rosman Loam. Has a slight erosion potential. This soil is a loam
with 0-3% slopes. These soils are typically found on flood plains. The
permeability is moderately rapid and the shrink-swell potential is low. The
seasonal high water table is within 2.5-5ft of the surface.
• Site 2
o EtE: Edneyville and Chestnut soils. Both are rated as being severely
erodible. These soils formed from weathered granite, schist and gneiss.
The Edneyville has a loamy surface layer with a significant amount of
gravel and a loamy subsoil, while the chestnut soils have a loamy surface
layer and subsoil. A significant amount of gravel and cobbles are present
throughout. In both soils the shrink-swell potential is low, with seasonal
water table below 6 ft.
o ReA: Reddies. Has a slight erosion potential. This soil is a fuse sandy loam
with slopes ranging from 0-3%. This soil type is frequently flooded. The
underlying material is stratified sand, gravel, and cobbles within a depth of
20-40 inches. The seasonal water table is within 2-3.5 ft.
o RsB: Rosman. This soil has a slight erosion potential. This soil is a sandy
loam with slopes ranging from 0-5%. These soils are formed in recent
alluvium. The seasonal water table is 2.5-5 ft.
2.0 Planned Erosion & Sedimentation Control Practices
2.1 BMP's Coimian to SACS I cued 2
The contractor will be directed to implement the following BMP's to control and erosion
and sediment from the work site:
A. Minimize the area and degree of soil disturbance (NCWRC, 2005), that reduces
infiltration capacity and permeability, and destroys protective forest floor and
ground cover.
1. Work will be accomplished in stages so as to not expose large areas of bare
soil simultaneously.
2. Limit clearing of vegetation to the minimum required for the project.
5
B. All hazardous materials will be stored outside of flood-prone areas and
surrounded with sediment fences to reduce the risk of materials reaching the Elk
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
2. Do not operate on wet soils 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 soil erosion. Do not operate 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 soil, or degradation of
stream bank stability.
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 coconut fiber erosion 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 long-tern erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed (NCWRC, 2005).
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 periods.
1. Check for potentially damaging or failing situations that may cause
unacceptable water quality impacts.
2. Correct failing situations as soon as practical.
1. Conduct visual inspections of Elk River while the work is being conducted to
inspect turbidity.
2.2 Site 1
J. Install sediment fences at the toe of all disturbed banks to trap potential sediment.
K. Construct a berm of sand bags at the water's edge to divert runoff away from the
project site.
2.3 Site 2
6
L. The Forest Road 190 ford of Elk River will be hardened as well as both entrances
into the ford.
M. Minimize the number of times required to cross Elk River to reach the left
downstream bank (site of in-stream structures).
N. Cross the stream and conduct activities during periods of low flow.
0. 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.
2.4 Maintenance Plan
1. All erosion and sediment control practices will be checked for stability and
operation prior and after runoff-producing rainfall events.
2. Routine monitoring of the entire site will occur weekly.
3. Any needed repairs will be made immediately to maintain all practices as
designed.
4. Sediment will be removed from behind the sediment fence when it becomes
approximately 0.5 feet deep at the fence. The sediment fence will be repaired as
necessary to maintain a protective barrier between the stream and the area of
disturbance.
5. Temporary barrier structures will be inspected on a daily basis to insure
functionality.
6. All seeded areas will be reseeded as necessary during the dormant season, and
mulched to maintain a vigorous, dense vegetative cover.
7. Continue to minimize access to the property. This will prevent damage to already
re-vegetated areas.
2.5 Permanent Erosion and Sediment Control
Only natural stream design materials will be used for permanent stabilization, which may
include but not be limited to annoring stream banks with clean angular boulders (>3' in
size). In addition, planting of native riparian vegetation such as silky dogwood,
rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, and
sycamore will take place (NCWRC, 2005).
3.0 Reference
North Carolina Wildlife Resources Commission (NCWRC). 2005. Memo to Steve
Chapin, Permit Coordinator with USACE from Ron Linville, Regional Coordinator with
NCWRC. Subject: US Forest Service, Elk River Park Bank Stabilization, Elk River,
Avery County. August 29, 2005.
7
Figures
Site I
Plan View-
e
Sloped back bank& planted rparia n area
Gross Section View r
o Picnic area
C attractive fencing
Ea 0 0 e It =ON 'j' m
r , CD
clarlelbo= 'n
it O
Y' w Q.
yt'a w
t?4 m 8
> I
?
Key.
.. hardened access poin to river
V = boulder (3' pIus in size)
=planted trees r}?
?' ?yyY
ttC =planted shrubs `hi-
{
tt
North
Elk N16
Figure 3. Site 1. Elk River Stream Bank Stabilization Project Site Map. Elk River is 80
feet wide at this site.
8
Excavate bank material and place som e
between bank and rock vane on the upstream
side and the remainder would be hauled off
site.
4 foot
2 foot
Sediment fence 9
too of bank
Wator
Excavate bank @ a 2:1 slope
Figure 4. Example of sloping back of stream batik at site 1.
9
Site 2
• •? Plan VIeW-Elk River Proiect
? ? bas.
? ? ,? N

LL i
?? r?. Nottoscale I I'
? ?? `? Stream weymenthFord / aI I '
Flpvte2 s__s_ Heavy --' er .10
t{ equipment
1 cows I I`T+?.
? ` 1l sa..a .:a I /...
.01
Jones©ranch Ir •~••
70 feet
548 f eet
Figure S. Site 2: Site Plan of in-stream structures.
10
,
.
.

.
? b Single Arm
td Rock Vane
footer rock
r on Alluvial Bed
-Plan View-
?
r
r
it:s aek
JAN G

,

1
rm
k
. k/JIM n

top rock

Single Arm Rock Vane
on Alluvial Bed
-Cross-section View-
looking downstream
i ? b+N
rJ bankfuli elevation

dmnel'• W
profile'.'-'-'-'
to
footer rocks a 3T s..)
Figure 6. Example of a Rock Vane as proposed at site Z
11
Single Arm Rock Vano
on Alluvial Bed
-Profile View-
- ??? _ .. nk ul otevati I
1r3 -
top rocks c>scd_e)
h "p
- - - - ----- --- - - - - -
pro6la ?- ..........
....r- - !i
footor rocks
Figure 6 continued
12

?eds ?01 VJQ 10131aS'
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200532836 County: Avery USGS Quad: Elk Park 7 0
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: U.S. Forest Service, Attn: Monica Schwalbach
Address: P.O. Box 2750
Asheville, NC 28802-2750 D ?????? 1111
Telephone No.: 1=J
? r 2005
Size and location of property (water body, road name/number, town, etc.): Elk River P.. k bank
Stabilization Proiect. v4ATERQUALITY
H
?",'ETII,I+DS I?tD STO,?t!?dJATER BRAt1C
Description of projects area and activity: This permit authorizes stabilization o approx. 1,400 LF of
severelV eroded streambanks alonll the Elk River utilizin1l bioenj!ineerinj! techniques.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Perr iit Number:
Nationwide Permit Number: 13
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, the attached August 29, 2005 North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWP's are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of the changes to the NWP's. We will issue a public notice when the NWP's are reissued. Furthermore, if
you commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
NeCcjej to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
ertification. You should contact the NC Division of Water Quality (telephone [phone]) to deterniine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x232.
Corps Regulatory Official Steve Chapin Date: September 1, 2005
Expiration Date of Verification: March 15, 2007
t i
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Elk River>Watauga River
Corps Regulatory Official: Steve Chapin
Date September 1, 2005

..11/
Permit Number:
Permit Type
Name of County:
Name of Permittee:
Date of Issuance:
Project Manager:
200532836
NW 13
Avery
USFS
Septemberl, 2005
Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
L J
Or-
7 &1
• ?.? ' i•? ,el l?Yll] r.+,7 i??? ? 's., t?R ?' .?,? •+?
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator Need 4-p c lo Md SSe.I Su rvt?q
Asheville Office, U.S. Army Corps of Engineers
,?? 1?10CG?lm l? r'A.ctSSGr? tV?r?1?
FROM: Ron Linville, Regional Coordinator '
Habitat Conservation Program WorEe ?e thS
DATE: August 29, 2005
SUBJECT: US Forest Service, Elk River Park Bank Stabilization, Elk River, Avery County
The US Forest Service is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project
area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466
et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project is indicated to stabilize 884 linear feet of the upper Elk River site and 500 linear feet of the lower site at
Forest Road 11 190. The Bidentate dome, Ventridens coelaxia (NCSC), the Honey glyph, Glyphyalinia vanattai
(NCSC), and the Banded sculpin, Cottus carolinae (NCT) are known for Elk River.
Based on the information provided by the applicant and our knowledge on the range of trout in the project area, we
do not believe this project will cause significant effects to waters supporting trout. Therefore, we will not object to
the project as proposed providing state-of-the-art natural channel design and techniques are used for the project and
native plants are used for long-term stabilization.
The following general recommendations are provided for hurricane damage stream stabilization project, which
should be followed to the extent practicable for this public land project.
1. 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 areas 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. Because of difficulty in
establishing ground cover during colder months, 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.
2. 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
mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
USFS Elk Rivcr Park Restoration
August 29, 2005
constructed wherever appropriate on bank stabilization and realigned stream channel reaches to improve
channel stability and aquatic habitat. Any 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.
3. Channels should be restored to more stable and natural conditions. However, under no circumstances should
river rock, sand or other materials be dredged from the stream channels 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
armoring. 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 areas should not be modified by widening the stream channel
or changing its depth.
4. 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 constructed because they block the floodplain, constrict and accelerate flood
flows, and often erode and impede drainage during large flood events.
5. Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags or other clean
diversion structures should be used where possible to minimize excavation in flowing water. Channel
realignments and rock debris removals should be constructed by excavating from downstream to upstream
before reconnecting to stream flow at the upper end of the site.
6. 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 channels must be
clean, new or low hour equipment. Mussel surveys and relocation must be prior to equipment working in
channels.
7. Disturbed stream banks and a twenty-foot (25) vegetated zone, or ,he widest width practical, should be restored
where possible along the repair 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) in order 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.
8. Hard stabilization measures should be avoided whenever possible in favor of natural channel design
(bioengineering) techniques. In order to restore aquatic functions that were diminished or lost during recent
flood events, project design and construction activities should not exclude the installation of bioengineering
devices like j-hooks, rock vanes and/or rock weirs using state-of-the-art natural channel design techniques
where such structures will restore stability as well as restore fish holding habitats and channel structure.
9. If pasturage or anthropomorphic impacts are occurring along the stream, a fence should be constructed outside
of the buffer area to prevent livestock from entering these areas. Although a 50' - 100' buffer is preferred, a
minimum twenty-five (25) foot buffer should be restored and protected.
10. Instream work in areas supporting listed threatened or endangered species must be coordinated with the US Fish
and Wildlife Service.
?4nl s? s +?.Ma?wt ho l64d s? ?.« S
Thank you for the opportunity to review and comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
Cc: Kevin Barnett, DWQ-ARO
Office Use Only: Form Version March 05
-? , X21 7
USACE Action ID No. DWQ No. p
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit Number
13/General Permit #3495
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant Information
Name:
Maurisue Hillard
JAN 3 12006
Mailing Address: U.S. Forest Service oEW«-tvaHFk
National Forests in North Carolina wr 0 "?`lw'31LRBRMCht
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 Dodd
Company Affiliation: U.S. Forest Service
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
Page 1 of 9
E-mail Address: bdodd(a,fs.fed.us
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Elk River Park Bank Stabilization
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN)
N/A
4. Location
County: Avery Nearest Town: Elk Park
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Elk Park, take State Route
1305, which becomes Forest Road 190. This proposed project begins where the Forest
boundary and the Elk River intersect. Looking downstream the project is on the left bank.
The A second portion of this proposed project begins .7 miles further down Forest Road 190
where this road crosses the Elk River. Looking downstream, the project is on the left bank.
5. Site coordinates, if available (UTM or Lat/Long): 36° 11' 52" 81° 58' 10"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): N/A National Forest System Lands
7. Nearest body of water (stream/river/sound/ocean/lake): Elk River
8. River Basin: Wa
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr.statc.iie.us/admiii/maps/.)
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Flood flows associated with hurricanes or September 2004
eroded much of the 900 feet of the left bank of (looking, downstream) at the recreation area
above Elk Falls leavingL it over-steepened and prone to additional erosion. The same thing
occurred to a lesser extent to 500 feet of left bank (looking downstream) below the ford on
Forest Road 190. (Please see attached map.)
10. Describe the overall project in detail, including the type of equipment to be used: From
bank full elevation and up, slope back banks to a 1 foot rise to a 2 foot run. Place boulder
size rock at bank full in configlurations of three to five rocks. Approximately 15 rock
structures will be placed at the Elk River Park site. Bank sloping, root wad and boulder
placement will be done with a tracked excavator. Woody riparian vegetation will be planted
on banks. All disturbed areas will be seeded and mulched. Entire length of bank at Elk River
Park will be fenced, providing access points to the river. The tracked excavator will be in the
river at the lower site to place boulders and root wads. Banks at lower site will not be sloped.
Boulders will be shot granite and approximately 36 inches in diameter. Three to four rock
vanes will be constructed on the lower Elk River site. (Please see attached typical rock
vane.) This material will come from the quarry in Boone, NC. (Please see attached photos
displaying proposed work to be done.)
11. Explain the purpose of the proposed work: Stabilize and protect the stream bank.
IV. Prior Project History
If jurisdictional detenninations 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 pen-nit 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
Page 3 of 9
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts to the Elk River include a
temporary increase in turbidity due to the mechanical slopping of banks, placement of
boulders and hand planting of woody riparian materials on the newly slopped banks.
Temporary disturbance will occur as three axel trucks deliver rock and a tracked excavator
enters the channel to place the rock and root wads to the lower site. The existing ford on the
Elk River on Forest Road 190 will have to be improved as it was damaged by flooding
associated with hurricanes of September 2004. Positive impacts are expected as the sites
stabilize as a result of the proposed work.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***

* List each impact separately and identity temporary impacts. Impacts include, nut are not Imitea to: mecnamzea cieanng, graarng, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www. fema. gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Page 4 of 9
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif
Site 1 Streambank
Disturbance 884 Elk River Perennial
Site 2 In-channel
structures 500 Elk River Perennial

* 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.us s. ,o v. Several intemct sites also allow direct download and printing of USGS maps (e.g., www.toporone.com,
www.mapduest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 884 ft. (upper site at Elk
R. Park) and 500 ft. (lower site below ford on Forest Road 190)
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.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Page 5 of 9
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Work will not be conducted on rainy days nor at elevated levels of flow. Trout species spawn
October through April and that time period will be avoided for in stream work.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp://h2o.enr.state.ne.us/ncwet]ands/stnngidc.litm1.
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
Page 6 of 9
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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:/lh2o.enr.state.ne.us/wm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes X No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval, letter.
Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 7 of 9
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify, )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
Lone 1 extends out .3U tect perpendicular trom near bank of channel; Lone L extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
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.
N/A
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.
N/A
Page 8 of 9
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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/3
05
J Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
t-
o ms`s United States
Department of
Agriculture
File Code: 1230
Route To: (2500)
Subject: Delegation of Authority
To: Brady Dodd
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
828-257-4200
Date: October 12, 2005
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.
MARISUE HILLIARD
Forest Supervisor
Forest National Forests in
Service North Carolina
Caring for the Land and Serving People Printed on Recycled Paper ?a
52 1 7p
Elk River Stream Stabilization Project (VWA7 and VWA8)
SITE PLAN
Avery County, North Carolina
Appalachian Ranger District
FL,;ur :?cryitf
'?i?MF 410f prz: ? G?'
USDA Forest Service
National Forests in North Carolina
160A Zillicoa Street, P.O. Box 2750,
Asheville, NC 28802
Prepared by
Brady Dodd, Hydrologist, National Forest in NC
Andrew Breibart, Hydrologist, Lake Tahoe Basin Management Unit
TABLE OF CONTENTS
Section Page
1.0 Project Description 3
1.1 Site Description 3
1.2 Planned Work 4
1.3 Site Disturbance 4
1.4 Property Ownership 5
1.5 Soil Types 5
2.0 Planned Erosion and Sedimentation Practices 5
2.1 BMP's Common to Sites 1 and 2 5
2.2 BMP's specific to Site 1 6
2.3 BMP's specific to Site 2 7
2.4 Maintenance Plan 7
2.5 Permanent Erosion and Sediment Control Plan 7
3.0 References 7
LIST OF FIGURES
Figure 1. Site 1: Elk River Stabilization Project -left downstream bank. 3
Figure 2. Site 2: Elk River downstream of the Forest Road 190 ford of
Elk River. Perspective is looking upstream. 4
Figure 3. Site 1: Elk River Stream Bank Stabilization Project Site Map. 8
Figure 4. Example of sloping back of stream bank. 9
Figure 5. Site 2: Site Plan of in-stream structures. 10
Figure 6. Example of a Rock Vane as proposed. 11
Figure 6. continued 12
ATTACHMENT
Vicinity Map of Elk River Stabilization Project
2
1.0 Project Description:
1.1 Site Descriptions:
Refer to attachment for project location.
Site 1: The Forest Service manages Elk River Falls Park as a recreational area along the
left downstream bank of Elk River for about 884 feet to just upstream of Big Falls.
Adjacent to site is Forest Service Road 190. This length of bank is devoid of natural
riparian vegetation, but is planted and maintained in grass, and likely receives heavy
traffic as people access the river. Flood flows eroded much of the 884 feet of bank
leaving it over-steepened and prone to additional erosion and sedimentation into the
channel (Figure 1).
Site 2: The left bank of Elk River, from the FR 190 ford down to the confluence with
Jones Branch, has eroded and is currently over-steepened and prone to further erosion
and sediment delivery to the river (Figure 2).
3
Figure 1. Site 1 Elk River Stabilization Project -left downstream bank.
(January 28, 2005)
Perspective is looking upstream (January 28, 2005). This left bank is above the
floodplain and is therefore a terrace. A trail is on top of it. In-stream structures will be
designed to protect this streambank.
1.2 Planned Work
Site 1, Streambank Stabilization at Elk Park upstream of Big Falls
1) Slope back banks at a 2:1 ratio (Figures 3 and 4).
2) Place clean angular boulder-size rock against bank in places.
3) Plant native woody vegetation in bank.
4) Fence entire length of bank, providing access points to the river.
Site 2, In-stream structures between Forest Road 190 ford crossing of Elk River and
Jones Branch
1. Install three in-stream structures (single arm rock) to redirect strearnflow away
from the bank and into the center of the channel (Figures 5 and 6).
2. Recontour the banks of the lower 200 feet of this reach to a stable grade.
3. Re-position large wood against the bank.
4. Plant woody riparian vegetation along the entire length of bank.
1.3 Site Disturbance
The largest potential disturbance area for site 1 is 2.0 acres and for site 2 is 0.8 acres.
Total potential disturbed area equals 2.8 acres. Access to site 2 entails crossing Elk River
at the Forest Road 190 ford of Elk River. In order for the in-stream structures and large
woody debris to be placed at site 2, a track hoe will have to enter the river downstream of
the ford several times and remain in the river during construction.
4
Figure 2. Site 2: Elk River downstream of the Forest Road 190 ford of Elk River.
1.4 Property Ownership:
The project area lies entirely within National Forest Service land.
1.5 Soil Types:
• Site 1
o CtD: Cullasaja. Has a moderate erosion potential. This soil is a cobbly
loam with 15-30 % slopes and is extremely bouldery. The soil formed
from colluvium. There are many gravels, cobbles and stones present
throughout the soil column. The seasonal water table is below 6ft, but
springs and seeps are common.
o RoA: Rosman Loam. Has a slight erosion potential. This soil is a loam
with 0-3% slopes. These soils are typically found on flood plains. The
permeability is moderately rapid and the shrink-swell potential is low. The
seasonal high water table is within 2.5-5ft of the surface.
• Site 2
o EtE: Edneyville and Chestnut soils. Both are rated as being severely
erodible. These soils formed from weathered granite, schist and gneiss.
The Edneyville has a loamy surface layer with a significant amount of
gravel and a loamy subsoil, while the chestnut soils have a loamy surface
layer and subsoil. A significant amount of gravel and cobbles are present
throughout. In both soils the shrink-swell potential is low, with seasonal
water table below 6 ft.
o ReA: Reddies. Has a slight erosion potential. This soil is a fine sandy loam
with slopes ranging from 0-3%. This soil type is frequently flooded. The
underlying material is stratified sand, gravel, and cobbles within a depth of
20-40 inches. The seasonal water table is within 2-3.5 ft.
o RsB: Rosman. This soil has a slight erosion potential. This soil is a sandy
loam with slopes ranging from 0-5%. These soils are formed in recent
alluvium. The seasonal water table is 2.5-5 ft.
2.0 Planned Erosion & Sedimentation Control Practices
2.1 BAIP's Common to Sites I acrd 2:
The contractor will be directed to implement the following BMP's to control and erosion
and sediment from the work site:
A. Minimize the area and degree of soil disturbance (NCWRC, 2005), that reduces
infiltration capacity and penneability, and destroys protective forest floor and
ground cover.
1. Work will be accomplished in stages so as to not expose large areas of bare
soil simultaneously.
2. Limit clearing of vegetation to the minimum required for the project.
5
B. All hazardous materials will be stored outside of flood-prone areas and
surrounded with sediment fences to reduce the risk of materials reaching the Elk
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.
2. Do not operate on wet soils 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 soil erosion. Do not operate 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 soil, or degradation of
stream bank stability.
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 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 long-term erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed (NCWRC, 2005).
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 periods.
1. Check for potentially damaging or failing situations that may cause
unacceptable water quality impacts.
2. Correct failing situations as soon as practical.
1. Conduct visual inspections of Elk River while the work is being conducted to
inspect turbidity.
2.2 Site 1:
J. Install sediment fences at the toe of all disturbed banks to trap potential sediment.
K. Construct a berm of sand bags at the water's edge to divert streamflow away from
the project site.
6
2.3 Site 2:
L. Minimize the number of times required to cross Elk River to reach the left
downstream bank (site of in-stream structures).
M. Cross the stream and conduct activities during periods of low flow.
N. Use a skilled heavy equipment operator, trained in stream restoration and
construction of in-stream structures. Instruct the operator to minimize disturbance
to the streambed.
2.4 Maintenance Plan:
1. All erosion and sediment control practices will be checked for stability and
operation prior and after runoff-producing rainfall events.
2. Routine monitoring of the entire site will occur weekly.
3. Any needed repairs will be made immediately to maintain all practices as
designed.
4. Sediment will be removed from behind the sediment fence when it becomes
approximately 0.5 feet deep at the fence. The sediment fence will be repaired as
necessary to maintain a protective barrier between the stream and the area of
disturbance.
5. Temporary barrier structures will be inspected on a daily basis to insure
functionality.
6. All seeded areas will be reseeded as necessary during the dormant season, and
mulched to maintain a vigorous, dense vegetative cover.
7. Continue to minimize access to the property. This will prevent damage to already
re-vegetated areas.
2.5 Permanent Erosion and Sediment Control:
Only natural stream design materials will be used for permanent stabilization, which may
include but not be limited to armoring stream banks with clean angular boulders (>3' in
size). In addition, planting of native riparian vegetation such as silky dogwood,
rhododendron, doghobble, red maple, silky willow, tag alder, black willow, and sycamore
will take place (NCWRC, 2005).
3.0 Reference
North Carolina Wildlife Resources Commission (NCWRC). 2005. Memo to Steve
Chapin, Permit Coordinator with USACE from Ron Linville, Regional Coordinator with
NCWRC. Subject: US Forest Service, Elk River Park Bank Stabilization, Elk River,
Avery County. August 29, 2005.
7
Figures
Site I
Plan View- Elk Rarer Falls Park "'Sloped back bank. & planted riparian area
fS(?[_Gertftorr23?j
(" trig ? 1
Cross Section View
' 4et t? o Picnic area
r ?r
m
attractive fencing 0
earRnlitit ranor ' Co
CD
fi?u _ M l ) m
CiaI I elbottem t `,{ o
? a
Ke,r: +
5C ?l hardened access point to river
O =boulder (3' plus in size) «r rt
= planted trees
ryvr
ll1
>', = planted shrubs
North
Elk Fal Is
Figure 3. Site 1. Elk River Stream Bank Stabilization Project Site Alap. Ellc River is
80 feet wide at this site.
8
Excavate bank material and haul off site.
4 feet
2 feet
Sediment fence @
toe of bank
Water
sandbags
xcavate bank @ a 2:1 slope
Figure 4. Example of sloping back of stream bank at site 1.
9
Site 2
\ Plan View-Elk River Proiect
\ ab
\ ` \ N
\
/

Nottoscale
G \ /

\ \ Stre am Segment in
Fi
ure 2 Ford
?
f / • i /
g Heavy •

access
•

.. •
Jones Branch •?
70 feet
546 feet
Figure S. Site 2: Site Plait of in-stream structures.
10
i
/
I /
/
co.wc?.a pod
/
/ Single Arm
' Rock Vane
footer rock on Alluvial Bed
-Plan View -
a
/
pe k
3 ^ an-
0Eo to .n..yi
y / ..k/u1.7
N
top rock
Single Arm Rock Vane
on Alluvial Bed
-Cross-section View-
looking downstream
m e.l.w?
ankfull elevation 141
g
channer'.
profile' ................... ........ .... . --
top rocks (> 36'.m)
footer rocks (> 36-.m)
Figure G. Example of a Rock Vane as proposed at site 2.
11
Single Arm Rock Vane
on Alluvial Bed
-Profile View-
-
B
o m top rocks (136-W-)
- - - - - - - - - - - -
-fl- A
channel
profile --•. ' ?/ ........
footer rocks r 36' ?_.
Figure 6. continued.
12
I`t u Ll U La-i 4
Attachment
Vicinity Map: Elk River Project (VWATand VWA8)
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A 0 0.15 0.3 0.6 Miles AUS.
USGS 7.5 Minute 1 inch equals 0.188403 miles North Carolina Forests
Quadrangle Elk Park Appalachian Ranger District
L . % .
/Vecd.s ?QCir? ? c? pi-? /0?3?04
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200532836 County: Averv
USGS Quad: Elk Park
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: U.S. Forest Service. Attn: Nlonica Schw. ??
Address: P.O. Box 2750
Asheville, NC 28802-2750 DEC g 2005
Telephone No.: Q?pLITY
pENR-pST Rt!'?4ATERBRFJICH
Size and location of property (water body, road name/number, town, etc.): Elk Rive)N"kS13.ink
Stabilization Proiect.
Description of projects area and activity: This permit authorizes stabilization of approx 1,400 L F of
severely eroded streambanks along the Elk River utilizing bioengineering techniques
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 13
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, the attached August 29, 2005 North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWP's are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of the changes to the NWP's. We will issue a public notice when the NWP's are reissued. Furthermore, if
you commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
- to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
ertification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x232.
Corps Regulatory Official Steve Cha in Date: September 1, 2005
Expiration Date of Verification: March 15, 2007
J
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued - Action ID
Basis of Jurisdictional Determination: Elk River>Watau a River
Corps Regulatory Official: Steve Chapin
Date September 1. 2005

Permit Number:
Permit Type:
Name of County:
Name of Permittee:
Date of Issuance:
Project Manager:
200532836
NW 13
Avery
USFS
Septemberl, 2005
Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

CC • '? ..- , ? ,fir
1y Y may'
'ij1t"'?".f -I? +? 1y? '4 t•lir? ? i A' t 1 ^.+4,
'a-,? '? t . .
9 North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator `
Asheville Office, U.S. Army Corps of Engineers Neeed M(occdJavI 0 r " ?(/? SSe.I Su rVU?
FROM: Ron Linville, Regional Coordinator
Work 6ej;Y,s ,
Habitat Conservation Program
DATE: August 29, 2005
SUBJECT: US Forest Service, Elk River Park Bank Stabilization, Elk River, Avery County
The US Forest Service is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project
area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466
et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project is indicated to stabilize 884 linear feet of the upper Elk River site and 500 linear feet of the lower site at
Forest Road # 190. The Bidentate dome, Ventridens coelaxia (NCSC), the Honey glyph, Gl}phyalinia vanattai
(NCSC), and the Banded sculpin, Cottus carolinae (NCT) are known for Elk River.
Based on the information provided by the applicant and our knowledge on the range of trout in the project area, we
do not believe this project will cause significant effects to waters supporting trout. Therefore, we will not object to
the project as proposed providing state-of-the-art natural channel design and techniques are used for the project and
native plants are used for long-term stabilization.
The following general recommendations are provided for hurricane damage stream stabilization project, which
should be followed to the extent practicable for this public land project.
1. 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 areas 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. Because of difficulty in
establishing ground cover during colder months, 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.
2. 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
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator Need TO c lo N1 ll SSe.I Su rvvq G
Asheville Office, U.S. Army Corps of Engineers S t-G?OCc?IM l? ??SSGr+? tJ?? I-C
FROM: Ron Linville, Regional Coordinator work ?Cg l?5
Habitat Conservation Program
DATE: August 29, 2005
SUBJECT: US Forest Service, Elk River Park Bank Stabilization, Elk River, Avery County
The US Forest Service is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project
area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466
et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project is indicated to stabilize 884 linear feet of the upper Elk River site and 500 linear feet of the lower site at
Forest Road # 190. The Bidentate dome, Yentridens coelaxia (NCSC), the Honey glyph, Gljphyalinia vanattai
(NCSC), and the Banded sculpin, Coitus carolinae (NCT) are known for Elk River.
Based on the information provided by the applicant and our knowledge on the range of trout in the project area, we
do not believe this project will cause significant effects to waters supporting trout. Therefore, we will not object to
the project as proposed providing state-of-the-art natural channel design and techniques are used for the project and
native plants are used for long-term stabilization.
The following general recommendations are provided for hurricane damage stream stabilization project, which
should be followed to the extent practicable for this public land project.
1. 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 areas 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. Because of difficulty in
establishing ground cover during colder months, 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.
2. 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
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
USFS Elk River Park Restoration
3.
4.
5.
6.
7.
8.
9.
August 29, 2005
constructed wherever appropriate on bank stabilization and realigned stream channel reaches to improve
channel stability and aquatic habitat. Any 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.
Channels should be restored to more stable and natural conditions. However, under no circumstances should
river rock, sand or other materials be dredged from the stream channels 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 arc unstable in flowing-water situations and are unsuitable for bank
armoring. 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 areas should not be modified by widening the stream channel
or changing its depth.
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 constructed because they block the floodplain, constrict and accelerate flood
flows, and often erode and impede drainage during large flood events.
Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags or other clean
diversion structures should be used where possible to minimize excavation in flowing ,vatcr. Channel
realignments and rock debris removals should be constructed by excavating from downstream to upstream
before reconnecting to stream flow at the upper end of the site.
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 channels must be
clean, new or low hour equipment. Mussel surveys and relocation must be prior to equipment working in
channels.
Disturbed stream banks and a twenty-foot (25) vegetated zone, or the widest width practical, should be restored
where possible along the repair 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) in order 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.
Hard stabilization measures should be avoided whenever possible in favor of natural channel design
(bioengineering) techniques. In order to restore aquatic functions that were diminished or lost during recent
flood events, project design and construction activities should not exclude the installation of bioengineering
devices like j-hooks, rock vanes and/or rock weirs using state-of-the-art natural channel design techniques
where such structures will restore stability as well as restore fish holding habitats and channel structure.
If pasturage or anthropomorphic impacts are occurring along the stream, a fence should be constructed outside
of the buffer area to prevent livestock from entering these areas. Although a 50' - 100' buffer is preferred, a
minimum twenty-five (25) foot buffer should be restored and protected.
10. Instream work in areas supporting listed threatened or endangered species must be coordinated with the US Fish
and Wildlife Service.
S? S arrt ho
Tr- S
hank you for the opportunity to review and comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
Cc: Kevin Barnett, DWQ-ARO
A r?9p?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimck, P.E., Director
Division of Water Quality
Colcen H. Sullins, Deputy Director
Division of Water Quality
December 9, 2005
DWQ #2005-2170
Avery County
CERTIFIED MAIL
US Forest Service
Attn: Brady Dodd
National Forests in NC
PO Box 2750
Asheville, NC 28802-2750
Subject: Elk River Park Bank Stabilization
Application Sets & Fee
Mr. Dodd:
On December 8, 2005 the Wetlands/401 Unit of the Division of Water Quality received your 401 Water Quality
Permit Application for a NW 13 (WQC GC3495) in Avery County, North Carolina. In reviewing the application,
you are requesting written concurrence for 1384 linear feet of stream impact. WQC GC3495 states when "stream
stabilization projects that include the use of any structure or fill in the existing stream bed or disturb
greater than 500 feet of stream bank that are proposed under the General Certification require written
application to and approval from the Division of Water Quality."
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. 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.
In addition, DWQ requires five (5) full application sets for the review process. Please submit with your payment
an additional four (4) PCN application sets. Your project has been placed on hold until all criteria has been met.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
CU
Cyndi Karoly
CBK/1id
cc: File copy
Central Files
20052170 Elk River Park (Avery) Hold for Fee_Scts
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://l12o.enr.state.ne.tis/ncwetlands)
Customer Service #: 1-877-623-6748
ML b 9"R; -
e
United States
Department or
* Agriculture
Forest National Forests in I60A Zillicoa Street
Service North Carolina I'.O. Box 2750
Asheville, NC 28802
File Code: 2530-3
Cyndi Karoly
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Scrvice Center
Raleih, NC
27699-1650 1) 0
Dear Ms Karoly:
Qaate: December 5, 2005
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0 5 2 1 7 0
This letter is to request Section 401 Water Quality Certification from the North Carolina
Division of Water Quality for the US Forest Service project: Elk River Park Bank
Stabilization (VWA7 and VWA8). This project is located on the Elk River within the Pisgah
National Forest in Avery County, North Carolina. The US Forest Service intends to
rehabilitate and stabilize 1,400 linear feet of stream channel damaged during the fall of 2004
Ilood events. The overall objective of' the project is to reduce streambank erosion and
sedimentation to Elk River. Project tasks to accomplish these objectives include the
followin-:
Site 1, Streambank Stabilization at Elk Park upstream of Big Falls
1) Slope back banks.
2) Place clean angular boulder-size rock against bank in places.
3) Plant naive woody vegetation in bank.
4) Fence entire length of bank, providing access points to the river.
Site 2, Rock Vanes between Forest Road 190 ford crossing of Elk River and Jones
Branch
1. Install three m-stream structures (single arm vanes) to redirect streamllow away from
the bank and into the center of the channel
2. Recontour the banks of the lower 200 I'eet of this reach to a stable grade and place
existing large woody debris against the bank.
3. Plant woody riparian vegetation along the entire length of bank.
Enclosed are the i*ollowing documents:
• Application for 401 Water Quality Certification.
7 copies of Section 404 Nationwide Permit 13 (Permit Number 200532836).
• 7 copies of Letters of Concurrence from the North Carolina Wildlife Resources
Commission to the U.S. Army Corps of Engineers regarding the U.S. Forest Service's
2005
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Application for a Section 404 Nationwide Permit 13.
• Vicinity Map of Sites 1 and 2 on Elk River.
• Site plans for sites 1 and 2 on Elk River.
• A copy of the erosion and sediment control plan.
• A check made payable to the Division of Water Quality for $475.00.
If you have any questions, please contact me at 828-257-4214 or [e-mail]
Sincerely,
Brady N. Dodd
Forest Hydrologist
cc: NC Storm Recovery Team