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HomeMy WebLinkAbout20060327 Ver 1_COMPLETE FILE_20060516O?O? W AT a?9QG > ((Qm Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division or WatcrQtrality June 26, 2006 Marisue Hilliard, Forest Supervisor National Forests in North Carolina Post Office Box 2750 Asheville, NC 28802-2750 DWQ Project # 06-0327 Version 2 Transylvania County Subject Property: Davidson River Stream Bank Stabilization Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hilliard: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 262 linear feet of streams for the purpose of stream stabilization at the subject property, as described within your application modification received by the N.C. Division of Water Quality (DWQ) on May 16, 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: 919-733-17861 FAX 919-733-6893 /Internet: www.ncwaterguality.org A i? 1J C D E a An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Davidson River Version 2 Page 2 of 6 June 26, 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 262 feet Davidson 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. Davidson River Version 2 Page 3 of 6 June 26, 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 Davidson River Version 2 Page4 of 6 June 26, 2006 stream channel under authorization of this permit except, if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for reestablishing the natural and more stable stream channel dimensions. Stream bed materials are unstable in flowing- water situations and are unsuitable for bank stabilization. In stream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the stream upstream and downstream of the permitted area should not be modified by widening the stream channel or changing its depth. No backfilling of stream bed materials is allowed under this authorization. 10. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable stream bank areas in a natural condition. Grading and backfilling should be minimized and tree and shrub growth should be retained where possible to ensure long term availability of stream bank cover for aquatic life and wildlife. Backfill materials should be obtained from upland sites except in cases where excess stream bed materials are available. Berms should not be permitted because they block the floodplain, constrict and accelerate flood flows, and often fail and sometimes impede drainage during large flood events. 11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or other clean diversion structures should be used to minimize excavation in flowing water. Channel realignments should be constructed by excavating the new channel from downstream to upstream before connecting it to the old channel. 12. Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. Exposure of equipment to surface waters must be minimized to the maximum extent possible. 13. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout Stream Classification regulations), or the widest width that is practical under the site conditions, must be restored along the construction sites to natural riparian conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long- term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. Replanting of vegetation within disturbed areas located within 30 feet of the streambank associated with any land disturbing activity, repair, replacement and/or maintenance must be done in a manner consistant with the Guidelines for Riparian_ Buffer Restoration immediately following construction. (Please see attached.) 14. If pasture along the stream is to be used for grazing, a fence must be constructed outside of the riparian zone and the stream to prevent livestock from entering these areas. Davidson River Version 2 Page 5 or 6 June 26, 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. 18. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Asheville Regional Office by phone at 828-296-4657 within 10 days of the commencement of construction. 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. Davidson River Version 2 Page 6 of 6 June 26,2006 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, 1 ? Alan W. Klimek, P.E., Director Division of Water Quality AWK/khb Enclosures: GC 3495 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 r,-' DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 06-0327Ver2.US FS. David son Rive r.Approval 813@r2-, fl -1 -1 JUN 3,0 7 0006 ,..r d?N;; s ?'?trC Triage Check List Date: 6/07/06 Project Name: Davidson River Bank Stabilization VWP16 DWQ #:06-0327, Ver. 2 County: Transylvania Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 6/05/06 to 8/03/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! o o?? United States Forest National Forests in 160A Zillicoa Street '(,? Department of Service North Carolina P.O. Box 2750 °"' Agriculture Asheville, NC 28802 File Code: 2530-3 Date: May 31, 2006 Cyndi Karoly North Carolina Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center 1 i Raleigh, NC 27699-1650 Dear Ms. Cyndi Karoly: This letter is in response to your "Request for more information" letter dated May 22, 2006 for project DWQ # 06-0327 V2, U.S. Forest Service project: Davidson River Bank Stabilization near English Chapel (VWPl6). Your letter requested a change in the application fee from the submitted $200.00 to $ 475.00. Attached is the check for $475.00. Thank you for your patience. If you require any additional information, please contact me at 828-257-4214. Sincerely, Brady N. Dodd Forest Hydrologist ? C = IAS D .l?_?;? 6 2006 1'rcT'.;.,, S i t-;:; :TER EPJ 2H Caring for the Land and Serving People Pnnled on Recycled Paper \ NA TF9p Michael F. Easley, Governor ?? ^ UG G William G. Ross Jr., Secretary UJ North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 22, 2006 Transylvania County DWQ # 06-0327 V2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED US Forest Service Attn: Marisue Hilliard PO Box 2750 Asheville North Carolina 28802-2750 L? Subject Property: Davison River Bank Stabilization VWP16 Application Permitting Fee REQUEST FOR MORE INFORMATION Dear Ms. Hilliard: On May 16, 2006 the Division of Water Quality (DWQ) received your application dated May 9, 2006, to impact perennial stream bed and stream bank for the Davidson River Bank Stabilization project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Please provide the following information so that we may set up and review your project. Additional Information Requested: 1. Application Permitting Fee You have proposed impacts of 1501f for stream bed excavation and 112 if for stream bank excavation. 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. We are returning your check for fee correction. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.ne.us/newetlands No One hCarolina ?turally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper or Review Permitting Unit CBK/1jd Enclosures: Check # 1757 for $200 cc: US Forest Service, Brady Dodd, PO Box 2750, Asheville, NC 28802-2750 File Copy + Check Copy Central file + Check Copy Filename: 060327DavisonRiverVwP16(Transylvania)_Fee request ... ,? s :: ..' "V? __ ..._? . .1 5 Db-0327 Y9, United States Department of Agriculture File Code: 2530-3 Date: May 9, 2006 Cyndi Karoly North Carolina Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Cyndi Karoly: This letter is to request Section 401 Water Quality Certification for a modification to the U.S. Forest Service project: Davidson River Bank Stabilization near Englisli Chapel (VWP16). This project is currently certified by your office by DWQ Project # 06-0327. Located on the Pisgah National Forest in Transylvania County, North Carolina, this project is situated on Davidson River, a tributary to the French Broad River. Storms from the 2004 hurricanes resulted in 112 feet of bank erosion. This area has historically been disturbed by the existing road/trail, which has resulted in a loss of riparian vegetation and stability of stream banks; and the 2004 storms worsened the condition. This project proposes the following: • Slope the stream bank back to within 1 foot of the trail. • Place erosion control matting on banks. • Construct two J-Hook type rock vanes. • Seed all disturbed area with native grass and mulch with straw. • Plant bank with trees and shrubs. • Obliterate access route from US 276 to the channel. A copy of this application has been sent to Mr. David McHenry with NC Wildlife Resources Commission for his review and comment. Enclosed are the following materials: • 5 copies of the Pre-Construction Notification (PCN) Application Form. • 5 copies of the Letter of Delegation of Authority • 5 copies of the vicinity map and site plans for this project. • A check made payable to the Division of Water Quality for $200.00. Forest National Forests in 160A Zillicoa Street Service North Carolina P.O. Box 2750 Asheville, NC 28802 El. r i? ?Li If you require any additional information, please contact me at 828-257-4214. 4 Sine rely rady N. Dodd-,:_, Forest Hydrologist ' if. cc: NC Stonn Recovery Team MAY 1 G 2006 S Caring for the Land and Serving People P Printed on Recycled Paper it of. Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. _ D 3 9J) V Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing i 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Pen-nit 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details),-check here El II. Applicant Information Owner/Applicant Information + ! Name: Ms. Marisue Hilliard (Forest Supervisor) ^'{ Mailing Address: U.S. Forest Service National Forests in North Carolina P.O. Box 2750 Asheville. NC 28802-2750 Telephone Number: 828-257-4200 Fax Number: 828-257-4263 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Brady N. Dodd (Forest Hydrologist) Company Affiliation: Mailing Address: U.S. Forest Service National Forests in North Carolina P.O. Box 2750 Asheville, NC 28802-2750 Telephone Number: 828-257-4214 Fax Number: 828-257-4263 E-mail Address: bdodd(cHs.fed.us .J . , . III. Project Information t.` . r, .1 r... _ t - -77- 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: Davidson River Bank Stabilization near English Chapel (VWP16) 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: Transylvania Nearest Town: Brevard Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Brevard NC take U.S. Hwy 64 north to U.S. 276 west, enter Pisgah National Forest, and proceed to the bridge that crosses Davidson River to English Chapel. Park at chapel and walk down stream on trail about 500 feet to site. 5. Site coordinates, if available (UTM or Lat/Long): N/A (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): 156,058 acres, Pisgah Ranger District 7. Nearest body of water (stream/river/sound/ocean/lake): Davidson River 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.statc.ne.Lls/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This reach of the Davidson River appears to be downcut due to past land management. Therefore, the risk of bank erosion during flood events is high. . ?. Furthermore a road/trail parallels the channel within 25 feet of the right downstream bank, thus limiting stream bank vegetation Approximately 112 feet of right bank eroded into the Davidson River during the 2004 hurricane flood events. Currently this section of bank is oversteepened, unvegetated, and prone to further erosion. 10. Describe the overall project in detail, including the type of equipment to be used: The intent of this project is to stabilize the scoured stream bank. This goal will be met by the following activities: • Slope back vertical bank to within V from trail. The bank slope would remain steeper than a 1:1 due to archeological concerns. • Place and pin erosion control matting on banks using live stakes. • Construct two (2) J-hook type rock vanes; one at the upper end and the other at the downstream end of the project. • Seed all disturbed area with native grass and mulch. • Plant bank with trees and shrubs; including sycamore, rhododendron, and do,, hobble. This work would be accomplished using a trackhoe type excavator to slope bank and place rock and a dump trick to haul rock. One 12 feet wide temporary equipment access route would be constructed from US 276 to the channel and obliterated upon project completion. 11. Explain the purpose of the proposed work: It is anticipated that this work would stabilize the site and reestablish streamside vegetation. 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. This application is for nermit of a modification to the previously submitted (dated 2/17/2006) U.S. Forest Service project: Davidson River Bank Stabilization near English Chapel (VW P16). As of May 9 2006, the Forest Service has not received a 404 application from your office. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A -4 . . 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: Although all applicable BMPs will be implemented turbidity would temporarily increase in the Davidson River during the placement of boulders in the stream channel and potentially when the banks are sloped back. The work is expected to have an overall reduction in turbidity from the site by eliminating the source of sediment. 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 identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fcma.nov. *** 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: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma linear feet Before Impact (please secif ) Bed excavation Stream bed and placement of 150 Davidson River 60 feet Perennial rock in rock vanes Stream bank Bank excavation 112 Davidson River 60 feet 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), 4 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 arc available through the USGS at 1-800-358-9616, or online at www.usgs.?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.conl, www'n1npquCSt.Con1, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 262 feet 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 1 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.): 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 would occur outside the snawnin! period of October thru Anril to address potential fisheries impacts. Work would not be conducted on rainy days or during periods of big h flow to minimize potential sedimentation. Work would be conducted in stages so as to minimize the timing, degree, and extent of disturbance at one time. All disturbed areas would be stabilized with riparian type vegetation. 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://li2o.enr.state.ne.us/ncwctlands/strm?,,ide.litni1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 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 (919) 733-5208 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 llttp://h2o.enr.statc.nc.us/wrp/index.litm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following infonnation: 6 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 ® 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ® 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. 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 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 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® 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 7 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 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 213.0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). r ApplicantyAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Y "goo 6 8 •s United States Forest National Forests in Department of Service North Carolina Agriculture File Code: 1230 Route To: (2500) Subject: Delegation of Authority To: Brady Dodd 160A 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. r MARISUE HILLIARD Forest Supervisor ups ? Caring for the Land and Serving People Printed on Recycled Paper ?'M' ?? r 1 r? r ' r ) fr'. ?Mu 66 ?i ,; _ _ unto n ? ,!I ,??. •I,'r :,?[' ?'?: , ?.?? ? _.{;'• t - _ ?_.?. -t:_•: :,:':?'l ; ;?, ,'???.. /-?_ 1'.?.Lt i • I ?? j . r. Davidson River Bank Stabilization Near English Chapel '_? (Slide from Trail to Davidson River UID #1851 (VWP16)) J I ! 1 , i , I. f 1 ' 71 . ?r , I _-•i f' -"?c+ I !!!I ?.?--, '? _ L(? _,{?`. IltV ?I t } ,)! 1 f ?? ' ?_'t _'?• 1 I t `j ?_ '_}i,,l? C ?J? 1I[)l? .J i? ) 1? ,! `+---;=1,?_ L•;•SJ ?'._??' r,l , r,:,,•r ! 1'I '! rlll' ?•t 1?'. /%/ 'ice -__-?.?{J f?)?'•l?`r ?L?I ? +?LCS i,SG-?? ? r.l I .I , 1? -?L l -,? 4 f iiG Il,,?t\ L.'J -?ti?Il 1I'111 1.1,?', ?.?.: .71 1 I ??1 1.. 1, ??,ti ?. l..//))?'_ 111 ..r +ill `y? `r? ?' ? t'}1` , /? 1? f?i'I ?4?;.. /- ??d f''• ? _ 'f l ,7111f -.l t - t ?, {I 1 '??. `?t I'? r• •,,f 'JT ill, ,,i n?••,'.? ?7 ?1.? ?r `.... •? f'. •'r•. ? Ii , l ti l; ,?. 1?_' _•\?_ !-.? ?r l ?11rf t_ .rc'G1'+ ! ` 1 ? . •,-.^ II/I 1» ,11 ?, 'li !,?., i./' l ? 1 / ? _ r I? A a •ti4` rj 'L. 1 I ? _ - .11 t., ?ii t ("._ti y r,)i \ t t r ,t tt".. 1; `,', , ! ! y , 1 r ' l _ ? I r, - .•`> 1 ..r r ., 'r( 1 F? r , i v I +.,;?-?.._..' `-•..,. ? _? 1 1 ? , r '- } ??'. ..- -,, ,,'I ! I. I? ?` - V t ' ! ?• - 1 ? - ?? } 1 ..;4?. j i?': (; ! I _ ; I I _ I ` --- I Jt ` .1 - ---.. I_ ? - - ?? ti .:4..- ? lr I ? It , ti _ =1; ,t . ??._. ? ? _ , _ `, ? l?I ?. ,. , -, I ,iii -?!? ?7r_ ? 1 ? f II- !.: I ? ` J , , /r ,f .r- ?? ?_- ryr `r ?? 7 i ... t„J ?. i'I , - ? ' I . 1 I _ •/\ ? ,.- v(r- ', l.. :` -? ` '/t ?i ? - ? . '-/? '? '~ \++?'. 1 ?l 1 1 Q-.?7 ''/•..r` ^ ^ .?'..v/`'? ? _ j I ,I ; ,r ,.. I . ' •, I' \ U I f , '` \ .? j , 1 ? - I f ~,,y .?T?`- _ 1?? ••=/L?y??r _?? ?.?1 ?\` ? < ` .1 ??.:, I ?.,1 '' ? ',??•, t - .?l I ?? _1 11?V •ti. X11 /?• ?? ^? ?"`+'.?_??? I?tt- ?;? -., , `-r<ti . `?-ct??'?1+ j ?'rj + IC'I' t ?'' I.f?i ? •I? ? 4 ) ( -_ . of ,off 0i rl ' ?^ J f ` l '? ? ? -? ` 1 I 1.. { `)• ..,?f _ __ it `????? _ ? 'I J,?? 1 _ ;,I} ? ? I I ?? I I 1?-1 r - L `lr r' ;..' fir ? - `- r?,?,ti- ` ,?' l?l ? >,.' r-'' ?1?1,1 ?j 'II•."! ?f, 1' ? _ ._ '. f? ?/. ? `? t j L I I? ?} -- ? + - ?? I ? -• ,}? ,' ,III F...? -- 1 +r r`r,f Davidson River ' B nk'St iliz ion .?, '` ? -mot h? t 11• ?, - project. location ?-- ?I ; 1 ? it ? ,- ? _ ? t ? t7 ?r ?) , .: • , .?, ? r ? - ) J ? / .?.}\. t ? !' f? - : , t ? - ? 1 - ?- _ 7 .I}ea?'T?•ta1-.rl .1t ''? - < ',?_ ` i , r _: I 1 I1 Ir ti ti- ( -Li.? +•i7 yp F{:i' , --- I i•F 1fF ri `.4 S: { I •..G r 1 r- ._, ?.? .,. ? ? , ` ?. 1 L .??? - i r`4...,` :..die ?:`"' -" \.+C[',I -5[, ?L? t hAJO I I: 1 ``J .I:I:.:t:•._ ,: --.?L"? .;.':,-ti,.:~-z• ?--'J i' .4 .?. ??? l / fir,- ?? •?'• ?--• ' '.?,+'\•.'? - . , f r'? J_~ - ? 1 ' =?,4 r? ?T f xr ?! r ? r c r iy?r t°'1'V?s?? ' 7 irr ?"r er 5r 1C?iR t ' i . 4 Jk 1 mot. 4 } Davidson River Bank I Stabilization Near English Chapel (Slide from Trail to Davidson River U I D #1851) Photos - Current Condition `fi'r Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River UID #1851) This reach of the Davidson River appears to be downcut due to past land management. Therefore, the risk of bank erosion during flood events is high. Furthermore, a road/trail parallels the channel within 25 feet of the right downstream bank, thus limiting stream bank vegetation. Approximately 112 feet of right bank eroded into the Davidson River during the 2004 hurricane flood events. Currently this section of bank is oversteepened, unvegetated, and prone to further erosion. The intent of this project is to stabilize the scoured stream bank. This goal will be met by the following activities: • Slope back vertical bank to within 1' from trail. The bank slope would remain steeper than a 1:1 due to archeological concerns on the bank. • Place and pin erosion control matting on banks using live stakes. • Construct two (2) J-hook type rock vanes; one at the upper end and the other at the downstream end of the project. • Seed all disturbed area with native grass and mulch. • Plant bank with trees and shrubs; including sycamore, rhododendron, and doghobble. This work would be accomplished using a trackhoe type excavator to slope bank and place rock and a dump truck to haul rock. One 12 feet wide temporary equipment access route would be constructed from US 276 to the channel and obliterated upon project completion. Da, Cai Stabilization English Chapel (Slide from Trail to Davidson River U I D #1851) Sketch - Current Condition r Davidson River Bank 6, a9 Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River UID #1851) Sketch - Proposed Action forested terrace o5r ? ?GraQe Z 011, Davidson River Campground forested floodplain ? ? ? ? ? ? One 12' wide equipment access route from road to channel in this area. Exact location to be ? determined rile?3 ? c? ? J ? ? ? ? ? ? 4.1 q. 0 a? Qm b1-; age KEY: V I I I I' =scoured bank = deposition = rock vane =plantings (trees & shrubs) I Drawing not to scale Davidson River Bank Gr Stabilization Near English Chapel (Slide from Trail to Davidson River UID #1851) Sketch - Proposed Action & expected channel response forested terrace Davidson River Campground Z 011, forested floodplain 9e \a KEY: 1 1 1 1 1 1 = scoured bank Q- O? aC-j S O? Drawing not to scale = deposition = rock vane =plantings (trees & shrubs) = expected pool locations = expected deposition sites • .. e. Office Use Only: Form Vcrsion May 2002 USACE Action ID No. DWQ No. O In - 03 211 V 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Pen-nit Number(s) Requested: Nationwide Permit 27 If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), clieck-licre• ? f s II. Applicant Information 1-J IIJAY 0 2006 1. Owner/Applicant Information Name: Ms. Marisue Hilliard (Forest Supervisor) Mailing Address: U.S. Forest Service National Forests in North Carolina P.O. Box 2750 Asheville, NC 28802-2750 Telephone Number: 828-257-4200 Fax Number: 828-257-4263 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Brady N. Dodd (Forest Hydrologist) Company Affiliation: Mailing Address: U.S. Forest Service National Forests in North Carolina P.O. Box 2750 Asheville, NC 28802-2750 Telephone Number: 828-257-4214 Fax Number: 828-257-4263 E-mail Address: bdodd(cDfs.fcd.us III. Project Information Attach a .A6114 Inap -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: Davidson River Bank Stabilization near English Chapel (VWP16) 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: Transylvania Nearest Town: Brevard Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Brevard NC take U.S. Hwy 64 north to U.S. 276 west, enter Pisgah National Forest, and proceed to the bridge that crosses Davidson River to English Chapel. Park at chapel and walk down stream on trail about 500 feet to site. 5. Site coordinates, if available (UTM or Lat/Long): N/A (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): 156,058 acres Pisgah Ranger District 7. Nearest body of water (stream/river/sound/ocean/lake): Davidson River 8. River Basin: French Broad (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.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This reach of the Davidson River appears to be downcut due to past land management. Therefore the risk of bank erosion during flood events is high. . . M Furthermore a road/trail parallels the channel within 25 feet of the right downstream bank, thus limiting stream bank vegetation. Approximately 112 feet of right bank eroded into the Davidson River during the 2004 hurricane flood events. Currently this section of bank is overstecpened, unvcgetated, and prone to further erosion. 10. Describe the overall project in detail, including the type of equipment to be used: The intent of this project is to stabilize the scoured stream bank. This goal will be met by the following activities: • Slope back vertical bank to within V from trail. The bank slope would remain steeper than a 1:1 due to archeological concerns. • Place and pin erosion control matting on banks using live stakes. • Constrict two (2) J-hook type rock vanes; one at the upper end and the other at the downstream end of the project. • Seed all disturbed area with native grass and mulch. • Plant bank with trees and shrubs; including sycamore, rhododendron, and dochobble. This work would be accomplished using a trackhoe type excavator to slope bank and place rock and a dump truck to haul rock. One 12 feet wide temporary equipment access route would be constricted from US 276 to the channel and obliterated upon project completion. 11. Explain the purpose of the proposed work: It is anticipated that this work would stabilize the site and reestablish streamside vegetation. 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. This application is for permit of a modification to the previously submitted (dated 2/17/2006) U.S. Forest Service project: Davidson River Bank Stabilization near English Chapel (VWP16). As of May 9, 2006, the Forest Service has not received a 404 application from your office. V. Future Project Plans Are any future pennit 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 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: Although all applicable BMPs will be implemented turbidity would temporarily increase in the Davidson River during the placement of boulders in the stream channel and potentially when the banks are sloped back. The work is expected to have an overall reduction in turbidity from the site by eliminating the source of sediment. 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 each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://w\vw.femax,,ov. *** List a wctland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wctland, 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: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact (please secif ) Bed excavation Stream bed and placement of 150 Davidson River 60 feet Perennial rock in rock vanes Stream bank Bank excavation 112 Davidson River 60 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts ano associatea rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), 4 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 I-800-358-9616, or online at www.usas.1?0v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoione.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 262 feet 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 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. 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 storrnwater requirement, etc.): 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 would occur outside the spawning period of October thru April to address potential fisheries impacts. Work would not be conducted on rain days or durint; periods of high flow to minimize potential sedimentation. Work would be conducted in stages so as to minimize the timing, degree, and extent of disturbance at one time. All disturbed areas would be stabilized with riparian type vegetation. 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 detennining 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://li2o.enr.state.nc.us/ncwctlan(is/strnigide.litni1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 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 (919) 733-5208 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.statc.nc.us/wrp/iiidex.litnl. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following infonnation: 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 ® 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ® 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 21 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 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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® 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 7 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 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 stonnwater 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 XQI. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these pennits. 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). r ApplicantrAgent's Signature / Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) YJ ,?coo 6 8 OM-ki"i United States Forest National Forests in Department of Service North Carolina Agriculture 160A Zillicoa Street 11.0. Box 2750 Asheville, NC 28802 828-257-4200 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 I—I - r .f 1 - It AIAY 2006 ;,rf Caring for the Land and Serving People Printed on Recycled Paper Davidson River Bank Stabilization Near English Chapel' (Slide from Trail to Davidson River UID #1851 (VWP16)) Jci' \ r , OF/.tl? I; )+ 1 j//r// /! I I' .If' l?`,1 ??t ?.+?`,t? I• 't 11 I \ J t J II - r115 •''t rte( ??t l`!'-?i\. "1: ?t lii??/ _ ? 'i1 ,?,r?1'J?, ??•. 5 1•?i ?i / 3?' ?-;`j iVl??`?? _I\_ ,f,I1??.: 17 ? \? i? -_1?`? -?`? ?+ ?? + r ? 1 1 ?I 1 ? :f i" .r r t .?. Jt'P '-' l ?/`5 ,.5 ?• _ AAAf"' _' _ tl - ???? ? _'% I I,.! , i'I '.,\ L.?`? - ?\`i1 I,I I 4,? \ ?'. .\I t ? ? '?) I ????ti? ?..fJ'I •_ ?t -.mil 1???. .'1: ? ? ?t?, r"??_ 1? •' i ' /?' ?p I,j ? ??, ,t, 1?. ?\ 't ??1 I _:,i •?. ?t li( I r rw7 „I ! ?r ? ?l.- , tl ?`\t\i??J,C f'' \ -4 t;' I'??- ''ti? i•? ?`- /".`\ ` 4 v !? 1 (.. rL .1•+ ,I ( t?'` I l lt?ti. .il//y? 4?''?I •.?,` iii t l •_ ( t J _ ? 1 I f } ?'.-,.--? ?.? I '? t r,'1? yi`l.ltrhl?.'c?l 1 r :r 11.1 ?! ? 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IRSI Fh '' a Davidson River Bank ?L Stabilization Near English Chapel " howi` v +>> +? (Slide from Trail to Davidson River UID #1851) RAM H t 7 `m• T Ri VIII.` ?" ? .' t'?.b fiY P I? Ir } I " ry?t?f '7w P ? a + T I Photos - Current Condition 17 r C ? V l 1) b•' b t' l "`?` ? ? tf1? ?i?,' ,; 3 r1'+, ??? if i! °° •?•,,,. :'1a'.? ??lAL ?i 1.•` ?q? .e.?' "? .. ?! ? t w 4w y k ?,?,?7?\\ " fi?? ? ?. ? x r. y?y ?y 4,.,a.. •?. ..a.r.r:lA ,:, , ?! .,, r 'x ?l „RSr ;: { , may„ ?° ,• ? ,aa ? ?*? ?! , ?^ ,. ? ? m 'rlys7}4.. Y ?" 4,pIP". ry+I?' 'O'9?:?t?5'etd'w?? •:. v + -. ?f 1 t J Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River U I D #1851) This reach of the Davidson River appears to be downcut due to past land management. Therefore, the risk of bank erosion during flood events is high. Furthermore, a road/trail parallels the channel within 25 feet of the right downstream bank, thus limiting stream bank vegetation. Approximately 112 feet of right bank eroded into the Davidson River during the 2004 hurricane flood events. Currently this section of bank is oversteepened, unvegetated, and prone to further erosion. The intent of this project is to stabilize the scoured stream bank. This goal will be met by the following activities: • Slope back vertical bank to within 1' from trail. The bank slope would remain steeper than a 1:1 due to archeological concerns on the bank. • Place and pin erosion control matting on banks using live stakes. • Construct two (2) J-hook type rock vanes; one at the upper end and the other at the downstream end of the project. • Seed all disturbed area with native grass and mulch. • Plant bank with trees and shrubs; including sycamore, rhododendron, and doghobble. This work would be accomplished using a trackhoe type excavator to slope bank and place rock and a dump truck to haul rock. One 12 feet wide temporary equipment access route would be constructed from US 276 to the channel and obliterated upon project completion. Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River U I D #1851) Sketch - Current Condition forested terrace Davidson River Campground o11 a? o`? Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River UID #1851) Sketch - Proposed Action forested terrace f Davidson River Campground Z k\0'1' forested floodplain One 12' wide equipment access route from road to channel in this area. Exact location to be d t i ' d ? e ermne q. 0 a? Q? ? ? ? ? ? ? ?CGraQe 1b b,; age KEY: I I I I = scoured bank = deposition = rock vane = plantings (trees & shrubs) I Drawing not to scale Davidson River Bank Stabilization Near English Chapel (Slide from Trail to Davidson River UID #1851) Sketch - Proposed Action & expected channel response 4-? forested terrace ee " J _ ,.ate J.? forested floodplain Davidson River I!'. Campground ?(b ti JG' q< oc a? O? I Drawing not to scale 9e KEY: = scoured bank = deposition = rock vane =plantings (trees & shrubs) = expected pool locations = expected deposition sites I, © Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. © Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: US Forest Service Attn: Marisue Hilliard P.O. Box 2750 Asheville,NC 28802-2750 DWQ# 06-0327-Transylvania 2. Article Number (Transfer from service label) _ PS Form 3811, February 2004 A. Signature r ? Agent xl? ?SLi y? Addressee B. Received b (Printed Name) C. Date _ D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? ress Mail ? Registered eturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7005 1160 0000 9954 6931 Domestic Return Receipt UNITED STATES PREAO,MffLE 26 f'-V-sY' 2t:.t.06 INIC 2? 1 p l" I 1 - • Sender: Please print your name, address, and ZI NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, suite 250 Raleigh, NC 27604 is box •