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HomeMy WebLinkAbout20030567 Ver 1_COMPLETE FILE_20030508Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION February 24, 2004 Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 MAR . 2 2004 'A' Eli UUAI. iTY SECTION Subject: Additional Information Request #2 Upgrade Silvermine Take-Out #3 DWQ Project Number 03-0567 Status: On-Hold Swain County Dear Ms. Browning: The Asheville Regional Office of the N.C. Division of Water Quality is in receipt of your response dated January 20, 2003. This office is unable to process your application as submitted. The following must be addressed prior to any further review of this project: • The project, as described in the application does not agree with the project described during the onsite meeting on July 30, 2003. The project description must be update to reflect what is actually going to be constructed. This must include acreages of stream channel filled buy this project. • As this project will impact greater than 3 00 feet of stream channel, mitigation must be performed as part of this project. The mitigation must meet the requirements stated in http://www.saw.usace.gmy.mil/wetlands/1\4itigation/stream mitigation.html • As this project proposes to impact greater than 300 feet of stream, an individual permit maybe required. As the final impacts are planned, contact with this office and with the U. S. Army Corps of Engineers is appropriate to determine if an individual permit is required. • Bank erosion was listed as one of the reasons for this project, yet the stream banks were fairly stable during the site visit. You must re-evaluate the purposes of this project and modify your application. • In the section of the application regarding Impact Justification, you propose some sediment and erosion control measures to protect the adjacent aquatic resources. There is no discussion in regards to temporary diversions, or channel dewatering. You must include a discussion of all temporary impacts so that they may be included in any fixture Water Quality Certification. • Under the section titled Stormwater, there is no discussion in regards to outlet structures, nor discharge points for collected stormwater. A discussion of stormwater management must be included as part of the application. 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Additional Information Request #2 February 24, 2004 Page 2. • The resource agency comments from the State Clearing House review appear to not be current. The Division of Water Quality comments are dated February 14, 1994. The Wildlife Resources Commission comments are dated November 18, 1991. The Department of Cultural Resources comments are Dated January 24, 1997. As none of these comments were given during the past five (5) years, current comments must be requested and submitted, in order to address "current" agency directives and missions. As this application is not complete enough for review, this project will remain of hold. All requested information must be submitted within 30 calendar days of receipt of this document. Should the requested information not be received within the above mentioned 30 calendar days, this project will be returned as incomplete. Should you have any further questions, please do not hesitate to contact me at kevin.barnettra,ncmail.net or at 828-251-6205. Sincerely, Kevin H. Barnett Environmental Chemist cc: David Baker, US Army Corps of Engineers Cyndi Karoli, DWQ 401 Unit Denise Moldenhauer, US F&WS David McHenry, NC WRC __Y 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax(828)251-6452 Customer Service 1-877-623-6748 ? wA Michael F. Easley, Governor O Q William G. Ross Jr., Secretary F r North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P. E. Director -- a c Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 8, 2004 DWQ Project # 030567 Swain County Page 1 of 3 Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC, 28734 Subject Property: Upgrade Silvermine Take-out #3 Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Browning: You have our approval, in accordance with the attached conditions and those listed below, to replace an existing seawall and to construct an additional wall and ramp along 224 linear feet of the Nantahala River and Silvermine Creek for the purpose of upgrading the Silvermine Take-out #3 in Swain County, as described within your revised application dated March 23, 2004 and received by the N.C. Division of Water Quality (DWQ) Central Office on June 7, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3376, 3402 and 3399 (GC3376, 3402 and 3399). The Certification(s) allows you to use Nationwide Permit(s) 3, 18 and 13 when issued by the US Army Corps of Engineers (USAGE). 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 local 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 Permit. This approval is for the purpose and design that you described in- your application. If you change your project, 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 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands) 11-4-r.?• c.,...o.... u. 4_Q'77_G09_C7A0 Applicant: Page 2 of 3 Date: The Additional Conditions of the Certification are: 1. 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 implementatiodmust comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. 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. 3. 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. 4. 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. Applicant: Page 3 of 3 Date: 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296- 4500. AWKlcbk Enclosures: GC 3402, 3399, 3376 Certificate of Completion cc: USACE Asheville Regulatory Field Office DWQ. Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Sincerely, I I/ X14 Al ?W. Klimek, P.E. Filename: 030567 06-07-`04 14:56 FROM-NCDENR ASHEVILLE RO 8282997043 TO: FAX #: T-593 P01l16 U-645 N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 2090 U.S. HIGHWAY 70 SWANNANOA, NORTH CAROLINA 28778 PHONE: 8281296 4.500 FAX: 828/299-7043 AV NCDENR FROM: =?1 At 6 DATE: fi) 71b I # OF PACES INCLUDING THIS COVER: A-13t-wLL" f MESSAGE: If questions. please call 8281296-4500 „ . JUN-7-2084 MON 13:36 TEL:9197336893 NAME:DWO-WETLANDS P. 1 .06-07-'04 14:56 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P02115 U-645 United States Forest Wayah Ranger District 90 Sloan Road Department of Service Franklin, NC 281734 Agriculture Phone: 828-524-6441 File Code: 2350 . Date: March 23, 2004 Kevin Barnett NCDWQ 59 Woodfin Place Asheville, NC 28801 Dear Kevin, We appreciate you and Forest Westall visiting our Silvermine Take-out project site. There is our revised permit and drawings with the changes that we discussed on site. Sincerely, i MICHAEL L. 'Ul ILKINS District Ranger CIO. David Baker, USAGE David McHenry, NCWRC Caring for the L"d and Serving People JUN-7-2004 MON 13:36 TEL:9197336893 NAME:DWO-WETLANDS Printed on Recyded Paper P. 2 .06-07-'04 14:56 FROCK-NCPENR ASHEVILLE RO 8282997043 T-593 P03/16 L1-645 Office Use Only: Form Version May 2002 USACE Action 1D 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 - Revised 2. Nationwide, Regional or General Permit Number(s) Requested: NWp #3 - 96 feet - replacement of existing structure, NW? # 18 - 33 feet - fill in washed out areas (7.32 cubic muds). The remaining 95 feet of wall and :ramp will be above the high water mark and will be NWP # 13 - bank stabilization. 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 (NCW RP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section V111 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: 0 11. Applicant Information Owner/Applicant Information Name: USDA Forest Service Contact: Sally Browning Mailing Address:Wayah Ranger District, 90 Sloan Road, Franklin, NC 28734 Telephone Number: 828/524-6441 Fax Number: 828/369-6592 E-mail Address: srowning@fs.fed.us 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: N/A Company Affiliation: _ Mailing Address: 'telephone Number: Fax Number: E-mail Address: Page 1 of 10 JUN-7-2084 MON 13:36 TEL:9197336893 NAME:DWO-WETLANDS P. 3 .06-07-'04 14;56 FROM-NCDENR ASHEVILLE RO 8282997043 III. Project Information T-593 P04/16 U-645 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 USCS 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 USAGE 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: Upgrade Silvermine Take-out #3 - Revised permit 3/23/2004. The original permit was completed in MU of 2003. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A National Forest Lands 4. Location County: Swain Nearest Town: Wesser - Community Subdivision, name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Bryson City travel south on US 19. The project lies between the old bridge crossing the Nantahala River at Wesser and Silvermine Creek (just downstream from NOC's store). 5. Site coordinates, if available (UTM or Lat/Long): 35 19.89, 83 35.56 (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):.24 acres 7. Nearest body of water (streamlriver/sound/ocean/lake): Nantahala River - 700' before it flows into Fontana Lake 8. River Basin: Little Tennessee River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.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: The proposed area is currently being used as a river take-out. The area had a very detailed site survey completed to make the design work for the take-out as accurate as possible. Over 50,000 people get out of the river on this spot each year. The take-out has a gravel surface that is eroding along with the river bank. A large portion of the take-out is located on old road fill material. The river bank closest to Silvennine Creek is Page 2 of 10 JUN-7-2004 MON 13:37 TEL:9197336893 NAME:DWO-WETLANDS P. 4 .06-07-'04 14:56 FROM-NCDENE ASHEVILLE BO 8282997043 IV. T-593 P05/16 U-645 shored up with. 8" x 8" treated timbers for 96 feet. We would replace the existing timbers with a concrete wall. There will be two sections of fill. The first fill will be for approximately 21 X 3 feet (4.66 cubic yards). This will be from the corner of the existing steps for 21 feet on the downstream side of the existing steps. An additional fill area will be located in the middle of the project for 12 X 3 feet (2.66 cubic yards). This area is below an unauthorized set of steps that boaters have placed on the side of the bank. The Forest Service removes the steps and boaters put them back in a different place causing more bank erosion. The total cubic yards of fill will be 7.32 yards. The new wall and ramp will extend for 128 feet. This includes the 33 feet of fill area and 95 feet of wall placed above the normal high water mark. This area is below an unauthorized set of steps that boaters have placed on the side of the bank. 10. Describe the overall project in detail, including the type of equipment to be used: The take- out will be upgraded for public use and safety by constructing a wall above the high water mark with a set of concrete steps on the upstream side and a ramp in the,middle of the project. The wall and ramp will begin at the water's edge and taper to 14 feet above the water. The new wall and ramp will extend for an additional 128 feet. A track hoe will be used to dig out some large boulders and old waste material. This material will be placed away from any live streams. Silt fence will be used. Silt fence will also be installed at the top of the existing bank to filter and slow water velocity from the drainage off US 19. Portable concrete barriers and sandbags covered with plastic will be used below the project area to keep eater away from the construction site and to prevent any concrete from entering the river. The contract will require the monitoring of all erosion control practices after any storm event. The contract will also require that any damage to the erosion control measures will be repaired immediately. The concrete pouring will be completed when the Nantahala River is turned off at the powerhouse. At the Suggestion of the NCDWQ the surface water leaving the take-out will be channeled through rock layers underneath tree planters before it enters the Nantahala River. The stream temperature of the Nantahala River is approximately 52-57 degrees year round because the water comes out of the bottom of Nantahala Lake. We will place large rip-rap or boulders adjacent to the retaining wall downstream of the ramp. This part of the project was a suggestion from the NCWRC biologist, Dave McHenry, to improve aquatic habitat in the area of the proposed project. 11. 12. Explain the purpose of the proposed work: The purpose of the work is to provide for better public safely and use while preventing further bank erosion and sedimentation of the Nantahala River. 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 USAGE Action 1D 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.U. project, along with construction schedules. Page 3 of 10 JUN-7-2004 MON 13:37 TEL:9197336893 NAME:DWO-WETLANDS P. 5 -06-07-'04 14.57 FROM-NCDENH ASHEVILLE RO 8282997043 T-593 P06,r16 U-645 The original permit was mailed to the USAGE, NC Division of Water Quality, and the NC Wildlife Resources Commission on May 6 2003. The Division of Water Quality has assigned the Proiect number 03-0567 The site was reviewed in the field in August of 2003 by Sally Browning - USFS, Owen Anderson - NCWRC Kevin Barnett - NCDWQ mid David Balker - USACE. The site was reviewed again on March 17, 2004 by: Forest Westall - NCDWQ Kevin Barnett - NCDWQ Dave McHM - NCW RC, Mike Wilkins - USFS, Sally Browning - USFS, 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 This project will complete the take-out upgrade V1. 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 VIZ 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 VTTT below. If additional space is needed for listing or description, please attach a separate sheet. Page 4 of 10 JUN-7-2004 MON 13:37 TEL:9197336893 NAME:DWO-WETLANDS P. 6 06-07-'04 14:57 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P07/16 U-645 1. Provide a written description of the proposed impacts: The concrete retaining wall and steps will take the place of an existing timbered wall for 96 feet. A concrete ramp and wall will be constructed along natural stream bank and road fill material for 128 feet. The existing take-out that will be improved is located on old road fill material (Udorthent soils). These Udorthent soils are not classified as wetland or hydric soils, 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-yearFloodpiain** (es/no Distance to Nearest Stream (linear feet) Type of Wetland*** * Gist each impact separately and identify temporary impacts. Impacts includes, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding. * * 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rato Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the 1113MA Map Service Center at 1-800-358-9616, or online at ht1n://www.fema.e61r. *'* List a wetland type that best describes wetlatid 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: 0 Total area of wetland impact proposed: 0 Udoorthent soils dominate the existing take-out. The take-out (old road shoulder) and US 19 were constructed on man made soils (Udorthents). The area adjacent to the river was filled to construct US 19 many years ago. This space is the only place that the road and take-out can be between the base of the mountain and the river. The river bank along the 320 foot section for a few feet is Rosman soil. It is classified as a moderately well drained soil. Neither soil is classified as a wetland or hydric soil. The N'antahala River flogs into Fontana Lake approximately 700 feet below the take-out area. 3. Individually list all intermittent and perennial stream impacts below: 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 Secify) There should be 202 Nantahala River 25 perennial No impacts w/ 22 Silvertnine Creek 6 perennial Proper erosion Control measures e 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). Page 5 of 10 JUN-7-2004 MON 13:37 TEL:9197336893 NAME:DWO-WETLANDS P. 7 -06-07-'04 14:57 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P08/16 U-645 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. ?w Stream names can be found on USGS topographic maps- If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616. or online at www.usgs gov. Several internet sites also allow direct download and printing of UStaS maps (e.g., www.topozone.com, www:n1aD(1uest.Co1151 etc.). Cumulative impacts (linear distance in feet) to all streams on site: 224' of stream bank 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 Impaet* Area of impact (acres Name Wate) Type of W'aterbody (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. Silt fence will be placed below the area where the 320 feet of retaining wall, steps and ramp will be placed. The retaining wall construction will take place when the Na ntahala power house is not generating water and the water levels in the Nantahala River are low. Pond Creation 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 [l 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: V11. 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. We will Droverly place silt fence below the retainine wall construction area. We will place portable concrete barriers covered with plastic and sandbags below the construction site to wevent any concrete spillage into the Nantahala River. We will plant trees back in large planters along the retaining wall. 'W'ater from the project site will be filtered through rock lavers under the planters before it enters the Nantahala River. The retaining wall construction will take place Page 6 of 10 JUN-7-2004 MON 13:38 TEL:9197336893 NAME:DWQ-WETLANDS P. 8 .06-07-'04 14;57 FROM-NCDENB ASHEVILLE RO 8282997043 T-593 F09/1b U-b4b when the power house is not ggnerating-water and the water levels are low. The level of Fontana Lake will also be low at this time. The project is agproximately 700 feet above where the Nant-&ala River flows into Fontana Lake. VIII. Mitigation DW Q - 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 fumetions 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.ne.us/newetlands/s=igide.html. 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 - there will only 128 feet of new cleared bank. 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 page 7 of 10 JUN-7-8884 MON 13:38 TEL:9197336893 NAME:DWO-WETLANDS P. 9 • 06-07-'04 14,58 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P10/1b U-b45 NCWRP, check the NCWRP website at httn://li2a.enr.state.nc.w/wra/index.htz , 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 ? National Forest lands - federal - Nantahala National Forest. The funds for the project have been collected by recreation users of the Nantahala Gorge under the Fee Demonstration Project. 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 N No [] NEPA document completed by USDA. Forest Service A Cultural resource/archeological inventory was completed for the project as part of the Nantahala River Corridor Environmental Assessment. No significant sites were found. The final report was sent to the State of North Carolina for SHPQ approval. It received SHPO approval. A biological evaluation was completed for the project. This included informal consultation with the U.S. Fish and Wildlife Service. 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 N N/A The state clearinghouse gave imput to the EA. A final approval letter is not required on a USDA project. In this case the decision maker was the district ranger. 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 an 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. Page 9of10 JUN-7-2884 MON 13:38 TEL:9197336893 NAME:DWO-WETLANDS P. 13 06-07-'04 14:58 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P11/16 U-645 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. V 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* ltnpact (Square feet Multiplier Requited lv--goon 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; "Lone 2 extends an additional 20 feet from the edge ofZont 1. X1. X J1, 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 I SA NCAC 2B .0242 or.0260. N/A 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. None now - currently gavel surface washes away due to slope of US 19 24 acres of ISavement - pipes and sloping will control the water. The storm water will be channeled through gravel la rers underneath the tree planters before it enters the N'antahala River. 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 X111. 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 X1V. Other Circumstances (Optional): Page 9 of 10 JUN-7-2004 MON 13:38 TEL:9197336893 NAME:DWQ-WETLANDS P. 11 . 06-07-'04 14:58 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 F12/16 U-645 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 lak=es, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). The retaining walls for this project will be mostly completed when the Nantahala River Po?yer louse is down for maintenance. The Nantahala River flows at a low level during _this time. Any additional work on the take-out wall will take place during periods of water being turned off. This proiects lies 700' from where the Nantahala River drops into Fontana Lace. Fontana Lake 12" /? Applint/Age.' ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 JUN-7-2884 MON 13:38 TEL:9197336893 NAME:DWO-WETLANDS P. 12 .176-07-'04 14;58 FROM-NCDENR ASHEVILLE RO 8282997043 T-593 P13I16 U-545 &MI& NolEtg RIYER Cx?)NTRACTOR Iq L ? CORTROL 5EpIMENT?OM THE GON5TRUGT ON 5 TE. f,ORTABLE GON M-rE BARRIO USEV FOR WATER I,>IVE1 5ION SHALL. MEET Tm RLwiR NT5 DF NGDOT 5TANDARD WeGIFIGATION lOgd, 2042 EDITION. L ARC 5oULi7l;.5 EWOUNTERj?D DURING ORAVINe ORATIONS 514Ai-L l PLAaw mLON1 WALL. 5M-i TO cAmATE F150 HABITAT. EXI5TIN& GONGRETE E30X CULVERT GRATE TO PRA1N E CA AkPM12 #1 ni aAMTirQ ik'] U.S. HWY. i Y r?,es* C1 LJ.5.P.A. FORE5T 5ERVIGE NANTAHALA NATIONAL FOE ION WAYAH RANGER O I STi JUN-7-2004 MON 13:39 TEL:9197336893 NAME:DWQ-WETLANDS P. 13 qb I^T - REPLACE EXI5TIN& 5TRUGTuRe CON6RETE BARRIO 4 5Ai FOR YJATER VINE-RSIflN PU . 06-07-'04 14.58 FROM-NCDENR ASHEVILLE BO 8282997043 T-593 P14/16 U-645 IAN T'IA,HALA RIVER a 128' NEN WmTmZTIom (33 L_INEA<R FT - FILL) ? A&GRESATE --- - 4 (RAW ONLY) NEYV STORM MAhWQ(..E 4 W Ckip ?o ¢d 40 O ?O O v 6 d d o D '. O o J ° C7' O O O.° p0 o pO O • ... ,? D ?' D v D K1 D. o b o WALL 514-4. I I° O D •? D I b . a V D / .v ° a.. . ax.-15" GMP w f I I ° 5fDEVI44L.K b D II tf II NEW A5PHALT I I RETE MOUNTABLE PAVING ? \N - '75' L ON& t II 14 II 1 II If II II I? -)I`C•TE PLAN 20' F'ROJF-GT: T 11 VFRMINF- TAKE-OUT JUN-7-2004 MON 13:39 TEL:9197336893 PERMIT ITE PLAN NAME:DWO-WETLANDS / i P. 14 EX. 5TEf'S 06-07-'04 14;59 FROM-NCDENR ASHEVILLE HO 8282997043 T-593 P15i16 U-545 United States Forest Wayah Ranger District 90 Sloan Road Department of Service Franklin, NC 281734 Agriculture Pholne: 828-524-6441 File Code: 2100 Date: April 8, 2004 Kevin H. Barnett, Environmental Chemist NC NENR, Division of Water Quality 59 Woodfin Place Asheville, NC 28801 Dear Kevin: On April 7, 2004 our design engineer, Lynn Difiore, went out to the Silvermine Take-out area in order to see if we could design anything to filter out NCDOT's storm water. She looked at both sides of the road. I regret to say that there is no feasible alternative for the discharge of NCDOT's storm water. If you have any further questions, please advise, MICHAEL L. WILK.INS District Ranger i? APR 19 , 99 i WATER QUALITY SECTION ASHEVILf.? (3ECi10?VAL OFFIC:; Caring for the Land and Serving People Printed On RHcyded Pa""' Co JUN-7-2004 MON 13:39 TEL:9197336893 NAME:DWQ-WETLANDS P. 15 JUN-7-2004 MON 13:39 TEL:9197336893 NAME:DWO-WETLANDS P. 16 . P16-07-'04 14;59 FROM-NCDENH ASHEVILLE RO 8282997043 T-593 P16/16 U-645 MEMORANDUM TO: John Dorney Regional Contact: Barnett, Kevin Non-Discharge Branch WO Supervisor: Eorrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Upgrade Silvermine Take-out # 3 County Swain Project Number 03 0567 County2 Recvd From APP Received Date 5/8/03 Recvd By Region Project Type streambank stabilization w/ concrete wall Region Asheville Certificates Stream Stream Impacts (ft.) Permit Wetland WetlandWetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. supp. Basin Req. Req. F13 Stream PT O N F- 2-57-(22.5) B TR 40,403. F 320.00 320.00 F - w Mitigation Wetland MitigationType Type Acres " Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 351989 Longitude (ddmmss) -833556 Comments: This project should be considered additions to 97-0547 and 00-1288. There is little or no discussion of need on this application. If you are familiar with the river, this is already being used as a take out b appears to be questionable as a safe take out. There is no active erosion but a portion of the bank alono Silvermine Creek and the Nantahala cc: Regional Office Central Office Page Number 1 Facility Name Upgrade Silvermine Take-out # 3 County Swain Project Number 03 0567 Regional Contact: Barnett, Kevin Date: Comments (continued from page 1): 04/20/04 - Issue as requested and detailed in ammended application dated 03/23/04 and received on cc: Regional Office Central Office Page Number 2 0? WAT?,p Michael F. Easley, Governor ? Q 0 William G. Ross Jr., Secretary North Carolina De artment f E i d ` r = p o nv ronment an Natural Resources Alan W. Klimek, P: E. Director -? Division of Water Quality Cfl 'C Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION January 12, 2004 Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Subject: Failure to Respond to Additional Information Letter Upgrade Silvermine Take-Out #3 DWQ Project Number 03-0567 Status: On-Hold Swain County Dear Ms. Browning: The Asheville Regional Office of the N.C. Division of Water Quality sent to your attention an additional information letter dated August 27, 2003 requesting additional information in regards to this project. In order to address back logged projects, we are setting deadlines for responses to our requests. You must provide a written response, addressing the issues stated in the August 27, 2003 letter, by no later than January 26, 2003 in order for this project to proceed. Should no written response be received by January 26, 2003, this office will have no recourse other than to return the package as incomplete. Should you have any further questions, please do not hesitate to contact me at kevin.barnettgncmail.net or at 828-251-6205. Sincerely, Kevin H. Barnett Environmental Chemist cc: David Baker, US Army Corps of Engineers Cyndi Karoli, DWQ 401 Unit 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.; Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Fax Tot Company: Number of pages including cover sheet: Notes or special instructions: Date: l LI a ?a y Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 '-v \") '9), ,V' C ±?t Fax #: 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands WLODS/401 MAY 2 0 USDA Forest S?e ALITV Wayah Ranger District 90 Sloan Road Franklin, NC 28734 To: C' Y/1 //i vu?gprIGEn NA-Igp Land of the Noonday Sun b Uv ?) lviKo /P_al- From: 0,3-65(7 Number of-Pages (Including this sheet) -- 6 .. .. ................................................................................... .... ........:.......... ................ ...... ...............- Additional Information: Wer zZre. 7//t4e- A?-S (2/ C4?Nl?'7GL?`' GL CL) 2 11?211 Contact PPfone: (828) 524-6441 FAX NumG828) 369-6592 r/nnnq in. All VAY --- t VJ/tU/GV VU tV v a<aa xc?k TX REPORT mx??k ??kskxe?k?e?:k??k?k?&?k?k?kxe?k?xe??k TRANSMISSION OK TX/RX NO 1338 CONNECTION TEL 19197336893 SUBADDRESS CONNECTION ID ST. TIME 05/15 10:47 USAGE T 01'13 PGS. SENT 6 RESULT OK USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 To: C4(hd " From: Number of-Pages " (Including this sheet) ................ ..,??..?? ............................ ................. ...,....................... _...... ............................. ...................................... .,,................................. ...... ........... Additional Information: Land of the Noonday Sun Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 13, 2003 Swain County DWQ Project No. 03-0567 CERTIFIED MAIL: Return Receipt Requested Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC, 28734 Dear Ms. Browning: Reference is made to your application for a 401 Water Quality Certification to construct a retaining wall along 320 linear feet of the Nantahala River in Swain County. In your application, you noted that the State Clearinghouse gave input to the EA. Although an approval of a FONSI by the State Clearinghouse is not required for US Department of Agriculture projects, correspondence documenting coordination with the State Clearinghouse will be necessary before we can proceed with review of your application. Please note that DWQ cannot issue a 401 Certification until the project has received documentation of your coordination with the State Clearinghouse in accordance with NCAC 15A:01 C .0402. We have been unable to find documentation of this project under the names of Nantahala River Corridor, Fontana Lake, Upgrade Silvermine Take-out #3, or otherwise in Swain County. If you have documentation of your coordination with the State Clearinghouse, please provide us a copy of their recommendation. Please be sure to include the State Clearinghouse Project Number in your correspondence so that we can track this project. Please note that you have three days from the date of this correspondence to provide a response. If you do not provide a response within three days, we will assume you no longer wish to pursue this project and will consider the application withdrawn. Thank you for your attention. If you have any questions, please contact Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sincerely, John Dorney JRD/cbk cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Melba McGee File Copy Central Files 030567 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Service 7748 u s. Customer 1 800 623- State of North Caijlina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Nann B. Guthrie, Regional Manager Affl"FAAA AM# .V- Asheville Regional Office WATER QUALITY SECTION _ L;- February 14, 1994 Mr. Michael L. Wilkins, District Ranger Wayah Ranger District 8 Sloan Road Franklin, NC 28734 Subject: Nantahala River Project Environmental Assessment Macon/Swain Counties Dear Mr. Wilkins: We appreciate the opportunity to comment on the Environmental Assessment of the Nantahala River Project. We have concerns about the extremely high usage of the Nantahala River and the potential degradation of water quality which may result. The Nantahala River is classified as B Trout ORW from its source to Roaring Fork. From Roaring Fork to Fontana Lake, the classification is B Trout. Currently, this section is under study by the Water Quality Section for consideration for reclassification to ORW. This designation would prevent new point source discharges and require more stringent stormwater controls on other development. Preliminary results indicate, however, that the section below the hydroelectric plant may not meet the minimum requirements of biological diversity for this designation. Flush toilets pose a greater threat to water quality due to the potential for excessive water consumption because of overuse or leakage, leading to failure of subsurface disposal systems. It is recommended that non-flush or very low volume flush facilities be used in lieu of conventional flush toilets. Other concerns include loss of vegetation and canopy beside streams and the resulting temperature, erosion, and habitat impacts. It is recognized that the project will result in minimization of many of these adverse impacts. It is recommended that tree and vegetation removal be minimized, especially within the stream bank zone. Natural vegetation should be used to stabilize stream banks. Concerning sedimentation in the launching pools, it is anticipated that maintenance will continue to be necessary. Some means of access for periodic removal should be considered, since it is not feasible to avoid sediment in quiescent areas without controlling upstream sources. Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone 704-251-6208 FAX 704-251-6452 .An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Michael L. Wilkins February 14, 1994 Page Two Stormwater from impervious areas should be diverted away from a direct discharge into the river. Vegetated buffer areas should be used as much as possible to filter runoff from these areas. We will be glad to offer specific comments and recommendations as plans for individual projects are developed. If you have any questions, you may call me at 704-251-6208. Sincerely, Paul R. White, P. E. Environmental Engineer copy: Richard Burns a l i trk'? _ 1t[Y ?' t-y ' 01 North Carolina Wildlife sources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director November 18, 1991 Mr. Michael L. Wilkins District Ranger Wayah Ranger District U.S. Forest Service 8 Sloan Road Franklin, NC 28734 SUBJECT: Proposed improvements within the Nantahala River Gorge, Swain and Macon Counties. Dear Mr. Wilkins: The North Carolina Wildlife Resources Commission (NCWRC) has completed its review of the proposed improvements within the Nantahala Gorge, and a field staff biologist conducted a site visit on September 20, 1991. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25). The U.S. Forest Service is proposing improvements within the Nantahala River Gorge to eliminate safety hazards, eliminate on-going resource damage and to provide needed and improved facilities for the increased use of the Nantahala River by the general public. We are pleased that erosion problems near the lower end of the Nantahala River are being addressed, which will lessen adverse impacts to trout from sedimentation. The NCWRC has no objection to the project as planned and no further comments at this time. We request that the draft Environmental Assessment and all supporting documents be provided to the NCWRC for review and comments. Thank you for the opportunity to provide input during the early stages of this project. If we can be of further assistance, please advise. Sincerely, 6111?_ / 9"?p Dennis L. Stewart, Manager Habitat Conservation Program cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist Mr. Micky Clemmons, District 9 Fisheries Biologist Mr. Joffrey Brooks, District 9 Wildlife Biologist y w SATC 1 M 1 C? x? North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director January 24, 1997 Paul Schuller, Director Fire, Forest, and Heritage Resources National Forests in North Carolina P.O. Box 2750 Asheville, NC 28802 Re: Nantahala Gorge improvements project, Macon and Swain Counties, ER 97-8071 - -- Dear Mr. Schuller: Thank you for your letter of December 20, 1996, transmitting the archaeological survey report by David Dyson concerning the above project. During the course of the survey no sites were located within the project area. Mr. Dyson has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, X6 David Brook Deputy State Historic Preservation Officer DB:slw 109 East Jones Street • Raleigh, North Carolina 27601-2807 ???9 t FILE COPY Office Use U, Fn,yersion May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. II. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 13 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), cW&AWA01 GROUP Applicant Information MAY 0 8 ?0(j3 Owner/Applicant Information Name: USDA Forest Service Contact: Sally Browning MATER QUALITY sF('.T1 N Mailing Address:Wayah Ranger District, 90 Sloan Road, Franklin, NC 28734 Telephone Number: 828/524-6441 Fax Number: 828/369-6592 E-mail Address: srowning@fs.fed.us 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: N/A Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 13 III. Project Information 5 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: Upgrade Silvermine Take-out #3 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A National Forest Lands 4. Location County: Swain Nearest Town: Wesser - Community Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Bryson City travel south on US 19. The project lies between the old bridge crossing the Nantahala River at Wesser and Silvermine Creek (just downstream from NOC's store). Site coordinates, if available (UTM or Lat/Long): 35 19.89, 83 35.56 (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):.24 acres, 7. Nearest body of water (stream/river/sound/ocean/lake): Nantahala River - 700' before it flows into Fontana Lake 8. River Basin: Little Tennessee River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/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: The proposed area is currently being used as a river take-out. Over 50,000 people get oout of the river on this spot each year. The take-out has a gravel surface that is eroding along with the river bank. A large portion of the take-out is located on Page 6 of 13 old road fill material. The river bank closest to Silvermine Creek is shored up with 8" x 8" treated timbers. We would replace the existing timbers with a concrete wall. 10. Describe the overall project in detail, including the type of equipment to be used: The take- out will be upgraded for public use and safety by constructing a 10-16' wall above the high water mark with a set of concrete steps on the upstream side and a ramp with steps in the middle of the project. The wall with steps and ramp will extend for 230 feet. A track how will be used to dig out some large boulders and old waste material. This material will be placed away from any live streams . 11. Explain the purpose of the proposed work: The purpose of the work is to provide for better public safely and use while preventing further bank erosion and sedimentation of the Nantahala River. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A This project will complete the take-out upgrade 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. Page 7 of 13 1. Provide a written description of the proposed impacts: The 230' concrete retaining wall will take the place of a timbered wall and natural stream bank. The existing take-out that will be improved is located on old road fill material (Udorthent soils) 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) 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, 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 htto://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: 0 Total area of wetland impact proposed: 0 Udoorthent soils dominate the existing take-out. The take-out (old road shoulder) and US 19 were constructed on man made soils (Udorthents). The area adjacent to the river was filled to construct US 19 many years ago. This space is the only place that the road and take-out can be between the base of the mountain and the river. The river bank along the 320 foot section for a few feet is Rosman soil. It is classified as a moderately well drained soil. Neither soil is classified as a wetland or hydric soil. The Nantahala River flows into Fontana Lake approximately 700 feet below the take-out area. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact linear feet) Stream Name** Average Width of Stream Before Imp act Perennial or Intermittent? ( leasespecify) * 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), Page 8 of 13 stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 320' of stream bank 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 map) Type of Impact* Area of Impact (acres) Name of Waterbod y (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. Silt fence will be placed below the area where the 320 feet of retaining wall, steps and ramp will be placed. The retaining wall construction will take place when the Nantahala power house is not generating water and the water levels in the Nantahala River are low. 5. Pond Creation 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. We will nronerly place silt fence below the retaining wall construction area. We will plant trees back in large planters along the retaining wall. The retaining wall construction will take place Page 9 of 13 when the power house is not generating water and the water levels are low. The level of Fontana Lake will also be low at this time. The project is approximately 700 feet above where the Nantahala River flows into Fontana Lake. 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/ncwetlands/strmp,ide.html. 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. Page 10 of 13 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.state.nc.us/wro/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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 ? National Forest lands -federal Nantahala National Forest 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 ? NEPA document completed by USDA Forest Service A cultural resource/archeological inventory was completed for the project as part of the Nantahala River Corridor Environmental Assessment. No significant sites were found. The final report was sent to the State of North Carolina for SHPO approval. It received SHPO approval. A biological evaluation was completed for the project. This included informal consultation with the U.S. Fish and Wildlife Service. 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 ® N/A The state clearinghouse gave imput to the EA. A final approval letter is not required on a USDA project. In this case the decision maker was the district ranger. 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 11 of 13 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 (Meuse), 15A NCAC 2B .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 * 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. XI. XII. 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 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. None now - currentlv gravel surface washes away due to slope of US 19 24 acres of pavement - pipes and sloping will control the water 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 Page 12 of 13 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). The retaining walls for this project will be mostly completed when the Nantahala River Power House is down for maintenance. The Nantahala River flows at a low level during this time. Any additional work on the take-out wall will take place during periods of water being turned off. This projects lies 700' from where the Nantahala River drops into Fontana Lake. Fontana Lake is drawn down during the period that we plan to do the construction work. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 Ta{' Silvermine Take-out L Take-out #3 s ? 1 I? ?-?? li???1?1? f -? fir; ', ?? ?? ? - ?, ? ?`?`'Y ? ??!_,{?_ j? 1 \ VA, c i' I, ?? i Pik r J0C????n x»? ? `? 171 fl ? ? ? ??l iff rl ? ap ''4j. S). ? i? ? t ) ?,? _-i? l - •f (i 1????1 Ip?r ®r, 1 c Project Location T? ?',? Z, rf UU ?,ti ?. / J Ij : A l ?? J f 1 C ?r p i ° 'F er bless Quadrangle =1 mile Scale 264" r r v ( J i ? ??.1 ? 1 )r? a` ? O C? Welch Ridge p ° ( ?e SMOK MOUNTAINS 1? NATIO ?1d?e j aPP Ridgy m ?o VICINITY MAP w 8? Silvermine Take-out Upgrade Wayah Ranger District g Nantaha1 `?- a National Forest t Robbinsville 1 3147E - 1 ?-C ?-' ? - Z,J \? ?l Tuskeegee TSALI ??,?/1 Gu ter Cem ?yl _ 1236 f Chestnut , S?? , SowYe i f _ j i- ??.ogGap ?LreekCe Q? ?? ? Brock ? ? r. - Rood t?,owii,Ce p ?? as U ?..? -,? f ? ? "tom. > tj? ? Co1dS rin s,,, UN L-__. - Ed. ords Cable Gap rY a p7 a P 9 p Cabtc?Cem < o ) a', 1 [ Ct -l (< -* NS 5 ,tlo e P J- ?? Lauada• Knob Hidet wn l j' sowm(n L i ?j - i le k ns Ce?n, Almond -t Hill Ch i ' Dovis Cem I It ?Stecoah ? _J? 'V Stecoah', ti0 ?. a14 1 ,? / [NoNO Sch iJ{ ?j<< ?p =ate h ?Bt (` -? i Cho White 0.k So ? yZ w J r- ?+o 1 0 [,- eet?' y,?. C-4 f t 3 1 otY' ?, jRPVI, uchulla Cem Cheoah 'Grassy ?2. ( Swim Sal Gap J Ledb-dSrer Ce Hogback Gap n Sassafras Gap Wes?- ` i 'Holloway ?? Locust ove Ga, AF,vA ?. - Project Location S S ti\ Cheoa'h, 1r, erush creek W ROAN, c 1 en a cem Bard/' T+ a. W-esselC -em Mica > -- //? Knob Breedlove Cem i Q Tobor y _ tz l? O r G? Truitt Ce CM m 1 T A, y _ _IO >? p `• ? ?? e°' 1 ? E?IewiYf: _ 1 Gronr ?/^ t ? / I Brush CreekJ tp o? r ?{ ?` 1) A w' ? ?,? ?- Com C7 ? ,tom 1 f `oA I, ?. .LfT7,?E+ School ?eyt F£RE81 Ei Pin acle MEMORIAL 7?1? ( % ?7 7.•> Knob iYCE2 gum 1;Nk0 /CO ?De Hart Nantahal8 ?r s .. C+ ndACON Bald ? 1?1 y?wessER' ~??Pinnacle 1rKo ^ I Cb T .BALD BCe 3 5 11,1p prtrid9c 1tLO__ Morgon Cemi Bear Tellico 1365 /Creek -NANFA AL"A177V&7-_I Stiles f / LAUNnNtrF l ?l , r\ r . Tei..• 1 l •Tulala U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE a ?Q__ 'T ?.ZY C NANTAHALA NATIONAL FOREST NORTH CAROLINA 3 39 Scale 1:126,720 1387 F. 1 X2 o 1 2 3 4 6 Miles 7 r i 1 14 0 1 2 3 4 6 Kilometers Ike S - ?y r Rocky ?71 r Knob ?I,. RID1G ?Id yX f TRtMOr1T? ??rr ?a?? y r ( W yah? C(1 _ l s y/ M1 l ap N?N7iA1A°1 1 wine MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Upgrade Silvermine Take-out # 3 Project Number 03 0567 County Swain County2 Recvd From APP Received Date 5/8/03 Recvd By Region Project Type streambank stabilization w/ concrete wall Certificates Stream Permit Wetland Wetland Wetland Stream -Class Acres Type Type Impact Score Index- Prim. Supp. Basin` Req. Region Asheville Stream Impacts (ft.) Feet - - Req. 13 Stream 77 O N ? ~7-(22.51 I ° TR 40,403. ?? 320.00 320.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue Q Issue/fond pQ Deny Provided by Region: Latitude (ddmmss) 351989 Longitude (ddmmss) Comments: -833556 If you are familiar with the river, this is already being used as a take out but appears to be questionable as a safe take out. There is no active erosion but a portion of the bank along Silvermine Creek and the Nantahala L__ ?:.Y b. _.._ __ _a_L.:1:__t:_.- 11 _..... _i..__... :_ .._.._t_a__I ...711- _. .__.Y____ __? cc: Regional Office Page Number 1 Central Office Facility Name Upgrade Silvermine Take-out # 3 County Swain Project Number 03 0567 Regional Contact: Barnett, Kevin Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director o Division of Water Quality she,01?00gional Office WATER QUALITY SECTION SFP ANWQ11 TId Ms. Sally Browning August 27, 2003 ' USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Subject: Regional Office Comments Upgrade Silvermine Take-Out #3 DWQ Project Number 03-0567 Swain County Dear Ms. Browning: The Division of Water Quality has carefully reviewed the submitted application and determined that, as submitted, a 401 Water Quality Certification cannot be issued. The Asheville Regional Office believes that the subject activity would be regulated as a "filling" activity. As such, The Asheville Regional Office feels that alternatives to this project should be evaluated. The Division offers the following as one such alternative: Expansion of the existing, upstream, commercial take-out to handle the additional load of paddlers and to serve the two additional commercial rafting interests. This extension should be of the existing concrete apron and parking area in the upstream direction. As mitigation for this filling activity, the Silvermine Take-Out #3 would be removed and the stream bank restored to a natural state. The Division of Water Quality believes that this would be a more complete solution to the previously submitted package. Should the U.S. Forest Service be unable, or unwilling, to consider this alternative, then the submitted package should be rewritten to address the filling activities associated with the previously applied for Silvermine Take-Out #3, and include mitigation for these impacts. Should you have any further questions, please do not hesitate to contact me at 828-251-6205 or at kevin. b arnettnncmail. net. Sincerely, i Kevin H. Barnett Environmental Chemist Cc: Todd St. John, DENR 401 Unit Owen Anderson, NC WRC David Baker, US Army Corps of Engineers Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 F 1NATF Q R Michael F. Easley Governor William G. Ross, Jr., Secretary 7 Department of Environment and Natural Resources Q `C Alan W. Klimek, P.E., Director Division of Water Quality 11 Certified Mail Return Receipt Requested Mr. Michael Wilkins USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Subject: Dear Mr. Wilkins: August 12, 2003 Upgrade Silvermine Take-out #3 DWQ Project No. 030567 Swain County Per our discussion that you referenced in your August 4, 2003 correspondence the information below must still be provided in regards to your request to harden 320 feet of the bank (and bottom) of the Nantahala River and Silvermine Creek: 1) The exact impacts to jurisdictional waters and/or wetlands are not clearly delineated on the site plan provided. Please clearly indicate all impacts to jurisdictional waters and wetlands on the site plans. It is recommended that full size plans be submitted that clearly show the normal high water with the project overlay. 2) As long as the site plan described above in item no. 1 does not show any impacts below the normal high water or encroachment into the river, mitigation will not be required. However, if impacts are proposed to the river itself, then mitigation may be required. Previously conducted stream restoration or enhancement projects could be considered for mitigation credit as long as they fulfilled the Division's criteria for stream mitigation credit. 3) The project will result in .24 acres. of impervious area immediately adjacent to the stream. The stormwater management proposed will only direct stormwater directly into the stream. Stormwater treatment prior to discharge will be required for the runoff from the new impervious area. As we discussed, bioretention areas (in lieu of the planters) may prove to be a good treatment option. Please include conceptual stormwater management plans as part of the submittal for item no. 1 above. This information is needed by the Division in order for us to decide whether this project is approvable. Please call Todd St. John at 919-733-9584 if you have any questions. Until this information is received, I will place this project on hold due to incomplete information (15A NCAC 2H .0507(a)). i h R. Dorney a er Quality Ce ificatio Program cc: Asheville DWQ Regional Office Asheville Regional USACE Office Todd St. John File Central Files North Carolina 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) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.uslncwetlands/ WNArF.Q Michael F. Easley Governor r William G. Ross, Jr., Secretary y Department of Environment and Natural Resources p Alan W. Klimek, P.E., Director Division of Water Quality Certified Mail Return Receipt Requested Ms, Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Dear Ms. Browning: July 2, 2003 Subject: Upgrade Silvermine Take-out #3 DWQ Project No. 030567 Swain County The Division of Water Quality has reviewed your submittal to harden 320 feet of the bank and bottom of the Nantahala River and Silvermine Creek. After a site review by DWQ's Asheville Regional Office it has been determined that your application was not complete for the following reasons: 1) Please provide a signed copy of the application. 2) The exact impacts to jurisdictional waters and/or wetlands are not clearly delineated on the site plan provided. Please clearly indicate all impacts to jurisdictional waters and wetlands. 3) The proposed impacts will result in a loss of near bank aquatic habitat and the proposed planters are not considered sufficient to replace this loss. As such, 320 feet of compensatory mitigation is required. A mitigation plan must be provided to replaced the lost habitat. 4) The project will result in .24 acres of impervious area immediately adjacent to the stream. The stormwater management proposed will only direct stormwater directly into the stream. Stormwater treatment prior to discharge shall be required for the runoff from the new impervious area. Bioretention areas (in lieu of the planters) may prove to be a good treatment option. This information is needed by the Division in order for us to decide whether this project is approvable. Please call Todd St. John at 919-733-9584 if you have any questions. Until this information is received, I will place this project on hold due to incomplete. information (15A NCAC 2H .0507(a)). Program cc: Asheville DWQ Regional Office Asheville Regional USACE Office Todd St. John File Central Files North Carolina 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) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.no.us/ncwetlands/ 05/15/2003 11:06 FAX USDA Forest Service Wayah Ranger District 90 Sloan Road Franldin, NC 2.8734 To: lA 001 C, Y/1 "y;' -?? In 4 L ? C7 17t [LANDS I401GROUP 15 2003 AWSWLITY SECTION From--Ilia Number o Wages (Including this sheet) .................................................................................................................................................................. 0 ....... ... / Additional Information: `'-fiO/X, -74& cl? o r, r (?, .T tv v ou;?- d f' 7 a q).t cl.?C d r.,c cowl,oxkr 7?. A w ate _Z Contact P one: (828) 524-6441 FAX Num r: (828) 369-6592 Land of the Noonday Sun 05/15/2003 11:07 FAX wi ooZ A Michael F. Easley, Governor L4 Qt William G_ ROSS Jr., Secretary North Carolina DQpanmerlt of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Q ? May 19, 2003 Swain County DWQ Project No. 03-0567 CERTIFIED MAIL: Returrt Racft#_Reauested Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NO, 28734 Dear Ms. Browning: Reference is made to your application for a 401 Water Quality Certification to construct a retaining wall along 320 linear feet of the Nantahala River in Swain County_ In your application, you noted that the State Clearinghouse gave input to the F`cA. Although an approval of a FONSI by the State Clearinghouse is not required for US Department of Agriculture projects, correspondence documenting coordination with the State Clearinghouse will be necessary before we can proceed with review of your application. Please note that DWQ cannot issue a 441 Certification until the project has received documentation of your coordination with the State Clearinghouse in accordance with NCAC 15A:01 C .0402. We have been unable to find documentation of this project under the names of Nantahala River Corridor, Fontana Lake, Upgrade Silverrnine Take-out #3, or otherwise in Swain County. If you have documentation of your coordination with the State Clearinghouse, please provide us a copy of their recommendation. Please be sure to include the State Clearinghouse Project Number in your correspondence so that we can track this project Please note that you have three days from the date of this correspondence to provide a response. If you do not provide a response within three days, we will assume you no longer wish to pursue this project and will consider the application withdrawn. Thank you for your attention. If you have any questions, please contact Cyndi Karoly in our Central Office In Raleigh at (919) 733-9721. Sincerely, John Domey JRDlcbk cc- Corps of Engineers Asheville Regulatory Field (Office Asheville DWQ Regional Office Melba McGee File Copy Central Files 030587 ---``' 1 X11 N. C_ Division of Water Quality 1$17 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623- 7748 05/15/2003 11:07 FAX State of North Calulina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Nann B. Guthrie, Regional Manager Asheville Regional Office WATER QUALITY WJ uu3 i?• IJr--=? SECTION February 14, 1994 Mr. Michael L. Wilkins, District Ranger Wayah Ranger District 8 Sloan Road Franklin, NC 28734 ,'? r -.p ,lei!? FOF.?:...r?._.,-. • + _ _. ?- SLEET,.,... __- fd..' 4k Subject; Nantahala River Project Environmental Assessment Macon/Swain Counties Dear Mr. Wilkins: We appreciate the opportunity to comment on the Environmental Assessment of the Nantahala River Project. we have concerns about the extremely high usage of the Nantahala River and the potential degradation of water quality which may result. The Nantahala River is classified as B Trout ORW from its source to Roaring Fork. From Roaring Fork to Fontana Lake, the classification is B Trout. Currently, this section is under study by the Water Quality Section for consideration for reclassification to ORW. This designation would prevent new point source discharges and require more stringent stormwa.ter controls on other development. Preliminary results indicate, however, that the section below the hydkoelectric plant may not meet the minimum requirements of biological diversity for this designation.- Flush toilets pose a greater threat to water quality due to the potential for excessive water consumption because of overuse or leakage, leading to failure of subsurface disposal systems. It is recommended that non-flush or vety low yol u?rLe flush. facilities be used in lieu of conventional flush toilets. Other concerns include loss of vegetation and canopy beside streams and the resulting temperature, erosion, and habitat impacts. It is recognized that the project will result in minimization of many of these adverse impacts. It is recommended that tree and vegetation removal be minimized, especially within the stream bank zone, Natural vegetation should be used to stabilize stream banks. Concerning sedimentation, in the launching pools, it is anticipated that maintenance will continue to be necessary. Some means of access for periodic removal should be considered, since it is not feasible to avoid sediment in quiescent areas without controlling upstream sources. Interchange Building, 59 Woodfin Place, Asheville. N.C. 28801 Telephone 704251-6208 FAX 704-251-6452 An Equal Opportunity Affirmative Action Employer 60% reeyelad/ 10% post-eonwmer paper 05/15/2003 11:07 FAX Michael L. Wilkins February 14, 1994 Page Two 10 004 Stormwater from impervious areas should be diverted away from a direct discharge into the river. Vegetated buffer areas should be used as much as possible to filter runoff from these areas, We will be glad to offer specific comments and recommendations as plans for individual projects are developed. If you have any questions, you may call me at 704-251-6208. Sincerely, - P-c-L-kc, Paul R. White, P. E. Environmental Engineer copy: Richard Burns 05/15/2003 11:07 FAX 4 005 '-7-"'TTortCar()life sources Commission 9 512 N. Salisbury Street, Meigh, North Carolina 27604-1188,9.19-733-3391 Charles R. Fullwood, Executive Director November 18, 1991 Mr. Michael L. Wilkins District Ranger Wayah Ranger District U.S. Forest Service 8 Sloan Road Franklin, NC 28734 SUBJECT: Proposed improvements within the Nantahala River Gorge, Swain and Macon Counties. Dear Mr. Wilkins: The North Carolina Wildlife Resources Commission (NCWRC) has completed its review of the proposed improvements within the Nantahala Gorge, and a field staff biologist conducted a site visit on September 20, 1991. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.) and the North Carolina Environmental Policy Act (G.S. 113.A,-1 through 113A.-10; 1 NCA.C 25). The U.S. Forest Service is proposing improvements within, the Nantahala River Gorge to eliminate safety hazards, ellmmate on-going resource damage and to provide needed and improved facilities for the increased use of the Nantahala Raver by the general public. We are pleased that erosion problems mear the lower end of the Nantahala Riven are being addressed, which will lessen adverse impacts to trout from sedimentation. The NCWRC has no objection to the project as planned and no further comments at this time. We request that the draft Environmental Assessment and all supporting documents be provided to the NCWRC for review and comments. Thank you for the opportunity to provide input during the early stages of this project. If we can be of further assistance, please advise. Sincerely, Dennis L. Stewart, Manager Habitat Conservation Program CC* Ms. Stephanie Goudreau, Mt. Region Habitat Biologist Mr. Micky Clemmons, District 9 Fisheries tiologist Mr. Joffrey Brooks, District 9 Wildlife Biologist 05/15/2003 11:07 FAX t? y?$rATF„ 19006 North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History 13etty Ray McCain, Secretary Jeffrey J. Crow, Director January 24, 1997 Paul Schuller, Director Fire, Forest, and Heritage Resources National Forests in North Carolina P.O,. Box 2754 Asheville, NC 28802 Re: Nantahala Gorge improvements project, Macon and Swain Counties, ER 97-8071 Dear Mr. Schuller: Thank you for your letter of December 20, 1996, transmitting the archaeological survey report by David Dyson concerning the above project- During the course of the survey no sites were located within the project area. Mr. Dyson has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration- if you have questions concerning the above comment, please contact Renee Giedhill-Earley, environmental review coordinator, at 919/733-4753. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw 109 East Jones Street • Raleigh, North Carolina 27401-2807 uoj? 05/15/2003 10:48 FAX State of North Caiulina Department of Environment. Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Nann B. Guthrie, Regional Manager ig 403 _JWK V_ 4•i i, ' j.,.?iVL?..... Asheville Regional Office WATER QUALITY SECTION February 14, 1994 Mr. Michael L. Wilkins, District Range' Wayah Ranger District BSloan Road Franklin, NC 28734 !ti a 17 }BEGET FILE 7 3k ; Subject: Nantahala River Project Environmental Assessment Macon/Swain Counties Dear Mr. Wilkins: We appreciate the opportunity to comment on the Environmental Assessment of the Nantahala River Project. We have concerns about the extremely high usage of the Nantahala River and the potential degradation of water quality which may result. The Nantahala River is classified as B Trout ORW from its source to Roaring Fork. From Roaring Fork to Fontana Lake, the classification is B Trout. Currently, this section is under study by the Water Quality Section for consideration for reclassification to ORW. This designation would prevent new point source discharges and require more stringent stormwater controls on other development. Preliminary results indicate, however, that the section below the hydroelectric plant may not meet the minimum requirements of biological diversity for this designation.- Flush toilets pose a greater threat to water quality due to,the potential for excessive water consumption because of overuse or leakage, leading to failure of subsurface disposal systems. It is recommended that non-flush or vcry low lush facilities be used in lieu of conventional flush toilets. Other concerns include loss of vegetation and canopy beside streams and the resulting temperature, erosion, and habitat impacts. It is recognized that the project will result in minimization: of many of these adverse impacts. It is recommended that tree and vegetation removal be minimized, especially within the stream bank zone. Natural vegetation should be used to stabilize stream banks. Concerning sedimentation in the launching pools, it is anticipated that maintenance will continue to be necessary. Some means of access for periodic removal should be considered, since it is not feasible to avoid sediment in quiescent areas without controlling upstream sources. Interchange Building, 59 WoodAn Pime, Asheville, N.C. 28801 Telephone 704-251-6206 FAX 704-251.6452 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper 05/15/2003 10:48 FAX Michael L. Wilkins February 14, 1994 Page Two 10004 Stormwater from impervious areas should be diverted away from a direct discharge into the river. Vegetated buffer areas should be used as much as possible to filter runoff from these areas. We will be glad to offer specific comments and recommendations as plans for individual projects are developed. If you have any questions, you may call me at 704-251-6208. Sincerely, ?._X GC.J Paul R. White, P. E. Environmental Engineer copy: Richard Burns 05/15/2003 10:48 FAY 10005 " North Carolina Wikdlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391 Cbarles R. FullwoW, Executive Director November 18, 1991 Mr. Michael L. Wilkins District Ranger Wayah Ranger District U.S. Forrest Service 8 Sloan Road Franklin, NC 28734 SUBJECT: Proposed improvements within the Nantahala River Gorge, Swain, and Macon Counties. Dear Mr. Willdus: The North Carolina Wildlife Resources Commission (NCWRC) has completed its review of the proposed improvements within the Nantahala Gorge, and a field staff biologist conducted a site visit on September 20, 1991. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25). The U.S. Forest Service is proposing improvements within, the Nantabala River Gorge to eliminate safety hazards, eliminate on-going resource damage and to provide heeded and improved facilities for the increased use of the Nantahala River by the general public. We are pleased that erosion problems near the lower end of the Nantabala River are being addressed, which will lessen adverse impacts to trout from sedimentation. The NCWRC has no objection to the project as planned and no further comments at this time. We :request that the draft Environmeintal.Assessment and all supporting documents be provided to the NCWRC for review and comments. Thank you for the opportunity to provide input during the early stages of this project. If we can be of further assistance, please advise. Sincerely, V- X Dennis L. Stewart, Manager Habitat Conservation Program cc: Ms. Stephanie Goudreau, Mt. Reg?'on Habitat Biologist CL% 0 Mr. Micky Clemmons, District 9 fisheries Biologist Mr. Joffrey Brooks, District 9 Wildlife Biologist 05/15/2003 10:48 FAX 9r LO 006 North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director January 24, 1997 Paul Schuller, Director Fire, Forest, and Heritage Resources National Forests in North Carolina P.Q. Box 2750 Asheville, NC 28802 Re: Nantahala Gorge Improvements project, Macon and Swain Counties, ER 97-8071 Dear Mr. Schuller: Thank you for your letter of December 20, 1996, transmitting the archaeological survey report by David Dyson concerning the above project. During the course of the survey no sites were located within the project area. Mr. Dyson has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, ?Y - zw? David Brook , Deputy,State Historic Preservation Officer .. log East Jones Street • Raleigh, North Carolina 27601-2807 g? 05/15/2003 10:47 FAX 'USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 To: C. t(/, //i- v From es Numbeloa g (Including this sheet) IQ 001 Additional Information: Wev-e- ?e 7'Z/Le- 18-116-&--y ?rflm. 7?lc.e- ?? ?? ou, awe ie9uca..?r2? . -7- c?a? Duf o f ?u?.?.. ?cla!?afwee. bum COIW/Oa?kr M4Uq 6417 ?`? 6 w rZia? cou/Q? 24 - J--X/ 11 Contact Ptfone: (828) 524-6441 FAX NumL828) 369-6592 Land of the Noonday Sun 05/15/2003 10:48 FAX IQ.IUUz wA Michael F. Easley, Governor Qf ? Wellam 0. Ross Jr-, Secretary North Carolina Department of Environment and Natural Resources • Alan W. Klimek, P.E. Director r Division of Water Quality >. y May 13, 2003 Swain County DWQ Project No. 03-0567 rIERTIFIED MAIL- Return Rwelat Requested Ms. Sally Browning USDA Forest Service Wayah Ranger Dlstrlct 90 Sloan Road Franklin, NO, 28734 Dear Ms. Browning: Reference is made to your application for a 401 Water Quality Certification to construct a retaining wall along 320 linear fast of the Nantahals River in Swain County. In your application, you noted that the State Clearinghouse gave input to the EA. Although an approval of a FONSI by the State Clearinghouse is not required for US Department of Agriculture projects, correspondence documenting coordination with the State Clearinghouse will be necessary beiore we can proceed with review of your application. Please note that DWC cannot issue a 401 Certification until the project has received documentation of your coordination with the State Clearinghouse in accordance with NCAC 15A:01 C .0402. We have been unable to find documentation of this project under the names of Nantahala River Corridor, Fontana Lake, Upgrade Silvermine Take-out #3, or otherwise in Swain County. If you have documentation of your coordination with the State Clearinghouse, please provide us a copy of their recommendation. Please be sure to Include the State Clearinghouse Project Number in your correspondence so that we can track this project. Please note that you have three days from the date of this correspondence to provide a response. If you do not provide a response within three days, we will assume you no longer wish to pursue this project and will consider the application withdrawn. Thank you for your attention. If you have any questions, please contact Cyndi Karoiy in our Central Office In Raleigh at (919) 733-9721. sincerely, John Domey JRDlcbk cc: Corps of Engineers Asheville Regulatory Feld Office Asheville DWQ Regional Office Melba McGee File Copy Central Files 030667 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623- 7746 Re: hold letter Subject: Re: hold letter Date: Thu, 15 May 2003 11:30:33 -0400 From: "Sally Browning" <sbrowningC fs.fed.us> To: Cyndi Karoly <cyndi.karoly@ncmail.net> I have faxed these letters to your office today. I have also sent a hard copy in the US Mail. I do not have these letters on the computer to attach to this message. Sally Browning Sally Browning, Resource Assistant Wayah Ranger District 90 Sloan Road Franklin, NC 28734 ph: 828-524-6441 FAX: 828-369-6592 Cyndi Karoly <cyndi.karoly@nc To: sbrowning@fs.fed.us mail.net> cc: Subject: hold letter 05/13/2003 11:25 AM Sally - please note the 3-day turnaround time in this hold letter. This is not our choice. We have been directed to require this. Please provide any written response - even by e-mail noting that you're working on a reply - so it won't get withdrawn. (See attached file: 030567.doc) Name: 030567.doc M030567.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Download Status: Not downloaded with messaize 1 of 1 5/20/03 9:56 AM 0? WArFR Michael F. Easley, Governor William G. Ross Jr., Secretary `? QG North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director y Division of Water Quality o ? May 13, 2003 Swain County DWQ Project No. 03-0567 CERTIFIED MAIL: Return Receipt Requested Ms. Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC, 28734 Dear Ms. Browning: Reference is made to your application for a 401 Water Quality Certification to construct a retaining wall along 320 linear feet of the Nantahala River in Swain County. In your application, you noted that the State Clearinghouse gave input to the EA. Although an approval of a FONSI by the State Clearinghouse is not required for US Department of Agriculture projects, correspondence documenting coordination with the State Clearinghouse will be necessary before we can proceed with review of your application. Please note that DWQ cannot issue a 401 Certification until the project has received documentation of your coordination with the State Clearinghouse in accordance with NCAC 15A:01C .0402. We have been unable to find documentation of this project under the names of Nantahala River Corridor, Fontana Lake, Upgrade Silvermine Take-out #3, or otherwise in Swain County. If you have documentation. of your coordination with the State Clearinghouse, please provide us a copy of their recommendation. Please be sure to include the State Clearinghouse Project Number in your correspondence so that we can track this project. Please note that you have three days from the date of this correspondence to provide a response. If you do not provide a response within three days, we will assume you no longer wish to pursue this project and will consider the application withdrawn. Thank you for your attention. If you have any questions, please contact Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sincerely, John Dorney JRD/cbk cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Melba McGee File Copy Central Files 030567 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Service Customer 1 800 623- 7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 To: (? ?4 n pany: V! .ber of pages including cover .sheet: s or special instructions: -V--'Y), d-o - A Fax #: 9)-o' Date: IkO-3 ;ion of Water Quality, 401 Wetlands Certification Unit, Service Center, Raleigh, NC 27699-1650 (Mailing Address) ree Blvd., Raleigh,.NC 27604-2260 (Location) 1786 (phone). 919-733-6893 (fax). (httDJ/h2o.enr.state.nc.tWncwetiands s40 % 05/08/2003 15:50 FAX USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 25734 To: Frorn : r-\fal-1,a 4,i-da-milto Number of Pa s (Including this sheet) Additional Information : a 001 VVLANDS1401 p r MAY 0 8 TERQUALITY, .qE Tt Contact Phone: (828) 524.6441 FAX Number: (828) 369-6592 Land of the Noonday Sun Triage Check List Date: 0 ? Project Name: e-All ,e DWQ#: 03 - O SCQ? County: J y? To: X ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson ? RRO Steve Mitchell ? WaRO Tom Steffens ? WiRO Noelle Lutheran ? WSRO Cyndi Karoly (Central Office) From: Ml ?? 0 Telephone : (919) 73 The file attached is being forwarded to your 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 JEkmmimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios `` I", ? Ditching V ? Are the stream and or wetland mitigation sites available and viable? CE3-elieck drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments (_A&? ?? ? +-b tp& - ato Ae ?? V F-E-oU United States Forest Wayah Ranger District 90 Sloan Road Department of Service Franklin, NC 28i734 Agriculture Phone: 828-524-6441 North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Sir or Madam: File Code: 2520/2350 Date: May 6, 2003 0'q 0Q Here are seven copies of a permit for 401 certification. Also enclosed is our $475. Sincerely, r MICHAEL L. WILKINS District Ranger cc: NCWRC, USACE WETLANDS /401 GROUP MAY 0 S 2003 "MATER QUALITY SECTION We mac.a- 1tu1;4t?,-11 1, ?,,L. Caring for the Land and Serving People Printed on Recycled Paperi# N ( j-- A i El ,.,.err m.»>r Q"aW*. SYapob $0 a/ - ! 1 1730: NFAU Lim of Ponlrn?t --?- Nwr Ed§e of Anwne N"O tie Csnts Lim ! k - .ma+.xP pus t SMw Li 7 , °enahma. k is Chiseled Squcrs on Corner of Conc. et£ headwolt at Noithwes. Comer of Oridys Ftavoticn (as ta*cn om N.C.O.O.F. pr'ons for near b das) 1742.52 Ft !531.12 Alei[rsj oan ewa? = fro' bwt Qmam - fmAr m Inca TOPOCRAPHIC SL ?T AdWknd Re>:rwwa - MWAvft AW Set h AlogaeGe AW Sbt h Cm"IN Needed Located Cavcrele Neoe/aY 5 25--57-15 w Amos, Assamed GbaraFate+ .. Axamed Q Illief ! • N MR.20 ft N = 4=56 ft E = MOM FL E = 44=w ft Ehrattm - 1726.50 fL 56mum - 113252 F'L ? Lsklavsem `) _ 7dgeMa?e ANNa/_// r t 1715-----?^-- 50 O 50 SCAL 1 MARCH 21, 200' 171620 172ti . L??f. a ir8" heeled K6ad / .? i O Q 1 1 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources QG L , .,? Alan W. Klimek, P.E., Director Division of Water Quality Certified Mail Return Receipt Requested Ms= Sally Browning USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Dear Ms. Browning: Subject: Upgrade Silverm' DWQ Project N r SECTO Swain County The Division of Water Quality has reviewed. your submittal to harden 320 feet of the bank and bottom of the Nantahala River and Silvermine Creek. After a site review by DWQ's Asheville Regional Office it has been determined that your application was not complete for the following reasons: 1) Please provide a signed copy of the application. 2) The exact impacts to jurisdictional waters and/or wetlands are not clearly delineated on the site plan provided. Please clearly indicate all impacts to jurisdictional waters and wetlands 3) The proposed impacts will result in a loss of near bank aquatic habitat and the proposed planters are not considered sufficient to replace this loss. As such, 320 feet of compensatory mitigation is required. A mitigation plan must be provided to replaced the lost habitat. 4) The project will result in .24 acres of impervious area immediately adjacent to the stream. The stormwater management proposed will only direct stormwater directly into the stream. Stormwater treatment prior to discharge shall be required for the runoff from the new impervious area. Bioretention areas (in lieu of the planters) may prove to be a good treatment option. This information is needed by the Division in order for us to decide whether this project is approvable. Please call Todd St. John at 919-733-9584 if you have any questions. Until this information is received, I will place this project on hold due to incomplete information (15A NCAC 2H .0507(a)). Sincerely, rter ti Program cc: Asheville DWQ Regional Office Asheville Regional USACE Office Todd St. John File Central Files We 60 - fn 11 July 2, 2003 VVErLANDSl41011 GAOU1: JUL ? i Iiit; j North Carolina 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) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiAnds/ United States Forest Wayah Ranger District 90 Sloan Road ti c Department of Service Franklin, NC 28i734 Agriculture Phone: 828-524-6441 File Code: 2520/2350 Date: May 6, 2003 North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Sir or Madam: Here are seven copies of a permit for 401 certification. Also enclosed is our $475. Sincerely, c MICHAEL L. WILKINS District Ranger cc: NCWRC, USACE We- .mod a- .<u a f ?: >1:1 </ ? _ Caring for the Land and Serving People Printed on Recycled Paper 4' Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 13 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: ? II. Applicant Information 1. Owner/Applicant Information Name: USDA Forest Service Contact: Sally Browning Mailing Address:Wayah Ranger District, 90 Sloan Road, Franklin, NC 28734 Telephone Number: 828/524-6441 E-mail Address: srowning@fs.fed.us 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: N/A Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: 828/369-6592 Fax Number: Page 5 of 13 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: Upgrade Silvermine Take-out #3 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A National Forest Lands 4. Location County: Swain Nearest Town: Wesser - Community Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Bryson City travel south on US 19. The project lies between the old bridge crossing the Nantahala River at Wesser and Silvermine Creek (just downstream from NOC's store). 5. Site coordinates, if available (UTM or Lat/Long): 35 19.89, 83 35.56 (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):.24 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Nantahala River - 700' before it flows into Fontana Lake 8. River Basin: Little Tennessee River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/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: The proposed area is currently being used as a river take-out. Over 50,000 people get oout of the river on this spot each year. The take-out has a gravel surface that is eroding along with the river bank. A large portion of the take-out is located on Page 6 of 13 old road fill material. The river bank closest to Silvermine Creek is shored up with 8" x 8" treated timbers. We would replace the existing timbers with a concrete wall. 10. Describe the overall project in detail, including the type of equipment to be used: The take- out will be upgraded for public use and safety by constructing a 10-16' wall above the high water mark with a set of concrete steps on the upstream side and a ramp with steps in the middle of the project. The wall with steps and ramp will extend for 230 feet. A track how will be used to dig out some large boulders and old waste material. This material will be placed away from any live streams . 11. Explain the purpose of the proposed work: The purpose of the work is to provide for better public safely and use while preventing further bank erosion and sedimentation of the Nantahala River. IV. . Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A This project will complete the take-out upgrade 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. Page 7 of 13 1. Provide a written description of the proposed impacts: The 230' concrete retaining wall will take the place of a timbered wall and natural stream bank. The existing take-out that will be improved is located on old road fill material (Udorthent soils) 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) 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 htty://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0 Total area of wetland impact proposed: 0 Udoorthent soils dominate the existing take-out. The take-out (old road shoulder) and US 19 were constructed on man made soils (Udorthents). The area adjacent. to the river was filled to construct US 19 many years ago. This space is the only place that the road and take-out can be between the base of the mountain and the river. The river bank along the 320 foot section for a few feet is Rosman soil. It is classified as a moderately well drained soil. Neither soil is classified as a wetland or hydric soil. The Nantahala River flows into Fontana Lake approximately 700 feet below the take-out area. 3. Individually list all intermittent and perennial stream impacts below: 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? (lease specify) * 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), Page 8 of 13 stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 320' of stream bank 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 map) Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Silt fence will be placed below the area where the 320 feet of retaining wall, steps and ramp will be placed. The retaining wall construction will take place when the Nantahala power house is not generating water and the water levels in the Nantahala River are low. 5. Pond Creation 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): D uplands D stream D 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. We will properly place silt fence below the retaining wall construction area We will plant trees back in lame planters along the retaining wall. The retaining wall construction will take place Page 9 of 13 when the power house is not generating water and the water levels are low. The level of Fontana Lake will also be low at this time. The proiect is approximately 700 feet above where the Nantahala River flows into Fontana Lake. 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 NOV" 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 hLtp://h2o.enr.state.nc.us/ncwetlands/strmizide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin,.type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 10 of 13 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:l/h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 Z No ? National Forest lands -federal Nantahala National Forest 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 ? NEPA document completed by USDA Forest Service A cultural resource/archeological inventory was completed for the project as part of the Nantahala River Corridor Environmental Assessment. No significant sites were found. The final report was sent to the State of North Carolina for SHPO approval. It received SHPO approval. A biological evaluation was completed for the project. This included informal consultation with the U.S. Fish and Wildlife Service. 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 ® N/A The state clearinghouse gave imput to the EA. A final approval letter is not required on a USDA project. In this case the decision maker was the district ranger. 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 11 of 13 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 (Meuse), 15A NCAC 2B .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 * 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. XI. XII. 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 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. None now - currently gravel surface washes away due to slope of US 19 .24 acres of pavement =pipes and sloping will control the water 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 Page 12 of 13 z. 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). The retaining walls for this proiect will be mostly completed when the Nantahala River Power House is down for maintenance. The Nantahala River flows at a low level during this time Any additional work on the take-out wall will take place during_peri ods of water being turned off. This projects lies 700' from where the Nantahala River drops into Fontana Lake Fontana Lake is drawn down during the period that we plan to do the construction work Applicaiit/Agent's ature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 r l r i `r ! r r 1 G1'r ? ??L ?? ?1 Silvermine Take-out L`} ? , ? _ Lurch, Take-out #3 i t s _ ? 1 /? d1 ? it r qME Ul'? 14 17 r ? ??VTIkT 1.. 5, r ` f'fl ??}`?' i'? '? `, ??\i l? ?, 4e;r?i ?: ?. °?-'?"? i I ? '? ? r '•ir' 1 >-. ? `t i ? (JI /??'??, ?? i `? ` ,.`• ? -+l'i t /? II ? 1 1 ? 1I ?Il ? ??'?V }1- I f t`? V A, 0 ?. ."? ! r ? l? ` Al"if ? °fl '"' ?/??' i •/7i I r : L ?<< ` I ? ? ?`,. it { ,?4? f' , ? , l ?yr -F7 - 1 ?- 1 rCS?'.I ^,r V,17 ?a ?flerZ I f F.?C ?I r f r Cove , ! ` T-J ri ) r Pro ect Location T, 11 ?, Wesser Quadrangle ?JJ / I Scale: 2.64" -1 mile ??f4 t i l G ' II : 1'. I ?` United States Forest Wayah Ranger District 90 Sloan Road Department of Service Franklin, NC 28i734 Agriculture Phone: 828-524-6441 File Code: 2300 Date: August 4, 2003 Mr. Todd St. John UV 6ru GAoU North Carolina Division of Water Quality ?U °! LUi)3 401 Wetlands Certification Unit 1650 Mail Service Center _ NATEn QUALITYSOON Raleigh, NC 27699-1650 ?0 11 3 Dear Todd: Reference our discussion of the improvements to Take-out #3 adjacent to Silvermine Creek. Our retaining wall will replace the natural bank at water's edge. It will not move horizontally into the stream. It will go down vertically slightly below the river bed to prevent scouring and undercutting of the structure over time. It will be similar to Take-out #1 and #2 which have been reconstructed in recent years. The Wayah Ranger District manages over 1000 miles of streams and rivers in a natural state. The aquatic habitat in Take-out #3 to be reconstructed has long since disappeared with the use of the site by the public. Construction of the take-out will eliminate a sediment and erosion problem and improve safety for the recreating public. For these reasons, I request that you review the need for mitigation befor aking your final determination. MICHA District Ranger Caring for the Land and Serving People Printed an Reoyaea Paper?? s Here's the ARO staff report - for some reason it won't all show on filemaker but will copy and paste: This project should be considered additions to 97-0547 and 00-1288. There is little or no discussion of need on this application. J NCWRC Comments: The USFS is requesting more hardening the riverbank at and downstream of Silvermine Creek on the Nantahala River. I have visited this site and have a number of concerns with more hardening of the riverbank especially at this site. At this time I am leaning toward recommending to supervisors that we deny this permit. If you are familiar with the river, this is already being used as a take out but appears to be questionable as a safe take out. There is no active erosion but a portion of the bank along Silvermine Creek and the Nantahala has timbers as stabilization. Downstream is vegetated with sycamores and there is a floodplain bench along part of the area where they are requesting to but a concrete wall. Since this is near the mouth of Silvermine Creek, there are more issues here than on the previous sites upstreams. Since this is more of the same stabilization work that is already been permitted will mitigation be required for impacts to the habitat and riparian area. The two or three planters they have put in is not adequate in my opinion. This is already a very congested area and this will only exacerbate the congestion near the NOC store and the Slivermine Road intersection with US 19/74. I concur with these observations. ? Mitigation required as this seems a continuation of previous projects? --khb ?v v, I?? d MgMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Upgrade Silvermine Take-out # 3 County Swain Project Number 03 0567` County2 Recvd From APP Region Asheville Received Date 5/8/03 Recvd By Region Project Type streambank stabilization w/ concrete wall Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ` - - Oman Type Type Impact Score Index Prim. Supp. Basin Req. Req. 13 Stream FT-@)N F__2-57-(22.5)FB TR 40,403. F 320.0 320.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y (0 N Did you request more info? 0 Y * N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y * N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 351989 Longitude (ddmmss) -833556 Comments: If you are familiar with the river, this is already being used as a take out but appears to be questionable as a safe take out. There is no active erosion but a portion of the bank along Silvermine Creek and the Nantahala cc: Regional Office Central Office Page Number 1 Facility Name Upgrade Silvermine Take-out # 3 County Swain Project Number 03 0567 Regional Contact: Barnett, Kevin Cate: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 Re: Nantahala River Project Subject: Re: Nantahala River Project Date: Tue, 20 May 2003 17:33:32 -0400 From: Melba McGee <melba.mcgee@ncmail.net> Organization: NC DENR To: Cyndi Karoly <cyndi.karoly@ncmail.net> That's good enough for me. The number you gave me is a clearinghouse number. Plus the ER before the number tells me that it was an environmental report which the feds consider a EA/FONSI. Fold what you can in the 401 and go with it. :--) Cyndi Karoly wrote: > Melba - if you'll recall our phone conversation on 5113103, I was trying > to track down past evidence of SEPA coordination by the USDA Forest > Service for the "Nantahala River Project." Other names might be > Nantahala River Corridor, Fontana Lake, or Upgrade Silvermine Take-out > #3. The USDA has provided letters from Paul White of the Water Quality > Section dated 2114194, from Dennis Stewart of the NCWRC dated 11/18/91, > and from David Brook of SHPO dated 1124197. The latter two are > basically "no comment" responses. White's letter has some broad > recommendations we might be able to fold into the 401. The only > tracking number I can find is "ER 97-8071." it may also help to note > that the letters show this project as Macon and Swain Counties. When > you and I had talked it was just Swain County. > is this any help in tracking the project? Are we ok to proceed with > reviewing the 401? Do they need further SEPA clearance? > Thanks as always for your gracious help. Call me at 733-9721 if you > need more details or a memory jogger. (JJ ? C V, ` 1=Ji 1 of 1 5/21/03 9:19 AM Triage Check List te: Project Name: ' DWQ#: _r_5 3 r 0- ? 7 County: ?&fzc.e-?-, To: ILd" ARO Mike Parker ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office) ? RRO Steve Mitchell rom: ??? Telephone : (919 ) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. Stream length impacted r; 0 Stream determination ? and determination and distance to blue-line surface waters on USFW topo maps I?Iinir?,i? tion/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman). ? Pond fill ? M, tigation 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 nments: r w W ] `C Michael F. Easley, Governor Q William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director ~ Division of Water Quality f May 8, 2003 UO 6. USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 Subject: Receipt of Fee paid to DWQ 401 Wetlands Unit To Whom It May Concern:: This letter of receipt is in regards to the fee of $475.00 that was paid by Sara Browning for the listed project. The check number is 197. The fee was received on Thursday, May 08, 2003. 1. DWQ# 03-0567 Upgrade Silvermine Take-out #3 Please call me at 919-733-3574 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if you have any questions regarding this fee. Sincerely, Michael Horan cc: Central Files File Copy INMENK N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 SARA BROWNING NF S IN N CAROLINA For Official Use Only 19?j ` 'US CTovernme tTax Exempt ASHEVILLE NC 28802 . DATE 68-1/610 PAY TO - ` M 9F? OF r r^ g ' ez ." 111A DwAR58 ?.. °••?re• - :.t .- USDATaxED/471600000 NationsBa*oi ^^ Vah More Than $2,500.00 Dover De , NationsBank FOR _ ar ?'05? db'[ . i DC -Q232 ill 0 . t: j . - _ -L . ¦ Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired: ¦ Print your name and address on the reverse . so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 DWQ# 03-0567 - Swain 2. Article Number .(Transfer fmm sen4ce.la mA 381"1`, Augi si &.Signahue _ X R ? Agent ? Addresse B. Received by (Printed N e C. Date o Deliver D. Is delivery address d' rent from item 1? Yes If YES, enter delivery ress below: ? No 3. Type ® Certified Mail ?3 press Mail 0 Registered eReturn Receipt for Merchandis ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7002 2410 0003 0275 1895 i bornestic`Re irm Receipt ? i 102W-I UNITED; STATES POSTAL SERVI. ?.?- E iy lrsl? ss w 0 ? ? ees bis.taex?"° • Senaer: Please pdn t? e, address,..and-7F4 NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Iddiltiitiit illittiikifiiiiit-IlIMiltIHtAlitii lltliii UNITED: STATES POSTAL `SERn\,k--E ees CMD Sender: Please prin . e, address,,-aad,7HP+*im4WzJaeje- NC DENR Division of Water Quality Wetlands/401 Certification Unit 1 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 I111MIIAt1hIiI11'11IIII-11 lt{it!IHI11A11I iltlit-it111M Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired. ¦ 'Print your name and address on the reverse so thatwe can.return the card to you. ¦ Attachsthis card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: USDA Forest Service Wayah Ranger District 90 Sloan Road Franklin, NC 28734 DWQ# 03-0567 - Swain 2. Article Number ,(lransferfium service,l ann.. A. Signature X R ? Agent ? Addresse B. Received by (Printed N C. Date o Deliver r ,Q2 D. Is delivery address diit, from Item 1? Yes If YES, enter delivery3 ress below: ? No i 3. Se ce Type E3 rtfied Mail ? press Mail ? Registered $ Return Receipt for Merchandis ? Insured Mail C] C.O.D: 4. Restricted Delivery? (Extra Fee) ? Yes 7002 2410 0003 0275 1895 z T te•a {l. t: 't t ort o 3, t.t i t t t s s n+ t a s Dcmestic'Returl Receipt' 102595x