HomeMy WebLinkAbout20001288 Ver 1_COMPLETE FILE_20001005State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
IT4Q
D E N R
December 1, 2000
DWQ# 00-1288
Swain County
Sally Browning
USDA Forest Service, Wayah Ranger District
Nantahala National Forest
90 Sloan Road
Franklin, NC, 28734
APPROVAL of 401 Water Qualitv Certification
Dear Ms. Browning:
You have our approval, in accordance with the attached condition, to stabilize 300 linear feet of shoreline on the banks of
the Nantahala River in Swain County. including the construction of steps 28 feet waterward of the existing retaining wall in
order to improve a canoe take-out for river users. as described in your application received by the Division of Water Quality on
October 5, 2000. After reviewing your application, we have determined that this fill is covered by General Water Qualitv
Certification Number 3258. This Certification allows you to use Nationwide Permit Number 13 when it is issued by the U.S.
Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid 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 for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland tills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and the additional condition listed below.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-
7447. 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 John Dorney at 919-733-9646.
S kere ly,
/t/?
Stevens
Non-Discharge Branch 1621 Mail Service Ce6ter Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
SUBJECT:
Regional Contact: Kerry S. Becker
WO Supervisor: Forrest Westall
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Nantahala National Forest, Wayah District
Project Number 00 1288
Recvd From APP
Received Date 1015100 Recvd By Region 10/19/2000
Project Type bank stabilization
County Swain
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
O'I'H O 1 O N 12 57 (.5) TRORW 40,403. 0.02 272.00 272.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 YO 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: DQ Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 351957 Longitude (ddmmss) 833544
Comments:
This site has been developed as a commercial takeout for several years. The only thing new to this
eject is the construction of the steps which, according to the plans- will extend out into the river 28"
further than what already exists.
cc: Regional Office
Central Office Page Number 1
Facility Name Nantahala National Forest, Way ah District County Swain
Project Number 00 1288 Regional Contact: Kerry S. Becker
Date: 11/17/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
11
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch -WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMME14DATIONS
Facility Name Nantahala National Forest, Wayah District
Project Number 00 1288
Recvd-From APP
Received Date 10/5/00 Recvd By Region 10/19/2000
Project Type bank stabilization
Certificates Stream Stream Impacts (ft.)
PeFMit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp:, Basid Req, Req. ME
I _6TH O Y _0N F- 2.57-(.5) F B TRORW 40,403. 0.02 272.00 272.00 F-
l c w,ro
t S
iF '77
Mitigation Wetibnd
IlllitgetionType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y OO N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: QQ Issue 0 Issue/Cond 0.Deny
Provided by Region: Latitude (ddmmss) 351957 Longitude (ddmmss) 838544
Comments:
This site has been developed as a commercial takeout for several years The only thing new to this
project is the construction of the steps which- accordina to the plans. will extend out into the river 28"
further than what already exists.
County Swain
County2
Region Asheville
cc: Regional Office Paae Number 1
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.DEM ID: V 0 1 I? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit#)
JOINT FORM FOR
Nationwide permits that require notification to the Corps of EngineersOF
Nationwide permits that require application for Section 401 Certification
WILMIGTON DISTRICT ENGINEER WATER QUALITY PLANNING DIVISION?Frr""
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY -.?. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH
P.O. BOX 1890, AND NATURAL RESOURCES
WILMIGTON, N.C. 28402-1890 = - P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, N.C. 27626-0535
Telephone(919) 251-4511 ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATPM SHOULD BE SENT TO THE CORPS OF ENGINEERS
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
PLEASE PRINT. -L7
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1. Owners Name: USDA Forest Service, Wavah Ranger District, Nantahala National Forest fT1
2. Owners Address: 90 Sloan Road, Franklin, N.C. 28734 Q -
3. Owners Phone Number (Home): none (Work) : (828) 524-6441
4. If Applicable: Agents name or responsible corporate official, address, phone number:
Sally Browning, Resource Asst.
USDA Forest Service, 90 Sloan Road, Franklin, N.C. 28734 (828) 524-6441
5. Location of work (MUST ATTACH MAP). County:_Swain
Nearest Town or City: Wesser,NC
Specific Location (Include road numbers, landmarks, etc. ): US 19 adjacent to Nantahala River - existing commercial
take-out. Site is entirely on National Forest lands and waters.
6. Name of Closest Stream/River: Nantahala River - Class B Trout and Outstanding Resource
7. River Basin: Nantahala River
8. Is project located in a watershed classified as Trout, SA, HQW, ORW, WSI, OR WSII? YES [ X } NO [ ]
9. Have any Section 404 permits been previously requested for this property? NO [ ] YES [ X ]
If yes, explain.We applied and received a permit for this area in 1997. We only constructed the private part of the
take-out before the permit expired.
10. Estimated total acres of waters of the U.S., including wetlands, located on project site:
A. Stream Bank Stabilization-Station 1+50 - 1+65 - 15 x 10'
Station 1 + 70 - 15 X 10 ' = 300 square feet
B. Construct concrete retaining wall above high water and steps down into Nantahala River for public safety. The take-out steps will
entend 28" into the water. The concrete wall will extend for 272 feet. Seventy-five feet of the concrete wall will replace the
existing timber wall. The steps will extend for 222 feetin length and go out into the water for 28".
The total cubic fill of the project is 20.20 cubic yards.
Drained:
Flooded:
Excavated:_.0I acre ( above normal highth water) to remove some large rocks and roots - will be placed away live
streams
Total Impacted:.02 acre
12. Purpose of proposed work:-to provide safe take-out for river users whi;le preventing further erosion of river
banks and sedimentation of the Nantahala River. A. Bank stabilization at locations listed above B. construct 272' of concrete wall.
75' of the concrete wall wil replace the existing timber wall. Steps will be constructed out into th water for 28" for a length of 222'.
13. State reasons why the applicant believes that this activity must be carried out in wetlands.
Also, note measures taken to minimumnize wetlands impact. This is th only place that 150,000 people each year
have to get out of the Nantahala River.
14. Description of proposed work (ATACH PLANS-81/2" X I l " drawings only):
A. Bank Stabilization listed above
B. Construct concrete wall for 272'. 75' will be to replace existing rotting timber wall. Steps will extend out into the water for
28" for the length of 222 feet.
C. Construct 5 tree wells
D. Pave commercial take-out area between US 19 and the Nantahala River
E
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries
Service ( NMFS) regarding the presence of any Federally listed or proposed endangered or for listing endangered
or threatened species or critical habitat that may be affected by the proposed project. Have you done so'?
YES[X ] NO[ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO THE CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) reguarding the presence of
hitoric properties in the permit area that may be affected by the proposed project. Have you done so'?
YES[X ] NO[ ]
An archaeological survey was completed by the Forest Service. No significant sites are in the take-out area.
This information was forwarded to SHPO.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. Soils series
is Rosman which is moderately well drained and not classified as hydric. These soils are formed
from alluvial depoists. The first 15-20 feet adjacent to Us Highway 19 is on old road fill material.
B. If avaliable, representive photograph of wetlands to be impacted by project.
C. If delineation was performed by consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stromwater management plan is required for this project . attach copy. N/A
E. What is the use of the surrounding Property'? National Forest land - public recreational
F. If applicable. what is the proposed method of sewage disposal'? N-
C; la V. /5n)&M ill- a
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Existing wall is failing. First step will be on existing wall area.
1
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Shows need for steps out of water.
Eroding River Bank and Steps
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Sara Browning
US Forest Service
Nantahala National Forest
90 Sloan Road
Franklin, NC 28734
RECEIPT:
4 •
IT
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 12, 2000
This confirms that the NC Division of Water Quality has received an application
processing fee of $475 from Sara Browning for the Nanthala National Forest, Wayah
District, project, DWQ #001288 on October 5, 2000.
For record purposes, the Tax ID number for the NC Division of Water Quality is
56-6000-372.
FILE COPY
Robert Ridings,
Environmental Technician I
Division of Water Quality
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
W
0
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Sally Browning
Wayah Ranger District,
Nantahala National Forest
90 Sloan Road
Franklin, NC 28734
Dear Ms. Browning:
R?; 1••
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 18, 2000
0012 8 8
On September 6, 2000, your application for 401 Water Quality Certification for a
project in Swain County was received by the N.C. Division of Water Quality. Please
note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications. Your application is being returned
since no payment was received with the package. The fee for applications is $200 for
projects impacting less than an acre of wetland and less than 150 linear feet of streams.
For projects impacting one or more acres of wetland or 150 or more feet of streams, the
fee is $475. In order for DWQ to review and process your request, you must send a
check in the appropriate amount made payable to the N.C. Division of Water Quality
attached with the application.
Please call Robert Ridings or Cyndi Karoly at 919-733-1786 or visit our web site
at http://h2o.enr.state.nc.us/ncwetlancls if you have any questions.
pal
::w i39 ,
cc: Central Files
PAYMENT
RECEIVED
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
??"• United States Forest Wayah Ranger District 90 Sloan Road
Department of Service Franklin, NC 28734
Agriculture _
File Code: 2350
Date: August 29, 2000
7'??
John Dorney
Water Quality Planning Division
NC Division of Environmental Management
NC DEHNR
P.O. Box 29535
Raleigh, NC 27626-0535
Dear John,
i
WC1?li?o?L' ?, ' -
Here is our application for the upgrade of the commercial take-out on the Nantahala River.
Sincerely,
MICHAEL L. WILKINS
District Ranger
PAYMENT
RECEIVED
0012$
Caring for the Land and Serving People Printed on Recycled Paper