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HomeMy WebLinkAbout20060094 Ver 2_401 Application_2012012640) United States Forest National Forests in 160A Zilhcoa Street Department of Service North Carolina P O Box 2750 Agriculture Asheville NC 28802 File Code 2530 3 DU 0 0 g 4 L)? Date January 20 2012 Cyndi Karoly North Carolina Division of Water Quality 11JJ D 401 /Wetlands Unit 112,11 ED JAN 2 6 2012 1650 Mail Service Center Raleigh NC 27699 1650 iZnANDSANOSTORM ATERBRANCH Dear Ms Karoly This letter is to request Section 401 Water Quality Certification from the North Carolina Division of Water Quality for U S Forest Service project Bent Creek Streambank Stabilization Maintenance Project 2012 Located on the Pisgah National Forest in Buncombe County, North Carolina this project is situated on Bent Creek upstream from Lake Powhatan in the French Broad River Basin At this site a 50 feet section of the left bank of Bent Creek had experienced notable stream bank erosion as a result of the 2004 flood events scouring a disturbed stream bank In 2006 a permit was issued and stabilization work was completed on the site Two log vanes and a brush mat were installed and vegetation was planted Since the work was completed high stream flows have eroded about 25 of the bank between the log vanes It appears as though the brush mat did not have sufficient time to grow to stabilize the bank Therefore this site is again a source of sediment to Bent Creek and Lake Powhatan The purpose of this project is to eliminate the bank erosion and accelerated sedimentation to Bent Creek The proposed work would improve the health of the stream ecosystem by improving channel stability and aquatic habitat diversity, along with improving riparian and streamside vegetation conditions The proposed action is needed at this time at these locations because taking no action would lead to further erosion and sedimentation which in turn would cause further adverse impacts to aquatic habitat With the success experienced at other stream sites (e g N Fork Mills R ) the proposed work is expected to both stabilize the stream bank and further enhance aquatic and riparian habitat This project proposes to 1 Construct a `TOE WOOD /SOD MAT structure between the two existing log vanes (-25 feet in length) to a bankfull elevation and lay back the upper bank to a 2 1 slope minimum 2 Adjust the position of the downstream log vane to reduce stress on the downstream bank Caring for the Land and Serving People P ted Recycled Pape �� e 3 Cover the Toe Wood /Sod Mat structure and upper bank with Coir matting seed with native seed mix cover disturbed area with certified weed free straw and plant live stakes into the bank and trees and shrubs on the upper bank A copy of the 404 permit application has also been sent to the N C Wildlife Resources Commission and U S Fish and Wildlife Service for review Additionally a Trout Buffer Waiver Request and an Erosion and Sediment Control Plan have not been submitted to NC Division of Land Quality since the length of stream disturbance is less than 100 feet and disturbed area is less than one acre respectively ' Enclosed are the following matenal` — • Five copies of the Pre Construction Notice (form 12 11 2008 version 1 3) application for 404 permit (Nationwide Permit #13) with the Letter of Delegation of Authority • Five copies of the vicinity map and site plans for the project • Five copies of the signed NEPA documentation (Decision Memo) for the project • A check made payable to the Division of Water Quality for $240 00 since the length of stream channel impacts is less than 150 feet If you require any additional information please contact me at 828 257 4214 Sincerely Brady N Dodd National Forests in North Carolina Forest Hydrologist \o�oF W Ar�9Q� t�Q�t o Y ou - OORLA L) or- Office Use Only Corps action ID no DWQ project no Form Version 13 Dec 10 2008 Page 1 of 12 PCN Form —Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing 1a Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number n/a 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in lieu fee program ❑ Yes ® No 1g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Bent Creek Streambank Stabilization Maintenance Project 2012 2b County Buncombe 2c Nearest municipality / town Asheville NC 2d Subdivision name USDA Forest Service Pisgah Ranger District 2e NCDOT only T I P or state project no ID r�a 3 Owner Information 3a Name(s) on Recorded Deed USDA Forest Service 2 IS 201? 3b Deed Book and Page No ENR All RQUALITY 3c Responsible Party (for LLC if applicable) Mansue Hilliard RB&WH 3d Street address 160 Zillicoa Street Suite A 3e City state zip Asheville NC 28801 3f Telephone no 828 257 4269 3g Fax no 828 259 0584 3h Email address mhdliard @fs fed us Page 1 of 12 PCN Form —Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ® Agent ❑ Other specify 4b Name Brady N Dodd 4c Business name (if applicable) USDA Forest Service Hydrologist 4d Street address 160 Zdlicoa Street Suite A 4e City state zip Asheville NC 28801 4f Telephone no 828 257 -4214 4g Fax no 4h Email address bdodd @fs fed us 5 Agent/Consultant Information (if applicable) 5a Name 5b Business name (if applicable) 5c Street address 5d City state zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 12 B Project Information and Prior Project History 1 Property Identification la Property identification no (tax PIN or parcel ID) USDA Forest Service National Forest in NC Pisgah R D 1 b Site coordinates (in decimal degrees) if you can t get Latitude 35 477882 Longitude 82 636256 these dust include a very good vicinity map 1c Property size 235,576 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Bent Creek proposed project 2b Water Quality Classification of nearest receiving water B Trout 2c River basin map is available at French Broad River Basin http / /h2o enr state nc us /adman /maps/ 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application A 50 feet section of the left bank of Bent Creek had experienced notable stream bank erosion as a result of the 2004 flood events scouring a disturbed stream bank In 2006 a permit was issued and stabilization work was completed on the site Two log vanes and a brush mat were installed, and vegetation was planted Since the work was completed high stream flows have eroded about 25' of the bank between the log vanes It appears as though the brush mat did not have sufficient time to grow to stabilize the bank Therefore, this site is a source of sediment to the Bent Creek channel and Lake Powhatan 3b List the total estimated acreage of all existing wetlands on the property 0 Acres of wetlands 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property -10 000 feet in the Bent Creek drainage above Lake Powhatan 3d Explain the purpose of the proposed project With the success experienced at other stream sites (e g N Fork Mills R ) the proposed work is expected to both stabilize the stream bank and further enhance aquatic and riparian habitat 3e Describe the overall project in detail including the type of equipment to be used Using a trackhoe excavator 1 Construct a TOE WOOD /SOD MAT structure between the two existing log vanes ( -25 feet in length) to a bankfull elevation and lay back the upper bank to a 2 1 slope minimum 2 Adjust the position of the downstream log vane to reduce stress on the downstream bank 3 Cover the Toe Wood /Sod Mat structure and upper bank with Coir matting seed with native seed mix cover disturbed area with certified weed free straw and plant live stakes into the bank and trees and shrubs on the upper bank Page 3 of 12 PCN Form - Version 13 December 10 2008 Version 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property ! project (including all prior phases) in the pasty Comments El Yes No Unknown 4b If the Corps made the jurisdictional determination what type of determination was made? El Preliminary Final 4c If yes who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 6 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b If yes explain in detail according to help file instructions On March 31 2006 Dave Baker issued permit Action ID 200630393 for the proposed work on the same site 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 12 C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non 404 other) (acres) Tem ora T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No f ❑ DWQ ' W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non 404 width (linear Temporary (T) (INT)? other) (feet) feet) Excavate stream S1 ®P ❑ T bed and relocate downstream log Bent Creek ® PER ❑ INT ® Corps ® DWQ 12 15 vane Excavate stream S2 ®P ❑ T bed and bank to install Toe Bent Creek ® PER ® Corps 12 30 Wood /Sod Mat El INT DWQ structure S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Page 5 of 12 3h Total stream and tributary impacts 45 31 Comments 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then indiv ually list all open water im acts below 4a Open water impact number — Permanent (P) or Temporary 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction Page 6 of 12 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse r-1 Tar Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? 131 ❑P ❑T El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 OP [:IT El Yes ❑ No 6h Total buffer impacts 61 Comments Page 7 of 12 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Heavy equipment will be cleaned before entering the stream so as to eliminate a source of sediment from equipment Only a skilled heavy equipment operator experienced in stream restoration will be used to reduce stream disturbance The tracked excavator will work from the bank and not cross the stream channel and will only operate when sod conditions are dry A hydrologist will designate entry points to the project sites Over hanging and cut banks will be avoided All disturbed areas will be re vegetated with native riparian vegetation and stabilized with certified weed free straw mulch or biodegradable erosion control matting upon completion of work All side cast will be stored in upland sites and surrounded with sediment fence Construction of in stream structures would temporarily increase turbidity and sediment deposition downstream of the excavation Potential adverse impacts would be avoided by minimizing excessive excavation and adhering to the State turbidity standard b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques A Minimize the area and degree of sod disturbance that reduces infiltration capacity and permeability and destroys protective forest floor and ground cover B All hazardous materials will be stored outside of flood prone areas and surrounded with sediment fence to reduce the risk of materials reaching the river C Work activities would not be scheduled on rainy days D Heavy Equipment Operation 1 All equipment shall be cleaned before entering the project area and stream so as to reduce the risk of fine grained sediment and oils and grease from entering the stream This would also reduce the risk of invasive weed spread onto the Forest 2 Do not operate on wet soils when they are most susceptible to damage and erosion 3 Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of sod erosion Avoid operating heavy equipment on over hanging stream banks 4 Move large woody debris and boulders in a manner that minimizes disturbance of the forest floor exposure of mineral sod or degradation of stream bank stability E Install sediment fence or coir logs to trap potential sediment Stabilize any disturbed area at the end of each workday F Re vegetate exposed soils as soon as possible to take advantage of the loose soil conditions for seeding 1 Exposed sod will be covered with straw mulch or erosion control matting at the end of the project Matting will be secured in place with stakes and live stakes where conditions allow 2 Temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long term erosion control 3 Stabilize channel banks with a native seed mix as work is completed G Do not move sediment trap devices until the vegetation in the disturbed areas has been established H During on going operations inspect the site frequently inspect occasionally during inactive periods 1 Check for potentially damaging or fading situations that may cause unacceptable water quality impacts 2 Correct fading situations as soon as practical I Conduct visual inspections of Bent Creek while the work is being conducted to maintain acceptable turbidity levels Use a skilled heavy equipment operator trained in stream restoration and construction of in stream structures Instruct the operator to minimize disturbance to the streambed 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps El bank 2c t� which mitigation option will be used for this project'? ❑ Payment to in lieu fee program ❑ Permittee Responsible Mitigation Page 8 of 12 PCN Form — Version 1 3 December 10 2008 Version 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Page 9 of 12 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes then is a diffuse flow plan included? If no explain why Comments ❑ Yes El No 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why The current site contains less than 24% impervious area and an increase in impervious area is not planned from the proposed work Additionally all stormwater is transported primarily via vegetated conveyances 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plans ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local governments jurisdiction is this project? ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb If you answered yes to the above does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered yes to the above has the document review been finalized by the State Clearing House? (If so attach a copy of the NEPA or SEPA final approval ❑ Yes ® No letter) Comments NEPA Decision Memo document is attached 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility No sewage disposal is necessary Page 11 of 12 PCN Form — Version 13 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or habitat? E] Yes No 5b Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c If yes indicate the USFWS Field Office you have contacted ❑ Raleigh ® Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? I consulted the NC Natural Heritage Database (Jan 2011 update) and the US FWS website to obtain species information 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Data source is NOAA website 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NFsNC Cultural Resources database 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? -F ❑Yes ®No 8b If yes explain how project meets FEMA requirements No development would occur with this work therefore there is no change in flood heights associated with this project 8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System http / /floodmaps nc gov /FMIS/ Brady N Dodd --W Ap ca Agents Signature Applicant/Agents Printed Name Date (Agents signature is valid only rf an authorization letter from the applicant is provided ) Page 12 of 12 United States Forest National Forests in ws Department of Service North Carolina Agriculture File Code 1230 Route To (2500) Subject Delegation of Authority To Brady Dodd 160A Zilhcoa Street P O Box 2750 Asheville NC 28802 828 257 4200 Date October 12 2005 You are hereby delegated the authority to act as my agent for all phases of the application process for permits required by Section 404 of the Clean Water Act for watershed restoration and improvement projects such as aquatic habitat restoration and enhancement habitat restoration channel stabilization and channel relocation on the National Forests in North Carolina You are authorized to make formal application for all permits to the US Army Corps of Engineers and the North Carolina Division of Water Quality provide all necessary information and sign all correspondence Include this letter as part of all application for Section 404 permits to the US Army Corps of Engineers and Section 401 Water Quality Certification to the North Carolina Division of Water Quality MARISUE HILLIARD Forest Supervisor M Caring for the Land and Serving People P t do R yct d Pap %;? , � � ` It OD f 64). 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O y v O m O F= v O L N E O M m En L N ' tin Q Y 'D 7 U Eb N mC C >' W o O 4 0 E 7 L Q O W o d1 E L Q � W Ln V U_ C m d W B N, V' V n� W 0 O V M-- �a L U c a o o U N H 3 N tLa m O E C V O o Co o Y N v m aV+ p N N m Qi W ++ 00 3 o } 0 C3o 0 N 3 O "x m o � N L L W f6 N 0o cc N p6 N LU W I- � C v C cu c4�0 a c0 G1 w = Q a L o f6 c0 U c C U L N U O E 0 E o U f6 to Eb w _ m x E 7 o N E V L 2 V _ d4 `' > y C GJ a V U cu N tA N _� CL E o .� L s +1 m x N Y Q ~ N > -r E E N O c (J C D c X N �, i 4J X N N N C N 'a C O V O N DECISION MEMO Bent Creek Stabilization USDA Forest Service National Forests in North Carolina Pisgah Ranger District Pisgah National Forest Buncombe and Transylvania Counties North Carolina I Decision Purpose and Need Stream rehabilitation work previously occurred at this site on Bent Creek following the 2004 storms The structure has partially failed causing undercutting of a 40 foot section of stream bank The purpose and need of the project is to stabilize the affected bank and minimize further erosion Action The Pisgah Ranger District will replace the existing failed structure by constructing a toe wood /vegetation mat using a combination of boulders and woody debris covered in soil and planted with live trees /shrubs from nearby to form a new bank and bankfull bench II Public Involvement A scoping letter was mailed to twelve agencies and organizations on October 11 2011 The project was listed in the Schedule of Proposed Actions beginning in October 2011 Comments were received from EBCI THPO NCWRC and USFWS III Reasons for Categorical Exclusion of Project Decisions may be categorically excluded from documentation in an Environmental Impact Statement or Environmental Assessment when they are within one of the categories identified in the Code of Federal Regulations 36 CFR 220 and when there are no extraordinary circumstances related to the proposed action This project is excluded under 36 CFR 220 6(e)(7) Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices a Federally listed threatened or endangered species (TES) or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or regionally sensitive (S) species A biologic review completed in January 2011 determined that the action would have no effect on any proposed threatened endangered or sensitive species b Floodplams, wetlands, or municipal watersheds The project is located in a wetland The project is not expected to have any adverse affect on the wetland c Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas The project area does not include any congressionally designated areas d Inventoried roadless areas (IRAs) The project area does not include any IRAs e Research natural areas (RNAs) The project area does not include any RNAs f American Indian and Alaska Native religious or cultural sites, archaeological sites, or historic properties or areas Bent Creek Stabilization Page 1 of 2 An archaeologic review conducted in November 2011 determined that sites had been previously surveyed and are not eligible for inclusion in the NRHP IV Findings Required by Other Laws 1 This decision is consistent with the Forest Plan as required by the National Forest Management Act 2 The actions of this project have met all requirements of the Endangered Species Act and all agreements with the State Natural Heritage Program There are no expected impacts to Proposed Endangered Threatened or Sensitive species 3 There are no known proposed or expected heritage or cultural resources in the project area that will be affected by the proposal 4 There are no significant irretrievable resource commitments V Implementation and Appeal This is a non appealable decision pursuant to 36 CFR 215 12(f) This decision may be implemented immediately upon signature and may continue until completion Contact Person For additional information concerning this decision contact Brady Dodd Hydrologist National Forests in North Carolina at 160 Zillicoa St Suite A Asheville NC 28801 828 2574200 Derek 16arguen DEREK J S IBARGUEN District Ranger 9antm 11, 2m Date Bent Creek Stabilization Page 2 of 2