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
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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