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HomeMy WebLinkAbout20120630 Ver 1_401 Application_20120626_w 20120630 oUnited States Forest National Forests in 160A Zillicoa Street %s) Department of Service North Carolina P O Box 2750 Agriculture Asheville NC 28802 Cyndi Karoly North Carolina Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh NC 27699 1650 J Dear Ms Karol y File Code 2530 3 Date June 19 201'!"3' T114 i� 'uN D 2 5 2012 Do This letter is to request Section 401 Water Quality Certification from the North Carolina —` Division of Water Quality for U S Forest Service project South Fork Mills River Stream Bank Stabilization & Histonc Stream Gage Protection Project Located on the Pisgah National Forest to Transylvania County North Carolina this project is situated on South Fork Mills River at the old USGS stream gage in the French Broad River Basin This site on the South Fork Mills River is the site of an old abandoned USGS stream gage with gage house and dam The stream bank adjacent to the gage structures has eroded putting at risk the gage house which was identified as a historical structure worth protecting The bank appears to have eroded as a result of high flows manipulated by the dam creating a small side channel approximately 30 feet long partly at the foot of the gage house During high flows the left bank of the side channel is prone to erosion and will remain unstable without intervention The proposed work is expected to stabilize the stream bank thus reducing erosion and sedimentation and protecting the old gage house 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 and the historic site This project proposes to (see attached Site Plan for site locations) SITE A Proposed Action With medium sized trackhoe excavate concrete & steel dam from the channel restoring natural flow of the river SITE B Proposed Action Divert flow away from the side channel to work out of streamflow Using the vegetation root mass (transplants and soil) from SITE E create plugs to close off the side channel flow entrance and exit (-20 feet in length), final elevation should be equal to that of the existing bankfull bench These plugs should be no less than 5 feet wide Using excavated soil from SITE C fill the remaining area of side channel to a bankfull elevation leaving historic stone walls in place and replacing the excavated organic soil horizon back on the top of the fill During the same day as construction cover fill with native seed certified weed free straw, and Coir matting and plant with a mix of riparian trees and shrubs Caring for the Land and Serving People P nted o Recycled Pape �'M� SITE C Proposed Action Excavate soil from this site to fill SITE B side channel During excavation separate the surface —1 foot depth of soil representing the organic soil horizon for placement on the fill at SITE B Excavate and transplant several stump sprouting stumps from this area to SITE B Slope bank to a —3 1 slope Redirect surface runoff away from the disturbed area to reduce erosion potential During the same day as construction cover disturbed surface with native seed certified weed free straw and Coir matting and plant with a mix of mid to upland tree and shrub species SITE D Proposed Action Excavate the upper approximately '' /Z depth of bank relocating it at the toe of the bank creating a bankfull bench (approximately and 18 feet length of bank) The root mass in the bank material will hold the soil in place Construct the upper bank to a maximum slope of 1 5 1 slope Avoid removing existing trees During the same day as construction cover disturbed surface with native seed certified weed free straw and Coir matting and plant upper bank with trees and shrubs and lower bank with live stakes SITE E Proposed Action Excavate riparian vegetation root mass from the upper stream bank of this 60 x 6 area to create plugs for SITE B to close off the side channel flow entrance and exit On the same day as disturbance cover disturbed surface with native seed, certified weed free straw and Coir matting and plant upper bank with trees and shrubs 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 materials • 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 Dodd National Forests in North Carolina Forest Hydrologist WAT �9pG v Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 13 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 ❑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 South Fork Mills River Stream Bank Stabilization & Historic Stream Gage Protection Project 2b County Transylvania 2c Nearest municipality / town Pisgah Forest NC 2d Subdivision name USDA Forest Service Pisgah Ranger District 2e NCDOT only T I P or state project no 3 Owner Information 3a Name(s) on Recorded Deed USDA Forest Service 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) Kristin Bail 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 mhilliard @fs fed us Page 1 of 13 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 13 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) USDA Forest Service National Forest in NC Pisgah R D lb Site coordinates (in decimal degrees) if you can t get these just include a very good vicinity map Latitude 35 366422 Longitude 82 739078 1c Property size 235 576 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to proposed project South Fork Mills River 2b Water Quality Classification of nearest receiving water WS II Tr ORW 2c River basin map is available at http / /h2o enr state nc us /adman /maps/ French Broad River Basin Page 3 of 13 PCN Form — Version 1 3 December 10 2008 Version 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 This site on the South Fork Mills River is the site of an old abandoned USGS stream gage with gage house hu t and dam The stream bank adjacent to the gage 4�}� structures has eroded putting at risk the gage house which was identified as a historical structure worth iK� protecting The bank appears to have eroded as a result of high flows manipulated by the dam creating a y r small side channel approximately 30 feet long partly at the foot of the gage house During high flows the left to bank of the side channel is rone erosion and will remain unstable without intervention Just upstream on the left bank are several Forest Service developed dispersed campsites resulting in compacted soils and a lack of riparian vegetation because of frequent foot traffic 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 -15 000 feet in the South Fork Mills River drainage above the site 3d Explain the purpose of the proposed project The proposed work is expected to stabilize the stream bank thus reducing erosion and sedimentation and protecting the old gage house Page 4 of 13 3e Describe the overall project in detail including the type of equipment to be used See attached Site Plan for Site locations SITE A Proposed Action 1 With medium sized trackhoe excavate concrete & steel dam from the channel restoring natural flow of the river 2 Concrete and steel would be hauled off site SITE B Proposed Action 1 Divert flow away from the side channel to work out of streamflow 2 Using the vegetation root mass (transplants and sod) from SITE E create plugs to close off the side channel flow entrance and exit ( -20 feet in length) final elevation should be equal to that of the existing bankfull bench 3 These plugs consisting of vegetative root mass should be no less than 5 feet wide 4 Using excavated soil from SITE C fill the remaining area of side channel to a bankfull elevation leaving historic stone walls in place and replacing the excavated organic sod horizon back on the top of the fill 5 During the same day as construction cover fill with native seed straw and Coir matting and plant with a mix of riparian trees and shrubs SITE C Proposed Action 1 Excavate sod from this site to fill SITE B side channel 2 During excavation separate the surface -1 foot depth of sod representing the organic soil horizon for placement on the fill at SITE B 3 Excavate and transplant several stump sprouting stumps from this area to SITE B 4 Slope bank to a -3 1 slope 5 Redirect surface runoff away from the disturbed area to reduce erosion potential 6 During the same day as construction cover disturbed surface with native seed straw and Coir matting and plant with a mix of mid to upland tree and shrub species SITE D Proposed Action 1 Excavate the upper approximately 'h depth of bank relocating it at the toe of the bank creating a bankfull bench (approximately and 18 feet length of bank) The root mass in the bank material will hold the soil in place 2 Construct the upper bank to a maximum slope of 1 5 1 slope Avoid removing existing trees 3 During the same day as construction cover disturbed surface with native seed straw and Coir matting and plant upper bank with trees and shrubs and lower bank with live stakes SITE E Proposed Action 1 Excavate riparian vegetation root mass from the upper stream bank of this 60 x 6 area to create plugs for SITE B to close off the side channel flow entrance and exit 2 On the same day as disturbance cover disturbed surface with native seed straw and Coir matting and plant upper bank with trees and shrubs 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5 Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions Page 5 of 13 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 6 of 13 C Proposed Impacts Inventory 1 Impacts Summary 1a 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) Temporary 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 ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps E] No E] 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) S1 ®P [-IT Excavate dam from stream bed S Fork Mills R ® PER ❑ INT ® Corps ® DWQ 30 10 Fill eroded side 5 S2 ®P ❑ T channel & reconstruct river S Fork Mills R ® PER ❑ INT ® Corps ® DWQ 30 45 bank S3 ®P ❑ T Stabilize stream bank S Fork Mills R ® PER ❑ INT ® Corps ® DWQ 30 18 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 73 31 Comments Page 7 of 13 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 impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 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 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond 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 ` 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 El 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 T impact required? B1 ❑P ❑T E] Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 Comments Page 8 of 13 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Construction could temporarily increase turbidity and sediment deposition downstream of the site Potential adverse impacts would be avoided by minimizing excessive excavation adhering to the State turbidity standard and working in the dry when practical All work on the side channel would be in the dry Work is expected to be completed quickly over two consecutive days 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 sods 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 sods as soon as possible to take advantage of the loose sod 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 failing situations that may cause unacceptable water quality impacts 2 Correct fading situations as soon as practical I Conduct visual inspections of S Fork Mills River 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 ❑ Mitigation bank 2c If yes which mitigation option will be used for this ❑ Payment to in lieu fee program project? ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type —7Quantity Page 9 of 13 PCN Form — Version 1 3 December 10 2008 Version 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 10 of 13 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? lb If yes then is a diffuse flow plan included? If no explain why ❑ Yes ❑ No Comments 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 Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? Transylvania County ❑ 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 ❑ HQW 4a Which of the following state implemented stormwater management programs apply ❑ 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 11 of 13 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? 1 b 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)? 1c 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 12 of 13 PCN Form — Version 1 3 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 ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? El Raleigh 5c If yes indicate the USFWS Field Office you have contacted ® 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 habitat? ❑ 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? December 19 2011 letter from NCDCR State Historic Preservation Office and NFsNC Cultural Resources database 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ❑ Yes ® No 8b If yes explain how project meets FEMA requirements 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 zn 12— Appli n Agents Signature Applicant/Agent s Printed Name Date (Agents signature is valid only if an authorization letter from the applicant is provided ) Page 13 of 13 S Forest National Forests in 160 Zillicoa St Ste A Service North Carolina Asheville NC 28801 1082 828 2574200 File Code 2500 Route To (2500) Subject Delegation of Authority To Brady Dodd Date June 21 2012 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 U S Army Corp 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 U S Army Corps of Engineers and Section 401 Water Quality Certification to the North Carolina Division of Water Quality /s/ Diane Rubiaco (for) KRISTIN M BAIL Forest Supervisor U,,SDA �� America s Working Forests Caring Every Day in Every Way P ted on Recycled Pape DECISION MEMO South Mills River Stabilization and Dam Removal USDA Forest Service National Forests in North Carolina Pisgah Ranger District Pisgah National Forest Transylvania County North Carolina I Decision The Pisgah Ranger District will remove an old dam associated with a US Geological Gauging Station on the South Mills River and reestablish the adjacent streambank by planting native vegetation The structure will be removed using heavy equipment and the spoil materials will be hauled off site to a landfill At least one in stream structure will be installed to restore and protect the stream banks and provide habitat for aquatic organisms including trout and hellbenders Work will begin after the trout spawning moratorium is lifted (April 15th) and will be implemented prior to nesting season for hellbenders which begins early September Purpose and Need The Pisgah Ranger District proposes to remove an old dam associated with a US Geological Gauging Station on the South Mills River The purpose of the proposed activity is to reduce erosion of the stream bank protect the historic gauging station building while restoring aquatic habitat within the South Mills River II Public Involvement A scoping letter was mailed to twelve agencies and organizations on October 11 2011 The project was also listed in the Schedule of Proposed Actions beginning in July 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 IV Findings Required by Other Laws 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 March 2012 determined that the action would have no effect on any proposed threatened, endangered forest concern or sensitive species b Floodplams, wetlands, or municipal watersheds The dam site is located within a flood plain The project is not expected to have any adverse affect on the floodplam The material from the dam will be hauled out of the floodplain and planting will occur within the floodplam therefore the project could improve floodplam condition and function c Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas The project area occurs within the Congressionally designated be adversely affected 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 South Mills River Dam Removal Cradle of Forestry area which will not Page 1 of 2 American Indian and Alaska Native religious or cultural sites, archaeological sites, or historic properties or areas The Stream Gage was previously recorded in 2001 and was recommended for inclusion in the National Register of Historic Places In 2011 additional research and documentation was completed to determine NRHP status and management options in response to the presently proposed activity The gage structure was recommended for preservation in place and the associated stone walls are to be placed on their respective riverbanks after the stream restoration is completed The failing and reconstructed dam/weir will be removed The NC SHPO and USGS concurred with the Section 106 recommendations V ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITY Pursuant to 36 CFR 215 12, this decision is not subject to a higher level of review Implementation may begin immediately 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, 828 257 4214 4696-d JS e,f 6/8/12 DEREK J S IBARGUEN Date District Ranger South Mills River Dam Removal Page 2 of 2 ni w a •raw vJ o � Z N N R L M ,- I f�` �` "- " • � � � '� {�t` \fix'`_ _ Q � y DIP kb- f. oaf pro 3 � 4 ro v N j w r � r r r � N i r In, f rt V C) w b C/1 ¢ V � 3 R� (/1 a a_ � u a w R o z ¢ � x u z Q = N Z w LT- z a z ¢ m O d a \1 o ° w 3 o m � u V Z O � V � O O ' A O � N s 1�1 � O W U 0 w m E f6 L () `V 0 N rT v 1 MV 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