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
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