Loading...
HomeMy WebLinkAbout20130837 Ver 1_401 Application_20130813ot wAr§' O y r p T 2013083T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification C Form A. Applicant Information W k IT 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑ ' Section 10 Pe 't 1b. Specify Nationwide Permit (NWP) number. 27 or General Permit (GP) number. 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 le. 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: Smitherman's Mill Dam Removal 2b. County: Montgomery 2c. Nearest municipality / town: Troy 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Troy 3b. Deed Book and Page No. Deed Book 586, Deed Page 747 3c. Responsible Party (for LLC if applicable): Mr. Roy J. Maness, Mayor of Troy and Town Council 3d. Street address: 315 N. MAIN STREET 3e. City, state, zip: TROY, NC 27371 3f. Telephone no.: 910 - 572 -3661 3g. Fax no.: none 11 G — o 3h. Email address: mayor @troy.nc.us DEW - WATER.4UALI "'Y W�ganda 3, St�maates BrancP�_. Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: U.S. Fish and Wildlife Service 4b. Name: Contact: Laura Fogo 4c. Business name (if applicable): U.S. Fish & Wildlife Service 4d. Street address: 551 -F Pylon Drive 4e. City, state, zip: Raleigh, NC 27606 4f. Telephone no.: 910 -695 -3323 ext. 4 4g. Fax no.: 910 -695 -3322 A. Email address: [aura—fogo@fws.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Parcel Number: 7548 00 50 4880 - See Appendix A attachment for property map Latitude: 35.343704 Longitude: - 1 b. Site coordinates (in decimal degrees): 79.852963 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 14.92 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Little River proposed project: 2b. Water Quality Classification of nearest receiving water: Little River -HQW 2c. River basin: Yadkin -Pee Dee 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: See attachment "Smitherman's Mill Dam Removal, Little River, Montgomery Co., NC." Non- functional, partially breached dam, minor impounding. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands are found in the project area footprint. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,094 linear feet of the Little River 3d. Explain the purpose of the proposed project: Restore stream habitat and aquatic life passage by complete removal of the dam barrier from the stream channel between ordinary high water marks. 3e. Describe the overall project in detail, including the type of equipment to be used: See attachment "Smithermans Dam Removal, Little River, Montgomery Co., NC." Describes approach, background, construction sequence and water management plan. 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 past? ® Yes ❑ No ❑ Unknown Comments: Corps & DWQ onsite June 14, 2012; waters of US 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): C. Wicker -No delination needed. Other: U.S. Army Corps of Engineers- Wilmington District 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. June 14, 2012 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 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 W1 ❑ P ❑ T N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ POT ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 2h. Comments: none 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 ❑ T N/A ❑ PER ❑ INT ❑ Corps ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 [:]POT ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: none Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 individually 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 Heavy equipment access and usage to remove dam barrier. Re- distribute native rock material in river and remove cement to 01 ❑ P ® T Little River upland. To the maximum extent river 0.14 practicable, the pre - construction course, condition, capacity and location of open waters will be maintained. 02 ❑P 03 ❑P 04 ❑P 4f. Total open water impacts .14 4g. Comments: 5. Pond or Lake Construction If Pond or lake construction PrODosed, th en 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 N/A 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 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑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? 61 ❑ P ❑ T N/A ❑ Yes ❑ No B2 ❑P ❑T C1 Yes ❑ No B3 ❑P ❑T El Yes ❑ No 61L Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. WA 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See attachment 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: N/A 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: N/A 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: N/A 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. N/A 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? ❑ 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 N/A 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). N/A 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. ❑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: 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? N/A ❑ 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: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 9 of 11 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? 1b. 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: See Appendix B. of attachment for U.S. FWS NEPA documentation. 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 ayes" 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. N/A 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. There will be no wastewater discharge associated with this project. Page 10 of 11 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? 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? U.S.FWS database, local biological knowledge; consultation with AFO. See Appendix B of attachment for- letter from U.S.FWS. 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? U.S.FWS database and consultation with RFO and AFO. 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? NC SHPO office. Please see Appendix C of attachment for SHPO clearance letter. 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: The proposed project area is within the 100 -yr floodplain, however, it is not in a Special Flood Hazard Area (NC DFIRM reviewed at http: // www.ncfloodmaps.com). The proposed dam removal does not require a Letter of Map Revision (LOMR) to revise this portion of the current Flood Insurance Rate Map (FIRM) and/or Flood Insurance Study (FIS) according to requirements and procedures outlined in Part 65 of the NFIP regulations. The proposed dam removal will result in a very slight physical change ( <1.0 ft) within the active stream channel that will reduce the local hydraulic characteristics and minimally result in the reduction of the effective Base Flood Elevations (BFEs) and base flood depths. No pre- or post- modelling of the site was done. See attached map. 8c. What source(s) did you use to make the floodplain determination? NC DFIRM reviewed at http: //www.ncfloodmaps.com Laura M. Fogo 11363 Applicant/Agent's Printed Name Applicant/Agent's SViature Date (Agent's signature is valid only if an authorization letter from the applicant Is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version ATTACHMENT For Pre - Construction Notification Smitherman's Mill Dam Removal, Little River, Montgomery County, North Carolina Purpose: The US Fish and Wildlife Service with assistance with multiple partners propose to restore stream habitat and aquatic life passage by removal of the Smitherman's Mill Dam (partially breached) from the Little River stream channel between the ordinary high water marks. Once restored, approximately 141 miles will be re- opened for aquatic life passage (36 mi. main stem and 105 miles perennial tributary streams). Location: Smitherman's Mill Dam is located east of Troy, North Carolina, on the Little River, just north of the Troy -Candor Road in Montgomery County (- 79.852963, 35.343704). See Appendix A for location map. Existing Conditions and Background: According to information gathered from the Montgomery County Heritage Book, the Smitherman Family, Reference 806, paraphrased, The Smitherman Cotton Mill was built at a cost of $30,000 in 1890 by Jesse Cox Smitherman, founder of Smitherman Cotton Mills in Troy. The dam has been breached since the late 1950's. It was constructed out of natural bedrock, cobbles, boulders and cement. It only impounds water at higher flows. The drainage area at the dam is 162 sq. mi. The dam is approximately 170 feet long and 12 feet high, except in the breached location. It creates a total barrier to aquatic species passage while also preventing safe recreational boat passage. An existing gate provides a low -level outlet, passing all flows up to approximately 50 cfs. The elevation of the dam is approximately 370 feet (msl). General Land Use: The general land use of the Little River basin is primarily forestry. The watershed is rural and includes portions of the Uwharrie National Forest. There is a small amount of agriculture (animal and crop production). Importantly, this river contains a significant amount of large, wooded riparian buffers protecting the water quality as well as providing wildlife corridors. The property on which the project will occur is owned by the Town of Troy, is undeveloped (forested), and is a public access point to the river. Positive benefits of this project will provide improved recreational access including a small parking area, the removal of the hazardous portage, a small boat launch, connection of the Town of Troy's blue water/ nature trail, and an environmental educational kiosk. 1 Species Diversity: A habitat survey for rare fish and freshwater mussels was conducted in June and July of 2012. Suitable habitat for rare fish and freshwater mussels was determined not to be present in the vicinity of the project area. From previous surveys, the following rare, freshwater aquatic species have been documented in the Little River near the project area by aquatic and fisheries biologists of the NC Natural Heritage Program, NC Wildlife Resources Commission, USFWS, and NC Museum of Natural Science: Name State Status Federal Status MUSSELS Atlantic pigtoe (Fusconaia mason) E FSC Brook floater (Alasmidonta varicosa) E FSC Creeper (Strophitus undulatus) T n/a Carolina Creekshell (Villosa vaughaniana) E FSC Eastern Lampmussel (Lampsilis radiata) T n/a Eastern Creekshell (Villosa delumbis) SR n/a Yellow lampmussel (Lampsilis cariosa) E FSC Green Floater (Lasmigona subviridis) E FSC Notched Rainbow (Villosa constricta) SC n/a Triangle Floater (Alasmidonta undulata) T n/a Savannah Lilliput (Toxolasma pullus) * E FSC Undescribed species (Alasmidonta sp. 2) ** SR n/a FISH Carolina darter (Etheostoma collis) SC FSC Carolina Redhorse (Moxostoma sp.3) T FSC American eel (Anguilla rostrata)* * * n/a Petitioned * One of only 4 populations of Savannah Lilliput in NC * * Endemic to the Uwharrie region * ** The American eel is being reviewed under the ESA. There are historic records of the American eel in the Little River (Menhinick, E.F. 1996. Studies of streams of the Uwharrie National Forest. Research Grant No. 11 -544, U.S. Department of Agriculture, Forest Service, 179pp). Also, Lenat's ceraclea ( Ceraclea joannae) is a caddisfly only known in the Little River. 2 Approach: The full vertical and horizontal extent of the existing dam will be removed. All concrete will be removed from the river channel and disposed of along the eroded right bank and covered with on -site sand and additional fill as necessary, graded to re -form a natural bank configuration. Native boulders and cobble will not be removed, and will remain in the stream, filling in the existing scour hole downstream of the dam. It is estimated that the remnants of the dam include approximately 645 cubic yards of concrete /rock - the concrete will be removed from the stream channel, while native stone will be redistributed into a scour hole to reestablish the natural channel dimensions. Most of the dam abutment on river right will be removed to restore the river channel and riparian corridor, but portions will remain as historical artifacts within the floodplain, outside of the ordinary high water marks. To the maximum extent practicable, the pre - construction course, condition, capacity, and location of open waters will be maintained. Work will be contained within the permitted footprint area. The restored configuration will match the natural stream channel and therefore will withstand expected high flows. An area of scour, along the right bank, downstream of the dam, will be returned to original contours using cobble and boulders recovered from the concrete/boulder aggregate material. The activity will improve the passage of normal and high flows. The activity will have minimal effects on the pre - construction course, condition, capacity, and location of open waters, but only to the extent of restoring the aquatic environment. The estimated area of open water impacts is. 14 acre. Precautionary measures will be taken during and after construction to minimize turbidity and sediment from entering open waters. No fill will be required for temporary construction access. No fill material will be placed below the mean high water mark of the river for public access. The Little River is designated High Quality Waters (HQW) by the NC DWQ. This supplemental NC DWQ classification intended to protect waters with quality higher than state water quality standards. In general, there are two means by which a water body may be classified as HQW. They may be HQW by definition, or they may qualify for HQW by supplemental designation and then be classified as HQW through the rule- making process. Equipment: Excavator with hydraulic thumb (Pneumatic jackhammer) Dozer 3 Construction Sequence 1. Prepare access to dam via the upstream right bank. 2. Demolish right bank powerhouse foundation. 3. Expand existing notch on left side of dam. 4. Demolish full vertical and horizontal extent of dam, working from river left to right, removing all concrete from river channel to eroded right bank, and spreading native rock and cobble in scour hole to restore river bed to natural elevation and stream bank to natural profile. 5. Cover concrete on right bank with on -site sand and additional fill as needed and re -grade to restore natural bank. 6. Designate and grade recreational footpath access to remain from the dirt, future graveled parking lot area in uplands to the river. Grade a small, parking area. A combination of large boulders, posts or fencing will be placed at the edge of the parking area to prevent any motorized vehicles to enter the floodplaln. A rain garden will be created in uplands to capture run -off from the small parking area. Within the floodplain, plans are to designate a small canoe/boat launch near the water's edge. Final design plans are not completed at this time. Thoughts are to utilize the existing river pebbles and gravel from the river restoration above the toe of bank within the river bench for the launch site. A few posts will be placed above the average high water mark to designate the site. 7. After the equipment is removed, immediate stabilization will occur to seed all disturbed areas- staging area, right bank, and access route. Temporary and permanent native seed mixes will be used at this time and silt fencing will be placed where necessary to prevent sediment from entering the river. 8. Notify landscaping contractors or Town of Troy to implement any additional erosion control measures and planting plan. Hardwood trees and shrubs will be planted after September. Water Management Plan • Work will occur during low flow (<20 cfs). Current streamflow is less than 0.5 cfs (USGS gage at Star). • Breaching the dam on river left will partially dewater the work area. • Stream flow is expected to be concentrated in the thalweg on river left. • Equipment (large track -hoe with hydraulic thumb) will remove the dam spillway in partially dewatered conditions. • Equipment will operate in the stream channel. • Downstream release of impounded sediment is expected to be very minimal. A small patch of impounded sand and silt exists on the right side of the dam upstream, but will be removed and used to cover the concrete material removed from the dam. Minimal amounts of silt and sand released from dam removal will settle out rapidly at eddies and pools. 4 Appendix A: Maps, Aerial, and Photos Property Map Montgomery County, NC Disclaimer: The information contained on this page is NOT to be construed or used as a 'legal description ". Map information is believed to be accurate but accuracv is not guaranteed. Parcels Parcel Number: 7548 00 50 4880 Deed Book: 586 Land Value: 55204 Name: TOWN OF TROY Deed Page: 747 Appraisal: 01 Road Name: TROY - CANDOR CAMA Acres: 14 92 Acres: 14 92 Road Type: RD Lot Number: T E LASSITER Parcel Address: TROY - CANDOR RD Address 2: 315 N. MAIN STREET Sale Month: 02 Address 3: TROY, NC 27371 Sale Year: 07 Total Market Value: 55200 Attributes at point: N: 580906, E: 1745463 Fire Districts Townships Proposed Voting Commissioner's Districts Name: Troy Name: TROY District: 2 Zoning Voting District Precincts Zoning: Residential 2 Name: T2 City: htlo7lwwwwebcis net Anderson 6 Associates, Inc. h11n1Mmwandassoc com 5 USGS Topographic Map (Troy Quadrangle) 0 1,000 map by Mark A. Cantrell Legend mark —a cantrell(Qt";s.gov Feet April 4. 2013 GIS Map of Densons Creek and Little River Watersheds (Credit: L. Batt, American Rivers) TROY DAM #2 Upstream of Troy #2: 7 miles of Densons Creek 29 miles perennial tribs State land SPenoerBr' ch 24/27 4 Dam Removals on Little River \ and Densons Creek, Troy NC o � J z CD Maness �� r serve rro , �W O� TROY DAM #1 - Removed 2012 t � � t Total Stream Miles Reconnected from 4 Dam Removals: 39 miles of Little River 10 miles of Densons Creek 144 miles of tributaries Q RISER C" DYNAMO tlf1 E �� DAM - Removed 2012 Nat'l Forest i Candor Rd �� Upstream of Smithermans: 36 miles of Little River 3 miles of Densons Creek 105 miles perennial tribs __,anr Cr / Downstream of Smithermans: ` 3.1 miles of Little River (to Capelsie Dam) 10 miles perennial tribs C", - Alt 7 NC 24/27 Uwharrie ITHERMANS Nat'l Forest DAM !� Troy C d a a 0.25 0.5 A Miles Smitherman's Mill Dam Design Overview rr-40' r -88 Legend Contours - 2ft Bridge Edge_of_water Streambank realignment - large boulder - pond area 1 - pond area 2 - scour hole - tailrace bench - tailrace inner berm - tailrace scour Structures ® Powerhouse Dam - Partial Breach Innerbenn '�.. Toe of bank Existing thalweg 0%0 Restored thalweg 8 0 100 map by Mark A Cantrell F— i-- r- �--F —{ mark_a_cantrell@tws gov Feet April 4.2013 Photos (Credit: Mark A. Cantrell, USFWS) Smitherman's Mill Dam Aerial View of the partially breached dam. View from downstream; powerhouse, and attaching dam. Inset shows lower outlet with iron bar reinforcement. Looking from powerhouse, right side toward southeast. 10 Left portion of dam with partial breach. Indeterminate amount of rock fill visible with concrete cap, however it appears the dam is predominantly river stone cemented by concrete mortar and capped with additional concrete. Upstream view of partial impoundment, vegetated depositional area. 11 Appendix B: USFWS NEPA documentation letter United States Department of the Interior FISH AND WILDLIFE SERVICE Ashe%ille Field Office 160 ZtlLcoa Street Asheville. North Carolitto 28801 May 21, 2013 Ms. Laura Fogo U.S. Fish and Wildlife Service Raleigh Field Office / Southern Purses Sub -Office P.O. Box 119 Southern Pines, NC 28388 Dear Ms. Fogo: Subject- Data removal - Snuther ans Dam, Montgomery Co., North Carolina. The U.S. Fish and Wildlife Service ( USFWS) has reviewed infonnation for the proposed removal of Smithermans Dam, Little River, Montgomery County, North Carolina. The USFWS Partners for Fish and Wildlife program, on behalf of the landowners, plaits to: 1. file an application for 401/404 certification under the Nationwide 27 permit for the restoration work, and: 2. improve fish passage and aquatic habitat by removal of the decrepit darn and restoration of the dam site, using federal fiuids. The proposed project involves restoration of stream habitat and aquatic life passage by removal of the dam (partially breached) from the stream channel between the ordinary high water marks. The concrete will be disposed at an appropriate upland site. Native boulders and cobble will not be removed, and will remain in the stream. Bedrock will not be altered. The following continents are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.0 1531 -1543) (Act) Comments and Recommendations. We have no objections to the proposed dare removal project as described. We have records of mussels, including the Savannah lilliput (Toxolasma pullus) and Alasmidonto sp. (robustum), and the Carolina redhorse (Moxosroma sp.) from the vicinity of the dam proposed for removal. We are encouraged that restoration at this site will unprove passage for the American eel and other diadromouls fishes as well. In order to minimize impacts to the aquatic environment, including these rare species, we recommend including the following measures in your plans: 1. Stringent erosion - control measures should be installed where soil is disturbed and should be maintained until project completion in the upland areas and along shoreline construction area in the riparian portions of the project. 2. No excavated material should be stockpiled where sediment will erode to surface waters. 12 NC 28388 Dear Ms. Fogo: Subject- Data removal - Snuther ans Dam, Montgomery Co., North Carolina. The U.S. Fish and Wildlife Service ( USFWS) has reviewed infonnation for the proposed removal of Smithermans Dam, Little River, Montgomery County, North Carolina. The USFWS Partners for Fish and Wildlife program, on behalf of the landowners, plaits to: 1. file an application for 401/404 certification under the Nationwide 27 permit for the restoration work, and: 2. improve fish passage and aquatic habitat by removal of the decrepit darn and restoration of the dam site, using federal fiuids. The proposed project involves restoration of stream habitat and aquatic life passage by removal of the dam (partially breached) from the stream channel between the ordinary high water marks. The concrete will be disposed at an appropriate upland site. Native boulders and cobble will not be removed, and will remain in the stream. Bedrock will not be altered. The following continents are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.0 1531 -1543) (Act) Comments and Recommendations. We have no objections to the proposed dare removal project as described. We have records of mussels, including the Savannah lilliput (Toxolasma pullus) and Alasmidonto sp. (robustum), and the Carolina redhorse (Moxosroma sp.) from the vicinity of the dam proposed for removal. We are encouraged that restoration at this site will unprove passage for the American eel and other diadromouls fishes as well. In order to minimize impacts to the aquatic environment, including these rare species, we recommend including the following measures in your plans: 1. Stringent erosion - control measures should be installed where soil is disturbed and should be maintained until project completion in the upland areas and along shoreline construction area in the riparian portions of the project. 2. No excavated material should be stockpiled where sediment will erode to surface waters. 12 3. Native shoreline vegetation should be left unaltered as much as possible. Riparian buffers should be maintained or re- established with plantings of the natives species, wherever possible. Endangered Species. Based on tine information provided, our knowledge of the site, and a review of our records, the Fish and Wildlife Service concurs with your determination that the proposed project will not affect endangered or threatened species and their habitats. Therefore, we believe the requirements under Section 7 of the Act are fiilfilled. However, obligations under Section 7 of the Act must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We look forward to working with you to implement your plans to restore stream fiuictions at this site. If you have specific questions concerning these comments, please contact me at (828) 258 -3939, ext. 227, or via email at mark—a—cantrell@fws.gov. Sincerely, - - original signed - - Mark A. Cantrell Fish & Wildlife Biologist 13 Appendix C: State Historic Preservation Office documentation letters North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Banos, Admumtrator Pat \McCrory, Governor Susan Mum,Scactan, Kevin (]tern•, Ikput) Seeretar) April 25, 2013 Mark Cantrell US Fish & Wildlife Service 160 Zillicoa Street Asheville, NC 28801 Office of Awhtves and 116toty DMston of I hstoncal Resources Re: Remove Smithermans Dam on the Little River, Montgomery County, ER 13 -0778 Dear Mr. Cantrell: Thank you for your email of April 16, 2013, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future communication concerning this project, please cite the above - referenced tracking number. Sincerely, �, Pv_� YdtkdQ � bl"Ramona A Banos t ocadoa 10) last Juno Suet, Ralcgh NC 27601 Mading Address 4617 Mad Smacc Csmu, ftalegh NC' 7699 -4617 Telephone/F" (919) 8074570/807.6599 14