20071279 Ver 1_401 Application_20070707

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United States
Department of
Agriculture
Forest National Forests in 160A Zillicoa Street
Service North Carolina P.O. Box 2750
Asheville, NC 28802
File Code: 2530-3 RF.f ~~~E~
Date: July 20, 2007
Cyndi Karoly
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC
27699-1650
Dear Ms. Karoly,
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This letter is to request Section 401 Water Quality Certification from the North Carolina
Division of Water Quality for U.S. Forest Service project: Smith Branch Stream Rehabilitation
Project. Located on the Uwharrie National Forest in Montgomery County, North Carolina, this
project is situated on Smith Branch, a tributary to Rocky Creek in the Yadkin-Pee Dee River
Basin.
The proposed project is within and near a powerline corridor on National Forest land. In 2005,
an adjacent landowner illegally constructed two road crossings, one over Smith Branch and
another over a tributary to Smith Branch. The federal government took legal action, and the
trespasser removed the pipes from the crossings, but did not restore the site to an acceptable level
of stability, leaving stream banks oversteepened, a section of channel overwidened, and fill
material on the floodplain. This project proposes the following at Sites #1 and #2:
Site #1 (within powerline corridor)
• Restore stream bank and floodplain elevations previously disturbed by illegal road
construction using a tracked excavator. The intent of the stream bank work is to remove the
fill material from approximately 140 feet of bank (both left and right banks) and reestablish
the channel dimensions of the "E" stream type, matching that of the stable channel above and
below the site.
• Slope back the inner bank in the bend (right bank) for 40 feet and construct a point bar to
return the section of channel to a proper width to depth ratio. The bar would be constructed
using existing channel substrate.
• Fill material would be relocated to stable areas in the powerline corridor near the site.
• Stabilize the site with erosion control matting (700 weight coir matting) on banks, native
grass seed and mulch, and plantings of shrubs.
Site #2 (outside powerline corridor)
• Restore floodplain elevation previously disturbed by illegal road construction using a tracked
excavator. The stream channel would be left in its current location and not impacted.
• Fill material would be relocated to stable areas in the roadbed near the site.
• Stabilize the site with native grass seed and mulch, and plantings of trees and shrubs.
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A copy of the 404 permit application has also been sent to the N.C. Wildlife Resources
Commission for review.
Enclosed are the following materials:
• 5 copies of the PCN, application for 404 permit (Nationwide Permit #13), and letter of
Delegation of Authority.
• 5 copies of the vicinity map and site plans for the project.
• A check made payable to the Division of Water Quality for $475.00.
If you require any additional information, please contact me at 828-257-4214.
Sincerel
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Brady N. Dodd
National Forests in North Carolina
Forest Hydrologist

R~ C EIVED o 7- 1 2 7 9
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 13
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ^
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ? ~ ~~ °,; ~ ~~ ~Az ap
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1. Owner/Applicant Information ~~~ ~ ~
Name: Ms. Marisue Hilliard ~!'~ ~ ,v ~LO~~
Mailing Address: National Forests in North Carolina x,,. r ~ r ; ~,~,;.~~~
Supervisor's Office ~~r~~~~~~a~~~~~~''~'~i'~'`'=`~s``~`~' H
160 Zillicoa St. STE A
Asheville NC 28801-1082
Telephone Number: [phone] .Fax Number: [phone]
E-mail Address: mhilliard(a,fs.fed.us
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Brady Dodd
Company Affiliation: Forest Hydrolo~ist
Mailing Address: National Forests in North Carolina
Supervisor's Office
160 Zillicoa St. STE A
Asheville NC 28801-1082
Telephone Number: [phone] Fax Number:
E-mail Address: bdodd(a,fs.fed.us
Page 5 of 13

was taken by the federal government The trespasser removed the wipes from the crossings
but did not restore the site to an acceptable level of stability leaving stream banks
oversteepened channel overwidened and fill material on the floodplain
10. Describe the overall project in detail, including the type of equipment to be used: This
project proposes to do the following_
Site #1 (within powerline corridor)
• Restore stream bank and floodplain elevations previously disturbed by ille al road
construction using a tracked excavator. The intent of the stream bank work is to remove
the fill material from approximately 140 feet of bank (both left and right banks) and
reestablish the channel dimensions of the "E" stream type matching that of the stable
channel above and below the site.
• Slope back the inner bank in the bend (right bank) for 40 feet and construct a point bar to
return the section of channel to a proper width to depth ratio. The bar would be
constructed using existing channel substrate.
• Fill material would be relocated to stable areas in the powerline corridor near the site.
• Stabilize the site with erosion control matting (700 weight coir matting) on banks native
grass seed and mulch, and plantings of shrubs.
Site #2 (outside powerline corridor)
• Restore floodplain elevation previously disturbed b illegal road construction using a
tracked excavator. The stream channel would be left in its current location and not
impacted.
• Fill material would be relocated to stable areas in the roadbed near the site.
• Stabilize the site with native grass seed and mulch, and plantings of trees and shrubs.
11. Explain the purpose of the proposed work: This project work is needed to stabilize stream
banks at Site #1 to reduce the risk of excessive stream bank erosion and reestablish
floodplain function at both sites.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No__ jurisdictional determinations and/or permits have been requested and/or obtained for this
V. Future Project Plans
Page 7 of 13

3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet Before Im act (pleases ecify)
Site #1 Stream bank 140 Smith Branch 4 feet Perennial
rehabilitation

Site #1 Point bar
40
Smith Branch
4 feet
Perennial
construction

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us~s.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wvvw.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 180
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number
(indicate on ma)

Type of Impact* Area of

Impact
(acres)
Name of Waterbod
(if applicable) y 'T'ype of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

~` List each impact separately and Identity temporary Impacts. Impacts include, but are not limited to: tell, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Page 9 of 13

No mitigation plans are proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ^
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 11 of 13

Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~3
"~ipplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.).
Page 13 of 13

,~~~ 6 United States Forest National Forests in
~~~~ Department of Service North Carolina
Agriculture
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
828-257-4200
File Code: 1230
Route To: (2500)
Subject: Delegation of Authority
To: Brady Dodd
Date: October 12, 2005
You are hereby delegated the authority to act as my agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for watershed restoration
and improvement projects such as aquatic habitat restoration and enhancement, habitat
restoration, channel stabilization, and channel relocation on the National Forests in North
Carolina. You are authorized to make formal application for all permits to the US Army Corps
of Engineers and the North Carolina Division of Water Quality, provide all necessary
information, and sign all correspondence.
Include this letter as part of all application for Section 404 permits to the US Army Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
i
MARISUE HILLIARD
Forest Supervisor
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