The URL can be used to link to this page

Home My WebLink About20141301 Ver 1_401 Application_20141214ova United States 5 Department of Agriculture Forest National Forests in 160A Zillicoa Street Service North Carolina P.O. Box 2750 Asheville, NC 28802 NC DWR, 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Dear NC DWR, File Code: 2530 -3 Date: December 9, 2014 1 f � This letter is to request Section 401 Water Quality Certification from the North Carolina 'Division of Water Quality for U S Forest Service project Tributary to South Toe River Stream Restoration Project Located on the Pisgah National Forest, Appalachian Ranger District in Yancey County, North Carolina, this project is situated on a tributary to the South Toe River, in the French Broad River Basin Work was done at this site during the reconstruction of FSR 472 to repair storm damage following the 2004 hurricanes The channel of this tributary to the river was reconstructed at the foot of the boulder wall of FSR 472 As a result, stream flow abandoned the channel and went into the boulder wall, thus leaving the new channel dry until larger storm runoff events The stream remains disconnected from the river and a barrier. to aquatic organism movement This project will relocate approximately 150 feet of channel away from the toe of the boulder wall by excavating the new channel in the river floodplain using a medium -sized tracked excavator Work is planned to occur in the dry where conditions allow thus minimizing sediment inputs into the South Toe River The constructed channel would be designed using a reference reach dimension, pattern and profile derived from an upstream reach, using in- stream log structures as needed Excavated material would be used to fill the old channel at the toe of the boulder wall to the floodplain elevation Streambanks would be constructed with local vegetation transplants, and covered with coir matting and planted with riparian type vegetation All disturbed soil would be seeded and mulched 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 An Erosion and Sediment Control Plan and Trout Buffer Waiver Request have not been submitted to NC Division of Land Quality since disturbed area is less than one acre and less than 10% of the reach would be disturbed Enclosed are the following materials Five copies of the Pre - Construction Notice (version 13), application for 404 permit (Nationwide Pernut #27), 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 S Caring for the Land and Serving People Printed on Recycled Paper %$ A check made payable to the Division of Water Quality for $570 00 since the length of stream channel impacts is more than 150 feet If you require any additional information, please contact me at 828 - 257 -4214 Sincerel , Bra yN od National Forests in North Carolina Forest Hydrologist Of w a rF9 o� qG Office Use Only t� Q 3 Q Corps action ID no 6% �® o < DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 27 or General Permit (GP) number n/a 1 c Has the NWP or GP number been verified by the Corps? ❑ Yes N No 1 d Type(s) of approval sought from the DWQ (check all that apply) N 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 N No For the record only for Corps Permit ❑ Yes N No 1 f 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 N No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes N No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a Name of project Tributary to South Toe River Stream Restoration Project 2b County Yancey 2c Nearest municipality / town Busick, NC 2d Subdivision name USDA Forest Service, Appalachian Ranger District 2e NCDOT only, T I P or state project no a 3. Owner Information 3a Name(s) on Recorded Deed USDA Forest Service i ` ; 3b Deed Book and Page No 3c Responsible Party (for LLC if;x" d 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 kmbail@fs fed us 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 4b Name Brady N Dodd 4c Business name (if applicable) USDA Forest Service, Hydrologist 4d Street address 160 Zillicoa Street, Suite A 4e City, state, zip Asheville, NC 28801 4f Telephone no 828 - 257 -4214 4g Fax no 828 - 257 -4874 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 11 B Project Information and Prior Project History 1. Property Identification 1 a Property identification no (tax PIN or parcel ID) USDA Forest Service, National Forest in NC, Appalachian R D 1 b Site coordinates (in decimal degrees) - if you can't get Latitude 35 760217 Longitude - 82 206965 these, dust include a very good vicinity map 1 c Property size 439,575 acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to South Toe River proposed project 2b Water Quality Classification of nearest receiving water Class B, Trout, ORW 2c River basin map is available at French Broad River Basin http Hh2o enr state nc us /admen /maps/ 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application Work was done at this site during the reconstruction of FSR 472 to repair storm damage following the 2004 hurricanes The channel of this tributary to the river was reconstructed at the foot of the boulder wall of FSR 472 As a result, stream flow abandoned the channel and went into the boulder wall, thus leaving the new channel dry until larger storm runoff events The stream remains disconnected from the river and a barrier to aquatic organism movement 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 5,000 feet in the tributary drainage and river floodplain within the project boundary 3d Explain the purpose of the proposed project The purpose of this project is to connect streamflow from the tributary channel to the South Toe River, and restore aquatic organism movement 3e Describe the overall project in detail, including the type of equipment to be used This project will relocate approximately 150 feet of channel away from the toe of the boulder wall by excavating the new channel in the river floodplain using a medium -sized tracked excavator Work is planned to occur in the dry where conditions allow thus nummizing sediment inputs into the South Toe River. Equipment access is provided from upstream where the FSR 472 crosses the tributary, following the powerlme north to the site The constructed channel would be designed using a reference reach dimension, pattern and profile derived from an upstream reach, using in- stream log structures as needed Excavated material would be used to fill the old channel at the toe of the boulder wall to the floodplain elevation Streambanks would be constructed with local vegetation transplants, and covered with coir matting and planted with riparian type vegetation All disturbed soil would be seeded and mulched Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? 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 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) 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 ❑ No ❑ DWQ 2g. Total wetland impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Excavate a new channel, install in- S1 ®P ❑ T stream structures Tributary to S Toe ® PER ® Corps 7 150 & vegetation River ❑ INT ® DWQ transplants on banks S2 ® P FIT Fill existing abandoned Tributary to S Toe ® PER ® Corps 7 140 channel River ❑ INT ® DWQ 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 290 31 Comments Page 5 of 11 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 ❑ Tar - Pamlico ❑ 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 re wred� 131 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T El ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 D. Impact Justification and Mitigation 1 Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Construction would occur in the absence of streamflow since the new channel would be constructed before diverting water into it Filling of the existing channel would also be in the dry since flow abandoned the channel into the road boulder slope However, temporarily increases in turbidity are likely from the work, especially when streamflow is first released to the new channel, but because of erosion control features (transplants, coir matting, etc ) the amount would be minimal and would quickly be diluted in the South Toe River flow Potential adverse impacts would be avoided by minimizing excessive excavation and adhering to the State turbidity standard Work is expected to be completed over a two -three day period b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques A Minimize the area and degree of soil 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 in a manner that minimizes disturbance of the forest floor, exposure of mineral sod, or degradation of stream bank stability E Install sediment fence 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 sod within five days of ground disturbing activities to provide long -term erosion control 3 Stabilize channel banks with a native seed mix as work is completed G Do not move sediment trap devices until the vegetation in the disturbed areas has been established H During on -going operations inspect the site frequently, inspect occasionally during inactive periods 1 Check for potentially damaging or fading situations that may cause unacceptable water quality impacts 2 Correct fading situations as soon as practical I Conduct visual inspections of South Toe 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 El 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 Quantity Page 7 of 11 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 El 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 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a 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? Yancey County ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached9 4. DWO 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 ❑ Yes ® No attached9 S. 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) land9 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)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House9 (If so, attach a copy of the NEPA or SEPA final approval letter) ® Yes ❑ No Comments NEPA Decision Memo document is attached 2 Violations (DWO 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 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 habitat? Appalachian E/ktoe reside several miles downstream in the S. ® Yes ❑ No Toe River. 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 — "Critical Habitat Mapper" 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? Conclusion is based on Archeology review of the project in June 2014, stating "This is an Exempt Undertaking for Hentage /Archaeology The project area was initially covered during the 2004 Storm efforts, and no archeological resources were located within the project area, with SHPO & THPO concurrence " 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 This project in no way inhibits the natural function of the floodplain, but will actually improve floodplain form and function 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 Applicant/Agent's Printed Name Date App icant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 Forest National Forests in 160 Zillicoa St, Ste. A $ Service North Carolina Asheville, NC 28801 -1082 828- 257 -4200 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 xao,eoo-� BAIL visor USDA i* America's Working Forests - Caring Every Day in Every Way Pnnted on Recyded Paper USDA File Code: 1920 Date: Route To: (1920) Subject: Tributary to South Toe River Stream Restoration Project Decision Memo To: Members of the Public I have decided to authorize the relocation of approximately 150 feet of channel away from the toe of the Forest Service Road (FSR) 472 boulder wall by excavating a new stream channel in the South Toe River floodplain. BACKGROUND Following the 2004 hurricanes work was done to repair storm damage that occurred on FSR 472. The channel of this tributary to the South Toe River was reconstructed at the foot of the boulder wall of FSR 472 As a result, stream flow abandoned the channel and went into the boulder wall, thus leaving the new channel dry until larger storm runoff events. The stream remains disconnected and a barrier to aquatic organism movement. DECISION I have decided to relocate approximately 150 feet of channel away from the toe of the boulder wall by excavating the new channel in the river floodplam (Figure 1) using a tracked excavator. Equipment access is provided from upstream where the FSR 472 crosses the tributary, following the power line north to the site The constructed channel would be designed using a reference reach dimension, pattern and profile derived from an upstream reach of the tributary. Excavated native material would be used to fill the old channel at the toe of the boulder wall to the floodplain elevation. All disturbed soil would be seeded and mulched, and stream banks would additionally be covered with coir matting and planted with native riparian type vegetation. Figure 1- Plan view sketch of current condition and proposed action. TRIEUC- AYTOSWTH TCERrMUREW mNRi}I14 FROacf FLA14" t HUCH US03EHTCONGHICH TRJWLn TOSCUrll WERPIU fV11 RMCRATION FROJECT FLAWE\FSNUCHOFFRCF09E0A„^TIOH 11 s� �Ji „ fY channel re'ocat� Figure 1- Plan view sketch of current condition and proposed action. This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA) under 36 CFR 220.6 (e) (18). The applicable category of action(s) in 36 CFR 220.6 (e) (18) allows for: Restoring wetlands, streams, riparian areas or other water bodies by removing, replacing, or modifying water control structures such as, but not limited to, dams, levees, dikes, ditches, culverts, pipes, drainage tales, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes to the extent practicable where valid existing rights or special use authorizations are not unilaterally altered or canceled This category of action(s) is applicable because the project restores the stream system to allow waters to flow into natural channels, connect to its floodplam and restore natural flow regimes Under USDA Forest Service policy I must consider if extraordinary circumstances exist that would warrant further analysis and documentation in an EA or EIS and preclude the use of the above stated categorical exclusion Thus, I took into account certain specified resource conditions identified in agency policy that should be considered to determine whether extraordinary circumstances right exist and determined none do. These resource conditions are listed below and the findings resulting from their consideration: • Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species — A July 3, 2014 biological evaluation (BE) included in the project record determined As Proposed Lasted, Sensitive, and Forest Concern species and their habitat may occur at the proposed project area, the proposed actions may impact individual Southern Rock Vole and Northern Pigmy Salamander, but is not likely to cause a trend towards federal lasting or a loss of species viability, is not likely to impact any other Sensitive and Forest Concern species, and will not affect any T and E terrestrial wildlife species, and is not likely tojeopardize the continued existence of northern long -eared bat This proposal will have no effect on any Federally Threatened or Endangered, Regionally Sensitive or Forest Concern plant species. • Floodplains, wetlands, or municipal watersheds — Wetlands, or municipal watersheds are not present, and the floodplain would be reconnected to the perennial flow pattern of the tributary. • Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas — None are present • Inventoried Roadless areas or potential wilderness areas — None are present • Research natural areas — None are present. • American Indians and Alaska Native religious or cultural sites — An archaeological review completed in June 2014 determining: The proposed project has no potential for effect, adverse or beneficial, to a NRHP eligible heritage resource, and therefore is an Exempt Undertaking, no further Section 106 compliance documentation is required • Archaeological sites, or historic properties or areas — An archaeological review completed in June 2014 determining. The proposed project has no potential for effect, adverse or beneficial, to a NRHP eligible heritage resource, and therefore is an Exempt Undertaking, no further Section 106 compliance documentation is required PUBLIC INVOLVEMENT This action was originally listed as a proposal on the Pisgah National Forest Schedule of Proposed Actions and updated periodically during the analysis. A scoping document was mailed to 13 members of the public in July 2014, including local environmental organizations, the United States Fish and Wildlife Service (USFWS) and the North Carolina Wildlife Resources Commission (NCWRC) Two comments were received in support of the project. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS 1 This decision is consistent with the Nantahala and Pisgah National Forest Land and Resource Management Plan (Forest Plan) as required by the National Forest Management Act. 2. The actions of this project have met all requirements of the Endangered Species Act and all agreements with the State Natural Heritage Program, in that there are no impacts expected on Proposed, Endangered, Threatened or Sensitive species. A BE was completed for this project in July 2014. 3. There is no known or proposed expected heritage or cultural resources in the project area that will be affected by the proposal. A cultural review was completed by a zone archeologist in June 2104, excluding this protect from concurrence with the State Historic Preservation Office (exempt undertaking). 4. There are no significant irretrievable resource commitments ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to administrative review and appeal Contact For additional information concerning this decision, contact: Brady Dodd, National Forests in NC, 160 Zillicoa Street, Asheville, NC 28801, (828) 257 -4214 G` 4' MATTHEW M. MCCOMBS Appalachian District Ranger TRIBUTARY TO SOUTH TOE RIVER STREAM RESTORATION PROJECT — PROJECT DESCRIPTION Purpose and Need The Appalachian Ranger District of the Pisgah National Forest is proposing the Tributary to South Toe River Stream Restoration Project, a proposal to reconstruct an unnamed tributary stream channel to the South Toe River (see Figure 1 for location). l i J i F •� ;fir °ri { � ... ��e- i �y�tj•3r , f 'J / 1b��ffF F ! tb. ► 0 • W, • � r 1,�t Tributary to S. Toe River Stream Restoration Project ; f` .. t Figure 1 - Tributary to South Toe River stream restoration project, Celo Quad. Work was done at this site during the reconstruction of FSR 472 to repair storm damage 1IPage Tributary to South Toe River Stream Restoration Project following the 2004 hurricanes. The channel of this tributary to the river was reconstructed at the foot of the boulder wall of FSR 472 (Figure 2). As a result, stream flow abandoned the channel and went into the boulder wall, thus leaving the new channel dry until larger storm runoff events. The stream remains disconnected and a barrier to aquatic organism movement. Figure 2 - Existing channel located at the toe of the road embankment Note water going into the rock embankment. Proposal Relocate approximately 150 feet of channel away from the toe of the FSR 472 boulder wall by excavating the new channel in the river floodplain (Figure 3 & 4) using a tracked excavator (see Appendix A for excavator specifications) . Equipment access is provided from upstream where the FSR 472 crosses the tributary, following the powerline north to the site. The constructed channel would be designed using a reference reach dimension, pattern and profile derived from an upstream reach. Excavated material would be used to fill the old channel at the toe of the boulder wall to the floodplain elevation. All disturbed soil would be seeded and mulched, and streambanks would additionally be covered with coir matting and planted with riparian type vegetation. 21 Page Tributary to South Toe River Stream Restoration Project Figure 3 - Area on South Toe River floodplain where stream channel restoration is proposed to restore flow to the tributary channel. Figure 4 - Plan view sketch of f ro current condition. South Toe River } I V �`11OS4de Grao z".. I r rr 4y I 31 Page Tributary to South Toe River Stream Restoration Project Tributary Channel with Flow going into boulder wall ( ~330 l_ feet long) I r rr 4y I 31 Page Tributary to South Toe River Stream Restoration Project Construction Sequence (Figure 5): 1. Construct new stream channel using reference reach parameters, leaving soil plugs at existing stream channel functions to keep constructed channel dry. 2. Temporarily place excavated material (for no more than 24 hours) on the floodplain for storage until ready to fill abandoned channel 3. Use erosion control measures on constructed stream banks, e.g., vegetation transplants and coir matting (Appendix A) 4. Remove soil plugs from downstream to upstream, allowing stream to flow into the constructed channel. 5. Fill the old channel'with excavated material to floodplain elevation., 6 Plant native riparian type vegetation and seed & mulch all disturbed areas (Appendix A) Tributary to South,Toe River Stream Restoration Project g - - -- TEMPORARY PLACEMENT (NO MORE THAN 24- HOURS) OF EXCAVATED MATERIAL FROM NEW CHANNEL CONSTRUCTION USED TO FILL ABANDONED CHANNEL < %FT:jt FOLLOWING CHANNEL COMPLETION ?.`;? %1,;.';;} STREAM CHANNEL RELOCATION CONSTRUCTION r� RETAINED BANK (SOIL PLUG) FOR WORKING IN THE DRY Figure 5 - Plan view sketch of proposed action with construction sequence. 51 Page Tributary to South Toe River Stream Restoration Project r , Construction Sequence: 1. Construct new stream channel , using reference reach parameters, ;;;,;; leaving soil plugs at existing „•' , stream channel junctions to keep constructed channel dry. 2. Temporarily place excavatedµ; material (for no more than 24� hours) on the floodplain for is * =�:• ' ' storage until ready to fill STREAM CHANNEL :. abandoned channel. RELOCATION Iy, 3. Use erosion control measures on CONSTRUCTION N•.,FSJ... constructed stream banks, e.g., 1 vegetation transplants and coir RETAINED BANK`$ ; matting. (SOIL PLUG) FOR WORKINGINTHE h{. PERMENANT 4. Remove soil plugs from DRY tt�ys?`•: PLACEMENT OF EXCAVATED downstream to upstream, allowing mit M. MATERIAL FROM stream to flow into the t'H F`�i .: NEW CHANNEL constructed channel. _,y` F,w CONSTRUCTION. Flu 5. Fill the old channel with excavated s M ABANDONED material to floodplain elevation. ' CHANNEL TO 6. Plant native riparian type p YP r: FLOODPLAIN ELEVATION vegetation and seed &mulch all *R4Z "A disturbed areas. 7 - - -- TEMPORARY PLACEMENT (NO MORE THAN 24- HOURS) OF EXCAVATED MATERIAL FROM NEW CHANNEL CONSTRUCTION USED TO FILL ABANDONED CHANNEL < %FT:jt FOLLOWING CHANNEL COMPLETION ?.`;? %1,;.';;} STREAM CHANNEL RELOCATION CONSTRUCTION r� RETAINED BANK (SOIL PLUG) FOR WORKING IN THE DRY Figure 5 - Plan view sketch of proposed action with construction sequence. 51 Page Tributary to South Toe River Stream Restoration Project APPENDIX A - STREAM RESTORATION SPECIFICATIONS EQUIPMENT AND OPERATOR SPECIFICATIONS A) Manner of Construction - Excavation will be done in a manner which will minimize sedimentation in the stream channel Silt fence will be- installed downstream of the construction area to reduce the risk of sediment entering the stream B) Equipment Operator Performance - Equipment operators shall be experienced and competent in the use of the equipment to which they are assigned They shall be expected to demonstrate a level of proficiency with the equipment which enables them to be productive in all aspects of stream restoration work Equipment operators shall be experienced in the construction of Rosgen designed structures, including the cross vane, J -hook vane, and Toe - wood /Sod mat Operators will be instructed by the construction inspector as to the desired result of construction activities Operators will be responsible for determining how best to use equipment to achieve the desired results Chain saw operators will be<required to cut trees, limbs and root masses as necessary,to facilitate the removal and placement of debris in'the stream C) Environmental Considerations - Earth moving equipment will cross and operate in the stream flow only when necessary and only when directed to do so by thea construction inspector Equipment shall ,be new or of low hours and be maintained to prevent'fuel, oil'iand lubricant spills'in the vicinity of the "stream Refueling, repairs and lubrication will be. performed at,a,safe distances `from the stream and only at locations approved by the construction inspector where water is controlled by runoff control measures D) Safety Considerations - At work sites, where equipment will be operated on Forest Roads, flagman shall be stationed to warn oncoming traffic of congestion Construction road signs shall be in place and a means of removing sediment, mud or rocks from roadways�shall be established The contractor will be responsible for the implementation of these measures E) Equipment Specifications Hydraulic Excavator • Track mounted, hydraulic powered • Excavator o Min weight — 25,000 Ibs o Min Reach — 22 feet o Min Digging Depth — 20 feet o Min Bucket size —1 0 Cu Yd o Min 115 HP o Equipped with hydraulic thumb, with experienced operator as described above (More than 1 excavator may be required Unit price bid should be for one excavator for one hour of running time) 'IN- STREAM STRUCTURES SPECIFICATIONS Log Vane Description This structure serves to decrease stress in the near- bank,region while promoting scouring in the downstream pool Logs are placed at an angle to the stream bank, gradually inclining in elevation until they are located near % bankfull elevation directly adjacent to the stream bank Water flowing downstream is forced over these logs towards the middle of the channel, effectively scouring out a pool Tributary to South Toe River Stream Restoration Project below. The quantity of log vanes may be increased, decreased, or eliminated entirely at the direction of the designer. Such variations in quantity will not be considered as alterations in the details of construction or a change in the character of the work. Materials Trees to be used for the vane shall be provided by the Forest Service from near the site. All log materials shall be at least 10 inches in diameter. A sheet of non woven geotextile fabric (4oz. or greater) shall be placed the length of the vane arm on the upstream side, stapled to the top log in a manner that they will be covered by back fill material. Back fill material shall be obtained from the stream channel bed. Installation A trench shall be dug in such a manner that the footer and header logs are buried beneath the bed surface elevation at least three feet. An excavator, with a bucket that includes a hydraulic thumb, shall be used to place logs under the supervision of Designer. Logs shall be tightly sealed with no gaps between the header and footer log. Filter fabric shall be placed on the upstream side of the structure and backfilled with materials excavated on -site to prevent the washout of sediment through log gaps. Filter fabric shall extend from the bottom of footer log to the finished grade elevation and shall be placed the entire length of the structure. Header and footer logs shall be tied in securely to the bank in such a way that eliminates the possibility of water diverting around them. Structures shall be built to the approval of the Designer. The Designer may adjust the number and placement of structures in the field. Basis of Payment This payment shall be considered full compensation for all labor, equipment, hauling, placing, handling, sorting, fitting, materials, and incidentals necessary to construct the Log Vane. Trees to be used for the vane shall be provided by the Forest Service. Payment will be made under: Equipment& Labor ............................................ ............................... ..........................HOURS Materials: Non woven geotextile fabric ........................................... ...........................Lll� 118 TO V4 OF END OF LOGS BURIED IN STREAM BED ATTH BOULDER AT This area I be Log Vane Typical INVERTISED filled wrthI e ELEVATION lops and fabnc d ,7 stream roc overfabn P m LOGS PLACED AT A 20 - 30= ANGLE FROM BANK AND AT 'o PC A 2 - 4% SLOPE FROM 112 BANKFULL ELEVATION Consimcted pool PROTECTED BANK Elankfull elevation - —_ GEO LE FABRIC / PLACED RIVER ROCK e S ' LOGS; TOPS OF TREES - BURIED UNDER Construcled RIVER ROCK ool Tributary to South Toe River Stream Restoration Project TEAR FOOT 71 Page Toe - wood /Sod mat (bankfull bench) Description This structure serves to protect a length of stream bank by biulding a new bank with a bankfull area where one did not exist before due to unstable conditions (See Toe - wood /Sod mat detail below). The structure creates a large undercut bank providing an abundance of aquatic cover type habitat. Materials Trees and brush to be used for the structure shall be provided by the Forest Service from near the site. Shrubs and willow shall be provided by the Forest Service from near the site. (Excavated soil shall be hauled off the site and dumped within 5 miles by the contractor. Seed, mulch, coir matting, and riparian plantings (live stakes, potted material, etc.) shall be provided and installed by the contractor. Installation The channel shall be excavated to build a bench on the channel bottom on the outside of the meander bend. Its elevation shall be well below determined low water elevation. A deep pool shall be constructed where the new thalweg will be located, and excavated material shall be used to build the point bar and back fill the structure. Footer logs laying parrallel to the stream channel shall be placed on the bench, then the toe -wood on top of that. Toe -wood shall consist of a mixture of sizes, but include several large tree stems with root wads attached. Stems shall be pushed into the bank were possible. Trees, brush, and limbs shall all be used to fill this area with woody debris, and be placed up to the low flow elevation. Bundles of live stakes, e.g. willow, shall be placed on top of the woody debris and alluvial backfill shall be placed on the structure (amount determined by Designer). Shrubs, excavated from nearby, shall be placed on top of the toe -wood up to the bankfull elevation. This shrub mat will replace the "sod mat ". From the bankfull elevation the verticle slope shall be excavated to the 2:1 slope (run to rise). Excavated soil material shall be scattered on the adjacent terrace. All slopes shall have seed, mulch, and coir matting installed. Riparian plantings shall be installed on the slope and during the plant dormant season, live stakes shall be installed in the bench and bank. Stabilization of Vertical Banks on outside Meander Bend *-mow Construction of Bankfull Bench using TOE WOOD /SOD MAT DETAIL - -- ----------------- - ........................ EXCAVATED BANK MATERIAL ;TION ITEMS AND SEQUENCE Excavate high bank to construct a 2:1 slope from bankfull to terrace elevation Excavate & construct toe wood bench and new channel pool feature based on reference pool dimensions Place treesAogs/tops on toe wood bench & in toe of bank below low Flow Place willow cuttings/bundles on toe wood Excavate sod mats (using a front end loader) or shrub transplants (e.g. alder. willow) and place on toe wood up to bankfull elevation Seed bank with native grass seed Cover sod mat and sloped bank with coir erosion control matting Plant willow /silky dogwood /elderberry cuttings into relocated sod mat and bank to help `pin' sod into bank Tributary to South Toe River Stream Restoration Project 1 FOOTER LOGS T— 'oo° ............. D.Vh1 l.E) tY.@WR..................... > SOD MAT Low flow Elevation TOE WOOD Pre_(•gnSt UFc m Channel Bottom Channel Bottom Br�Ey DoAE NFNC HWn 81 Page Basis of Payment This payment shall be considered full compensation for all labor, equipment, hauling, placing, handling, sorting, fitting, materials, and incidentals necessary to construct the bankfull bench Trees to be used for the structure shall be provided by the Forest Service Payment will be made,under Equipment & Labor m Materials Coir' Matting- Seed = Riparian Plantings EROSION CONTROL SPECIFICATIONS Seed (Native) - _ HOURS LINEAR FOOT ACRE EACH Description Seeding shall occur�within 24 hours of ground disturbing activities Seed shall be applied by hand or with a cyclone seeder,and on,steep slopes be`immediately covered with leaf litter ; raked in from the surrounding area On stream banks; biodegradable matting /blanket shall be placed,to,keep seed and sod m place Below are native grass species to be sown and their seeding density of pure live seed ,Community Type Rl anan Scientific Name Common Name Planting Density EI mus vir inicus Virginia wild rye 22 Ibs /acre Festuca rdbra Creeping red fescue 5 Ibs /acre Dichanthelium clandestinum Deerton ue 2 Ibs /acre Aster sa ittifolius Arrow Leaved Aster 2 Ibs /acre Rudbeckia hirta BlackEE ed Susan 2 Ibs /acre Eupatorium fistulosom Joe P e Weed 1 Ibs /acre Eupatorium perfoliaturn Boneset 1lbs /acre Materials All matenals -shall meet the approval of the Designer Basis of Payment Payment for installation of seed and mulch will be paid for as outlined This payment shall be considered full compensation for all labor, equipment, furnishing materials, hauling, rehandling, sorting, materials, and incidentals necessary to seed and mulch Payment will be made under Seed Mattina, ACRE Materials Al materials shall meet the approval of the Designer and,indude Coir fiber mat 700, hardwood stakes, and live stakes (see "Planting" Specs) Installation Coir fiber mat 700 shall be used on upper and lower stream banks (above and below the bankfull elevation) The matting shall be fastened in place using hardwood stakes During the following plant 91 Page Tributary to South Toe River Stream Restoration Project dormant season, live stakes shall be planted in the matting from water's edge to dust above bankfull Species include silky dogwood (Cornus ammonum), black willow ( Salix rngra), silky willow ( Salix sencea), ninebark (Physocarpus opulifolius) and common elderberry (Sam bucus canadensis) from a local source Provide stakes made of hardwood to anchor the matting Stakes shall be installed to no less than 1 foot deep for use on side,slopes and along the top edge of matting Place the matting upon final grading, following seed and mulch application Provide a smooth sod surface free from stones, clods, or debris which will prevent the contact of the matting with the soil Unroll the matting on the contour, starting at the bottom of the slope and apply without stretching such °that it will lie smoothly but loosely on the sod surface Bury the top end of each piece of matting in a narrow trench at least 6 in (150 mm) deep and tamp firmly after staking with evenly spaced stakes Stake the matting according to the manufactures recommended pattern for specific product and slope Where one roll of matting ends and a second roll begins, install matting end - over -end with approximately 6 inches of overlap Stake through overlapped area Install stakes across the matting at ends, functions, and trenches approximately 13 feet apart Basis of Payment Payment for installation of matting will be paid for as outlined This payment shall be considered full compensation for all labor, equipment, furnishing materials, hauling, stockpiling, rehandling, sorting, fitting, materials, and incidentals necessary to install matting Payment °will be made under Matting _ Plantings LINEAR FOOT Description Plantings shall be specified in each contract as to type e g , container, bare root, and live staking Plantings from containers shall be from one gallon containers and can be planted throughout the year. Live staking and bare root planting shall occur during plant dormancy Bare root seedlings shall be 6 to 12 inches tall Below is a list of woody vegetation species to be planted on stream banks and floodplams Scientific Name Common Name Percent of plantings Spacing feet Container & Bare Root S ecies: Alnus serrulata Tag Alder 20% 3 Cal canthus floridus Sweetshrub 10% 3 Clethra acuminata Cinnamon Bark Clethra _ 10% 4 Hamamelis vir iniana, Witch Hazel 10% 4 Hypericurn densiflorum Bushy St Johns 10% _ 4 Itea vir inica 10% 4 Xanthorhiza sim licissima Yellowroot 10% 25 Platanus occidentalis _ Sycamore 20% 6 Live Stake Species: Cornus ammonum silky dogwood 10 3 Salix ni ra black willow 20 3 Salix sericea silky willow 20 3 Salix humilis prairie willow 10 3 Sambucus canadensis common elderberry 30 3 - Ph socar us o ulifolius ninebark 10 3 Materials All materials shall meet the approval of the Designer — - - -- — -- - -- -�10 1 Page - Tributary to South Toe River Stream Restoration Project Basis of Payment Payment for installation of plantings will be paid for as outlined This payment shall be considered full compensation for all labor, equipment, furnishing materials, hauling, rehandling, sorting, materials, and incidentals necessary to plant Payment will' be made under Plantings EACH - - - - - -_ - - -11 Page Tributary,to South Toe River Stream Restoration Project