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Home My WebLink About20150352 Ver 1_401 Application_20150415%60-41-t�) United States Department of Agriculture Forest National Forests in 160A Zillicoa Street Service North Carolina P.O. Box 2750 Asheville, NC 28802 D NC DWR, 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Dear NC DWR, File Code: 2530 -3 Date: April 2, 2015 OWE APR 1 0 2015 This letter is to request Section 401 Water Quality Certification from the North Carolina Division of Water Quality for U.S. Forest Service project: Simpson Creek Stream Enhancement Project. Located on the Pisgah National Forest, Grandfather Ranger District in Burke County, North Carolina, this project is situated on Simpson Creek and its tributaries, in the Catawba River Basin. The Simpson Creek channel is largely stable with the exception of several short sections where the channel meanders through an old log landing into high banks, causing elevated levels of erosion. The purpose of this project is to restore the Simpson Creek channel and tributary channels to a properly functioning condition, reduce man -made sediment supplies, and improve riparian and aquatic habitat. This project consists of two locations; the larger of the two is the work proposed on Simpson Creek and its tributaries (Stream Stabilization & Enhancement Site) and a smaller site at a headcut (Headcut Site) in an ephemeral- flowing draw. Stream Stabilization & Enhancement Site: At this site are two road /stream crossings where the road fill material would be sloped back to a stable angle to restore contour of the original channel, as guided by up and downstream reaches. Additionally, seven sites on Simpson Creek would have floodplain access and bank stability restored. Large wood would be incorporated into the channel as log vanes and/or toe wood structures, per a Rosgen type design. Streambanks would be constructed with local vegetation transplants, and covered with coir matting and planted with native riparian -type vegetation. All disturbed soil would be seeded and mulched. Headcut Site: Install boulder and rip -rap at the base of the headcut, out into the scoured gully for approximately 8 feet, then cap rip -rap with the overhanging bank to construct a natural looking stream channel in the gully and lay back gully banks. Bare soil slopes would be seeded and covered with coir matting. 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 has not been submitted to NC Division of Land Quality since disturbed area is less than one acre. Enclosed are the following materials: • Five copies of the Pre - Construction Notice (version 1.3), application for 404 permit s ow Caring for the Land and Serving People Printed on Recycled Paper# (Nationwide Permit #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 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. Since ly, rady N. Dodd National Forests in North Carolina Forest Hydrologist o�ot WA a o > 2 0 1 5 0 3 5 2 office 0&::�' dnly'N 40s actioM no DWQ project -no. Form Version 13 Dec 10 2008 Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b Specify Nationwide Permit (NWP) number. 27 or General Permit (GP) number n/a 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e 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 Simpson Creek Stream Enhancement Project 2b County. Burke 2c Nearest municipality / town: Morganton, NC 2d Subdivision name USDA Forest Service, Grandfather Ranger District 2e NCDOT only, T I P or state project no. 3. Owner Information 3a Name(s) on Recorded Deed USDA Forest Service 3b Deed Book and Page No 3c Responsible Party (for LLC if Kristin Bail APR , O ':_ MW 3d Street address 160 Zillicoa Street, Suite A 3e City, state, zip- Asheville, NC 28801 FFFRp FSO� 3f Telephone no.- 828 - 257 -4269 ONG 3g Fax no.: 828 - 259 -0584 3h. Email address kmbail @fs fed us Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is- ®Agent ❑ Other, specify. 4b Name: Brady N Dodd 4c Business name (if applicable). USDA Forest Service, Hydrologist 4d Street address: 160 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 13 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no. (tax PIN or parcel ID): USDA Forest Service, National Forest in NC, Grandfather R D. lb Site coordinates (in decimal degrees) - if you can't get Latitude 35 876377° Longitude: -81 822591* these, dust include a very good vicinity map 1c Property size: 402,560 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc ) to Simpson Creek proposed project. 2b. Water Quality Classification of nearest receiving water Class C, WS -III, Trout 2c River basin- map is available at Catawba Basin http Hh2o enr state nc us /admen /maps/ Page 3 of 13 PCN Form — Version 1 3 December 10, 2008 Version 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application. Stream Stabilization & Enhancement Site This area has a history of timber harvest with a concentration of activity, including roads and a log landing, in the valley bottom. These activities appear to have relocated the channel to the far edge of the valley bottom and manipulated the floodplain elevation. Much of the area has since stabilized with the regrowth of forested conditions, and the Simpson Creek channel is largely stable with the exception of several short sections where the channel meanders into high banks, causing elevated levels of erosion (see photo) Two stream crossings of old roads are located in the area and road fill material is Headcut Site This site is located downslope from Forest Service Road (FSR) 210, where concentrated storm runoff (ephemeral flow) from the road has scoured a rnckpoint or headcut in the otherwise dry draw (see photo) The headcut is active during storm events and ephemeral flow carries sediments to the downstream perennial stream channel, and ultimately into Simpson Creek 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 -- 10,000 feet in the tributary and Simpson Creek stream channels within the project watershed 3d Explain the purpose of the proposed project, The purpose of this project is to restore the Simpson Creek channel and tributary channels to a properly functioning condition, reduce man-made sediment supplies, and improve riparian and aquatic habitat. Page 4 of 13 3e Describe the overall project in detail, including the type of equipment to be used This project consists of two locations; the larger of the two is the work proposed on Simpson Creek and its tributaries (Stream Stabilization & Enhancement Site) and a smaller site at the headcut (Headcut Site). Work would be accomplished with the use of a mid -sized tracked -hoe excavator. Stream Stabilization & Enhancement Site: At this site are two road/stream crossings where the road fill material would be sloped back to a stable angle to restore contour of the original channel, as guided by up and downstream reaches. Additionally, seven sites on Simpson Creek would have floodplain access and bank stability restored. Large wood would be incorporated into the channel as log vanes and/or toe wood structures, per a Rosgen type design. Streambanks would be constructed with local vegetation transplants, and covered with coir matting and planted with native riparian-type vegetation. All disturbed soil would be seeded and mulched. Headcut Site: Install boulder and rip -rap at the base of the headcut, out into the scoured gully for approximately 8 feet, then cap rip -rap with the overhanging bank to construct a natural looking stream channel in the gully and lay back gully banks. Bare soil slopes would be seeded and covered with coir matting. 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ® No El Unknown project (including all prior phases) in the 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 5 of 13 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 [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps [:1 No ❑DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps [__1 No El DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps El No El 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 stream banks to create stable banks and S1 ®P ❑ T floodplain, install in- stream Simpson Creek ® PER El INT ® Corps ®DWQ 14 390 structures & vegetation transplants on banks S2 ®P ❑ T Excavate road fill material from old Tributary to ® PER ® Corps 2 50 stream crossing Simpson Creek El INT ®DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Page 6 of 13 3h Total stream and tributary impacts 440 31 Comments. 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 Open water impact number — Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 0. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) 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 Page 7 of 13 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. 6d 6e. 6f 6g B =—Reason Buffer Zone 1 impact Zone 2 impact Per Stream name mitigation (square feet) (square feet) Te re uired� 131 ❑P ❑T El Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 61 Comments Page 8 of 13 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 temporarily increase turbidity and sediment deposition downstream of the site Potential adverse impacts would be avoided by minimizing excessive excavation, adhering to the State turbidity standard, and working in the dry when practical. Work is expected to be completed over a two week period, depending on weather b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A Minimize the area and degree of sod disturbance that reduces infiltration capacity and permeability, and destroys protective forest floor and ground cover B All hazardous materials will be stored outside of flood -prone areas and surrounded with sediment fence to reduce the risk of materials reaching the river C Work activities would not be scheduled on rainy days D Heavy Equipment Operation. 1. All equipment shall be cleaned before entering the project area and stream, so as to reduce the risk of fine grained sediment and oils and grease from entering the stream. This would also reduce the risk of invasive weed spread onto the Forest 2. Do not operate on wet sods when they are most susceptible to damage and erosion 3 Operate heavy equipment on slopes less than 12 percent so as to- reduce the risk -of sod erosion - Avoid operating heavy equipment on over - hanging stream banks 4 Move large woody debris 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 soil 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 Simpson Creek while the worts is being conducted to maintain acceptable turbidity levels Use a skilled heavy equipment operator, trained in stream restoration and construction of in- stream structures Instruct the operator to minimize disturbance to the streambed 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this ❑ Payment to in-lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity Page 9 of 13 PCN Form — Version 1 3 December 10, 2008 Version 3c Comments - 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. ❑ Yes 4b Stream mitigation requested: linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information ❑ Yes ® No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c. Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 10 of 13 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes El 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- El 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? Burke County ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply)- ® Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 11 of 13 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb 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 House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ❑ No letter ) Comments NEPA Decision Memo document is attached 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility No sewage disposal is necessary Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ 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? Information on TES and FC species and their habitat on the Nantahala and Pisgah National Forests were obtained from the North Carolina Wildlife Resources Commission (NCWRC), U.S. Fish and Wildlife Service ( USFWS), and North Carolina Natural Heritage Program (NCNHP) occurrence records. 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ 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? A cultural resource survey was completed and no significant sites are located in the project area. State Historic Preservation Office concurrence is filed in the project record but is not available for public review. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System http• / /floodmaps nc gov /FMIS/ Brady N. Dodd /j Z)2615 Applicant/Agent's Printed Name Date ppli Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 13 of 13 U�S Forest Service File Code: 2500 Route To: (2500) National Forests in North Carolina Subject: Delegation of Authority To: Brady Dodd 160 Zillicoa St, Ste. A Asheville, NC 28801 -1082 828 - 257 -4200 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. BAIL visor USDA 940 America's Working Forests - Caring Every Day in Every Way Printed on Recycled Paper L f� Forest National Forests in North Carolina 109 E Lawing Dr Service Pisgah National Forest Nebo, NC 28761 -9827 Grandfather Ranger District 828 - 652 -2144 File Code: 1950 Route To: Date: June 25, 2014 Subject: Simpson Creek Watershed Improvements Decision Memo To: Interested Parties DECISION MEMO SIMPSON CREEK WATERSHED IMPROVEMENT U.S. FOREST SERVICE GRANDFATHER RANGER DISTRICT BURKE COUNTY, NORTH CAROLINA APR 110 2015 BACKGROUND The Simpson Creek Watershed Improvement project was developed to provide aquatic organism passage and reduce erosion and sedimentation. DECISION I have decided to implement the Simpson Creek Watershed Improvement Project. The project consists of the following actions: 1) Aquatic Organism Passage (AOP) Project Proposal on Simpson Creek: Replace existing pipe with a structure providing a natural bottom & AOP. 2) Simpson Creek Bank Stabilization and Habitat Improvement: a. Stabilize stream banks and improve aquatic habitat on approximately 150 feet of Simpson Creek above the AOP crossing using trees and vegetation transplants from the surrounding area. b. Remove and old road crossing of a tributary to Simpson Creek. 3) Tributary to Simpson Creek Bank Stabilization: Construct a stable stream channel in this section, thus reducing sedimentation to Simpson Creek. 4) Improve Stream Crossing on Tributary to Simpson Creek: Replace existing pipe with a properly sized pipe, designed to have a natural bottom, e.g., open bottom arch or a sunken round pipe. Such a pipe would provide for high flow passage & AOP. 5) Improve FSR210 Drainage and Stabilize Headcut: a. Increase the frequency of ditch relief culverts on FSR210 in the contributing road section America's Working Forests - Caring Every Day in Every Way Printed on Recycled Paper UP S b Using a small trackhoe, install rip -rap at the base of the headcut, out into the scouted gully for approximately 8 feet. Cap rip -rap with a more native looking stone. c. Use the overhanging bank to construct a natural looking stream channel in the gully and lay back bully banks. 6) On the entire —11 mile length of FSR 210 from the junction with SR1263 to FSR 496 increase ditch relief frequency by installing more road drainage features, like rolling dips and ditch relief pipes. All actions will follow road design BMP's. Project maps are attached at the end of this Decision Memo. This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as 36 CFR 220.6 (e)(18) - 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 tiles, 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 will restore Simpson Creek by reducing sedimentation and restoring natural flow and AOP. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species — There are no TES or Forest Concern species in the project area and there will be no affect to TES species or habitat. Flood plains, wetlands, or municipal watersheds — All BMP's will be followed during implementation; therefore there will be no significant effects to the streams or floodplains. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas — No congressionally designated areas are present. Inventoried roadless areas or potential wilderness areas — No roadless areas or potential wilderness areas are present. Research natural areas — No research natural areas are present. • American Indians and Alaska Native religious or cultural sites — A cultural resource survey was completed and no significant sites are located in the project area. State Historic Preservation Office concurrence is filed in the project record but is not available for public review. • Archaeological sites, or historic properties or areas — A cultural resource survey was completed and no significant sites are located in the project area. State Historic Preservation Office concurrence is filed in the project record but is not available for public review. 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 letter was mailed to interested parties and agencies on April 11, 2014. FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS This decision is consistent with applicable laws, policies, and regulations including: • National Forest Management Act (NFMA) and implementing regulations in 36 CFR 219, and 16 U.S.C. 1604 • National Environmental Policy Act of 1969 (NEPA) and Council on Environmental Quality (CEQ) implementing regulations under 40 CFR 1500 -1508 • National Historic Preservation Act (NHPA) and implementing regulations under 36 CFR 800 • Clean Water Act (Federal Water Pollution Control Act) together with implementing regulations under 40 CFR 130 • Endangered Species Act of 1973, as amended (P.L. 96 -159 1531 (D) (ESA) and implementing regulations pursuant to 50 CFR 402.06 and 40 CFR 1502.25 ADMINISTRATIVE REVIEW (APPEAL) OPPORTUNITIES This decision is not subject to administrative review and appeal. CONTACT For additional information concerning this decision, contact: Brady Dodd at the National Forests of North Carolina Supervisor's Office at 828 - 257 -4214. NICHOLAS LARSON Grandfather District Ranger {�£ T QF Tay P fii t s � a United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 May 2, 2014 Grandfather Ranger District Attn: Nicholas Larson U.S. Forest Service 109 E. Lawing Drive Nebo, North Carolina 28761 Dear Mr. Larson: Subject: Proposed Simpson Creek Stream Improvement Project, Grandfather Ranger District, Pisgah National Forest, Burke County, North Carolina We received your letter of April 11, 2014 (received April 14, 2014) requesting our comments on the subject project. The following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). We have no objections to the proposed activities and we are pleased to see and supportive of the proposed stream restoration activities. Because much of the project area is unlikely to have yet been surveyed for rare species, it is possible that the project area harbors federal or state - listed species. Attached is a complete list of the federally listed endangered and threatened species, candidate species, and federal species of concern known from Burke County. In accordance with section 7 (a)(2) of the Endangered Species Act and 50 CFR Part 402.0i, before any federal authorization/permits or funding can be issued for this project, it is the responsibility of the appropriate federal regulatory /permitting and/or funding agency(ies) to determine whether the project may affect any federally endangered or threatened species (listed species) or designated critical habitat. If it is determined that this project may affect any listed species or designated critical habitat, you must initiate section 7 consultation with this office. Please note that federal species of concern are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them. We recommend that the presence or absence of these species in the project impact area be addressed in any biological assessment or other environmental document prepared for this project. We appreciate the opportunity to provide these comments and request that you continue to keep us informed as to the progress of the project. If we can be of assistance or if you have any questions, please contact Mr. Allen Ratzlaff of our staff at 828/258 -3939, Ext. 229. In any future correspondence concerning this project, please reference our Log Number 4 -2 -14 -192. cc: North Carolina Wildlife Resources Commission, Attention: Doug Besler, 645 Fish Hatchery Road, Marion, NC 28752 2 rd f1k: Y xer 0 N S30bnp a3ttfM 2i to L"L`� 4 pson Creek Stream Enhancement Project - Project Area `1 r, J i Headcut Location: 35.874784'.-81.826568' Stream Stabilization & Enhancer '` Location: 35.876377', - 81.822591 0 Goo(�Ic earth All Simpson Creek Bank Stabilization r t T z and Enhancement: - J ` Current Condition: Above the FSRzio crossing there is evidence of f -r �,, n�9 j �;�' ,: r,, ,• disturbance of the floodplain and surrounding area. An old road 44{ crossings of a tributary stream is - - ""%'1! '`�� . 1 �- �, =``" currently unstable and Simpson Creek ' i „; ,` �. , ° is eroding unstable banks. i;a # Proposal: Stabilize stream banks and improve aquatic habitat on -150 feet of Simpson Creek and its tributary above the AOP crossing using trees and ry iq vegetation transplants from the �.r surrounding area. --, Remove an old road crossing of a tributary to Simpson Creek. E -_4 Simpson Creek -Togo Surf V, �o• `!A ' , ow ,mw, alt //`�•�'.> . . . .. . .. . .. . MArcHuNE STA ;7-r ---- --- — ----- - Plan View - CURRENT CONDITION -floo, X -N j� 27.2015 Simpson Creek -Togo Survey, Plan View - PROPOSED `__X_7Tl 'MN (See the larger Plan View for more detail) vs 1141 6K ............... ......... xq Mh+e March 27, 2015 ....................... . FOWL-MEA EFCDED 8� —AREW Ci DPAII�%. -MA-T0 M-IME - STA. 4; Mh+e March 27, 2015 ....................... . FOWL-MEA EFCDED 8� —AREW Ci DPAII�%. r 77" JI Tributary to Simpson Creek Bank -1. Stabilization: ^i Current Condition: As a result of past activity in this flat area, a disturbed tributary to Simpson Creek (above the FSRZio crossing) is experiencing erosion of stream banks in a -50 feet long section r - of channel. Proposal: Construct a stable stream channel in this section, thus reducing sedimentation to Simpson Creek. r o Its" Z, f � 1 Vii{ � •� r,� �L""J Construction of TOE WOOD (with Transplants) & Bankfull Bench TVpicaI Structure will he corlebuetad ueingMNldhnsd NydrR1ory1011 dal jn Teoace 0 -1- - _aw�nee.� __ ._ .._ a-- �r EXCAVATED 111j `y�y 9ANR i l� .Y�i MATERIAL ' i I CONMLICTIONTTEMS A*!rJ SEQUENCE. .. Excavate upper bank m construes nmrimnmn ., slope Niom banWuE no t—aceelesation- D -V streemflaw from bank ). Excavate � construct We wood bench And new•channel pool feature based on refermce pool dmneruians. 4 Place foundation bm on bench B y-s Ie angk from bank and place root wad lop carltkn<red over foundation logs y. Place filler material (e 5, trees. Imp, tops (woody debrief parallel to root wads r 6, add temporary counter weight msubmerge loo apiece sheBow• bac Will on logs. r -. Reroose temporary• weight R place tine stake cuttings on tx r wood. and place badrfill over curWW, _ 8. Place coir matting back m the bank leasing remaining mattims -- hanging avz the front of the toe wood to be pulled up mar the transplants ;,W They bales m • 'Burrito'. o. Excavate shrub tramplarm (e g., alder, spicebush, willow) ®d CONSTRUCTED TOE place on toe wood up to benkfull elmabon, these may need to be WOOD BENCH layered to reach benldull elevation. Place tine stake cutnnp b,hs ley —fnvbm mailableI FOUNDATION LOG to. Seed bank aithnathe seed a: coat transplants and sloped bank with can erosion control matting. u. Plant live stakes into transplarits they bales and bank to help •pun' sod mm bank u. PI am trees and shrubs on upper bank UPPER BANK I UVE STAKES ,. .... .... ............... _.._ . »....«........ ».._......__.... �rAIN TPANSPLAM ISOIL/NAY BAILS @ KgFl1 1_ &Sd!I?!NGS__________!?aP!! step ME WOOD - _ CONSTRUCTED CN/WNEL BOTTOM 1/8 TO 1/4 OF END OF LOGS BURIED M STREAM BED WITH PLAN VIEW BOULDERS ON TOP T — Cl BED ELEVATION MATERIAL FROM POOL USED TO CON RUC S INNER BERM A X-SECTION —VIEW LOWFT_OW ELEVATION LOGS conatmcted pool ^Y' CONSTRUCTED POOL - MAX. DEPTH ® -% WeF DOWNSTREAM FROM INVERT 1n W, to Wv Bankfull elevation E 11g5'�PLACEO RIVER ROCK NONWOVEN GEOTEXTILE FABRIC TOPS OF TREES BURIED UNDER RIVER ROCKIFABRIC (OPTIONAL( Lop Vane Detail 2:T SLOPE TO MATERIAL FROM POOL USED TO �— CONSTRUCT INNER BERM �P m TOPS OF TREES •C— BURIED UNDER RIVER ROCK/FABRIC (OPTIONAL) LOGS PLACED AT A 200 ANGLE FROM BANKAND AT A2 -4 %SLOPE FROM X BMNKFULL ELEVATION SILL LOG BURIED IN SAW -10' Brady Deno NFNC "l Improve FSRzio Drainage & Stabilize Headcut: Current Condition: Storm runoff from a section �-. of FSR aio scoured a headcut in ephemeral tributary to Simpson Creek. V Proposal: 1. Increase the frequency of ditch relief culverts on FSRzio in the contributing road section. i a. Using a small trackhoe install rip -rap at the base of the headcut, out into the scoured gully -8 feet. Cap rip -rap with a more native looking stone. •,> "` ° -� - 3. Use the overhanging bank to construct a natural looking stream channel in the gully and lay back gully banks. 1 L �- - w'^ * 4� r S=MPSoN CREEK STREAM ENHANCEMENT 2-of5 'PACE E I o F Z •� Vi E`( •m 1 `' ° " RE3LoPE 3A N K '�� --� Roors" �A(N -BENCH op, To£ WooD cn / Z SLOPE P01 NT BAR TRIBUTARY TO SIMPSON CREF_K CONSTRVcTED y TUC - A � S RE w w ; A V QLL LL LL / O a / -=� •� O 4 ,90 ' o CA- DITCH I •� 0 SITE I 0 +5 E.O W. UNDER'' ...,..-POSSIBLE n'1`�,•/ `/ SPRING / ERODED BANK , �# / PICT RE 5 •`WJ ; \O BENCH HEAVILY ERODED BANK PICTURE 6 PICTURE 7 PICTURE 8 PICTURE 9 PICTURE 10 -- .� ROCK/SAND BAP PICTURE 6 lI TEMPORARY BENS C� ARK 60D NAIL IN _BASE OF 33' RED OAK N: 10,235.5' E: 9,805.8' Z: 506.3' "DATUM'S ASSUMED' PICTURE 12 PICTIIRE 13 APPARENT/ SECONDARY THAI- w/E(., #A, /•, 0 °C G./ , SITE` #3 !1 ' I i , 1 CROSS - SECTION 2 +44 ( #6)_--- -_� -_� ERODED BANK CRO S. SECTION 3 +0g ( #5) BENC ` I /E.O.W. UNDER ERODED B.ANI- PI(:'T! JRE 5 S ZTE #z SIMPS()t•I ( -REFI< IN -S rREAM -BOULDERS PICTURE 14 I''K'TI IRF 15 ! r' ROSS-SECTION 24 44 ( #6) ' I ' 1 1 I I j I` 44r` I ` I ' I ) j� , f I / bAn MATCHLINE - STA. 3 +44 SIAAP.3011 ;. �'__ -- ►:ROSS .gECTfO(`d 3.105 ( S) Sirc # Lf i / StmPSom Cf2c---EI, STQCA�A F-MARNCCMENr • 2o15 / -PA�C '2 OF 2 / DNS` / rb / x1G� BENCH �P /� •.\ / SIMPSON CREEK BENCH SITE 45 x/ i ( Coy/ 0o M. i1 = BENCH'' SIT # E.O.W. UNDER ERODED BANK �• '� -1ool'y PICTURE 3 VISI APPROXIMATE I: , / BLE HIGH WATER MARK 494'± DEFINE PRESE X i SLOPE ICTUF °i WCLS TP #1 - 3/4' REBAR W/ ALUMINUM CAP UQO/ N: 1 ,000.00' E: 10,000.00' ' Z: 500.00' 'DATUM'S ASSUMED' PICTURE 16 ss , Q. oo/ err'-•.'..•.•. �. �.•'.•.: ' : : :•� ::� ::•:.7 :'• ::�:�,:, ?�.�„ � � / / ..........:...:...:...•••! c:: 4/::::.'.':':::';:: ''•': :'•':. : :'•':'•'•''.: :'•':. INV. 490.83' 1 Fil Ap I /:'•'. .::I'.':•:''.''•.::'•'••j / QCs E.O.W. UNDER �. /4. .. .. .. •.'1 �� ERODED BANK � INV.:489.06' R/pR9p � `:.�\.':~ ^.'�•.,..T,�:.;..' .:.. ..........•\�'�1�\ � PICTURE 1 PERCH 11.23' = 1. �,'•::�.'•:::�::�:::'•':'•'•::' \ �++., 'k- POOL :''.�: Ste'•. 1 APPARENT //i Cq - \ �;:::.''.'...:::'.•..... t'.:::::::''•::' •:': , OS` \. \ \ . `;. '...;,::' 8s [:.:::,'•a'• }'•1::::,'.::�:.:I BEDROCK �i / �/ / 'g, f:'' :'. :;''• �' �' / • . /�' SFC O�� ;�.': :.:1 : ?•y; :.�.. (GAG CAL DRAINAGE / BENCH q t': ::.:';:''•:..i CROSSS CrloNB APPARENT\ SECONDARY \ `:�'•.'.': THALWEG • \`, �...� I CROSS_ FCrnNRi p -�- -� I Z 8 601 r, 3 I / 1 �o SIMPSON CREEK • R7