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HomeMy WebLinkAbout20150712 Ver 1_401 Application_20150715o� Unitel States a 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: July 15, 2015 L� n JUL 2 U 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: Little Buck Creek Dam Decommissioning and Stream Improvements Proiect. Located on the Nantahala National Forest, Tusquitee Ranger District in Clay County, North Carolina, this project is situated on Little Buck Creek and Buck Creek, in the Little Tennessee River Basin. The following three sites are proposed for rehabilitation and stabilization: Site A: The Forest Service is proposing to remove the earthen dam structure and restore natural drainage patterns and eliminate a high hazard dam. Recent inspections show indications of structural and seepage problems with the dam. This project is located just upstream from two road crossings which may be affected in the event of a dam failure. Approximately 500 feet of stream restoration would be required from the dam to the inlet of the existing reservoir. Additionally, restoration of the stream channel at the pond site would reconnect approximately 0.2 mile of streams by eliminating an aquatic organism passage barrier. Site B: Removal of the log check dam in Little Buck Creek and reconstruction of the stream bank would stabilize the stream channel and restore it to a natural condition. Site C: Installation a boulder vane structure in lower Buck Creek would direct stream flow away from the eroding stream bank adjacent to the Forest Service Road and prevent further erosion. This project would improve water temperatures within the Buck Creek watershed and provide improved habitat conditions for the native aquatic species within the watershed by restoring the stream water temperatures and aquatic passage, and increasing stream habitat complexity. 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 will be submitted to NC Division of Land Quality since disturbed area is greater than one acre. Enclosed are the following materials: Five copies of the Pre - Construction Notice (version 1.3), application for 404 permit (Nationwide Permit #27), with the Letter of Delegation of Authority Five copies of the vicinity map and site plans for the project Caring for the Land and Serving People Printed on Recycled Paper • 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. Sincerel , Brady'NV: odd National Forests in North Carolina Forest Hydrologist 1 U of wArF9 �LI II III I� LL.�j a o T� 1,®,, o A. Applicant Information I1. Processing 20150712 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form 1 a. 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? I ❑ Yes 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 For the record only for DWQ 401 because written approval is not required? Certification: ❑ 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. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. /1 For the record only for Corps Permit: ❑ Yes ® No ❑ Yes ® No ❑ Yes 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 2. Project Information A ►lam 2a. Name of project: Little Buck Creek Dam Decommissioning and Stream Improvements Project 2b. County: Clay 2c. Nearest municipality / town: Hayesville, NC 2d. Subdivision name: USDA Forest Service, Tusquitee 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 applicable): 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 l� JUL 2 0 2gt .0 1 � � DENR - WATER RESOURCES 401 8 8UFFFR Pc,_..:::y: Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: 0 Agent ❑ Other, specify: 4b. Name: Brady 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: bdodde- 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 14 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): - if you can't get these, just include a very good vicinity map 1c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: map is available at http: / /h2o.enr.state.nc.us /admin /maps/ USDA Forest Service, National Forest in NC, Tusquitee R.D. Latitude: 35.0604 Longitude: - 83.5721 755,200 acres Little Buck Creek, Buck Creek C; Tr; ORW Little Tennessee River Basin Page 3of14 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: Site A: The earthen dam is located on National Forest System lands in Clay County, North Carolina, approximately 9 miles northeast of the town of Hayesville, NC. This action will restore natural drainage patterns in the Little Buck Creek drainage; a state identified Outstanding Resource Water. The existing pond was created by the previous land owners for private use. The earthen dam impounded approximately 0.6 acre of Little Buck Creek in its headwaters. Site B: An existing log check dam within Little Buck Creek has caused severe stream bank erosion and channel widening. The log was installed at an elevation that is too high; therefore, it causes the stream channel to be too wide and shallow. The site is located adjacent to a dispersed camp site and immediately downstream of Forest Service Road 71. Site C: A section of Forest Service Road 350A is located in close proximity to Buck Creek. Due to steep terrain adjacent to the road, the road cannot be relocated away from the stream. Stream bank erosion is occurring at this site and is threatening the existing road which also serves as the primary access for private landowners downstream of the location. 3b. List the total estimated acreage of all existing wetlands on the property: —0.4 acre of wetlands. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Site A —500 feet in the Little Buck Creek drainage. Site B —50 feet in the Little Buck Creek drainage Site C —50 feet in Buck Creek 3d. Explain the purpose of the proposed project: Site A: The Forest Service is proposing to remove the earthen dam structure and restore natural drainage patterns and eliminate a high hazard dam. Recent inspections show indications of structural and seepage problems with the dam (see photos). This project is located just upstream from two road crossings which may be affected in the event of a dam failure. Approximately 500 feet of stream restoration would be required from the dam to the inlet of the existing reservoir. Additionally, restoration of the stream channel at the pond site would reconnect approximately 0.2 mile of streams by eliminating an aquatic organism passage barrier. Site B: Removal of the log check dam in Little Buck Creek and reconstruction of the stream bank would stabilize the stream channel and restore it to a natural condition. Site C: Installation of a boulder vane structure in lower Buck Creek would direct stream flow away from the eroding stream bank adjacent to the Forest Service Road and prevent further erosion. This project would improve water temperatures within the Buck Creek watershed and provide improved habitat conditions for the native aquatic species within the watershed by restoring the stream water temperatures and aquatic passage, and increasing stream habitat complexity. Page 4 of 14 3e. Describe the overall project in detail, including the type of equipment to be used: SITE A: Temporary gravity pumps will be utilized in conjunction with supplemental pumping systems to drain the pond. Heavy equipment, such as trackhoes will be utilized to excavate the earthen berm. The existing discharge flume, culverts, and related hardware will be removed. As needed, heavy equipment will be utilized to restore natural contours (dimension, pattern and profile) of the Little Buck Creek stream channel affected by the pond. Waste material will be removed from the site and native vegetation will be reestablished. Best management practices to prevent nonpoint- source water pollution will be utilized to protect water quality throughout the duration of the project. Approximately 500 feet of stream restoration would be required from the dam site to the inlet of the existing pond to remove sediments and reestablish a stream environment. Natural channel design concepts would be implemented to design channel dimension, pattern and profile using reference reach data from the up and down stream reach. The following stream work is proposed: 1. The earthen dam fill material would be removed (estimated 1,533 cubic yards of material) and deposited and stabilized (graded, seeded and mulched) on adjacent areas including old roads. 2. Reservoir sediment deposits that restrict construction of the designed channel would be removed to adjacent areas and stabilized (estimated depth of 1 foot of material). 3. Construct a channel with dimension, pattern, and profile to fit the site as defined by existing bedrock and boulders, and the reference reach located up and down stream. 4. Incorporated into the channel design would be structures that mimic the natural involvement of trees and boulders into the aquatic system. These structures could include J -hook vanes, vanes, root wads, toe -wood, and woody debris placement that would promote wetland habitat. 5. Constructed stream banks would be covered with native seed and Coir matting, and planted with live stakes and potted plants. The remaining disturbed soil would be seeded and mulched and planted with potted plants. Site B: One existing log check dam within Little Buck Creek would be removed to restore the natural width/depth ratio and to protect the stream banks. A new stream bank would be constructed and revegetated. Site C: One boulder vane would be installed within Buck Creek adjacent to FS Road 350A using a trackhoe. This structure will be placed at an elevation that will direct water away from the eroding stream bank and also create a downstream scour pool. 6. 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 of determination was made? Preliminary El Final 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. 7. Project History 5a. Have permits or certifications been requested or obtained for ( ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 5of14 B. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes ® No Page 6 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ®P ❑ T Drained to restore Reservoir created ® Yes ® Corps 0.2 natural condition wetland ❑ No ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ PEI T El Yes El Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.2 2h. Comments: The reservoir created wetland will be maintained as much as possible, but the extent will not be known until the pond is drained. 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- stream structures ® PER ® Corps S1 ®P ❑ T & install Little Buck Creek ❑ INT ® DWQ 4 500 vegetation transplants on banks Remove log check S2 ® P ❑ T dam, construct new bank, Little Buck Creek ® PER ❑ INT ® Corps 6 ® DWQ 50 revegetate Install boulder ® PER ® Corps S3 ®P ❑ T vane, revegetate Buck Creek, lower ❑ INT ® DWQ 20 50 eroding bank S4 ®P ❑ T ® PER ® Corps ❑ INT ® DWQ S5 ®P ❑ T ® PER ® Corps ❑ INT ® DWQ Page 7 of 14 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: JI 5i. Expected pond surface area (acres): l 5j. Size of pond watershed (acres): 5k. Method of construction: J Page 8 of 14 3h. Total stream and tributary impacts I 600 3i. Comments: l 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) Drain /pump water & excavate 01 ®P ❑ T Little Buck Creek fine sediment from behind Reservoir 0.4 Pond reservoir. Restore stream channel. 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts I 0.4 4g. Comments: l 5. Pond or Lake Construction If pond or ake construction proposed, the i 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: l 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: JI 5i. Expected pond surface area (acres): l 5j. Size of pond watershed (acres): 5k. Method of construction: J Page 8 of 14 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. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number — Reason Permanent (P) or for Temporary (T) impact 61 ❑P FIT B2 ❑P ❑T B3 ❑P ❑T 6i. Comments: ❑ Neuse ❑ Tar - Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. 6f. 6g. Buffer Zone 1 impact Zone 2 impact Stream name mitigation (square feet) (square feet) required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Page 9 of 14 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 at the existing pond site would occur largely in the absence of streamflow since streamflow would be pumped around the excavation work. Still, 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. Potential adverse impacts would be avoided by minimizing excessive excavation and adhering to the State turbidity standard. Stream work is expected to be completed over a three week 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 soils 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 soil 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 soil, 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 soils as soon as possible to take advantage of the loose soil 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 soil within five days of ground disturbing activities to provide long -term erosion control. 3. Stabilize channel banks with a native seed mix as work is completed. G. Do not move sediment trap devices until the vegetation in the disturbed areas has been established. H. During on -going operations inspect the site frequently; inspect occasionally during inactive periods. 1. Check for potentially damaging or failing situations that may cause unacceptable water quality impacts. 2. Correct failing situations as soon as practical. I. Conduct visual inspections of streams 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 impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) ❑ Yes ® No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type I Quantity Page 10 of 14 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. I ❑ Yes 4b. Stream mitigation requested: I linear feet 4c. If using stream mitigation, stream temperature: I ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): I square feet 4e. Riparian wetland mitigation requested: I acres 4f. Non - riparian wetland mitigation requested: I acres 4g. Coastal (tidal) wetland mitigation requested: I 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 ❑ Yes ® No buffer mitigation? If yes. you will have to fill out this entire form — please contact the State for more information. 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Zone 2 3 (2 for Catawba) 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 11 of 14 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 El Yes ED 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. Comments: ❑Yes No ❑ 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? Clay 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 4a. Which of the following state - implemented stormwater management programs apply ❑ HQW ® 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 12 of 14 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ® No 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 13 of 14 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 El Yes ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ®Yes El No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A biological evaluation completed by the US Forest Service on February 3, 2015 determined that the project is not likely to adversely affect the northern long -eared bat and Indiana bat. Concurrence with these determinations of effect was made by the US Fish and Wildlife Service on May 20, 2014. There will be no impacts to any other proposed, endangered, or threatened species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ 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? An archeological review completed in March 2014 determined that the dam on Little Buck Creek is not eligible for listing under § 106 of the National Historic Preservation Act. The State Historic Preservation Office concurred with the Forest Service's determination on April 13, 2015. 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 r'1�1 � 7oiApplicant/Agent's Printed Name Aature pplicanlJAgent's Signature ate (Agent's sig va lid only if an authorization letter from the applicant is provided.) Page 14 of 14 U�S Forest Service File Code: 2500 Route To: (2500) National Forests in North Carolina Subject: Delegation of Authority To: Brady Dodd 160 Zitticoa St, Ste. A Asheville, NC 28801 -1082 828 - 2574200 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,eoe-� M. BAIL orest Supervisor USDA iO- America's Working Forests - Caring Every Day in Every Way Printed on Recycled Paper Little Buck Creek Dam Decommissioning and Stream Improvements Project Background The project consists of three separate sites (Figure 1) located on National Forest System lands, Tusquitee Ranger District, in Clay County, North Carolina, approximately 9 miles northeast of the town of Hayesville, NC. The goals and objectives of this project are to improve the health of the stream ecosystem by improving channel stability and habitat quality, along with improving riparian and streamside vegetation conditions. The desired condition is to have high quality riparian areas and aquatic habitat features that maintain hydrologic function, enhance stream stability, and minimize erosion. The proposed action is needed at this time, at these locations, because taking no action would lead to further erosion and sedimentation which, in turn, would cause further damage to aquatic habitat and the maintenance of designated uses. Site A: This action will restore natural drainage patterns in the Little Buck Creek drainage; a state identified Outstanding Resource Water. The existing pond was created by the previous land owners for private use. The earthen dam impounded approximately 0.6 acre of Little Buck Creek in its headwaters (Figure 2). a Legend - -- Road—Route Trail—Route — highways 0.2 0 7- i i„MI(A N' p. T 1 0 1ac4 Figure 1. Location of the Little Buck Creek Dam Decommissioning and Stream Improvements Project 1 I Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Figure Z Photo of existing dam of Little Buck Creep Site B: An existing log check dam within Little Buck Creek has caused severe stream bank erosion and channel widening. The log was installed at an elevation that is too high; therefore, it causes the stream channel to be too wide and shallow. The site is located adjacent to a dispersed camp site and immediately downstream of Forest Service Road 71. Site C: A section of Forest Service Road 350A is located in close proximity to Buck Creek. Due to steep terrain adjacent to the road, the road cannot be relocated away from the stream. Stream bank erosion is occurring at this site and is threatening the existing road which also serves as the primary access for private landowners downstream of the location. Proposed Action Site A: The Forest Service is proposing to remove the earthen dam structure and restore natural drainage patterns and eliminate a high hazard dam (Figures 3 & 4). Recent inspections show indications of structural and seepage problems with the dam. This project is located just upstream from two road crossings which may be affected in the event of a dam failure. Approximately 500 feet of stream restoration would be required from the dam to the inlet of the 21Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 existing reservoir. Additionally, restoration of the stream channel at the pond site would reconnect approximately 0.2 mile of streams by eliminating an aquatic organism passage barrier. Figure 3. Little Buck Creek dam, project Site A, proposed excavation and fill locations. 3 1 P a g c Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Figure 4. Little Buck Creek dam, project Site A, proposed stream rehabilitation. Temporary gravity pumps will be utilized in conjunction with supplemental pumping systems to drain the pond. Heavy equipment, such as trackhoes and bulldozers will be utilized to excavate the earthen berm. The existing discharge flume, culverts, and related hardware will be removed. As needed, heavy equipment will be utilized to restore natural contours (dimension, pattern and profile) of the Little Buck Creek stream channel affected by the pond. Waste material will be removed from the site, deposited in the nearby road cut and forest area (Figure 3) and native vegetation will be reestablished. Best management practices to prevent nonpoint- source water pollution will be utilized to protect water quality throughout the duration of the project. Approximately 500 feet of stream restoration would be required from the dam site to the inlet of the existing pond to remove sediments and reestablish a stream environment (Figure 4). Natural channel design concepts would be implemented to design channel dimension, pattern and profile using reference reach data from the up and down stream reach. The following stream work is proposed: 1. The earthen dam fill material would be removed (estimated 1,533 cubic yards of material) and deposited and stabilized (graded, seeded and mulched) on adjacent areas including old roads. 4 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 2. Reservoir sediment deposits that restrict construction of the designed channel would be removed to adjacent areas and stabilized (estimated depth of 1 foot of material). 3. Construct a channel with dimension, pattern, and profile to fit the site as defined by existing bedrock and boulders, and the reference reach located up and down stream. 4. Incorporated into the channel design would be structures that mimic the natural involvement of trees and boulders into the aquatic system. These structures could include J -hook vanes, vanes, root wads, and toe -wood. 5. Constructed stream banks would be covered with native seed and Coir matting, and planted with live stakes and potted plants. The remaining disturbed soil would be seeded and mulched and planted with potted plants. Site B: One existing log check dam within Little Buck Creek would be removed to restore the natural width/depth ratio and to protect the stream banks. A new stream bank would be constructed and revegetated. Site C: One boulder vane would be installed within Buck Creek adjacent to FS Road 350A using a trackhoe. Installation a boulder vane structure in lower Buck Creek would direct stream flow away from the eroding stream bank adjacent to the Forest Service Road and prevent further erosion. This project would improve water temperatures within the Buck Creek watershed and provide improved habitat conditions for the native aquatic species within the watershed by restoring the stream water temperatures and aquatic passage, and increasing stream habitat complexity. 5 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Appendix A - STREAM RESTORATION SPECIFICATIONS EQUIPMENT AND OPERATOR SPECIFICATIONS 1. 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. 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. 3. 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. 4. Environmental Considerations - Earth moving equipment will cross and operate in the stream flow only when necessary and only when directed to do so by the construction inspector. Equipment shall be new or of low hours and be maintained to prevent fuel, oil and 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. 5. 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. 6. Equipment Specifications Hydraulic Excavator: Track mounted, hydraulic powered. Excavator: a. Min weight — 30,000 Ibs b. Min. Reach — 22 feet c. Min Digging Depth — 20 feet d. Min Bucket size —1.0 Cu Yd. e. Min 115 HP f. 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). 6 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Dump — Track Truck: Track mounted • Min. weight — 8,000 Ibs • Min. carrying capacity— 7,000 Ibs (Unit price bid should be for one truck for one hour of running time). IN- STREAM STRUCTURES SPECIFICATIONS Structure Stone Description The work covered by this section consists of furnishing, stockpiling, placing and maintaining approved stone to be utilized to construct rock and log vanes, root wad structures, the step -pool structures, stream crossings, sediment and erosion control measures for use in locations as directed by the Designer. The quantity of stone 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 Stone for Coarse Aggregate, No. 57 Stone, "Rip Rap -Class B ", and "Boulder" shall consist of blasted stone or other stone approved by the Designer. The stone shall be sound, tough, dense, resistant to the action of air and water, and suitable in all other respects for the purpose intended. All stone shall meet the approval of the Designer. While no specific gradation is required, the various sizes of the stone shall be equally distributed within the required size range. The size of an individual stone particle will be determined by measuring its long dimension. Acceptance Criteria for Stone CLASS REQUIRED STONE SIZES (INCHES) Minimum Average Maximum Boulder 20 36 42 36" x 20" x 12" No more than 5 percent of the material furnished can be less than the minimum size specified, more than 10 percent of the material can exceed the maximum size specified. Boulders shall be relatively flat on either side in the same dimension, preferably the long dimension. Construction The Contractor shall place stone, in locations shown on the construction plans to the thickness, widths, and lengths as shown on the construction plans or directed by the Designer. All stone shall be placed neatly and uniformly with an even surface to form an in- stream structure or a sediment and erosion control device or in accordance with the construction plans and special provisions, and shall meet the approval of the Designer. Method of Measurement 7 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 The quantity of stone required to construct the structures or sediment and erosion control measures detailed in these special provisions will be incidental to those bid items. However, field conditions may warrant the need for additional stone greater than the quantity specified or detailed for each bid item. The quantity of stone that has been incorporated into the project, as directed or approved by the Designer, which exceeds 110% of the quantity required for each bid item will be measured by weight. Measured by weight will require the quantity to be weighed in trucks on certified platform scales. Stone that was previously stockpiled for other bid items will not be measured a second time for this provision. Basis of Payment When field conditions dictate the need for additional quantity greater than 10% of the bid item, the quantity of stone measured as provided above, will be paid for at the contract unit price per ton for "Misc. Coarse Aggregate, No. 57 Stone ", "Misc. Rip Rap -Class B ", and "Misc. Boulder ". Such price and payment will be full compensation for all work covered by this section, including but not limited to furnishing, weighing, stockpiling, re- handling, placing, and maintaining the stone and disposal of any materials not incorporated into the project if directed by the Designer. Payment will be made under: Misc. Boulder ............................................................... ............................... ............................TON Log Vanes Description These 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 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. The beaver dam simulation -cross vane is designed to back up water to create a wetland feature. 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 81Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 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 ............................. ............................... .........................SQUARE YARD 9 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 116 TO 114 OF END OF - - ° L uBEO ICI i Log Vane Detail BOULDER ON TOP AT BED ELEVATION AS NEEDED a m Am LOGS PLACED AT A20 - 300 o A ANGLE FROM BANK AND AT A - - 6% SLOPE FROM APPROX. %BANKFULL ELEVATION. EXTENDING FROM BANK TO % TO 1/3 OF CHANNEL WIDTH Constructed pool {� Q�r NONWOVEN GEOTEXTILE FABRIC Banldull elsvMion �}- PLACED RIVER n ROCK LOGS TOPS OF TREES BURIED UNDER Construcled FABRIC & RIVER _9ool ROCK 9 1 P a g e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Example of constructed Log vane Structure at Boone Fork, Grandfather RD 1/8 TO 114 OF ENI BURIED IN STRE USE BOULDERS BED ELEVATION APPROPRIATE VEGETATION TRANSPLANTS F THESE LOCATIOI ;ROSS- SECTION: INAK�MA� C.�er�-^ne Ylll{ is Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Cross Vane Detail GS PLACED AT A 20 — ) ANGLE FROM BANK AT A 2 — 6% SLOPE DM APPROX. % VKFULL ELEVATION, (ENDING FROM BANK Y2 TO 113 OF ANNEL WIDTH SILL LOGS 101Page Cross Valley Debris - Beaver Dam Simulator Description This feature is constructed to mimic a beaver dam to maintain existing reservoir- wetland characteristics when a dam is removed. 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. Seed, mulch, coir matting, and riparian plantings (live stakes, potted material, etc.) shall be provided and installed by the contractor. Installation The basic concept is to place logs perpendicular to the valley bottom slightly arched upstream in the center. Logs should be placed so they touch the ground as much as possible and smaller logs, branches and woody debris placed on the upstream side, and Coir matting placed over that. Coir matting shall be staked into the ground to hold it in place and additional small woody debris placed over it. Where the ground is too wet to allow heavy equipment logs can be pushed into the area from the drier side slopes using equipment and smaller woody material can be brought in by hand. On average the surface should be flat across the valley however the pour - point(s) should be located to conned to the downstream channel as much as possible. Downstream grade control might be needed to ensure channel stability. Therefore, consider adding structures such as log- vanes, woody riffles, and boulder placement downstream of this feature. PURPOSE: This feature is constructed to mimics beaver dam to maintain existing reservoir - wetland characteristics when a dam is removed. INSTALLATION: The basic concept is to place logs perpendicula r to the valley bottom sl ightly arched upstream in the center. Logs should be placed so they touch the ground as much as possible and smaller logs, branches and woody debris pI aced onthe upstream side, and Coir matting placed over that. Coir matting shall be staked into the ground to hold it in place and additional sma II woody debris placed over it. Where the ground is too wet to allow heavyequipment logs can be pushed into the area from the driers ide slopes using equipment and smeller woody materiel can be brought in by hand. On average the surface should be flat across the valley however the pour- point(s) should be located to connect to the downstream channel as much as possible. Downstream grade control might be needed to ensure channel stability. Therefore, consider adding structures such as log- vanes, woody riffles, and boulder placement downstream of this feature. •- � :F:'A:r'.Y.` rw �.. �.F � i .. .}- t :'>' '- :i F'" ti'r }i i �.r { {. r..{ . }�ri �4: Mf q _`�c , �, .:�{{;i;�?�;is. {,?i> n}, ct�', r`,{: r� ",�:,,•ti{:{a {;rc;r; {jr {tY;c;', ..z r;; ;wriw�t;; %,.' _c ,. • {. S• o; venal structure 'Stream to [rol grade w ded Cross Valley Debris - Beaver Dam _R ' Simulator Typical •? g 2 }} 11 JPage Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 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 ............................................................................ ............................... ..........................HOURS Materials: CoirMatting ......................................................................................... ............................... SQUARE YARD RiparianPlantings ..................................................................... ............................... ...........................EACH 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. 121Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Construction of TOE WOOD (with Transplants) & Bankfull Bench Typical Structure mll be constructed using Wddland Hydrology 2012 design t hi n Pre- eonstruarn Channe. Bart. ,�... . ----.- .. - - -.. ._.__ ____ _____ ____._.._.., EXCAVATED .. Cross Section Il' \ ` co, BANK K MATERIAL f ky UPPER BANK 2-. 2 t.... ) _ � CO NMUCIlONitEMSAND SEQUENCE � LNESTAKES a. Excavate upper bank to constructa minimum 23 slope from i,. "r / e • (C BenkfuH banldato terrace elevation. ..................................... .......................... ........................ ! ;fg ... r. Divert streamtlovfrom bank , ;. Excavate &comtructtoewood benchandrim channelpool feature based an reference pool I + Place founde onIDVan bench ax5zs ° rd angle frombanka TRANSPLANTSISOILMAY BALES place root wad bgs caahlesered over famdation ktgs y PlacefiDer material (e.g., trees, logs, taps (woody debris) parallel to root wads. b. Add temporary counterweight to submerge IM & place shallow s' . • _ - _ BACKFILL A C.UIIU'1GS_ _ _ _ _ _L— Flow_ bacl9l an logs. - Stage 7. Remove temporary weight & place live stake cuttings an toe r Pre- eonstrudbn Channel Sotto - wood, and place backfM over cuttings. - _ - - - 8. Place caa matting back to the bank, leaving remainin matting hanging over the font of the toe wood in be pulled up over the TOE WOOD transplantsisoilthay bales m a'Surnin'. CONSTRUCTED c g. Excavate shrub transplants (eg., alder, spkebush, w•MJow•) and place ® me wood up m banldull elevation; these may need to be WOOD BENCH `. layered bankfdU Place lire cuttings to reach elevation. stake - r- CONSTRUCTED between layers (w•henavailable)- w. Seed bankw• ith native seed & cover transplants and sloped bank _ __ CHANNEL BOTTOM with cuor erosion control mating. n. Plant live steles into transplants 'hay bales and bank to help 'pm' sod into bank n. PI ant trees and shrubs on upper bank Brady Dodd NFNC Nydre Example of constructed Toe - wood /Bankfull Bench Structure at Bent Creek, Pisgah RD 131Pa -e Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 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 ............................................................................... ............................... ..........................HOURS Materials: CoirMatting .................................................................. ............................... .........................SQUARE YARD Seed............................................................................................. ............................... ...........................ACRE RiparianPlantings ....................................................................... ............................... ...........................EACH EROSION CONTROL SPECIFICATIONS Seed (Native) 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 soil in place. Below are native grass species to be sown and their seeding density of pure live seed. Community Type: Riparian Scientific Name Common Name Planting Density Elymus virginicus Virginia wild rye 22 Ibs /acre Festuca rubra Creeping red fescue 5 Ibs /acre Dichanthelium clandestinum Deertongue 2 Ibs /acre Aster sagittifolius Arrow Leaved Aster 2 Ibs /acre Rudbeckia hirta Black Eyed Susan 2 Ibs /acre Eupatorium fistulosom Joe Pye Weed 1 Ibs /acre Eupatorium perfoliatum Boneset 1 Ibs /acre Asclepias syriaca Common Milkweed 1 Ibs /acre Materials All materials 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.............................................................................................. ............................... ...........................ACRE Reslope Bank & Matting 141Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Materials All materials shall meet the approval of the Designer and include 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 dormant season, live stakes shall be planted in the matting from water's edge to just above bankfull. Species include silky dogwood (Cornus ammonum), black willow (Salix nigra), silky willow (Salix sericea), ninebark (Physocarpus opulifolius) and common elderberry (Sambucus 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 soil 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 soil 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, junctions, and trenches approximately 1.3 feet apart. See the figure below for the Erosion Control Matting Detail. 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....................................................................................... ............................... .........................SQUARE YARD 151Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Plantings 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 floodplains. Scientific Name Container & Bare Root Species: Alnus serrulata Calycanthus floridus Clethra acuminata Hamamelis virginiana Hypericum densiflorum Itea virginica Xanthorhiza simplicissima Platanus occidentalis Live Stake Species: Cornus ammonum Salix nigra Salix sericea Salix humilis Sambucus canadensis Physocarpus opulifolius Common Name Percent of plantings Spacing (feet) Tag Alder TOP OF SANK 3 EROSION CONTROL 10% BLANKET FROM BANKFVLL Cinnamon Bark Clethra TO I' ABOVE TOP OF BANK, ,- Witch Hazel COVERINO SEED 4 Bushy St. Johns 10% 4 760 ORAM COIR MATING —. VLONG FROM TOE OF BANK TO 2.5 WOODEN SANKFVLL ELEVATiON. 6 NW 1N STAKE COVERING SEED 3 TOP OF 3' 20 3 STAKES 20 3 prairie willow I OE 01 3 3' LONG v wn��w4.r 3 WOODEN 10 3 STAKE Plantings 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 floodplains. Scientific Name Container & Bare Root Species: Alnus serrulata Calycanthus floridus Clethra acuminata Hamamelis virginiana Hypericum densiflorum Itea virginica Xanthorhiza simplicissima Platanus occidentalis Live Stake Species: Cornus ammonum Salix nigra Salix sericea Salix humilis Sambucus canadensis Physocarpus opulifolius Common Name Percent of plantings Spacing (feet) Tag Alder 20% 3 Sweetshrub 10% 3 Cinnamon Bark Clethra 10% 4 Witch Hazel 10% 4 Bushy St. Johns 10% 4 10% 4 Yellowroot 10% 2.5 Sycamore 20% 6 silky dogwood 10 3 black willow 20 3 silky willow 20 3 prairie willow 10 3 common elderberry 30 3 ninebark 10 3 161Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Materials All materials shall meet the approval of the Designer. 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 Temporary Silt Fence Description Furnish material, construct, maintain, and remove temporary silt fence in locations shown on the plans or in locations that require surface drainage to be filtered. Materials Posts: Provide steel posts meeting the following requirements: • Minimum 5 feet (1.5 meters) long. • Minimum 1 3/8 inches (34.9 mm) wide measured parallel to the fence. • Minimum weight of 1.33 lb /ft of length. • Equipped with an anchor plate with minimum area of 14.0 square inches (9,032.1 square mm). • Have a means of retaining wire and fabric in the desired position without displacement. Woven Wire Fence: Provide woven wire fence meeting the following requirements: • Minimum 32 inches (812.8 mm) high. • Minimum 5 horizontal wires. • Vertical wires spaced 12 inches (304.8 mm) apart. • Minimum 10 gage top and bottom wires. • Minimum 12 %2 gage all other wires. Filter Fabric: Provide Type 3 engineering fabric, Class A or B meeting the requirements of Section 1056 of the NCDOT Specification book. Attachment Device: Provide an approved attachment device (e.g., plastic tie). Installation Install in locations as shown on the plans or as directed. Install wire and fabric as shown in the plans. Class B synthetic filter fabric may be used without the woven wire fence backing, subject to the following conditions: a maximum post spacing of 6 feet (1.8 m), fabric is approved by the Designer, and post spacing is inclined toward the runoff source, at an angle of not more than 20 degrees from vertical. 171Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 Install posts at a 10 feet (3.0 m) maximum spacing with wire support, with not more than 4 feet (1.2 m) of the post appearing above ground. Attach filter fabric to the wire fence on the upslope side of the post with wire or other acceptable methods. Overlap filter fabric a minimum of 18 inches (457.2 mm) at splice joints. Install fabric that is free of defects, rips, holes, flaws, deterioration, or damage. See figure below for detail. Basis of Payment Payment for installation of silt fence will be paid for as outlined. This payment shall be considered full compensation for all labor, equipment, furnishing materials, hauling, weighing, stockpiling, rehandling, sorting, fitting, materials, and incidentals necessary to construct the silt fence. Payment will be made under: SiltFence ..................................................................................... ............................... .........................LINEAR FEET TEMPORARY - - w°�' F.RMhOR 0=0 SEDIMENT/SILT FENCE CONSTRUCTION DETAIL 133 Ltl ILNIRR 1007 WTI PROJWrDNV Installation Step 1: Drive steel posts at least 12 in into ground and excavate a 4In. x Bin. trench uphill along the line of posts. Step 2: Attach wire fence to posts and extend the bottom of the fence 8in. into the excavated trench. Step 3: Attach the filter fabric to the wire fence and extend the bottom of the fabric Bin. Into the trench. Step 4: Backfill the trench and compact the sal firmly to anchorthe bottom of the sittfence so that runoff is forced to go through the fence and cannot go around it. r�r y. MT �+ FtlMD1NG NT. 133 LI ILINERR 100T F LLTER FAN RID ATTAC N ED STEEL P0ETo.NLONO BBDtl RELY TOIPerReW WITH PROJ WTI) No � SIDEOF POST RUNOFF I i 1t NA i I rTRENCN WfrN COWACTEN IMMILL ■mNCAao r.cigi TRENCH ■N TN NATIVE RI CRRII P.7 NNIC, HT. RINMT r NA,1, 6TORACE HT. - T F 1Y ON. r AITERIIATE DETAIL TRENON MTN GRAVEL NOTES: 1. INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT &REMOVE SEDIMENT WHEN NECESSARY. 2. REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE & CAN BE PERMANENTLY STABILIZED. 3. SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS To MAXIMIZE PONDING EFFICIENCY. 181Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 11 �! 1QWAXIBPACNIGIAWMVIR IE eN Pro IT FENCE C NNRX ISIMINGWrrNONT vms \NPPO RT FENCE �+ FtlMD1NG NT. 133 LI ILINERR 100T F LLTER FAN RID ATTAC N ED STEEL P0ETo.NLONO BBDtl RELY TOIPerReW WITH PROJ WTI) No � SIDEOF POST RUNOFF I i 1t NA i I rTRENCN WfrN COWACTEN IMMILL ■mNCAao r.cigi TRENCH ■N TN NATIVE RI CRRII P.7 NNIC, HT. RINMT r NA,1, 6TORACE HT. - T F 1Y ON. r AITERIIATE DETAIL TRENON MTN GRAVEL NOTES: 1. INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT &REMOVE SEDIMENT WHEN NECESSARY. 2. REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE & CAN BE PERMANENTLY STABILIZED. 3. SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS To MAXIMIZE PONDING EFFICIENCY. 181Page Little Buck Creek Dam Decommissioning and Stream Improvements Project 2015 M L_�s. United States Department of Agriculture Forest Service Decision Memo Buck Creek Watershed Improvement Project Tusquitee Ranger District, Nantahala National Forest Clay County, North Carolina For Additional Information Contact: Tusquitee Ranger District 123 Woodland Drive Murphy, North Carolina 28734 (828) 837 -5152 Decision I have decided to implement a watershed improvement project within the upper Buck Creek watershed on the Tusquitee Ranger District, Nantahala National Forest, Clay County, North Carolina. My decision will decommission an earthen dam on Little Buck Creek, restore fish passage at five road crossings, remove log -check dams which are causing stream bank erosion, and restore a stream bank at an old ford that is diverting streamflow around a natural waterfall barrier (this barrier is preventing invasion of brown trout into a Southern Appalachian brook trout population). Additional watershed improvements would include vegetating disturbed stream banks, maintenance of one - existing -k- dam, repairing-one road- glide; restoration-of- stream - channels- using-natural -charm -ei --- - - - - -- design techniques at the existing pond site and five fish passage improvement sites. Restoration of stream channels will include excavation and reshaping of stream banks at specific locations and installation of rock and/or log J -hook structures to stabilize stream banks. All disturbed soils will be stabilized to prevent erosion. This analysis includes effects determinations for Sites 3, 4, 7, 8, 10, 11, 13, 15, 16, 18, 19, 20, 22, and 23 (see the Appendix to this DM). All other sites identified on the map will be analyzed in a later document. Reasons for Categorical Exclusion of Project Decisions may be categorically excluded from documentation in an Environmental Impact Statement or Environmental Assessment when they are within one of the categories identified in the Code of Federal Regulations 36 CFR 220, and when there are no extraordinary circumstances related to the proposed action. This project is excluded under 36 CFR 220.6(e)(17) 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, 36 CFR 220.6 (e)(19): "Removing and /or relocating debris and sediment following disturbance events (such as floods, hurricanes, tornados, mechanical/engineering failures, etc.) to restore uplands, wetlands, or riparian systems to pre - disturbance conditions, to the extent practicable, such that site conditions will not impede or negatively alter natural processes"; and 36 CFR 220.6 (e)(20): "Activities that restore, rehabilitate, or stabilize lands occupied by roads and trails, excluding National Forest System roads and National Forest System trails to a more natural condition that may include removing, replacing, or modifying drainage structures and ditches, reestablishing vegetation, reshaping natural contours and slopes, reestablishing drainage -ways, or other activities that would restore site productivity and reduce environmental impacts. " a. Federally listed endangered or threatened species, designated critical habitat, species proposed for Federal listing or area proposed as critical habitat, and regionally sensitive (S) species: A biological evaluation completed on February 3, 2015 determined that the project is not likely to adversely affect the northern long -eared bat and Indiana bat. Concurrence with these determinations of effect was made by the US Fish and Wildlife Service on March 2, 2015. There will be no impacts to any other proposed, endangered, or threatened species. Implementation of the Buck Creek Watershed Improvement Project will have no impacts (1) to any regionally sensitive aquatic species because none occur within the treatment areas and because no off -site effects would occur to any aquatic resources; (2) to any regionally sensitive botanical species because none occur in the project area; and (3) to any regionally sensitive terrestrial wildlife species because none occur in the project area. b. Floodplains, wetlands, or municipal watersheds: Some project activities will occur in the floodplain and in riparian areas that were artificially converted to wetlands when the pond across Little Buck Creek was established. Project activities in the floodplain are designed to restore natural conditions; the Forest Service will obtain necessary and appropriate permits from the US Army Corps of Engineers prior to conducting any activities in jurisdictional wetlands. No project activities will occur in municipal watersheds. c. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas: None are located in the areas where project activities will occur. d. Inventoried roadless areas (IRAs): None are located in the areas where project activities will occur. e. Research natural areas (RNAs): The project areas does not include any RNAs f. American Indian and Alaska Native religious or cultural sites, archaeological sites, or historic properties or areas: An archeological review completed in February 2015 determined that the project is an Exempt Undertaking. Purpose and Need for the Action The purpose and need for the proposed treatments include restoring streams and riparian areas by removing, replacing, or modifying water control structures and restoring native brook trout to the watershed. Engineering assessments have identified seepage at the base of the dam on Little Buck Creek as well as other structural concerns with the dam. US Forest Service engineers have recommended that this dam be removed to eliminate safety concerns related to dam failure, particularly at downstream campsites. Scoping and Public Involvement Providing public notice and identifying issues important to the public - - the scoping process - - was conducted in February 2015 through direct telephone and e-mail correspondence with individuals, groups, and other state and federal agencies known to be experts in watershed management practices in the Southern Appalachian ecoregion. This rapid and targeted scoping was conducted due to (1) the safety issues with the dam presented in the purpose and need section and (2) because these types of watershed projects are conducted relatively infrequently by the Nantahala National Forest and some of the persons contacted for this project are not normally consulted on terrestrial land management projects. No negative comments were received. Public Notification This Decision Memo and accompanying vicinity and unit maps will be posted on the NFsNC web page at www.fs.usda.gov.nfsnc. This Decision will also be reported in the NFsNC Schedule of Proposed Actions (SOPA) distributed by the Forest Supervisor's Office, Asheville, NC. Findings Required by Other Laws Forest Plan Consistency — The actions in this decision are consistent with the Land and Resource Management Plan for the Nantahala and Pisgah National Forests and all amendments to the Endangered Species — Implementing the actions in this decision will not affect threatened or endangered species, or result in loss of any other species' viability, or create significant trends towards Federal listing of the species under the Endangered Species Act. Cultural Resources — The actions in this decision will not adversely affect any sites listed, or eligible for listing, in the National Register of Historic Places, nor will they cause the loss or destruction of significant scientific, cultural or historic resources. Notice, Comment, and Appeal Opportunities This project is not subject to administrative review. Contact Information For further information about this project, contact Steverson Moffat, project manager, at the Nantahala National Forest, 123 Woodland Drive, Murphy, NC 28906; or telephone at (828) 837- 5152 x108. C GELA M. GEE Date District Ranger Cheoah and Tusquitee Ranger Districts ku■ �r North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Pat McCrory Secretary Susan Kluttz April 13, 2015 Lynn Hicks National Forests in North Carolina 160 Zillicoa Street, Suite A Asheville, NC 28801 Office of Archives and History Deputy Secretary Kevin Cherry Re: Removal of Little Buck Creek Dam, Tusquitee Ranger District, Nantahala National Forest, Clay County, ER 15 -0758 Dear Mr. Hicks: Thank you for your letter of March 20, 2015, regarding the above - referenced undertaking. We have reviewed The Documentation and Assessment of the Little Buck Creek Dam and offer the following comments. We understand the US Forest Service would like to remove the earthen dam structure, referred to as Little Buck Creek Dam, and restore the natural stream channel so brook trout can be introduced to the creek and its tributaries. We concur with your findings that the Little Buck Creek Dam is not eligible for listing in the National Register of Historic Places, as it lacks historical, architectural and cultural significance. Thus, the dam's removal will not affect any historic properties which may be in the area. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or environmental .reviewO..ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, i.� ,� WRamona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807- 6570/807 -6599