20090251 Ver 1_401 Application_20090309

USDA United States Forest National Forests in North Carolina 160 ZILLICOA ST STE A
Department of Service Supervisor's Office ASHEVILLE NC 28801-1082
Agriculture 828-257-4200
File Code: 7720-3-2
0 2 5 1 Date: March 9, 2009
Cindy Karoly
Supervisor
North Carolina Division of Water Quality p L5 @IN O V L5
401 /Wetlands Unit 1! t5
1650 Mail Service Center MAR 1 2009
Raleigh, NC 27699-1650
-°- DEW - WATER QUALITY
Dear Ms. Karoly: WETLWSAMSTORMWATERORMCM
Enclosed are five (5) copies of a Pre-construction Notification (PCN) and a $240 processing fee
for the construction of a new road bridge over the Left Prong of the South Toe River, on the
Appalachian Ranger District of the Pisgah National Forest, in Yancey County, North Carolina.
The purpose of the project is to replace a concrete vented ford which presently inhibits aquatic
vertebrate passage and sustained significant damage as a result of the remnants of hurricanes
which impacted the area in September 2004. Construction of the new facility will restore aquatic
vertebrate passage in this segment of the stream. This project includes ford demolition,
excavation, abutment construction, bridge construction, rip-rap placement, minor road
reconstruction, and site restoration. This application is being made in order to comply with
Section 404 of the Clean Water Act.
Based on our review of the authorized Nationwide Permits (NWP) we believe this project is
covered under NWP 3.. To comply with PCN application instructions and NWP General
Condition 19 (b) we are requesting Section 401 water quality certification for this project.
Concurrent with this application, the PCN has been submitted to the US Army Corps of
Engineers for section 404 permit approval.
If you have any questions, concerns, and/or require additional information, please contact me or
my representative, Cliff Northrop, at the following numbers;
Lynn Hicks [phone], e-mail - llhickskfs.fed.us
Cliff Northrop [phone], e-mail - cnorthropkfs.fed.us
Sincerely,
a?
L. HICKS, PE
Engineering, Heritage and Recreation Staff
Officer
Enclosures

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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing A IF W%
1 a. Type(s) of approval sought from the
Corps:
? Section 404 Permit ? Section 10 PermitK?41'
Jw
w
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes x No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
x 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes x No For the record only for Corps Permit:

? Yes x 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 x No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes x No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes x No
2. Project Information
2a. Name of project: NFSR 472 Bridge over the Left Prong of the South Toe River at M.P. 5.562
2b. County: Yancey
2c. Nearest municipality / town: Burnsville
2d. Subdivision name: Appalachian Ranger District, Pisgah National Forest
2e. NCDOT only, T.I.P. or state
project no:
U0
3. Owner Information MWT-1 2009
3a. Name(s) on Recorded Deed: US Forest Service DENR - WATER %jALITY
3b. Deed Book and Page No. N/A WEfd M AND STORMIER OfMiCR
3c. Responsible Party (for LLC if
applicable): Marisue Hilliard, Forest Supervisor
3d. Street address: 160 Zillicoa Street, Suite A
3e. City, state, zip: Asheville, NC 28801
3f. Telephone no.: 828-257-4200
3g. Fax no.: 828-257-4263
3h. Email address:
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
Ab. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Lynn L. Hicks, PE, Forest Engineer
5b. Business name
(if applicable): US Forest Service, National Forests in North Carolina
5c. Street address: 160 Zillicoa Street, Suite A
5d. City, state, zip: Asheville, NC 28801
5e. Telephone no.: 828-257-4243
5f. Fax no.: 828-257-4884
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
1 b. Site coordinates (in decimal degrees): Latitude: 35.711467 Longitude: - 82.251617
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.25 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to South Toe River
proposed project:
2b. Water Quality Classification of nearest receiving water: B TR ORW
2c. River basin: French Broad
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: The project site consists of recreational use such as camping, hunting and hiking. The riverbanks on the
South Toe were impacted from the storms of 2004. Flooding conditions severely eroded the riverbanks and deposited silt
on the upstream side of the vented ford.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 75 feet
3d. Explain the purpose of the proposed project:
The purpose of this project is to replace an existing failed structure with a superior structure that will improve safety, limit
damage to resources, and resolve issues with aquatic organism passage.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes the removal of an existing vented ford that failed during flooding in 2004 and its replacement with a
new concrete bridge and bridge abutments including large diameter (Class 5) riprap for scour protection.
Work in the stream will be very limited and will only consist of the removal of debris and the existing vented ford, the
construction of a new bridge, bridge abutments and footings, the placement of riprap as scour protection, the realignment
of the existing bridge approaches, and the repair of stream bank erosion.
Equipment used to perform this work may include dump trucks, back hoe, hydraulic track mounted excavator with thumb,
motor grader and concrete trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes x No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes x 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 x No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands x 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
W 1 ? PEI T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? PEI T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10
DWQ - non-404 stream
width length
(linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ? P x T Construction South Toe River x PER
? INT E] Corps
x DWQ 20 75
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ?DWQ
3h. Total stream and tributary impactsJ 75
3i. Comments:
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ? P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required.
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
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.
The replacement of a ford with a bridge will reduce the impacts that the crossing has on the watershed. Scour protection
and stream restoration have been included in the design to further improve stream condition.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
When possible, equipment will be kept out of the stream channel. Stream crossings by equipment will also be kept at a
minimum. The existing vented ford will be kept in place as long as possible to minimize damage during crossings.
Erosion and sedimentation control practices including the use of silt fence, seeding, rip rap and erosion control blankets
will be used appropriately to prevent erosion and will be checked regularly to ensure proper function.
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? ? Yes x No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
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.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes x 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 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes x No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
? ?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 1 %
2b. Does this project require a Stormwater Management Plan? ? Yes x No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The impervious area is far less than 1 %
due to the large forested area in which the project site is located. Also NCDENR BMPs have been incorporated in the
design and will be used throughout the construction process. When the bridge construction is complete, stormwater will
be sheet flow over grassed swales. During construction erosion and sediment control measures will be maintained. The
river and nearby resources will be protected through water management, construction sequencing, proper staging,
stockpiling material, and the maintenance of the suitable channel capacity for the expected flow events. No equipment,
fuel, lubricants or other potential sources of water pollution will be stored in areas subject to flooding.

? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
x DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? 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 8 of 10
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)?
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
letter.) ® Yes ? No
Comments: NEPA completed and approved by US Forest Service.
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.
No, the land is publicly owned and is valued for being pristine. Also the South Toe River is already being crossed at this
point.
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.
Contract requires that portable sanitation facilities be provided during construction.
Page 9 of 10
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?
US Fish and Wildlife Service website, Critical Habitat Designations.
Consultation with Bryan Tompkins - USFWS
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Sheryl Bryant, US Forest Service Fisheries Biologist & Forest Service Program Manager and Bryan Tompkins of the
USFWS. These government authorities stated that there would be no effects from the proposed work on essential fish or
essential fish habitat.
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?
In a NEPA Decision Memo, repairs to the South Toe River Road (FSR 472) including the removal of the existing vented
ford and its replacement with a new bridge were determined to "not affect cultural resources."
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?

Lynn L Hicks, PE 2/23/2009
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's s' ature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
06 , United States Forest National Forests in 160A Zillicoa Street
Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
828-257-4200
File Code: 1230 Date: November 21, 2005
Route To: (7100)
Subject: Delegation of Authority
To: Lynn L. Hicks, Engineering and Minerals Staff Officer
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 road, bridge, culvert, and
facilities projects on the National Forests in North Carolina. You are authorized to make formal
application for all permits to the US Army Corps of Engineers, the North Carolina Division of
Water Quality, and the North Carolina Wildlife Resources Commission, provide all necessary
information, and sign all correspondence.
Include this letter as part of all applications for Section 404 permits to the US Army Corps of
Engineers, North Carolina Division of Water Quality, and North Carolina Wildlife Resources
Commission.
MARISUE HILLIARD
Forest Supervisor
S fw-
Caring for the Land and Serving People Printed on Recycled Paper V
DECISION MEMO
Upper South Toe River Road 472
Road Maintenance and Repair
Pisgah National Forest, Appalachian Ranger District
Yancey County, North Carolina
DECISION
Description of Decision
I have decided to implement the actions needed to repair flood damage on the road listed above. The
Upper South Toe River Road is that part of the South Toe River between Black Mountain Campground
and the Blue Ridge Parkway.
Purpose and History
The purpose of this project is to repair damage to the South Toe River Road (FSR 472) resulting from
the concentrated rainfall events of September 8, 17, and 24, 2004 when three hurricanes passed
through this part of North Carolina. The Upper South Toe River Road is a heavily used two lane road
that provides access to numerous hiking trails and the Blue Ridge Parkway. Continued safe passage
along the South Toe River Road is a high priority for the Appalachian Ranger District of the Pisgah
National Forest.
Storm damage to this road included damage to retaining structures, large sloughs, slides, and damage
to existing low water bridges and culverts. The majority of the road repair work can be completed
within the existing road prism and does not require additional documentation. The damage addressed
in this document requires repair work outside the existing prisms.
Detailed Description
This project will include the following:
Milepost 2.91: Repair the existing retaining structure parallel with the South Toe River. Repair the
retaining wall to allow fishing access.
Milepost 4.3: Repair large road slough which is approximately 75 feet long.
Milepost 4.98: Remove slide material from roadway.
Milepost 5.4: Repair large road slough.
Milepost 5.56: Remove existing damaged low water crossing and replace with a single span bridge.
Milepost 5.60: Remove existing damaged low water crossing and replace with an open bottom, multi
plate arch structure.
More detailed descriptions of the needed road repairs are in the engineers' reports and plans. No
pinning of logs into stream banks will occur during the trout spawning moratorium of October 15
through April 15.
Page 1 of 5
REASONS FOR CATEGORICAL EXCLUSION OF THE ACTION
I have determined that this action is consistent with routine actions excluded from documentation in an
environmental impact statement (EIS) or an environmental assessment (EA) as described in Forest
Service Handbook 1909.15, Section 31.12, Category 4, Repair and Maintenance of Roads.
This project meets the requirements of this section because it is repair and maintenance of roads as
defined in the September 29, 1998 memo from the Acting Deputy Chief, National Forest System,
Washington Office on Financial Health - Common Definitions for Maintenance and Construction
Terms as quoted below:
Maintenance. "The act of keeping fixed assets in acceptable condition. It includes
preventive maintenance normal repairs, replacement of parts and structural
components, and other activities needed to preserve a fixed asset so that it
continues. to provide acceptable service and achieves its expected life.
Maintenance excludes activities aimed at expanding the capacity of an asset or
otherwise upgrading it to serve needs different from, or significantly greater than
those originally intended. "
Maintenance includes work needed to meet laws, regulations, codes, and other
legal direction as long as the original intent or purpose of the fixed asset is not
changed.
Repair. Work to restore a damaged, broken, or worn-out fixed asset, component,
or item of equipment to normal operating condition. Repairs may be done as
annual maintenance or deferred maintenance activities.
Rehabilitation. Renovation or restoration of an existing fixed asset or any of its
components in order to restore the functionality or life of the asset. Because there
is no significant expansion or change of purpose for the fixed asset, the work
primarily addresses deferred maintenance.
Replacement. Substitution or exchange of an existing fixed asset or component
with one having essentially the same capacity and purpose.
Decommission. Demolition, dismantling, removal, obliteration and/or disposal of
a deteriorated or otherwise unneeded asset or component, including necessary
cleanup work. This action eliminates the deferred maintenance needs for the fixed
asset. Portions of an asset or component may remain if they do not cause
problems nor require maintenance.
Page 2 of 5
FINDING OF NO EXTRAORDINARY CIRCUMSTANCES
Along with the interdisciplinary team for this project, I reviewed the extraordinary circumstances
identified in Forest Service Handbook 1909.15, Chapter 30, Section 30.3, paragraph 2. Based on this
review, I determined that no extraordinary circumstances exist for this project. Specifically:
• The actions of this project have met all requirements of the Endangered Species Act and Forest
Service regulations. Initially, more turbidity and sedimentation will result from these road
repairs, in particular the washout at milepost 0.2, but implementation of proper erosion control
measures will reduce the runoff and potential impacts. These streams also have high gradients
which will help remove sediments from the stream channels. A biological evaluation (BE) was
completed and is included in the project file. After reviewing the impacts of this project, I
concluded the following determinations of effect:
¦ No federally proposed, threatened, or endangered species are known to occur within the
proposed activity area. There will be no effect to any federally listed species with the
Upper South Toe River Road Project.
¦ There will be no cumulative effect and no loss of viability to any Regional Forester's
sensitive species.
• There may be some impact to individuals of the Locally Rare species Cryptobranchus
alleganiensis and Microasema sprulei, but the actions should not result in the loss of
any single potential aquatic animal population. There will be no affect to any other
locally rare species.
• This action will not negatively affect floodplains, wetlands, or municipal watersheds. This was
determined from field visits and reviews of topographic and soil maps. Repair of these roads
will improve conditions in floodplains and wetlands by stabilizing the road prism and reducing
sediment delivery into streams.
• The Forest Service determined the repairs to Upper South Toe Road 472 to be undertakings
that will not affect cultural resources.
• This project does not fall within a congressionally designated area such as wilderness,
wilderness study area, or national recreation area.
• This project does not fall within a research natural areas.
• This project does not fall within an inventoried roadless area.
• The Forest Service determined the repairs to Upper South Toe Road 472 to be undertakings
that will not affect cultural resources. This project is not within American Indians and Alaska
Native religious or cultural sites.
FINDINGS REQUIRED BY OTHER LAWS
1. As required by the National Forest Management Act of 1976, I determined that this action is
consistent with the Nantahala and Pisgah Land and Resource Management Plan (LRMP), as
amended. It adheres to applicable standards, guidelines, and monitoring requirements in the
LRMP. Specifically this project meets the following Forest Goals:
Goal 2: Improve the quality of life for citizens of Western North Carolina by helping to
meet basic needs of people and communities who depend on National Forest resources for
water, food, fuel, shelter, livelihood, recreation, and spiritual renewal. Use resources
Page 3 of 5
wisely and efficiently to improve economic prosperity of local communities, the Southern
Appalachian region, and the nation.
Goal 7: Protect the beauty of the Forests through special attention to visually sensitive
areas and the careful application of resource management activities.
This project meets the General Direction for Transportation System Management and Road
Planning Construction and Maintenance, found in the LRMP, pages III-46 through III-51.
Road Maintenance Guidelines, Traffic Service Levels are listed in Tables G-7 and G-8 in Appendix
G, pages G-16-22. This road repair project meets the Forest Plan road maintenance and service
levels guidelines.
2. This road is located in management areas (MAs) designated in the LRMP, as amended. The
project incorporates appropriate Forest Plan guidelines for MAs relevant to this project, as follows:
Management Area 2A (LRMP pages III-63 through III-70): The Upper South Toe River
Road defines a band of land in this MA upstream from the Black Mountain Campground.
This management area emphasizes pleasant scenery for people who drive through the
forest. Roads are generally open with adjacent forest land managed to provide a quality
visual experience.
Management Area 12 (LRMP pages III-140 to III-143): The South Toe River Road is
within this management area near the Black Mountain Campground. Management Area 12
includes developed recreation areas providing camping, picnicking, swimming, boating,
viewing of wildlife and scenery, and other forest recreation activities. Roads in this
management area are generally all-weather roads which can sustain high traffic volumes.
Management Area 18 (LRMP pages III-179 through III-188): Riparian areas are
embedded within other MAs and consist of aquatic ecosystems, riparian ecosystems, and
closely associated plant and animal communities. MA 18 is actively managed to protect the
distinctive resource values and characteristics dependant on or associated with these
systems. This road crosses some streams.
3. This project will not result in significant irretrievable resource commitments.
PUBLIC INVOLVEMENT
A proposal to implement a road stabilization project on the Appalachian District was listed on the
Schedule of Proposed Actions for January and April 2005. No one provided specific comments on this
project.
The following individuals were contacted during the scoping of this project. They were given detailed
descriptions of the proposed project sites and were asked to provide any concerns or comments.
Everyone contacted was in full support of the project.
Gary Kauffman, Botanist, Pisgah National Forest;
Sandy Florence, Wildlife Biologist, Appalachian and Grandfather Ranger Districts,
Barry Jones, Engineer, National Forests in NC;
Brady Dodd, Hydrologist, National Forests in NC;
Rodney Snedeker, Zone Archaeologist, National Forests in NC;
David McFee, Assistant District Ranger, Appalachian Ranger District;
Ruth Berner, Forest Planner, National Forests in NC;
Page 4 of 5
Michael Hutchins, Zone NEPA Coordinator, Pisgah National Forest; and
Sheryl Bryan, Fisheries Biologist, National Forests in NC.
IMPLEMENTATION DATE
Implementation of this decision may begin immediately, and will continue until all sites are completed.
There will be no pinning of logs into stream banks during the trout spawning moratorium of October
15 through April 15.
ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES
Pursuant to 36 CFR 215.12(f), this decision is not subject to appeal.
CONTACT PERSON
For additional information concerning this decision, or clarification on this process, please contact
David McFee or me by phone at 828-682-6146 or at P.O. Box 128, Burnsville, NC 28714-0128.
PAUL BRADLEY
District Ranger
6-i6-0y
DATE
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the
basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or
marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who
require alternative means for communication of program information (Braille, large print, audiotape, etc.)
should contact USDA's TARGET Center at [phone] (voice and TDD). To file a complaint of
discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and
Independence Avenue, SW, Washington, DC 20250-9410 or call [phone] (voice and TDD). USDA
is an equal opportunity provider and employer.
Page 5 of 5
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