HomeMy WebLinkAbout20060040 Ver 1_COMPLETE FILE_20060106Michael F. Easley, Governor
y William G. Ross Jr., Secretary
f North Carolina Department of Environment and Natural Resources
,(nun
O Alan W. Klimek, P.E. Director
Division of Water Quality
February 2, 2006
DWQ Project # 06-0040
r
@[mo V ? D a Burke County
Marisue Hilliard V
Forest Supervisor
National Forests in North Carolina FEB 1 0 2006
Post Office Box 2750
Asheville, NC 28802-2750 WETLANDS ANDS AND AND STORMWORMWUALITY
ATER BRANCH
Subject Property: Upper Creek Dispersed Camp (VWG10)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hilliard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 280 linear feet of streams for the purpose
of large woody debris placement at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on January 6, 2006.
After reviewing your application, we have decided these impacts are covered by
General Water Quality Certification Number(s) 3495 (GC3495). The Certification (s)
allows you to use Nationwide Permit(s) 13 / 27 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893/ Internet: http:i/h2a.enr.state.nc.us/ncwetlands
t+iGC7E
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Upper Creek Distersed Camp
Page 2 of 6
February 2, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Stream 280 feet Upper Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Upper Creek Distersed Camp
Page 3 of 6
February 2, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 /Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae. However, Wildlife Resources Commission
will not object to construction of "emergency" sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
(1) using flow diversion structures such as sand bags, (2) placing large-sized
rock toes and filter cloth backing for stabilization sites before backfilling, and
(3) excavating new channel alignments in dry areas. Construction at the other non-
"emergency" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
Upper Creek Distersed Camp
Page 4 of 6
February 2, 2006
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed- wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Should large, angular rock, large woody material, or other natural stream design
materials and techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or
other clean diversion structures should be used to minimize excavation in flowing
water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
13. Disturbed stream banks and a 30-foot vegetated zone (as required under the HQW
regulations), or the widest width that is practical under the site conditions, must be
restored along the construction sites to natural riparian conditions with native trees
and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow,
tag alder, black willow, sycamore) to provide long-term bank stability and stream
shading. Note, silky dogwood, silky willow and black willow can be planted as live
Upper Creek Distersed Camp
Page 5 of 6
February 2, 2006
stakes collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank. Trees
should be planted on ten (10) to twelve (12) foot centers. Stream banks in these
areas should also be seeded with a native annual and perennial seed mix with a
temporary nursery crop of wheat, millet or other grain.
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)
17. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
Upper Creek Distersed Camp
Page 6 of 6
February 2, 2006
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Brady N. Dodd,
US Forest Service
Post Office Box 2750
Asheville, NC 28802-2750
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0040.USFS.UpperCreekDispersedCamp.Approval
Impacts Mitigations Fees Affiliations Events Inspections Comments History
Detailsl Details2 Permits and Certs Cross Refs
Project Number: 20060040 Version: 1 Status: Issued Last Action Desc: Project issued
*Project Name: US Forest Service: Upper Creek Dispersed Camp VJVG10 *ProjectType: Shoreline Stabilization (sills, rip rap) °•
Project Desc: stabilize streambank, reduce erosion & sedimentation
*Owner: Hilliard, Marisue Details...
*Received From: Applicant COE ID: *Primary County: +
DOTTIP: *Admin Region: Asheville
ReceivedDt: 01106!2006 Reviewer: kevin.barnett
Issued Dt: 0 210 212 0 0 6 j'? •u., J 'dc; r!
*Secondary County_
Statutory Dt: 0210512006
CAMA NEPAJ SEPA Received Dt:
DCM Office: SW Plan Received Dt:
COE office: ieville Regulatory Field Office SW Plan Approved Dt: Public Notice Published Dt
Last Updated By: laurie.dennison Public Notice Received Dt:
Last Updated On: 0170612006 Sewage Disposal: P.N. Comment Period Ends Dt:
L- < Back J Close
Triage Check List
Date: 1/09/06 Project Name:USFS-UpperCreekDispersedCamp VWG10
DWQ #:06-0040
County: Burke
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/06/06 to 3/07/06
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW`topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Dv-i(a ano 6 00 s1o
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0 North Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office. U. S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator /
Habitat Conservation Program
DATE: January 10, 2006
Q
JAN 1 3 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SUBJECT: Review of 404 Permit Application, US Forest Service (USFS), Upper Creek Stabilization, Burke
County
The USFS is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC)
to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided
by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The USFS proposes to stabilize about 245 feet of shoreline in an area where recent storms and ongoing campground
and stream buffer disturbance caused damage. Banks will be sloped to a 1:1 slope to allow establishment of riparian
vegetation. Deep rooted riparian vegetation will be used to stabilize the area and a rock vane will be used to deflect
flow way from the bank. The boulder vane will be placed at a 20-30 degree angle and extend 1/3 channel bankfull
width. The vane will have a constructed pool placed parallel to the structure. Wild rainbow and brown trout are
known for this area.
Based on the information provided by the applicant and our knowledge on the range of trout in the project area, we
do not believe this project will cause significant effects to waters supporting trout providing that autochthonous
plants are used for the riparian stabilization. In channel work and land disturbance within the 25-foot wide buffer
zone must be prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and fry
stages of trout. We recommend using a state-of-the-art j-hook structure with appropriate angulations needed to
maintain structure integrity. The constructed pool should be located and built in a manner that ensures rock vane
stability. To the extent possible, work should be done in the dry and with new or clean low hour equipment to
minimize sedimentation and pollution. Emergency spill containment equipment should be readily available on the
work site if motorized equipment will be used in the channel.
Thank you for the opportunity to review and comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
Ec: Kevin Barnett, DWQ-ARO
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Uenter • tcaieign, IN%, z /oyy-' //-1
Telephone: (919) 707-0220 - Fax: (919) 707-0028
g,?`• United States Forest National Forests in 160A Zillicoa Street
t Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
File Code: 2530-3
Date: December 29, 2005
Cyndi Karoly
North Carolina Division of Water Quality
401/Wetlands Unit 2 0 0 6 0 0 4 0
1650 Mail Service Center
Raleigh, NC -
27699-1650
Dear Ms. Cyndi Karoly:
This letter is to request Section 401 Water Quality Certification from the North Carolina
Division of Water Quality for U.S. Forest Service project: Upper Creek Dispersed Camp
VWG10 . Located on the Pisgah National Forest in Burke County, North Carolina, this project
is situated on Upper Creek, a tributary to Warrior Fork, which drains into the Catawba River.
Storms from the 2004 hurricanes resulted in 245 feet of bank erosion of a historically disturbed
stream bank. This area has historically been disturbed by dispersed camping, which has resulted
in a loss of riparian vegetation and stability of stream banks; and the 2004 storms worsened the
condition. This project proposes the following:
• Slope the stream bank back at a 1:1 slope to allow establishment of vegetation.
• Plant deep-rooted riparian vegetation to stabilize the bank.
• Install a rock vane to redirect streamflow away from the bank.
A 404 Nationwide Permit 27 has been requested from the U.S. Army Corps of Engineers for this
project.
Enclosed are the following materials:
• Application for 404 (Nationwide Permit #27) / 401 Water Quality Certification.
• Vicinity maps and site plans for the Upper Creek Dispersed Camp Project.
• A check made payable to the Division of Water Quality for $475.00.
If you require any additional information, please contact me at 828-257-4214.
Sincerely, j&:Zi@flW7Jq15
Jai N 6-1006
Brady Dodd of
Forest Hydrologist lZftSrr L11-y
cc: NC Storm Recovery Team
Caring for the Land and Serving People Printed on Recyded Paper w$
A
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. tI 0
(If any particular item is not applicable to this project, please enter iNot Hppncaoie or iN/A .?
1. Processing
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), ??l!
M??
II. Applicant Information dS D
SAN 6 ?, zoos
1. Owner/Applicant Information pEN
Name: Marisue Hilliard (Forest Supervisor) 1D3Ai,?n?prck RU IT
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4200 Fax Number: 828-257-4263
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Brady N. Dodd (Forest Hydrologist)
Company Affiliation:
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville. NC 28802-2750
Telephone Number: 828-257-4214 Fax Number: 828-257-4263
E-mail Address: bdodd(a)fs.fed.us
s
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Upper Creek Dispersed Camp (VWG10)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Burke Nearest Town: Morganton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long): 35° 55' 11" 81° 47'48"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Grandfather Ranger District (402 560 acres)
7. Nearest body of water (stream/river/sound/ocean/lake): Upper Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state,nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Streamflow in Upper Creek is directed into the left bank.
Bank erosion is occurring over a 245-foot length of this bank because of bank trampling, the
lack of riparian vegetation, and storm flows from the hurricanes of 2004.
10. Describe the overall project in detail, including the type of equipment to be used: Slope the
bank at a 1:1 slope for approximately 220 linear feet to allow establishment of riparian
vegetation. Plant deep-rooted riparian vegetation (i.e., dog hobble, dogwood, and
rhododendron) and trees to stabilize the bank. Install a rock vane in the stream bed to
redirect streamflow away from the bare and erodible stream bank.
11. Explain the purpose of the proposed work: Stabilize the streambank and reduce erosion and
sedimentation into Upper Creek and downstream reaches.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
3
is.
Impacts to the Upper Creek include a temporary increase in turbidity due to the mechanical
sloping of banks placement of boulders and hand planting of woody riparian materials on the
newly sloped banks Short-term increases in turbidity are also expected due to operation of
heavy equipment in the channel throughout the installation of the rock vane. Short-term
increases in turbidity are expected to be offset by the long-term benefit of stable stream banks
and the elimination of a chronic source of sediment.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify
Stream bank
stabilization 220 Upper Creek 73 feet Perennial
In-stream
structure 60 Upper Creek 73 feet Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us,gs.syov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozoiie.com,
www.mapqucst.com, etc.).
4
.«
Cumulative impacts (linear distance in feet) to all streams on site: 280 feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A. Heavv eauipment will be cleaned before_ entering the stream, so as to eliminate a source of
sediment from equipment Only a skilled heavy equipment operator, experienced in stream
restoration will be used so as to reduce streambed disturbance during the construction of the in-
stream structure Tracked vehicles will only access Upper Creek, where it is easily accessible
from Forest Service Roads 982 and 197 and will only operate when soil conditions are dry. A
hydrologist or soil scientist will designate entry points to the protect sites. Over-hanging and cut
banks will be avoided. Entries and exits into Upper Creek will be minimized to reduce the
duration of disturbance. Sand bags will placed at the toe of the slope, where sloping back will
take place to divert flow away from the site. Sediment fences will be installed below all
disturbed areas to trap potential sediment Work will be conducted during conditions of dry
weather. All disturbed areas will be re-vegetated with native riparian vegetation and stabilized
with straw mulch or biodegradable and certified weed-free erosion control matting upon
completion of work All side cast will be stored in upland sites and surrounded with sediment
fences.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
6
-.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ® No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No 0 If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)
Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 tut perpendicular rrom near oanK of cnannu,; c,unu 1. cnLcuua au
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
NA
XII. Sewage Disposal (required by DWQ)
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.
NA
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
8
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
United States Forest National Forests in
Department of Service North Carolina
Agriculture
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
828-257-4200
File Code: 1230
Route To: (2500)
Subject: Delegation of Authority
To: Brady Dodd
Date: October 12, 2005
You are hereby delegated the authority to act as my agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for watershed restoration
and improvement projects such as aquatic habitat restoration and enhancement, habitat
restoration, channel stabilization, and channel relocation on the National Forests in North
Carolina. You are authorized to make formal application for all permits to the US Army Corps
of Engineers and the North Carolina Division of Water Quality, provide all necessary
information, and sign all correspondence.
Include this letter as part of all application for Section 404 permits to the US Army Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
MARISUE HILLIARD
Forest Supervisor
Caring for the Land and Serving People Printed on Recycled Paper ???
l
Upper Creek Dispersed Campsite (VWG10)
Site Plan
Brady Dodd, NFsNC Hydrologist
Background
This storm recovery project is located on Upper Creek on the Pisgah National Forest,
Grandfather Ranger District in Burke County, NC (Figure 1). Upper Creek is a
tributary to Warrior Fork, which drains into the Catawba River. This reach is
designated by the state as waters protected for water supply, trout propagation and
survival, and as an Outstanding Resource Water.
=? ?, l 'a f J 5j l ,! 1
??i ?:! ?j ???? ?. !1?•?II?S ,??? ? `?5?1 ?J ' s? 4`'?SSySI 'iSf'i
S . `..
f r ) e ?, i
Upper Creek Dispersed Camp
Bank Stabilization Protect (VWC
li•( Oil ?f
r '
r.
I '
ytt ?J''r !' fi
S '
f?% ??ttr` r
iS{GI r `
10) r
- 6!
It ?-
r ?
r / i
Figure 1. Site map of the Upper Creek Dispersed Camp Yank Stabilization Project
(VWGI0).
Historically this site has been impacted by dispersed camping. Dispersed campsites
with parking are adjacent to the stream. Also, an access trail parallels the left bank of
the stream. The heavy use by the public at this site has resulted in the loss of riparian
vegetation due to bank trampling and thus a bank prone to erosion prior to the 2004
storms. The 2004 storms caused 245 feet of bank undercutting and erosion, and
accentuated the disturbed condition of the area (Figures 2 and 3).
1
44 71
+ r
5`.t , y v r j? x''pysypyt `'f °'}qtr ":'
? I Nkt + ? tai M?? "''
? M
77
_
1 t? //'y
Figure 2 Photos of erosion of left downstream: bank on Upper Creek (February 12, 2005).
Storm Recovery - ool / N
Watershed Improvement
Upper Creek VWG10
Current Condition
site Key: ri
- camp area j
pool
./ -eroded bank
floodplain
standing tree high te rrace iitnY
u?,(v = avel bars
boulders-
Britl7e I FSR 982
G
o ?
°a
\ \
a \\\\ Draw ng not to scale
Figure 3. Site plan "current condition "for Upper Creek Dispersed Campsite Project.
1
- . ;
Planned Work
The Upper Creek Dispersed Campsite project intends to achieve the following
objectives:
• To stabilize 245 feet of stream bank.
• To reduce the extent of bare ground and potential erosion.
• To reduce sediment loading to Upper Creek.
In order to achieve the stated objectives, the project will conduct the following
activities:
• Slope 220-feet of stream bank back at a 1:1 slope to allow establishment of
riparian vegetation (Figures 4 and 5).
• Plant deep-rooted riparian vegetation such as dogwood, rhododendron, and
doghobble, and trees to stabilize the 245-feet segment of stream bank
(Figure 6).
• Install a rock vane to redirect streamflow away from the eroded stream bank
(Figures 7a - c).
Storm Recovery - ` N
Watershed Improvement ool
Upper Creek VWG10
s
Proposed Action
:
Sit
K a t
ey
e
= camp area
pool -
= eroded bank
floodplain
°
0 -standing tree high terrace
?
Q^
g
M ?
=g riffle
avel bars Q
ld
b
ou
e
&id,e FSR922
rock vane c
0
0
?o Drawing not to scale
Figure 4. Site plan `proposed action "for Upper Creek Utspersea Lampstre rrglecc. Jvore
rock vane and sloping back of ban/
Access to the left bank will be via the dispersed camping area on the same side of the stream
channel, which has an area of 0.1 acres in compacted surfaces. Staging will occur at the
2
1 .
dispersed campsite and all materials will be stored at the site. Boulders will be temporarily
moved out of the way to access the left bank. Boulders will be replaced at the end of the
project to restrict access. To access the project site, heavy equipment will travel north from
the dispersed campsite and within a distance of 30 feet from the left bank for approximately
245 feet, the length of raw bank. Maximum potential area of disturbance will equal 7,350
square feet (0.17 acres), which is based on the length of raw bank and the a width of 30 feet
from the channel. At the toe of over-steepened banks proposed for sloping back at a 1:1 ratio
sediment fence will be placed at the toe of the bank to trap sediment and sand bags will be
placed at the water's edge to direct flow away from the site. It is likely that several small
sized trees would be removed during this activity. Equipment used at the site will be a
tracked excavator and a dump truck, which will haul up to 60 yd3 of soil from sloping back
220-feet of stream bank, to an off-site location on the forest.
Upper Creek
Typical of a Stream Bank to be
Sloped Back at a 1:1 Ratio
2 to 6 feet
O iterial being
-emoved . ?Y .
2 to 6 feet
~??o
Sediment
fence BankfUll elevation
f
C
Water slurface Sa d bags
Figure S. Conceptual design of an over-steepened bank proposed for sloping back at a 1:1
ratio for 220 feet of eroded stream bank.
3
A I r
Upper Creek VWG10
Typical of a Stream Bank
Sloped Back at a 1:1 Ratio and
Planted with Riparian
Vegetation
A'4Water surface
Kea:
= planted trees
= grasses
= planted shrubs: dogwood,
rhododendron, and dog hobble
Figure 6. Conceptual design of a bank sloped back at a 1:1 ratio and planted with
riparian vegetation.
B
,.1
cmnti??.a vod
o r
' ?
Single Arm
2 Rock Vane
footer rock / - on Alluvial Bed
s (? 36' em) s
-Plan View -
1 This ..1 be
1
120
30•w?
a
k
3
n e
E ?n u?.n
/ k1u1 wl
b
U?
top rock
t> 3cem)
Figure 7a. Typical of a Single Arm Rock Vane (plat: view) to re-direct runoff away from
eroding banks.
4
Single Arm Rock Vane
on Alluvial Bed
-Cross-section View-
looking downstream
rooter roCKS (> 36'a-)
Figure 7b. Typical of a Single-Arm Rock Vane (cross section view).
Single Arm Rock Vane
on Alluvial Bed
-Profile View -
B
- top rocks > mm
o m _
c _
m '
----- --- ----- -- - --- -----
channel i
profile
footer rocks p ._.>
Figure 7c. Typical of a Single Arm Rock Vane (profile view).
TEMPORARY BMP's
Because the total disturbance is less than 1 acre, NC Division of Land Quality does
not require an erosion and sediment control plan. To reduce erosion and
sedimentation of Upper Creek, the contractor will be instructed to implement the
following temporary BMP's:
A. Minimize the area of and degree of soil disturbance that reduces infiltration
capacity and permeability and destroys protective forest floor and ground cover.
5
1. Work will be accomplished in stages so as to not expose large areas of bare
soil simultaneously.
2. Limit clearing of vegetation to the minimum required for the project.
B. Work activities would not be scheduled on rainy days.
C. 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.
2. Do not operate on wet soils when they are most susceptible to damage and
erosion.
3. Do not operate heavy equipment on over-hanging stream banks.
D. Install sand bags or sediment fences to trap potential sediment. Stabilize any
disturbed area at the end of each workday.
E. 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 biodegradable and
certified weed-free erosion matting at the end of each workday. Matting
will be secured in place with staples, stakes, or live stakes of trees where
conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground
disturbing activities to provide erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed.
F. Do not move sediment trap devices until the vegetation in the disturbed areas has
been established.
G. Stockpile any side cast on upland sites and contain within sediment fence.
H. Install sediment fences around the project area (including staging area) to direct
runoff away from the project area.
Sloping back stream bank
1. Install sediment fences at the toe of all disturbed banks to trap potential sediment.
J. Where site conditions allow, construct a berm of sand bags at the water's edge to
divert streamflow away from the project site.
In-stream structure
K. Minimize the number of times required to enter Upper Creek for the installation
of in-stream structure.
L. Cross the stream and conduct activities during periods of low flow.
M. 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.
N. Conduct visual inspections of Upper Creek while the work is being conducted to
inspect turbidity.
6
Office Use Only' Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tnis project, please enter nm tvppncaoie or ivt% .?
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information Rjw@?Wg
. Owner/Applicant Information ?
1
Name: Marisue Hilliard Forest Supervisor) JAN 6
.Mailing Address: U.S. Forest Service a
National Forests in North Carolina ANpsrrE4ti.
P.O. Box 2750 SRUIAWY
Asheville NC 28802-2750
Telephone Number: 828-257-4200 Fax Number: 828-257-4263
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Brady N. Dodd (Forest Hydrologist)
Company Affiliation:
Mailing Address: U.S. Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4214 Fax Number: 828-257-4263
E-mail Address: bdodd(a_)fs.fed.us
I
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Upper Creek Dispersed Camp (VWG10)
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN): N/A
N/A
4. Location
County: Burke Nearest Town: Morganton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long): 35° 55' 11" 81° 47'48"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Grandfather Ranger District (402 560 acres)
7. Nearest body of water (stream/river/sound/ocean/lake): Upper Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Streamflow in Upper Creek is directed into the left bank.
Bank erosion is occurring over a 245-foot length of this bank because of bank trampling, the
lack of riparian vegetation and storm flows from the hurricanes of 2004.
10. Describe the overall project in detail, including the type of equipment to be used: Slope the
bank at a. 1:1 slope for approximately 220 linear feet to allow establishment of ripari
an
vegetation. Plant deep-rooted riparian vegetation (i.e., dog hobble, dogwood, and
rhododendron) and trees to stabilize the bank. Install a rock vane in the stream bed to
redirect streamflow away from the bare and erodible stream bank.
11. Explain the purpose of the proposed work: Stabilize the streambank and reduce erosion and
sedimentation into Upper Creek and downstream reaches.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Impacts to the Upper Creek include a temporary increase in turbidity due to the mechanical
sloping of banks placement of boulders and hand planting of woody riparian materials on the
newly sloped banks Short-term increases in turbidity are also expected due to operation of
heavy equipment in the channel throughout the installation of the rock vane. Short-term
increases in turbidity are expected to be offset by the long-term benefit of stable stream banks
and the elimination of a chronic source of sediment.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, riii,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(leases ecify)
Stream bank
stabilization 220 Upper Creek 73 feet Perennial
In-stream
structure 60 Upper Creek 73 feet Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.>?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
4
Cumulative impacts (linear distance in feet) to all streams on site: 280 feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A. Heavy equipment will be cleaned before entering the stream so as to eliminate a source of
sediment from equipment Only a skilled heavy equipment operator, experienced in stream
restoration will be used so as to reduce streambed disturbance during the construction of the in-
stream structure Tracked vehicles will only access Upper Creek, where it is easily accessible
from Forest Service Roads 982 and 197 and will only operate when soil conditions are dry. A
hydrologist or soil scientist will designate entry points to the project sites. Over-hanging and cut
banks will be avoided. Entries and exits into Upper Creek will be minimized to reduce the
duration of disturbance. Sand bags will placed at the toe of the slope, where sloping back will
take lace to divert flow away from the site. Sediment fences will be installed below all
disturbed areas to trap potential sediment Work will be conducted during conditions of dry
weather. All disturbed areas will be re-vegetated with native riparian vegetation and stabilized
with straw mulch or biodegradable and certified weed-free erosion control matting upon
com letion of work. All side cast will be stored in upland sites and surrounded with sediment
fences.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httl):Hh2o.enr.state.ne.us/ncwetlands/strrngide.htm].
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wro/index.htni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ® No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out SU Teet perpenaicuiar rrom near oanr, ui unduuui,
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
NA
XII. Sewage Disposal (required by DWQ)
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.
NA
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
8
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
2
ApplicantWgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
w ;
United States Forest
National Forests in
2s Department of Service North Carolina
Agriculture
File Code: 1230
Route To: (2500)
Subject: Delegation of Authority
To: Brady Dodd
160A Zillicoa Street
P.O. Box 2750
Asheville, NC 28802
828-257-4200
Date: October 12, 2005
You are hereby delegated the authority to act as my agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for watershed restoration
and improvement projects such as aquatic habitat restoration and enhancement, habitat
restoration, channel stabilization, and channel relocation on the National Forests in North
Carolina. You are authorized to make formal application for all permits to the US Army Corps
of Engineers and the North Carolina Division of Water Quality, provide all necessary
information, and sign all correspondence.
Include this letter as part of all application for Section 404 permits to the US Army Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
MARISUE HILLIARD
Forest Supervisor
Caring for the Land and Serving People Printed on Recycled Paper 1?
Upper Creek Dispersed Campsite (VWG10)
Site Plan
Brady Dodd, NFsNC Hydrologist
Background
This storm recovery project is located on Upper Creek on the Pisgah National Forest,
Grandfather Ranger District in Burke County, NC (Figure 1). Upper Creek is a
tributary to Warrior Fork, which drains into the Catawba River. This reach is
designated by the state as waters protected for water supply, trout propagation and
survival, and as an Outstanding Resource Water.
f ? ? - }? '`IIt ?? t
1 l_ y ?'i '? ?t I X14 I
49
't
f` ! !` Upper Creek Dispersed Camp j/` f
Bank Stabihzation Project (VWG10) l..r r('
C t/
?T r J 1' _ r e ! t ?1 I?
\ 1 1 y,+t f i! ? ?L?.
} 1 ? I
`--)jai i i r J 1 •`r? 7?/ J ! ?5 ?'? ?l1, t51 ,il ??r f.
J\?
,
Figure 1. Site map of the Upper Creek Dispersed Camp Bank Stabilization Project
(VWGI0).
Historically this site has been impacted by dispersed camping. Dispersed campsites
with parking are adjacent to the stream. Also, an access trail parallels the left bank of
the stream. The heavy use by the public at this site has resulted in the loss of riparian
vegetation due to bank trampling and thus a bank prone to erosion prior to the 2004
storms. The 2004 storms caused 245 feet of bank undercutting and erosion, and
accentuated the disturbed condition of the area (Figures 2 and 3).
1
,r I 1.
a
P , ids ? - at ?'aJ
Ali
N- gas u ?t r
VVI
t p as J A J t f .,
Figure 2. Photos of erosion of left downstream bank on Upper Creek (February 12, 2005).
Storm Recovery - N
Watershed Improvement ool
Upper Creek VWG10
Current Condition - ;
Site Key: - r ifM1? ;
j
El= camp area
;? pool -
eroded bank
d
l
in
fl
oo
p
a
standing tree high terrace
?7
e
J
ritAe -
11
rr_
ave1 bars
?bouldefs-.?
LO -
- En1g .?Il
l FSR982
C-
v
m \
?e4F Drawing not to scale
Figure 3. Site plan "current condition "for Upper Creek Dispersed Campsite Project.
1
Planned Work
The Upper Creek Dispersed Campsite project intends to achieve the following
objectives:
• To stabilize 245 feet of stream bank.
• To reduce the extent of bare ground and potential erosion.
• To reduce sediment loading to Upper Creek.
In order to achieve the stated objectives, the project will conduct the following
activities:
• Slope 220-feet of stream bank back at a 1:1 slope to allow establishment of
riparian vegetation (Figures 4 and 5).
• Plant deep-rooted riparian vegetation such as dogwood, rhododendron, and
doghobble, and trees to stabilize the 245-feet segment of stream bank
(Figure 6).
• Install a rock vane to redirect streamflow away from the eroded stream bank
(Figures 7a - c).
Storm Recovery - ool ' N
Watershed Improvement t
Upper Creek VWG10
s: .
Proposed Action
Site Key:
ED = camp area
pool
= eroded bank
floodplain
standing tree high terrace
riffle ad
"I bars Q
(;??boulders
"end3e ' FSR 982
rock vane
0
m
BOO Drawing not to scale
4
Figure 4. Site plan `proposed action "for Upper Creek Dispersed Campsite Project. ivote
rock vane and sloping back of bank.
Access to the left bank will be via the dispersed camping area on the same side of the stream
channel, which has an area of 0.1 acres in compacted surfaces. Staging will occur at the
2
r
dispersed campsite and all materials will be stored at the site. Boulders will be temporarily
moved out of the way to access the left bank. Boulders will be replaced at the end of the
project to restrict access. To access the project site, heavy equipment will travel north from
the dispersed campsite and within a distance of 30 feet from the left bank for approximately
245 feet, the length of raw bank. Maximum potential area of disturbance will equal 7,350
square feet (0.17 acres), which is based on the length of raw bank and the a width of 30 feet
from the channel. At the toe of over-steepened banks proposed for sloping back at a 1:1 ratio
sediment fence will be placed at the toe of the bank to trap sediment and sand bags will be
placed at the water's edge to direct flow away from the site. It is likely that several small
sized trees would be removed during this activity. Equipment used at the site will be a
tracked excavator and a dump truck, which will haul up to 60 yd3 of soil from sloping back
220-feet of stream bank, to an off-site location on the forest.
Upper Creek
Typical of a Stream Bank to be
Sloped Back at a 1:1 Ratio
2 to 6 feet
Material being . ,?
removed
2 to 6 feet
ko
Sediment- .I S
fence
Water surface__- -' Sar d bags
ankfull elevation
Figure S. Conceptual design of an over-steepened bank proposed for sloping back at a 1:1
ratio for 220 feet of eroded stream bank.
3
Upper Creek VWG10
Typical of a Stream Bank
Sloped Back at a 1:1 Ratio and
Planted with Riparian
Vegetation
Water surface
KeT.
= planted trees
= grasses
planted shrubs: dogwood,
5 rhododendron, and dog hobble
Figure 6. Conceptual design of a bank sloped back at a 1:1 ratio and planted with
riparian vegetation.
/
i
/ B
/
f
Canatn W pad
Single Arm
d Rock Vane
footer rock / - on Alluvial Bed
x 3(r W-) s
-Plan View -
a
\ / 1
} /.. TN, ..? be
el.eam
' QO 30a an k
t
o
E tnan..
a?i 1 -kM xi
I.-
top rock
c, 3e•.dm?
Figure 7a. Typical of a Single Arm Rock Vane (plan view) to re-direct runoff away from
eroding banks.
4
Single Arm Rock Vane
on Alluvial Bed
-Cross-section View-
looking downstream
rooter WKS l>3e•am)
Figure 7b. Typical of a Single-Arm Rock Vane (cross section view).
Single Arm Rock Vane
on Alluvial Bed
-Profile View -
, .,.. ankfull elevation (Q-?,5) „ ,•••••• ,
o - top rocks >3s ?m
c
o m -
channel
profile
J
footer rocks p 3s-a.)
Figure 7c. Typical of a Single-Arm Rock Vane (profile view).
TEMPORARY BMP's
Because the total disturbance is less than 1 acre, NC Division of Land Quality does
not require an erosion and sediment control plan. To reduce erosion and
sedimentation of Upper Creek, the contractor will be instructed to implement the
following temporary BMP's:
A. Minimize the area of and degree of soil disturbance that reduces infiltration
capacity and permeability and destroys protective forest floor and ground cover.
5
E r
1. Work will be accomplished in stages so as to not expose large areas of bare
soil simultaneously.
2. Limit clearing of vegetation to the minimum required for the project.
B. Work activities would not be scheduled on rainy days.
C. 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.
2. Do not operate on wet soils when they are most susceptible to damage and
erosion.
3. Do not operate heavy equipment on over-hanging stream banks.
D. Install sand bags or sediment fences to trap potential sediment. Stabilize any
disturbed area at the end of each workday.
E. 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 biodegradable and
certified weed-free erosion matting at the end of each workday. Matting
will be secured in place with staples, stakes, or live stakes of trees where
conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground
disturbing activities to provide erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or
similar annual grain as work is completed.
F. Do not move sediment trap devices until the vegetation in the disturbed areas has
been established.
G. Stockpile any side cast on upland sites and contain within sediment fence.
H. Install sediment fences around the project area (including staging area) to direct
runoff away from the project area.
Sloping back stream bank
1. Install sediment fences at the toe of all disturbed banks to trap potential sediment.
J. Where site conditions allow, construct a berm of sand bags at the water's edge to
divert streamflow away from the project site.
In-stream structure
K. Minimize the number of times required to enter Upper Creek for the installation
of in-stream structure.
L. Cross the stream and conduct activities during periods of low flow.
M. 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.
N. Conduct visual inspections of Upper Creek while the work is being conducted to
inspect turbidity.
6