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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 ,t f r 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