HomeMy WebLinkAbout20060094 Ver 1_COMPLETE FILE_20060117
Nlichacl F. Easley, Governor
William G. Ross Jr., ,Secretary
North Carolina Department of Lnvironment and Natural Resources
Van W. Klimek, P.13.Dircclor
Division of WatcrQuality
February 24, 2006
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Bent Creek Stabilization
DWQ Project # 06-0094
Buncombe County
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Approval of 401 Water Quality Certification with Additional 9.1 ° ? 6p
Dear Mr. Hilliard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 50 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 17, 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 Bculevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733.1786 / FAX 919-733-6893 / Internet: http //h2o.enr.state.nr, us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Paget of 6
February 24, 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 rnet.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 50 (feet) Bent 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.
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Pa-c3 of6
February 24, 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.
devices in wetlands and waters is
natural grade restored within six
Resources has released the project.
5. Certificate of Completion
If placement of sediment and erosion control
unavoidable, they shall be removed and the
months of the date that the Division of Land
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.
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.
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
Bent Creek
PaoA of 6
1'cbruary 24, 2006
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
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. 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.)
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.
BcntCrcck
Na,,e> of 6
Pcbruary 24, 2006
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. 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.
17. 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,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
Bent Urcck
Pagc6 of6
February 24, 2006
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 Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
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: 06-0094.USFS.BentCreek.Approval
Triage Check List
Date: 1/19/06 Project Name: Bent Creels Bank Stabilization
DWQ #:06-0094
County: Buncombe
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/17/06 to 3/18/06
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!
"""°• United States Forest National Forests in 160A Zillicoa Street
?K?? Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
File Code: 2530-3
Date: January 6, 2006
Cyndi Karoly
North Carolina Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC
27699-1650
Dear Ms. Cyndi Karoly:
20060094
This letter is to request Section 401 Water Quality Certification for U.S. Forest Service project:
Bent Creek Bank Stabilization (VWP37). Located on the Pisgah National Forest in Buncombe
County, North Carolina, this project is situated on Bent Creek, a tributary to-the French Broad
River, within the French Broad River Basin. Storms from the 2004 hurricanes resulted inSO 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.
• Construct a large woody debris complex in the bank to reduce the risk of erosion and
provide improved aquatic habitat.
• Plant deep-rooting riparian vegetation to stabilize the bank and restore riparian
charateristics.
An application for 404 Nationwide Permit #13 has been submitted to the U.S. Army Corps of
Engineers for this project and a copy of the application has been sent to Mr. David McHenry
with NC Wildlife Resources Commission for his review and comment.
Enclosed are the following materials:
• 5 copies of the PCN/Application for 404, Nationwide Permit #13.
• 5 copies of the vicinity map and site plans for the project.
• A check made payable to the Division of Water Quality for $200.00.
If you require any additional information, please contact me at 828-257-4214.
Sincere,
rN. Dodd
Forest Hydrologist
JAN 1 '? X006
cc: NC Storm Recovery Team
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Caring for the Land and Serving People Printed on Recycled Paper
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Office Use Only: Form Version May 2002
20060
USACE Action ID No. DWQ No. 0 9 4
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
i
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 13
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: ?
IL Applicant Information
1. Owner/Applicant Information JAN 1 7 2006
Name: Marisue Hilliard (Forest Supervisor) DEFJR-WATFh +
Mailing Address: U.S. Forest Service -t + S URtdWATER ERkXH
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: bdodd0fs.fed.us
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 II 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: Bent Creek Bank Stabilization (VWP37)
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: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Project site is in the Bent Creek watershed southwest of the town of Asheville, NC. From
Asheville take Interstate 26 south to State route 191 south to State route 1129. Follow this
route to the Lake Powhatan area, and take the Bent Creek Gap Road FSR479 southwest to
the gated road on the left that accesses trail numbers 337 and 336 near Beaten Branch.
Continue about 350 feet to within 50 feet of the ford that crosses Bent Creek the site is
located to the right on the left downstream bank.
5. Site coordinates, if available (UTM or Lat/Long):
(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): Pisgah Ranger District (235,576 acres)
7. Nearest body of water (stream/river/sound/ocean/lake): Bent Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr.state.nc.us/adinin/maps/.)
2
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: A 50 feet section of the left bank of Bent Creek has
experienced notable stream bank erosion as a result of the 2004 flood events and a disturbed
stream bank. This site has a high risk of slumping in the near future. If this occurs,
sedimentation would be delivered to the Bent Creek channel and Lake Powhatan.
10. Describe the overall project in detail, including the type of equipment to be used: This
project proposes to implement stream bank stabilization techniques to improve stability of
the eroding bank. Work would include the following: 1) Install sandbags or silt fence at the
toe of the bank where sediment could reach the stream. 2) Pull back bank to a 1:1 slope for
the 50' length. 3) Place two boulder size rock at the toe of the bank, dug into the bed about
2/3 their heir7ht, about 30 feet apart. 4) Place a 25 to 30' long log atop the boulders and
against the bank. 5) Place a third boulder at the toe of the bank and against the upper end of
the log, ug into the bed about 1/3 its height. 6) Place branches in the gaps between the log
and the bank. 7) Place two 15' long logs with root wads, on top of the bottom log, with root
wads facing the channel and the stems anchored into the bank. 8) Place erosion control
matting on the disturbed bank. 9) Place a 35 to 40' long log with root wad against the bank on
top of the other three. 10) Scarify the compacted surface, about 0.03 acres. 11) Plant the bank
and scarified area with trees and shrubs. 12) Seed and mulch all disturbed soil (see attached
site plan). Equipment used at the site includes a tracked excavator equipped with an
opposable thumb for grabbing and manipulating large wood. A log truck will be required to
haul four logs (with root wads) to the site, and a dump truck to haul five medium sized
boulders (2 to 3' average size) and haul away up to 180 yd3 of soil from sloping back 50 feet
of stream bank to an off-site location.
11. Explain the purpose of the proposed work: Stabilize the streambank and reduce erosion and
sedimentation into Bent 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 detennine, 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 Bent 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 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, fill,
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://ww\v.fcma.eov.
*** 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 secif
Site 1 Stream bank
stabilization 50 Bent Creek 12 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.usas.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.mapnucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 50 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.): N/A
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:
5
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 to reduce streainbed disturbance during the construction of the woody
debris complex structure. The tracked excavator will work from the bank and not cross the
stream channel, 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. Sand bags will placed at the toe of the slope, where sloping back will take place, to
divert flow away from the site. Sediment fence 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 fence.
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
littp://112o.enr,state.nc.us/ncwetIands/stnnaide.litml.
6
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.
N/A
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 littp://li2o.enr.statc.nc.us/wi-n/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 Enviromnental 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 )?
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 3U feet perpendicular from near bank of channel; Zone l extends an
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 / Elillancernent, 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)
8
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.
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):
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).
Appficant/Agent's Signature Dlite
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
9
"?^•,?, United States Forest National Forests in
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 Arrny Corps of
Engineers, and Section 401 Water Quality Certification to the North Carolina Division of Water
Quality.
r
i
MARISUE HILLIARD
Forest Supervisor
%9@%V9J
2pG6
JAN 1 ?
oe w a3 o sTO?ti"N?1E ?e icn
w?
$ ? y
Caring for the Land and Serving People Printed on Recycled Paper 0
Figure 1. Photo of erosion of
1 _ 1 1
2004 Storm Recovery
Bent Creek Bank Stabilization (VWP37)
SITE PLAN
Brady Dodd, NFsNC Hydrologist, January 6, 2006
Background
This storm recovery project is located on Bent Creek
Pisgah Ranger District in Buncombe County, North Ca
Bent Creek is a tributary to the French Broad River, of
This reach of Bent Creek is located above Lake Pow]
state as waters protected for the following uses: aquati
of biological integrity, wildlife, and primary recreati
basis). In addition to these protected water uses, water
source to Powhatan Dam is to be maintained and pros
trout propagation and survival of stocked trout on a yea
Historically, the Bent Creek watershed was logged
Logging activities likely increased hillside erosion a.
to the stream channel network. Farming and vallc
reaches to be straightened from their natural mear
erosion and runoff to channels. Since that time, w
have improved with the regrowth of vegetation. Ho
Bent Creek and its tributaries remain in unstable cone
1 the Pisgah Nation al Forest,
?lina (Site Map in A ppendix).
ie French Broad Ri ver Basin.
ttan and is designated by the
life propagation an d survival
n (swimming on a frequent
duality in Bent Cree k from its
cted to sustain and allow for
round basis.
the valley bottom farmed.
inoff of sediment and water
Atom roads caused channel
pattern, and also increased
hed and channel conditions
;r, several stream reaches in
Dispersed camping and intense day use have impacted this site in Bent Creek. This
use has trampled the stream bank and caused a loss of stream bank vegetation. These
conditions resulted in a bank prone to erosion prior to the 2004 storms. The 2004
storms caused 50 feet of bank undercutting and erosion, and accentuated the disturbed
condition of the area (Figures 1 and 2).
2004 Storm Recovery
Watershed Improvement
gate tJ Storm Recovery
Watershed Improvement
Bent Creek Bank Stabilization
Current Condition
m
c \
uses well
O O °i
#
well
J?
Site Key:
o
= Bank erosion mpac nd
®
area - no vegeta ron oak
O = Compacted area ank eros
=Standing tree .;;
vegetated area 1
Point bar
Photo
= Down tree point
C SP3
P?
Z5
-
co
FlDravving not to scale
Figure 2. Site plan "current condition "for Befit Creek Bank Stabilization Project.
Planned Work
The Bent Creek Bank Stabilization project intends to achieve the following
objectives:
1) To stabilize about 50 feet of stream bank.
2) To reduce the extent of bare ground and potential erosion.
3) To reduce sediment loading to Bent Creek.
In order to achieve the stated objectives, the project will conduct the following
activities (consult Figures 3 - 5):
1) Install sandbags or silt fence at the toe of the bank where sediment could reach
the stream.
2) Pull back bank to a 1:1 slope for a 40' length to allow establishment of
riparian vegetation.
3) Place two boulder size rock at the toe of the bank, dug into the bed about 2/3
their height, about 30 feet apart.
4) Place a 25 to 30' long log atop the boulders and against the bank.
5) Place a third boulder at the toe of the bank and against the upper end of the
log, dug into the bed about 1/3 its height.
2003 Storm Recovery
Watershed Improvement
6) Place branches in the gaps between the log and the bank.
7) Place two 15' long logs with root wads, on top of the bottom log, with root
wads facing the channel and the stems anchored into the bank.
8) Place erosion control matting on the disturbed bank.
9) Place a 35 to 40' long log with root wad against the bank on top of the other
three.
10) Scarify the compacted surface, about 0.03 acres.
11) Plant the bank and scarified area with trees and shrubs.
12) Seed and mulch all disturbed soil.
Figure 3. Conceptual design of an over-steepened bank proposed for sloping back
at a 1:1 ratio for 50 feet of eroded stream bank.
2004 Storm Recovery Watershed Improvement I
.. Ford xing
O uscsw.n
scarify compacted.--
surface & lant w/
s r b s
T
log w/ rootwad
laced over
otwads logs w/ rootwa s
anchored into bank slope bac c
Site Kevt vertical bank for
\> 30 - 40 feet & plant
wl trees & shrubs
c .'i lb rP1a? log ? .., )
ocddefs, laced
eet/ 1
/34n Si reahiT t'
O = Placed agdlns' n og;placed on
boulders boulder bouldpc?ai
= Placed logs wl against bed ank u of
ads
roots and bank _
® = Bank erosion
O = Compacted a ea
j r
= Standing tre I
Storm Recovery
Watershed Improvement
=Down tree Bent Creek Bank Stabilization
Proposed Action
Plan view
LL
Figure 4. Site plan "proposed action "for Bent Creek Bank Stabilization project.
Storm Recovery
Watershed Improvement
Bent Creek Bank Stabilization
Proposed Action
Side view
Place
stash Lx¢'e'tbgtwad La gB iobhyad
in gaps with 15' lorig stem with'15' long item lope ba k
behind anchored iih ban anchored In Bank 1;1 &p ant
log WitOlilder - bankfu l ele atlon wlboulder
w?rcer '
25.30' long x a18'1
diameter log
channel bottom
3 feet average size boulders, 3 each, Fiow
direction ----------
partially embedded Into bed
Figure 5. Side view sketch of "large woody debris complex" structure.
2004 Storm Recovery
Watershed Improvement
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 about 0.03 acres in compacted surface. Staging
will occur on the sides of the gated access road and all materials will be stored at the
site. Maximum potential area of disturbance will equal no more than 0.1 acres,
including the area of bank disturbance and scarification. At the toe of the eroded
bank proposed for sloping, sediment fence will be placed to trap sediment and sand
bags will be placed at the water's edge to direct flow away from the site (Figure 5).
Other planned mitigation to disturbance is presented below in the "Temporary BMP"
section.
Equipment used at the site includes a tracked excavator equipped with an opposable
thumb for grabbing and manipulating large wood. A log truck will be required to
haul four logs (with root wads) to the site, and a dump truck to haul five medium
sized boulders (2 to 3' average size) and haul away up to 180 yd3 of soil from sloping
back 50 feet of stream bank to an off-site location.
2004 StormAccovery Watershed Improvement
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 Bent Creek, the contractor will be instructed to implement the
following temporary BMP's:
General
A. Minimize the area and degree of soil disturbance that reduces infiltration capacity
and permeability and destroys protective forest floor and ground cover.
1. Work will be accomplished in stages 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,
to reduce the risk of fine-grained sediment, 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 and/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 fence around the project area (including staging area) to direct
runoff away from the project area.
Sloping back stream bank
1. Install sediment fence 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.
2004 Storm Recovery
In-stream structure
watershed Improvement
K. Minimize the number of times required to enter Bent Creek for the installation of
in-stream structure.
L. 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 Bent Creek while the work is being conducted to
inspect turbidity.
2004 Storm Recovery
Watershed Improvement
APPENDIX
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S? ,/,??t??}1 ?, ,? ,,,r? 1 ?'/?? `_r _`?___ _Y!; _ _i?;\`'??? ??rr,??':I r :??-,?\?` '?v' ?f?? p4 ,? ?l,)•
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.f ?r? `Jr??f-.n _ ' '??•--•?. \,??•??• ,4?;.-,? _- -_--???4, II 1-. l l1- / f J ?'.r- J ? , ? ? ??
Bent Creek Bank Stabilization Pro'ect• r :• I , ? •?` G' ?;,??'''
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 2 0 ne3o n n A
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Pen-nit ? 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 13
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 E 12 -, 0 W I r
-'
1. Owner/A licant Information
pp
Name: Marisue Hilliard (Forest Supervisor) JAN 1 7 7006
Mailing Address: U.S. Forest Service
rv - wA tlt QUALITY
National Forests in North Carotin,4?T11t.;?snr,?Gr6,?„?'si1Tt,?v°?•,n,;?
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
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 II 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: Bent Creek Bank Stabilization (VWP37)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Project site is in the Bent Creek watershed southwest of the town of Asheville, NC. From
Asheville take Interstate 26 south to State route 191 south to State route 1129. Follow this
route to the Lake Powhatan area, and take the Bent Creek Gap Road FSR479 southwest to
the gated road on the left that accesses trail numbers 337 and 336 near Beaten Branch.
Continue about 350 feet to within 50 feet of the ford that crosses Bent Creek, the site is
located to the right on the left downstream bank.
Site coordinates, if available (UTM or Lat/Long):
(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): Pisgah Ranger District (235,576 acres)
7. Nearest body of water (stream/river/sound/ocean/lake): Bent Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.cnr.st itc.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: A 50 feet section of the left bank of Bent Creek has
experienced notable stream bank erosion as a result of the 2004 flood events and a disturbed
stream bank. This site has a high risk of slumping in the near future. If this occurs,
sedimentation would be delivered to the Bent Creek channel and Lake Powhatan.
10. Describe the overall project in detail, including the type of equipment to be used: This
project proposes to implement stream bank stabilization techniques to improve stability of
the eroding bank. Work would include the following: 1) Install sandbags or silt fence at the
toe of the bank where sediment could reach the stream. 2) Pull back bank to a 1:1 slope for
the 50' length. 3) Place two boulder size rock at the toe of the bank, dug into the bed about
2/3 their height about 30 feet apart. 4) Place a 25 to 30' long log atop the boulders and
against the bank. 5) Place a third boulder at the toe of the bank and against the upper end of
the lop,, dug into the bed about 1/3 its height. 6) Place branches in the gaps between the log
and the bank. 7) Place two 15' long logs with root wads, on top of the bottom log, with root
wads facing the channel and the stems anchored into the bank. 8) Place erosion control
matting on the disturbed bank. 9) Place a 35 to 40' long log with root wad against the bank on
top of the other three. 10) Scarify the compacted surface, about 0.03 acres. 11) Plant the bank
and scarified area with trees and shrubs. 12) Seed and mulch all disturbed soil (see attached
site plan). Equipment used at the site includes a tracked excavator equipped with an
opposable thumb for grabbing and manipulating large wood. A log truck will be required to
haul four logs (with root wads) to the _site, _anda dump truck_ to haul five medium sized
boulders (2 to 3' average size) and haul awav un to 180 vd' of soil from sloping back 50 feet
of stream bank to an off-site location.
11. Explain the purpose of the proposed work: Stabilize the streambank and reduce erosion and
sedimentation into Bent 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.
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 Bent 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 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, fill,
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 httu://ww\v.fema.cov.
*** 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 ecif
Site 1 Stream bank
stabilization 50 Bent Creek 12 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
wvvw.usti sXov. Several intcrnct sites also allow direct download and printing of USGS maps (e.g., www.toporonc.com,
www.mnpqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 50 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 arc 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater 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 to reduce streambed disturbance during the construction of the woody
debris complex structure. The tracked excavator will work from the bank and not cross the
stream channel, and will only operate when soil conditions are dry. A hydrologist or soil
scientist will designate entry points to the project sites. Over-hang and cut banks will be
avoided. Sand bags will placed at the toe of the slope, where sloping back will take place, to
divert flow away from the site. Sediment fence 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 fence.
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 peremiial
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
littp://li2o.enr.state.nc.us/ncwctlands/stnn:;ide.html.
I . 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.
N/A
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 litti)://h2o.eiir.stite.nc.us/wi-p/iiidex.litili. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A'
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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
Lone 1 extends out 3U teet perpendicular from near bank of channel; Lone l extends an
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)
8
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):
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).
Appficant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
9
o L? United States Forest National Forests in 160A Zillicoa Street
Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
828-257-4200
File Code: 1230
Route To: (2500)
Date: October 12, 2005
Subject: Delegation of Authority
To: Brady Dodd
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.
?t/
f , ],L/,(
i
MARISUE HILLIARD
Forest Supervisor
S *10?
%a
Caring for the Land and Serving People Printed on Recycled Paper
2004 Storm Recovery Watershed Improvement
Bent Creek Bank Stabilization (VWP37)
j I
SITE PLAN
Brady Dodd, NFsNC Hydrologist, January 6, 2006 `
Background
This storm recovery project is located on Bent Creek on the Pisgah National Forest,
Pisgah Ranger District in Buncombe County, North Carolina (Site Map in Appendix).
Bent Creek is a tributary to the French Broad River, of the French Broad River Basin.
This reach of Bent Creek is located above Lake Powhatan and is designated by the
state as waters protected for the following uses: aquatic life propagation and survival
of biological integrity, wildlife, and primary recreation (swimming on a frequent
basis). In addition to these protected water uses, water quality in Bent Creek from its
source to Powhatan Dam is to be maintained and protected to sustain and allow for
trout propagation and survival of stocked trout on a year-round basis.
Historically, the Bent Creek watershed was logged and the valley bottom farmed.
Logging activities likely increased hillside erosion and runoff of sediment and water
to the stream channel network. Farming and valley bottom roads caused channel
reaches to be straightened from their natural meander pattern, and also increased
erosion and runoff to channels. Since that time, watershed and channel conditions
have improved with the regrowth of vegetation. However, several stream reaches in
Bent Creek and its tributaries remain in unstable condition.
Dispersed camping and intense day use have impacted this site in Bent Creek. This
use has trampled the stream bank and caused a loss of stream bank vegetation. These
conditions resulted in a bank prone to erosion prior to the 2004 storms. The 2004
storms caused 50 feet of bank undercutting and erosion, and accentuated the disturbed
condition of the area (Figures 1 and 2).
2004 Storm Recovery
g.l.
usos wall
0 0
well
Site Key:
® =Bank erosion ompacl
2
O = Compacted area
= Standing tree
vegetated area
= Down tree
74
I Drawing not to scale
Figure 2. Site plan "current condition "for
Planned Work
Watershed Improvement
Storm Recovery
Watershed Improvement
Bent Creek Bank Stabilization
a
s?pL'j
point
Bank
Project.
The Bent Creek Bank Stabilization project intends to achieve the following
obj ectives:
1) To stabilize about 50 feet of stream bank.
2) To reduce the extent of bare ground and potential erosion.
3) To reduce sediment loading to Bent Creek.
In order to achieve the stated objectives, the project will conduct the following
activities (consult Figures 3 - 5):
1) Install sandbags or silt fence at the toe of the bank where sediment could reach
the stream.
2) Pull back bank to a 1:1 slope for a 40' length to allow establishment of
riparian vegetation.
3) Place two boulder size rock at the toe of the bank, dug into the bed about 2/3
their height, about 30 feet apart.
4) Place a 25 to 30' long log atop the boulders and against the bank.
5) Place a third boulder at the toe of the bank and against the upper end of the
log, dug into the bed about 1/3 its height.
i
I
I I
2004 Storm Recovery
Watershed Improvement
6) Place branches in the gaps between the log and the bank.
7) Place two 15' long logs with root wads, on top of the bottom log, with root
wads facing the channel and the stems anchored into the bank.
8) Place erosion control matting on the disturbed bank.
9) Place a 35 to 40' long log with root wad against the bank on top of the other
three.
10) Scarify the compacted surface, about 0.03 acres.
11) Plant the bank and scarified area with trees and shrubs.
12) Seed and mulch all disturbed soil.
Figure I Conceptual design of an over-steepened bank proposed for sloping back
at a 1:1 ratio for 50 feet of eroded stream bank.
2004 Storm Recovery
Watershed Improvement
' ?pordxin9
0 uscswrn
scarify compacted..
surface & lanf w/
s rbs .,
J r•
'? log w/ rootwad t( t - -
nlaend nvor
?
=
Placed
O
boulders
boulder
=Placed logs w/ against be
roots and bank
e =Bank erosion
O = Compacted a ea }
=Standing tre II
I
= Down tree
e
LL
logs wl rootwa s
anchored into bank slope bac
vertical bank for
?_- 30 - 40 feet & plant
trees & shrubs
f13Jajn laced f .. ?.
strvai'?c ,mil r
agdlnsLNn ?og.pfaced on
boulders -Ogainc
ads
Storm Recovery
Watershed Improvement
Bent Creek Bank Stabilization
Proposed Action
Plan view
Figure 4. Site plan "proposed action "for Befit Creek Bank Stabilization project.
Storm Recovery
Watershed Improvement
Bent Creek Bank Stabilization
Proposed Action
Side view
Place -
slash
In gaps
behind
log
bQtwad
orig stem
d in ban
lilder ankfu I Olin atlon
25.30' long x>18"
diameter log
V
Larg9'i6btwad
wlttt 15' long ctern
lopo ba
k
anchored In dank 1;1 &p and
w?boulder
wafer
channel bottom
3 feet average size boulders, 3 each, Flow
partially embedded into bed direction ----------?
Figure S. Side view sketch of "large ivoody debris complex" structure.
2003 Storm Recovery
Watershed Improvement
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 about 0.03 acres in compacted surface. Staging
will occur on the sides of the gated access road and all materials will be stored at the
site. Maximum potential area of disturbance will equal no more than 0.1 acres,
including the area of bank disturbance and scarification. At the toe of the eroded
bank proposed for sloping, sediment fence will be placed to trap sediment and sand
bags will be placed at the water's edge to direct flow away from the site (Figure 5).
Other planned mitigation to disturbance is presented below in the "Temporary BMP"
section.
Equipment used at the site includes a tracked excavator equipped with an opposable
thumb for grabbing and manipulating large wood. A log truck will be required to
haul four logs (with root wads) to the site, and a dump truck to haul' five medium
sized boulders (2 to 3' average size) and haul away up to 180 yd3 of soil from sloping
back 50 feet of stream bank to an off-site location.
2004 Storm Recovery
Temporary BMP's
Watershed Improvement
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 Bent Creek, the contractor will be instructed to implement the
following temporary BMP's:
General
A. Minimize the area and degree of soil disturbance that reduces infiltration capacity
and permeability and destroys protective forest floor and ground cover.
1. Work will be accomplished in stages 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,
to reduce the risk of fine-grained sediment, 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 and/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 fence around the project area (including staging area) to direct
runoff away from the project area.
Sloping back stream bank
1. Install sediment fence 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.
2004 Storm Recovery
In-stream structure
Watershed Improvement
K. Minimize the number of times required to enter Bent Creek for the installation of
in-stream structure.
L. 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 Bent Creek while the work is being conducted to
inspect turbidity.
2004 Storm Recovery
Watershed Improvement
APPENDIX
2004 Storm Recovery
Watershed Improvement
Storm Recovery Watershed Im
Bent Creek Bank Stabiliz
Site Map
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