HomeMy WebLinkAbout20060639 Ver 1_COMPLETE FILE_20060412OF W A TFR
Michael F. Easley, Governor
William G. Ross Jr., Secretary
C- r North Carolina Department of Environment and Natural Resources
g Alan W. Klimek, P.E. Director
Division of Water Quality
May 12, 2006
DWQ Project # 06-0639
Transylvania County
_Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750 MAY 2 2 2006
Subject Property: Pinks Beds Trial Bridge ? ATgT
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A
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 50 linear feet of streams for the purpose of
stream stabilization at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 21, 2006. After reviewing
your application, we have decided these impacts are covered by General Water Quality
Certification Number(s) 3494 (GC3494). The Certification (s) allows you to use
Nationwide Permit(s) 3 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 / Intemet: htto://h2o.enr.state nc.us/ncvvetlands
-L)EN,
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Pink Beds Trail Bridge
Page 2 of 6
May 12, 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 50 feet) Rich Branch
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.
I
Pink Beds Trail Bridge
Page 3 of 6
May 12, 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.
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.
Pink Beds Trail Bridge
Page 4 of 6
May 12, 2006
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 25-foot vegetated zone (as required under the Trout
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 25 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.)
Pink Beds Trail Bridge
f Page 5 of 6
May 12, 2006
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. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .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 1506 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.
Pink Beds Trail Bridge
Page 6 of 6
May 12, 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,
for Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3494
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Lynn L. Hicks, P.E.,
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: 06-0559.USFS.PinkBedsTraiIBridge.Approval
Triage Check List
Project Name: Pink Beds Trail Bridge QConstruction
# 06 0639
Date: 4/19/06
County: Transylvania
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 4/12/06 to 6/10/06
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 pre-application meetings?
Is the application consistent with pre-app
? Cumulative impact concern
11
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
elect to t placehis to hold,
reviewed for administrative as well as technical details. If y
this the Cenextral p office ntin interim
please ask the applicant to provide your requested inform discuto both
Raleigh as well as the Asheville Regional Office. 1'?ations. Please apprise me of any
procedure as we slowly transition to electronic app times, or lack of a "second
complications you encounter, whether related to workload, processing ways reviewer" as the triage process in Central had previously the electronic applications, le me know.
improve this process, especially so that we can plan for
Thanks!
,' DA united states Forest National Forests in North Carolina 160A Zillicoa Street
Department of Service Supervisor's Office P.O. Box 2750
Agriculture Asheville, NC 28802
828.2574200
File Code: 7720-3-2
Date: April 4, 2006
Cindi Karoly
North Carolina Division of Water Quality 2 0 0 0 0 6 0 8
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27669-1650
Dear Ms. Karoly;
Enclosed are seven (7) copies of a Pre-construction Notification (PCN) and a $200 application
fee for the construction of a new trail bridge across South Mills River, on the Pisgah Ranger
District of the Pisgah National Forest, in Transylvania County, o Carolina. The purpose of
the project is to replace a bridge destroyed by the remnants of Hurricanes Francis, Ivan, and
Jeanne which impacted the area in September 2004. This project includes construction of new
abutments, minor trail reconstruction, installation of a new prefabricated glue-laminated timber
bridge, rip-rap bank protection, and site restoration.
Based on our review of the authorized Nationwide Permits (NWP) we believe this project is
covered under NWP 3. As required by General Condition #3404 and PCN instructions, we are
requesting Section 401 water quality certification for this project. Concurrent with this
application, the PCN has been submitted to the US Army Corps of Engineers for Section 404
permit approval.
If you have any questions, concerns, and/or require additional information, please contact me or
my representative, Paul Cole, at the following numbers;
Lynn Hicks (828)257-4243,e-mail-11hicks@fs.fed.us
Paul Cole (828) 257-4232, e-mail - pcole@fs.fed.us
Sincerely,
L. HICKS, PE
Engineering, Minerals, and
Telecommunications Staff Officer
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APR 2006
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
f._
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: #3
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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), c two
l r0?/J 1155
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II. Applicant Information
APR 1 2 2006
Owner/Applicant Information D f,???YA IRQUALITY
Name Marisue Hilliard (Forest Supervisor) i3 tftWT9M*a
Mailing Address: US 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: Lynn Hicks (Forest Engineer)
Company Affiliation:
Mailing Address: US Forest Service
National Forests in North Carolina
P.O. Box 2750
Asheville NC 28802-2750
Telephone Number: 828-257-4243 Fax Number: 828-257-4884
E-mail Address: lhicks@fs.fed.us
Page 1 of 10
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: Pink Beds Trail Bridge Construction.
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: Transylvania Nearest Town: Brevard, NC
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Brevard NC,
proceed northerly on routes 64/276 to the intersection of route 64 and 276. Proceed westerly
on route 276 for 17 miles to the Pink Beds Trailhead Parking. The bridge site is located at
mile post 2.5 miles on the Pink Beds Trail.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3798 ON 82.7593 °W
6. Property size (acres): The Pisgah Ranger District is 234,576 Acres.
7. Name of nearest receiving body of water: North Mills River
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 littp:Hh2o.enr.state.ne.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:
Page 2 of 10
The project bridge site spans South Mills River in the area of the Pisgah Ranger District
known as the "Cradle of Forestry in America. The previous bridge was washed out in
the flooding of September 2004. The trail from the parking area passes through stands of
hardwood and mixed conifer timber, with under brush of laurel, rhododendron and other
species. The soils are sandy silts of depths up to several feet, overlying clayey soils of .
cobble rock. This trail loop is used by thousands of visitors each year to view the unique
flora in the area, (the pink flower).
10. Overall project description in detail including the type of equipment to be used:
This project consists of replacement of the old bridge with a 35 foot span consisting of a
glued-laminated longitudinal slab. The abutments will be concrete and the abutments
protected by riprap as shown in the enclosed plans. No in-stream shoring anticipated for
use in the placement of this bridge deck Access from the parking area to the bridge site.
is via the existing trail. A shorter trail into the site exists at the end of the Yellow Gap
Road. It is anticipated that the abutments will be excavated either by hand labor or by a
small trail's type excavator. Erosion and sedimentation control will be maintained
throughout this project primarily through proper water management, construction
sequencing, proper staging and stockpiling material, and the maintenance at all times, of
suitable channel capacity for expected flow events. No equipment, fuels, lubricants, or
other potential sources of water pollution will be stored in areas that could be flooded
during this project. Work within the wetted perimeter of the stream will not be allowed
from October 15th -April 15`h.
Care will be taken that no concrete is spilled into the creek. and sedimentation control
will be maintained throughout this project primarily through proper water management,
construction sequencing, proper staging and stockpiling material, and the maintenance at
all times, of suitable channel capacity for expected flow events. No equipment, fuels,
lubricants, or other potential sources of water pollution will be stored in areas that could
be flooded during this project.
11. Purpose of the proposed work:
The replacement of the existing bridge is necessary in order to maintain the loop trail and
access the area. Placement of the designed riprap will prevent erosion of the abutments.
The new bridge will afford a larger stream cross sectional area in case of future high
water. The new bridge will afford safe accessibility by our usual hikers, fisherman and
forest visitors.
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
Page 3 of 10
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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; Placement of Riprap. There
will be excavation of a two depth along the stream edge in order to key in the toe of the
Riprap No in-stream shoring is proposed for this site. See detail sheet 6/7. Approximately
0.1 Acres.
2. Individually list wetland impacts. Types of 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. N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year la
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
None None N/A No N/A 0
Page 4 of 10
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls,
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.
To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Intermittent. Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Abutment 1 N.Mills River Riprap Placement P 17 24 0.05
Abutment 2 N.Mills River Riprap Placement P 17 26 0.05
Total Stream Impact (by length and acreage) 50 0.10
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A N/A None N/A 0
Total Open Water Impact (acres)
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.1
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.1
Total Stream Impact (linear feet): 50
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation: No Pond Creation for this project: 0 Acres
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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. See III, 10, above.
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
Page 6 of 10
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 January 15, 2002, 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 NCEEP 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/stmiaide.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 i$ needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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
Page 7 of 10
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. 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 ?
NEPA Project Data Form is attached.
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 8 of 10
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
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.
Contract requires portable sanitation facilities for employees.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No Z
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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
Page 9 of 10
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).
/
pplicant/Agent's Signature Date
is signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Attachments for Pink Beds Permit:
• Delegation of Authority Letter
• Vicinity Map
• Location Map
• NEPA PDF documentation form
• 11" x 17" Plan/Profile of project bridge
United States Forest National Forests in 160A Zillicoa Street
WPI Department of Service North Carolina P.O. Box 2750
3a,°Usk a
Agriculture Asheville, NC 28802
828-257-4200
File Code: 1230 Date: November 21, 2005
Route To: (7100)
Subject: Delegation of Authority
To: Lynn L. Hicks, Engineering and Minerals Staff Officer
You are hereby delegated the authority to act as my Agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for road, bridge, culvert, and
facilities projects on the National Forests in North Carolina. You are authorized to make formal
application for all permits to the US Army Corps of Engineers, the North Carolina Division of
Water Quality, and the North Carolina Wildlife Resources Commission, provide all necessary
information, and sign all correspondence.
Include this letter as part of all applications for Section 404 permits to the US Army Corps of
Engineers, North Carolina Division of Water Quality, and North Carolina Wildlife Resources
Commission.
MARISUE HILLIARD
Forest Supervisor
U?S y
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APR X 2 2006
WbMI
PROJECT DESCRIPTION FORM
RANGER DISTRICT: -Pisgah
PROJECT NAME: Pink Beds Loop Trail Bridge 118.1.9
Pink Beds Loop Trail Bridge 118-2.5
STORM DATABASE
PROJECT UID: 1754, 1755
Describe the condition of the site prior to the hurricane events.
Trail bridges in good condition.
Describe the storm damage to this site.
Storm-related flooding destroyed bridges.
Betterment Justification:
Return bridges to original condition.
Is the project in the Work Plan?
Has the IMT reviewed and approved the project?
X' Yes No NA
X Yes No NA
What level of NEPA documentation was required?
Maintenance CE (no additional documentation required -- FSH 1909.15,
Chapter 30, Section 31.12, Category 4, Repair and maintenance of
x roads, trails, and landline boundaries.)
Decision Memo
EA
Date completed: 2/21/2006
Has IMT received Proposed Action Form? X Yes No NA
Did the project require a BE? X* Yes No NA
Does the project require a cultural survey? X Yes No NA
Have required surveys been completed? X Yes No NA
Was a design package required? X Yes No NA
If yes, has the package been approved? X Yes No NA
Prepared By: Jeffrey M. Magniez,NEPA Writer
* Bridge replacement is associated with designated trout streams. The trout moratorium applies
here - work will not be conducted during October 15 through April 15 (spawning period), on rainy
days, or at elevated levels of flow.
1
I have reviewed the information noted above and I recommend that this project be implemented.
RAND,ALL BURGESS
Pisgah Ranger District
District Ranger
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