HomeMy WebLinkAbout20060928 Ver 1_COMPLETE FILE_20060605Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 5, 2006
DWQ Project # 06-0928 Version 2
Macon County
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Big Indian Trail Bridge
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hilliard:
This Authorization is being issued to correct a data error in your first authorization. You
have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 25 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 June 5, 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:
o ?k Qo p
c]tj L. + 1.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 tai ?i? - OA R Duct 5RANCH
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 'Ve AND5 STORK AT ft
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
_ ?2.„,?,
,, LEN
1. Impacts Approved
Big Indian Trail Bridge
Page 2 of 6
July 5, 2006
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 25 feet Nantahala River
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Big Indian Trail Bridge
Page3 of 6
July 5,2006
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 disturhina 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.
Big Indian Trail Bridge
Page 4 of 6
July 5, 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.)
Big Indian Trail Bridge
Page 5 of 6
July 5, 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 ma)t result-in-criminal-and/or-civil-penalties-T-be-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 1508 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.
Big Indian Trail Bridge
Page 6 of 6
July 5, 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,
?+R-Alan . Klimek, P.E., Director
Divi ion 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
Cyndi Karoly. DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0928.USFS.BigIndianTrailBridge.Approval
Subject: Re: DWQ 06-0928
From: Kevin Barnett <Kevin.Bamett@ncmail.net>
Date: Wed, 05 Jul 2006 15:56:59 -0400
To: Bev Strickland <bev.strickland@ncmail.net>
Hi Bev:
I goofed. It's a total of 25 feet of impacts (25 on each side of teh river which they added up to be 50, but it's only
25).
I will issue a version 2 and get out authorization straight.
Thanks,
Kevin
Bev Strickland wrote:
On the approval letter dated June 26, 2006 the impacts are different from the application and on the letters.
On the first page of the approval letters it has 30 feet of stream impact listed, on the second page of the letter
it lists 25 feet of impact and on the application it has 50 feet of impact. Could you please advise as to which
is the correct impacts for this site?
Thanks and sorry for the headache,
Bev
Kevin Barnett - Kevin.Barnett@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
......__..__..._....._..---......-- -----..... - ----..-.._....-----------------....-_
Kevin Barnett <Kevin.Barnett@ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
Subject: Re: DWQ 06-0928
From: Kevin Barnett <Kevin.Bamett@ncmail.net>
Date: Wed, 05 Jul 2006 14:01:18 -0400
To: Bev Strickland <bev.strickland@ncmail.net>
HI Bev:
Looks like I goofed. Will pull application and reveiw and amend as needed.
Thanks,
kevin
Bev Strickland wrote:
On the approval letter dated June 26, 2006 the impacts are different from the application and on the letters.
On the first page of the approval letters it has 30 feet of stream impact listed, on the second page of the letter
it lists 25 feet of impact and on the application it has 50 feet of impact. Could you please advise as to which
is the correct impacts for this site?
Thanks and sorry for the headache,
Bev
Kevin Barnett - K_evin_.Barnett@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Kevin Barnett <Kevin.Bamett@ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
Subject: DWQ 06-0928
From: Bev Strickland <bev.strickland@ncmail.net>
Date: Wed, 05 Jul 2006 11:18:58 -0400
To: Kevin Barnett <Kevin.Barnett@ncmail.net>
On the approval letter dated June 26, 2006 the impacts are different from the application
and on the letters. On the first page of the approval letters it has 30 feet of stream
impact listed, on the second page of the letter it lists 25 feet of impact and on the
application it has 50 feet of impact. Could you please advise as to which is the correct
impacts for this site?
Thanks and sorry for the headache,
Bev
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WaterQuality
June 26, 2006
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Big Indian Trail Bridge
DWQ Project # 06-0928
Macon County
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 30 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 June 5, 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: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
f'? 4:fLJ?Et'-?:
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
1. Impacts Approved
Big Indian Trail Bridge
Paget of 6
June 26, 2006
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 25 feet Nantahala River
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.
Big Indian Trail Bridge
Page 3 of 6
June 26, 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.
Big Indian Trail Bridge
. Page 4 of 6
June 26, 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.)
Big Indian Trail Bridge
Page 5 of 6
June 26, 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 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.
This letter completes the review of the Division
the Clean Water Act. If you have any questions,
DWQ Asheville Regional Office at 828-296-4657.
Big Indian Trail Bridge
Page 6 of 6
June 26,2006
of Water Quality under Section 401 of
please telephone Kevin Barnett in the
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
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
Cyndi Karoly. DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0928.USFS.BigIndianTrailBridge.Approval
o2@2aWRP
JUN 3;0 2006
DENR - WATER QUAUTY
MA4"AND STORMATER BRANCH
Triage Check List
Date: 6/12/06 Project Name: Big Indian Trail Bridge Construction
DWQ #:06-0928
County: Macon
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 6/05/06 to 8/03/06
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!
Office Use Only: Form Version March 05
f-.
C: n n ? 7 n
v
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for'this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? 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), che?k,here ? t j E-
II. Applicant Information 1' ii
JUN _ ? 2GG5
1. Owner/Applicant Information
C ENI -WO-ER Q?'AL) i Y
Name Marisue Hilliard (Forest Supervisor) T ?T. = 4 r ?:-.,:r}i
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: Big Indian 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: Macon Nearest Town: Franklin, NC
Subdivision name (include phaseflot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Franklin, NC,
proceed southwesterly on route 64 for approx.12 miles to the Wallace Gap Road. Proceed
left on this road for 2 miles to Forest Road 67. Turn right and proceed past Standing Indian
Campground Loops to the end of the asphalt surface of this road. Travel 3.8 miles to a gated
road on the right. Follow this road 400 feet to the bridge site.
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): 35.0105 ON 83.5526 °W
6. Property size (acres): The Wayah Ranger District is 134,900 Acres.
7. Name of nearest receiving body of water: Nantahala Lake, then Little Tennessee River
(Fontana Lake).
8. River Basin: Little Tennesee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 10
9. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application: This bridge site is located on the Nantahala River,
only a few miles north of the Georgia State Line. During the storms of 9/2004, high water
washed out two bridges that service this trail. By moving the site location about 150 ft. north,
only one bridge will be necessary for trail traffic. The planned new bridge will be a steel truss
design. This structure is used by hikers and many equestrian groups as well as sports people.
The stream banks have under brush of laurel and rhododendron and the over story canopy is
a hardwood conifer canopy.
10. Overall project description in detail including the type of equipment to be used:
The planned new bridge (because of its length) will be a steel truss bridge with railings
and treated lumber decking/running planks. The useable deck width will be 64" and have
a span of 60 feet. The structure will have cast in place concrete abutments. The north
abutment has vehicle access. Concrete will be pumped from the north side of the stream
to the south abutment via overhead pump hose. The contractor will be required to have
this hose double encased to prevent spillage. In-stream, temporary supports will most
likely be used at the time of setting the bridge. One half of the span will be set by a large
crane and mounted on the abutment and in-stream shoring and then the second half will
be set. This in-stream is usually a steel structure resembling an oversized sawhorse with
adjustable legs. After the span is in place, the shoring is removed. Excavation will be
necessary on both sides of the river in order to key in the first course of riprap into the
stream bank. 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 15`h -
April 15`h'
11. Purpose of the proposed work:
The Big Indian Trail Bridge will replace the bridges lost in the 9/2004 storms. The
bridge will provide for the myriad of public visitor traffic to this area. The trail is used by
recreationists of all types. Placement of the designed riprap will prevent erosion of the
abutments and bank erosion. The new bridge will afford a larger stream cross sectional
area in case of future high water and will sit approximately 2.25 feet higher than the 100
year storm event.
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,
Page 3 of 10
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. Riprap
placement is 25 feet on the north side of the stream, and 25 feet on the south side of the
stream. Excavation for this work is necessary to key the riprap into the creek bed in order to
prevent erosion. Total area for this work is 0.02 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
Floodplain
(es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
None N/A N/A No 0 0
Total Wetland Impact (acres) 0
Page 4 of 10
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
Perennial t?
Intermittent. Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
North Abutment Nantahala River Placing Riprap P 31 ft. 25 0.01
South Abutment Nantahala River Placing Riprap P 25 0.01
Total Stream Impact (by length and acreage) 50 0.02
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)
0 N/A None N/A 0
Total Open Water Impact (acres) 0
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.02
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.02
Total Stream Impact (linear feet): 50
Page 5 of 10
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
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
Page 6 of 10
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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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.nc.us/wm/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
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 ?
Page 7 of 10
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 Decision Memo 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 V 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.
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
Page 8 of 10
XI. Storm water (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 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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.ne.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
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).
Page 9 of 10
A Applicant/Agent's Signature Date
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
United States Forest
h - National Forests in 160A Zillicoa Street
S Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
828-257-4200
File Code: 1230 Date: November 21, 2005
Route To: (7100)
Subject: Delegation of Authority
To: Lynn L. Hicks, Engineering and Minerals Staff Officer
You are hereby delegated the authority to act as my Agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for road, bridge, culvert, and
facilities projects on the National Forests in North Carolina. You are authorized to make formal
application for all permits to the US Army Corps of Engineers, the North Carolina Division of
Water Quality, and the North Carolina Wildlife Resources Commission, provide all necessary
information, and sign all correspondence.
Include this letter as part of all applications for Section 404 permits to, the US Army Corps of
Engineers, North Carolina Division of Water Quality, and North Carolina Wildlife Resources
Commission.
MARISUE HILLIARD
Forest Supervisor
U?S
Caring for the Land and Serving People Printed on Recycled Paper ?M
Attachments for Permitting: Big Indian Trail Bridge
• Vicinity Map - 1 Page
• Location Map - 1 Page
• NEPA Documentation - 4 Pages
• Drawing: Plan/Profile w/ Riprap Detail (11" x 17")
ifr
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Big Indian Trail Midge:
Site #34 - 0.1 (1
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Big Indian Trail Bridge Site #34 - 0.1
Nantahala National Forest, Wayah Ranger District
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DECISION MEMO
BIG INDIAN TRAIL BRIDGE REPLACEMENT
WAYAH RANGER DISTRICT
NANTAHALA NATIONAL FOREST
FRANKLIN, NORTH CAROLINA
PROPOSED ACTION:
The proposed action is to replace two bridges that were previously part of the Big Indian
Trail in the Standing Indian area on the Wayah Ranger District near Franklin, North
Carolina.
EXISTING CONDITION AND PROJECT RATIONALE:
Prior to the occurrence of Hurricanes Ivan, Charlie, and Frances in the fall of 2004, two
trail bridges existed as part of the Big Indian Trail near its junction with Forest Service
(FS) Road #67. The trail bridges were located across the Nantahala River and Big Indian
Creek. During the heavy rains delivered by the three hurricanes, both trail bridges were
washed out.
I am making the decision to replace the two bridges with one new bridge across the
Nantahala River below the mouth of Big Indian Creek where it joins the river. In
addition to the placement of the new trail bridge, a short segment of new trail
(approximately 1000 feet) will be constructed through an existing grass meadow in order
to access the bridge from the trailhead at FS Road #67.
The placement of one bridge at the new location across the Nantahala River will negate
the need for two new bridges in the original locations.
METHODS AND PROJECT DESIGN:
The segment of new trail will be constructed using standard trail construction procedures
including tread construction with hand labor and any necessary vegetation brushing-out.
Cutting of any trees will be conducted outside the summer roosting season of the Indiana
bat (April 15-October 15). The new trail tread will be raised above the existing ground
level and will be four feet wide.
The new bridge will be constructed of log stringers, approximately four feet wide, with
hand railings. The design will be from standard Forest Service wooden trail bridge plans.
r* Y
REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION:
This project is categorically excluded from documentation in an Environmental Impact
Statement because no extraordinary circumstances exist that might cause the action to have
significant effects. The proposed action falls within Category 1 (trail construction and
reconstruction) under Forest Service Handbook 1909.15, Chapter 31, Section 2.
PUBLIC INVOLVEMENT:
This project has been described in the U.S. Forest Service NFs in North Carolina Schedule
of Proposed Actions (January, April, and July 2005).
The new location has been discussed with the Nantahala Hiking Club, and they approve of
the new bridge location.
FINDINGS REQUIRED BY OTHER LAWS OR REGULATIONS:
This decision complies with the Nantahala and Pisgah National Forest Land and Resource
Management Plan 1986-2000 (LRMP), as amended. It also complies with the management
requirements and mitigation measures contained in the Record of Decision of the Regional
Forester, John E. Alcock, for the Final Environmental Impact Statement for Vegetation
Management in the Southern Appalachian Mountains. It will not cause adverse effects to
wetlands, floodplains, public health and safety, nor will it violate any federal, state, or local law.
A Biological Evaluation (BE) for this project (Gary Kauffman, 9/22/05) found that the project is
not likely to adversely affect the Indiana bat (Myotis sodalist). No other federally listed or
proposed species will be affected. Project activities may impact individuals of five regional
forester's sensitive species: Speyeria diana, Viola appalachiensis, Plethodon teyahalee,
Cambarus georgiae, and Sorex palustris punctulatus, but will not result in a loss of viability for
these species across the Nanatahala/Pisgah National Forests. There will be no cumulative effect
to species viability for any sensitive species with implementation of the trail and bridge
construction. The project will not impact individuals of any other sensitive species. One locally
rare species, Eurycea longicauda longicauda, could occur within the activity area; project
actions may impact individuals of this species but would not result in the loss of any populations.
There will be no effects to any archeological resources. Archeological concurrence had been
received for the proposed action.
IMPLEMENTATION:
This decision pursuant to 36 CFR 215.12 (f) is not subject to appeal and may be implemented
immediately.
n < I
For additional information regarding this decision, please contact Sally Browning at the Wayah
Ranger District office, 90 Sloan Road, Franklin, North Carolina 28734, telephone (828) 524-
6441.
MICHAEXL WILKINS DATE
District Ramer
Enclosure
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Office Use Only: Form Version March 05
n
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? 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), check here: ?
II. Applicant Information `mot lc_?
Owner/Applicant Information
?
JUN 5 2006
Name Marisue Hilliard (Forest Supervisor)
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: Big Indian Trail Bridge Construction.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Macon Nearest Town: Franklin, NC
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Franklin, NC,
proceed southwesterly on route 64 for approx.12 miles to the Wallace Gap Road. Proceed
left on this road for 2 miles to Forest Road 67. Turn right and proceed past Standing Indian
Campground Loops to the end of the asphalt surface of this road. Travel 3.8 miles to a gated
road on the right. Follow this road 400 feet to the bridge site.
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): 35.0105 °N 83.5526 °W
6. Property size (acres): The Wa anger District is 134,900 Acres.
7. Name of nearest receiving body of water: Nantahala Lake, then Little Tennessee River
(Fontana Lake).
8. River Basin: Little Tennesee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
Page 2 of 10
9. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application: This bridge site is located on the Nantahala River,
only a few miles north of the Georgia State Line. During the storms of 9/2004, high water
washed out two bridges that service this trail. By moving the site location about 150 ft. north,
only one bridge will be necessary for trail traffic. The planned new bridge will be a steel truss
design. This structure is used by hikers and many equestrian groups as well as sports people.
The stream banks have under brush of laurel and rhododendron and the over story canopy is
a hardwood conifer canopy.
10. Overall project description in detail including the type of equipment to be used:
The planned new bridge (because of its length) will be a steel truss bridge with railings
and treated lumber decking/running planks. The useable deck width will be 64" and have
a span of 60 feet. The structure will have cast in place concrete abutments. The north
abutment has vehicle access. Concrete will be pumped from the north side of the stream
to the south abutment via overhead pump hose. The contractor will be required to have
this hose double encased to prevent spillage. In-stream, temporary supports will most
likely be used at the time of setting the bridge. One half of the span will be set by a large
crane and mounted on the abutment and in-stream shoring and then the second half will
be set. This in-stream is usually a steel structure resembling an oversized sawhorse with
adjustable legs. After the span is in place, the shoring is removed. Excavation will be
necessary on both sides of the river in order to key in the first course of riprap into the
stream bank. 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'
11. Purpose of the proposed work:
The Big Indian Trail Bridge will replace the bridges lost in the 9/2004 storms. The
bridge will provide for the myriad of public visitor traffic to this area. The trail is used by
recreationists of all types. Placement of the designed riprap will prevent erosion of the
abutments and bank erosion. The new bridge will afford a larger stream cross sectional
area in case of future high water and will sit approximately 2.25 feet higher than the 100
year storm event.
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,
Page 3 of 10
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. Riprap
placement is 25 feet on the north side of the stream, and 25 feet on the south side of the
stream. Excavation for this work is necessar they the riprap into the creek bed in order to
prevent erosion. Total area for this work is 0.02 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
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
None N/A N/A No 0 0
Total Wetland Impact (acres) 0
Page 4 of 10
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)
North Abutment Nantahala River Placing Riprap P 31 ft. 25 0.01
South Abutment Nantahala River Placing Riprap P 25 0.01
Total Stream Impact (by length and acreage) 50 0.02
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)
0 N/A None N/A 0
Total Open Water Impact (acres) 0
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.02
Total Stream Impact (linear feet): 50
Page 5 of 10
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
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
Page 6 of 10
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.ne.us/newetlands/strmp,ide.htmi.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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.nc.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
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 ?
Page 7 of 10
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 Decision Memo 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 V 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.
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
Page 8 of 10
XI. . Storm water (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 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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
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).
Page 9 of 10
.,`,/z ?/?
Applicant/Agent's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
• United States Forest
National Forests in 160A Zillicoa Street
Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
828-257-4200
File Code: 1230 Date: November 21, 2005
Route To: (7100)
Subject: Delegation of Authority
To: Lynn L. Hicks, Engineering and Minerals Staff Officer
You are hereby delegated the authority to act as my Agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for road, bridge, culvert, and
facilities projects on the National Forests in North Carolina. You are authorized to make formal
application for all permits to the US Army Corps of Engineers, the North Carolina Division of
Water Quality, and the North Carolina Wildlife Resources Commission, provide all necessary
information, and sign all correspondence.
Include this letter as part of all applications for Section 404 permits to the US Army Corps of
Engineers, North Carolina Division of Water Quality, and North Carolina Wildlife Resources
Commission.
MARISUE HILLIARD
Forest Supervisor
Caring for the Land and Serving People Printed on Recycled Paper ??
Attachments for Permitting: Big Indian Trail Bridge
• Vicinity Map - 1 Page
e Location Map - 1 Page
• NEPA Documentation - 4 Pages
• Drawing: Plan/Profile w/ Riprap Detail (11" x 17")
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JUN _ ,5 2006
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