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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 JUN ?r1G6 ? We ? i eni i LL?` 1 Big Indian Trail Midge: Site #34 - 0.1 (1 I 'A V, Kp 1, l ? ? J ` ?F X -\j l eB 13ti t, t ??? i -1 Zt ? , }• ,f ? ? ??? t ) ? ? L t/f,+rl jl i f ,i (/?l?i ??? , ??SS99 ': r?i.=-' J? ,? `? ? td\?, j?i i (? Case knif?G'Ip Scale: 1.8" =1 Nile Big Indian Trail Bridge Site #34 - 0.1 Nantahala National Forest, Wayah Ranger District rti r: N 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 --1* rG N? WtK C.wkp ? GvDbkp h NddwRd io Cdwr a'wk I. D/ Linden IX.1M1£ 1 R. JS' 8 . 3771w=52 L . 3L + 999.33 yaE1tra p.1'''L,a^S^TA. ' Is* sm CP 1 Pli l''Q dIl Norlhbg - SCQDO [aNNq - WO.w RMIm . laoaw' (rop or Rrbor) ga? ICON tar s 1000 771 - 617 - ?.y . Y -8• (fjp P-Gh 7nR Lmbonk-t . 77 C7 Rj,xtD' Ca.r 5 (ryP.f iDIIA'pkroN hm (.e5rp Rwoonr M Sibirct to Grope 1p G Po F n .t.rkl. E+odm warqq SW F fff ew FoaOnps MJ WarY Sw nal at /"rbricnd LA11W 1M ihd FoetNq Q. AA.-N No. B- 0.frmN.e h 1h. AaM. J STA. 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[Rol R,owk-7 Or-Ud Snow Load • 70 KF (iMM No Mod6kc4kn Feetwd 4on Longth . 410''0• (Q S.YN-To-f Own) C1oor Y8dtb . 3'-1• (Sw TypW S ctW) Nigh Walrr Clramw . 2'-D' W, r. &EVA,MH rbh 910 Rw rw,v Plonkr .[NON] bidpo Rad Woa. CpwkV . [121 ACA Ndndraa . [Nn] R'PMP Rock A,-X* q . MASS 3 (FP-O3) h-3tro" Shwln9 N S rm1F . [Mond) . . Doak Plmb • Wrdoddaq i addq. Rib Rdl/Honokdl UnhwaW R . [RwIMOd?AeNn d CCdar] Tnww ?? ??o 1hV.w W1 - [R'd°oCh=hh LVACMND3pp TYPICAL RIPRAP SECTION Nw.: X* • I'-0' Ceara f°" NA'rANA.A NA110NAL F0P,?5-r rko-?cT; " L-AYOUT ;u$ '? U15,nA ?0 5? S??IIC? pTGION 8 ?AYAI-I I:ANG?I: nIS?:IC1' SIG I?plf?l ??I? ??InG? t??l I?OI ???OIIO) z S RMt ? KIM5?Y, fft? INPIAN & SIG INDIAN VAS PW6 + 937.73 } 639.11 aM,am/ dot BanlYni 999.17 P VEM ! T T STA. D+W ,1.??4 (Matak Cdobnq 0.44110.0 ICCO'd) x I d BRIDGE UYOUT ' µ '? 1 I . bat wlinrr el 5w .R. oeroltlorl. TMw plant Aa.Gvte 6r Conmm.at b .d an a b W YR. end pmral?md?rwunm.n4 Wna odMOnM6 t+ the rW en1 Mr b tM Nwir-ed and .Mkd kyaR mq b ` 1 ( pp?n.. " k !'41 flft* rk *klw*tae? et tl?obuAr b ?l ntt9 n a I ) , o a o R.,.m f w Tmban Pc- ' RdmW. Clan 3 (Tjpl -pMolakow SUIW T2rr cu.-3 R . 7011' A . 10'4-) L . 77.91' pr vih4 D.d131 SOUTII A+3UTMDJf I21P??P ; G a.olAG ` L O 0[ hG 466 1 j PLAN i` I o 67'-0' (Bghq-lr? &wkq ?` Nlf N il? $Il-l? I Al I ?8 IE$? 66 $ t P,.",katd S.d 7- ;=m we NC7R I i1 I g W lca t I &.th A"-M rnk Jp 110 SM.t Fa [0.y IWn M" - I _ ?aANSa4 tau W. pk,ed 138+. twlsa' pDan \? +1 I K '--- q E k&v &m dNN i . le,xi?7?l Ia At m p -1 . 6 P P1 . AvrDN Od.Llq ?w7By al g 00 N 1004 + 922.62 s 1? 114.0 ? ?UU &46W CnwMkr-•' Cmanbr kubrwnl 'T'YPICAL APPROACH SECTION 4 /Wic kill T ,(l\tt1\; ap-, ,?(( lit J r f ?? f?)(11r?1??? t? I Ill >?, -?fu?.?-aria I/A 1 •? II a? 0 r--1v ?` ?? ??, , ?- ,tea-' ??', ?,l??l? -? J ? ?? o ?'llll?= ? ,j? ? E( t' 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") tt{ ? JUN _ ,5 2006 6rtT111'eUSr'