20061319 Ver 1_COMPLETE FILE_20060818

F WAIF
'QQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
D `C Alan W. Klimek, P.E. Director
Division of Water Quality
September 11, 2006.
DWQ Project # 06-1319
Swain County
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Cheoah River Take-Out Construction
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 approximately 0.02 acres of open waters
for the purpose of construction of a boating take-out at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on September 1, 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) 36 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: [phone] FAX [phone] Internet htto://h2o.enr.state.nc.us/nmetlands 13 .17
A 200E

An Fnual 0nnnrtunHv1AffirmnfivP Arlin r-mnlnver- M0 Renvded11001. Post Consumer Paner

1. Impacts Approved
Cheoah River Take-Out Construction
Page 2 of 5
September 11, 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 Plan Location or Reference
Approved (Units)
Open Water Approximately Calderwood Resivoir
0.02 (Acres)
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.
Cheoah River Take-Out Construction
Page 3 of 5.
September 11, 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 4011Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. 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.
7. 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.
8. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Buffer regulations) must be restored along the construction sites tc natural riparian
conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog
hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-
term bank stability and stream shading. Note, silky dogwood, silky willow,and black
willow can be planted as live stakes collected during the dormant growing season.
Cuttings should be randomly planted on four (4) foot centers from the waters edge to
the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers.
Stream banks in these areas should also be seeded with a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
Cheoah River Take-Out Construction
Page 4 of 5
September 11, 2006
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
9. 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.
10. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
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.
S
r ! Cheoah River Take-Out Construction
Page 5 of 5
September 11, 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 Barnettin the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
AW Klkhb Division of Water Quality
-
Enclosures: GC 3494
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Lynn Hicks, Forest Engineer
US Forest Service -
Post Office Box 2750
Asheville, NC 28802-2750
USACE Asheville Regulatory Field Office
DWQ 401 Central Office]
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1319.USFS.CheoahTake-OutConstruction.Approval
HOU-30-2006 08:48 FROM:WAT 8282964663 TD:919197336893 P:2/11
'. ?0F WA.7 ,?
rib`
r
Q `C
Michael F. Emklcy, Governor
VYilliem r. Ross Jr- Scerctary
North Carolina Department of Eaviromncrtt and Nammi Resources
Alan W. Yllmex, P.E. Direetor
. Division of Watcr Quality
September 11, 2006.
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750
Asheville, NC 28802-2750
Subject Property: Cheoah River Take-Out Construction
DWQ Project # 06-1319
Swain 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 approximately 0.02 acres of open waters
for the purpose of construction of a boating. take-out at the subject property, as
described within your application received by the N.C. Division of Wafter Quality (DWQ)
on September 1, 2006. After reviewing your application, we have decided these
impacts are hovered by General Water Quality Certification Number(s) 3494 (GC3494).
The Certification(s) allows you to use Nationwide Permit(s) 36 when issued by the US
Army Corps of Engineers (USAGE). 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 LAMA 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 Cafficatton Und
1650 Mall SarAce Cantor, Rafe n, Narlb Carolina 27699-18M
2321 Crabbee Boulevard, Sidle 250. Raleigh, North Conant 27504
Pho : 919-733-1786 ! FAX [phone] J Intomoh ht?11h2n onr.sts?e nc us! T ands
An Equal Oppomrim4lAttttmathe Acilan Empiayar- 50% Raeyde&10% Post Const"r Paper
NOV-30-2006 THU 08:34 TEL:[phone] NAME:DWQ-WETLANDS
4M
P. 2
NOU-30-2006 08:48 FROM:WAT 8282964663 T0:919197336893 P:3/11

1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved Units
Open Water Approximately Calderwood Resivoir
0.02 Acres
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 till 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.
Chcoah River Take-out Construction
Page 2 of 5
September 11, 2006

NOU-30-2006 THU 08:34 TEL:[phone] NAME:DWO-WETLANDS P. 3
NOV-30-2006 08:48 FROM:WAT 8282964663
TO:919197336893 P:4/11
Cheoah River Take-Oat Construction
Page 3 of 5.
September 11, 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 Suffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401AA/etiands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. 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.
7. 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.
8. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Buffer regulations) 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 an ten (10) to twelve (12) foot centers.
Stream banks in these areas should also be seeded with a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
NOV-30-2006 THU 08:34 TEL:[phone] NAME:DWO-WETLANDS P. 4
NOU-30-2006 08:49 FROM:WAT 8282964663 T0:919197336893 P:5/11
Chcoah River Take-Out Consmtctiou
Wage a of 5
Septcmber 11, 2006
maintenance must be done in a manner consistent with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
9. 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.
10. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28..0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
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 prcceed 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,

NDU-30-2006 THU 08:35 TEL:[phone] NAME:DWQ-WETLANDS P. 5
NOV-30-2086 08:49 FROM:WAT 8282964663
TD:919197336893 P:6/11
Cheoah River Take-put Construction
'age 5 of 5
September 11, 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 828296-4657-
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW KJkhb
Enclosures: GC 3494
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Lynn Hicks, Forest Engineer
US Forest Service
Post Office Box 2750
Asheville, NC 28802-2750
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1319, USFS.ChecahTake-OutConstruation Approval

NOV-30-2006 THU 08:35 TEL:[phone] NAME:DWQ-WETLANDS P. 6
if '
OF WAIF
R?G Michael F. Easley, Governor
William G. Ross Jr., Secretary
C' North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
September 11, 2006
DWQ Project # 06-1319
Swain County
Marisue Hilliard, Forest Supervisor
National Forests in North Carolina
Post Office Box 2750 _
Asheville, NC 28802-2750 !?s 4?1
Subject Property: Cheoah River Take-Out Construction SEF2 2006
irtrUr' o „T tt f`J i i Y
Approval of 401 Water Quality Certification with Additional tConditrons uL:cl+
Dear Mr. Hilliard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact approximately 0.02 acres of open waters
for the purpose of construction of a boating take-out at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on September 1, 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) 36 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: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
4AIZA
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Cheoah River Take-Out Construction
Page 3 of 5
September 11, 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. 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.
7. 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.
8. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Buffer regulations) must be restored along the construction sites to natural riparian
conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog
hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-
term bank stability and stream shading. Note, silky dogwood, silky willow and black
willow can be planted as live stakes collected during the dormant growing season.
Cuttings should be randomly planted on four (4) foot centers from the waters edge to
the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers.
Stream banks in these areas should also be seeded with a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or

Cheoah River Take-Out Construction
Page 5 of 5
September 11, 2006
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.
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 Hicks, Forest Engineer
US Forest Service
Post Office Box 2750
Asheville, NC 28802-2750
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1319.USFS.CheoahTake-OutConstruction.Approval
Triage Check List
Date: 8/29/06 Project Name: Cheoah River Take Out Construction
DWQ #:06-1319
County: Swain
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 8/25/06 to 10/23/06
From: Cyndi Karoly Telephone: [phone]
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!

TO: Cindi Karoly
Super w-401/Wetlands Section
North Carolina Division of Water Quality
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
From Lynn Hicks, Engineering and Minerals Staff
CC:
Date: 8124/2006
Re: Cheoah River Take Out - Permitting Fee - DWQ Project # 06-1319
QP= @ [2 ae?N
AUG 2 5 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Enclosed is a check for $200 to cover the application fee for the subject project. This is in response to
your recent memo stating the National Forests in North Carolina submitted the incorrect permitting fee
for this project.
If you have any questions please call me at [phone] or by e-mail at [e-mail]
1

?F9
PG
r
`C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 18, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1251
Macon County
USDA National Forests in NC
Attn: Marisue Hilliard
PO Box 2750
Asheville, North Carolina 28802-2750
Subject Property: Cheoah River Take-Out
Permitting Fee
REQUEST FOR MORE INFORMATION
® INCORRECT PERMITTING FEE OR LACK OF FEE
RETURN OF APPLICATION PACKAGE
Dear Ms. Hilliard:
On August 18, 2006, the Division of Water Quality (DWQ) received your application dated August 17,
2006 for the above referenced project. The DWQ has determined that your application was incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. Please contact the U.S. Army
Corps of Engineers in the Regional Office to determine which permit you will need to
apply for to perform your proposed activity, and then resubmit your PCN application Water
Quality Certification listing this permit number under I Processing, Item 2., and checking the
boxes for "Section 404 Permit" and "401 Water Quality Certification" under I Processing,
Item 2 (page 5 of 12).
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htt?•//h2o enr state nc.us/ncwetlands
N? Carolina
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ASHEVILLE NC 28801

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DWQ # 06-1319 Cheoah River Take Out Construction
1-: -A
Subject: DWQ # 06-1319 Cheoah River Take Out Construction
From: Laurie Dennison <laurie [e-mail]>
Date: Mon, 21 Aug 2006 10:30:29 -0400
To: [e-mail],[e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being
forwarded to you electronically so that you may expedite preparation of your
response. Please do not send your response as a reply to this e-mail or via fax.
The hard copy is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree
Blvd., Raleigh, NC, 27604 unless otherwise noted.
061319CheoahRiverTakeOut(Graham)_Hold_Fee.doc
I of 1
Content-Type: application/msword
Content-Encoding: base64
8/21/2006 10:31 AM
USDA United States Forest National Forests in North Carolina 160A Zillicoa Street
?- Department of Service Supervisor's Office P.O. Box 2750
Agriculture Asheville, NC 28802
828-257-4200
Cindy Karoly
Supervisor - 4010versight/Permitting Unit
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27669-1650
Dear Ms. Karoly:
File Code: 7720-3-2 "?@
Date: August 17, A?6
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DID.
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Enclosed are seven (7) copies of a Pre-construction Notification (PCN) and a $475 application
fee for the construction of a new boat/raft take-out pier and ramp in the Cheoah River
(Calderwood Reservoir), on the Cheoah Ranger District of the Nantahala National Forest, in
Swain County, North Carolina. The purpose of the project is to provide a safe and efficient boat
ramp/take-out facility which will be utilized by commercial entities and the public. This project
includes excavation, rock fill placement, concrete slab construction, reinforced concrete column
construction, steel pier erection, and site restoration.
Based on our review of the authorized Nationwide Permits (NWP) we believe this project is
covered under NWP 36 - Boat Ramps. As required by General Condition #3494 and PCN
instructions, we are requesting Section 401 water quality certification for this project.
Concurrent with this application, the PCN has been submitted to the US Army Corps of
Engineers for Section 404 permit approval.
If you have any questions, concerns, and/or require additional information, please contact me or
my representative, Cliff Northrop, at the following numbers;
Lynn Hicks [phone], e-mail - [e-mail]
Cliff Northrop [phone], e-mail - [e-mail]
Sincerely
LYNN L. HICKS, PE
Engineering, Minerals, and
Telecommunications Staff Officer

r V.
Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No 00613
,
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 36
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: ?
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
Owner/Applicant Information
Name: Marisue Hilliard (Forest Supervisor
Mailing Address:USDA Forest Service
National Forests in North Carolina
PO Box 2750
Asheville NC 28802-2750
Telephone Number: [phone] Fax Number: (828)25 7-4263
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: Lvnn Hicks (ForestEn2ineer)
Company Affiliation: USDA Forest Service
Mailing Address:USDA Forest Service
National Forests in North Carolina
PO Box 2750
Asheville NC 28802-2750
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: llhicks(c)fs.fed.us n P/ t? nn
Updated 11/1/2005 A U C I O 2006
Page 1 of 8 DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
III. Project Information
3
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: Cheoah River Take-Out Construction
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN): N/A
4. Location
County: Swain Nearest Town: Topoco
Subdivision name (include phase/lot number): Cheoah Ranger District
Directions to site (include road numbers/names, landmarks, etc.): From Robbinsville take
US 129 north for approximately 15 miles, turn left on paved road into Calderwood
Campground. Project is located at entrance to campsites.
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): 656,626° N 527,684° E
6. Property size (acres): The Cheoah Ranger District is 204,300 acres
7. Name of nearest receiving body of water: Calderwood Reservoir
8. River Basin: Little Tennessee
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently used as a campground. With the
commencement of recreational releases on the Cheoah River, rafters & kayakers have been
forced to use the existing boat ramp at the campground to retrieve their watercraft. This
creates a conflict with users trig to launch motorized boats. There is also no parking
available for buses or vehicles Dulline trailers.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of construction of an accessible parking 'lot & take-out pier on the
Calderwood Reservoir. The pier ramp will consist of open steel grating on concrete columns
for access to the take-out. The take-out will be a concrete slab placed on riprap.
11. Explain the purpose of the proposed work: To provide safe parking & access to the
Calderwood Reservoir for kayakers & rafters.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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: Fill will be placed below the normal
full pool elevation of 1087.8 to provide a take-out for kayaks & rafts.
Updated 11/1/2005
Page 3 of 8
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.

Wetland Impact
Number
(indicate on map)

Type of Impact of Wetland
Type
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within

100-year
F(yes/n)
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
3. List the total acreage (estimated) of all existing wetlands on the property: _0
4. 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
mnct ha inrlnrlPrl To rnlcnlnte acreage_ multinlv length X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma
Stream Name v
Type of Impact
IPerennialntermittent t9
. Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
(acres)
0 N/A None N/A N/A 0 0

Total Stream Impact (by length and acreage) 0
5. 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 -vrnvntinn rlraclvino flnnrlina drninnae hulkhends_ etc.
Open Water Impact

Site Number
(indicate on ma) v
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
(acres)
#1 Calderwood Reservoir Fill (take-out) lake .02

Total Open Water Impact (acres) .02
Updated 11/1/2005
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0.02
Total Impact to Waters of the U.S. (acres) 0.0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X 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.
8. Pond Creation No pond creation for this project
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
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
watering, irrigation, aesthetic, trout pond,
Expected pond surface area:
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. While a formal sediment &
erosion control plan is not required for this project, the USFS will incorporate these practices
into the construction drawings & specifications. Standard practices will include: Construction
Scheduling - work shall be accomplished when water level is low. Structural Controls -
temporary diversions silt fence & silt traps shall prevent sediment from entering the reservoir.
All erosion control structures shall be inspected after any storm event & repaired if necessary.
The contractor is responsible for developing and implementing a dewatering _plan for
construction of the ramp.
VIII. Mitigation
Updated 11/1/2005
Page 5 of 8
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
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/newetIands/stn-ngide.htm1.
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.
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
[phone] 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 littp://1z2o.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
Updated 11/112005
Page 6 of 8
Amount of Coastal wetland mitigation requested (acres): N/.
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ? Pages 1, 13-15 (with deciding official signature) of Decision Notice
attached. Full document available at the address on page one of PCN
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 N/A 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) 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 213.0242 or.0244, or.0260. N/A
Updated 11/1/2005
Page 7 of 8
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%0, please provide calculations
demonstrating total proposed impervious level. Existing impervious area = 0.1 acres. Additional
parking will add another 0.1 acre. Stormwater will be directed through permanent diversions &
all pipe outlets will be protected with riprap.
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.
Contractor is required to provide 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.cnr.state.nc.us/newetlands. 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).
6 `//7ky
pplicant/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8
11??GJ,'?i ?/LT f// >??l' -i11'u'NNtY?NTA? ?Jhuh'?LN7)
Decision Notice
And
Finding of No Significant Impact
Cheoah River Recreation Project
USDA Forest Service
Cheoah Ranger District
Nantahala National Forest
Graham County, North Carolina
1.0 INTRODUCTION
This Decision Notice (DN) and Finding of No Significant Impact (FONSI) document my
decision to implement recreation improvements on Forest System lands in Graham County,
North Carolina. This project, referred to as the Cheoah River Recreation Project, includes the
compartments immediately adjacent to the Cheoah River. The majority of the project lies
along State Highway 129 and on the west side of the Cheoah River. Portions of the project are
located just below Santeetlah Dam off State Road 1147 and along the upper section of
Calderwood Reservoir.
The project area is located approximately nine miles north of Robbinsville, North Carolina
along the Cheoah River corridor located in administrative Compartments 7,8, 11, 14, 15, 16,
17, 18, 19, 25, 32, 33, 35, and 36.The analysis area encompasses approximately 6,275 acres of
National Forest System land. An Environmental Assessment (EA) that documents the analysis
and discloses the environmental consequences of implementing the activities is available for
public review at the USDA Forest Service office in Robbinsville, NC.
The activities described below are needed to implement the direction set forth in the Nantahala
and Pisgah National Forests Land and Resource Management Plan (Forest Plan), Amendment 5,
March 1994. These activities will move this area of the Nantahala National Forest toward the
desired conditions established in the Forest Plan. The project is specifically intended to respond
to Public Law, the Forest Plan and Forest, Service policy as found in the Forest Service Manual
and Handbooks.
In addition, the Federal Power Act (16 U.S.C. 797e ) allows the Secretary of Agriculture, acting
through the Forest Service, to set forth terms and conditions necessary for adequate protection
and utilization of the land and related resources of the Nantahala National Forest. The Organic
Administration Act, the Multiple Use Sustained Yield Act, and the National Forest Management
Act provide the support necessary to set terms and conditions necessary to protect and utilize
National Forest resources impacted by a license to generate hydroelectric power.
Cheoah River Recreation Project 1 7/27/2005
Decision Notice &
Findin.- of No Significant Impact
This project was "scoped" in January 16th 2004, when a letter was sent to groups and individuals
known to be interested in the Management of National Forest lands on the Cheoah Ranger
District. This letter included a map identifying the project area, and a request for comments. A
notice requesting comments was also published in the Graham Star during the week of January
16th, 2004... The Cheoah River Recreation Project was listed in the January 2004 Schedule of
Proposed Actions, which was mailed to the Forest-wide list of over 100 recipients. The project
was listed in every quarterly Schedule of Proposed Action since then. On three separate
occasions, December of 2004, January of 2005, and February of 2005, the ID Team met the
United States Fish and Wildlife Service to discuss concerns and issues related to possible effects
the project might have on PETS. The USFWS concurs with the determination by USFS biologist
that:
This project is not likely to adversely affect the Appalachian elktoe, Virginia spirea, or Indiana
bat.
This project is not likely to adversely modify the designated critical habitat of the Appalachian
elktoe with the Cheoah River.
The project will have no effect on any other PET species.
During the week of April 22, 2005, the EA was mailed to individuals and organizations who had
requested it and to those who had participated in the project planning. A legal notice of the
opportunity to comment was published in the Graham Star on April 28th, 2005. The formal 30
day comment period for the Cheoah River Recreation Project ended on Friday, May 27, 2005.
One electronic message with timely comments was submitted by various staff members of the
North Carolina Wildlife Resources Commission during this 30 day comment period. An
interdisciplinary review of new information provided by the North Carolina Wildlife Resources
Commission indicates that changes in the Environmental Assessment are not needed.
Upon consultation with the NCWRC I have determined that the new information will not have a
bearing on the actions or its impacts.
FINDING OF NO SIGNIFICANT IMPACT
After considering the environmental effects described in the EA, I have determined that the
actions in Alternative 2 are not a major federal action, either individually or cumulatively, and
will not have a significant effect on the quality of the human environment considering the
context and intensity of impacts (40 CFR 1508.27). Thus, an environmental impact statement
will not be prepared. I base my findings on the following:
1. Both beneficial and adverse effects have been considered, with no significant impacts
(EA Chapter 3). The low intensity of the effects within the limited context of this project
makes the adverse effects insignificant.
2. There will be no significant effects on public health and safety. This has been
demonstrated by previous similar projects on the district.
Cheoah River Recreation Project 13 7/2712005
Decision Notice &
Findin.- of No Significant Impact
3. There will be no significant effects on unique characteristics of the area (historic and
cultural resources, park lands, prime farm lands, wetlands, wild and scenic rivers, or
ecologically critical areas (EA Chapter 3)).
4. Based on public involvement, the effects on the quality of the human environment are not
likely to be highly controversial (EA Chapter 3).
5. The effects analysis documented in the EA demonstrate that the effects are not highly
uncertain, and do not involve unique or unknown environmental risk (EA Chapter 3). All
described actions have been conducted before, and district staff members have
considerable expertise in carrying out these actions.
6. The actions in this decision are not likely to establish a precedent for future actions with
significant effects, and do not represent a decision in principle about a future
consideration. All actions have been conducted previously on the Forest.
7. There are no apparent significant adverse cumulative effects between this project and
other past, present and reasonable foreseeable actions (EA Chapter 3).
8. The actions will have no significant adverse effect on districts, sites, highways,
structures, or objects listed in or eligible for listing in the National Register of Historic
Places, and will not cause loss or destruction of significant scientific, cultural, or historic
resources (EA pages 109-110). A heritage report was completed for this project and
mailed to the State Historic Preservation Officer (SHPO). The North Carolina SHPO
concurred with the recommendations in the heritage report.
9. The actions will not adversely affect any endangered or threatened species or'its habitat
that has been determined to be critical under the Endangered Species Act of 1973 (EA
pages 79-104).
10. The actions will not violate Federal, State, and local laws or requirements for the
protection of the environment. Applicable laws and regulations were considered in the
EA. The actions are consistent with the Nantahala and Pisgah Land and Resource
Management Plan. North Carolina Best Management Practices will be met through
application of the Forest Plan standards.
7.0 FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS
This decision to implement Alternative 2 is consistent with the intent of the Land and Resource
Management Plan for the Nantahala and Pisgah National Forests and all Amendments to the
Forest Plan, as required by NFMA 1976, 16 USC 1604(I). The following paragraphs discuss the
reasoning for this finding:
1. The actions support the goals, objectives and standards for the affected Management
Area (MA12 and MA 18) in the project area, as described in Chapter III of the Forest
Plan Amendment 5 (1994).
2. Mitigation measures to prevent or lessen adverse impacts have been fully applied to the
actions in this project. The project is feasible and reasonable, and will result in applying
those practices that meet the Forest Plan overall direction of protecting the environment
while producing goods and services.
3. The actions of this project will meet all requirements of the Endangered Species Act and
all agreements with the State Natural Heritage Program, in that the impacts to Proposed,
Cheoah River Recreation Project ld 7/27/2005
Decision Notice &
Finding of No Sipificant Impact
Endangered, Threatened, and Sensitive species (PETS) or critical habitat for these species
are insignificant and will not affect the population viability of any PETS species.
4. The actions of this project comply with the requirements of 36 CFR 219.27).
a. The actions of this project are best suited to the multiple use goals established for
the area.
b. Actions will provide benefits, consistent with desired conditions, for water quality
and quantity, wildlife and fish habitat, recreation use, aesthetic values, and other
resource yields.
5. There are no significant irreversible or irretrievable resource commitments.
8.0 APPEAL OPPORTUNITIES AND IMPLEMENTATION
Implementation of this decision may began immediately after publication of a legal notice in the
Graham Star, newspaper of record (36 CFR 215.9 (c) (1)).
No substantive comments expressing concerns or only supportive comments were received
during the comment period for this proposed action. Therefore this decision is not subject to
appeal (36 CFR 215.12(e) (1)). Specifically, comments were received from the North Carolina
Wildlife Resources Commission (NCWRC), Mountain Region Coordinator for the Habitat
Conservation Program, which expressed concerns raised by their Inland Fisheries and Wildlife
Management Staff. Upon conferencing with the NCWRC staff, it was agreed that their
comments were intended to be supportive and that they are not in opposition to the project as
proposed. Also, comments were received from the United States Fish and Wildlife Service
(USFWS) expressing some concerns. Through a process of informal consultation with the
USFWS, their concerns have been addressed and they have concurred with the findings in the
Biological Assessment.
9.0 CONTACT
Copies of the EA and DN may be obtained at the Cheoah Ranger District, 1133 Massey Branch
Road, Robbinsville NC 28771, or phone at [phone]. For additional information on this
project, contact Mark Robison, Interdisciplinary Team Leader.
JOE BO TTE
District Ranger
7A 7/0-5-
DATE
Cheoah River Recreation Project 15 7/27/2005
Decision Notice &
Finding of No Significant Impact
United States Forest National Forests in 160A Zillicoa Street
3 $ 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 too

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 200613 38
fir any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 36
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: ?
it. Applicant Information
Owner/Applicant Information
Name: Marisue Hilliard (Forest Supervisor
Mailing Address:USDA Forest Service
National Forests in North Carolina
PO Box 2750
Asheville NC 28802-2750
Telephone Number: [phone]. Fax Number: [phone]
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 (ForestEngineer)
Company Affiliation: USDA Forest Service
Mailing Address:USDA Forest Service
National Forests in North Carolina
PO Box 2750
Asheville NC 28802-2750
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: llhicks fs.fed.us
L9
D
Updated 11/1/2005 Page 1 of8 AUG
? 2006
WETLANDS AND STORMWATER BRANCH

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: Cheoah River Take-Out 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: Swain Nearest Town: Topoco
Subdivision name (include phase/lot number): Cheoah Ranger District
Directions to site (include road numbers/names, landmarks, etc.): From Robbinsville take
US 129 north for approximately 15 miles, turn left on paved road into Calderwood
Campground. Project is located at entrance to campsites.
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): 656,626° N 527,684° E
6. Property size (acres): The Cheoah Ranger District is 204,300 acres
7. Name of nearest receiving body of water: Calderwood Reservoir
8. River Basin: Little Tennessee
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently used as a campground. With the
commencement of recreational releases on the Cheoah River, rafters & kayakers have been
forced to use the existing boat ramp at the campground to retrieve their watercraft. This
creates a conflict with users trying to launch motorized boats. There. is also no parkin
available for buses or vehicles pulling trailers.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of construction of an accessible parking lot & take-out pier on the
Calderwood Reservoir. The pier ramp will consist of open steel grating on concrete columns
for access to the take-out. The take-out will be a concrete slab placed on riprap.
11. Explain the purpose of the proposed work: To provide safe parking & access to the
Calderwood Reservoir for kayakers & rafters.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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: Fill will be placed below the normal
full pool elevation of 1087.8 to provide a take-out for kayaks & rafts.
Updated 11/1/2005
Page 3 of 8
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 floodiniz.
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
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. 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 he included- To calculate acreal?e. multiply leniath X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
(acres)
0 N/A None N/A N/A 0 0

Total Stream Impact (by length and acreage) 0
5. 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)
#1 Calderwood Reservoir Fill (take-out) lake .02

Total Open Water Impact (acres) .02
Updated 11/1/2005
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0.02
Total Impact to Waters of the U.S. (acres) 0.0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated Waters exist on the property? ? Yes X 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.
8. Pond Creation No pond creation for this project
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. While a formal sediment &
erosion control clan is not required for this project, the USFS will incorporate these practices
into the construction drawings & specifications. Standard practices will include: Construction
Scheduling - work shall be accomplished when water level is low. Structural Controls -
temporary diversions silt fence & silt traps shall prevent sediment from entering the reservoir.
All erosion control structures shall be inspected after any storm event & repaired if necessary.
The contractor is responsible for developing and implementing a dewatering plan for
construction of the ramp.
VIII. Mitigation
Updated 11/1/2005
Page 5 of 8
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
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/ncwet]ands/stnngidc.htm1.
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
[phone] 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 littp://li2o.enr.state.ne.tis/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
Updated 11/1/2005
Page 6 of 8
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 ?
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 [phone] to review current thresholds for environmental documentation.
Yes ® No ? Pages 1, 13-15 (with deciding official signature) of Decision Notice
attached. Full document available at the address on page one of PCN
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 N/A 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) 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.l.
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
Updated 11/1/2005
Page 7 of 8
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area = 0.1 acres. Additional
parking will add another 0.1 acre. Stormwater will be directed through permanent diversions &
all pipe outlets will be protected with riprap.
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.
Contractor is required to provide 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/newetlands. 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).
6 //71W
pplicant/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8
?JXld' A'IIT TO ;01rvJ` r . - L P--yAk=NTAL 1)e6kl N7.
Decision Notice
And
Finding of No Significant Impact
Cheoah River Recreation Project
USDA Forest Service
Cheoah Ranger District
Nantahala National Forest
Graham County, North Carolina
1.0 INTRODUCTION
This Decision Notice (DN) and Finding of No Significant Impact (FONSI) document my
decision to implement recreation improvements on Forest System lands in Graham County,
North Carolina. This project, referred to as the Cheoah River Recreation Project, includes the
compartments immediately adjacent to the Cheoah River. The majority of the project lies
along State Highway 129 and on the west side of the Cheoah River. Portions of the project are
located just below Santeetlah Dam off State Road 1147 and along the upper section of
Calderwood Reservoir.
The project area is located approximately nine miles north of Robbinsville, North Carolina
along the Cheoah River corridor located in administrative Compartments 7,8, 11, 14, 15, 16,
17, 18, 19, 25, 32, 33, 35, and 36.The analysis area encompasses approximately 6,275 acres of
National Forest System land. An Environmental Assessment (EA) that documents the analysis
and discloses the environmental consequences of implementing the activities is available for
public review at the USDA Forest Service office in Robbinsville, NC.
The activities described below are needed to implement the direction set forth in the Nantahala
and Pisgah National Forests Land and Resource Management Plan (Forest Plan), Amendment 5,
March 1994. These activities will move this area of the Nantahala National Forest toward the
desired conditions established in the Forest Plan. The project is specifically intended to respond
to Public Law, the Forest Plan and Forest Service policy as found in the Forest Service Manual
and Handbooks.
In addition, the Federal Power Act (16 U.S.C. 797e ) allows the Secretary of Agriculture, acting
through the Forest Service, to set forth terms and conditions necessary for adequate protection
and utilization of the land and related resources of the Nantahala National Forest. The Organic
Administration Act, the Multiple Use Sustained Yield Act, and the National Forest Management
Act provide the support necessary to set terms and conditions necessary to protect and utilize
National Forest resources impacted by a license to generate hydro electric power.
Cheoah River Recreation Project 1 7/27/2005
Decision Notice &
Finding of No significant Impact
This project was "scoped" in January 16th 2004, when a letter was sent to groups and individuals
known to be interested in the Management of National Forest lands on the Cheoah Ranger
District. This letter included a map identifying the project area, and a request for comments. A
notice requesting comments was also published in the Graham Star during the week of January
16th, 2004... The Cheoah River Recreation Project was listed in the January 2004 Schedule of
Proposed Actions, which was mailed to the Forest-wide list of over 100 recipients. The project
was listed in every quarterly Schedule of Proposed Action since then. On three separate
occasions, December of 2004, January of 2005, and February of 2005, the ID Team met the
United States Fish and Wildlife Service to discuss concerns and issues related to possible effects
the project might have on PETS. The USFWS concurs with the determination by USFS biologist
that:
This project is not likely to adversely affect the Appalachian elktoe, Virginia spirea, or Indiana
bat.
This project is not likely to adversely modify the designated critical habitat of the Appalachian
elktoe with the Cheoah River.
The project will have no effect on any other PET species.
During the week of April 22, 2005, the EA was mailed to individuals and organizations who had
requested it and to those who had participated in the project planning. A legal notice of the
opportunity to comment was published in the Graham Star on April 28`h, 2005. The formal 30
day comment period for the Cheoah River Recreation Project ended on Friday, May 27, 2005.
One electronic message with timely comments was submitted by various staff members of the
North Carolina Wildlife Resources Commission during this 30 day comment period. An
interdisciplinary review of new information provided by the North Carolina Wildlife Resources
Commission indicates that changes in the Environmental Assessment are not needed.
Upon consultation with the NCWRC I have determined that the new information will not have a
bearing on the actions or its impacts.
FINDING OF NO SIGNIFICANT IMPACT
After considering the environmental effects described in the EA, I have determined that the
actions in Alternative 2 are not a major federal action, either individually or cumulatively, and
will not have a significant effect on the quality of the human environment considering the
context and intensity of impacts (40 CFR 1508.27). Thus, an environmental impact statement
will not be prepared. I base my findings on the following:
1. Both beneficial and adverse effects have been considered, with no significant impacts
(EA Chapter 3). The low intensity of the effects within the limited context of this project
makes the adverse effects insignificant.
2. There will be no significant effects on public health and safety. This has been
demonstrated by previous similar projects on the district.
Cheoah River Recreation Project 13 7/27/2005
Decision Notice &
Finding of No Significant Impact
3. There will be no significant effects on unique characteristics of the area (historic and
cultural resources, park lands, prime farm lands, wetlands, wild and scenic rivers, or
ecologically critical areas (EA Chapter 3)).
4. Based on public involvement, the effects on the quality of the human environment are not
likely to be highly controversial (EA Chapter 3).
5. The effects analysis documented in the EA demonstrate that the effects are not highly
uncertain, and do not involve unique or unknown environmental risk (EA Chapter 3). All
described actions have been conducted before, and district staff members have
considerable expertise in carrying out these actions.
6. The actions in this decision are not likely to establish a precedent for future actions with
significant effects, and do not represent a decision in principle about a future
consideration. All actions have been conducted previously on the Forest.
7. There are no apparent significant adverse cumulative effects between this project and
other past, present and reasonable foreseeable actions (EA Chapter 3).
8. The actions will have no significant adverse effect on districts, sites, highways,
structures, or objects listed in or eligible for listing in the National Register of Historic
Places, and will not cause loss or destruction of significant scientific, cultural, or historic
resources (EA pages 109-110). A heritage report was completed for this project and
mailed to the State Historic Preservation Officer (SHPO). The North Carolina SHPO
concurred with the recommendations in the heritage report.
9. The actions will not adversely affect any endangered or threatened species or its habitat
that has been determined to be critical under the Endangered Species Act of 1973 (EA
pages 79-104).
10. The actions will not violate Federal, State, and local laws or requirements for the
protection of the environment. Applicable laws and regulations were considered in the
EA. The actions are consistent with the Nantahala and Pisgah Land and Resource
Management Plan. North Carolina Best Management Practices will be met through
application of the Forest Plan standards.
7.0 FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS
This decision to implement Alternative 2 is consistent with the intent of the Land and Resource
Management Plan for the Nantahala and Pisgah National Forests and all Amendments to the
Forest Plan, as required by NFMA 1976, 16 USC 1604(I). The following paragraphs discuss the
reasoning for this finding:
1. The actions support the goals, objectives and standards for the affected Management
Area (MA12 and MA 18) in the project area, as described in Chapter III of the Forest
Plan Amendment 5 (1994).
2. Mitigation measures to prevent or lessen adverse impacts have been fully applied to the
actions in this project. The project is feasible and reasonable, and will result in applying
those practices that meet the Forest Plan overall direction of protecting the environment
while producing goods and services.
3. The actions of this project will meet all requirements of the Endangered Species Act and
all agreements with the State Natural Heritage Program, in that the impacts to Proposed,
Cheoah River Recreation Project 14 7/27/2005
Decision Notice &
Findin.- of No significant Impact
Endangered, Threatened, and Sensitive species (PETS) or critical habitat for these species
are insignificant and will not affect the population viability of any PETS species.
4. The actions of this project comply with the requirements of 36 CFR 219.27).
a. The actions of this project are best suited to the multiple use goals established for
the area.
b. Actions will provide benefits, consistent with desired conditions, for water quality
and quantity, wildlife and fish habitat, recreation use, aesthetic values, and other
resource yields.
5. There are no significant irreversible or irretrievable resource commitments.
8.0 APPEAL OPPORTUNITIES AND IMPLEMENTATION
Implementation of this decision may began immediately after publication of a legal notice in the
Graham Star, newspaper of record (36 CFR 215.9 (c) (1)).
No substantive comments expressing concerns. or only supportive comments were received
during the comment period for this proposed action. Therefore this decision is not subject to
appeal (36 CFR 215.12(e) (1)). Specifically, comments were received from the North Carolina
Wildlife Resources Commission (NCWRC), Mountain Region Coordinator for the Habitat
Conservation Program, which expressed concerns raised by their Inland Fisheries and Wildlife
Management Staff. Upon conferencing with the NCWRC staff, it was agreed that their
comments were intended to be supportive and that they are not in opposition to the project as
proposed. Also, comments were received from the United States Fish and Wildlife Service
(USFWS) expressing some concerns. Through a process of informal consultation with the
USFWS, their concerns have been addressed and they have concurred with the findings in the
Biological Assessment.
9.0 CONTACT
Copies of the EA and DN may be obtained at the Cheoah Ranger District, 1133 Massey Branch
Road, Robbinsville NC 28771, or phone at [phone]. For additional information on this
project, contact Mark Robison, Interdisciplinary Team Leader.
JOE BO TTE
District Ranger
~
DATE
Cheoah River Recreation Project 15 7/2712005
Decision Notice &
Finding of No Significant Impact

t=$?? United States Forest National Forests in
Department of Service North Carolina 160A Zillicoa Street
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
S Caring for the Land and Serving People Printed on Recycled Paper dry
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