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HomeMy WebLinkAbout19920705 Ver 1_COMPLETE FILE_19920101IMPORTANT To- WHILE ?-. YOU? /WERE OUT ?Z lw?l ?^ M V of NA-v'1T4 hAzQ1-t'iDUV- Q Phone i?by 11hA9 AREA CODE NUMBER EXTENSION TELEPHONED LEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message L-I K6 lk-T S? R Vic 1 ° .5 l wig ?L I/Ii sg* Signed 0 N.C. Dept. of Environment, Health, and Natural Resources State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street * Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary March 1, 1993 Mr. Alan Mandrell Nantahala Outdoor Center 41 Highway 19 West Bryson City, N.C. 28713 Dear Mr. Mandrell: Subject: Proposed fill in Wetlands or Waters Road crossing and minor fill for parking lot Swain County Project # 92705 Upon review of your request for 401 Water Quality Certification to place fill material in 0.05 acres of wetlands or waters which are tributary to Nantahala River for road crossing and parking lot located at Nantahala Outdoor Center in Swain County, we have determined that the proposed fill can be covered by General Water Quality Certification No.s 2732 and 2733 issued January 21, 1992. Copies.of the General Certifications are attached. These Certifications may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 14 and 18. Applicant is reminded that turbidity standards may not be violated in downstream waters due to construction or operation of the parking lot. If you have any questions, please contact John Dorney at 919-733-1786 Sincerely, reston How Jr. P. E. 92705.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files C.E. Terry, CTA Environmental, Inc. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax # 919-733-0513 An Equal Opportunity Affirmative Action Employer MEMORA ? m N O W 5, TO: John Dorney F EQ 2 5 1993 Planning Branch SUBJECT: WETLAND STAFF REPORT ND Yggg" ONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** INITIALS- er• Review WQ Supv: Date: PERMIT_YR: 92 PERMIT-NO: 0000705 COUNTY: SWAIN APPLICANT NAME: NANTAHALA OUTDOOR CENTER PROJECT-TYPE: PARKING AREA PERMIT-TYPE: NW18 COE_#: DOT-#: RCD_FROM _CDA: APP DATE_FRM CDA: 12/04/92 REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: STREAM CLASS: STR_INDEX_NO: a - 7 - 62-Z, S- WL_IMPACT?: ON WL_TYPE: WL_REQUESTED: WL_ACR_EST?: YIN HYDRO_CNECT?: Y/P WL_SCORE(#): w V Zv MITIGATION?: Y? MITIGATION-TYPE: MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: &N 5? " RECOMMENDATION (Circle One): ISSUE SSUE/CO DENY C cc: Regional Office Central Files ??a?IL-?? 4?a A si fa-CL ,r 44 Wetland type (select one) ? Swamp forest • ? Bottomland hardwood forest ? Carol ina bay • ? Pocosin ? Pine savannah ? Wet flat • ? Perched ? Shoreline ? Stream channel ? Salt marsh ? Brackish marsh ? Freshwater marsh ? Bog/Fen n Varna) nnnl Water storage • Bank/ShoreI ine stabi I ization _ 0 ; ' Po I I utant remova I I = X0.00 Sensitive watershed ' Dispersal corridor / r l y • Wetland score x0 ' : Special ecological attributes • • Wildl ife habitat Aquatic I ife value ?, YD • . x • • Recreation/Education ? ' Economic value - - , • • ' x0.25= sr., it q2-?05- Notification (3 M for Nationwide Permit Permit Number: 33CFR 330,6 (b) (14) ENVIRONMENTAL Notification sent by CTA Environmental, Inc. Name/address of prospective general permittee Phone of prospective general permittee Nantahala Outdoor Center 41 Highway 19 West Bryson C1 ty, NC 28713 (704) 488-2175 Location of proposed project Along the Nantahala river, about 100 feet upstream of Nantahala Outdoor Wesser, Swain County, NC Map Attached. Seven (7) copies of this PDN are being forwarded to the DEM. Brief description of proposed project and its purpose ncr - 4.1992 A parking are will be built on upland portions of the site (Also See Attached PDN for NWP 18). Two portions of the parking area will be connected by a minor road crossing under NWP 14 (See attached plan). This project is in a trout stream county, along the Nantahala River, No 404 permits have been sought for this specific site in the past. Total estimated acres of wetlands on this site: approximately 1,0 Total estimated acres of wetlands impacted on this site: less than 1/20 acre under fill. The extremely mountainous nature of the surrounding terrain severly limits buildable land. It is necessary for the parking area to be located in this area as it is one of the few remaining level areas owned by my client. In order to minimize impacts the parking areas have been narrowed and the crossing has been placed at the narrowest point. The surrounding land is Railroad right-of-way and property belonging to Nantahala Outdoor Center. The USFWS/NMFS has been contacted regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project, Signature of responsible party: The SHPO has been contacted regarding the presence of an historic properties in the permit area that maybe affected by the proposed project. Signature of responsible party: Notification for Nationwide Permit Permit Number: 33CFR 330.6 (b) (18) ENVIRONMENTAL Notification sent by CTA Environmental, Inc. Name/address of prospective general permittee Phone of prospective general permittee Nantahala Outdoor Center 41 Highway 19 West (704) 488-2175 Bryson City, NC 28713 Location of proposed project Along the Nantahala river, about 100 feet upstream of Nantahala Outdoor Center. Wesser, Swain County, NC Map Attached. Seven (7) copies of this PDN are being forwarded to the DEM. Brief description of proposed project and its purpose Minor fill • less than 25 cubic yards of fill material for extension of parking area. Impact area - less than 0,02 acres. See attached PDN for NWP 14 for further information on this project. Qualified Consultant: CTA Environmental, Inc. 6180 Atlantic Blvd., Suite A Norcross, GA 30071 4 4- The USFWS/NMFS has been contacted regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Signature of responsible party: The SHPO has been contacted regarding the presence of an histtric properties in the permit area that may be affected by the proposed project. Signature of responsible party: ?- ?? ;27--t?? Ae= c ?- w 47 U.S. Array Corps of Engineers ??A Environmental, Inc. Atm.: SAWCO-E Wetlands Delineation Verification Request Boxls9o i]mington. NC 28402-1890 Determination performed by CTA Environmental, Inc. as a qualified Wetlands Consultant. .CTA Environmental, Inc. 50 Executive Park South, Suite 5010 4041728-9217 Atlanta, GA 30329 Determination performed for: Nantahala Outdoor Center Phone: 41 Highway 19 West (704) 488-2175 Bryson City, NC 28713 The site is located: Along the Nantahala river, about 100 feet upstream of Nantahala Outdoor Center. Land Lot Number(s)/District: Not available. Distance and direction to obvious landmark: Adjacent to RR tracks, across from NOC. Nearby Stream or Waterbody: Nantahala River Type and purpose of proposed work: Construction of small parking area. Kind of equipment to be used: Standard Date construction is to begin, or was begun: ASAP Other pertinent details: 'his verification of jurisdictional delineation is for an area intended for crossing under NWP 14 to connect wo parking areas which will be in the upland areas of the site. A pre-discharge notification will follow once verification is complete. The total impact area is less than 1/20 acre in area, and is less than thirty eet long across the special aquatic site (wetland). When a visit to this site is scheduled we would appreciate a contact from your office, so that we might be able to walk with you. Thank you. C.E. (Butch) Terry III CTA Environmental, Inc. 50 Executive Park South suite 5010 Atlanta, GA 30329 404/728-9217 Authorized Signature CTA Environmental. Inc. DATA FORM ROUTINE ONSTTE DETERMINATION METHOD Field Investigator: Claude E. Terry III, wetlands Coordinator Date. September 24, 1992 Project Sim: NOC - Behind RR tracks Comer: Swain Applicant/Owner: Nantahala Outdoor Center PlantCorrununity: Dry flats NC •---------------------------------------------------------------- normal environmental conditions exist at the plant community? Yes ® No ? (If No explain on back) lave the vegetation, soils or hydrology been significantly disturbed? Yes ? No ® (If Yes explain on back) -----------------------------------------------------------------• VEGETATION SOILS Dominant Plant Species Scientific Indicator Stratum Depth from .. ...to Matrix color Mottle color 1. Sycamore Platanus occldentalls FACW Canopy 1. 0" 12" IOYR 3/3 -- 2. Tullp Poplar Urlodendron tullplfera FAC Canopy 2. 3. Blackberry Rubus argutus FACU Shrub 3. 4 Honeysuckle Conlcera canadensts FACU woody 4. Ironweed 5' Vernonla noveboracensis FAC+ vine S' Golden Rod Solldago arguta UPI. Herb 6 6. Herb ' 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAQ 45 Is the hydrophytic vegetation criterion met? Yes ? No Rationale: Canopy vegetation with deeper roots shows wetter conditions below the 12" regulatory limit, but surface growing vegetation is clearly more mesophytie. Series/Phase: Soils map unavailable Is the soil on the hydric soils list? Is the soil a Histosol: Yes ? Is the soil mottled? Yes ? Matrix color: 10 YR 3/3 Other hydric soil indicators: None Is the hydric soil criterion met? SOILS Subgroup: Solis map unavail aole Yes ? No ? Undetermined No ® Histic epipedon present? Yes ? No No ® Is the soil Gleyed? Yes ? No Mottle colors: - - Yes ? No Rationale: Although the mapped Boll Series Is not available, field examination of the soil shows it to be a dry, friable, gravelly loam. There are some sand inclusions with a slightly brighter color (10 YR 5/4). The soil shows no evidence of reduction. HYDROLOGY Is the ground surface inundated? Yes ? No Is the soil saturated? Yes ? No Depth to free standing water in Pit soil probe-hole: Greater than 12" Other field evidence of surface inundation or soil saturation: None Is the wetlands hydrology criterion met? Yes ? No Rationale: No evidence of Inundation or saturation, Including soil mottling, rhizome discoloration, trash racking, leaf discoloration/matting, or crawfish chimneys. JURISDICTIONAL DETERMINATION 8s RATIONALE Is the plant community a wetland? Yes ? No Rationale for jurisdictional decision: None of the three crtteria are met. The vegetation shows some evidence of hydric conditions deeper on the site, but this Is expected in an area close to actual wetlands. ENVIRONMENTAL a SMOKY 6593 ? ,`• w` ` . TENNESSEE N. CAROLINA STS .{:..::...::: 5 Clingmcns 664 3 Dame Smoker S W A I N R? C r B i rd town `w orrtana Lake' dn E 2 28 1 3 61JTHERN Z INN z ??.3 Z f4 t heoah 7 i antaha r 7 'Topton r? g 1000 Wesser --? 15 1? ?PSS west: pP t' 2 1 NATIONAL lotla G Environmental and EneraY Consultants Almond 19 Lauada Steooah • Job Contour Interval -- I1$_N??1-ddE Scale in Feet --- Client NANfAg" 0l1lD01AR mQiW Graphic Scale a ?'fr+t1. Title AREA LacArop, MAP ewf c ....G (?N North cz? Notification for Nationwide Permit Permit Number: 33CFR 330.6 (b) (14) ENVIRONMENTAL Notification sent by CTA Environmental, Inc. 05 Name/address of prospective general -perm ittee Phone of prospective general permittee Nantahala Outdoor Center 41 Highway 19 West (704) 488-2175 Bryson City, NC 28713 0 Location of proposed project Al ong the Nantahala river, about 100 feet upstream of Nantahala Outdoor Center, ? - w .a; (+ Wesser, Swain County, NC Map Attached. Seven (7) copies of this PDN are being forwarded to the DEM.. Brief description of proposed project and its purpose "Id A parking are will be built on upland portions of the site (Also See Attached PDN for NWP 18) Two portions of the parking area will be connected by a minor road crossing under NWP 14 (See attached plan). This project is in a trout stream county, along the Nantahala River. No 404 permits have been sought for this specific site in the past. Total estimated acres of wetlands on this site: approximately 1.0 Total estimated acres of wetlands impacted on this site: less than 1/20 acre under fill. The extremely mountainous nature of the surrounding terrain severly limits buildable land. It is necessary for the parking area to be located in this area as it is one of the few remaining level areas owned by my client, In order to minimize impacts the parking areas have been narrowed and the crossing has been placed at the narrowest point. The surrounding land is Railroad right-of-way and property belonging to Nantahala Outdoor Center. The USFWS/NMFS has been contacted regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Signature of responsible party- The SHPO has been contacted regarding the presence of an historic properties in the permit area that may be affected by the proposed project. Signature of responsible party: -P+ (: M Notification for Nationwide Permit Permit Number: 33CFR 330,6 (b) (18) ENVIRONMENTAL Notification sent by CTA Environmental, Inc. Name/address of prospective general permittee Phone of prospective general permittee Nantahala Outdoor Center 41 Highway 19 West Bryson City, NC 28713 (704) 488-2175 Location of proposed project Along the Nantahala river, about 100 feet upstream of Nantahala Outdoor Center. Wesser, Swain County, NC Map Attached. Seven (7) copies of this PDN are being forwarded to the DEM. Brief description of proposed project and its purpose Minor fill • less than 25 cubic yards of fill material for extension of parking area. Impact area - less than 0.02 acres. See attached PDN for NWP 14 for further information on this project. Qualified Consultant: CTA Environmental, Inc. 6180 Atlantic Blvd,, Suite A Norcross, GA 30071 404/662-5979 The USFWS/NMFS has been contacted regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. _ Signature of responsible party: / The SHPO has been contacted regarding the presence of an his ric properties in the permit area that may be affected by the proposed project. Signature of responsible party: M U.S. Anny Corps of Engineers CTA Environmental, Inc. A=: SAWCO-E Wetlands Delineation Verification Request °BoX189o rlmington, NC 28402-1890 Determination performed by CTA Environmental, Inc. as a qualified Wetlands Consultant. CTA Environmental, Inc. 50 Executive Park South, Suite 5010 404/728-9217 Atlanta, GA 30329 Determination performed for: Nantahala Outdoor Center Phone: 41 Highway 19 West (704) 488-2175 Bryson City, NC 28713 The site is located: Along the Nantahala river, about 100 feet upstream of Nantahala Outdoor Center. Land Lot Number(s)/District: Not available. Distance and direction to obvious landmark: Adjacent to RR tracks, across from NOC. Nearby Stream or Waterbody: Nantahala River Type and purpose of proposed work: Construction of small parking area. Kind of equipment to be used: Standard Date construction is to begin, or was begun: ASAP Other pertinent details: This verification of jurisdictional delineation is for an area intended for crossing under NWP 14 to connect two parking areas which will be in the upland areas of the site. A pre-discharge notification will follow once verification is complete. The total impact area is less than 1/20 acre in area, and is less than thirty feet long across the special aquatic site (wetland). When a visit to this site is scheduled we would appreciate a contact from your office, so that we might be able to walk with you. Thank you. C.E. (Butch) Terry III CTA Environmental, Inc. 50 Executive Park South Suite 5010 Atlanta, GA 30329 404/728-9217 Authorized Signature te: QG76G? /?l CIA Environmental. Inc. DATA FORM ROUTINE ONSTTE DETERMINATION METHOD Field Investigator: Claude E. Terry III, Wetlands Coordinator Dq= September 24, 1992 Project Site: NOC - Behind RR tracks County. Swain Applicant/0"e. Nantahala Outdoor Center PlamtCommlmiry: Dry flats NC ---------------------------------------------------------------- )o normal environmental conditions exist at the plant community? Yes ® No ? (If No explain on back) iave the vegetation, soils or hydrology been significantly disturbed? Yes ? No ® (If Yes explain on back) •----------------------------------------------------------------• VEGETATION SOILS Dominant Plant Species ScientUk Indicator Stratum Depth from .. ...to Matrix color Mottle color 1. Sycamore Platanus accldentalls FACW Canopy 1. 0" 12" 10YR 3/3 -- 2. Tullp Poplar Llrlodendron tuliplrers FAC Canopy 2. 3. Blackberry Rubus argutus FACU Shrub 3. 4 Honeysuckle Lonlcera canadensis FACU Woody 4. Ironweed 5. Vernonla noveboracensls FAC« vine 5. Golden Rod Solldago arguta UPL Herb 6 6. Herb . 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAQ 45 Is the hydrophytic vegetation criterion met? Yes ? No Rationale: Canopy vegetation with deeper roots shows wetter conditions below the 12" regulatory limit, but surface growing vegetation Is clearly more mesophytic. SOILS Series/Phase: Soils map unavailable Subgroup: Solis map unavail able Is the soil on the hydric soils list? Yes ? No ? Undetermined Is the soil a Histosol: Yes ? No ® Histic epipedon present? Yes ? No Is the soil mottled? Yes ? No ® Is the soil Gleyed? Yes ? No Matrixcolor: 10 YR 3/3 Mottle colors: - - Other hydric soil indicators: None Is the hydric soil criterion met? Yes ? No Rationale: Although the mapped soil Series is not available, field examination of the soil shows it to be a dry, friable, gravelly loam. There are some sand inclusions with a slightly brighter color (10 YR 5/4). The soil shows no evidence of reduction. HYDROLOGY Is the ground surface inundated? Yes ? No Is the soil saturated? Yes ? No Depth to free standing water in Pit soil probe-hole: Greater than 12" Other field evidence of surface inundation or soil saturation: None Is the wetlands hydrology criterion met? Yes ? No Rationale: No evidence of inundation or saturation, including soil mottling, rhizome discoloration, trash racking, leaf discoloration/matting, or crawfish chimneys. JURISDICTIONAL DETERMINATION & RATIONALE Is the plant community a wetland? Yes ? No Rationale for jurisdictional decision: None of the three criteria are met. The vegetation shows some evidence of hydric conditions deeper on the site, but this is expected In an area close to actual wetlands. ENVIRONMENTAL CIA Environmental. Inc. DATA FORM ROU nNE ONSTTE DETERMIINATION METHOD .ieldinvestigator Claude E. Terry 111, Wetlands Coordinator Date. September 24, 1992 project Site: NOC - Behind RR tracks County: Swain NC Applicant/Owner: Nantahala Outdoor Center Plant Community: Toe of siope wetland ---------------------------------------------------------------- o normal environmental conditions exist at the plant community? Yes ® No ? (If No explain on back) lave the vegetation, soils or hydrology been significantly disturbed? Yes ? No ® (If Yes explain on back) •----------------------------------------------------------------• VEGETATION SOILS Dominant Plant Spe cies Scientific Indicator Stratum Depth from... ...to Matrix color Mottle color 1. Magnolia Magnolia grandiflora FAC+ Understory 1. 0' 12" IOYR 1/1 7.5YR 516 2. Dogwood Cornus Ilortda FACU Understory 2. 3 False Nettle Boehmerla cylln&lca FACW* Herb 3. 4 Smartweed Polygonum pensylvanicum FACW Herb 4. 5 Bur-Reed Sparganlum americanum OBL Herb 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL. FACW or FAQ 75 Is the hydrophytic vegetation criterion met? Yes [D No ? Rationale: Predominance of vegetation Is FAC or wetter. The dogwood found within the test area were on higher hummocks and along the drier edge. Series/Phase: Soils map not available Is the soil on the hydric soils list? Yes Is the soil a Histosoh Yes ? No Is the soil mottled? Yes ® No Matrix color: i O YR 1/1 with a slight gley Other hydric soil indicators: None Is the hydric soil criterion met? Yes SOILS Subgroup: Soils map not ava ilable ? No ? Undetermined 121 ® Histic epipedon present? Yes ? No ? Is the soil Gleyed? Yes ® No ? Mottle colors: 7.5 YR 5/6 ® No ? Rationale: This soli Iles between an inundated area and the drier, non-jurisdicttonal, portions of the site. It is a border sot], yet still qualtries due to gleying and mottling of the soil indicating frequent saturation leading to chemical reduction. HYDROLOGY Is the ground surface inundated? Yes ? No Is the soil saturated? Yes ? No Depth to free standing water in Pit soil probe-hole: Greater than 12' Other field evidence of surface inundation or soil saturation: Gleying and mottling indicate frequent saturation of the soil. Is the wetlands hydrology criterion met? Yes ® No ? Rationale: The hydrology in this area is marginal, due to current lack of saturation. It seems likely that water collects Inhere after rainfall events and exits through evapotranspiration. There Is no surface entrance or exit from/to the river. JURISDICTIONAL DETERMINATION & RATIONALE Is the plant conununity a wetland? Yes ® No ? Rationale for jurisdictional decision: Although the hydrology is suspect, the soil coloration and the hydrophytic species make this a wetland. There is a serious question about the adjacency of this wetland to the Nantahala river. Authorized Signature: ENVIRONMENTAL VI r?- ?RGnK. US""? I P?L CjkP-i- IV(13 - P, MEMO DATE: TO: t jw ??3 -- 1?6 SUBJECT: 1?? 5 ?. j ?a.r. m? From: c STATE q North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled Paper 'RR Qwrn •nAP` SMOKY r' .? M1? ?•:.: 6_593 ? f3.TC ? et TENNESSEE N. CAROLINA Smoken G R '? ?t$ i rd town ontanQ Lake sdn' 28 Clin9mcns 66.4 3 Dame 5 W A I N •.,cPT A 4? t heoah 1 i antaha r 7A tTopton g Wessex -' -? muss" 15 West: PP 2 lotl a NATIONAL Environmental and Energy Consultants , v TERN 13 1 ? Almond 19 Lauada Stecoah Job Contour interval -- ??g.N0?1-WE Scale in Feet - - Client NANTA9" OOrpooIR 40MA, Graphic Scale I = ?{M1. Title AlZA L4cA7bR MAP North QtWI State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Govenor January 8, 1993 A. Preston Howard, Jr. P.E. William W. Cobey, Jr., Secretary Acting Director Mr. C.E. Terry III .CTA Environmental, Inc. 50 Executive Park South Suite 5010 Atlanta, GA 30329 Dear Mr. Terry: Subject: Application for 401 Water Quality Certification Nantahala Outdoor Center DEM Project # 92705 Swain County The Division of Environmental Management received your application for 401 Certification-for the planned parking lot for the Nantahala Outdoor Center on 4 December 1992. Your plans are to fill about 0.05 acres of wetlands for a road crossing and parking lot (Nationwide 14 and 18). The Asheville Regional Office has requested that I visit the site to assist them in their review. I am planning to conduct a wetland training session and field review of projects during February 17-19, 1993. During that time, I plan to visit this project. Therefore DEM will not be able to make a 401 Certification decision before February 24, 1993. If this presents problems to your client, please inform me as quickly as possible. Also if you or your client would like to be present during my site visit, please call me so we can make arrangements regarding logistics. Thank you for your patience in this matter. I can be reached at 919-733-1786. Sincerely, J•hn R. Dornev W tlands and Tech ical Review Group nanta.ltr cc: Asheville DEM Regional Office, Kerry Becker Asheville Field Office Corps of Engineers Wilmington District Corps of Engineers Central Files Nantahala Outdoor Center - Manager REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486.1541 704/663-1699 9191571-4700 919/946.6381 919/395-3900 919/896.7007 Pollution Preventlon Pays P.O. Box 29535, Raleigh North Carolina 27626.0535 Telephone 919.733-7015 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 9, 1992 Regulatory Branch { Action ID. 199300608 and Nationwide Permit No. 13 (Bank Stabilization) Nantahala Outdoor Center Mr. Alan Mandrell 13077 Highway 19 West Bryson City, North Carolina 28713-9114 Dear Mr. Mandrell: Reference your application of November 23, 1992, for Department of the Army authorization to stabilize 135 feet of eroded riverbank by constructing a small stair-step retaining wall of railroad ties and stone on the Nantahala River at the Outdoor Center near Bryson City, Swain County, North Carolina. The proposal has been reviewed by the N.C. Wildlife Resources Commission (WRC) for potential adverse impacts to trout waters. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for bank stabilization activities provided: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type or is placed in any location or in any manner so as to impair surface water flow into or out of any wetlands area; f. No material is placed in a manner that will be eroded by normal or expected high flows; and g. The activity is part of a single and complete project. a -2- Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions, and those recommended in the attached December 1, 1992 WRC letter. This NWP does not relieve you of the responsibility to obtain any required State or local approval. Information regarding issuance of a Section 401 Water Quality Certification may be obtained through Mr. John Dorney, Division of Environmental Management, at (919) 733-1786. This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to David Baker in our Asheville Regulatory office at (704) 259-0856. Sincerely, Enclosure Copies Furnished (without enclosure): Mr. John Dorney Water Quality Section /Division of Environmental Management /North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 G. Wayne Wright Chief, Regulatory Branch Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 N.C. Wildlife Resources Commission Mr. Mickey Clemmons Route 1, Box 624 Waynesville, North Carolina 28786 E21 North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director January 20, 1993 Mr. Robert Johnson, Office Manager U.S. Army Corps of Engineers Regulatory Branch Room 75, Grove Arcade Building Asheville, North Carolina 28801 SUBJECT: Review of an application by Mr. C. E. Terry III of CTA Environmental, Inc. for the Nantahala Outdoor Center to fill 0.2 acre of wetlands adjacent to the Nantahala River in order to create a parking area, Swain County The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by Mr. Terry, and we are familiar with habitat values of the project area. An onsite investigation was conducted on June 6, 1992 to further assesses potential construction impacts on wildlife and fisheries resources. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d.). The applicant proposes to create two minor road crossings of wetland areas to allow the construction of a parking area at the Nantahala Outdoor Center. The Nantahala River is Designated Public Mountain Trout Water (DPMTW) and is managed as a Hatchery Supported stream. This stream offers good habitat for trout and supports a wild trout population as well as populations of other fish species. No federal or state listed threatened or endangered species are known to be present at this site; however, the wetland may provide habitat for bog turtles. The wetland area at the project site is a high quality wetland. An active beaver population exists there as well as various amphibians and probably a variety of birds. Fish were present in the open water area; however, we were not able to determine what species of fish. The high quality of the wetland has evidently been recognized by the landowners since they have created a viewing area for the site. The NCWRC is concerned over potential adverse impacts to aquatic resources in this drainage. Based on our commitment to the U.S. Army Corps of Engineers to request denial of Nationwide permits only when a project will impact trout populations, we cannot request denial of this project; however, that indeed would be our preference. This project will likely impact the habitat quality of the wetland. Runoff from the parking area has the potential to degrade the water quality of the pond and imperil the fish and amphibian populations there. Construction of the parking area will require the removal of woody vegetation that the beaver population requires. The constant presence of man in the wetland will cause those animals that can leave to do so and those that use it periodically, like wood ducks, to avoid the site. These impacts will be even greater because the high ground sites are fingers of.high ground that run out into the wetland and divide it into sections. The road crossings will cause further division of the wetland and may prove an obstacle to the movement of animals in the wetland. The NCWRC will not object to the issuance-of the permit provided the following conditions are met by the applicant: 1) Wetland crossings must be made with bridges to increase the ability of resident animals to move through the wetland. 2) An undisturbed 15-foot vegetated buffer zone should be left between the delineated wetland boundary and the parking area. This will provide some habitat for wetland mammals and serve to filter runoff from the parking area before entering the wetland. Thank you for the opportunity to review and comment on this project. If there are oiny questions regarding these comments, please contact Mr. Micky Clemons at 704/452-0422. Sinc rely, D nnis L. Stewart, Manager Habitat Conservation Program cc: Ms. Stephanie Goudreau, Mt. Region Habitat Coordinator Mr. Micky Clemons, District 9 Fisheries Biologist Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, DEM, Raleigh