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HomeMy WebLinkAbout20051176 Ver 1_Complete File_20050628F WAIF O?Q /4pG Michael E. Easley, Governor William G. Ross Jr., Secretary co 7 r North Carolina Department of Environment and Natural Resources J ? O C Alan W. Klimek, P.E. Director Division of Water Quality September 8, 2005 DWQ Project # 05-1176 Swain County Kevin King, County Manager Swain County Post Office Box 2321 Bryson City, NC 28713 Subject Property: Argenziano Streambank Stabilization Q SFP 2 0 2005 Approval of 401 Water Quality Certification with Additional Conditi _ w4rER Q?TM ?s mo STUWVVA? 8IRM H Dear Mr. King: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 800 feet of streams for the purpose of streambank stabilization at the subject properties, as described within your application received by the N.C. Division of Water Quality (DWQ) on August 1, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3367 (3367). The Certification (s) allows you to use Nationwide Permit(s) 37 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. This approval does not allow for any instream structures, instream work, nor island rock removal. This approval is only for stream bank sloping and planting for long term stability. If you change your project beyond that authorized below, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands Nv hCarolina Atatura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Swain County: Page 2 of 6 September'8, 2005 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream 800 feet Oconaluftee River 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Swain County: Page 3 of 6 September 8, 2005 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. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers 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. 7. Construction in this creek and disturbance within a 25-foot trout buffer should be avoided during the October 15 to April 15 trout spawning period to avoid adverse effects of sediment on eggs and larvae. However, Wildlife Resources Commission will not object to construction of Natural Resources Conservation Service "urgent and compelling" sites during the spawning period provided these projects are, to the extent appropriate and practical, constructed by: (1) using flow diversion structures such as sand bags, (2) placing large-sized rock toes and filter cloth backing for stabilization sites before backfilling, and (3) excavating new channel alignments in dry areas. Construction at the other non-"urgent and compelling" sites should not occur during the spawning period to minimize the potential adverse effects of multiple construction activities on trout resources in this creek. 8. 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 Swain, County: ' Page4 of6 September 8, 2005 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. 9. All structures (berms, levees, etc...) preventing stream access to its floodplain shall be removed. 10. Only clean, large, angular rock, large woody material, or other natural stream design materials and techniques should be used for bank stabilization. Rock should not be placed in the stream channel in a manner that constricts stream flow or that will impede aquatic life movements during low flow conditions. Filter cloth should be placed behind large rock that is used for bank stabilization. Properly designed rock vanes should be constructed wherever appropriate on bank stabilization and channel realignment stream reaches to improve channel stability and to improve aquatic habitat. Root wads should be installed low enough in the bank so that a significant portion (at least one-third) the root wad is inundated during normal flows. 11.The channel should be restored to a more stable condition. However, under no circumstances should river rock, sand or other materials be dredged from the stream channel under authorization of this permit except, if necessary, in the immediate vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for reestablishing the natural and more stable stream channel dimensions. Stream bed materials are unstable in flowing- water situations and are unsuitable for bank stabilization. In stream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the stream upstream and downstream of the permitted area should not be modified by widening the stream channel or changing its depth. 12. Stabilization measures should only be applied on or near existing erosion sites, leaving other stable stream bank areas in a natural condition. Grading and backfilling should be minimized and tree and shrub growth should be retained where possible to ensure long term availability of stream bank cover for aquatic life and wildlife. Backfill materials should be obtained from upland sites except in cases where excess stream bed materials are available. Berms should not be permitted because they block the floodplain, constrict and accelerate flood flows, and often fail and sometimes impede drainage during large flood events. 13. Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags or other clean diversion structures should be used where possible to minimize excavation in flowing water. Channel realignments should be constructed by excavating the new channel from downstream to upstream before connecting it to the old channel. 14. 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. 15. Disturbed stream banks and a 25-foot vegetated zone should 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, s. Swain County: Page 5 of 6 September S, 2005 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. 16. If pasture along the stream is to be used for grazing, a fence must be constructed outside of the riparian zone and the stream to prevent livestock from entering these areas. 17. Riparian Zone Replanting Replanting of vegetation within disturbed areas located within 25 feet of the streambank associated with any land disturbing activity, repair, replacement and/or maintenance must be done in a manner consistant with the Guidelines for Riparian Buffer Restoration immediately following construction. (Please see attached.) 18. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective woody riparian zones in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/ Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 19. Turbidity Standard The turbidity standard of 10 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. 20. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. Swain County: Page 6 of 6 September, 8, 2005 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing; You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, 4?1 e- - 14, Alan W. Klimek, P.E., Director Division of Water Quality AW Klkhb Enclosures: GC 3367 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Ken Futreal, Southwestern NC R & D Council 367 Dellwood Road Building E, Suite 3 Waynesville, NC 28786 USACE Asheville Regulatory Field Office DWQ 401 Unit - Central Office DLR Asheville Regional Office File Copy Central Files Filename: 05-1176. EWP.Argenziano.Approval 05-1176 - issued 09/08/2005 - BIMS on hold status Subject: 05-1176 - issued 09/08/2005 - BIMS on hold status S x, From: Kevin Barnett <Kevin.Barnett@ncmail.net> Date: Fri, 09 Sep 2005 08:54:54 -0400 To: ian.mcmillan@ncmail.net Kevin Barnett - Kevin.Barnett@ncmail.net. North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Kevin Barnett <Kevin.Barnett@ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 9/9/2005 8:59 AM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.F. Director Division of WaterQuality July 20, 2005 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Kevin King, Finance Director Swain County Government Post Office Box 2321 Bryson City, NC 28713 Subject Property: Swain EWP - Oconaluftee River Argenziano Property REQUEST FOR MORE INFORMATION Dear Mr. King: DWQ Project # 05-1177 Swain County QMc?IR MR 0 AUG 1 - 2005 WETLANDS AND ST RMW TERIBRANCH On June 22, 2005, the Division of Water Quality (DWQ) received your application to impact 800 feet of streams and to remove a mid-channel bar to provide bank stability adjacent to existing property and structures. 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 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: 1. Overall Project Description Under Section III. 10. of your application you indicate that the work proposed is a result of hurricanes Frances and Ivan. As the Argenziano family submitted an application to the US Army Corps of Engineers for the same work in 2004, this office is having difficulty understanding how this request for authorization is related to the referenced hurricanes. Additionally the submitted photographs do not indicate significant instability adjacent to this property, but instead indicate a lack of woody buffer to protect the stream banks. Additional indicators of instability must be provided in order for this agency to offer written concurrence to your request. Additionally, your submitted information includes no cross sectional dimensions for the proposed work area, nor any plans which would indicate the proposed final 101 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 'hone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc,us/ncwetlands one No thCarolina Naturallil >n Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Swain County Page 2 of 4 July 202005 dimensions of the "stabilized" stream segment. You must provide current and proposed final dimensional data in order for this application to be further processed. Next, your submitted application requests authorization to remove the mid-channel bar. As there is significant vegetation growing on the mid-channel bar, and provides a necessary stream narrowing function, this office cannot provide authorization for its removal. Lastly, the additional pages attached to your application indicate in-stream structures will be constructed. Nowhere in your application do you discuss the installation, nor the need for structures. You must submit a hydrological analysis and shear stress analysis, which would not only provide the needed data for the necessity on the installation of structures, but also provide for the sizing (both individual stone and whole structure size) and dimensions of these structures. You must submit such data in order for this application to be further processed. 2. Overall Project Description Under Section VI. 1. of your application, you do not provide specific details of the proposed impacts. A complete and through narrative of the proposed work needs to be included under this section. 3. Impact Justification (Avoidance and Minimization) Under Section VII. of your submitted application, you have provided no justification for the proposed activity. You must provide an impact justification, beyond a statement of the funding source (EWP), and why the funding source was created (the hurricanes), in order for this application to be processed. The Justification must include both scientific measurements of instability and hydraulic studies, which indicate that further instability will occur due to the dimensional stability of the stream. 4. Stormwater Under Section XI. of your submitted application, you have indicated that stormwater management is "N/A." As stormwater management is critical in the long term stability of properties and the health of streams, some form of stormwater management must be included in your application. The management of stormwater must include treatment and disposal, which would not provide for an additional source of streambank instability. 5. Sewage Disposal Swain County Page 2 of 4 July 202005 Under Section XII. of your submitted application, you have indicated that sewage disposal in "N/A." As wastewater (sewage) management is a required, you must provide an explanation as to how wastewater generated by the construction crews will be dealt with, and if this projects allows for any additional building sites, how its wastewater will be managed. Please respond within ten business days of the date of this letter by sending this information to Mrs. Cyndi Karoly in the Wetlands Central Office, in writing, and also to Mr. Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within ten business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions regarding to discuss this matter. Sincerely, Roger C. Edwards, Asheville Regional Supervisor Surface Water Protection Section RCE/khb cc: Kenneth R. Futreal, Project Leader Southwestern NC RC&D Council Swain County Page 2 of 4 July 202005 367 Dellwood Road Building E, Suite 3. Post Office Box 1230 Waynesville, NC 28786 Mickey Henson Appalacian Environmental Services 367 Scotts Creek Road Sylva, NC 28779 David McHenry, Mountain Region Coordinator NC Wildlife Resources Commission 20830 Great Smokey Mountain Expressway Waynesville, NC 28786 Cyndi Karoly, DWQ Wetlands/401 Central Office Mr. David Baker, USACE Asheville Regulatory Field Office File Copy Central Files Filename: 05-1176.OconalufteeRiver.ArgenzianoProperty.Add-Info Triage Check List FILE COPY Date: 07/07/05 Project Name: Swain County - Argenziano Riverbank Stabilization Project DWQ #:05-1176 County: Swain Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 6/28/05 to 8/26/05 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to your 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 (Neuse, 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! 1 -- APPALACHIAN ENVIKONMENTALJc-EKVICES LAND & WATER -- DESIGN & BUILD "The art in restoration is in the application, " 0 23 June, 2005 David Baker U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Re: Swain County EWP Projects Dear Mr. Baker, 1\`1'1r`,!T rEcIIVED N' 1i ?-r7 1.1=f ?? VL fn Swain County is respectfully requesting certification to stabilize streambanks along the Tuckasegee and Oconaluftee Rivers in Swain County. The first project is located at Nancy Argenziano on 800 feet of the Oconaluftee River. The second project is at the Ela Missionary Baptist Church and is located on 300 feet of the Tuckasegee River. Enclosed, please find the Pre Construction Notification (PCN) Applications, Project Plans and Appalachian Elktoe Surveys on both sites. If you have any questions, please do not hesitate to call me at 828-586-1973 extension 302 or by mobile at 828-342-3269. Thank you for your assistance. Sincerely, Mickey B. Henson, Ph.D., PWS, RF JUN 2 8 2005 Vice President T1AN SAN STO MWATERBRANCH Cc: John Dorney, NCDWQ, Wetlands Unit Kevin Barnett, NCDWQ, Asheville Regional Office Dave McHenry, NCWRC, Permit Coordination 367 Scotts Creek Road, Sylva, NC 28779 828.586.1973 Phone 828.631.0343 Fax mickey.henson@appalach ianenvironment.com www.appalachianenvironment.com 5 jva, NC = LonS Crv,i , 5C Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. i (If any particular item is not applicable to this project, please enter "loot 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 ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 37 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 919@ 1. Owner/Applicant Information ?[J{ Name: Kevin Kin. Finance Director, Swain County Government JUN 2 8 2005 Mailing Address: P.O. Box 2321, Bryson City, NC 28713 Tt DENR - "(ER QUALITY Telephone Number: (828) 488-9273 ext. 229 Fax Number: (828 488-2154 S'CRl?'ATERPRAt?'CH E-mail Address: kkingln,swaincount?org 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: Kenneth R. Futreal, Project Leader Company Affiliation: Southwestern NC RC&D Council Mailing Address: 367 Dellwood Road, Building E, Suite 3, P.O. Box 1230, Waynesville, NC 28786 Telephone Number: (828) 456-2519 Fax Number: Mobile Number: (828) 400-3279 E-mail Address: kfutrealnyahoo.com III. Project Information Page 5 of 12 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: Argenziano Riverbank Stabilization Prot 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 669500902065 4. Location County: Swain Nearest Town: Bryson CitX Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From US-74 West take the Whittier Exit to US-19A. Follow US-19A for 2.0 miles. At US-19 turn right (North). Go approximately 1.10 miles turn right at Motel Sian and w down hill to river. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 27'22" N 83'22'11"W 6. Property size (acres): 0.424 acres 7. Name of nearest receiving body of water: Oconaluftee River 8. River Basin: Little Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.statc.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Eroding riverbank at a rural home site 10. Describe the overall project in detail, including the type of equipment to be used: Riverbank Stabilization and removal of a rock bar deposited by Hurricanes Frances and Ivan using a Track hoe, Bulldozer and Tractor. Page 6 of 12 11. Explain the purpose of the proposed work: This project is an EWP project and the source of the damage to this site was Hurricanes Frances and Ivan. 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. 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: We are proposing to stabilize 800 feet of riverbank and the adjacent riparian area with native species. 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, senaratelv list imnacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) linear feet Page 7 of 12 N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 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 be included. To calculate acreage. multiply length X width. then divide by 43.560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Project Area Oconaluftee River Streambank Stabilization Perennial 100 if 800 0.51 ac Total Stream Impact (by length and acreage) 800 if 0.51 ac 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 N/A Total Open Water Impact (acres) 6. List f ae cumuiative tmoact to an waters or ute u..?). resuitmg from the nroiect Stream Impact (acres): 0.51 ac Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): Page 8 of 12 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation 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. This project is an EWP project and the source of the damage to this site was Hurricanes Frances and Ivan. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted 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 Page 9 of 12 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 htip://li2o.enr.state.iic.us/ncwetl,inds/strm?ide.hti-n1. 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at httt)://h2o.enr.st ite.ne.tis/wrp/index.litm. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Page 10 of 12 Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. SeNvage Disposal (required by DWQ) Page 11 of 12 n. n f. 1 t l .1' 1, 1 f' J V? Cloarly detail Lho ultimate treatment methods and disposition (non-discharge or discharge) of wa;:tcwater Sen:.rated front the proposed project, of available capacity of the subject facility. MR. Violations (required by DWQ) Is this site in violation of DWQ Wetland Mules (15A NCAC 211 10500) or any Suffer Rules? Yes ? No I Is this an after-the-fact p,,;mit application? Yc3 ? No MV. Cumulative Impacts (restored try DNN'Q) Will this project (bLsed on past and reasonably anticipated future impacts) result in additional 11 dcvelopment, which could impact nearby downstream water quality? Ycs ? No E ' If yci, plcasc submit a qualitative or quentitativc cumulative impact analysis in accordance with the moat recent Forth Carolina Division of Water Quality policy posted on our website at If no, please provide a short narrative description, I XY. Other Circuntntnaces (optional): It is the apphcant's re possibility to submit the application 3af5;iently in advance of desired construction dates to allow processing ?ime for these permits. However, an applicant may choos,! to list cc^straints asscciated with construction or sequencing that may impose limits on work schadules (e.g., dra v-do wi schtdules for lakes, dates assoeiatod with ndangered and Thraatvu: i i SptzL ies, accessibility problems, or other issues outside of the applicant's control). "Applicaut/A2ent's Signature Date (AS,oat's sipature la valid only if an authorization letter from the applicant is provided.) i Pege 12 of 12 J/// ? `r X000 \ ^?. 'GQ 'boo ,'O t \ ryo N . °o rv? 701 Op 1 °oo 20 f N 91 .210 taa / rs05 " •. oos? i,? e C?e?.. 9a G qti o00 oose'-G ?. ?0 2700... v ?1adO ?O °° Gc ?Cree FP O ry .,900. " 2000.. a - o , m pp $ Nick v //^\\ Botlo Ch" k e.lnd'ian ' ?. Heserva4o '? y" --' / r PROJEG ARGENZIANO? $JB?ESy o p. , S ? 9 ?.% ? nark?e S Cherokee Indian f _. - ooh ?? \??:ERSrpE- `?e 'q .. keservaeon 8 hg( pR? .2000 oo••,? ?. E \ JN?P. N O m DSO IUFTE l . S ? 8 EH7S I ,c °r 1 r 00 \ SSR 1558 '9Op.. O . 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I ;fJ APPALACHIAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE OCONALUFTEE RIVER, SWAIN COUNTY, NORTH CAROLINA Prepared for: Department of Agriculture Natural Resource and Conservation Service Swain County Bryson City, North Carolina Prepared by: John L. Boaze, Senior Biologist Fish and Wildlife Associates, Inc. P. O. Box 241 Whittier, NC 28789 JUN 2 8 2005 DENR - WATER QUALITY WETMIDS AND STORNMATER BRA14CH May 23, 2005 r APPALACHIAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE OCONALUFTEE RIVER, SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do streambank stabilization on approximately 600 linear feet of the Oconaluftee River just above the back water of Lake Ela (Figure 1). The work will consist of relocating a sand/gravel point bar in order to reestablish the streambank to its original location and configuration. This will provide protection to the existing, eroding bank. A federally endangered mussel (the Appalachian elktoe) has been recorded below Lake Ela in the Tuckasegee River of which the Ocanulaftee River is a tributary. The U.S. Fish and Wildlife Service has designated critical habitat for the Appalachian elktoe in the main stem of the Tuckasegee River below the confluence with the Ocanluftee River. The Appalachian elktoe may typically be found living in sand and gravel substrate between cobble and boulder, and under flat rocks, usually in moderate current at depths of less than three feet. The known host for the Appalachian elktoe includes, but may not be limited to, Banded darter Wounded darter Gilt darter Tangerine darter Greenside darter Olive darter River redhorse Sicklefin redhorse Northern hog sucker Warpaint shiner Mottled sculpin* Rock bass River chub" Central stoneroller Longnose dace Rosyside dace Etheostoma zonate Etheostoma vulneratum Percina evides Percina aurantiaca Etheostoma blennioides Percina squamata Moxostoma carinatum Moxostoma sp. Hypentelium nigricans Luxilus coccogenis Cottus bairdi Amploplites rupestris Mocomis micropogon Campostoma anomalum Rhinichthys cataractae Clinostoma funduloides 1 Mirror shiner Notropis spectrunculus Tennessee shiner Notropis leuciodus Since the Appalachian elktoe has been found below the project area, a survey was conducted to determine if the mussel is present witTun the project site. METHODS John Boaze and Charles Lawson from Fish and Wildlife Associates, Inc., and Wendell Pennington and Joel Worsham from Pennington and Associates, Inc. surveyed the Oconaluftee River from within the upstream boundary of the streambank stabilization project to approximately 250 feet below the project on May 20, 2005 for the Appalachian elktoe. All stream habitats were searched with the aid of view buckets or snorkeling. Since the Appalachian elktoe is typically found under flat rocks, occasionally rocks were turned over to search the substrate beneath the rocks for mussels. RESULTS No mussels were found within the area surveyed for this project. Available mussel habitat was very good within the project area as well as habitat for several of the host fish species: dace, northern hog sucker, greenside darter, other Percina species, sculpin, and redhorse. A map of the habitat present is included in Figure 2. RECOMMENDATIONS There are no mussels in the project area or immediately downstream of the project. Although habitat and host species are present in the Oconaluftee River, the Bryson Dam and Ela Lake act as a barrier to movement of the mussel upstream from the Oconaluftee River. Therefore, it is our conclusion that this project will have NO EFFECT on the endangered species, 41asmidonta raveneliana. 2 ?-. ?-"l .' J'/!I / r/ , .?...`,Y..?. , ??'?? 1 ?Y'?I. V? .II - ?•,J _ /} f ?G T< Ji J?111~ ';'";) yb, mil, , 1, ?. 7 ? \' 7 V J "?/ ?l??I '!?( ,5 1 / ?•} fi'r' .?nJ ^'^?/', ••`', IV If, ? 1 1 I \ ?1 r.-?'?J, 1\V. J ! , C'?i ?,t / ' `? . ?? r 11 ?t / / ? ? - -? ? _ \ ) / I (1 - /?_CL,,4? ( ??//? \) \`J !'< ?, '/ 1 1'\v?`\'I \N?n 1%?1,7 ?_ „\? ll? i???/. ..?. J///.;:? ? ,J?? \.? _ ,.?? ?fi_, V H, / :-./?, ?yl(, t,..Z,.`?\\ f_`. \ . Il 1 ??- 1?._?? ?\`vf ??1\\?_.??/? ?1?. ?_ '?,G? / II?!'•? / `?I\ '? ?....•a1?.:?. l` ?"• '< <' l?_J=J? `?-. 1i'i /G%???? -??}?11: ?' ?fS?'^-il v! ? ? A? _?_ r, i?)%/ ?? ? ????? ??i? ir;-"??'f •?!-??/ i??' cfJxo?l, ^? .1(,,? ('- ?? `''? c'-" .?.? L.,`?, 1\•li ??-_ 11? /? ?j t ('t? III--II?n L,\l\ ?L"I )! ) 1( /1`I ? ?V? ?"ti/?'??`rff•ii7?`: ?1? ?%??J / 114Ch.C \?j \?^?? ?! L Z.? ll J J ???? ?? ??, ?Jfjl t :1 ??,? ,? r,, ?J- ?, ,: \?.r ,. ' ' ' L ' ' ? ? ? ' J`? ?^ ?- ? ? ? ? _ ???? 1????a `•? ???????? ? , ??`? \ ?)?. ??_? V. \V \. ?\?? ?J? ``? ??? ? - '!r?'\? `?- J,? " 1?????? ??S,vll,?l tn?1 ,N \ ??,. t\ =?`Bir o* ? ? ? L \ ?\? \ ? , ??4 `. 1-? Z ±,? 1 ? ? ?;?j ;` ??`??i-r ' ??2?'? ? ', 'a i? `??; ,v NJJ ?? ` I? r? '? \ <? ?./J I • f'_ J r` Bic ow Cj2 I ??? ? r?,?' lG.???l? (``.. ?-'?<S? I /i?'4 (L??? `'"Cr Q? `j? ? rec,{-? liLA ' ?C? } ?''??" ??•`???? \? ?r1 ? ?- -TRACT I'? (?//?% „I)!r; /--•\ `(??(jf C?'.09? r! i? ?' j?? 7??J ?/?)??. t.0 \J(I =,\? `? G <i;Jt, -J? ;`` \ `31?r?'/j ?1? / S(1 , ?'';I?? ?? \J i •t ?• ?`- __ ?" • `? '??{ L 1;? f /f? 1 ?',' 1 . ^//((/ -_ ... - -? ?," lj \1\ ?? a1r ti? (eock iiJ! i'r i ?r'i 3 l_ 7 ?• < < ?1'S' (l `,? j ,??,, !. vJ r ? ^ lAMC?IZ1N10 , I r Swlrminl nao _J; ? - f ? ? ?I '???? ?JI 1??t``r--\ 1 ? 1i? ? , ?? ? ?? v ?,r-!"" j? {?V"? r+„3'. ` Mir ? ?t rl f,..1 i L ? 'y7 I ? <,? ? • ?. / ? J ??\ ' t CUurch ? • ,,,? h ? ? \ C ? (•?,-??-//- ?? ?J1 ? \?'\ ,m(r?fr?Qccl?„ ) ,,/^\??? ,. '?'?\??? `' {• J! 1 _ • ? l ` [3r•1 L7, ? ° • \ i l? , i1 ? r ',? r c it.r II?C rrr C'71 ' r ? ? ??' = `? r, \ • .• Pool JI ? ?? .f / ?l ? , 1( ?/ r { , ?\ ` r;?i It ? , 1 1'(?!Q - L CaoPerUT, /-' GL% ' / Fer Il n <?nd 1\f : ??f J,? ff\? (/ !'` \ \ ? 'I , \ ? ' ? ?- ( Y? t/ yf n? ?.%--- ? I ?• Or f ?\ t s ? 1?-- ?l i I I . ( I ? , _ : t l Governor I ' t ? ' ? ? 2 `- . r cc \zf A?- ? /( f3 \ r / • Island rcc,I! ( ` p ; - ?- Name: BRYSON CITY Location: 035.4539687° N 083.3813372° W Date: 5/25/2005 Caption: Figure 1. Location of mussel surveys on the Oconaluftee and Scale: 1 inch equals 2000 feet Tuckasegee Rivers, Swain County, NC. L'opyngn[ ((;) laas, Ivlapiecn, Inc. T alweg 2.3 ' 100 dee Silt sand 50 Left Ascending 2 3 Riu, ht Ascending Bank deep Bank 0 0 50? Silt sand-- 50 75 100 2 3' Grav el deep bar 100 Cobble and Vegetated with tall g asses ' Silt sand large gravel htl ilt d Li and young sycamore _ 150 g y s e ; Predominately cobb le and i large gravel 200 3'+deep 250 I Silt sand 300 i ' + 5 deep 350 4001 Thai eg Figure 2. Habitat map for mussel survey site atArgenziano project, Swain County, NC. i Project Nome: SWAIN COUNTY EMERGENCY" WATERSHED PROTECTION NANCY ARGENZIANO STREAMBANK STABALIZATION SWAIN COUNTY, NC Designer's Name: l- ApALAC HANl 367 SCOTTS CREEK RD SYLVA, NC 28779 828.586.1 973 FAX: 828.6)51-0J4,3 www.cppclcchicnenvironment.com CONTACT: Mickey B. Henson CHEROKEE INDIAN RESERVATION Gp?•r R0, SITE O VICINITY SKETCH o F@1-91 ? In J JUN 2 R 2005 Plan Sheet Index 1 - EXISTING SITE 2 - PROPOSED STABALIZATION 3 - DETAILS 4 - DETAILS .r ox" DENR Y- Tt? ??JA L Y YiEIDS f?"iD STOt?rnATER BRXi Project Nome.- SWAIN COUNTY EMERGENCY WATERSHED PROTECTION NANCY ARGENZIANO STREAMBANK STABALIZATION SWAIN COUNTY, NC Designer's Name: ApALAC MAN ENMONMENT A L SERI ES 367 SCOTTS CREEK RD SYLVA, NC 28779 828, 586.1973 FAX: 828.631.0343 www.oppolachionenvironment.com CONTACT- Mickey B. Henson CHEROKEE INDIAN RESERVATION GO?r R0, SITE 4 VICINITY SKETCH aggg \y1t-9pb q\ JUN 2 R 2005 Plan Sheet Index 1 - EXISTING SITE 2 - PROPOSED STABALIZATION 3 - DETAILS - -- 4 - DETAILS . J.'e" DENR • VJATER?QUA .ITY V,ETIR IOS fuND STCRf,,WER ERN, 4T 992.88' 993.77' 993.07' ® 993.91' 993.36® i J I?? `/993.67' (D 994.22' ` 993.49' /993.67' LO ® 993.74' O 0) 993.43' Q 992.76' 993.33' 992.93'0) / 993.31' ? i O p O O C> I 993.12' F 993.38' 993.40' ® 993.76' 0 993.66, LEGEND EXISTING CONTOURS EXISTING EDGE OF WATER 0 EXISTING TREES f 992.96' 993.12'(D ® 993.45' .asrrrr. O ® 993.03' 993.22' G 40 0 40 80 120 II 992.83' GRAPHIC SCALE - FEET ?l 8?> EXISTING NANCY ARGENZIANO m rrl SITE STREAMBANK STABALIZATION a SWAIN COUNTY, NC 0 0 LEGEND EXISTING CONTOURS EXISTING EDGE OF WATER 0 EXISTING TREES PROPOSED CONTOURS J-HOOK VEIN oc O PROPOSED RED MAPLE PROPOSED RIVER BIRCH 0 PROPOSED SILKY DOGWOOD 0 PROPOSED STRAWBERRY BUSH O PROPOSED POPLAR O PROPOSED WHITE ASH N w 0 40 80 120 JEL SCALE - FEET PROPOSED NANCY ARGENZIANO cn N m STREAMBANK STREAMBANK STABALIZATION,....N®? b STABALIZATION SWAIN COUNTY, NC :::.....? z ?°kRE ROOT EFEDLI NG PLANT IG "(D T. ;. al, 1F' T I STEPS IN PAR PL,",77G 1. /SEAT SW AS SHOW AND PL/SW UAN(YE FORWARD L RDAME rW DAR AND RACE SEEZYJAG AT CD412Cr Do771 d &UNT BAR J TO 4 RKHES FROM SEEM NG (TOWARD YOU) AND PULL MNOLC TO CLOSE 6GTTW OF HOLE 4. RAN HW40YE FORWARD TO CLOSE TOO Or Jql S REMOVE 64P AND CAREMRLY aOSE THE OPENING W77H YGUR APL TO AW SIUMW DC SEED? Q 71WS TrCHIAWE WILL NOT BE USED FOR CONTAAMZED TREES' 7. DD" OF HOLE MUST BE DEEP ENOUGH TO ACCOMOD/TE ENTRE 7AP RIOT. 6 AY051 RCOr-PREIWHC 7. A1,0D J-RO07WG (SEE 6 ASOVEJ 10. AO SFFDLHDS SHOULD L'; PLANrM KMW THE SEWER LINE R''C'Ir-CF-AAY. ks.rr1r'tVN7=u CAAM F VIIJI Z==LJILL6e?j ?. C6,LCZ? Silky dogwood(Comus omomum) R%ver birch(Belula n,*g-) Slrowberry bush(Evonymus omericona) Red mople(Acer ru5rum) Yellow poplor(Uriodend.on fub'pif-) While osh (FroYinus omericona) Dog hobble (Leucofhoe ronlonesiono) ?CQtZTP,U T,1O4A SEQUENCE 1. L4-W APPROVAL AND ISSLOACE OF APPLCIhE PMCTS, A PR--CONS7RCC17OV LaWVaDKZ WLL X GILLED AF NECESSARY ONE IFEEK PRIOR TO (RAMC. 1. WISTALL 1Dfi-ORARY EhYiSrt?N CONTROL ACASY.WES, ACM ROADS, m4wva ACCESS AND SrAONG AREA COATRACTOR SH4L DHA;ENAY A CLW7NLAOSLY M4N7AW ALL EAOStON CONTROL MEASURES, AMJ S77?LCI RM J PVb1MR f SMEAA45LW REPAYM DNSTALL #,SMLW STRLLRA--. AND TOE STASUJZ47XW. AS S7E 5 P.RIXC4'F 70 nNISH DEEIDE SIA94LRE AREA AS SNOWY OY PLAN CETAM1S AFTER STE S STAB4LRED WTH KGETA7AYN SMALAE TO Re.S1S7 ERDSt7N TEA VRAW EROSION CONTROL MCASIA7F5 SHILL BE RafOVFA 6 CONTACT OWMR ERCINFM AND COUNTY A(QN75 FOR WALK THROL.CH NSPLLDDIS. S PLANT Mr AND SHRUB SPECS W fALL t-r11uP1j ?:iIeIL--lp"El N07ES• 1. COYSTPo.CT NITER S49S AS NECESS4RY TO DNERr RLWOFF FRDIf HALL ROAD. 2. P'ROIwW STAGALM ACCESS ROAD MROLKM BUFFER AND RAMP N70 STREW. J. AESTOPL' STRfAA64W AND BLRFFR LPON COMPLETION OF SOLTPER AND a146£ REMOVAL. 18 Y METAL POSTS AT 10' O.C. MAX. 14 GOUGE, 6X6 (MAX. OPENING) WELDED WIRE HOOKED ONTO PRE-FORMED CHANNELS ON METAL POSTS. ULTRAVIOLET RESISTANT (BLACK) MIRIFI FABRIC OR EQUIVALENT, SECURED TO W7RE W/METAL CUPS OR WIRE AT 12' O.C. MAX. SEDIMENT STORAGE LEVEL. REMOVE SEDIMENT WHEN THIS LEVEL IS REACHED OR AS DIRECTED. SHEET DRAINAGE (ONLY) EXCAVATE 4' X 8' TRENCH UPSLOPE FROM SILT FENCE CARRY APPROX. 11' OF FABRIC INTO TRENCH, COVER W/SOIL & TAMP SACKFILL. CARRY WIRE AND FABRIC MIN. 8' BELOW EXISTING GRADE NATURAL GRADE T.•: f FENCES SHOULD NOT BE USED IN AREAS OF CONCENTRATED 'EEKS, DITCHLINES, SWALES, ETC.) NOT TO SCALE APPALA1CEJAH EM'IRONMENTAL SERVILES W a T"-- mrA wC em Ii1M1.M1 roc In.lxau O ON U Z Z <-j NQ z m f?- ?QZ V) 0 QYU Z(TI Q> Q:?E > z Q cn w cn 1n _J Q f- W 0 F1ELD PARTY: WH, J) DRAWN BY; JCE DEAL INITIAL DATH06-15-05 TODAYS DATE: C6-20-05 PATHWAY: SHEET 3 OF 4 K TREES NOT IN01047ED TO BE REMOVED SHALL BE PROTECTED DURING CON57RUC77ON IN ACCORD4NCE W17H PLANS AND SPEClnr,477ONS rrRXXLY, U477M WY BE PLACED ARO(AD BASE OF vasw MET- NO FILL S44U B£ PLACED ARO(AD TREE V NOTES: 1. ESTA&ISH TOE OF :•.. e•;•.,'•.:. PROPOSED STREWSWK W17H 24 84NXS APE TO BE SEEDED AT A RATE Or AV LB/ACRE IWL.WE AND 54W ROOT SEFD{NGS PLAN7ED CN 12' P6'r4LL CCQ U42`72NC AS SHOWN ON PLANS INCH DIAMETER STONE UND£RL LYAC D ixi? r a ? AYED WITH GE07DMLE FABRIC IE / / x12* 2. LtY84CK TOP OF' SLOPE AS NEEDED TO m..6'vomm: :• SLOPE OF 2:1 "' .. -T J. COU4CT nL L IN SIX 0457ALL 24 ARIAAAP S70AC INCH LIFTS IN ERODED LA&YRLAYED 077H GEOTWU AREA, NOT 70 SCALE 4• PROVIDE SOIL AMENDMENTS SEED AND COVER WITH CO7R A14rnNG. STAKE AIAT77NO ON J' CENIERS W77H MINIMUM 12' STAKES 5. ESTABLISH ADCOU47E GROUND COVER D47LY CROSS SE-LON (MhKFULL) 2030° FLtiNT OF BELOW OUDE l A69 cr 112 V NE (FLOW URWCC LEAC7H 1 yea N078 BOULDERS / PLAN VIEW SHOULD BE VERY LARGE 00 AREA OF zs ro J x war LLNCM T7E IMO TOP OF BANK, Z5 ix R EFERABLY \ NOTE.- BOULDERS ?l /srr?w BoiTOU SHOULD G BE VERY FOOTER DEPTHS BELOW SUBSTRATE NCTL• RTE HEADER ROCK SHOULD BE OFFSET UPS7,WW OF DR' FOOTER ROCK =R 8EIEFARI THE FDOTSP ROCK W4I. GUISE FAAURE RD= SHOULD B£ FRIED A$ri1C411LLY TO AWLD DNS xr ?• m ? s a t?, m a c ? O am m a m '? a d a m \ a ?. -?- am a? m \ m a a m m \ m Ts - CHANN--2: MISTAL lUlMHO a a a s as _,?' a• a ?„ s a ?. ?. a mss. as ?. a ,?,. am a a a as s a m. sa ?' ?aa. ®. as _,as as a ®• o. ? ?°' ?,""' a a a ?+• m. a ?' s Ci a a ?• a a ANCHOR TRENCH * *r r • +,?trq TERMINAL SLOPE AND CHANNEL oo? X04 CX SLOT AT 25' (7.6m) NER?ALS rsDMETRK vrEw r r * r r(rra) 4s; \'y ?7.... A CHANNEL ANCHOR TRENCH INTERMITTENT CHECK SLOT NOM- 1. CHECK SL07S TO BE CONSM A W PER WLWFAC7LREW SPECfrARD.NS Z SDAKAN' OR STAPLAN" LAYOUT PER MWIA?ACIURLRS SPErFr AnOhlS v .r ,; ii7• rEt. ' 7P0 ) rA y {VL r ? ?`" AP?kLACHiAN FMIRDNMENTAL SERJICES ur wm,a-tt xro ?rtv? ac nrn ru mxs mu A? 975 B. _O ON QJ NQ Zm J Q rV //F--? ry < ?Z UQ Zm Q:?i ZW J_ Q I- W 0 Z O U _Z Q c / FIELD PARTY: YN, JD DRAWN BY. JOE DEAL DRAWN DATE-08-13-05 TDDAYS DATE 06-20-05 PATHWAY: SHEET 4 OF 4 'TR4CKPwG, WRH AtAnworrw L.p AHD DOWN THE SLLA'E PROAXS GOOOVFS THAT *XL CATCH SLED, &UA.FALL AND RLXGX RLMOrF, r APPALACHIAN ENVIKONME.NTAL SE.KVICE.S `j LAND & WATER -- DESIGN & BUILD "The art in restoration is in the application. " 0 Pi', 'i'I 1 LE i T RECEIVED 23 June, 2005 David Baker U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Re: Swain County EWP Projects Dear Mr. Baker, Swain County is respectfully requesting certification to stabilize streambanks along the Tuckasegee and Oconaluftee Rivers in Swain County. The first project is located at Nancy Argenziano on 800 feet of the Oconaluftee River. The second project is at the Ela Missionary Baptist Church and is located on 300 feet of the Tuckasegee River. Enclosed, please find the Pre Construction Notification (PCN) Applications, Project Plans and Appalachian Elktoe Surveys on both sites. If you have any questions, please do not hesitate to call me at 828-586-1973 extension 302 or by mobile at 828-342-3269. Thank you for your assistance. Sincerely, Mickey B. Henson, Ph.D., PWS, RF Vice President Cc: John Dorney, NCDWQ, Wetlands Unit Kevin Barnett, NCDWQ, Asheville Regional Office Dave McHenry, NCWRC, Permit Coordination 367 Scotts Creek Road, Sylva, NC 28779 828.586.1973 Phone 828.631.0343 Fax mickey.henson@appalachianenvironment.com www.appalachianenvironment.com Syiva, NC = Long Gcc'',, 5C Office Use 0111y: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to tins project, please enter nNot Hppucaoie Or N/A .) Proccssinb 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested NWP 37 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 Enviromnental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Kevin King, Finance Director, Swain Mailing Address: P.O. Box 2321, Bryson Cit, Telephone Number: (828) 488-9273 ext. 229 E-mail Address: kkinal(Da swaincounty.org County Government ? NC 28713 ?IUN 2 ? 2005 Fax Number: (8282488-275 DENR WA(EtrUA1`E!t6irwacri y .TJ1 5 fg) s+c 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: Kenneth R. Futreal, Project Leader Company Affiliation: Southwestern NC RC&D Council Mailing Address: 367 Dellwood Road Building E Suite 3, P.O. Box 1230, Waynesville, NC 28786 Telephone Number: (828) 456-2519 Fax Number: Mobile Number: (828) 400-3279 E-mail Address: kfirtrealn,vahoo.com III. Project Information Page 5 of 12 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: Argenziano Riverbank Stabilization Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 669500902065 4. Location County: Swain Nearest Town: Bryson City Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From US-74 West take the Whittier Exit to US-19A. Follow US-19A for 2.0 miles. At US-19 turn right (North approximately 1.10 miles turn right at Motel Sign ando down hill to river. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35'27'22"N 83°22'11"W 6. Property size (acres): 0.424 acres 7. Name of nearest receiving body of water: Oconaluftee River 8. River Basin: Little Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Erodiniz riverbank at a rural home site 10. Describe the overall project in detail, including the type of equipment to be used: Riverbank Stabilization and removal of a rock bar deposited by Hurricanes Frances and Ivan using a Track hoe, Bulldozer and Tractor. Page 6 of 12 11. Explain the purpose of the proposed work: This project is an EWP project and the source of the damaize to this site was Hurricanes Frances and Ivan. 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. 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: We are proposing to stabilize 800 feet of riverbank and the adjacent riparian area with native species. 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, senarately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (es/no) (linear feet) Page 7 of 12 N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 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 acreage. multiply length 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 Project Area Oconaluftee River Streambank Stabilization Perennial 100 if 800 0.51 ac Total Stream Impact (by length and acreage) 800 if 0.51 ac 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 N/A Total Open Water Impact (acres) 6. List tl he cumulative Impact to all waters or uie U.J. resultinQ irom the protect Stream Impact (acres): 0.51 ac Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): Page 8 of 12 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation 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. This project is an EWP project and the source of the damage to this site was Hurricanes Frances and Ivan. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted 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 Page 9 of 12 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://l12o.eiir.st.ite.nc.us/iicwetl,inds/stn-ngide.htiiil. 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at littp://h2o.enr.state.ne.tis/wrp/index.litm. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 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 Envirornnental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Page 10 of 12 Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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. I I Zone* Impact Multiplier Required (square feet) Mitication 1 I 13 (2 for Catawba) 2 1.5 Total I I I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Storinwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewa ;e Disposal (required by DWQ) Page 11 of 12 Yes ? No X. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? 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. I I Zone* Impact Multiplier Required (square feet) Mitieation I I 13 (2 for Catawba) 2 1.5 I Total I I I I * 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. XI. XII. 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. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A Sewage Disposal (required by DWQ) Page 1 I of 12 Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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 multit)liers. I Zone* I Impact I Multiplier I Required lsauare feed MitiLation I 1 1 1 3 (2 for Catawba) 2 1.5 Total * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) Page 11 of 12 D !) Clsarly detail tho t:ltimpte treatment methods and disposition (non-dischargo or dischuge) of waztcwater Sen:rtated from tlao proposed project, o7 available capacity of the subject facility. XI11. Violatlons (requirtci by DWQ) Is this aitc in violation of DWQ Wetland Rules (15A NCAC 211,0500) or any Buffer Rules? Y.:s ? No S Ts Laic an after-the-fact p=it application? `!c3 ? No 2 X IV. Cumulative Impacts (required by DMIQ) Will this projoct (based on past and reasonably anticipated future impacts) result in additional development, which could irpsct :sea.-by downstream water quality? Ycs ? No gl If yes, nlcasc submit a qualitative or quantitative cumulative impact analysis in accordance with the m.= recent North Carolina Division of Water Quality ;policy posted on our website at h;L,IIaLo,4nt.tt•. c?r?:W,iLlsnds. if no, please provide a short narrative description; XY. Other Circunma,aces (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of de6ired constraction dates to allow processing time for these permits. However, an applicant may choose to list o. restraints asscciated with construction or sequencing that may impose limits on :west: schedules df;%vv-dowry schedules for lakes, dates associated Nvith '16171-ad angered and Mrnaty a5d Spa: ics, a;ressibilityproblim, s, or other issues outsid-, of the applicant's control). - --- 7 "' ApplicautlAgent's Signature Date (A8cat',s suture is valid only if za authorization letter from the applicant is provided.) Pcp- 12 of 1?. a \J app l ?:?. 'fa 7? o o? \,• l \ i \ 00 d ?Jpp. f o o ? \ p?1 ?p r 2joo 9 9 ? - ? OP o Oo JJy / LrPf_r N ?? .. / / ' y 14 oos °s c k , ?OOSBY 2100 C\ `'9l .. poo \ 7p pp \pn5 ?o ^00 Gc Gee 10 8 1900" ' X00 (J " 2000 _ _ _ •, - , pp o Nick Cherokee. ndian / • ? ?v ? Z P a OJE?Cr - R? IANO?- ?$r` _ ono... 1000 O ? ? ? :?_..? .- nv/U,?P - S Ch r,kee Iervahondnan /000 ? ? ??rI.ERSIDEO -: per ? .? Re 9 ql/IC?I? •y ?' _ ., .2000 _ R, ??S R?? : . ? 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Jl•Y' d.4�y't'r °.''d4t:\,c,.�1/ t' / ��r + '''s r�'�a�e�'v �{ f ,,lY��w�, t�P �, v { r 'J"•r 14 �fr S� .t, r J .� � �K �y )� � r �,�fF"+' I APPALACHIAN ELKTOE (ALASMIDONTA RAVENELMNA) SURVEY ON THE OCONALUFTEE RIVER, SWAIN COUNTY, NORTH CAROLINA aF=@[9-Rq91 JUN `L 8 2005 DENR • WATER QUALIV Prepared for: WETLANDS AND STOMMATER BRANCH Department of Agriculture Natural Resource and Conservation Service Swain County Bryson City, North Carolina Prepared by: John L. Boaze, Senior Biologist Fish and Wildlife Associates, Inc. P. 0. Box 241 Whittier, NC 28789 May 23, 2005 r . APPALACHIAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE OCONALUFTEE RIVER, SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do streambank stabilization on approximately 600 linear feet of the Oconaluftee River just above the back water of Lake Ela (Figure 1). The work will consist of relocating a sand/gravel point bar in order to reestablish the streambank to its original location and configuration. This will provide protection to the existing, eroding bank. A federally endangered mussel (the Appalachian elktoe) has been recorded below Lake Ela in the Tuckasegee River of which the Ocanulaftee River is a tributary. The U.S. Fish and Wildlife Service has designated critical habitat for the Appalachian elktoe in the main stem of the Tuckasegee River below the . confluence with the Ocanluftee River. The Appalachian elktoe may typically be found living in sand and gravel substrate between cobble and boulder, and under flat rocks, usually in moderate current at depths of less than three feet. The known host for the Appalachian elktoe includes, but may not be limited to, Banded darter Wounded darter Gilt darter Tangerine darter Greenside darter Olive darter River redhorse Sicklefin redhorse Northern hog sucker Warpaint shiner Mottled sculpin" Rock bass River chub" Central stoneroller Longnose dace Rosyside dace Etheostoma zonale Etheostoma vulneratum Percina evides Percina aurantiaca Etheostoma blennioides Percina squamata Moxostoma carinatum Moxostoma sp. Hypentelium nigricans Luxilus coccogenis Cottus bairdi Amploplites rupestris Mocomis micropogon Campostoma anomalum Rhinichthys cataractae Clinostoma funduloides 1 Mirror shiner Notropis spectrunculus Tennessee shiner Notropis leuciodus Since the Appalachian elktoe has been found below the project area, a survey was conducted to determine if the mussel is present within the project site. METHODS John Boaze and Charles Lawson from Fish and Wildlife Associates, Inc., and Wendell Pennington and Joel Worsham from Pennington and Associates, Inc. surveyed the Oconaluftee River from within the upstream boundary of the streambank stabilization project to approximately 250 feet below the project on May 20, 2005 for the Appalachian elktoe. All stream habitats were searched with the aid of view buckets or snorkeling. Since the Appalachian elktoe is typically found under flat rocks, occasionally rocks were turned over to search the substrate beneath the rocks for mussels. RESULTS No mussels were found within the area surveyed for this project. Available mussel habitat was very good within the project area as well as habitat for several of the host fish species: dace, northern hog sucker, greenside darter, other Percina species, sculpin, and redhorse. A map of the habitat present is included in Figure 2. RECOMMENDATIONS There are no mussels in the project area or immediately downstream of the project. Although habitat and host species are present in the Oconaluftee River, the Bryson Dam and Ela Lake act as a barrier to movement of the mussel upstream from the Oconaluftee River. Therefore, it is our conclusion that this project will have NO EFFECT on the endangered species, Alasmidonta raveneliana. 2 :???j• r\..? \,li)` ( /:?? ?N`1L7 -%r//?,I-!t; 1"lC(';x SI >v,\(/ ?`?l))•n,t /-l /JI'•IIi%??,` ?r -- fir' ?J( u G ., JI-?-- i? :\\. JJr - t (r? ( -'??! ?„ /C: ? r •,.: t ` -' c l?'• (r rr l l _ ?r?a f?7 J`? A??r. c , 1\ r = L • ?L' 11 _ c k? % '?r?. _r ?°??tO ? r, ? : ? ? `` ? 1, u r') /?. .? i ?_' 1 C y 0??•??1 i/. l C ?1 l37 ? 1 q i ?l_ i ??\ -? )rl?!•?. ' `/1 r•-t?-"?`> llf??'? ?7?bl! c\1A iU-7 7?'?3ESE R'ATIO'/ u \Go \ `?? 1KJ?./•) '\? .I' lil f ( ?n 7 7 L? ?'• ?' 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A. rir -'i`: \?...1 / ;), r..>~ HC?f ^?il?? `?\a//i ./?! 1, V1, V, ?? l., -?\\` ?? 3C\ l (',? :,i ;i/ / 'f ?;\'/" i ! 1, t i, )t •\ ; r: v!i, ')ilt / ,.JJ. \\)J; = mpmg Name: BRYSON CITY Location: 035.4539687° N 083.3813372° W Date: 5/25/2005 Caption: Figure 1. Location of mussel surveys on the Oconaluftee and Scale: 1 inch equals 2000 feet Tuckasegee Rivers, Swain County, NC. Copyright (C) 1998, Maptech, Inc. T lalweg 2.3 ` 100 dee Silt sand 50 Left Ascending 2-3 R iu Iit Ascendin" Bank deep Bank 0 ?0 50 Silt sandy 50 75 100 ' Grav el 2-3 deep bar 100 Cobble and d with tall gr Vegetat asses Silt sand ' large gravel and young sycamore i 150 Lightly silted; I Predom inately cobb le and I large g avel 200 3'+deep 250 Silt sand 300 ' + 5 deep i \ 350 Thalweg 400 Figure 2. Habitat map for mussel survey site atArgenziano project, Swain County, NC. Project No me.- SWAIN COUNTY EMERGENCY WATERSHED PROTECTION NANCY ARGENZIANO STREAMBANK STABALIZATION SWAIN COUNTY, NC ?L14 Designer's dame: ApPAA H AN 367 SCOTT.S CREEK RD SYLVA, NC 28779 828.586.1973 FAX: 828.631.0343 www. cppG1Gchianen vironmen t. com CONTACT: Mickey B. Henson Plan Sheet Index 1 - EXISTING SITE 2 - PROPOSED STABALIZATION 3 - DETAILS 4 - DETAILS r.2 .1 CHEROKEE INDIAN RESERVATION GOV'r RD. 19 SITE V OGO?R\??? VICINITY SKETCH 9@9W125 JUN 2 B 2005 ICH tidE WID MDS On.4" RE --l' 992.88' 993.77' 993.07 ® 993.91' 993.36® 1?1\ 993.67' ®994.22' 993.49' 993.67' (D 993.74' 0) 993.43 c f 1 992.76' 993.33' 992.93'0 ® 993.76' 993.31' O p O p O 993.38' 993.40' 992.96' 993.22' 0 992.83' 993.12' 993.12' 0 Z ?c-- ® 993.03' (D 993.66' ® 993.45' LEGEND EXISTING CONTOURS EXISTING EDGE OF WATER EXISTING TREES UV ,astttrt:r`f. 40 0 40 80 120 MEW - Ltn 17, GRAPHIC SCALE - FEET a s:; EXISTING NANCY ARGENZIANO ' x N ? O x SITE STREAMBANK STABAUZATION FPO ?? SWAIN COUNTY, NC "....? ??......wU g ??? ??; rye;. 0 0 LEGEND EXISTING CONTOURS EXISTING EDGE OF WATER EXISTING TREES PROPOSED CONTOURS J-HOOK VEIN oc PROPOSED RED MAPLE PROPOSED RIVER BIRCH PROPOSED SILKY DOGWOOD 0 PROPOSED STRAWBERRY BUSH 0 PROPOSED POPLAR 0 PROPOSED WHITE ASH N _. WI E 0 40 80 120 SCALE - FEET F - PROPOSED NANCY ARGENZIANO F N io co, N STREAMBANK ° ?? ' ` -m ?N STREAMBANK STABALIZATION ..??.? pl, STABALIZATION` SWAIN COUNTY, NC Cam, :::. r MARE ROOT SEMLING PLAMNS, 1 ?? Iti ?' R• 5'...s? f. , a T 'o '6 • v' Q SfTPS IN PAR RUNT[W^ 1. ASERT BAR AS S <*% AND PLISH NW f M RWARO, 2, Rf3RTf W BVb AND MAC SEEWhU AT cPRp-rcr DD,% .1 AISERT BIR J TO 4 NVC5 FROM .,.EDEN,- (TOWAR'J ruv) AND PULL HANDLE TO CLOSE BCTT W OF HME 4. PGSH tMD FORWARD TO CLOSE TOP EK 1`I S PEMOVE BAAL AND C44EFUllY CLOSE THE O'ENNG WITH Yam Ada TO AMC PaMOC DIE SErMAA: 6 7MS TECHRADUE IIEL NOT B USED FOR CONTAArEPM 7P=' 7. DEPTH OF HOLE MUST BE DEEP ENOUGH TO ACCOYOCIATE ENTIRE TAP ROOT. 6 AVXI ROOT-MUNdA; D. AO" J-RO07NO ('.FF 6 ASOVEJ. TO FA SEEDMGS SHOULD BE PLANTED MN rHE SEWER LINE Rt--IT OF-WAY MAPPROVE® BARE RC®T SEEDLING SPECIES (Dolma Folelle - Nool Tree Seedmos Silky dogwood(Cornus omomum) P,iver bbch(Belulc nigro) 51-berry bush(Evonymus omericono) Red -ple(Acer rubrum) Yellow DaD1Dr((iriodendon turpilero) whHe osh (Tro+lnus omericono) Dog hobble (Leucolhoe ronloeslonc) ?LUN15iKULAW d 1. UPON APPROVAL ANO KSUANCE Or A-PLA"f- PERM17S. A PR-ECCWSMICTION CCNrT7C7VC1 Writ E'£ C4UM F NECEMRY ONE WEE% PRfCR TO CRAONG 2. ASTALL TEUPOR4 EROSION CONTROL AFAS RE%, ACES,- ROADS CM44A2 ACCESS AND STACNG AREI. CONTRACTOR SHALL DIAXWMY ! CO&71NLA=Y M4A7AWA ALL EPOSAON CONTROL AF„ ASURES, AND STRfMPM .1 P[ERfORW STRE4Y54W REPAIRS, MTALL ASTREAU STRLMAE$ AAA TOE STASUMITM AS SITE IS B.ROF?!T TO TPASM CRS STA -401 ARE4 AS --.C10N LW MAN LE741-'Z AFTER SITE' 5 STA34= W M VECETAThXI SUTARE TO R.SlST EROSION TZAR-0a RY ERDSAON CONTROL AISASURES SHALL BE REWJYFA 4. CONTACT OMMR ETM'IACLR AND COUNTY AaE]M fOR WALK VIRCAACH ANS. S PEAVr TP.2' AAA -9'M3 SPEC= AV MILL P1L ?_??? •v .5-1 PU=A11 AATA`. 1. CONSTRUCT WATER BARS AS ACCESSARY TO D CRr RWOFF FROM NASA. ROAD. L PROVLRE STABILIZED ACCESS ROAD P&WCH BUFFER ANO RAWP INTO STREAM. .1 RESTORE SiRCA SAW AND BL17ER UPON COMPLETION OF BJUIQR AND COBBLE REMOVAL r B 8 1 Y METAL POSTS AT 10' D.C. MAX. 14 G4UGE, 6X6 (MAX. OPENING) WELDED WIRE HOOKED ONTO PRE-FORMED CHANNELS ON METAL POSTS ULTRAVIOLET RESISTANT (BLACK) MIRIF) FABRIC OR EOUNALENT SECURED TO WIRE W/METAL CUPS OR WIRE AT 12. D.C. MAX. SEDIMENT STORAGE LEVEL, REMOVE SEDIMENT WHEN THIS LEVEL IS REACHED OR AS DIRECTED. SHEET DRAINAGE (ONLY) EXCAVATE 4' X 8' TRENCH UPSLOPE FROM SILT FENCE CARRY APPROX. 12' OF FABRIC INTO TRENCH, COVER W/SOIL & TAMP BACKFILL, CARRY WIRE AND FABRIC MIN. 8' BELOW EXISTING GRADE NATURAL GRADE TE T FENCES SHOULD NOT BE USED IN AREAS OF CONCENTRATED 1EEKS, DITCHLINES, SWALES, ETC.) NOT TO SCALE h I .e? APFALACKIAN EYMRONMENTAL SERVICES -C%n C-x MIA. t UM M..IM.MI I-I6. 00 O 0NU ZNZ QJ NQ Z m f- WQ z 0 V1 D O QYU ?zZ UQ? m Q:?i? Z Q (n W cn [n _J Q I- lLJ 0 FIEM PARTt% UK JO DRAM MI JOE DEAL INMAL DATE08-13-M TODAY'S DATE: 05-20--C5 PATHWAY. SHEET 3 OF 4 i Ile NOTES 1 ESTABLISH TOE OF r.',,-• .' ?? + . ? • `• ; j . . ; , PROPOSED STRFAM84NK WITH 14 • . INCH DkW-'IR STONw "' : . ' UNDERLAYED WDH ATfD? GE07DMLE FABRIC 2 LAYBACK TOP OF SLOPE AS NEEDED TO ACHIEVE A MAXIMUM SLOPE Of 1:1 J. COl[ACT nu. IN SIX INCH LIFTS IN ERODED AREA. 4. PRONDE SOIL AMENDMENTS, SEED AND COVER WITH COIR MATTING, STAKE MATTINC ON 3' CENTERS WITH M1N9MUM 11' STAKES 5. ESTABLISH ADEOWTE GROUND COVER DULY TREES NOT 1ND/G7ED TO BE REMOVED SHALL BE PROTECTED DURING CONSTRUCTION IN ACCORDANCE WTM PLANS AND SPECIM477ON'S flsY.BLY. MAT71W MAY LE PLACED AROLAND RISE or Eorm TREE NO FU 911!1 BE PLACED AROUTA TRff 644YS ARE TD Be 4'IDED AT A RITE Or W LB/ACRE aV ?IG]TLWE A1t7 84R£ ROOT SLFC4AICS PL4%7E7 ON 12' SPA: p4rAu CAR A4T7H0 AS SHOWN ON PLANS \/ n 015TML 21',A4CXLA•4?51t1`E,/ :P. UNDEMAYLD IWM CE07a7LE NOT TD SCALE CROSS SECTION (6ANKFULL) :D?Dd POWT Or ^ BELOW CRADE SIREAWI,? L3WK ALHICr 1/2 V C- (nOW DIREC LLNCTH 1 NOTE' BOULDERS sD' PLAN VIEW SHOULD BE VERY LARGE 00 ARrA Or STPZW roAx PPR0 VANE LLN?nI RE INTO TOP OF BANK, 15 TO 3 x EFERABLY NOM BOULDERS sr,,AAr ,TT,, SHOULD BE VERY LARGE LI) FOOTER DEPTHS BELOW SUBSTRATE NOTE: TIE HEADER ROCC SHOW LE O'7SEr UPSTREAM Or 711E FOOTER ROCK. =R PATH THE FWTER ROCK WILL CAUSE FAAURE ROCKS SHOULD W rMrD NUMDUA LY TO AMID CPS. .r.?. s ?• cs ..?aa? s ®' m• vm ®? a• i .vs. m m ?• s ®. ?„ s ms..? as m ?, m s m m• °• 'rRACKA r• mN u4Cr6rERr UP AND DOWN 7H5 SLOPE PROVIDES ?• °?,?, ?• °r?„ '°• ?,®? CROO ES TH4T WILL CATCH SEED' \ o R4NFIL. AND REDUCE RUN001r. ANCHOR TRENCH *r r 41* r \NA• ?r:rrr rnv "^. TERMINAL SCOPE AND CHANNEL +? ?7AKC Ar •r r N r r + r r of PECK SLOT AT 25' (7.6m) M7V?VALS ? 150METR7C NEW r 5i CHANNEL ANCHOR TRENCH r r r (?xa.,0 •r INTERMITTENT CHECK SLOT NOTES 1. CH= SLOES 10 BE Cd87RUC1ID PER MNA/FACTMERS SPEC07CATIOPM 2. S7APOW OR STAPLAC LAYOUT PER MWWACTURDPS S L"A71ONS r;LfF.., ? ?fA. t 1? l APPALACHIAN EWRONHENTAL MRVI25 111E UA 4n - mvA we. am m.w.a7 .w. ru? ?.vw mi 0 f--- ON QJ N ?y W < ZQ rr- ?v/ Q ?• Z UQ ZmC Q L ZW ry Ln J Q W 0 975 Z D 0 U Z_ Q FIELD PARTY: Y11, .0 DRAM! B1! UDE DEAL INITIAL DATE•06-13-05 TOOAYS DATE: 06-20--05 PATHWAY SHEET 4 OF 4