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HomeMy WebLinkAbout20051386 Ver 1_Complete File_20050722CL--F Fr LOO L.t? 11 aS' 0 5 Certification of Completion DWQ Project No.: 05-1368 County: Burke Applicant: Mr. Dale Meyer, Special Projects Administration / agent Buck Engineering PC Project Name: Catawba River - EWP (DSR #3a, 3c, 4, 5a, 6 & 7) Date of Issuance of Isolated Wetland Permit: July 25, 2005 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I M t ,c L C 1 -? 11L 111 u I l '.3 hereby state that, to the best of my abilities, due care and diligence was used in tl observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. l 1- Signature: ?'? ll?e k/ (: ?iL ltiu -? 1 Date: I -), ?,) 5l L'S If this project was designed by a Certified Professional I , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Q2 @ 19 oe0;-271D JAN 6 - 2006 DENR - WATER QUALITY `e11_TLANDS MD STUVAIIWATER ErUXH a A r I Michael F. Easley, Governor i r William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 5: tDWa, Alan W. Klimek, P.E. Director >> Division of Water Quality July 29, 2005 DWQ Project # 05-1386 Swain County Kevin King, County Manager Swain County Post Office Box, Drawer A Bryson City, NC 28713 D Subject Property: Tuckasegee Island Site -Tuckasegee River AUG 8 2005 DENR - WATER QUALITY WERMDS AND STORMWATER BW4CH Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. King: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 100 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 July 22, 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. 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: http:!,h2o.enr.state.nc.uslnc,,vetlands N tiliCarolina Naturally An Equal Opportunity/affirmative Action Employer- 50% Recycled/100,16 Post Consumer Paper Swain County: Page 2 of 6 July 29, 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 100 feet Tuckase ee 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 July 29, 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. Construction in this creek and disturbance within a 25-foot trout buffer should be avoided during the January 1 to April 15 rainbow 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. 7. Sediment and erosion control measures must be implemented prior to construction and maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur on all bare soil within five (5) days of ground disturbing activities to provide long-term erosion control. The projects should be accomplished in stages instead of leaving large tracts exposed to further storm events. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an anticipated difficulty in establishing ground cover during the winter, reseeding should be conducted, as necessary, in the spring-time with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 8. All structures (berms, levees, etc...) preventing stream access to its floodplain shall be removed. Swain County: Page 4 of 6 July 29, 2005 9. 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. 10.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. 11. 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. 12. 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. 13. 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. 14. 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, 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 Swain County: Page 5 of 6 July 29, 2005 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. 15. 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. 16. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected riparian zones such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 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 consistent 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. swam County: Page 6 of 6 July 29, 2005 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division 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, 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: 05-1386.EWP.TuckasegeelslandSite.Approval ? betsilEl i .?,,?. ?tlSsUod . j 1 Y 10CtNUmbec 2005 831 0,, Ve`rafbn, fJ 8tatUS: IEeuad ? LiaiktonDes? r00 ;Pf iscfmrrw ?6waln Cduh Tubl4ii, o gland Etter f,, ' -? 'Pr eC?Type 8itesm REEtof911Dn 1 Creation tProJOCfDesc:IEWP JC 'Owns ((eweln Co, ; ' ?J `f3Ec6"dFrom Applicant W - °QOtatheF,, i `- 'Prlmary Counfr ?ewaln? ?I - COEID W[U? ionFe -J - q byD,N DOTTIP i?. --, 'AdminReglon: Asheville Received Dt C712?Y260??' au t.ea >:pv ? imrohres puitllr lac'u Reviewer, ?NaWn.bemOtt. - - Qp?s Issued Dt ?It29Y?005' ?J?EPHruEPA,Y?c(airad - `Seconds County Statutory Dt 09f2012005 JEEP Q 51ate CIEar Maitzed Q CAMA NEPAL SEPA Recehred DY DCM Me: - SW Plan Received Dt COE Office: Seville Regulatory Field Me; - ^I ? SW Plan Approved Dt Public Notice Published pk ?? - ?.-- - ! Lest Updated By, f 'ro b ritllnya SW Plan Location: - Public Notice Received Dt Last Updated On: Fomii12005_ Sewage Disposal: P.N. Comment Period Ends Ct < Back ?'-- ` '_ nr -lose ---- Reedy SID: WPDI Triage Check List Date: 07/27/05 To: Kevin Barnett, Asheville Regional Office 60-day Processing Time: 7/22/05 to 9/20/05 County: Swain From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (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 El 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! Project Name: Swain County EWP Tuckaseegee Island Site DWQ #:05-1386 ' .t Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules Lni 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: Nationwide 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: ? H. Applicant Information D ??RaWr D D 1. Owner/Applicant Information JUL 2 2., 2005 Name: Swain County, Kevin King, County Manager Mailing Address: P.O. Box Drawer A DENR - WATER QUALITY Bryson City, N.C. 28713 WMWATERBPWr,N Telephone Number: 828.488.9273 Fax Number: E-mail Address: kevinkinylnswaincounty.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 Company Affiliation: Southwestern NC RC&D Council Mailing Address: 367 Dellwood Road Building E, Suite 3 P.O. Box 1230 Waynesville, N.C. 28786 Telephone Number: 828.400.3279 Fax Number: 828.452.0829 E-mail Address: kfutreal@yaboo.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Swain County Emergency Watershed Protection Program 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): see attached sheet 4. Location County: Swain Nearest Town: Bryson City Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): The island is located approximately 550 ft. SW of the Tuckasagee River Bridge on Slope Street in Bryson City, N.C. 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): 035.4268314 ON 083.4522180 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Tuckasegee River 8. River Basin: Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://ii2o.enr.state.nc.us/adinin/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: Woody debris deposited on island during the 2004 storms. The land use is commercial Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Removal of woody debris from the island using a logging skidder. The same access point Mill be used for all activities associated with this project. 11. Explain the purpose of the proposed work: The woody debris needs to be removed in order to preventing the debris from moving downstream during future storms. Debris removal will improve boating safety downstream. 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. None anticipated 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: Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 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, multi 1 length X width, then divide b 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 I Tuckasegee Debris Removal Perennial 100 100 4 Total Stream Impact (by length and acreage) 10000 .22 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 e) (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes [Z .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. Removal of the debris is necessary to prevent this debris from traveling downstream creating hazards to the boating and swimming public. The island will be accessed at one point utilizin,g logging skidders to remove the debris. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp:Hii2o.etir.state.nc.us/ncwetlands/strm!zide.litml. 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 http:Hli2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 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): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes A 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. Yes ? No LICJ 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X 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's Impact Multiplier Required (square feet) Mitigation 2 Total Zone 1 extends out 30 feet perpendic4 additional 20 feet from the edge of Zone 1. 3 (2 for Catawba) 1.5 the top of the near bank of channel; Zone 2 extends an 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. Page 11 of 12 Island Permit Application Land Ownership PIN # 667305290814 Sossamon, Leroy & Ora Lee D. 900 Lemmons Rd. Bryson City, N.C. 28713 # 667418406334 Livingston, John & Freda 888 Toot Hollow Rd Bryson City, N.C. 28713 Kt j? ,` /+?'•,? } $ aeep Cr ek? rch. ;10 Al, .. ? _a.. - ?? r-- to ? •`? °?• ?i-?, / _ l\ - ?-' n- -1" ! rr ,? { ., - zoo G01?',(r<l rse q 7110 ?`` `=yam _ Pra kHn?,,GiovPy)?`; `•\ 1 I .? :/ Ilk ?;? ;,? •u''`_ r?=?\ ????i•iz?;1.1 1 (l •?,1 ?•?,- Lt2 ii ;I1 r?` -•i:?cr /y"; `i ?' - - ==ti = ?=-'`:?.. ? •• • `?'? .?.: ?,;;=:?- . ;'? ? ¢1 `` '• .?• _.. ' • ?'. Vie.;" ?\?. •??± C?I,?• J?,?. f - - I i ? -\- `..ice ?) ? \?. " , .? r 61 . -- ; • ?i ? ?- . r . •: ' ?? ?`'? 1•^`1' • \ •+.?*!=-:+ .«,1 1`•{="??\. a' i-'-?l `-1.-1\.t ?/ 1. 1 Gagir I S1 e' (Art '.• _ •• w?ln o I ?? ?'? • 1. , . ??- ,-% i J ;;4?1 N?l }, • 1 / 1 / Cl( ?- _ 1 ''?? ti +?? IC-?J\1 ! ?? Sc • _!``y J??\• J / I1\I 1?F??? 1? ?? ?1 • Y( ` izz Name: BRYSON CITY Location: 035.4268314° N 083.4522180° W Date: 6/3/2005 Caption: Figure 1. Location of the mussel survey, Island Site, - Scale: 1 inch equals 1333 feet Tuckasegee River, Swain County, NC. Copyright (C) 1998, Maptech, Inc, APPALACHIAN ELKTOE (ALASWDONTA RAVENELIANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND SITE), 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. 0. Box 241 Whittier, NC 28789 June 2, 2005 APPALACHIAN- ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND SITE), - --- SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do debris removal on the Island Site (Behind Pizza Hut) within the Tuckasegee River in Bryson City, NC (Figure 1). The work will consist of constructing a temporary haul road from the north bank of the river onto the Island Site. This work is needed to clear up a large amount of debris, both trees and solid waste that was deposited on the island as a result of fall 2004 flooding. A federally endangered mussel (the Appalachian elktoe) has been recorded above the project area. The U.S. Fish and Wildlife Service has designated critical habitat for the Appalachian elktoe in the main stem of the Tuckasegee River upstream of Bryson City. 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 Etheostoma zonate Wounded darter Etheostoma vulneratum Greenfin darter Etheostoma chlorobranchium Tangerine darter Percina aurantiaca Gilt darter Percina evides Greenside darter* Etheostoma blennioides Olive darter Percina squamata Sicklefin redhorse Moxostoma sp. Northem Hog sucker Hypentelium nigricans Warpaint shiner Luxilus coccogenis Mottled sculpin* Cottus bairdi Rock bass Amploplites rupestris River chub* Mocomis micropogon Central stoneroller* Campostoma anomalum Longnose dace* Rhinichthys cataractae - Rosyside dace* Clinostoma funduloides Mirror shiner Notropis spectrunculus Tennessee shiner Notropis leuciodus 2 Since the Appalachian elktoe has been found above the project area, a survey was conducted to determine if the mussel is present within the project site. METHODS On May 26, 2005, John Boaze, Senior Biologist, Fish and Wildlife Associates, Inc., and Wendell Pennington, Chuck Rogers, and Joel Worsham from Pennington and Associates, Inc. surveyed the Tuckasegee River from 200 feet above the proposed haul road crossing to about 450 feet below it or down to about midway the western end of the island (Figure 2). The project will impact only one side of the river channel. Therefore, only the channel between the north bank and the island was surveyed. As the water in the channel was very shallow, view buckets and snorkeling were used to inspect the substrate. In addition, the shoreline of all the island was searched for relic shells. RESULTS No live mussels were found above or below the project area. However, one relic Appalachian elktoe (50 mm TL) was found in an eddy pool down stream of the riffle area (Fig.2). The substrate was cobble, gravel and a small amount of sand. There were numerous relic corbicula shells in the throughout the surveyed area. Available mussel habitat was fair within the proposed crossing area. Several of the potential host fish species: northern hog sucker, darter species, redhorse spp. And stonerollers were found in the sample area. A map of the habitat is present is included (Figure 2). RECOMMENDATIONS Habitat and host fish species are present at the Island Site. Eventhough there was one (1) relic Appalachian elktoe shell collected downstream of the proposed crossing, no live mussels 3 - =were found at the project site. It is our biological opinion that this project will have NO EFFECT on the endangered species, Alasmidonta raveneliana. a \`J .? ,?c or ?i i r, l) f~ 1) $ aeeo Cr dkt???; C13 to I-LI 4 +i `-1 x'11- ` ?? tt`•• ,t?? `? C-- l f • %1 ??.:`.\??/_/ • ? • f 4'I 1 ••I ?_?, ! • c_ ?, `t t1' • I .I11i?1.??+w? r'?, lI • • ?1%+•?~ ? ? N?l Golt cn54se ) I/ _ .:. '•? Ll? 06 ;,I+ '1 •? l •' i+ ?/ „^'?. , • i! '?•' _• .\ of ?• I ?.Z./y_? .?_ .•'?• _`i•. ? tk',l • ?? •? ?.1 ?f' f 1t .' '?\ ?ii?? •11 U`t ?? • . • 'tom l _ ..tit --- / ?• 1 ? .?- ?\? 111 ? , , ? 9.1 / J ?1 i. ,\. _:1 ? , If¦lP1, vi.__•'• _ -CL` • •I •?•'•- :\ O, \?? y : mot'./?',.-6`' 1 ?, !/ l [mil ? ty .r, 1 `1l` .•? • •,•?-`• f? ??:??\I i / ^`J ??' ^ ?v -- `l \\ •'?.i:? t` Gaging. ;:? ?S %=-A 11 Al % ??j\\ o?• \` `"`-- tea:/!' /11't \ •• \: i???? r\_ ?? \_. ?Lt,. Y• i/ ?( :':. ??/ 'amain i?? •?? '? % is vali, 4OJ4 11 IL S, 4 v • ? Q ? ,I ,i P ?G ?, nil \J` • 1 •- `./,?? ?? -??t • •? `I \ ?? Name: BRYSON CITY Location: 035.4268314° N 083.4522180° W Date: 6/3/2005 Caption: Figure 1. Location of the mussel survey, Island Site, Scale: 1 inch equals 1333 feet Tuckasegee River, Swain County, NC. Coovnght (C) 1998• Maptedl. InC. 150 100! I I I.:R ._Iti?ht \sccndiIII-,' Bank Banl. 0 50 ? I I)0 1 50? 200 ii I Riffle area Sul 6" to 18" 1 ooli f " Deep ool A ' 15 0: relic .Island , 1 ' ; y. Deep channel ,II Y I y1 ?. I Figure 2. Habitat map for mussel survey site at Island Site, Swain County, NC. Th ?Iweg Ts 1 4a-, J Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. H. 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: Nationwide 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: ? Applicant Information Owner/Applicant Information D JUL 9 9 2005 Name: Swain County, Kevin King County Manager -Gcn'h 6vATER A 1r t'.t, ??t Mailing Address: P.O. Box Drawer A ou Bryson City, N.C. 28713 ?ArER5RANcH Telephone Number: 828.488.9273 Fax Number: E-mail Address: kevinkingl@swaincounty.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 Company Affiliation: Southwestern NC RC&D Council Mailing Address: 367 Dellwood Road Building E, Suite 3 P.O. Box 1230 Waynesville, N.C. 28786 Telephone Number: 828.400.3279 Fax Number: 828.452.0829 E-mail Address: kfutrealnyahoo.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I1 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: Swain County Emergency Watershed Protection Program 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): see attached sheet 4. Location County: Swain Nearest Town: Bryson City Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): The island is located approximately 550 ft. SW of the Tuckasagee River Bridge on Slope Street in Bryson City, N.C. 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): 035.4268314 ON 083.4522180 °W 6. Property size (acres): 4 7. Name of nearest receiving body of water: Tuckasegee River 8. River Basin: Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://li2o.enr.state.nc.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: Woody debris deposited on island during the 2004 storms. The land use is commercial Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Removal of woody debris from the island using a logging skidder. The same access point .will be used for all activities associated with this project. 11. Explain the purpose of the proposed work: The woody debris needs to be removed in order to preventing the debris from moving downstream during future storms. Debris removal will improve boating safety downstream. 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. None anticipated 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: Page 7 of 12 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, se aratel list impacts due to both structure and floodin . Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 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 Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 1 Tuckasegee Debris Removal Perennial 100 100 4 Total Stream Impact (by length and acreage) 10000 .22 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 water body (if applicable) Type of Impact Type of waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) I Total Open Water Impact (acres) Page 8 of 12 6. List t he cumulative impact to all Waters of the U.S. resulting from the ro-ect Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 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. 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. Removal of the debris is necessary to prevent this debris from traveling downstream creating hazards to the boating and swimming` public. The island will be accessed at one point utilizing logging skidders to remove the debris. 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. Page 9 of 12 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 unpacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp://li2o.enr.state.nc.us/ncwetlands/strmgide.htnil. 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.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 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): Page 10 of 12 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? Yesf 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. Yes ? No N 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 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X 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 Zone* I Impact I Multiplier I Required (sauarc feed Mitication 3 (2 for Catawba) 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 I. 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. Page I I of 12 Island Permit Application Land Ownership PIN # 667305290814 Sossamon, Leroy & Ora Lee D. 900 Lemmons Rd. Bryson City, N.C. 28713 # 667418406334 Livingston, John & Freda 888 Toot Hollow Rd Bryson City, N.C. 28713 APPALACHIAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND SITE), 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. 0. Box 241 Whittier, NC 28789 June 2, 2005 f - APPALACHIAN ELKTOE (ALASMIDONTA RAVENEMNA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND SITE), SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do debris removal on the Island Site (Behind Pizza Hut) within the Tuckasegee River in Bryson City, NC (Figure 1). The work will consist of constructing a temporary haul road from the north bank of the river onto the Island Site. This work is needed to clear up a large amount of debris, both trees and solid waste that was deposited on the island as a result of fall 2004 flooding. A federally endangered mussel (the Appalachian elktoe) has been recorded above the project area. The U.S. Fish and Wildlife Service has designated critical habitat for the Appalachian elktoe in the main stem of the Tuckasegee River upstream of Bryson City. 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 Etheostoma zonate Wounded darter Etheostoma vulneratum Greenfin darter Etheostoma chlorobranchium Tangerine darter Percina aurantiaca Gilt darter Percina evides Greenside darter* Etheostoma blennioides Olive darter Percina squamata Sicklefin redhorse Moxostoma sp. Northem Hog sucker Hypentelium nigdcans Warpaint shiner Luxilus coccogenis Mottled sculpin* Cottus bairdi Rock bass Amploplites rupestds River chub* Mocomis micropogon Central stoneroller* Campostoma anomalum - Longnose dace* Rhinichthys cataractae Rosyside dace* Clinostoma funduloides Mirror shiner Notropis spectrunculus Tennessee shiner Notropis leuciodus 2 Since the Appalachian elktoe has been found above the project area, a survey was conducted to determine if the mussel is present within the project site. METHODS On May 26, 2005, John Boaze, Senior Biologist, Fish and Wildlife Associates, Inc., and Wendell Pennington, Chuck Rogers, and Joel Worsham from Pennington and Associates, Inc. surveyed the Tuckasegee River from 200 feet above the proposed haul road crossing to about 450 feet below it or down to about midway the western end of the island (Figure 2). The project will impact only one side of the river channel. Therefore, only the channel between the north bank and the island was surveyed. As the water in the channel was very shallow, view buckets and snorkeling were used to inspect the substrate. In addition, the shoreline of all the island was searched for relic shells. RESULTS No live mussels were found above or below the project area. However, one relic Appalachian elktoe (50 nun TL) was found in an eddy pool down stream of the riffle area (Fig.2). The substrate was cobble, gravel and a small amount of sand. There were numerous relic corbicula shells in the throughout the surveyed area. Available mussel habitat was fair within the proposed crossing area. Several of the potential host fish species: northern hog sucker, darter species, redhorse spp. And stonerollers were found in the sample area. A map of the habitat is present is included (Figure 2). RECOMMENDATIONS Habitat and host fish species are present at the Island Site. Eventhough there was one (1) relic Appalachian elktoe shell collected downstream of the proposed crossing, no live mussels 2 were found at the project site. It is our biological opinion that this project will have NO EFFECT on the endangered species, Alasmidonta raveneliana. ?? ,?c or V 1 $ j, .,Veep Cr ek' y Poll o i?( 1' l Church• I? • • • _. \ •? \; N?\ ? \ ? • /'-? !\ I •f • • X11 i\\\\ / Ll ` •, ?? 00 •? 1 ``? 1'•, N • •' l? rr t •r /?/'?ti.?-i-1,`j?\ `'?\ ?i?\ I l,\_ ?O./!•'_ ?. ,•,1' i' l j `?` +lA ^ ?-.,I/ !? J 1 i t ,1(, V \\` I \?? s' J " l• •i'{ GUI cn54se, ?i`R mil' (•` ?P •K/.-i ?;? •^ • vl 'i-...--.• ,? yr ? ? _ •'?• •_?.,? ? l?S,` ???JJJI? !/ f' ? C? ?1 \\`\ ? •)4?/ 11,•'1 ? ???1"^•n? •' •i{` ?• ?• Ir i 0' ) \.\\ .Vs"1- o• rrr?,• ti ?,V ••i' ?? 11 \ ? , ,? ? • ? •iY• • 'tit ~?/ Q l?f r' ? -Ar Wgin `i \ ;/?•' //•? ?=''t_n_. i?J ?r? ••,a _?/ Y iJ (: ? l'y ?\ • rte' ?\1 ? ?? 7, :!• 'V t4 4 t !?- ?'L?_• w.?jam" , ? r ?\., ? ?L-? ?\? "i _? ?- , ?.. _? '. , `? : ? ,,? .•--b tali; J?'?,1 00 'o f t?' I r ' ?? ` t . ?? j • rte` • :;,? ,??. y? ?? •.?., - \ ,, ,-: ? ,j' _?'?1 ,._ \;, ,?, ?. /, ;`ti',' `/, l?;ti?.:. ? ? ? ??? \r 7111 j ,`?• 'r + \ ? % I/ A Ivy` ? • ? < lf? ,? 1 1 i 'l ?'?r'`+???. t ? \\ yl ? j r•`?•? ?.. ??\-/? ) ?/ Name: BRYSON CITY Location: 035.4268314• N 083.4522180° W Date: 6/3/2005 Caption: Figure 1. Location of the mussel survey, Island Site, Scale: 1 inch equals 1333 feet Tuckasegee River, Swain County, NC. Copynght (C) 1998, Maptech, Inc. r . Th Iweg 150 i 100! 1 i - 1 -- - , I Ali, ? -- -IZicht Dank ! Bank I) jt) WO ),1 15( 200 fl Riffle area 5o 6" to 18" w? t)o !r I Deep4ool Y I;pj relic Deep channel I I 300) I 4-7 / Figure 2. Habitat map for mussel survey site at Island Site, Swain County, NC. Il `"? \`J? .?• ',?c or ??' r „ 1,??}? ?? $ r:?,6eep Cr ekl`? '. . o. f Church• li- ' • . ?? ? i \? fir! •,/. j \ z? • }\+' •J'1I (i??' r? I• • yl ` tD O ?•I ?i? • •tiJ?? -+ ??,T/,. /A??•.,, l _? I I .r''rr1?) - r? %'f/??` ? ? `7 ?"'? `\• r ` 'tl i r-,\ / ? ? [ x!11 ?° l.? '" i -)?? Ili` y?? ly t ?` ?Q?/• t, ?! ?? ?i `? ?.? `"', 1 I, Golf 5a [se % •J /ice= ? == ? ..•r,.' ??- ? .-:,? . ^ •?, c,• . r/ ? ` k _ • ••.• ;./B.?• ?\ .(1 ?4?(?•..f?- `_i.-Watkm?Ce L0. ?..\? ? :.;?,•?f\. •?t,-_l : ,? •.. ? jl - i t C;; vJ ...? _ .'.?__ r ;?; ,?=;?= '.;= . f ?I `I ?a.;?,.. ?:; ; ' a?%. r \ ? r ? ?, , Erg - •. i \ \_: %•1, '??'?•l--w- Z?_7•W•=•?-??• D(:_ •1?•?a ?•???J ?l f\r`)faa'?'"'l +C• 40 W-ain Is tali ;t_ _.. •7i . r'?-ice ?11 l?.?1 ???` \1\ ? =7.. ?? ?I `?• >,.J ? <<_ ?-- ,3 , s ' _?,? 1, • ? ?, ? `-''\?,- ?;, ? • . _ ?_ - _ `. ?,.../? =. I? ,/ -f ?Y ??i f?l! 1 ?\' `< _ ,;?p `_' ., :?. -? __ : . --mil i? , `•\\?+ •'r?' % ?:; •• // ^_ __ _ car NN, i s Wj t ,??_ -I / J_ ?. - ?-- \ ?\ \l• l-1'\\ , \ ?/ "S.\ ??_h-•'ti-,I~,-.-?. -- 1 _ . ? ?. •...ti_ .....? - .? J lr ?. .? • ? awl ? 10 14, Name: BRYSON CITY Location: 035.4268314° N 083.4522180°W Date: 6/3/2005= Caption: Figure 1. Location of the mussel survey, Island Site, Scale: 1 inch equals 1333 feet Tuckasegee River, Swain County, NC. CopYnght (C) 1998, Maptecth• Inc.