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HomeMy WebLinkAbout20051387 Ver 1_Complete File_20050722 ! or WAr~-9 o~T'~"'?c- f(~~ \. ~~;~~:'7' Michael F. Easley. Governor William G, Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E, Director Division of Water Quality July 29,2005 DWQ Project # 05-1387 Swain County Kevin King, County Manager Swain County Post Office Box, Drawer A Bryson City, NC 28713 m~@~uw~@ AUG 8. 2005 Subject Property: Island Park Site - Tuckasegee River DENR - WATER QUAUTY WETlANDS NW STORT.l\VATER BRlJJCH 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: NOnehC I' L ort ara ma .Na/llml/!! 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/lnternet http://h2oenr.statencus/ncwetlands An Equal Opportunity/Af~rmative AcUon Em~loyer - 50% Recyc!ed/10% Post Consumer Paper Swain County: Page 2 of6 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: Stream Plan Location or Reference 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 of6 July 29, 2005 4. No Sediment & Erosion Control Measures wIn 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 of6 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 of6 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.lf 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 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://h20.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 28. .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. Swain County: Page 60f6 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, J<~ /f /_11 /. I ,C'-"~A L- , c:::;;ltuzu..i!..; !~.... Alan W. Klimek, P.E., Director Division of Water Quality AWK/khb 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: 05-1387.EWP.lslandParkSite.Approval Triage Check List To: Kevin Barnett, Asheville Regional Office Project Name: Swain County EWP Island Park Site DWQ #:05-1387 County: Swain Date: 07/27/05 60-day Processing Time: 7/22/05 to 9/20/05 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. D Stream length impacted D Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps D Minimization/avoidance issues D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) D Pond fill D Mitigation Ratios Ditching D Are the stream and or wetland mitigation sites available and viable? D Check drawings for accuracy D Is the application consistent with pre-application meetings? Cumulative impact concern D D D 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! :r=- ~ ! I}-d:O ItJ /J,/ iL Office Use Only: Form Version Mareh 05 USACE Action ill No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ~ Section 404 Pcrmit D Riparian or Watershed Buffer Rules D Section 10 Permit D Isolated Wetland Permit from DWQ ~ 401 Water Quality Ccrtification D Express 401 Water Quality Ccrtification 2. Nationwide, Regional or Gcncral Pcrmit Number(s) Requested: Nationwide 37 3. Ifthis notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: D 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complctc section VIII, and check herc: D 5. If your projcct 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 Managcment Area of Environmental Concern (see the top of page 2 for further details), check herc: D II. Applicant Information ffl {g@~ O~I.7[~ @ 1. Owner/Applicant Information JUL ? ': LUGS Name: Swain County. Kcvin King, County Managcr M '1' Addr P 0 B D A UeNk - WATER UUALiT, aI mg ess: . . ox rawer \\'ETI flJnC::!.'iD STO,1.1.WArER EfW.'CH Bryson City, N.C. 28713 Telephone Number: 828.488.9273 Fax Number: E-mail Address: kevinking 1 @swaincounty.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization lctter 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 DeIlwood 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@yahoo.com Page 5 of 12 m. 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 dctailed site plan showing property boundaries and development plans in relation to surrounding propcrtics. Both the vicinity map and sitc 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 appropriatc USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or othcr maps may be included at the applicant's discretion, so long as the property is clearly defmcd. 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 papcrwork of any size. DWQ prefers full-size construction drawings rather than a sequential shect version of the full-size plans. If full-size plans are reduced to a small scale such that the fmal vcrsion is illegible, thc applicant will bc informed that the projcct has bcen placcd on hold until dcciphcrable maps are providcd. 1. Name of project: Swain County Emergcncy Watcrshcd Protection Program 2. T.I.P. Project Number or State Projcct Numbcr (NCDOT Only): 3. Property Identification Number (Tax PIN): see attachcd shcct 4. Location County: Swain Ncarest Town: Bryson City Subdivision name (includc phase/lot number): Directions to sitc (include road numbers/namcs, landmarks, ctc.): Access to the Island Park is located at the intersection ofIsland Street and Bryson Street in Bryson City, N.C. 5. Site coordinatcs (For linear projccts, such as a road or utility line, attach a sheet that separately lists the coordinatcs for each crossing of a distinct watcrbody.) Decimal Degrees (6 digits minimum): 035.4314896 ON 083.4432645 oW 6. Property size (acres): 2 7. Name ofncarest receiving body of water: Tuckascgee River 8. River Basin: Tennessee (Note - this must bc one of North Carolina's sevcntcen dcsignated major rivcr basins. Thc River Basin map is available at http://h10.enr.state.nc,us/admin/maps/.) 9. Describc the existing conditions on the site and general land use in the vicinity of the project at thc time of this application: Woody debris dcpositcd on island during the 2004 storms. The island is used by the public for recreation. The land use is recreation 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 proiect. 11. Explain the purpose of the proposed work: The woody debris needs to be removed in order For the public to utilize the recreational opportunities. Debris removal will improve boating safetv 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 ofthe United StateslWaters 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 clcaring, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, I r d b h d fl d' separatelY 1st unpacts ue to ot structure an 00 mg. Wetland Impact Type of Wetland Located within Distance to Area of 100-year Nearest Impact Site Number Type ofImpact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) Total Wetland Impact (acres) 3. List the total acrcage (estimated) of all existing wetlands on the propcrty: 4. Individually list all intermittcnt and pcrennial strcam impacts. Bc sure to identify temporary impacts. Stream impacts include, but are not limited to placcment 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 strcam relocation is proposed, plans and profiles showing thc linear footprint for both thc original and rclocated streams b . I d d T 1 I I . I I h X 'd lId' 'd b 43 560 must e mc u e . o ca cu ate acreage, mu tlPlY cngt WI t 1, t len IVl e lY , Stream Impact Perennial or Average Impact Area of Number Stream Name Type ofImpact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) I Tuckasegee Debris Removal Perennial 50 100 2 Total Stream Impact (by length and acreage) 100 .11 5. Individually list all opcn watcr impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any othcr watcr ofthc U.S.). Opcn watcr impacts includc, but arc not limited to fill t' d d. fl d' d' b lkh d 1 , excava lOn, re 19m9, 00 mg, ramage, u ca s, ctc. Open Water Impact Name of Water body Type of Water body Area of Site Number (if applicable) Type ofImpact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative im act to all Waters of the U.S. resultin Stream Impact (acres): Wctland 1m act (acres): Open Water 1m act (acrcs): Total Impact to Waters of the U.S. (acres) Total Strcam Impact (lincar fcct): 7. Isolated Waters Do any isolatcd waters exist on the property? D Ycs ~ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed in1pact (acres or linear fcct). Please note that this section only applics to waters that have specifically been detcrmined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be includcd above in the wctland and stream impact scctions. Also, thc proposcd pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): D uplands D stream D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, ctc.): 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 ofwatcrshed 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 ordinanccs, acccssibility, and [mancial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and cxplain 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 debris from the Island Park is necessary for the public to fully utilize the park for recreation. Removal of debris will improve boating safety down stream. The island will be accessed at one point using logging skidders. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greatcr 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 Noticc of Issuance and Modification of Nationwide Pcrmits, publishcd in thc Fcdcral Register on January 15, 2002, mitigation will bc rcquircd 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 valuc of the in1pacted aquatic rcsource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examplcs of mitigation that may bc appropriate and practicable includc, but are not limited to: reducing the size of thc project; establishing and maintaining wetland and/or upland vegetated buffcrs to protcct open waters such as streams; and replacing losses of aquatic rcsource functions and valucs by creating, restoring, enhancing, or preserving similar functions and values, prcfcrablc in the samc watcrshcd. If mitigation is requircd for this projcct, a copy of the mitigation plan must bc attachcd in ordcr for USACE or DWQ to consider the application complctc for processing. Any application lacking a required mitigation plan or NCEEP concurrcncc shall be placed on hold as incomplete. An applicant may also choosc to rcview the current guidclines for strcam rcstoration in DWQ's Draft Teclmical Guide for Stream Work in North Carolina, available at http://h20.enr.state.nc.lIs/ncwetlands/strmgide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (rcstoration, cnhanccment, crcation, or prcservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the currcnt site conditions and proposed method of construction. Please attach a scparate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Plcasc notc it is the applicant's responsibility to contact thc NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that thcy arc will to accept payment for thc mitigation must be attached to this form. For additional information rcgarding thc application proccss for thc NCEEP, chcck the NCEEP website at http://h20.enr,state.nc.us/wrp/index.htm. Ifuse of the NCEEP is proposed, please check the appropriatc box on pagc fivc and providc thc following information: Amount of stream mitigation requested (linear feet): Amount ofbuffcr mitigation rcquested (square fcet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wctland mitigation requcstcd (acrcs): Amount of Coastal wetland mitigation rcquestcd (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes lXJ No D 2. If yes, does the project requirc preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEP NSEP A)? Note: If you are not surc whether a NEP NSEP A document is rcquired, call the SEP A coordinator at (919) 7~3-5083 to review currcnt thresholds for environmcntal documcntation. Yes D No ~ 3. If ycs, has the document review bcen fmalizcd by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA fmal approvallctter. Ycs D No ;gl X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is thc applicant's (or agent's) responsibility to dctcrminc, dclineate and map all impacts to rcquircd state and local buffcrs associated with the projcct. Thc applicant must also provide justification for these impacts in Section VII above. All proposed impacts must bc listed herein, and must bc clearly identifiable on the accompanying site plan. All buffcrs must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Rcgional Officc may be included as appropriatc. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or othcr (please idcntifY )? Ycs D No lZl 2. If "yes", idcntify the squarc fect and acreage of impact to each zone of the riparian buffers. If buffer mitigation is rcquired calculate thc rcquired amount of mitigation by applying thc buffi I . r er mu tIp IerS. Zone. Impact Multiplier Required (square feet) Mitigation I 3 (2 for Catawba) 2 1.5 Total · Zonc I cxtcnds out 30 feet perpendicular from thc top ofthc near bank of channel; Zonc 2 cxtcnds an additional 20 fcet from thc cdgc of Zonc 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. Pagellofl2 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the sitc. Discuss stormwatcr controls proposed in order to protcct surface watcrs and wctlands downstrcam from the property. If percent impervious surface exceeds 20%, please provide calculations dcmonstrating total proposcd impcrvious Icvcl.N/ A XII. Sewage Disposal (required by DWQ) Clcarly dctail the ultimate trcatment methods and disposition (non-discharge or discharge) of wastcwater gcncrated from thc proposed projcct, or available capacity of the subjcct facility. N/A XIII. Violations (required by DWQ) Is this sitc in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Yes D No ~ Is this an aftcr-thc-fact permit application? Y cs D No [8f XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional devclopment, which could impact ncarby downstream water quality? Yes D No j}a If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with thc most recent North Carolina Division of Water Quality policy postcd on our wcbsitc at http://h20.enr.state.nc.us/ncwetlands. Ifno, please provide a short narrative dcscription: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow proccssing timc for thcse pcrmits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Due to Federal Rcgulations regarding the use ofEWP funding construction of all work must be Under construction by Scptember of2005.. -; 1 pplicant/Agent's Signature Date (Agent's signature is valid only ifan authorization lettcr from the applicant is provided.) Page 12 of 12 Island Penn it Application Land Ownership The Island Park is owned by the Town of Bryson City and is operated by Swain County APPALACHIAN ELKTOE (ALASMIDONTA RAVENEUANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND PARK), 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 June 2, 2005 - AP-PALACHI.ANELKTOE (ALASMlDONTA RA VENELlANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND PARK), SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do debris removal on the Island Park 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 Park. 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 the island. 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 Greenfin darter Tangerine darter Gilt darter Greenside darter. Olive darter Sicklefin redhorse Northern Hog sucker Warpaint shiner Mottled sculpin. Rock bass River chub. Central stoneroller* Longnose dace. Rosyside dace. Mirror shiner Tennessee shiner Etheostoma zonale Etheostoma vulneratum Etheostoma chlorobranchium Percina aurantiaca Percina evides Etheostoma blennioides Percina squamata Moxostoma sp. Hypentelium nigricans Luxilus coccogenis Cottus bairdi Amploplites rupestris Mocomis micropogon Campostoma anomalum Rhinichthys cataractae Clinostoma funduloides Notropis spectrunculus ~otropis 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 150 feet above the proposed haul road crossing to about 250 feet below it or down to the western end of the islands (Figure 2). As the project will impact only one side of the river channel, only the channel between .the north bank and the island was surveyed. As the water in the channel was very shallow, only view buckets were used to inspect the substrate. In addition, the shoreline of all the islands was searched for relic shells. RESULTS No mussels were found above or below the project area. The substrate was cobble on cobble, with very little silt or sand in the study area. Of special note was the fact that no relic corbicula shells were found in the surveyed area. However, they are known to be in the river above and below the study site. It appears that this channel is subjected to high, scouring flood flows. Available mussel habitat was poor within the project area. However, several of the potential host fish species were noted and they were: northern hog sucker, darter species, and stronerollers. A map of the habitat present is included (Figure 2). RECOMMENDATIONS Based on our survey, there are no mussels in the project area or immediately downstream of the project. Therefore, it is our biological opinion that this project will have NO EFFECT on the endangered species, Alasmidonta raveneliana. 3 Name: BRYSON CITY Date: 6/3/2005 Scale: 1 inch equals 1333 feet Location: 035.43148960 N 083.44326450 W Caption: Figure 1. Location of the mussel survey, Island Park Site, Tuckasegee River, Swain County, NC. Copynght (C) 1998, Mapted1, Inc. . ' : ' 150 i I i I I 00 i 50 ' I.-:Ii . \,-:-:nJin:; Ilank! () I 50, 1001 "~~--------------. ! 150l Cobble 3" . 10" deep Th Iweg I{ i:;lll \\c-:nc!in:; 50 Footbridge , Ilank 2()()' II .: V. +< , 'v \ 1\' 1\.. -----.-.,.' 12" .4" deep; It , 2001 250 JOO Figure 2. Habitat map for mussel survey site at Island Park Site, Swain County, NC. Name: BRYSON CITY Date: 6/3/2005 Scale: 1 inch equals 1333 feet Location: 035.43148960 N 083.44326450 W Caption: Figure 1. Location of the mussel survey, Island Park Site, Tuckasegee River, Swain County, NC. Copyright (C) 1998, Maptech, Inc. .:r:-~ I i~2 11~w-/<:' Office Use Only: Form Version Mareh 05 USACE Action ID No. D\VQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A ".) I. Processing 1. Check all of the approval(s) requested for tIllS project: ~ Section 404 Permit D Riparian or Watershed Buffer Rules D Section 10 Permit D Isolated Wetland Permit from DWQ ~ 401 Water Quality Certification D 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: D 4. Ifpayment 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: D II. 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), chec~~:\.O . ;~? '\:',\ \0) ~\!:9L:JU~ iE~ .n! Applicant Information ~ c. ../ JUL 2 '], 200.1 1. Owner/Applicant Information \J'UT'< Name: Swain County. Kevin King. County Manal~NR-~J~~~J}a^~RBlWlCH M '1' dd P iiEW'Jllm\! Ul mg A ress: .0. Box Drawer A Bryson City. N.C. 28713 Telephone Number: 828.488.9273 Fax Number: E-mail Address: kevinking 1 @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:kfutreal@yahoo.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 sitc plan must includc a scale and north arrow. Thc specific footprints of all buildings, impcrvious surfaces, or other facilities must be includcd. If possible, the maps and plans should includc the appropriatc USGS Topographic Quad Map and NRCS Soil Survcy with the property boundaries outlined. Plan drawings, or othcr maps may be included at the applicant's discrction, so long as the propcrty is clcarly dcfmcd. For administrativc and distribution purposes, the USACE requires information to be submitted on shects no larger than 11 by 17-inch format; howcvcr, DWQ may acccpt paperwork of any size. DWQ prefcrs full-sizc construction drawings rather than a sequential shect vcrsion of the full-size plans. If full-size plans are reduccd to a small scale such that thc fmal vcrsion is illcgiblc, the applicant will bc informed that thc projcct has been placcd on hold until deciphcrable maps are provided. 1. Namc of project: Swain County Emergcncy Watcrshed Protcction Program 2. T.I.P. Project Nwnber or State Projcct Numbcr (NCDOT Only): 3. Property Identification Number (Tax PIN): see attachcd sheet 4. Location County: Swain Nearest Town: Bryson City Subdivision name (include phase/lot number): Directions to site (include road numbers/namcs, landmarks, etc.): Access to the Island Park is located at the intersection ofIsland Street and Bryson Street in Bryson City, N.C. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that scparately lists the coordinates for each crossing ofa distinct waterbody.) Decimal Degrees (6 digits minimum): 035.4314896 ON 083.4432645 oW 6. Property size (acres): 2 7. Name of nearest receiving body of water: Tuckasegee River 8. River Basin: Tennessee (Note - this must be one of North Carolina's seventcen designated major river basins. The River Basin map is available at http://h2o.enr.state,nc.us/admin/maps/.) 9. Describe the existing conditions on the sitc 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 island is used by the public for recreation. The land use is recreation Page 6 of 12 10. Dcscribe the overall project in dctail, including the type of cquipmcnt to be used: Rcmoval of woody debris from the island using a logging skidder. The same acccss point . will bc used for all activities associated with this proiect. II. Explain the purpose of the proposed work: The woody debris needs to be removed in order For the public to utilize the recreational opportunities. Debris removal will improve boating safetv downstream. IV. Prior Project History If jurisdictional determinations and/or permits have been rcqucstcd and/or obtaincd for this project (including all prior phases of the same subdivision) in the past, plcase explain. Include thc USACE Action ID Number, DWQ Project Number, application date, and date permits and ccrtifications werc issucd or withdrawn. Provide photocopics of previously issucd pcrmits, certifications or other useful information. Describe previously approved wetland, stream and buffcr impacts, along with associated mitigation (wherc applicable). If this is a NCDOT projcct, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedulcs. V. Future Project Plans Arc any future permit rcquests 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 'Vaters of the United StateslWaters 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 projcct. 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 proposcd impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and watcrs, and all streams (intermittent and percnnial) 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 proposcd impact is strictly for wetland or strcam mitigation, list and dcscribe thc impact in Section VIII below. If additional space is nceded 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, I r' d bId fl d' separately 1st llTIpacts ueto ot 1 structure an 00 mg. Wetland Impact Type of Wetland Located within Distanee to Area of I DO-year Nearest Impact Site Number Type oflmpact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) 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., cemcnt walls, rip-rap, crib walls, gab ions, etc.), excavation, ditching/straightening, etc. If strcam relocation is proposcd, plans and profiles showing the linear footprint for both the original and rclocated strcams b . I d d T I 1 I . I I 1 X 'd hId' 'd b 43 560 must c mc u e . o ca cu ate acreage, mu ttplY engt 1 WI t , t len IVI e >y , Stream Impact Perennial or Average Impact Area of Number Stream Name Type oflmpact Intermittent? Stream Width Length 1m pact (indicate on map) Before Impact (linear feet) (acres) I Tuckasegee Debris Removal Perennial 50 100 2 Total Stream Impact (by length and acreage) 100 .11 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any othcr water ofthc U.S.). Opcn water impacts includc, but are not limited to fill f d d' f1 d' d' b lkl d t 1 , excava lon, re Igmg, 00 mg, ramage, u . lea s, e c. Open Water Impact Name of Water body Type of Water body Area of Site Number Type oflmpact (lake, pond, estuary, sound, bay, Impact (indicate on map) (if applicable) ocean, etc.) (acres) Total Open Water Impact (acres) Page 8 of 12 6. List tl I . llW flU S I' fr le cumu atlve llllpact to a atcrs 0 t le . . resu tmg om t le proJect: Stream Impact (acres): Wctland Impact (acrcs): Opcn Watcr Impact (acres): Total Impact to Watcrs of the U.S. (acres) Total Strcam Impact (linear fcct): 7. Isolatcd Watcrs Do any isolated waters cxist on the propcrty? D Yes ~ No Describe all impacts to isolated waters, and includc the type of water (wetland or stream) and the size of the proposed inlpact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to bc isolatcd by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be includcd above in the wctland and strcam 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): D uplands D stream D wetlands Describe the method of construction (e.g., darn/embankment, excavation, installation of draw-down valvc or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, acsthetic, trout pond, local stormwater rcquircment, etc.): Current land use in the vicinity of the pond: Size ofwatcrshed draining to pond: Expected pond surfacc arca: VII. Impact Justification (Avoidance and Minimization) Specifically describe mcasurcs takcn to avoid thc proposed impacts. It may bc useful to provide information rclated to site constraints such as topography, building ordinances, acccssibility, and [mancial 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 werc minimized once the dcsircd site plan was dcveloped. If applicable, discuss construction techniqucs to bc followed during construction to rcducc impacts. Rcmoval of debris from thc Island Park is neccssary for the public to fully utilize the park for rccrcation. Rcmoval of debris will improve boating safety down stream. The island will be accessed at one point using logging skidders. 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 onc 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 Pcrmits, publishcd in thc Fcdcral Rcgistcr on January 15,2002, mitigation will bc rcquircd whcn neccssary to ensure that adverse cffects to the aquatic cnvironmcnt are minimal. Factors including size and typc of proposcd impact and function and rclative valuc of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examplcs of mitigation that may be appropriatc and practicable includc, but are not limitcd to: reducing the size of the project; establishing and maintaining wetland and/or upland vcgetated buffcrs to protect open waters such as streams; and rcplacing losscs of aquatic resource functions and values by creating, restoring, enhancing, or prescrving similar functions and values, preferable in thc same watcrshed. If mitigation is required for this projcct, a copy of the mitigation plan must be attachcd in order for USACE or DWQ to considcr the application completc for processing. Any application lacking a rcquired mitigation plan or NCEEP concurrcnce shall be placed on hold as incomplete. An applicant may also choose to revicw thc currcnt guidclincs for strcam rcstoration in DWQ's Draft Tcchnical Guide for Stream Work in North Carolina, available at http://h20.enr.state.nc.us/ncwetlands/strmgide.html. 1. Providc 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 proposcd (rcstoration, cnhancement, crcation, or prescrvation), a plan view, prcservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description ofthc currcnt site conditions and proposed method of construction. Please attach a scparate sheet if morc space is needed. 2. Mitigation may also bc made by paymcnt into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is thc applicant's responsibility to contact the NCEEP at (919) 715-0476 to determinc availability, and written approval from the NCEEP indicating that thcy are will to acccpt paymcnt for the mitigation must bc attach cd to this form. For additional information regarding thc application process for thc NCEEP, check thc NCEEP website at http://h20.enr.state.nc.us/wrp/index.htm. Ifuse of the NCEEP is proposed, please chcck thc appropriate box on pagc fivc and provide thc following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation rcquested (squarc fect): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation rcqucsted (acrcs): Amount of Coastal wetland mitigation requcstcd (acrcs): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ~ No 0 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 (NEPAlSEPA)? Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A coordinator at (919) 7~3-5083 to review current thresholds for environmental docwnentation. Yes 0 No ~ 3. If yes, has the document review been fmalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA fmal approval letter. Yes 0 No )&l x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identifY )? Yes 0 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 buffi It' r er mu ]p. ]ers. Zone. Impact Multiplicr Rcquired (sq uare feet) Mitigation 1 3 (2 for Catawba) 2 1.5 Total · Zonc 1 cxtcnds out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extcnds 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 II of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwatcr controls proposcd in ordcr to protect surface waters and wetlands downstream from the property. If pcrcent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impcrvious level.N/ A XII. Sewage Disposal (requircd by D\VQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subjcct facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Ycs 0 No ~ Is this an after-the-fact permit application? Yes 0 No [8l XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes 0 No j}a If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h20.enr.state.nc.us/ncwetlands. Ifno, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction datcs to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakcs, datcs associated with Endangered and Thrcatened Species, accessibility problems, or other issues outside ofthc applicant's control). Due to Fcderal Regulations regarding the use ofEWP funding construction of all work must be Undcr construction by Scptember of2005.. -; tj pplicant/Agent's Signature Date (Agent's signature is valid only ifan authorization letter from the applicant is provided.) Page 12 of 12 Island Permit Application Land Ownership The Island Park is owned by the Town of Bryson City and is operated by Swain County APPALACillAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND PARK), 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 June 2, 2005 ..-=:. APPAiXCHIAN ELKTOE (ALASMIDONTA RAVENELIANA) SURVEY ON THE TUCKASEGEE RIVER (ISLAND PARK), SWAIN COUNTY, NORTH CAROLINA INTRODUCTION The Department of Agriculture, Natural Resource and Conservation Service is proposing to do debris removal on the Island Park 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 Park. 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 the island. 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 Greenfin darter Tangerine darter Gilt darter Greenside darter* Olive darter Sicklefin redhorse Northern Hog sucker Warpaint shiner Mottled sculpin* Rock bass River chub* Central stoneroller* Longnose dace* Rosyside dace* Mirror shiner Tennessee shiner Etheostoma zonale Etheostoma vulneratum Etheostoma chlorobranchium Percina aurantiaca Percina evides Etheostoma blennioides Percina squamata Moxostoma sp. Hypentelium nigricans Luxilus coccogenis Cottus bairdi Amploplites rupestris Mocomis micropogon Campostoma anomalum Rhinichthys cataractae Clinostoma funduloides Notropis spectrunculus ~otropis 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 150 feet above the proposed haul road crossing to about 250 feet below it or down to the western end of the islands (Figure 2). As the project will impact only one side of the river channel, only the channel between .the north bank and the island was surveyed. As the water in the channel was very shallow, only view buckets were used to inspect the substrate. In addition, the shoreline of all the islands was searched for relic shells. RESULTS No mussels were found above or below the project area. The substrate was cobble on cobble, with very little silt or sand in the study area. Of special note was the fact that no relic corbicula shells were found in the surveyed area. However, they are known to be in the river above and below the study site. It appears that this channel is subjected to high, scouring flood flows. Available mussel habitat was poor within the project area. However, several of the potential host fish species were noted and they were: northern hog sucker, darter species, and stronerollers. A map of the habitat present is included (Figure 2). RECOrvIMENDATIONS - Based on our survey, there are no mussels in the project area or immediately downstream of the project. Therefore, it is our biological opinion that this project will have NO EFFECT on the endangered species, Alasmidonta raveneliana. :1 Name: BRYSON CITY Date: 6/3/2005 Scale: 1 inch equals 1333 feet Location: 035.43148960 N 083.44326450 W Caption: Figure 1. Location of the mussel survey, Island Park Site, Tuckasegee River, Swain County, NC. Copynght (C) 1998, Maplech, Inc. 50 1.~1t . \scL:nJi ng Ilank (). ISO I Cobble 3" - 10" deep Th Iweg --------------< , ! 100 I{isht \>L"~lldiIE, 50 1\.1I1k 200, II Footbridge 50 100; ISO: i Small boulders High 'velocity 1~1-5~de :2 00; 25ui .3 00 i Figure 2. Habitat map for mussel survey site at Island Park Site, Swain County, NC. Name: BRYSON CITY Date: 6/3/2005 Scale: 1 inch equals 1333 feet Location: 035.43148960 N 083.44326450 W Caption: Figure 1. Location of the mussel survey, Island Park Site, Tuckasegee River, Swain County, NC. Copyright (C) 1998, Maptech. Inc.