20051387 Ver 1_Complete File_20050722

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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

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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:

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401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/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

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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,

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Alan W. Klimek, P.E., Director
Division of Water Quality

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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: [phone]

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:[e-mail]

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
[phone] 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:[e-mail]

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
[phone] 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,

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200, II

Footbridge

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i Small boulders
High 'velocity
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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.