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HomeMy WebLinkAbout19960455 Ver 1_COMPLETE FILE_19960509 RECEIVED jUN -1 1996 ENVIRONMENTAL SCIENCE3 f' North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, 404 Coordinator Division of Coastal Management FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: May 29, 1996 SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199600907, Application by Nantahala Power and Light to excavate accumulated sediment upstream of the White Oak Dam, Macon County. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by the U.S. Army Corps of Engineers, and I conducted a site visit on 7 May 1996. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.). The applicant proposes to excavate approximately 1,000 cubic yards of sediment from an area 120 feet long by 80 feet wide immediately upstream of the dam. An average of 3 feet of sediment will be removed by dragline or trackhoe and deposited on the adjacent bank between the reservoir and State Road 1310. Silt fencing will be used to prevcnt sediment from reentering the stream until the spoil pile is stabilized. An existing cofferdam above the lake will be extended with sandbags in order to temporarily carry the stream flow through three flexible pipes to the sluice gate of the dam. The applicant estimates that approximately 10 cubic yards of sediment or less will be discharged into White Oak Creek when the sluice gate is opened to drain the lake. The purpose of this work is to remove sediment that is restricting the flow of water into the intake tunnel for electrical power generation. White Oak Creek is a tributary to the Nantahala River (Designated Public Mountain Trout Water) and supports wild trout. We have no objection to the issuance of this permit, provided the following conditions are met: 1 199600907 Page 2 May 29, 1996 1) Work should be avoided during the trout spawning season of November 1 through April 15 to protect the egg and fry stages of trout. 2) Excavated sediment should not be placed on the site between the reservoir and State Road 1310. We do not believe that the applicant will be able to prevent sediment from reentering the reservoir at this site, which appears to be well within the floodplain of White Oak Creek. Instead, material should be transported off-site to a suitable uplands disposal area and stabilized there. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, DEM Mr. David Baker, COE, Asheville 12 E' State of North Carolina Department of Environment, x: Health and Natural Resources _ 0 ` Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ?,...? , A. Preston Howard, Jr., P.E., Director May 17, 1996 Macon Counly DEN Project 11 960455 APPROVAL or 401 Water Quality Certification Ms. Sally Browning Soil Scientist USDA Forest Service Wayah Ranger District Nantahata National Forest 90 Sloan Road Franklin, NC 28734 Dear Ms. Browning: You have our approval to place fill material in 0.02 acres of wetlands or waters for tire purpose of removing rocks and debris at canoe launch pool at Rowlin Crcck, as you described in your application dated 9 May 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2733. This certification allows you to u(?e. Nationwide Permit Number 18 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a now application. For this approval to be valid, you ?nust follow the conditions listed in Ihe. attached ccrtificarion. In addition, you should get any other federal, state or local permits lwfore you go ahoad wilh your project. If you do not accept any of the conditions of this certification, you ?nny ask for an a djlldica(ory hearing. You ?nust act within 60 days of the date that you receive This later. To rile for a lu•;u inh, send a written petition which conforms to (:haptor 15011 of" the North ('arcrliua (.??mcral Sf;dlltcs lo III(' Office of Administrative Hearings, 11.0. Box 27447, Raleigh, N.C. '/1'1611-74117. 'phis ce?tificaliou and its conditions arc final and binding unless you ask for a hearing, This letter completes the review of the Division of l nvironmontal Mamngem cnt under Section 401 of the Clean Water Act. If you have any questions, plcaso wlephone John Dorncy ;it 019 7.1 1786. `sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files 0.4> lfoward,.lr. 9(0.455.11r Environmental Sciences Branch, 4401 F3oody Crook F1d., fialoigh, NG 27607 Telophona 919 733 17f1r, I-AX 11 TM (1959 An Equal Opportunity Affirmative Action Employer • 50'% rocyclod/10% post consumor p ipor .. DEM ID: mss" 6 0 4 5 5 ACTION IDs Nationwide Permit Requested (Provide Nationwide Permit !): 18 JOINT PORN FOR ((? ?(?II [[ Nationwide permits that require notification to the Corps of Sngi401 (?.JV1„ EF,, Nationwide permits that require application for Section 401, Certification WILMIGTON DISTRICT ENGINEER WATER QUALITY PLANNING DIVISION CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTNt CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: USDA Forest Service, Wayah Ranger District, Nantahala National Forest 2. Owners Address: 90 Sloan Road, Franklin, NC 28734 3. Owners Phone Number (Home): None (Work): (704) 524-6441 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Sally Browning, Soil Scientist USDA Forest Service, 90 Sloan Road, Franklin, NC 28734 (704) 524-6441 5. Location of work (MUST ATTACH MAP). County: MACON Nearest Town or City: Topton, NC - site is 2.5 miles NW of Topton on US 19/74 Specific Location (Include road numbers, landmarks, etc.): U.S. Forest Service Nantahala River Put-in. Located at the intersection of US Highway 19/74 and SR 1310. Site is entirely on National Forest lands and waters. 6. Name of Closest Stream/River: Rowlin Creek 7. River Basin: Nantahala River- Class B Trout and Outstanding Resource Waters 8. Is project located in a watershed classified as Trout, SA. HQW, ORW, WSI or WSII? YES [X] NO [ ] Class B Trout and Outstanding Resource Waters 9. Have any Section 404 permits been previously requested for this property? NO [ ] YES [X] If yes, explain. The launch pool has been cleaned out in the same manner before. 10. Estimated total acres of waters of the U.S., including wetlands, located on project site: 0.02 Clean out launch pool 20' X 50' X 3' with a track hoe to remove rock material deposited in Rowlin Creek - a total of 111 cubic yards Drained: None. Flooded: None. Excavated: .02 acre( this rock debris will be hauled away to a disposal site away from any live streams.) Total Impacted: 0.02 acres. w Page 2 of 2 12. Purpose of proposed work: To clean out the launch pool at the Nantahala River put-in so the water level is deep enough for boats to launch 13. State reasons why the applicant believes that this activity must be carried out in wetlands. -A This is the only public place to launch a boat. Also, note measures taken to minimize wetlands impacts. Care will be taken to not spill material in the creek as it is removed. 14. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): A track hoe will will remove the rock debris from the launch pool that has been deposited by many storms since the fall of 1995. Hurricane Opal caused the largest portion of the debris to clog the pool 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence of any Federally listed or proposed endangered or for listing endangered or threatened species or critical habitat that may be affected by the proposed project. Have you done so? YES [ ] NO [X] None are listed in Rowlin Creek or the Nantahala River - care will be taken to not spill material RESPONSES FROM THE USFWS AND/OR NMFS SHOULD RE FORWARDED TO THE CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) reguarding the presence of historic properties in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [X] There are no historic or cultural sites in the launch pool 17. Additional information required by DEN: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. The area of excavation is in Rowlin Creek. It is shown on the map. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is the use of the surrounding property? National Forest land - public recreational use. F. If applicable, what is the proposed method of sewage disposal? Not applicable. W.-Sid -- Owner's Sig ture Date w 0 A // l; 0 IV ACTION ID: 11.01 ISSUEL", DEN ID:_ 5 5 9 6 04- Nationwide Permit Requested (Provide Nationwide Permit :t): 18 JOUR PORT[ FOR Nationwide permits that require notification to the Corps of Rngineere Nationwide permits that require application for Section 401 Certification WILMIGTON DISTRICT ENGINEER WATER QUALITY PLANNING DIVISION CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTNt CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: USDA Forest Service, Wayah Ranger District, Nantahala National Forest 2. Owners Address: 90 Sloan Road, Franklin, NC 28734 3. Owners Phone Number (Home)s_ None (work): (704) 524-6441 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Sally Browning, Soil Scientist 4 USDA Forest Service, 90 Sloan Road, Franklin, NC 28734 (704) 524-6441 5. Location of work (MUST ATTACH MAP). County: MACON Nearest Town or City: Topton, NC - site is 2.5 miles NW of Topton on US 19/74 Specific Location (Include road numbers, landmarks, etc.): U.S. Forest Service Nantahala River Put-in. Located at the intersection of US Highway 19/74 and SR 1310. Site is entirely on National Forest lands and waters. 6. Name of Closest Stream/River: Rowlin Creek 7. River Basin: Nantahala River - Class B Trout and Outstanding Resource Waters 8. Is project located in a watershed classified as Trout, SA, HQW, ORW, WSI or WSII? YES [X] NO [ ] Class B Trout and Outstanding Resource Waters 9. Have any Section 404 permits been previously requested for this property? NO [ ] YES [X] If yes, explain. The launch pool has been cleaned out in the same manner before. 10. Estimated total acres of waters of the U.S., including wetlands, located on project site: 0.02 Clean out launch pool 20' X 50' X 3' with a track hoe to remove rock material deposited in Rowlin Creek - a total of 111 cubic yards Drained: None. Flooded: None. Excavated: .02 acre( this rock debris will be hauled away to a disposal site away from any live streams.) Total Impacted: 0.02 acres. re Page 2 of 2 12. Purpose of proposed work: To clean out the launch pool at the Nantahala River put-in so the water level is deep enough for boats to launch 13. State reasons why the applicant believes that this activity must be carried out in wetlands. This is the only public place to launch a boat. Also, note measures taken to minimize wetlands impacts. Care will-be taken to not spill material in the creek as it is removed. 14. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): A track hoe will will remove the rock debris from the launch pool that has been deposited by many storms since the fall of 1995. Hurricane Opal caused the largest portion of the debris to clog the pool. 15. You are required to contact the U.S. Fish and Wildlife Service (USPWS) and/or National Marine Fisheries Service (NMPS) regarding the presence of any Federally listed or proposed endangered or for listing endangered or threatened species or critical habitat that may be affected by the proposed project. Have you done so? YES [ ] NO [X] None are listed in Rowlin Creek or the Nantahala River - care will be taken to not spill material RESPONSES FROM THE USPWS AND/OR NMPS SHOULD BE FORWARDED TO THE CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) reguarding the presence of historic properties in the permit area that may be affected by the proposed project. Have you done ¦o? YES ( ] NO [X] There are no historic or cultural sites in the launch pool 17. Additional information required by DEN: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. The area of excavation is in Rowlin Creek. It is shown on the map. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by consultant, include all data sheets relevant to the placement of the delineation line. D. If a storswater management plan is required for this project, attach copy. E. What is the use of the surrounding property? National Forest land - public recreational use. P. If applicable, what is the proposed method of sewage disposal? Not applicable. Owner's Sig ture Date -,4 r r N ?Q n O 0 1 1