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HomeMy WebLinkAbout20080913 Ver 1_Mitigation Closeout Report_20170523Mill Creek (Formerly Uwharrie Heritage) DNIS Project #253 Design -Bid -Build USACE Action ID # SAW-2008-01775 DWQ 401 #08-0913 Closeout Report: Stream Project Restoratton, 2014 (MY03) Project Setting& Classifications Site Meeting Coordinates: 35.561509,-79.%8396 County Randolph General Location -- 11 miles southwest of Asheboro, NC on the western edge of Uhwarrie National Forest Basin Yadkin Physiographic Region Piedmont Ecoregion Carolina Slate Belt USGS Hydro Unit 03040103050080 NCDWQ Sub -basin 03-07-09 Wetland Classification Thermal Regime Warm Trout Water No Project Performers Source Agency NCDMS Provider NCDMS Designer Michael Baker Engineering Construction Wright Contracting Monitoring Firm Axiom Environmental Approved for Transfer to Stewardship Yes Stewards NCDEQ Stewardship Program Preservation, 2017 Overall Proiect Activities and Timeline Milestone Month -Year Project Instituted June 2006 Restoration Plan March 2008 Permitted —USACE / 404 June 2008 Construction Complete January 2011 Monitoring— Year l November 2012 Runoff/Erosion Repair — UT2 May 2013 Monitoring — Year 2 June 2013 Monitoring — Year 3 July 2014 Monitoring— Year 4 November2015 Monitoring — Year 5 Nov Invasives Treatment Aril 2o17 Closeout Submission Note — Monitoring Year Datcs reflect mo/yr of data completion. 0 , I b r--> Watershed Planning Summa The Mill Creek (formerly Uwharrie Heritage) restoration project is located within HUC 03040103050080, in the Uwharrie River watershed, which is listed as a Targeted Local Watershed (TLW) in the 2009 Lower Yadkin Pee -Dee River Basin Restoration Priorities (RBRP) plan. Including Mill Creek, DMS currently has six projects in this TLW (Barnes Creek Grissom, Lambert Tract — Uwharrie River Bluff, UT to Barnes Creek, Uwharrie River Bingham, and Uwharrie River Cochran). Mill Creek and its unnamed tributaries are classified as Class C Waters by the NC Division of Water Resources (NCDWR). The project also addresses impairments on two unnamed tributaries to the Uwharrie River, and one ditch that flows directly into the Uwharrie River. The Uwharrie River is classified by NCDWR as Class B, and meets supporting criteria for benthos in the 2014 Integrated Report. The 2009 RBRP indicates that the Uwharrie River watershed contains a Wildlife Resources Commission priority area, over 60 identified Natural Heritage Element Occurrences, almost 40 miles of Outstanding Resource Waters, a few miles of Water Supply Waters and a significant amount of land already under conservation for use as game lands and protection by the Wildlife Resources Commission. The watershed was targeted as a TLW in order to continue existing conservation efforts in the area, and to protect aquatic resources from encroachment by development. Major goals for HUC 03040103 established in the 2009 Lower Yadkin -Pee Dee RBRP include the continuation of watershed improvement efforts already ongoing within the watershed, protection of valuable wildlife resources, improved management of storm water runoff to these waters and mitigation of impacts resulting from urbanization in the area. The goals of the Mill Creek project are consistent with DMS watershed planning goals. The project improves aquatic and terrestrial habitat; restores hydrology through increased ground water recharge, restoring hydrologic connections, and reconnecting channels with floodplains; improves water quality by reducing sediment and nutrient inputs; and further protects project improvements by preserving several stream reaches. In addition, the Randolph Stream County Natural Resource Conservation Service (MRCS), with support from the North Carolina Wildlife Resources Commission (NCWRC), provided Environmental Quality Incentives Program (EQUIP) funding for a native prairie grass restoration project within formally farmed/grazed portions of the property outside of the DMS Mill Creek project boundaries. The upland prairie grass restoration in combination with the stream restoration contribute to goals for conservation and implementation of a comprehensive watershed approach within the Uwharrie River watershed. Proiect Settine and Background Summa The Mill Creek site is located in Randolph County, approximately 11 miles southwest of the City of Asheboro, North Carolina. The downstream portions of the Site (west of Lassiter Mill Rd —SR 1107) were historically used for agriculture and livestock production. Livestock were removed and part of the land become fallow while the remainder was used for hay production. Prior livestock activity had compromised the riparian buffer along project reaches. More recently, sections of the farm have been managed by the North Carolina Wildlife Resources Commission (NCWRC) as part of an ecosystem restoration initiative whereby native prairie grasses are being restored within formerly farmed/grazed areas (outside of the project conservation easement). Prescribed periodic burns take place to maintain the native grasses. There are also bird banding studies taking place due to the favorable avian habitat within the project site and on the farm in general. The preservation portions of the Site are forested with mature deciduous trees and generally border the Uwharrie National Forest. The Mill Creek project includes approximately 22,000 linear feet of stream and associated riparian wet areas which are permanently protected by a 124.35-acre conservation easement (not including ephemeral reaches). Most of the smaller preservation tributaries are protected by a conservation easement 250 feet in width, per DMS's agreement with the landowner. Easement -protected ephemeral/non credited reaches, contiguous with intermittent/perennial project reaches, total 2,753 linear feet. Significant functional uplift was achieved though the implementation of this project. Nutrient and sediment inputs were minimized by improving native riparian vegetation and diversity. Stream banks were stabilized to prevent further sedimentation, and grade control was implemented to prevent vertical bed movement. Improved stream stability has enabled a more diverse aquatic habitat. On one tributary (UT2), breaching of a farm pond and conversion into a stream wetland complex (wetlands not credited) has improved hydrology and ecological function. In Spring 2017, a reevaluation of preservation reaches was performed to verify or reduce previously mapped assets. Preservation reaches UT4, UT8, and UT9 with smaller drainage area hydrology were field -evaluated in March 2017 with Sue Homewood, NCDWR, to confirm jurisdictionality. While UT8 and UT9 were jurisdictional as previously mapped, UT4 had an ephemeral/intermittent break which was confirmed and GPS-mapped, and reduction to stream length and assets was made. For UT7, during a prior evaluation DMS field staff had reached consensus that UT7 reflected jurisdictional features as previously mapped. Additionally, while UT1 stream assets (Enhancement Level II) were being reported for the lower part of this reach, with the upper 60011 excluded as an ephemeral ditch, the reach as a whole was determined to be devoid of adequate jurisdictional features to be included as a stream asset viable for 2017 close out and therefore removed from crediting. DMS feels that the assets now presented with the overall site have all been verified and are a true and accurate reflection of the mitigation being generated by the site. Goals and Obiectives Goals and objectives are from the 2008 Mill Creek Restoration Plan. GOALS • Improve water quality within the UT2 and Mill Creek watersheds by reducing sediment and nutrient inputs, increasing dissolved oxygen concentrations, improve stream stability, and wetland filtering • Improve water quantity within the UT2 and Mill Creek watersheds by improving ground water recharge, restoring hydrologic connections, and reconnecting channels with floodplains • Improve aquatic and terrestrial habitat within the UT2 and Mill Creek watersheds by improving substrate and in -stream cover, reducing water temperature by increasing shading, improving terrestrial habitat, and improving overall aesthetics • Increase animal and vegetation biodiversity within the site by connecting the riparian buffer improvements associated with the NCEEP's Mill Creek project with an NCWRC native piedmont prairiegrass restoration project located outside of the NCEEP's conservation easement boundaries. OBJECTIVES • Permanently protect 21,644 LF of stream channel through a conservation easement • Restore 938 LF of perennial stream channel • Enhance 4,859 LF of perennial and intermittent stream channel • Preserve 15,802 LF of perennial channel • Create 1.5 acres of wetland • Restore UT2 to its original drainage path to the Uwharrie River below the breached dam • Create a new channel below UT5's breached dam that flows along the fall of the valley to reduce the toe -of -slope erosion on the left bank • Improve floodplain functionality by matching floodplain elevation with bank full stage or by creating a bench to open the floodplain in areas where the channel is incised • Establish native stream bank and floodplain vegetation in the permanent conservation easement is Improve aquatic and riparian habitat by creating deeper pools and areas of re -aeration, planting a riparian buffer, and reducing bank erosion. Success Criteria Success Criteria from the 2008 Restoration Plan Measured Parameter Criteria Met Streams: Cross -Sections Yes — Some variation has occurred • There should be little change in as -built cross -sections. If changes do take 8 permanent cross- over the monitoring period but place they should be evaluated to determine if they represent a movement sections (6 riffle and 2 overall stream cross -sections show toward a more unstable condition (e.g., down -cutting or erosion) or a pool) stability across the site movement toward increased stability (e.g., settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Pattern Pattem measurements were not • Annual measurements taken for the plan view ofthe restoration site will taken since most project reaches include sinuosity, meander width ratio, and radius of curvature. The n/a were enhancement, however, radius of curvature measurements will be taken on newly constructed observation of restoration reaches meanders for the first year of monitoring only. indicated little or no lateral movement of streams Profile • The longitudinal profiles should show that bedform features are Yes — Bedform features appear remaining stable (i.e., they are not aggrading or degrading). Bedforms 3 monitoring reaches stable observed should be consistent with those observed for channels ofthe design stream type. Photo Reference Sites • Photographs will be used to document restoration success visually. Yes Photos indicate stream Reference stations will be photographed before construction and 13 permanent photo points stability continued for at least five years following construction. Reference photos will be taken once a year, Vegetation: 8 vegetation plots Yes- Success criteria were met in Minimum of 260 stems/acre in year 5 measured using the CV S year 5 with an avg. of 344 planted Level lI protocol stems/acre(excluding live stakes Yes — Success criteria met Hydrology: y 3 crest gauges and photo throughout the monitoring period • Documentation of two bank full channel events in separate years documentation of bank with a total of 1 I documented bank full events full events, with at least 1 occurring in 4 separate years. m 7 S � a j y m v v Q $ 0 01 D CD 3 W to ro ry — N t 3 9 d rF O H 3 N A W r p Cu N� awl _. K M 60 0 n� Preservation Areas Restoration/Enhancement Areas v ° 3 3 3 3 c 0 A 2 se A x x W N F O o Yr 3 ppp� $� 4Q ppp p h � a F A M m A A a S S d A A H A �y M a v v v v v v v A m m m m m p9 3 3 w 3 d �. ° a o� a1 3 3 m m A A 3? gg c ON O O O O O O 0 0 G F w Obi O 1p O FA+ N W � OHO w � n pppp $8� ttpp �p �p pp 1p n m 3 N N N N N F+ N N N N N N W N Yn 1 GI ♦n En IA I/1 VI C S' J v tD V O N C b ONO l0 S 6�1 Ot O� In w 6 Y O O V� W C1 CO 00 O W D A 00 O N V s �N inrt c nn f o Ao W N V � N T fy H d p 5: W 3n g �, N ? o 6 3i 3i it �n d ao d w m E m o E E a c^ n n fD tr >>� 3 v n oop156 I E o m Apt d ara �» o E3 m `SL m ^ c R q of EL EL?Lw m N� a �•x m .�.o E �.� N ice., ntv » 3a - o c c� o -. &y�� i ,- = SS2 IY jS Stream Morphology Data: Cross Sections, Longitudinal Profiles, and Morphology Tables XS -1, Riffle (UT 2) L�yLy O 99 ----------------------------------------------------------'___ 98 ------------------ -----------' --------------- _. a.eye s �� urm wwtz �Mmb1Vl1 97 —urm eo4e 0 to 20 30—eaaivwts 40 Station (feet) — Wr 51 m. XS - 2, Riffle (UT 2) 94 93 q 92 �o 91 .�urn� uaiz —armauns 90 �M m mni 0 10 20 —wfalVWls 30 Station (feet) --41 tvne XS - 3, Riffle (Mill Creek) 49 96 - 94 c a 92 '3 90 ----B.*" — — —. FbadAom Ay 88 man at ttroez —anmsivu 96 0 10 20 30 — urm ma 50 Station (feet) 1y16 XS - 4, Riffle (Mill Creek) 94 , 92 90 88 m 86 tma rnmA.. 84 --. -2 —asmdzvu 82 o—asm amp 0 10 20 30 SYatlon (feat —,t,m tt.t, — xrut uate 50 XS - 5, Pool (MM Creels) 100 98 96 t 94— } 92 __-FYaJP,meAw u steal t 1.913 90 —1iVai bl kl3 oral TTU — ura3 uaals 40 88 0 10 20 30 $/nS10i1 (�fCij uraT 11.116 XS - 6, Riffle (UT 5) 94 92 a 90 00 --Bawu �—-----_------------------------------- --- 99 ���_fboE wm,Aw __________________ _____ __ ________ ��31Ya11Le l_' �3RN btL I3 —armmn. 86 0 10 20 30 —arm unls 40 sywfon jr t) -Not measured duirng MY-04dueto Yelow ja" neck a� 5 � [ } E II I $ � 8 9 t I I a a t s N 1 M 4� i r � a n n n a a a y �v� ypE Oy E rn pO 3 0•0•0•� ��x 3 x 0. 0. � -zz oN-z�, -ww woo Nb � b>D Nvi.j�N & Goe •oN, 6ea� aw'`' 'o -�'•z ;Div-ZNi c o ° -?�N.r woo um $ A GYD o, oinybw •�. o 's (! A F Gei„ I.+JA Goo,,; �p t -Z.�' pN.. XYy —A ee w 00 y J � � G>D yYP>'O� CirP ?Ju C�� U G w N iir ip Y a � N sp�arf.wo�p,C a1 anp po.insraw A A - N o- a a IOU UOJpK c5o 3 O_ Y m N— O � A _ N� lr _ O U Q• -xz G D G n G n UV ' O>D W GO�yJN W a G OC3, J Jl.r in N N NN 1 J H V' � — i O> ZZ D N ti P> 00 -- u W J `O Lo N i" A •O J �. G>D �1501> 1+1 1 — P N — O O 7 A J J W N_ m C U N n i —w N —OO-QCA n �'•`—J P N— Oe- i 'fin i_ OG -pi O N wpoUCo� O O p u 'a n —� a N— •oNo o m - Ppd 000a3 ' O A N J U1 'e in U •l� O A J y 'D O O L, F �, i N V O T 'O A O Y ••OO J_ O A Vi 11111 SIMONi 110101101 t�o■ INS 111111111 I11111111 �a 1111111 I a� u�l � i�■i o nme llloillooloill MISSION li:oiiioolilol 1111111201121 � 11111111 liolliollooll ��� llloillis liio:iioolllol Hydrology Data: Verification of Bankfull Events Table Date of Data Date of Photo (if Collection Occurrence Method available Crest gauge observations indicated bankfull event on UT2 and UT5 June 10, 2013 J Line 7, 2013 after 3.64 inches* of rain between June 2 and 7 2013. Crest gauge observations indicated a bankfull event after 2.06 inches* of rain fall documented between July 10-11, 2013 following a total of November 25, 2013 July 11, 2013 4.31 inches* of rain fall documented to fall during 14 out of the proceeding 15 days June 25-July 8 2013). August 18, 2014 March 7, 2014 2.02 inches* of rain fall documented between March 6-7, 2014. August 18, 2014 May 15 2014 2.08 inches* of rain fall documented on May 15 2014. Large wrack and debris piles observed on Mill Creek, UT2, and UT5, September 16, 2014 August 1, 2014 as well as structure failures on UT2 and UT5 indicating a bankfull I event from a localized, heavy rain event. November 10, 2015 August 20 2015 2.34 inches* of rain fall documented on August I8-20 2015 - 2.02 inches* of rain fall documented on October 1-3, 2015, with an November 10, 2015 October 3, 2015 additional 2.33 inches* of rain the preceding week. 2.04 inches* of rain fall documented on November 2, 2015, with an November 10, 2015 November 2, 2015 additional 1.73 inches* of rain the preceding week. 3-4 Crest gauge observations indicate a bankfull event after 1.99 inches* May 4, 2016 May 3, 2016 of rain fall documented on May 3, 2016. Crest gauge observations indicate a bankfull event after 2.54 inches* August 22, 2016 June 15, 2016 of rain fall documented on June 15, 2016. Crest gauge observations as well as sediment on plants and debris October 16, 2016 October 8, 2016 indicate a bankfull event after 2.18 inches* of rain fall documented on October 8, 2016. *Weather Underground 2016 Mtn no III Ili � TIM a y � R m s x p na � 1C 3 � o-o ti 1-4 gu Eli AA x � � r X' yg g rr 3 n 3 r � r e W J A V N ti 3 n ysq pp�� yy�� VKiA$W 3 3 3 0 ogo.CCStik�G w � DMS Recommendation and Conclusion All non-jurisdictional/ephemeral reaches have been confirmed by DWR and DMS staff and, while still protective of downstream reaches, are not being credited (see Project Setting and Background Summary). Preservation reaches have an overall easement width of 250 feet in most instances. The vegetation data indicate an average site density of 344 planted stems per acre (excluding livestakes) surviving in year five. Natural recruitment of native hardwoods such as winged elm (Mmus americana), yellow buckeye (Aesculus (lava), and oak (Quercus sp.) remain prevalent. During year 3 (2014), Site planted stem density increased from 319 stems per acre to 369 stems per acre. During year 3 (2014), several new planted stems were discovered; some had recovered from damage and herbivory during the previous years, and some were simply missed or overlooked due to the dense herbaceous layer that characterized the Site during years 1 (2012) and 2 (2013). Visual assessment and geomorphic surveys completed for the Site indicate that project reaches are performing within established success criteria ranges. No significant bank erosion was recorded, and geomorphic measurements are within the range of the design parameters. In addition, 11 bank full events were documented throughout the course of the monitoring period with at least one event occurring in four separate monitoring years. DMS recommends that the Mill Creek Site be closed out as proposed to generate 6,246 Stream Mitigation Units. Contineencies None. Mill Creek - Preconstruction Photographs March 2008 U'I'2 (old pond) Mill Creek - Post Construction Photographs January 2017 UT2 flow over structure w Box turtle, UT8 upper section March 2017 Appendix A: Property Ownership Information & Verification of Protection Mechanism The site protection instrument for this mitigation project includes the following document(s), available at the specified County Register of Deeds office, and is linked to the property portfolio at: http://ncdenr.s3.amazonaws.com/s3fs- public/Mitigation%20Services/Document%20M anagement%20Libra ry/Pro perty/Pro aerty%20PortfoIio/253 MillCreek(fo rmerlyUwharrieHeritage) PD 2007.pdf Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. Appendix B: Permits & Jurisdictional Determinations U.S. ARMY CORPS OF ENGINEERS WH MI111GTON DISTRICT Action ID. 200801775 County; Randolph USGS Quad: Elertzor GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Authorized Agent: NC Ecosystem Enhancement Program. Salam Murtada Address: 1652 Mall Service Center Raleigh, North Carolina 27699 Telephone No.: 919 715-1652 Size and location of property (water body, road namelnumber, town, etc.): Mill Creek stream channel restoration project located off of High Pine Church Road (SR 1143). southwest of Asheboro, in Randolph County. North Carollaa. The project is located adincent to Mill Creek which is a tributary of the Uwharrle River. Description of projects area and activity: Proposed stream channel restoration project Including the adjacent riparian butter as described in your construction plans included with your application of May 20 2008 to restorelcubance 5797 liaear feet of strSapLchannel of the lurisdictional waters of Mill Creek. This verification is for tke authofazatlon of the Droposed work in iarisdictional waters of the U.S.; it dues not confirm units or mitigation credits. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivera and Harbors Act, 33 USC 403) Authorization: Regional (leneral Pemtit Number. Nationwide Permit Number: NW 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order ardor appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiation date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all r qutremenns of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., arc under construction) or are under contract to commence in reliance upon the nationwide permit, will retrain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority, has been exercised on a cue -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated shove) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to dctemtine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prim to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permit%" of the responsibility to obtain any other required Federal, State or local approvals/permirs. If there are any questions regarding iris ifrcation, any o the conditions of the Permit, or the Corps of Engineers regulatory program, please contact John Thomas (a) 554.4884 eaV4 Corps Regulatory Official �' Date: 06/0V2008 Expiration Date of verifleali 06MI2010 The Wilmington Districl is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit httD:Iiwww.saw.usage.wmv.miVWETLANDS/mdex.html to complete the survey online. Page 1 of 2 Determination of,lurbalictlon: ❑ }lased on preliminary information, there appear to be waters of the US including wetlands within the above described project area. Ibis preliminary, determination is not an appealable action under the Regulatory program Administrative Appeal Process ( Reference 33 CFR Pan 331), ❑ There are Navigable Waters of the United States within the above described project Wren subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law m our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® Tbere we watcrn of the US andfor wetlands within the above described project area subject to the permit requirements of Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to emced five years from the date of this notification. ❑ The jurisdictional areas within the above described project area have been identified under a pruvioue action. Please reference jurisdictional determination issued _. Action ID Danis of Jurisdictional Determination: Property has tribuoiry to Mill Creek which nowti to the Uwharrie River and the Atlantic Ocean• Appeals Information (This in(ormatlun applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you me not in agrestment with that approved jumisdichuua . determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RPA forth to the following address: District Engineer, Wilmington Regulatory Division AmnJean Mawele, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps roust determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it rtwat be peed at the above address by August 3. 2000. *vlt ix out necessary to submit am RF to the District f ce if you not object to the determination, in this correspondence." Corps Regulatory Offic _ Date 061034008 Expiration Date 06W/2010 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Pace 2 of 2 "Appliewit:xosystemEnt=cement Fumber: SAW 2008 Murtada I Mil I Creek Date: June 3, 2008 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMNYATION PRELIMINARY JURISDICTIONAL DETERMINATION D E SECTION I -The foElowing id¢titifies yottr'tig}tts.luid!opti0ii;i rCgArding an adrrljT»stratiYe appcel o�'t%te above,". , decision. Additional information may be found at htto l/www.usace.atmmy�miUitiel fiinctiq_rcw/ t /rc or Cotters regudWopie a33 'CFR Part 331. _ - - - — ---- A. INITIAL PROFFERED PERMIT You may accept or object to the pemlit. • ACCEPT: If you received a Standard Permit, you ®y sign the permit document and return it to the distict engineer for final authorization. If you received a Letter of Permission (LAP), you may accept the LAP and your work is authorized. Your signature on the Standard Permit m acceptance of the LAP means that you accept the permit in its entirety, and waive all rights to amen] the permit, including its terms and conditions, and approvedjurisdicticaak determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LAP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You most complete Section 11 of this fomn and return the form to the district engineer. Your objections moot be received by the district engineer within 60 days of the date of this notice, or you will forfeit your rigbt to appeal the permit in the famre. Upon receipt of your letter, the district engineer will evaluate your objections and ray: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the pemlit should be issued as previously wntten. After evaluating youc objections, the district enginm will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the • ACCEPT: If ycu received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature; on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approvedjunsdictioal determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Slandard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section IT of this form and sending the form to the division engineer. This form most be receive[ by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You ray appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form most be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal The approved ID under the Corny of Engineers Administrative Appeal Process by completing Section lL of this form and sending the form to the district engineer. This form mast be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable_ If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new infomtation for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL fNFORMATION: The appeal is limited to a rcvicw of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. O If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Jahn Thomas @ 919 554-4884 cx[ 25 Mr. Mike Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of i ngineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of pant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Atln:Jean Manuele, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Be11, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9MI5, Atlanta, Georgia 30303-8801 Action ID Number:SAW 2008 01775 County:Randolph Permittee: NC Ecosystem Enhancement Program, Salam Murtads I Mill Creek Date Verification Issued: June 3, 2008 Project Manager: Jahn Thomas Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return It to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 18% WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permillee Date Mill Creek • Randolph County (20080913) Subject: Mill Creek • Randolph County (20080913) From: Erie Kulz <cnc.kulz@ncmail.net> Dare: Fri, 25 Jul 2008 07:47:18.0400 To: Saban Murtada <talam.murtada@ncmail.nov CC: Laurie Dennison <laurie.j.dennison@ncmail.net> Salem We had a meeting yesterday with Kevin Tweedy and Will Harmon with Baker Engineering, R was a very productive meeting, and they clarified a number of things regarding this project and Bakers design methodology in general. While the report seemed to say that the Mill Creek design was based on the Mickey Creek project stream alone, Baker also uses compiled data from a number of reference reaches to develop various design values and ratios. this is a concept that Dr. Greg Jennings at NCSU Stream Restoration Program indicated that a number of the more advance designers were moving toward. In addition, Baker provided data on Mickey Reach, which showed that Mickey Reach is actually dynamic, and is developing its own pool features beyond the ones that were designed into the system. This is very encouraging for a restored stream. Based on the information provided, DWQ has no outstanding issues with the Mill Creek project, and the project is deemed issued. Have a great weekend, Eric Eric W. 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