Loading...
HomeMy WebLinkAbout19960829 Ver 1_Complete File_19981012State of North Carolina ~ Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director City of Wilson PO Box 10 Wilson, NC 27894-0010 Dear Sirs: 1?• NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 12, 1998 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Reservoir Expansion WQC Project # 960829, COE # 199401973 Wilson County Attached hereto is a copy of Certification No. 3129 issued to the City of Wilson dated October 9, 1998. This Certification replaces the one issued to the City of Wilson on January 31, 1998. If we can be of further assistance, do not hesitate to contact us. Attachments 980829.wgc Poo 1 n Howard, Jr. P. . cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Division of Water Quality - Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to the City of Wilson resulting in 1,563 acres of wetland impact in Wilson County pursuant to an application filed on the 22nd day of August of 1996 to construct an expansion of Buckhorn Reservoir with a revision referred to in a letter from Charles Pittman to David Franklin, Corps of Engineers dated October 6, 1998. The application provides adequate assurance that the discharge of fill material into the waters of Contentnea Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ. 2. A total of 600 acres of wetland restoration or creation in riparian (within 100 year floodplain) sites shall be completed. Mitigation shall be done in accordance with the letter dated September 22, 1998 from the US Army Corps of Engineers to DWQ. 3. The release of water from the dam shall be designed to ensure that release of hypoxic water does not result in violation of the dissolved oxygen standard downstream. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 9'h day of October 1998 DIVISION OF WATER QUALITY Pres n Howar , r. P.E. WQC # 3129 `jl°.NI f:4Y Wilmington District f1 1;1 Nr? +l;h llf,AC? Hnq, BrAnrh-' F: ETAii' MMPIT Or f11E AMMY WlLMINOTON DISTRst_;1; CORPS OF F140INEERS w11-MINe?r m, mo!v I, I t' t ttt,IN? n?c} •r ra ??+e?lrles?}ttstt ??, .tl..t'.=. IN nerrrv nvarro Regidatory Division Atition ID. 199401973 Mr, atihn l.?orraey Division of Water Quality North Carolina Doparrtrlivit of Unvi rot?mcn I, and Nawral Resources 4401 Reedy Creek Road t?(i.lUlgh, North Carolina 27687 T)VOT Mr, Porricy: 919 733 9959;5 1 r? O vv) r -V 4 C_?' - V dv?,?? `gyp U? Thft City of Wilson hm? royuest:etl a 1110di_ftc"titioll to 10Mpafttylrnt Of the Artily eetiott. 404 permit for expansion cif BijOl'jorn Rv" rvoie i}} Walsall CAttt(y to al tow tite City to prooved witli resen oir Glesrring and itrrtlrrviOr i- t this your aixt on fly 1999, rethor than latc 1999 av4 c;arly 2008. Tho regtaosted rra.cttii flc-ttt1011 u'tltrltl affect tho Titno Line Provisions o the City's penni.t. No ollle:x obsvrf?,os to thro j)vc j of itrtpetvtu or to the acc teKl compensation for t:ho proj out impacts is 1)ropctscd. A copy t} 11le c::ity'w revitacel 801calulo i.a attached to this latter for your refertance. regtwsteal tjcnlii?40{tt1 1{a t1c}gi a coloring of the ronivoir pool ;t1a ui.1'ic ftl.ly, the City has chlt'ing, the fall of 1998 tra npllnned in tile. 11111 of 1001.) as port}titfod, '.i'ilis change: ig needed, to aoocr111r11odate a railxolt slturtel tl1tr11 rnttit illrtieel °c,af tttlt tit}It 1e,11 titlle for life tnaitl tlaM 411111rerve:1] o ts. Tb.e or'iginn] a.(lr)strrtofitltt ?r?ltt rltlle: ("klle•rfed that the dsiti. constmetion to be oovi1.}tloted ut tho and of 1999. C;lerit lAtg oI. tfie, rr,xr=; voiv petal wtis setlticrt,md such that ccrmp1etiott of the dealing Would 111,1101 con) p!otioil of t11c dri1'it r!tristratetion, Sme'(k rn11114'. cur °ent gVilcelule, the clttttl io eixtreuf.erl to t)e;, oetmplote.ti by May of 1999, c'rr sctxlo c iglu i?lcl.rrtkis rtk oad ofthc original schoclulc, The City is retTi ratitlg l?s'nnissioo. to ililmediately begin e loar-inp, of the. reseTVnir liool in.. order to tcr, e?trrttr:+<.lrtttr the surly erotll?krrti.nrl rka.te for tho dune. T110 City's Golre'ral Gnnl.l aotcg e stirltrrtv.4 th,1.C Ow, nr tl.tttl tittle fior doilt'iltg of the reservoir pool aroa'w.ill take about 7-9 months. 'Ct1e Section 40411etmit for tho l3w*1101'11 K€ icivoit. t:Xpt'tlrioll PrcIiect included provision; for hoth 1lrnttervation nud unlimicarnetat of'cxit,titlg jttrir, liotivmal trt•ctrs ao wall As rostotation of t;rt}lajr ?'c}txttcr WGt1rt17t1t; tee buttUretla}?[t Ira+:4114cau1.1 W`e9t.iTitjrls. '1'a1 Ctltft°, Iieh ?.,-ity Y1S45 717#1(?.? .?'iltbt?tt111t#tl prngross towards satisfying those t'orlttircrrre iif,%. T hr, e w rviii >±tstttta attil pTopme-4 completion of tlv! city .a mitigstio%r e.ffortr ;trp dff' elrikewl I't1 v. r 1>f tif:NT i"MWilmington District R-218-98 11 8=S°?!? I II!;A(;F-Hng, Branch 919 738 99594 2 The pormit requires pregervalion of 3,711 nt`a`4'F+ of jtmisclintinrtsI wetlnmig m1900 acres oftron ;jiari«3aictioraAl laplial,.d6. '1'ltc i?r°c?sf?rvc4ti4)1r aarrrt is ?er?4,$?tlly Io1:Atccl aai-4)uircl th.a xese?,voir {lerlttretcr atld upstreartt of the reserv4)ir sr1411iu "l'ur.key mid M.cre w4irc Creeks, the two main tylbutaries in the proposed rerrervoir. TtcrFrf,,cl on fi(,!I(l d lirr4mrtimin con4llimd. by tiro City and varifrod by the USAC'E jmisdictiorr!al ai'cas wit'frirr Ilse*, P T()ptasr d preservation area boundaay ;mtually total 2,297 nacres, or approximately 916 ac vf-m Ano elf tho aero ape regaired by rhea pcrtxxit, Tbea City hras smaned cutlservrtti4,rr r4gotr mIN or, fee simplo title to more than 98 percent of these 2,297 acres. Tfie r(uplirnrrrot)i IFrr llre+srr3mitlolj of 900 ncres of iion-jurisdictional upfim la, which primarily oueaar iv'iJ )cfot to 1?1e,akc^,} iTr +rr,(i `t'm4,v.Y f+r,ecka witlihi the mussel. c;4)rr, dor, line been completed. Wor;kittg with the North Carolirta,1)lvisirrrr of Wator Qu ality ttrat:l. our office, MO City has irlerttitiesrl other nccepta>,1e. jtrrisrlicti+artryl rrrc=r m 1(wo?(l dr?tivt7 tr rtn?1 aftlleprc?je at Frith t'0r l)ros4 rva.ticaaa, To date, tho City lies acquired opil ox iIII Intcly .1 H) ;tams of additional wetlands fmin tlieme sites towards (lrc t4,t;fl slimt'.fieill n1`916 IrF'r°, ?. rri nddition, the City, is proposing to restore apptoximatoly 177 ac:rrvs of ;,4)n?; t?)!?riarr timmu-r wa°11ct.iuk tea i.?ulially offset the remaining r?lt4a> tfall its presetvt?tivti< rlcpca e, Sttitoble sites to saflOv t ho remainilig shortfall bsve been itlcutifaed and the City is colAinuing to purmle a cgiiisition of the mx oiniii,g acrouge,+. The City is Committed to the Completion of all t)yitig#ti,itttt;icgtrrsi.ti?)iis by the end ofthis year. The permit farther acquires the restoration of 000 not3 ot, fir-mor NVO1-OW8 to riparian bottomlatid hardwood wtOmids. The, City liras identified n !rrrffirivnt tarr:nttaer of sites that have 11mi acoupted lay DWQ and the, T.T, AC ,11 to sntjv('y tlw rant agf. requirement. The City has, at this point, acgi red. fee simple title to 100 irre^ of lirr iclc;r)titic?fj yiiltrr. The City has conun,itted to aryuisition oftlxc t'ctltai?rtir.r? as'?rcrciE;r try (.lr? ?r..;cl T„r1.`tlri? .yt:zar. t?€mtoration designs for approximately '82 m" ,51lrrvar but;,rr v4rrt,frlctud by air, City atld submitted to the TJSACE f6t° riwim Tires t 41y l+rirr)orrf`n to c cymplntn the rmOnrntinil ccnstruotion and pl4mming for 4`7$ norsop during tik fi..ail and ivititu, Tho areas to be pla,ttted dais witALT include all suitrt.rale restoration uitvs dial t2,r4 r`utmill.y rr idor C...1ty ownerRhip. Tii stimmary, the City has proposed to art F_)molislr its rrritigstticl?l .rerlttirt'fl143ttt?i lr!rtrarrarrt to t1 e foltaw:irtg schedule of tasko, My motli 11n atiFrr) of iHs City's Permit by tlrc 4JSACE would, at a minirnimi., be note 1ilir ued to require thp,1 ompletic)rt of these taAkrs within the tilte frame specified. '.Tasks l-3 would bo rilquirr'd be6hre i><rtl)ntmdroo,nt of the r4 orvoir would lac allowed to propeed. (t.) Tho acquisition, c)f the rem"1111ing, 300 rrc.rerrr (,f riparian romtorrition aommge by the mid. of thins year, k I W- Wit Q) The acquisitim Of PIC reina.ini?tir 77 rFFjr?-l FII Ili HI+A*T'Vllr'1f11?r or ecllrivnlellt Imitable r4 ntortrtioa area, by the 1'1,d of US yens.', ,ENT FW:Wilmington District BrAnch-i 919 733 99594 3 r () f"oillpletion of the re tnvitinil tl ?it?t1, Fits iir: lia??rlti tl, rjrlrl p1at1tiq f298 seas of 4pir -hui wotlands and 17$ ,runs of r on-riparirrrr Nv,o! mts {prim, (o impoundnicut of the rcSMOir which is expect(A to rror,rrr rlurirrp; ths? Eatiriarg of l 999. (4) (ompletion. of the roniR.iTiAng 3N ttr~t p fill ripgrittt) Iv?t.l911d vc9tor tion mistruction and plaaintin$ in, the fill and wi.ntor of ;l!?PP, We believe that the l':ity Ium rnarcle ra1.11stit"1110111 llrrigre';H I,oWarrds gatisfy-iti8 it-8 mitigation reclt>i.renletits and that tho, OVA 111nra Ru, ermijilr,tion of'tlrc rt=.siontion requirp-ment1 ia3 Ire'01564 raid.IC"0118b1u. We ilavI d to r('mdt r a1 1111mi rlt!%ihUalr rrrt (110 C:ity'w Tt5gUf5$t fire d.1i8 1110( irmAtion no later tlraTr ()rtobor a, 1998, My VrtrrlrT MIt- r-elartive CO this 11rt111ORRI chaUld ho providod to us on or bof'are tlatti date, 9irlumely, . f V,7 David Fratiklin ;?ii?c;ir111'rciJt;;uts lvlrrlir?i;ux 1 110,10MI:l,ro IiFNT IIYVAington District 9-2.1-98 ; ii:?J!i I)f;A(J'°°Hod, Brmnch°i 919 733 99594 a ?? ............... ., ..... :.. ...... ......... ............................... ...........,.,.., ..............................................................................._ ... ............................ -....... ................... ,.............. .,,.,.,,..,.,..,.,........................... ..............................................:.......:.......:....................... ..... ._.::.. .:,,................................................. ................................................................................. .:.: .,. ,.......................................................,..,..., _....... .................................. . ................... ..... . . ... ........ ............................... .......... ................................ ......................,....,... . F 7 ................................................................................... ...... ....................................... ............................................ V........................ .. .....,.............................................,...,.,..., ............................................................. ................. .... _........... ,,............,........,.,,.,......... :d ... _ .......................•,.,...• 1L .......... ......._ ........... ....................... ....... ,...,.,.,,..,... ................................................................................. .......•.,..,,....,..,,.,...,..,...,.,.,-..,,................................ ............ ... ..................•,..,,..,.......,.,.,,.,,,...,.,,,.......,.................•.......,,..........,,.,.....,,...,,.,,,. .. ............... ............................... rrnn•rnnomm?nrrvrneror,r„n.un..,,,...::,,._.,,..:,,..,,....-,. •.,n•rn.n nnrnu• umnre,..r....r........................................ ....... ..nv.m Q .............................................................. _............. _.............. ....,.,.,.,,,,..n........................... .................. .. ......... .............................. .............................................. ......:..:. .......... _ .............,. ?.,.............: . o. n....,.o................ .............. ...................... ......... ? ............................ ............................... .......................................................v„n.n,.n,.... ,...„,,...n.................................................... ..,.,.... .:.. ................................... ......:...:.............................. ,., ,...:.........:. .............................................., ... „. , U::::::: :::: :::.. .........::......... ........ .. tr .......... ..... 71 : : ...................... . ., .: ?.. .......... ..... '17T A %lip cn rn cn ;, I:r Q tk s t V i .1 Yt lf1 1+ av of ?y ?^ N iq 'rY top to 1'^ ? HI fi !iFNT RY:W.i lmxngtrn Distrir.t ; 9-'1.,?- 91 1, li:'il; II!iA(F deg. E}r jnrh-+ 919 733 9959;# 5 v IP' Ig I I?1 I q .............. ............... ,:...,..,., , . ................. _... ..,.........,,.,:...,..., ........ .._..... ............................... -- M ................ ...........:...:...:... .::.:.:.:...................... z 7 ,.,., . ,.,.,, ....................................... .:........... ........................... .... .......... ..... t;' ? m .. ....,,:,.. ......... . . ..................... .. .........,.,.,., 1............-.?.,-,:-,l-..-............... i . ........................................... ....,,. .... .... ................. .. ........... ................... ....,. ...,. .............. ................. ................... ?.._ ............... ? 11 fll?lT? ? >~t SENT f3Y:Wi.lmi.ngtnn Qistri.r,t ; u--9,3-93 8,!x'1 , WIAGF-RP9. Branch-i 041 M( ll4 M CC tower cc V fo yr 919 733 99594 5 .. .. .... ............. r.......................... .....r.......`......... ... .• ........ '.. ?,. '.'..r• ... • . . . . . ....................... ......................... • r..., .. ..... ... .... ........r.... K... ... ... .. .....r Y r ....•....r ..r ........... e.ir•.f....':+rer..,'e.., err ?.e.?e .n•. ?...... e..l1l1111 ....e........•........•....... •... .. z'Alrr . ......, ..'.. .... r. . .. r.....................• .....•...... ?..rrr r.• ..?. ?{ . .'.. ;. ,.. _ - ..... ... .......r . ..•....................r.......•. .. ?r. .. lW . ......... ...................r ...................... ' . .. ..... ......................r•.................... rr. !!..rr........ . .....r..... ............ . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER S P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402;-1890 March 9, 2000 IN REPLY REFER TO Regulatory Division Action ID No. 199401973 Mr. Charles Pittman, III Deputy City Manager Operations and Public Services City of Wilson Post Office Box 10 Wilson, North Carolina 27894-0010 Dear Mr. Pittman: 1?0 ?) \-u MAR { 3 '4000 SECTIO Reference is made to the Department of the Army (DA) permit issued to the City of Wilson on February 21, 1997, authorizing the discharge of fill material into 600 linear feet of Contentnea Creek to provide for the expansion of Buckhorn Reservoir, in Wilson County, North Carolina. This DA permit was conditioned to require hardwood wetland restoration to compensate for project impacts to jurisdictional waters of the United States, including wetlands. Three sites, for a total of 465 acres, were restored in late 1998 and early 1999: the 185-acre Beaver Creek site in western Jones County, the 165-acre Mosley Creek site in eastern Lenoir County, and the 114-acre Nahunta Swamp site in eastern Wayne County. An as-built report was prepared and submitted for these sites, but as of this date, we have not received the monitoring reports for 1999. On March 2, 2000, Mrs. Jean Manuele of my staff and I conducted an inspection of the Nahunta Swamp site. Although the growing season, based upon the Wayne County Soil Survey, had not started (i.e., and water levels should be the highest of the year), ground water levels in many of the monitoring wells were below target wetland levels. In addition, a substantial number of dead, planted seedlings were observed throughout much of the site. Although we did not conduct a through inspection of the entire site, the observations made over a substantial portion of the tract were sufficient to raise concerns over the success of the site. We anticipate that we will be receiving the 1999 monitoring reports in the very near future for all of the Buckhorn mitigation sites. Based upon problems we anticipate are occurring with the Nahunta Swamp site, and other sites if appropriate, we will be coordinating closely with your consultant to identify specific problems and possible remedial actions. However, to best serve the City of Wilson's needs and those of the Corps, the annual monitoring reports should be prepared and submitted in sufficient time after the end of the vegetation monitoring in the fall, usually no more than 60 days, to determine if remedial actions are necessary and to perform those actions prior to the start of the next growing season. This would preclude potentially losing a year of monitoring since the monitoring period for a particular mitigation site will start again at year one following any major site modifications or replanting of seedlings. If you have questions, please contact me at the Raleigh Regulatory Field Office, telephone (919) 876-8441, extension 22. Sincerely, S. Kenneth Jolly Chief, Raleigh Regulatory Field Office Copies Furnished: Mr. Don Cordell, P.E. Hazen and Sawyer, P.C. 4011 Westchase Boulevard Raleigh, North Carolina 27607 Mr. James P. Cauley, III Post Office Box 2867 Wilson, North Carolina 27894-2867 Mr. Kent S. Karriker CZR Incorporated 4709 College Acres Drive Wilmington, North Carolina 28403 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources Wetland / 401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 17, 1998 Mr. Donald L. Cordell, P.E. Hazen and Sawyer, P.C. 4011 Westchase Blvd. Raleigh, NC 27607 Re: Mitigation Proposal for the Buckhorn Reservoir Expansion Dear Mr. Cordell: The Division has reviewed your mitigation plans. for the Buckhom Reservoir Expansion Project that you submitted in August 1998. I also made a site visit with you and Bill Farmer on September 8 to look at the additional proposed mitigation sites. This letter is to provide comments back to you regarding those sites. The parcels along Nahunta Swamp appear to be the best match for the restoration of riparian wetlands. As stated before, we believe that this area within the floodplain of the Nahunta can be restored to riparian wetlands that will provide water quality benefits to the watershed. As long as the additional properties listed on page two and three (R2B - R2N) are adjacent to the Nahunta or a major tributary and within the floodplain, they should also be suitable for wetland restoration. Specific to the plans submitted by CZR, we recommend that the ditches be completely filled with material from the higher portions of the fields. Completely filling the ditches will help prevent continued loss of hydrology during dry periods. We also strongly encourage the restoration of micro-topography on the site by "random rutting". The plans also show two spillway structures on either side of the Nahunta, but no explanation is given for those structures. The Division also supports the restoration of stream channels through the wetland mitigation site, where practicable. The Hawley proposed mitigation site (R4) near I-95 also appears to be a good candidate for wetland restoration. The Division recommends that you look at restoring a meandering stream down through the field rather than just plugging the ditches. This will restore more of the function of the bottomland hardwood forest that you are targeting. We also recommend that you completely fill the ditches here also. Some grading may be necessary to convert the entire acreage to wetlands. The restoration of micro-topography should also be done on this site. We also understand that the availability of this site is still in question. Wetlands/ 401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper As discussed before, it may be difficult to restore a riparian connection to portions of the Jones County sites (R3 and R3A). Portions of the fields near the CP&L right of way may be difficult to restore to wetlands because of non-hydric soils and easements under the power line. Again we recommend filling the entire ditches rather than plugs and the restoration of small stream channels where practicable. Some grading may be needed in the higher fields and the restoration of micro-topography should also be done. The Division also recommends the establishment of a fifty vegetated riparian buffer around the remaining fields still in cultivation. As for the adjacent Davenport (R3B) and Stallings (R3C) properties, the Division would support acquisition of the riparian portions of those properties in order to create a more cohesive wetland restoration project. I hope these comments are beneficial as you move forward with the complete mitigation plans. If you have any questions please feel free to contact me at 733-1786. Sincerely, k'?t7 Pete Colwell Environmental Specialist cc: David Franklin, USACOE Wilmington John R. Dorney, DWQ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Regulatory Division IN REPLY REFER TO October 9, 1998 ?-0? Action ID: 19940197 pry Mr. Charles Pittman, III Deputy City Manager Operations and Public Services City of Wilson Post Office Box 10 Wilson, North Carolina 27894-0010 Dear Mr. Pittman: °%aa? The City of Wilson has requested a modification to its Department of the Army Section 404 permit for expansion of Buckhorn Reservoir in Wilson County to allow the City to proceed with reservoir clearing and impoundment this year and early 1999, rather than late 1999 and early 2000. The requested modification would affect the Time Line Provisions of the City's permit. No other changes to the project impacts or to the accepted compensation for the project impacts is proposed. Specifically, the City has requested permission to begin clearing of the reservoir pool during the fall of 1998 as opposed to the fall of 1999 as permitted. This change is needed to accommodate a much shorter than anticipated construction schedule for the main dam improvements. The original construction schedule expected that the dam construction be completed at the end of 1999. Clearing of the reservoir pool was sequenced such that completion of the clearing would match completion of the dam construction. Based on the current schedule, the dam is expected to be completed by May of 1999, or some eight months ahead of the original schedule. The City is requesting permission to immediately begin clearing of the reservoir pool in order to accommodate the early completion date for the dam. The City's General Contractor estimates that the actual time for clearing of the reservoir pool area will take about 7-8 months. The Section 404 permit for the Buckhorn Reservoir expansion project included provisions for both preservation and enhancement of existing jurisdictional areas as well as restoration of other former wetlands to bottomland hardwood wetlands. To date, the City has made substantial progress towards satisfying those requirements. The current status and proposed completion of the City's mitigation efforts are described below. - i iv, 2 The permit requires preservation of 3,233 acres of jurisdictional wetlands and 900 acres of non jurisdictional uplands. The preservation area is generally located around the reservoir perimeter and upstream of the reservoir along Turkey and Moccasin Creeks, the two main tributaries to the proposed reservoir. Based on field delineations conducted by the City and verified by the USACE, jurisdictional areas within the proposed preservation area boundary actually total 2,297 acres, or approximately 936 acres short of the acreage required by the permit. The City has secured conservation easements or fee simple title to more than 98 percent of these 2,297 acres. The requirement for preservation of 900 acres of non jurisdictional uplands, which primarily occur adjacent to Moccasin and Turkey Creeks within the mussel corridor, has been completed. Working with the North Carolina Division of Water Quality and our office, the City has identified other acceptable jurisdictional areas located downstream of the project site for preservation. To date, the City has acquired approximately 510 acres of additional wetlands from these sites towards the total shortfall of 936 acres. In addition, the City is proposing to restore approximately 177 acres of non-riparian former wetlands to partially offset the remaining shortfall in preservation acreage. Suitable sites to satisfy the remaining shortfall have been identified and the City is continuing to pursue acquisition of the remaining acreage. The City is committed to the completion of all mitigation acquisitions by the end of this year. The permit further requires the restoration of 600 acres of former wetlands to riparian bottomland hardwood wetlands. The City has identified a sufficient number of sites that have been accepted by DWQ and the USACE to satisfy the acreage requirement. The City has, at this point, acquired fee simple title to 300 acres of the identified sites. The City has committed to acquisition of the remaining acreage by the end of this year. Restoration designs for approximately 582 acres have been completed by the City and submitted to the USACE for review. The City proposes to complete the restoration construction and planting for 475 acres during this fall and winter. The areas to be planted this winter include all suitable restoration sites that are currently under City ownership. Based on this information and after the opportunity for review by the Federal and State resource agencies, I have decided to modify your permit to allow you to proceed with clearing of the reservoir pool. This modification is contingent on your acceptance and compliance with the following special conditions: (1) All mitigation that the City has committed to accomplished this fall and winter as specified above must be completed before initiating impoundment of the reservoir. (2) The acquisition of the remaining 300 acres of riparian restoration acreage must be completed by the end of 1998. - - (3) The acquisition of the remaining 72 acres of preservation, or equivalent suitable restoration area, must be completed by the end of 1998. 4 Mr. Frank McBride Habitat Conservation Program N.C. Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID: 199401 October 9, 1998 01 Mr. Charles Pittman, III Deputy City Manager Operations and Public Services City of Wilson Post Office Box 10 Wilson, North Carolina 27894-0010 Dear Mr. Pittman: I -0? w, k M The City of Wilson has requested a modification to its Department of the Army Section 404 permit for expansion of Buckhorn Reservoir in Wilson County to allow the City to proceed with reservoir clearing and impoundment this year and early 1999, rather than late 1999 and early 2000. The requested modification would affect the Time Line Provisions of the City's permit. No other changes to the project impacts or to the accepted compensation for the project impacts is proposed. Specifically, the City has requested permission to begin clearing of the reservoir pool during the fall of 1998 as opposed to the fall of 1999 as permitted. This change is needed to accommodate a much shorter than anticipated construction schedule for the main dam improvements. The original construction schedule expected that the dam construction be completed at the end of 1999. Clearing of the reservoir pool was sequenced such that completion of the clearing would match completion of the dam construction. Based on the current schedule, the dam is expected to be completed by May of 1999, or some eight months ahead of the original schedule. The City is requesting permission to immediately begin clearing of the reservoir pool in order to accommodate the early completion date for the dam. The City's General Contractor estimates that the actual time for clearing of the reservoir pool area will take about 7-8 months. The Section 404 permit for the Buckhorn Reservoir expansion project included provisions for both preservation and enhancement of existing jurisdictional areas as well as restoration of other former wetlands to bottomland hardwood wetlands. To date, the City has made substantial progress towards satisfying those requirements. The current status and proposed completion of the City's mitigation efforts are described below. - 2 The permit requires preservation of 3,233 acres of jurisdictional. wetlands and 900 acres of non jurisdictional uplands. The preservation area is generally located around the reservoir perimeter and upstream of the reservoir along Turkey and Moccasin Creeks, the two main tributaries to the proposed reservoir. Based on field delineations conducted by the City and verified by the USACE, jurisdictional areas within the proposed preservation area boundary actually total 2,297 acres, or approximately 936 acres short of the acreage required by the permit. The City has secured conservation easements or fee simple title to more than 98 percent of these 2,297 acres. The requirement for preservation of 900 acres of non jurisdictional uplands, which primarily occur adjacent to Moccasin and Turkey Creeks within the mussel corridor, has been completed. Working with the North Carolina Division of Water Quality and our office, the City has identified other acceptable jurisdictional areas located downstream of the project site for preservation. To date, the City has acquired approximately 510 acres of additional wetlands from these sites towards the total shortfall of 936 acres. In addition, the City is proposing to restore approximately 177 acres of non-riparian former wetlands to partially offset the remaining shortfall in preservation acreage. Suitable sites to satisfy the remaining shortfall have been identified and the City is continuing to pursue acquisition of the remaining acreage. The City is committed to the completion of all mitigation acquisitions by the end of this year. The permit further requires the restoration of 600 acres of former wetlands to riparian bottomland hardwood wetlands. The City has identified a sufficient number of sites that have been accepted by DWQ and the USACE to satisfy the acreage requirement. The City has, at this point, acquired fee simple title to 300 acres of the identified sites. The City has committed to acquisition of the remaining acreage by the end of this year. Restoration designs for approximately 582 acres have been completed by the City and submitted to the USACE for review. The City proposes to complete the restoration construction and planting for 475 acres during this fall and winter. The areas to be planted this winter include all suitable restoration sites that are currently under City ownership. Based on this information and after the opportunity for review by the Federal and State resource agencies, I have decided to modify your permit to allow you to proceed with clearing of the reservoir pool. This modification is contingent on your acceptance and compliance with the following special conditions: (1) All mitigation that the City has committed to accomplished this fall and winter as specified above must be completed before initiating impoundment of the reservoir. (2) The acquisition of the remaining 300 acres of riparian restoration acreage must be completed by the end of 1998. (3) The acquisition of the remaining 72 acres of preservation, or equivalent suitable restoration area, must be completed by the end of 1998. 3 (4) The restoration design, site preparation, and planting of 298 acres of riparian wetlands and 178 acres of non-riparian wetlands must be completed prior to initiating impoundment of the reservoir. (5) The remaining 302 acres of riparian wetland restoration construction and planting must be completed by March 1, 2000. (6) All of these tasks must be completed within the time frame specified and shown on the Revised Time Line Provisions (copy attached). (7) Special Conditions 1 through 4 above must be completed before initiating impoundment of the reservoir will be allowed to proceed. (8) All of the original special conditions, except as provided for above, remain in effect. If you have questions, please contact Mr. David Franklin at telephone (910) 251-4952. Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer Copy Furnished: Mr. Don Cordell, P.E. Hazen and Sawyer, P.C. 4011 Westchase Boulevard Raleigh, North Carolina 27607 Mr. James P. Cauley, III Post Office Box 2867 Wilson, North Carolina 27894-2867 Mr. John Hefner Division of Ecological Services U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. John Domey Division of Water Quality No h Carolina Department of nvironment and Natural Resources Wetlands and Aquatic Plants 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Lee Pelej Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street ` Atlanta, Georgia 30303 4 Mr. Frank McBride Habitat Conservation Program N.C. Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564 rr a .? C O 5 CO) Qa O xCf) Z NWo w00? ca cc ? a Mzd0 JCU W C = C L ? G 0 Y M? ? W f' ?co O O> r 0 W J = W o U . z . cc V E ~ 't 0 d CL o O y >, _? T T OC W f 1 o am 0 co T Q Co Q ' . a T V /y LL T .? in V T Z ¢ O `/?^? IL y? M W T ¢ T C C a O Co tq It N c Q . 0 N m ¢ It N .? It N ¢ ,a Q N T T T T 0 T T T T V C v' {i Q co V' U L LL M ii /y ? li M LL C Cn N 0 CO O CO CO c0 o c co o o a L 0 ' 'v O Y E E u. c 0 , ¢ U ¢ U a ' IL o o? m G .- N C7 It IA t0 t? OD Of 0 0 N r N N N ,?e C O N 'a Z p, v O K cn W O U10 0 N oC L CL ?-a CC z m c :3 W W i c .3 O 1= .C = Y ? in f' OD Z co OD w O W N c O .-. y O CIS _3 i O U Q (Sf V C O 4) Q 7 U Q V) V U) V U ?. 0 'G O C O O 4) C C C y d (a W Q i C w U ;r= = C O m C l0 O +• as O «- RS O +s c0 > ?C i- • C p> +. Z C O z w. i. O t ? a e CL L. ° m a ° IV) 0 > o W ac W c a .0 s .0 W (1) ca {dam 4) LL m N () U T O T C> N O V t :- N T C ca C cis O Z O C ^ E N ' - O Z N m w o L O c ff. N T cc T ir m o m N O N d 2 N a O O O 7 W a a a (A (n D 0 a LL LL U Q Q O U ?. a Q - t7 N Q N Kf N 0 N r- N co N Of N O co ?- M N t+! co co v in La m W m P m co m a co O at ?- i. c 41) O5 cn •co V O XN NW 0 ??W00? a MZ d 0 J ? W i r- 0 ~Y 2) M? W co e? co M O rn M ............................................................ ..__............................... ............_. __........ ...... .................... ............... .......... _........ d V Z .................................. .................................. .... .... ........... ........... ... ?.... ... N.... _.......... .......... . ................ ................ ..... ........................... ............ _...... .... ._..... .... ........... ........ ..._..._..._......... _........... ....... . ...... ... .. . ....... ..... O lA - = a ........... ..... ........... ............ .......... ............... . _...... ._.............. ....... ........ ........_....... ...... rn ? ..................... 0, .. ................. - ..... r ? ................................. ..... ........... ............ .......... ...... .......... ....... ......................... ....._ ` 0 _ ................................. ..... ........... ............ ........... ................ ....... ............. _....... ... ?.. ....... ....... = ..... a u- . - ................................. ..... ........... ............ ......... t Q _ _ .............. Z ..- .............................. ... ........... ............ .......... ............. . ...... ........ M... O a - .. ....... ... ...... .............. ................................ ..... ........... ............ .. .. ...... .......... .... . ................. . .... ....... .......... ....... ............ M ................................................. .............. ..................._ .............. ............ ............ .......... ........... ................ ................ ... n....... ...... ............... .. a ................ ..... ....... .. ............ ....... ................. .............. ................................. .... ..... 0) ...... (A 49 m w .... ........ ...... ....... ................. .............. ................................. .... ..... ..... ..... ...... 3: ......-. .. .. ...................... ....... ................. .............. a a y .............. N ................................. .... ......... ... ........... ........... .... ...... . ca .............. ? . ........... m .... .. m.... . n.............. 0 (0 0 . .... .................... ................................ .... ............ .......... ........... ........... .. N .... .. o ................................. .... .. ...... ........ ................. .............. ................................ .... ............ ........... .......... ...... o.... .......... ..... ......................... ................................. .... ............ ........... ... ...... N.... .......... .. ..... ......... ..... ........ ................. .............. a ........ . ........ ................. ............ ............................. ................................ .... .... ............ ............ ........... ........... ......... ........... ... ........................ ... ....................... a ...... .... ........... ............ ........... ............... .......... .. ..... .................................... ........ ................ ... ......... ? b j dl ... ......:.. ...... ..... a U ......... ........... ............ ........... LL .......................... ....... .... ........... ............ ........... ............... .......... .. ..... ................................... ....... ................. ............... .2 157 O p Q cr r 76 0O ?. Q N U ,0.1 z U c O C O CD = m E 76 = Q ?• U Q Q +-• +_ • C O Q Q G) ? c 3 3 '- `? E N ?? O 0 (D co 0 0 U C C N N N W O O c c aL 0 a c 3 Q o g o o ac cr U U W W E E co Z o o cn cn in cn cc V r 7 p m 0 O 0 O C C a c C C C p, T (O (A 7 °? (A O Co O = ++ i O (? O O cC O O t S O RS cd - 't T cc Icr 2: L a. i. i i r r m r r RS = C C O O O O O O ?n 0 W d m C a` ac = E c? O N L N O O (? U (A a? fq O fA a? (A N (A N O O z : co cn _ LL o U U a. ac 'a :2 cr ac cc cr ac ac U- U- 9 H p N t1 M a a tff et <O at h oD -t O> et O , CLO .- - to N N M ip t7 N N N IG O P N co 1n Of to O C, 10 l State of North Carolina M 1W Department of Environment, Health and Natural Resources Ar41 • Division of Water Quality James Hunt, Jr., Governor E H N F1 Jonathan B. Howes. Secretary A. Preston Howard, Jr., P.E., Director January 31, 1997 City of Wilson P.O. Box 10 Wilson, NC 27894-0010 Dear Sirs, Re: Certification Pursuant to Section 401 of the Federal Clean Water Act Buckhorn Reservoir Expansion WQC Project #960829, COE #199401973 Wilson County Attached hereto is a copy of Certification No. 3129 issued to City of Wilson dated 31 January 1997. If we can be of further assistance, do not hesitate to contact us. Sincerely, Wonnard, Jr. .E. Attachments 960829.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney - W. John Parker, Division of Coastal Management Central Files Division of Water Quality - Environmental Sciences Branch Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleigh. NC 27607 Teleohone 919-733-1786 FAX # 733-9959 1 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to City of Wilson resulting in 1,563 acres of wetland impact in Wilson County pursuant to an application filed on the 22nd day of August of 1996 to construct an expansion of Buckhom Reservoir. The application provides adequate assurance that the discharge of fill material into the waters of Contentnea Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice or as modified below. If you change your project, you must notify us and you may be required to submit a revised application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ. 2. A total of 600 acres of wetland restoration or creation in riparian (within 100 year floodplain) sites shall be completed. A final mitigation plan with identified sites is required to be submitted to DWQ before wetland fill occurs. 3. The release of water from the dam shall be designed to ensure that release of hypoxic water does not result in violation of the dissolved oxygen standard downstream. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 31 st day of January, 1997 DIVISION OF WATER QUALITY P.PoLnH oIr. P WQC #3129 . NCWRC,HCP,FALLS LAKE TEL:919-528-9839 FAX COVER Falls Lake Office Date /0 --?-9P Number of pages including cover sheet To: ^ c t .-% Phone _ Fax Phone CC: Oct 07'98 8:51 No.004 P.01 NC Wildlife Resources Commission Habitat Conservation Program 17421-85 Service Road Creedmoor, NC 27522 From: 0 ee>" . Phone 919.528.9886 Fax Phane 919.528-9839 Nf hIRr . HCP , FALLS LAKE TEL:919-528-9839 Oct 07'98 8:51 No.004 P.02 Norti Carolina Wfldhfe Resources Commission 512 N. Salisbury Street, Raleigh, Nm* Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director October 6, 1998 Mr. David Franklin, Special Projects Manager Wilmington District, US Army Corps of Engineers PO Box 1890 Wilmington NC 28402-1890 Subject: Permit Modification for City of Wilson, Buckhorn Reservoir, Wilson County, NC Dear. Mr. Franklin: We have reviewed your letter concerning the modification of the permit to allow the City of Wilson to alter the timetable of their project to f4eilitatc an earlier clearing of the reservoir pool than was originally proposed. This request is being made due to an earlier completion date of the dam than was originally anticipated. We have previously expressed concern about the adequacy of the mitigation package for the significant destruction of wetlands and habitat associated with the Buckhorn expansion. We are disappointed that the applicant now wants to begin clearing of existing forests within the reservoir pool without having met the conditions of the permits. However, we realize that some of the mitigation shortfall is due to approximately 936 acres of potential mitigation not meeting jurisdictional criteria. It is our understanding that these 936 acres that slid not meet jurisdictional requirements will remain a.5 part of the project lands to protect the reservoir, although this acreage does not meet wetland mitigation criteria. These 936 acres of uplands will help provide benefits to wildlife and reduce somewhat the deficiency of the overall mitigation plan. The City was required to provide forested stream buffers along Moccasin and Turkoy creeks and their tributaries to protect aquatic habitat within these streams for thu federally endangered dwarf wedge mussel. We are concerned that the entire buffer corridor has not been NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Oct 07'98 8:52 No.004 P.03 Buckhorn Permit Modification 2 October 6, 1998 City of Wilson acquired. Additionally, it is not known if these areas are in a forested state. The protection of these riparian corridors is most important to the dwarf wedge mussel and other aquatic life within Moccasin and Turkcy creeks. We are not opposed to the permit being modified to allow the City to begin clearing; the reservoir pool on the revised schedule provided they proceed more expeditiously with the mitigation portion ofthcir project. We do request that an additional task be required prior to impoundment of the reservoir. The fourth task would be for the city to have in ownership or in some formal protection the required buffers along the entire reaches of the corridor that were designated previously for the dwarf wedge mussel. Additionally, these buffers should be in a forested state consistent with the Forest Management Enhancement Plan Included in the FEIS. Thank you for the opportunity to review this permit modification. If we can provide further assistance with this project, please contact our office at (919) 528-9886. Sincerely, Owen F. Anderson, Piedmont Region Coordinator Habitat Conservation Program M. John Hefner, Supervising Biologist USFWS John Dorney, Wetland Scientist, Division of Water Quality WE -0"98(WED) 09.09 PUB SERVICES WILSO TEL:1 919 399 1.453 P. 001 City of Wilson Public Services (Fax Transmittal Sheet) Fax Number (252) 399-2453 DATE: iQ-- q-Q9 TO: I DEPT. Telep e it Fax # -9 I g - '7 3 -? - 9 ? ,51 ., FRUM: & I ---XEPT: Telephone #,-L5 Fax 9 For Your Information _ Please Respond gT Number of Pages (Tnclulling fax LL transmittal sheJ Additional Comments •' OCR.-0" 98(WED) 09:09 PCB SERVICES WILSO TEL:I 919 399 2453 P. 002 o CITY OF WILSON ?. u'?orct?n ?arco?i?a ,4 iNC6pvOranrco redo RT 2799d_ODiO Deputy City Manager Operations & Public Sorvioes October 6, 1998 Mr. E. David Franklin Regulatory Functions Branch U.S. Army Carps of Engineers P. 0. Box 1890 Wilmington, NC 28402-1890 RE. Proposed 404 Permit Modification Buckhorn Reservoir ExpanSion Dear David; This letter is to confirm the City of Wilson's request for and acceptance of the proposed modifications to the 404 Permit for the expansion of the Buckhorn Reservoir as described in your letter of September 22, 1998. The city has mefully reviewed each of the proposed modifications described in your letter and is agreeable to the revised conditions and schedule for permit compliance. We also understand that the Corps of Engineers has coordinated these revisions with the other affected resource agencies. We appreciate the Corps of Engineer's willingness to work with the City on the issue to accommodate the early completion schedule of our General Contractor. Please advise if you have any additional questions. Very truly yours, Charles W. Pittman, 1H Deputy City MAnager/Operations and Public Services C'W"PIU jb P.O. BOX 10 • WILSON, NORTH CAROLINA 27894.0010 t TELEPHONE (252) 399.2461 OPERATIONS CENTER • 1800 HERRING AVENUE i FAX (2521399-2463 EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTQ pt mRTer LR-O ?IngS402-1890 IN REPLY REFER TO Regulatory Division Action ID. 199401973 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Dear Mr. Dorney: y?` SEP 2 4 The City of Wilson has requested a modification to its Department of the Army Section 404 permit for expansion of Buckhorn Reservoir in Wilson County toallow the City to proceed with reservoir clearing and impoundment this year and early 1999, rather than late 1999 and early 2000. The requested modification would affect the Time Line Provisions of the City's permit. No other changes to the project impacts or to the accepted compensation for the project impacts is proposed. A copy of the City's revised schedule is attached to this letter for your reference. Specifically, the City has requested permission to begin clearing of the reservoir pool during the fall of 1998 as opposed to the fall of 1999 as permitted. This change is needed to accommodate a much shorter than anticipated construction schedule for the main dam improvements. The original construction schedule expected that the dam construction to be completed at the end of 1.999. Clearing of the reservoir pool was sequenced sucb that completion of the clearing would match completion of the dam construction. Based on the current schedule, the dam is expected to be completed by May of 1999, or some eight months ahead of the original schedule. The City is requesting permission to immediately begin clearing of the reservoir pool in order to accommodate the early completion date for the dam. The City's General Contractor estimates that the actual time for clearing of the reservoir pool area will take about 7-8 months. The Section 404 permit for the Buckhorn Reservoir expansion project included provisions for both preservation and enhancement of existing jurisdictional areas as well as restoration of other former wetlands to bottomland hardwood wetlands. To date, the City has made substantial progress towards satisfying those requirements. The current status and proposed completion of the City's mitigation efforts are described below. r i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMING eptember ?10?1ngB402-1890 IN HI-I LY HthtH IU Regulatory Division Action ID. 199401973 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Dear Mr. Dorney: `SEP24 The City of Wilson has requested a modification to its Department of the Army Section 404 permit for expansion of Buckhorn Reservoir in Wilson County to allow the City to proceed with reservoir clearing and impoundment this year and early 1999, rather than late 1999 and early 2000. The requested modification would affect the Time Line Provisions of the City's permit. No other changes to the project impacts or to the accepted compensation for the project impacts is proposed. A copy of the City's revised schedule is attached to this letter for your reference. Specifically, the City has requested permission to begin clearing of the reservoir pool during the fall of 1998 as opposed to the fall of 1999 as permitted. This change is needed to accommodate a much shorter than anticipated construction schedule for the main dam improvements. The original construction schedule expected that the dam construction to be completed at the end of 1999. Clearing of the reservoir pool was sequenced sucb that completion of the clearing would match completion of the dam construction. Based on the current schedule, the dam is expected to be completed by May of 1999, or some eight months ahead of the original schedule. The City is requesting permission to immediately begin clearing of the reservoir pool in order to accommodate the early completion date for the dam. The City's General Contractor estimates that the actual time for clearing of the reservoir pool area will take about 7-8 months. The Section 404 permit for the Buckhorn Reservoir expansion project included provisions for both preservation and enhancement of existing jurisdictional areas as well as restoration of other former wetlands to bottomland hardwood wetlands. To date, the City has made substantial progress towards satisfying those requirements. The current status and proposed completion of the City's mitigation efforts are described below. The permit requires preservation of 3,233 acres of jurisdictional wetlands and 900 acres of non jurisdictional uplands. The preservation area is generally located around the reservoir perimeter and upstream of the reservoir along Turkey and Moccasin Creeks, the two main tributaries to the proposed reservoir. Based on field delineations conducted by the City and verified by the USAGE, jurisdictional areas within the proposed preservation area boundary actually total 2,297 acres, or approximately 936 acres short of the acreage required by the permit. The City has secured conservation easements or fee simple title to more than 98 percent of these 2,297 acres. The requirement for preservation of 900 acres of non jurisdictional uplands, which primarily occur adjacent to Moccasin and Turkey Creeks within the mussel corridor, has been completed. Working with the North Carolina Division of Water Quality and our office, the City has identified other acceptable jurisdictional areas located downstream of the project site for preservation. To date, the City has acquired approximately 510 acres of additional wetlands from these sites towards the total shortfall of 936 acres. In addition, the City is proposing to restore approximately 177 acres of non-riparian former wetlands to partially offset the remaining shortfall in preservation acreage. Suitable sites to satisfy the remaining shortfall have been identified and the City is continuing to pursue acquisition of the remaining acreage. The City is committed to the completion of all mitigation acquisitions by the end of this year. The permit further requires the restoration of 600 acres of former wetlands to riparian bottomland hardwood wetlands. The City has identified a sufficient number of sites that have been accepted by DWQ and the USACE to satisfy the acreage requirement. The City has, at this point, acquired fee simple title to 300 acres of the identified sites. The City has committed to acquisition of the remaining acreage by the end of this year. Restoration designs for approximately 582 acres have been completed by the City and submitted to the USACE for review. The City proposes to complete the restoration construction and planting for 475 acres during this fall and winter. The areas to be planted this winter include all suitable restoration sites that are currently under City ownership. In summary, the City has proposed to accomplish its mitigation requirements pursuant to the following schedule of tasks. Any modification of the City's permit by the USACE would, at a minimum, be conditioned to require the completion of these tasks within the time frame specified. Tasks 1-3 would be required before impoundment of the reservoir would be allowed to proceed. (1) The acquisition of the remaining 300 acres of riparian restoration acreage by the end of this year. (2) The acquisition of the remaining 72 acres of preservation, or equivalent suitable restoration area, by the end of this year. 3 (3) Completion of the restoration design, site preparation, and planting of 298 acres of riparian wetlands and 178 acres of non-riparian wetlands prior to impoundment of the reservoir which is expected to occur during the spring of 1999. (4) Completion of the remaining 302 acres of riparian wetland restoration construction and planting in the fall and winter of 1999. We believe that the City has made substantial progress towards satisfying its mitigation requirements and that the City's plan for completion of the restoration requirements is realistic and reasonable. We intend to render a final decision on the City's request for this modification no later than October 5, 1998. Any comments relative to this proposal should be provided to us on or before that date. Sincerely, David Franklin Special Projects Manager Enclosure C O a? -a Z Q. v O KU) LU o p> ?•j .Zd0 J ? V wam c ?Oca m c J9as ? m m? W O O r in w J w o U .. Z .? '= c- U E I- p N 3 o w a 0 E CD C = O y >' ? ? w co ° p ca ch CL c 4 ? U U Q C = / ? LL U) in T Q T p T Z co U T U co T '? cC$ C N "i N 0) fl' ' +) N Q 't N 3 't N 3 7 T T M •N Q •N = 4) T T T T (D 5 M c •p 3 CC C[ p p p cc 0 oC Cc aC oC r Lo E u) cn E E E t O = u) u) o z •- E c o 4- o U- CE 1A V a o oC m 0 r N M tq {p ^ ap p? O r r r N r (7 r et r 1p r 10 r P r co r Of r Ic N r N N N e 4) O? N? Z CL v O xN _ N W o WO OS IL MZ 44)0 U i ? W ? d D m co M CO O rn N C O .. .-. ? 'y L O co 17 • W ?_. N Q < N v Q C O 0 O V N Q L Q ... y U c U c U Q M Ir. 0 U V •V U Q O C O ? N O Z y O U U U >_ V C Q. Q m i c Z N 'a p N > O a: N cc d cr c Q Q V ? V L Q C = W N 0 6 C d a 4) cc ,/R N (? U T T N i+ V dN' T N T v = as O ca _ O 2: O O ' ?/?? c I N E N L y L_ m Z N O L (A t N m m y ow d N N O V? Or 7 CO (L a a r (A (n m m m m y d a LL ii U Q Q F M N Q N I n- N N O N N O M r co N M - Cq co ., . M O M M EO M o M v v c 4) 0- CO) Z Q, V o x U) W O Q > L Na ?Z dV J W L C _2 W M CD O O) co Q _ .. ............ .............. ......... ?.............. .......... .....r,.... . y_ y ....... ............ ............. .......... n.............. .......... N ...... .... N ............... . ` ? .. ....... ............ ............. .................. ........................... .......... 46 ? ...... ... Z7 .............. ... .............. .. .... ...... ... .. n 0 ...... ............. ............. ............................. . .... . ...... m.. ..................... Z N ? cil o U) ...... ...... ............. ............. ............. ............. ...... ............................. ?.. ... ..... o ... C4 ........... .. .. Q ...... ............. ............. ............................. .......... ...... ............. ... .e..... ............................. ....... ... .............. ........... ----- ------ m.. W ... J m ........................ .......... M U M .......... .......... ...... ...... .. ... ..--- ........................ ........... .............. . (a c !_' 7 O c o .. •-• V Q ccs CT cO CIS C c0 = U ¢ A V .0. c c a) Q U O O O O ¢ . . Q U U c c a) Q Q N . c i i 4- OL c in in , a c 0 76 -6 0 V (1) - c c N N 0 0 O O cc a a s = a ¢ o o p p DC oC U U i a U L y- o N (a css m +0. +0. m E O E o CO O Z O t0 c O O O to co to co co m ca ca r o m w O w O c c c c c c c c Q. T co co '= L O O o o o o RS l e 'E2 12 -L CL V c i ? Cc ?- Z ?, ?, T r - L O : : O O O O O O V) fq C _ (a co CO _ co c c U O O N w O m W m m c as O a) L a) O O N O a) a) a) a) O O (1) Co u o v U a aC o? a- oC aC cc cC U- U- y . p 04 It a N t0 t? CD Of O w ?- tq N lw M lw V lw U) Ifl t0 1A t? ip CD tp Of 11> O f0 i0 State of North Carolina -Department of Environment, Health and Natural Resources A4j • Division of Water Quality James Hunt, Governor p E H N Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 31, 1997 City of Wilson P.O. Box 10 Wilson, NC 27894-0010 Dear Sirs, Re: Certification Pursuant to Section 401 of the Federal Clean Water Act Buckhorn Reservoir Expansion WQC Project #960829, COE #199401973 Wilson County Attached hereto is a copy of Certification No. 3129 issued to City of Wilson dated 31 January 1997. If we can be of further assistance, do not hesitate to contact us. Sincerely, on Howard, Jr. .E. Attachments 960829.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney - Mr. John Parker, Division of Coastal Management Central Files Division of Water Quality - Environmental Sciences Branch Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Teleohone 919-733-1786 FAX # 733-9959 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION- THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to City of Wilson resulting in 1,563 acres of wetland impact in Wilson County pursuant to an application filed on the 22nd day of August of 1996 to construct an expansion of Buckhorn Reservoir. The application provides adequate assurance that the discharge of fill material into the waters of Contentnea Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice or as modified below. If you change your project, you must notify us and you may be required to submit a revised application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ. 2. A total of 600 acres of wetland restoration or creation in riparian (within 100 year floodplain) sites shall be completed A final mitigation plan with identified sites is required to be submitted to DWQ before wetland fill occurs. 3. The release of water from the dam shall be designed to ensure that release of hypoxic water does not result in violation of the dissolved oxygen standard downstream. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 31st day of January, 1997 DIVISION OF WATER QUALITY WQC #3129 P.Pron How r. P DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO March 10, 1997 ATTENTION OF Environmental Resources Section IY Dear Sir or Madam: This letter is to notify you of the issuance of the Record of Decision, Buckhorn Reservoir Expansion, Wilson County. North Carolina, dated February 12, 1997. A copy is enclosed for your information. This Record of Decision was prepared in accordance with the requirements of the National Environmental Policy Act of 1969, as amended. The Final Environmental Impact Statement for this project was circulated for public and agency review in August 1996. The city of Wilson has applied for a Department of the Army permit, pursuant to Section 404 of the Clean Water Act, to discharge fill material for the construction of a dam to impound water on Contentnea Creek, Wilson County, North Carolina. Sincerely, District io ??0, gblutl Colonel, Army Ferry R. riaineer 2 ! L .291 Enclosure DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 1 Action ID. 199401973 Permittee: City of Wilson Location: Wilson, North Carolina Date: February 12, 1997 RECORD OF DECISION BUCKHORN RESERVOIR EXPANSION WILSON COUNTY, NORTH CAROLINA A. The CITY OF WILSON, North Carolina 27894-0010, has applied for a Department of the Army (DA) Section 404 of the Clean Water Act permit. Provided below are my findings and decision regarding this application. As the District Engineer for the Wilmington District, U. S Army Corps of Engineers, it is my decision, based on review of the Final Environmental Impact Statement (FEIS) for the Buckhorn Reservoir Expansion, Wilson, North Carolina, dated August 1996, the administrative record, and my 404 (b)(1) analysis (attached as Appendix A) that the project should proceed as proposed. I find the applicant's proposed plan to be based on a thorough and acceptable analysis of the available alternatives in relation to applicable factors including engineering, economics, social criteria, and the environment. Thus, I approve issuing the Section 404 permit for the applicant's proposed plan. Proposed Project. The City of Wilson's proposed project consists of the construction of a dam across Contentnea Creek approximately 700 feet downstream of the existing Buckhorn Reservoir, increasing its surface area from 740 acres to 2,303 acres. The proposed reservoir would have a normal pool level of 148.0 MSL and would impound approximately 6.7 billion gallons. It would have a 50-year safe yield of 29.0 mgd after adjustment for siltation, evaporation, reserve storage and a three-tiered minimum downstream release beginning at 4.9 mgd. This safe yield is approximately 48 percent of the ultimate safe yield of Contentnea Creek, which is estimated at 60 mgd. The proposed reservoir would function as a Class II reservoir in accordance with State reservoir classifications and would discharge downstream along Contentnea Creek to the Wiggins Mill Reservoir in the same manner as the existing Buckhorn Reservoir. -2- Public Coordination In compliance with my responsibility under the National Environmental Policy Act (NEPA) of 1969, I determined that the issuance of a Section 404 of the Clean Water Act permit for the proposed reservoir expansion would constitute a major Federal action significantly affecting the quality of the human environment. Therefore, an Environmental Impact Statement (EIS) was prepared in accordance with the requirements of NEPA and its implementing regulations (40 CFR Parts 1500 - 1508) and USACE regulations (33 CFR Part 325, Appendix B). Through the NEPA process and under Section 404 review, this proposed project has undergone extensive agency and public review. NEPA review has included an Environmental Assessment, a Draft EIS and a Final EIS. The Section 404 process has included two public notices. In addition, there have been numerous issue resolution meetings held with various Federal and state review agencies. The need for a public hearing was evaluated in accordance with USACE Regulation 33 CFR, Part 327.4, and it was determined that no valid interest would be served. Applicant's Purpose and Need. The applicant's purpose and need was identified in the Final EIS. The City of Wilson's purpose and need is to alleviate the City's existing water shortage by providing a reliable, long-term, high quality water supply of sufficient quantity to serve the City and surrounding communities. A water supply with a safe yield currently projected to be 29.0 million gallons per day (mgd) will be necessary to meet water demands of the City and surrounding communities in Wilson County by the year 2045. Existing raw water sources for the City of Wilson are inadequate to supply the existing service area. The estimated combined safe yield of existing sources is approximately 7 mgd, which is approximately 1.0 mgd less than the present average day water demand for the City. Alternatives. Fourteen alternatives to the applicant's proposed project were evaluated in the Final EIS: 4 Alternative A - Alternative B - Alternative C - Alternative D - Alternative E - Alternative F - Municipalities Alternative G - Alternative H - Alternative I - Lower Site on Contentnea Creek Moccasin Creek Site Toisnot Swamp Contentnea Creek Tributaries Tar River Purchasing Water from Other Development of Groundwater Supplies Pipeline from Neuse River Phased Project -3- Alternative J - Larger Regional Reservoir at the Proposed Site Alternative K - Pipeline from Texasgulf Alternative L - Dredging of the Existing Buckhorn Reservoir Alternative M - Combinations of Alternatives Alternative N - No Action All of these alternatives except Alternative A had serious deficiencies and therefore did not meet the applicant's purpose and need. Alternative A would entail the construction of a dam across Contentnea Creek approximately 4 miles downstream of the existing Buckhorn Reservoir and would create a reservoir with a water surface area of 2,513 acres at a normal pool level of 142.5 feet MSL. An Alternative A reservoir would impound approximately 6.9 billion gallons, and would have a 50-year safe yield of 29.8 mgd, adjusted for siltation, evaporation, reserve storage and a three-tiered instream flow release beginning at 4.9 mgd. Like the proposed project, the Alternative A reservoir would release water to flow downstream via Contentnea Creek to the Wiggins Mill Reservoir, from which water would be withdrawn by pumping to the Wiggins Mill Water Treatment Plant. Watershed characteristics would be similar to the proposed project. Comparison of Alternatives. The EIS examined the proposed project and Alternative A and compared them in terms of the applicant's purpose and need. The applicant's proposed project would provide a slightly lower safe yield than Alternative A, but its construction cost would be at least $2.4 million less, assuming roller compacted concrete (RCC) construction for the Alternative A site. The proposed project's construction cost would be $5.5 million less if the Alternative A site required an earthfill dam instead of an RCC dam. Alternative A would provide adequate capacity to meet the City's projected water supply needs. Water quality would be essentially the same for the two projects. 46 The proposed project would displace the residents of five houses versus four for Alternative A. However, the proposed project would have substantially less impact on existing roads. It would not involve modifications to any major State highways, while Alternative A would require improvements to both N.C. 42 and N.C. 581. The proposed project would inundate less area at the normal pool level, 2,303 acres versus 2,5 "acr for Alternative A, and also impact fewer acres of wetland 1,309 a res versus 1,566 acres for Alternative A. \ -4- The proposed project would inundate more stream-miles of documented dwarf wedge mussel range in Turkey and Moccasin Creeks; 4.65 miles versus 2.15 miles for Alternative A. Wetland Impacts and Compensatory Mitigation. The applicant's proposed project would impact 1,309 acres of wetlands. The total wetland acreage that would be inundated by the proposed project is 1,299 acres. The inundated area consists of 948 acres of wetland hardwood forest, 340 acres of wetland shrub-scrub, 5 acres of wetland old field/pasture, and 6 acres of wetland pine forest. An additional 10 acres of shrub-scrub wetlands would be impacted by the dam construction to bring the total potential wetland impacts to 1,309 acres. To compensate for these impacts, the applicant has proposed measures which would provide wetlands preservation and enhancement and wetlands restoration. These measures are described in Section 5.8 and Appendix H of the Final EIS. I am aware that the restoration component of the mitigation plan has not been finalized, in that sites have not been chosen, and therefore, site specific plans have not been made. After carefully considering all of the factors in this matter, however, I find that it is appropriate to issue a carefully conditioned permit for this project at this time. The nature of this project is such that very few wetland impacts will occur until the area to be impounded is cleared. That clearing is not expected to occur until late 1999. (see Time- line Provisions). Therefore a condition specifying the amount of restoration which must occur, and requiring that sites be selected and mitigation plans designed to, at a minimum, comply with the District's Compensatory Hardwood Mitigation Guidelines, and to be approved by USACE in consultation with the Federal and State review agencies, prior to the commencement of clearing within the proposed reservoir, should be adequate to ensure completion of the restoration component of the mitigation plan. In addition, a major portion of the mitigation plan is the acquisition (fee title and/or conservation easements) and preservation of a large area of wooded wetlands. Issuing the permit now, with a condition requiring the City to begin the acquisition process as soon as possible, will help to protect these areas from clear-cutting of timber and other forms of disturbance. -5- Accordingly, I have found that the compensatory mitigation plan as described below, which includes the plan proposed in the Final EIS, additional information provided by the applicant, and other considerations, will adequately compensate for the wetland losses caused by the proposed reservoir expansion project. Implementation of the plan identified below as Required Mitigation Plan - Wetlands will become a condition of any permit issued for this project. Required Mitigation Plan - Wetlands. Preservation. The City of Wilson will be responsible for accomplishing the following: (a) Preservation of 1,175 acres of wetlands and 608 acres of uplands within the acquisition or buffer area around the perimeter of the proposed reservoir. (b) Acquisition and preservation of 388 acres of wetlands within a 400-foot wide riparian corridor along the upstream part of Turkey Creek from the 159-foot elevation acquisition area to Murrays Millpond, which is just upstream of the N.C. 231 bridge, and within a 200-foot wide riparian corridor on all tributaries to Turkey Creek within the corridor. (c) Acquisition and preservation of an additional 1,252 acres of wetlands adjacent to the Turkey Creek riparian corridor. The total acquisition and preservation within and adjacent to the Turkey Creek corridor will be at least 1,824 `acres including at least 1,640 acres of Section 404 wetlands. (d) Acquisition and preservation of 276 acres of wetlands within a 400-foot wide riparian corridor along Moccasin Creek from the 159-foot elevation acquisition area to Taylors Millpond, which is just upstream of the SR 1723/1120 bridge, and within a 200-foot wide riparian corridor on all tributaries to Moccasin Creek within the corridor. (e) Acquisition and preservation of an additional 142 acres of wetlands adjacent to the Moccasin Creek riparian corridor. The total acquisition and preservation area within and adjacent to the Moccasin Creek corridor will be at least 526 acres including at least 418 acres of Section 404 wetlands. -6- Upon issuance of the Section 404 permit for this project, the City will be required to provide a wetland delineation for verification by the USACE for the preservation areas within and adjacent to the preservation corridors. A delineation has already been conducted in the project acquisition area around the reservoir. Should any of the areas initially identified as wetlands be determined to be uplands, the City would be required to satisfy the wetland preservation acreage requirements described above by adjusting or expanding its acquisition area to include the deficit wetland acreage. Areas already protected by the Nature Conservancy or other similar entities can not be counted toward the mitigation requirement. The preservation areas will be maintained in ownership or through a conservation easement by the City of Wilson and their use will be restricted to those compatible with the development and protection of mature bottomland hardwood wetlands. No development and/or disturbance, other than the enhancement provisions discussed below, will be allowed to occur within these preservation areas. A map showing the general area of the preservation lands is presented as Figure 1. Final boundary maps will be developed during acquisition procedures and provided to the USACE in accordance with the Time- line Provisions below. Enhancement. The City of Wilson shall conduct enhancement measures to the 3,233 acres of wetlands that are to be acquired and preserved as described above. These wetlands occur within the project acquisition area, the Turkey Creek and Moccasin Creek riparian corridors, and areas adjacent to the corridors. The enhancement would increase the mitigation value of the wetland preservation areas by improving their use for watershed protection and wildlife habitat. After acquisition of the property, specific plans will be developed for each area and within each habitat type and will be prepared in accordance with Appendix H of the Final EIS and the Time-line Provisions included below. These plans will be subject to approval by USACE in consultation with the Federal and state review agencies. The proposed enhancement measures will employ the following methods: (a) selective removal of undesirable tree species to promote and enhance development of desirable tree species in wetland hardwood areas; (b) similar enhancement measures will be applied to wetland shrub-scrub areas except that measures would not be applied until development of mature trees has occurred; -7- (c) removal of pine trees and planting of hardwood trees in wetland pine forest areas; and (d) removal of undesirable trees and planting of hardwood trees in wetland old field/pasture areas. Restoration. The City of Wilson shall be responsible for restoring 1 600 acres of former wetlands to bottomland hardwood wetlands. J Sites will be identified, acquired by the City, and restored to wetland status meeting the success criteria as specified in the Wilmington District's Compensatory Hardwood Mitigation Guidelines. Site selection will be based on the existence of hydric soils and the ability to restore the hydrology and vegetation to meet the required success criteria. A restoration plan will be developed for each site that identifies the specific methods and required measures necessary to restore the area to a bottomland hardwood wetland. All sites and restoration plans will be coordinated with EPA and will be subject to USACE approval. The 600 acre restoration requirement must be accomplished in accordance with the schedule provided in the Time-line Provisions. The City has identified a site that has been found acceptable by the USACE for the City to use in its restoration effort. This site is identified as the Newsome Farm site and totals 77 acres. The portion of this farm that,can be restored to a wetland will be dependent on the City being able to meet specific success criteria. The Newsome Farm is currently drained by ditches of variable size around the perimeter of each field. Surface and subsurface drainage is also provided by Nahunta Swamp, which has been channelized. It is not yet known whether the site contains subsurface tile drainage. Drainage from the site flows into the Nahunta Swamp channel, which drains eastward into Greene County and eventually flows into Contentnea Creek. The City reports that it is unlikely that any of the drainage ditches affecting the Newsome Farm could be_blocked, because they all carry drainage from adjacent property to the Nahunta Swamp channel. Therefore, the City has proposed to restore hydrology by constructing a low dike (2-3 feet high) around each field. The dikes will capture precipitation and occasional floodwater from the Nahunta Swamp channel and hold them on the site. If tile drains are found on the site, they will be disabled either by plugging the ends, or by breaking them at regular intervals. Water generally would leave the site only through infiltration and evapotranspiration. Emergency spillways in the dikes will allow for the safe discharge of excess water from extreme precipitation or flooding events. -8- To satisfy the success criteria for hydrology, the City would be required to meet the level of 12.5 percent of the growing season as specified in the Wilmington District's Compensatory Hardwood Mitigation Guidelines. Wetland restoration sites that are inundated or saturated to the surface for a consecutive number of days greater than 12.5 percent of the growing season are considered to be hydrologically successful. The City has proposed to plant the Newsome Farm with a mixture of wetland hardwood tree seedlings on 9-foot spacings for a density of approximately 538 trees per acre. Seedling stock will be one-year- old, bare-root, nursery grown seedlings. Species to be planted may include swamp chestnut oak, cherrybark oak, water oak, willow oak, laurel oak, overcup oak, green ash, bald cypress, water tupelo, black gum, and possibly others. The City will determine a final species list based on the hydrologic conditions expected on the site and the availability of seedlings from nurseries in the region, and will provide the list to the USACE for approval. Success criteria for vegetation will be in accordance with the Wilmington District's Compensatory Hardwood Mitigation Guidelines. Success will be measured by tree survival and species composition. Average tree density will be at least 320 planted trees/acre with at least six species of planted hardwood trees living at the end of the third growing season.. Rectuired Mitigation Plan - Endangered Species Background. The dwarf,.wedge mussel (Alasnidontaheterodon) is a Federally listed endangered species which occurs in Turkey and Moccasin Creeks within and upstream of the project study area. The current proposed project would inundate 3.58 miles (29 percent) of the 12.27 miles of known dwarf wedge mussel range in Turkey Creek, and 1.07 miles (15 percent) of the 7.30 miles of known range in Moccasin Creek. In accordance with the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 (a)-(d)), the U.S. Fish and Wildlife Service has determined, provided that certain conservation measures are accomplished, that the proposed action will not jeopardize the continued existence of the dwarf wedge mussel. In response to these impacts and to the concerns raised by the U.S. Fish and Wildlife Service and the N.C. Wildlife Resources Commission, the applicant has incorporated the following dwarf wedge mussel conservation measures into its proposed project plan. These measures will be included as conditions to any permit issued for this project and must be accomplished to the satisfaction of the U.S. Fish and Wildlife Service. -9- Acquisition Area. The project acquisition area, extending from the normal pool to an elevation of 159 feet MSL, will protect 3.57 miles of known dwarf wedge mussel range in Turkey Creek and 1.45 miles of known dwarf wedge mussel range in Moccasin Creek. Riparian Corridors. The 400-foot wide riparian corridor along Turkey Creek extending from the project acquisition area at an elevation of 159 feet MSL to Murrays Millpond just upstream of N.C. 231 in Nash County, and the 200-foot wide riparian corridor on the tributary streams, both identified above, will provide protection of the riparian habitat along the 5.12 stream-miles of known dwarf wedge mussel range in Turkey Creek above the project acquisition area and provide benefits to the additional 3.57 miles of known range downstream. The 400-foot wide riparian corridor on Moccasin Creek extending from the project acquisition area to Taylors'Millpond just upstream of SR 1723/1120, and the 200-foot wide riparian corridor on the tributary streams, will provide protection of the riparian habitat along the 4.78 stream-miles of known dwarf wedge mussel range in Moccasin Creek above the project acquisition area and provide benefits to the additional 1.45 miles of known range downstream. The total length of the above corridors comprises approximately 14.3 miles along Turkey and Moccasin Creeks and 9.6 miles along their tributaries. Mussel Relocation. Dwarf wedge mussels located in the section of Turkey and Moccasin Creeks to be inundated will be recovered and relocated to appropriate upstream habitat. Federal candidate and State-listed endangered or threatened mussel species would also be relocated to a suitable upstream location. Dwarf Wedge Mussel Monitoring. Monitoring stations will be established within the riparian corridors created by this plan and surveyed to develop a long-term record of dwarf wedge mussel status. Water Quality Monitoring. In cooperation with USGS, the City will establish a water quality monitoring program upstream of the reservoir. Beaver Monitoring and Control. A baseline survey to map active beaver colonies within the riparian corridors will be conducted. Beaver control measures will be undertaken where their dams threaten known dwarf wedge mussel habitat. -10- Yearly monitoring will be conducted and subsequent control measures will be taken as warranted based on communications with NCWRC and USFWS. Consideration of Agency and Public Comments. In evaluation of the comments received on the Final EIS and the Section 404 Public Notice, the following points are pertinent: Federal Agencies. The Environmental Protection Agency (EPA) and Department of the Interior (DOI) have concerns regarding the adequacy of the applicant's proposed mitigation plan. The concerns of EPA have been resolved by including a site-by-site coordination of potential wetland restoration sites with that agency. The DOI believes that additional acreage of mitigation is necessary. The Wilmington District has worked extensively with the applicant and other concerned agencies and individuals to try to achieve a mitigation plan which is practicable in terms of cost, within the limitations of the physical conditions of the regional landscape, and offsets the wetland impacts of the project. The project will adversely impact a total of 1,309 acres of wetlands; 948 acres are bottomland hardwood wetlands and 361 acres are shrub-scrub, pine forest, and old field/pasture wetlands. The compensatory mitigation plan that has been developed provides for 3,233 acres of wetland preservation and enhancement, most of which is or will become bottomland hardwood; 900 acres of upland preservation; and 600 acres of bottomland hardwood wetland restoration. Based on consideration of all relevant information, including the mitigation goal stated above, I find that the applicant's proposed mitigation plan is adequate to offset project impacts. State and Local Agencies. The N. C. Division of Forest Resources (NCDFR) has expressed concerns regarding the loss of available timber production within the project area and the enhancement techniques which are proposed. It is recognized that preservation will remove land from timber production; however, it was deemed necessary in this case to protect the dwarf wedge mussel, which has been adversely impacted by forestry activities in other locations. The N. C. Division of Water Quality (NCDWQ) will require assurances that low dissolved oxygen water will not be released from the dam before Water Quality Certification is issued. The design of the proposed intake tower will enable the applicant to meet this requirement. -11- The N. C. Wildlife Resources Commission (NCWRC) believes that the applicant's proposed mitigation plan is inadequate and that forest enhancement measures could be improved. The Wilmington District has worked extensively with the applicant and other concerned agencies and individuals to try to achieve a mitigation plan which is practicable in terms of cost, within the limitations of the physical conditions of the regional landscape, and offsets the wetland impacts of the project. It is my finding that this goal has been achieved and that the applicant's proposed mitigation plan is adequate to offset project impacts. The N. C. Division of Parks and Recreation has concerns regarding the adequacy of the applicant's proposed dwarf wedge mussel protection plan. The applicant has been coordinating extensively with the USFWS on the details of this plan. The USFWS, the agency legislatively mandated to protect this species, is satisfied with the protection plan, and the Corps has no basis to disagree with the USFWS on this issue. All requirements of the USFWS for the protection of this species will be made a condition of the permit. Individuals opinion that the proposed recreation. examined by as reflected are believed the project. and Organized Groups. Two individuals expressed the the applicant does not have a water shortage and that reservoir is actually being pursued to enhance Projected water needs of the applicant were thoroughly the Corps of Engineers and the State of North Carolina; in the FEIS. Currently projected future water needs to be accurate. Recreation is a secondary feature of One individual believed that other alternatives which would have less environmental impact were available to address the water needs of the applicant. The Final EIS thoroughly examined all feasible alternatives and the applicant's proposed project is found to be the least damaging practicable alternative meeting the applicant's purpose and need. One individual expressed concerns about relocating an historic cemetery. An African-American cemetery is located near the edge of the normal pool for the proposed reservoir. The applicant has stated that all remains from this cemetery will be relocated in accordance with rules adopted pursuant to North Carolina G. S. 65- 13 prior to inundation of the site. Two individuals expressed concern about the magnitude of wetland impacts which would occur from the project and believe the proposed mitigation plan to be inadequate. -12- The Wilmington District has worked extensively with the applicant and other concerned agencies and individuals to try to achieve a mitigation plan which is practicable in terms of cost, within the limitations of the physical conditions of the regional landscape, and offsets the wetland impacts of the project. It is my finding that this goal has been achieved and that the applicant's proposed mitigation plan is adequate to offset project impacts. Two individuals expressed the opinion that the project would have unacceptable impacts on the dwarf wedge mussel and that additional coordination with the USFWS should be initiated. The applicant has been coordinating extensively with the USFWS on the details of this plan. The USFWS, the agency legislatively mandated to protect this species, is satisfied with the protection plan, and the Corps has no basis for objection. All requirements of the USFWS for the protection of this species will be made a condition of the permit. Other Permit Conditions. I have considered the requirements and comments of all appropriate Federal, State, and local policies, laws, executive orders, and regulations, and the applicant's recommended plan is in full compliance with all these requirements. In addition to the required mitigation plans for wetlands and endangered species, the following items will be required as conditions of compliance.- , (a) Compliance with the 401 Water Quality Certificate obtained from the NCDWQ. r' (b) Appropriate erosion and sedimentation control measures will be applied during construction. The plans and specifications will be reviewed by the North Carolina Division of Land Resources, Land Quality Section. -13- Conclusion. I have reviewed and evaluated, considering the overall public interest, the impacts of this application, as well as the stated views of Federal and non-Federal agencies and the concerned public. I find that the applicant's proposed project is the least damaging practicable alternative to meet the applicant's stated purpose and need, and represents the course of action which, on balance, best serves the overall public interest. TERRY R. YOUNGBLUTH Colonel, U. S. Army District Engineer Fl9um 1 t t Proposed ¦ ¦ va`ion Areas and Mussel Corridors Buckhom Reservoir Expansion City of Wilson, North Carolina C mm HAM AM SAWW TIME-LINE PROVISIONS Buckhorn Reservoir Expansion Wetlands Preservation and Enhancement Approach Task 1 Secure aerial photographs of the proposed preservation areas. The aerial photographs will be used as base maps for the various studies of the preservation areas. Photos will be prepared in digital format to produce 1-inch=200-foot scale orthophotographs. All orthophotographs shall be tied to the North Carolina State Plane grid. Task 2 Compile overlays of the following information and add to the orthophotographic data base. ? tax mapping ? required mussel corridors ? preliminary preservation boundary ? hydric soils and approximate wetland limits Tax mapping information from Wilson, Nash and Johnston counties will be digitally overlaid on the orthophotographs. In addition, the extent of the required mussel corridors, and preliminary preservation area boundary will be added to orthophotographic data base to produce a composite map of the preservation area showing the approximate limits of wetland and upland areas. Task 3 Perform desktop review of the orthophotographic data base to establish adjusted preliminary preservation area boundary. The preliminary preservation boundary will be adjusted based upon a parcel by parcel desktop review of the boundary limits. The primary focus of the review will be to maximize acquisition of wetlands and minimize acquisition of uplands. If the majority of a parcel is within the preliminary preservation boundary, then acquisition of the entire parcel will be evaluated. Likewise, if the preliminary preservation boundary makes only minor encroachments onto parcels with minimal preservation value, then the preliminary preservation boundary will be adjusted to avoid these parcels. -2- Task 4 Compile list of affected property owners and send right- of-entry notice. Based on the results from Task 3, a listing of affected property owners will be prepared. This list will be used for providing the required right-of-entry notification to the property owners as well as coordinating the property survey and wetlands identification efforts. Task 5 Perform wetland deliineation of the preliminary preservation area. Wetland delineations will be made on all parcels identified within the preliminary preservation area, verified by the USACE, and accurately displayed on the orthophotographic data base. This effort will provide the information needed to confirm the wetland limits and make further adjustments in the preliminary preservation boundary. The purpose of the adjustments will be to maximize wetland acreage and minimize upland acreage within the preliminary preservation boundary. Data will also be collected that will permit classification of the existing wetland vegetation and forest cover for the purpose of the forest management enhancement. Task 6 Perform field surveys of affected properties, where required. Property surveys will be performed as required for acquisition of the preservation area. Surveys may not be needed for parcels involving acquisition of the entire parcel or where the acquisition limit can be otherwise satisfactorily described. Task 7 Prepare report on preliminary preservation area boundary and characteristics. After all field work has been completed, the acreage of the preservation area will be computed based on the preliminary preservation boundary as revised under Task 5. Wetland acreages within the revised preservation boundary will be compared to the requirements of the Section 404 permit. Additional wetland preservation areas will be identified if required to meet permit conditions. Wetland characteristics will be summarized based on forest cover types and application of the forest management enhancement plan. -3- The report will be submitted to the USACE to document compliance with the Section 404 permit conditions. Task 8 Acquire preservation area. The area within revised preservation boundary will be acquired through a combination of fee simple acquisition and conservation easements. Condemnation will be used, if necessary to insure timely control of the desired parcels in order to avoid further deforestation. Task 9 Finalize forest management enhancement plan. A forest management enhancement plan will be developed that provides detail on the degree and type of treatment for forest cover type. The plan will include maps showing the location of specific enhancement activities to be initiated and an implementation schedule and will be submitted to the USACE for final approval. Task 10 Identify restoration sites. Potential restoration sites in the Neuse River basin will be identified based-upon favorable topography, proximity to streams or other water bodies, presence of hydric soils and jurisdictional status. The initial effort will be directed towards identifying technically feasible sites that can be acquired through negotiated purchase. To the extent that this effort does not identify sites with sufficient acreage, then the remaining sites will be ranked in terms of technical feasibility and potential for acquisition through eminent domain. Sites will be acquired through eminent domain where necessary. Proposed sites to be acquired will be reviewed with the USACE, EPA, and NCDWQ prior to acquisition. Task 11 Design restoration sites. Contract documents will be prepared to describe the extent of the improvements and modifications required at each restoration site. The documents will detail the nature and degree of any grading or excavation required and measures to control or alter existing drainage patterns. Construction details will be provided for all proposed water control structures. The documents will also provide details on the types and spacings of seedlings to be planted in each area. -4- The final species list will be determined based on the hydrologic conditions expected at each site, and seedling availability. Task 12 Review of restoration sites. The complete contract documents will be submitted to the USACE for review and approval prior to proceeding to construction. Task 13 Construction of restoration sites. Construction contract(s) will be bid for the restoration work. The construction activities will be monitored to insure compliance with the requirements of the technical specifications. Piezometers will be installed for construction monitoring of the site hydrology. A final inspection of the completed work will be coordinated with the USACE. h f 1012 Dan and Road Dasign FkW Subsurtaoe Investigation Roadvray DDn SR 1142/1131 SR 1126 (NCDOT) Dam Design Regulatory Approvals (Dam) - Dam Safety Public Water Supply Oubr Agency Reviews 1142 Bidding and Award Advert se ad Bid-Road SR 1142/1131 SR 1126 Contract Awad4Road SR IUM131 SR 1126 Musad Sabage - Seka terlsr/lan Ptw 1 Raloea0on Rut" 2 Rabr lien RegutetoryApp"wais (am) Dam Safety Public Water SuR* Dow Agency Reviews DOT Revises-SR 1142 ddkp and Award Advertise and 8id.atoad t of 2 TIME LINE PROVISIONS Buckhom Reservoir Expansion Design and Construction Schedule r 402 Buckhom Reservoir Expansion Design and Construction Schedule Construction Activities SR 1142 SR 1126 Dam and Appurtenances Reservoir Clearing Preservation Area/Corridor Acquisition Property Entry Nofifmation Field Surveys Field Welland Verification Condemnation Notification Acquire Pmswvation Arealowitlas Acquire Reservoir Buffer Area Wetland Impacts SR 1142/1131 SR 1126 Final Subsurface Investigation Dam Site Gear Reservoir Pool Wetlands Mltlgation Pbesrvetion AMWCWkior Acquisition Reservoir Buffer Area Acquisition Identify RaslM lion Sibs Restoratioru Ske Design Restoration Site Construction Forest Mrrpwrwa Pinning Forest MarlagemMk Impbmaaatin APPENDIX A SECTION 404(6)(1) (PUBLIC LAW 95-217) EVALUATION BUCKHORN RESERVOIR EXPANSION FOR THE CITY OF WILSON, NORTH CAROLINA Evaluation of Section 404(b)(1) Guidelines 40 CFR 230 BUCKHORN RESERVOIR EXPANSION FOR THE CITY OF WILSON, NORTH CAROLINA This evaluation is based on the information provided in the Final Environmental Impact Statement, Buckhorn Reservoir Expansion for the City of Wilson, North Carolina prepared for this proposed project.. 1. Review of Compliance (230.10(a)-(dll. A negative response to any of the compliance criteria indicates that the proposed project does not comply with the guidelines. a. The discharge represents the least environmentally damaging practicable alternative; YESIXI NOI b. The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 307 of the CWA; 2) jeopardize the existence of Federally listed endangered or threatened species or their habitat; and 3) violate requirements of any Federally designated marine sanctuary; YESIXI NOI I c. The activity will not cause or contribute to significant degradation of waters of the U.S. including adverse effects on human health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreational, aesthetic, and economic values; YESIXI NOI d. Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem. YESIXI NOI I A-1 2. Technical Evaluation Factors (Subparts C-F) a. Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) (1) Substrate impacts. (2) Suspended particulates/turbidity impacts. (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hydroperiod. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) (1) Effect on threatened/endangered species and their habitat. (2) Effect on the aquatic food web. (3) Effect on other wildlife (mammals, birds, reptiles, and amphibians). c. Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts. (3) Effects on water-related recreation. (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. N/A Not Significant Significant' 1 1 X I I I I X I I I I X I I I I I I I X I I I I I I X 1 I I I X I I I I I I I I I X I I I X I I I I I I I X I I I XI I I I I X XI I I X 1 I XI I I I I I I X I I I I I I X I I I I X I I I I 11 X J I I I X I I I I I I I I I XI I I I I ` A significant or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. Explanations should be provided for any categories that are indicated as "Significant'. Explanations: 2.b.(1): Significant impacts on the dwarf wedge mussel as described in the Final EIS are expected due to the inundation and loss of known habitat. Section 7 consultation with the U.S. Fish and Wildlife Service has concluded that the continued existence of the dwarf wedge mussel will not be jeopardized by implementation of the proposed project provided identified conservation measures are implemented. The conservation measures that were developed will be included as conditions to any permit issued by USACE. 2.c.(2): Significant impacts on wetlands as described in the Final EIS would result due to the clearing and inundation of the proposed project. An extensive wetlands mitigation plan has been developed to compensate for these project induced impacts. Implementation of the compensatory mitigation plan will be included as a condition to any permit issued by USACE. A-2 2.c.(6): Significant impacts are expected to riffle/pool complexes as described in the Final EIS due to inundation. The proposed project would replace the existing riffle/pool complexes with the reservoir pool which would support a different community. 2.d.(1): The proposed project is designed to significantly impact water supply by providing a water supply reservoir with a 50-year safe yield of 29.0 mgd. 3. Evaluation of Dredged or Fill Material (Subpart G) 3/ a. The following information has been considered in evaluating the biological availability of possible contaminants in dredged or fill material. (Mark only those appropriate.) (1) Physical characteristics ............ IXI Any permit issued will require use of clean fill material. (2) Hydrography in relation to known or anticipated sources of contaminants ...................I 1 (3) Results from previous testing of the material or similar material in the vicinity of the project ................. I I (4) Known, significant sources of persistent pesticides from land runoff or percolation ..................) (5) Spill records for petroleum products or designated (Section 311 of CWA) hazardous substances ... . .................I I (6) Other public records of significant introduction of contaminants from industries, municipalities, or other sources ............................II Known existence of substantial material deposits of substances which could be released in harmful quantities to the aquatic environment by man-induced discharge activities ............. I I (8) Other sources (specify) ................... I I b. An evaluation of the appropriate information in 3a above indicates that there is reason to believe the proposed dredged or fill material is not a carrier of contaminants, or that levels of contaminants are substantively similar at extraction and disposal sites and not likely to result in degradation of the disposal site. The material meets the testing exclusion criteria. YES IXI NO I I- * A negative or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. A-3 4. Disposal Site Determinations (230.110. a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site ............. IXI (2) Current velocity, direction, and variability at disposal site ................. IXI (3) Degree of turbulence ................... IXI (4) Water column stratification .............. IXI (5) Discharge vessel speed and direction .......................IXI (6) Rate of discharge ................... IXI (7) Dredged material characteristics (constituents, amount and type of material, settling velocities) ............ IXI (8) Number of discharges per unit of time ........................ IXI (9) Other factors affecting rates and patterns of mbdng (specify)...... IXI The project will be implemented in a manner that discharge of fill material will be isolated from receiving waters. b. An evaluation of the appropriate factors in 4a above indicates that the disposal site and/or size of mixing zone are acceptable. ....YES IXI NO I I- 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed discharge..... YES IXI NO I I' " A negative or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. A-4 6. Factual Determinations (230.11). A review of appropriate information as identified in items 2-5 above indicates that there is minimal potential for short- or long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal site (review sections 2a, 3, 4, and 5). YES IXI NO 1I- b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5). YES IXI NO 1I- c. Suspended particulatesfturbidity (review sections 2a, 3, 4, and 5). YES IXI NO 1I- d. Contaminant availability (review sections 2a, 3, and 4). YES IXI NO I I- e. Aquatic ecosystem structure and function (review sections 2b and c, 3, and 5). YES IXI NO I I- f. Disposal site (review sections 2, 4, and 5). YES IXI NO I I- g. Cumulative impact on the aquatic ecosystem. YES IXI NO 1I- h. Secondary impacts on the aquatic ecosystem. YES IXI NO 1I- 7. Findin s. a. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines .................IXI b. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines. with the inclusion of the following conditions: I I c. The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reasons(s): (1) There is a less damaging practicable alternative..... I I (2) The proposed discharge will result in significant degradation of the aquatic ecosystem ... I I (3) The proposed discharge does not include all practicable and appropriate measures to minimize potential harm to the aquatic ecosystem ......... I I -A negative or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. A-5 . a Division of Water Quality Environmental Sciences Branch January 2, 1997 MEMO TO: Lori Jones, EHNR Administration FROM: John Dorn RE: Status of Buckhor Reservoir approval City of Wilson I have read the newspaper article concerning the Buckhorn Reservoir expansion sent over by the Governor's office. The only remaining issue that I am aware of concerning wetlands is that of mitigation. The City of Wilson will be required to locate 600 acres of land in floodplains of streams in the central Neuse River basin (Wilson/Kinston area) to restore to wetlands. The Division of Soil and Water conservation has identified about 2,000 acres of suitable sites in the Nahunta Swamp watershed. Our understanding is that Wilson is contacting landowners to purchase or obtain easements on suitable sites. Once the sites are identified as'available and viable, then the EIS will be complete and DWQ will issue the 401 Certification. The Corps of Engineers can then issue the 404 Permit. The Governor's Office may want to contact Mr. David Franklin with the Corps of Engineers in Wilmington (910-251-4952) to determine the status of the 404 Permit. DWQ staff have been in the field with the City's consultants several times to investigate possible sites and will continue to visit sites upon request. If you have any questions, please call me or Jimmie Overton at 733-1786. buckgov.mem cc: Jimmie Overton Steve Tedder Preston Howard Pete Colwell o A D-l"I DEC 31 '96 06:23PM EHPR•PUBLIC AFFAIRS State of North Carolina Department of F-nvironment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Jonathan B. Howes Secretary of Environment, Health, and Natural Resources 3.1'760 MUEhw-? edl?& 11"S I DA t2 RWPOND BY: UAAIOCE, IPMASE: Draft a repI/Or my signature and return borne. Reply, n4tirs the letter was referred to you by me (MPY to secretary's Office). Draft a reply for the Governor's signature and return to nee. Reply, noting the letter was re f envl to you by Governor Hunt (dopy to Secretary's (Afice) T_ For your information. _*rake appropriate action. Note and file. Note and return to me. Note and am rye about this. Your comments and/or recommendations. REMARKS: 4-op + 0 O?a Co ee o".a 6 ? 1;VU W P. Ok 512 N. Salisbury Street Raleigh 27604 (919) 7x5,4101 P.1/4 V "A C7EHNR URGENT *,?k% DEC 31 '96 06:24PM EHNR-PUBLIC AFFAIRS A i b"a a a • - w . r• U P.2/4 id 0 air +& as. -4. °• N .j ?a ,'ate' .ego +g „`?.,? OR W ? 45 9.2 Eel. Apt spi v a - m •? •.,. Z; v i0 ' m R: O O p Q 06 R 42 pr ? N a • ?" L' i' wa•'w,'? ti 416V N A w 'd I i .fq a y' A9 .-? C .v-'•. -4.50. t 41 0 2 rL -not •••O a ilz .: H tAn 0j .. cs low y x. Cho ' v -?t e?i 00 'dpi 14 a-, a4) aca •.o?, lip 4 4 7c } F. .d... W fr ?` l10„?'y•? o? a oq a'a ? ?? O m .94 a co P' L, be b u '1 is 0 L. J-1 ?} ? w m ta pm -1 fl a k?-? ° a ?b - IA lp1. mk .? M ?o L) 14 .5b ? y? m *37 a7 a9 o?Qjom?EL --- . ] <; 'M-'79G:- 06:24PM El-FR•PUBLIC AFFAIRS P. 3/4 4A 76 w9lonadk7law'.."w"': e:w ts iteax' re . t :.. ;. jonti:n ue a :' e b d, i , :., le 0 :; (outg3nwllf?+oaap!geata) ';' : ' ' inora,tbari f?pr acres for eaah;SOMA aC?splaced'wetlatida, joa The 'Wflmiegion 9MCO of the own oI, :: it+e eetlmsted aE.3l:mlutoa to.is Zoglaews: Bill Adenis,•'act mmloq; L;vis 1ei :: ' ?liaa'i1 agpltoR wi3 opEa slcv a ebnt wo aspaaakn Vav of the -Wausau of the d ddet of the' Emiranmental: Tte: ; Yet; liM°d. mks remalodar was for sources tieelian, prvpired a dr?it :oo?Wling engfheering fees' cad 910rd Jeopartllse the sarvival Of : •watlaad mitigation package is .. the andat Bred. d4?I?rf dgi ..reatiratlon of 000 acres of ' d " . • r md. vf. dec6doi: that, Is ha1°g;•'.:le®rt'foa. "We paid for a al;Od&; ged dmula •fey ! review..; -cant+psOtioo pf a ,? ' :':, marre , .. wvtlat M that wvrv converted ,Flrln nrrd W1kUifv otgr seta Ipter -;_ h a ? I a That doeamemt which auppvrta a.. ;date ftnm interest earns ' pp an the dsim permit., s ? dgt rmiaedthpt toe iix.m c me " ing to cafe. not the s cur ' lppap agtae "The diT wi71 teed to [ a e ' HW FM ve t : •• ' '' i idped by diettid vawneer' Tmry alb p q v v l, o ita8i0etaYaatds ". acgoire'. addttloual propeny to 00i*' with fYdn'al wetland M Yoaybluth, claw a? drafted ,or l ., . j ? Y meetings aad.hi as rwhad. Adems.VMdd•aot'aay - - EEL as effort to prow. Ehat.the . gaheroenta, +p° L!A•xat v?•mP.citieA ,.,, 7?e,U.S .lfavkaconaatal .?+v ` " _ whalhvr as draft documeat was °[Ivnc! P!ttt comment pftiodF . DM1atl oppotiettFa'have.e?cgram0d favorabtetoibepmpoaedPtojset tabliched"a stH0.o00'rexanM1 giAD^•`'`.Eo cflon'AYona7t"aPFeua•'ta he gram le A Vaduatsr4ricat: agtliIIadwlththeresterationof800 • Public comnoattsoathepxojo0t. ; 00a' 01d' R,lawofOHWW are eoaeidered In the atiatext of 'm°!?'erivlroni daimedaet,000roavari4 torttlq!t6::.: secrva.7hesgeueysatd,however. me drys request. "we give ail •'td 9talty' ? aB fytng i OoLV dwarf wedje mttieel that +raentty aoU9d •areas aheald ` "run voice in this pr000iai ?. '.' rive detdy thv ias4 otvretlandsand papufaftar?ht New Heriopebtrs .A •.'not garry'thl.eame• mitigation nan'dahned,a ¢a00•iewarl ter h t d e : ' Adams Said.'.sM dkWGt 'eagt= .''.4&rdwOodL':'1.[W Jim' the;gi(y'a _ f , .va reaaforea e ar as. .: •• ca?+n!!rgr an a7raindodLand.,svt asids;for.wvt3iada and or ehah[tatpeo am than has to wei?t all those tvneersrs sari make his•decJdco.'. arakod?gttate.: , .: vredgv rauaeel' pOpuladoa i The fir dorart. wedpamueael 7nbRd prngram.e,g9,,d:at• ilia d: of. dverLMplasomaaiess: shortly after that, **. cify . '• : 9h1n dtY espioivd cad divra diseardvd sbwtdrwvatwthaIIodhtQa'+:.: .: eft i9D4 "Tbevalyohstacleai4aartyiiip Laat'.aprll,' the. city: reurolated the process of ieadvbng are lame sev iternatlve :lrt•• 'UtheSttaioa40alaappraved,i. • cludirrg;dltfervnt•designs and 3eeGon 401 permit hvm On-N C ' the;6Q,0011 reward yrogram.and ' tinar.-answers' OW the Weiland "stravte"dampgtferquo ada±e-' : •mUigatton uestio `Pluman . .. ; laaat[ons. s Some .e nWonmental Department of Nnvirotrment,' ..agencies have artggested piping n H t l d N R % q n, Searchers A'is,60D ieward ti :61:- : said- "We aodcipate those being, .an u ure :: a amur .water from: the Nausa. Ktver, the should closely •ioHow 1putmati, : terld;foY t114 dIiCOVejyiof'i. rlgabredintheaetsodaya.". prsvlprreJy. imrQliorted?population ' r Tart PJver•-or •Smr.Leke.•'Thme eakl."WhvatherewsirmMufar. ptpeii xopldonstmllUpgi the 6W permit heard by the Carps Undacqtdift cad a pogo raldA:tar ern , fWYnstloa abQgt jtuow ar ' Th l i '„Nt woeid thameeivea ofEngiaeers are cost, most of have Significant. ve enviroruneetal , . ? . . v..oomp etod x m"air site poealadoaa„I}tthoagitetis 141!'. =Win=haw: at'ivaae.d,000' aorn s? ? for the let Pezinit. i '• Pa--T--•--sad: M-v na,roalobeenmet ' . ••. • . . rpoelv.p ieierali les,:ra.vo.. ahrding•the'1,190.'ecres glreAdy ' ` - . , ; . . .. 41hsr.parmtta.ir9:°vt-npedec? writer.Read, i Jtalaigh at. totneq rel?resbntlug•:aome resl• US clalmad<' a're,?tl -IM al*.' O1Nued'1*:*V COY. Veedod Iaad 9?he9 al:i::;: ' . ??; °" •':, :`tadndas20i rlcrea'of agrkw ural . t Blulaterintheprofecl deals affactvd`ty situ pr+RlOCt; re (Stytlnanoed.attivege;.rlls6 .'::land,f,BRi Rcrsa'o['utlilevataped veded;preylgiieb!;uniflwwn pop,i. ;storest laud'aad 7zs icw of other apOaded >the c roar. Costa 'inept'perdio?d.uii the final. on 1 • , . . ffi. , ?:. ,t••,.•• •. : ? .•; .:. 1, :' ? , '+. Anq•°. pal m project is to 004 . : vlrnnmaataldmpact statement... ibeYt $35 mltl1m , City' .a ,?.enn ?1!0 lillvir?olmteata{ ta4• 1twobl Ci . ,in Joh ton, N and Wilson *GWA , . voters ap waved asuinY up to'685 . per{ ittatement?Yt.d1dR't lolls es t[ mWlwtiageaeral abIfgaUonhaah • ,:ODUAnothee 50 to 73 acres they were giving etwuglt attention to fine, tho'prvjack ' Ceavfal to .orbet'.,opttena,•, he ertd TI?uFi• tdt tl l t t?lltanggatC4?!1ers1F; P '"00101 la We -midst of ga oa o >ondsarvbaokedhy?he , "u aimed-'t i at Uhey WON dty'itaairrpaumardq.:' ' .. .e.. .. .. ., ?,.. ..,AnalnelollatiOtM-Pittmanmid• • r . y .. ?glossingovertheprahlema." • N bonds ha bean -sold ' wodII?onu+mele.Dy.ro1R 'Mpdttearu.and bJ..i -owtat sol'fldiira ak and MOc.caala .Oro .?iole;pretobotrl the eeservudr':> to ;yrope9r•.°?? •.pQpaha4ons'arv 'ah'e To" a main ;.-uooa cave cow n,9a..•,Uur ae?o- owaed':... tlators beet bees appcpadrbtg the :rosier .•landvwaora aver'th6bleat:thres vatab,;.,yeara.!' T'iUman said !Wv fuel oosaaerermreea •: ;..;;y, :::: xpr4PWty } ¢ Thscity`R dtha'mpsaelnu ;:.'{e thato lion pptin- with`th? 'Ffsti''eriit' loused, trios :pttl+nlte•sarvk4 hrat'9aptetnber: 'dgtevbIM ' Wv have cat racelved final ap;..'.: The Droiew grunt Jet.. Mnan.asid•y4x W:::• "W we hag recatved. feedbactt', .. sari tent4U?d'?se?e?eptsuce of-apr, anrpllpehlls,' '. .,a:... Wiles, mom r+eloestisgdn mnsavis,.. all'.ittemD.ta"t0 • t1'tln4la,C.?!!' arussele hare.'elther:!.hsd •blgh . mortality rates or, hi*i: ' ilvdV ?t*I..,Slelrh no amts. . In rappanae {o the tinal•.en. Viro mental impact'•statmt,egt,:. &II is a 214 foaathBCAt the N C. Deparlreent of Savironmapt,:.r HeaUhandxaturalRespas+caa. W011MUIS ' The, project: es,'propaaea? Uapiaixa 1,0?5•aer+gc of watlatida', ?+: now rats at 1hir o va The • ....Bard ra180d aomo points. not law raquires that they be odd' ; prevtonsly. mvatloned dyriag. wlthta "van years the referee, • : pravtous yc curers perlOds.' dam. "We anticipate. the beads . ?t.htataic htack-cemeteryr Jim in lining mid late In 3997•ar early In .::the project ar4% In said, hand 1900,"PUknransaid.'Fund?s ?• :-*-•iIFO4 ld tha.red-cockaded be :waded rapidly then for oo}<-"' .;,Moffitaker shoWd have bees St $ftVWon.and,for snffi 1s»d"so- .::t j•yroya protection in the :':• ice 1000,, the city hea Bet aeitfe , : i°n' ; V . :4 Oh, ' The ?' azpaors'to Droseave'oy': DEC 31 '96 06:25PIl EHN2-PUBLIC AFFAIRS P.4/4 t •, • `? ..;, •t3awrdaY.Nowmb?rr'23:1098'. 3uckhiorn timeline 1975 Existing reservoir completed °' ' 1987.' Corps pf:Engineerq.Wteled plans for a. ....... ' ...,•. ° •••••feder?l•reservpir:expansian'` . 1988: Cit O Wilson..befitris,piarinrig ;reservoir droeight nearly tlries up reservoir Fish & W .1di 8• Servloa lssUes I!o0o rdywr t oplnbn 4ega?ding dwarf wedge mussels ;:=' in reseniolr area .:: " `1994 City offem rsWaW for-finding adclitioriai ..dwarf wedge`rrgMel iolwlations .. 7994. ':• .•::..:.•..• ..t.:.:•:....-• .... Fish A Wildlife•'r'everses; opinion .1995 City yoters;aMrgve bond referendum for Late 1906 Section 404 permit wgxicted from Corps of Engineers $Ui118r Final design from Hazen and Sawyer. • • .: 1997 • ?'' • • . Sl!)ti incr. Dwarf wedge mussel reldcation begins 1997 :..... Fall 1997 S • awar°ed Late 1997 .: Construction begins 'Late 1999• Pro?eid completion Thelma .",v, •a Bailey Read Despite these concerns and resident; slsoentered a comment. delays. P'ittmari••is • optiwiatic "I bave,said before (that) $he aty• , alidait'" project. L1 fact; the city pf 'Wilsoa;wants the land for. rec. tecerit>,y authorized Hazen' and restlo(14iaforwatexi" sailey Sawyer tc?proceed witb'tise final wrote. "The.prw. thing_.B U,to dig design," a roeess that ?nnay take the pr6lif 'servWout som" ' ;lime or. 10 ntoAths. Hazen 'and will be'w t on the iana M' al . Sawyer ii Ahe'; Rnlelgh en- readphave" vlronmental engineering firm that t:,o?wer farmer has steered the project since its prossedaiiguishatlaairiglan W ince, h.01 has been in'their'fa4iuiW toi"gen. IS everything 'goes ; smoothly oratiow.' SOMO'feee+oa thpt t]wir from here oh out, the project twW lis?elitiuod :tidotiId ba",etidangec+erl y •?1 ...••. on tile' 404 .an?'O,at :tr"alYtc erid erime'vv`aiYa .:.. ° • ttman said e'';leei ovortake thoir"rju?t,'iriial area: ? ? ' • 1?i ... •!?v ,? :..... , .:; : ;really' good about k. Although'the Flue city, i?n.cotitian:with'` ?aotshasbeeiilong?ipefeeltltat ?,?c tise.Cot s,.is,;revle? ng these cor -:. aii raeidly',*u a •Cla?i?r'e to uses ne?sery' :m11i2"le ehottld a ireallstlc tor'?a } '::h!.•i.? ?;..::s•:: t:.:: l 1?l?li•ed?l'Dj4?:t.•? r•.. State of North Carolina Department of Environment, Health and Natural Resources Ja mes B. Hunt, Jr., G ove mor Jonathan B. Howesy Secretary Steven J. Levitasy Deputy Secretary D?? 1??t a1 I?EHNF1 Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Load Raleigh, N.C. 27607 FAX:(919) 733-9959 FROM: ?A N PHONE: -7,33- NO. OF PAGES INCLUDING THIS SHEET: ,3 !ST4Z ? A by s ??O Yoa- V-OJ -v-.> C-k k? -r?'"s , 9 6 0 8 2 9 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No.199401973 August 22, 1996 BUCKHORN RESERVOIR WILSON, NORTH CAROLINA SECTION 404 PUBLIC NOTICE NOTICE OF AVAILABILITY OF FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) THE CITY OF WILSON, Post Office Box 10, Wilson, North Carolina 27894- 0010, has applied for a Department of the Army (DA) Section 404 of the Clean Water Act permit TO PLACE FILL MATERIAL IN WATERS OF THE UNITED STATES IN ORDER TO EXPAND THE EXISTING BUCKHORN RESERVOIR, in Wilson County, NORTH CAROLINA. DESCRIPTION OF WORK The City of Wilson proposes to place fill material to construct a dam across Contentnea Creek approximately 700 feet downstream of the existing Buckhorn Reservoir, increasing its surface area from 740 acres to 2,303 acres (Figures 1 and 2). The proposed reservoir would have a normal pool level of 148.0 MSL and would impound approximately 6.7 billion gallons. It would have a 50-year safe yield of 29.0 million gallons per day (mgd) after adjustment for siltation, evaporation, reserve storage and a three-tiered minimum downstream release beginning at 4.9 mgd. The proposed reservoir would function as a Class II reservoir in accordance with State reservoir classifications (15A NCAC 18C.0100) and would discharge downstream along Contentnea Creek to the Wiggins Mill Reservoir in the same manner as the existing Buckhorn Reservoir. The Contentnea Creek watershed above the proposed reservoir is predominantly rural and agricultural land with two point sources of pollution. There are no major discharges of industrial wastewater, and water quality throughout the watershed is good. The existing Buckhorn Reservoir is currently classified as WS-V nutrient sensitive waters, which are protected as water supplies which are generally upstream of and draining to Class WS-IV waters (Wiggins Mill Reservoir) (15A NCAC 2B.0200). The major tributary streams to the proposed reservoir are currently Class C waters. The proposed water supply reservoir will be similar in characteristics and quality to the existing Buckhorn Reservoir and is considered the highest quality water supply available for the City of Wilson service area. FINAL ENVIRONMENTAL IMPACT STATEMENT The Final Environmental Impact Statement for the Buckhorn Reservoir Expansion for the City of Wilson North Carolina dated August 1996, is available for public review and comment in accordance with the National Environmental Policy Act of 1969. The FEIS was filed with EPA and appears in the Federal Register on August 30, 1996. Copies of the FEIS may be obtained by contacting the District Office (see Points of Contact below). In addition, copies of the FEIS have been sent to the following local libraries: Wilson County Public Library Hackney Library, Barton College Learning Resource Center, Wilson County Technical Institute N.C. Collection, Wilson Library, UNC-Chapel Hill N.C. Department of Environment, Health and Natural Resources Library Randall Library, UNC-Wilmington State Library of North Carolina Joyner Library, East Carolina University The FEIS has been prepared in accordance with the Council on Environmental Quality regulations (40 CFR 1500-1508), the U.S. Army Corps of Engineers' regulations for implementing the National Environmental Policy Act of 1969 (33 CFR 230), as amended and the U.S. Army Corps of Engineers' Regulatory Program regulations (33 CFR Part 325, Appendix B). The FEIS contains no designation of an alternative preferred by the U.S. Army Corps of Engineers (USAGE). The FEIS identifies and evaluates fourteen alternatives to the proposed project. All of the alternatives except one, Alternative A (Figure 3), were eliminated from detailed evaluation because of serious deficiencies. COORDINATION The proposed action has been coordinated with representatives of the North Carolina Wildlife Resources Commission, North Carolina Department of Environment, Health, and Natural Resources, Divisions of Marine Fisheries and Coastal Management, US Environmental Protection Agency, US Fish and Wildlife Service, and National Marine Fisheries Service. This public notice has been mailed to interested Federal, State, and local agencies, and the concerned public for review and comment. PROPOSED PROJECT IMPACTS The proposed project would impact a total area of 3,248 acres, including land for dam and spillway construction, land for the normal reservoir pool (excluding the existing 740-acre Buckhorn Reservoir), a minimum 50-foot buffer around the reservoir, and lands within the reservoir acquisition limits which extend to an elevation of 159 feet MSL. Of -this total, 1,563 acres would be inundated. All current project area land uses would be converted to municipal raw water storage uses. Approximately 258 acres of agricultural land in Wilson County, including 110 acres that would be inundated, would be converted to other uses for the proposed project, and 1,096 acres of undeveloped forest land would be inundated. The proposed reservoir would not inundate any residential subdivisions. Construction of the proposed project would displace the residents of five households, whose residences would be acquired and demolished or relocated. A major effect of the proposed reservoir project would be the elimination of approximately8 miles of perennial streams. The effect of the proposed dam and reservoir on downstream flow in Contentnea Creek would be to further moderate extreme flows and augment low flows. Total streamf low downstream of the dam would be reduced slightly because of additional evaporation from the expanded reservoir. Total stream depletions would also increase as water consumption for the City of Wilson service area increases. The proposed project would result in the clearing and inundation of approximately 1,563 acres of plant communities and wildlife habitat within the proposed normal pool, increasing reservoir open waters from the existing 740 acres to 2,303 acres Construction and operation of the proposed reservoir would impact (primarily through inundation) approximately 1,309 acres of the total 2,424 acres of wetlands delineated within the project study area. This includes 948 acres of hardwood forest wetland, 350 acres of shrub-scrub wetland, 6 acres of pine forest wetland, and 5 acres of old field/pasture wetland. The loss of project area wetlands would also affect wildlife habitat. ENDANGERED SPECIES The dwarf wedge mussel is the only Federally-listed endangered or :threatened species known to permanently inhabit the area to be affected by the proposed reservoir. The proposed normal pool (148 feet elevation) of the expanded Buckhorn Reservoir would inundate the lower 3.78 stream-miles of Turkey Creek and the lower 2.45 stream- miles of Moccasin Creek. This would impact 3.58 stream-miles of the 12.27 stream-miles of documented dwarf wedge mussel range on Turkey Creek and 1.07 stream-miles of the 7.30 stream-miles of documented dwarf wedge mussel range on Moccasin Creek. In accordance with the Endangered Species Act of 1973, as amended (PL 93-205), the U.S. Fish and Wildlife Service has determined that the proposed action will not jeopardize the continued existence of the dwarf wedge mussel (Alasmidonta heterodon), a Federally protected species which occurs in the watershed. The bald eagle, Federally-listed as endangered, has been documented at the existing Buckhorn Reservoir, but is not a permanent resident of the project study area. The proposed reservoir expansion would provide more shoreline and open water habitat that could be utilized by this endangered species. No other Federally-listed endangered or threatened plant or animal species is known to occur in the project study area. PROPOSED MITIGATION BY THE APPLICANT A mitigation plan has been proposed by the City of Wilson to compensate for the wetland losses and dwarf wedge mussel impacts that would result from the proposed project. The plan proposes , 3,233 acres of wetlands preservation and enhancement, 900 acres of adjacent uplands preservation, and restoration of 600 acres of bottomland hardwood forest wetlands as follows: 1. Preservation and enhancement of 1,175 acres of wetlands and preservation of 608 acres of uplands within the City's project acquisition area around the reservoir. 2. Preservation and enhancement of 388 acres of wetlands and preservation of 135 acres of uplands within a 400-foot wide riparian corridor along the upstream part of Turkey Creek from the 159-foot elevation acquisition area to Murrays Millpond which is just upstream of the N.C. 231 bridge, and within a 200-foot wide riparian corridor on all tributaries to Turkey Creek within the corridor. 3. Preservation and enhancement of an additional 1,252 acres of wetlands and preservation of an additional 49 acres of uplands adjacent to the Turkey Creek riparian corridor. 4. Preservation and enhancement of 276 acres of wetlands and preservation of 105 acres of uplands within a 400-foot wide riparian corridor along Moccasin Creek from the 159-foot elevation acquisition area to Taylors Millpond which is just upstream of the SR 1723/1120 bridge, and within a 200-foot wide riparian corridor on all tributaries to Moccasin Creek within the corridor. 5. Preservation and enhancement of an additional 142 acres of wetlands and preservation of an additional 3 acres of uplands adjacent to the Moccasin Creek riparian corridor. 6. Restoration of 600 acres of former wetlands to bottomland hardwood wetlands. Additional mitigation measures proposed by the City specifically for the dwarf wedge mussel include the following: 1. Dwarf wedge mussels located in the section of Turkey Creek to be inundated will be recovered and relocated to an upstream site containing known dwarf wedge mussel habitat. Federal candidate and State-listed endangered or threatened mussel species would also be relocated to a suitable upstream location. 2. Monitoring stations will be established within the riparian corridors created by this plan and surveyed annually to develop a long-term record of dwarf wedge mussel status. 3. In cooperation with USGS, the City will-establish a water quality monitoring program upstream of the reservoir. 4. A baseline survey to map active beaver colonies within the riparian corridors will be conducted. Population control measures will be undertaken where beaver dams threaten known dwarf wedge mussel habitat. Yearly monitoring will be conducted and subsequent control measures will be taken as warranted based on communications with NCWRC and USFWS. Also in response to the project's dwarf wedge mussel impacts and agency concerns, the North Carolina Department of Environment, Health, and Natural Resources has proposed a draft State plan entitled "Proposed Protection Plan for the Dwarf Wedge Mussel in Turkey and Moccasin Creeks." In addition to the City's plan, the elements of the State plan include: I . An agricultural cost-share program. 2. A North Carolina Department of Transportation stormwater management program. 3. A forestry best management practices component. 4. A critical habitat/high quality waters designation. HISTORIC RESOURCES Based on survey information, there are no structures eligible for inclusion in the National Register of Historic Places in the area to be impacted by the project. None of the archaeological sites identified in a 1990 archaeological survey report is considered to be eligible for the National Register of Historic Places. Reports of test excavations were submitted for review to the N.C. Division of Archives and History. The Division concurred with the findings of the reports and recommended no additional archaeological excavations. PUBLIC HEARING This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. PERMIT DECISION The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The decision on the Department of the Army Section 404 permit application will be made with full consideration of the public interest and after the comment period on the Final Environmental Impact Statement (FEIS). OTHER REQUIRED AUTHORIZATIONS The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the. North Carolina Division of Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as required by PL 92-500. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, Attention: Mr. John Dorney. CORPS USE OF PUBLIC COMMENTS The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments will be used to determine the adequacy and accuracy of the FEIS pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the overall public interest of the proposed activity. Comments on the FEIS and on the proposed project will be received until September 30, 1996 and should be provided in writing to the District Office. POINTS OF CONTACT Mr. Bill Adams, Environmental Resources Branch, telephone (910) 251-4748, is in charge of the preparation of the EIS. Mr. David Franklin, Regulatory Branch, telephone (910) 251-4952 is the Project Manager for the overall Federal regulatory process under which this project is being considered. For further information concerning this proposed project, please contact either Mr. Adams or Mr. Franklin, by telephone or write to U.S. Army Corps of Engineers, Post Office Box 1890, Wilmington, NC 28402-1890. Attachments - - ??, j;:• -,?? ; i toil`-?, l ''• '11- ?? _i,"' y,?,: -? 71 c t l= 0 0 ? ' % v > ' ?z e N D n - MWN x Z U O ZC1 C??`? ?; ?$ r - f o 1 -17 s (Z) Al !E c I-A w?' )(?!) l ;f 1,\??? 10. ??~?•f !L ?((/\'Yp q?j? /°I?,>}?\ ?'?' l PROPOSED RESERVOIR DRAFT WRONNENTAL wpACT STATEMENT FIGURE 1 BUCIMM RESUMR EXPANSION SCALE I°= 3000' aTr of YMLSON N w tr V • ? -u ------------ -.. -?. -N o -N O -1 1 W O Q n. La x + x( lam' < 1 ? J? F O Mo A CL b ?N° Z a °w `_ b a J O C3- Of a- 4 ? 0 4 0 0 0 0 e 4 .- ?g .p A s n 8 C + N c r 8 n p W .N V Q .. O-• U ? u ?._o\\ N N a d 5. 1 'o O p? ? O c Z N N rn s -1?? ' of 1 •( ' 1 ?,\ /. rr ! . (mil ? ?- v?;l. ? `' \?, • ` ?-? ? l y/ 0 IV > r a? ,?y? N ti C` / - f v J IQ L % ;or ALTERNATIVE A 97E RESERVOIR FIGURE 3 DRAFT ENVIRONMENTAL IMPACT STATEMENT 9UOmORN •TESERVOIR EXPANSION SCALE r x 3000' CITY OF yALSON t, Y:, ?t na e •fu-`5 ??, a '1 '.Y F Z `• ? F'r !- : ? ^-? J ??h ??t ??. , k ,,Division of Water Quality Water Quality. Section RANDUM RECENEO MEMO ' AFIT Jo. Michelle Suverkrubbe EMiRONMEN?a? ?s From: John Domey Subject: Buckhorn Reservoir expansion Final EIS Review Wilson County I have reviewed the FEIS as well as our earlier review of this project. As you are aware DWQ staff have been actively involved in investigating'the wetland mitigation for this reservoir. As stated in the FEIS, DWQ staff under the auspices of the newly established Wetland Restoration Program are willing to undertake the responsibility of conducting wetland mitigation for this project if EHNR Administration are willing to agree to this responsibility within the budget provided. ' DWQ staff also agree that the City of Wilson should be able to identify 600 acres of riparian (e.g., bottomland hardwood forest) wetland restoration (notably in the Nahunta Swamp watershed) and will work with the City and the Corps of Engineers to review mitigation plans and monitoring reports. Our only remaining water quality related concern is that of the release of water from that dam. The City should take measures with the new release structure to ensure that water with low levels of dissolved oxygen are not-released from the dam. The release structure should be designed to maintain dissolved oxygen downstream and avoid hypolimnetic release. The city will need to address this issue td'DWQ before the Water Quality Certification can be issued. Please call me at 7334786 if you have any questions. cc: Preston Howard, DWQ jeve Tedder, DWQ__ I`' v ?- Dave I?enatt, hM 401 Certification File - C ms's U? .00 14 - Environmental Sciences Branch Water Quality Section d s' 0 beeves lower.. Based on the impracticability of local PC restoration, the City contacted. DEHNR for assistance in identifying an acceptable alternative wetlands restoration approach that could be combined with wetlands preservation to produce an acceptable mitigation plan. ,DEHNR identified the possibility of the ' City providing funding to a DEHNR wetlands restoration program. Following several conferences between the City, DEHNR, and EPA representatives, DEHNR and EPA approved a mitigation plan that included 4,133 acres of preservation consisting of the acquisition area around the reservoir and lands along Turkey and Moccasin Creeks, and a $1.5 million payment to DEHNR for wetlands i. restoration. The Wilmington District identified certain concerns and EPA withdrew its approval pending resolution of those concerns. The concerns were resolved by the City's addition of enhancement measures and modification of the boundary line around the area to be preserved. DEHNR Etas committed to using all of the funds for restoration work and not for administrative costs `associated with such work. The USACE requested and DEHNR provided specific detailed information regarding how the proposed $1.5 million payment would be used to restore wetlands to compensate for the wetland impacts associated with the proposed ?. Buckhorn Project. During final preparation of the FEIS, DEHNR officials, based on,concerns about the uncertainty of costs for land acquisition and grading, withdrew DEHNR's commitment. A meeting and follow-up contacts between the City of Wilson, DEHNR officials and USAC resol?t? ut DEHNR'sconcerns. The City of Wilson is still ho EHNR participation in the mitigation plan for the proposed project will prove to be viable. However, to `avoid further delay in starting this water supply project, the City of Wilson is committed to the restoration of 600 acres of former wetlands to bottomland hardwood wetlands, regardless of the exact nature of DEHNR participation in the effoM, The restoration will be completed at locations and in a manner acceptable to USAGE. -A more detailed mitigation plan will be developed by the City prior to issuance of the USACE permit. Y Based `on the' impracticability of PC restoration in the Contentnea Creek subbasin additional field investigations were made of potential restoration sites it e'Neuse River Basin. As a result of these investigations, several suitable sites were?identified. Therefore, the City believes that suitable restoration sites can lie identified in the Neuse River Basin and restored to bottomland hardwood wetlands at a`reasonable cost. y -The mitigation plan provides extensive"wetlands and uplands buffer }V preservation and enhancement and wetlands restoration funding as follows: d (1)`" 'preservation and enhancement of 1,175 acres of wetlands' and-preservation of 608 acres of uplands within the City's project acquisition area around the xr,_ reservoir; PAGE 5-33 ?:.i