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
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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
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() 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,
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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
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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
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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
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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
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4A 76 w9lonadk7law'.."w"':
e:w
ts iteax' re
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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
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PROPOSED RESERVOIR DRAFT WRONNENTAL wpACT STATEMENT
FIGURE 1 BUCIMM RESUMR EXPANSION
SCALE I°= 3000'
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ALTERNATIVE A 97E RESERVOIR
FIGURE 3 DRAFT ENVIRONMENTAL IMPACT STATEMENT
9UOmORN •TESERVOIR EXPANSION
SCALE r x 3000'
CITY OF yALSON
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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?
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14 -
Environmental Sciences Branch Water Quality Section
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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
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