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HomeMy WebLinkAboutUpperSouthHominyCloseoutReport_20170701Upper South Hominy Stream and Wetland Restoration Project Buncombe County, NC DMS Project No. 92632 USACE Action ID# SAW-2011-00076 DWR 401 # 11-0118 Design -Bid -Build Project CLOSEOUT REPORT: STREAM AND WETLAND Proiect Setting & Classifications Site Meeting Coordinates: 35A77817, - 82.750126 County Buncombe General Location 5.5 miles southwest of Candler NC Basin French Broad River Physiographic Region Blue Rid a Mountains Ecoregion Southern Crystalline Ridges and Mountains USGS Hydro Unit 1 06010105060020 NCDWQ Sub -basin 04-03-02 Wetland Classification Riparian Nonriverine Thermal Regime Cold Trout Water Yes Pro ect Performers Source Agency NCDMS Provider NC Wildlife Resources Commission Designer Monitorin Firm iom Envi ental 2014 Repairs NCW-dd Re Resources Commission 2015 Repairs Confluence / Wildlands EnstinCenniz Invasive Species Treatment Carolina Silvics Approved for Transfer to Stewardship Yes Stewards NCDEQ Stewardship Pro Q11rall Project Aetivities and Timeline Milestone Mouth -Year Project Instituted Dec2007 Restoration Plan Dec 2010 Permitted Apr 2011 Construction Complete Oct 2011 Planting Feb 2012 As-built/Baseline (Year 0) Feb 2012 Year 1 Monitoring (2012) Nov 2012 Year 2 Monitoring (2013) Nov 2013 d Sep 2014 Year 3 Monitoring (2014) Nov 2014 ppai Year 4 Monitoring (2015) Sep 2015 Nov 2015 Year 5 Monitoring (20 16) Nov 2016 Invasive Species Treatment 2012 through 2017 Close Out Submission July 2017 Page 1 of 32 Note — Momtonng Year Dates reflect mo/yr of data completion Watershed Planning Summary The Upper South Hominy Creek restoration project is located within HUC 06010105060020, the South Hominy Creek watershed, which is listed as a Targeted Local Watershed (TLW) in the 2009 French Broad River Basin Restoration Priorities (RBRP) plan. The project is also located within the South Hominy Local Watershed Plan (LWP). The Upper South Hominy Creek restoration project is currently the only DMS project in the TLW and LWP and encompasses 7.1 square miles of drainage area at the downstream end of the project. The project is on the main stem and several tributaries of South Hominy Creek, which is classified by the North Carolina Division of Water Resources (DWR) as Class C Trout waters. The South Hominy Creek watershed was selected for a LWP based on previous 303(d) listing of South Hominy Creek (it has since been delisted), degradation of aquatic habitat, and recommendations of local resource professionals. The 2006 LWP found that major stressors to streams in the watershed are channelization, excess sedimentation from unpaved roads and driveways, stream bank erosion and eroding uplands, localized nutrient and fecal coliform bacteria pollution, and lack of adequate riparian vegetation. The 2009 RBRP indicates that 79% of land within the South Hominy Creek watershed is in forested/wedand use, with its steep slopes mostly forested. Its broad valleys are a patchwork of agricultural (mostly hay and cattle pasture) and residential land. However, the watershed is located just west of Asheville; thus, it is likely to experience an increase in development. The watershed was targeted as a TLW in order protect aquatic resources from encroachment by future development. Major goals for HUC 06010105 established in the 2009 RBRP include focusing stream restoration efforts in the South Hominy Creek LWP area to reduce sources of sediment and nutrients by restoring riparian buffer vegetation, stabilizing banks, excluding livestock, and restoring natural geomorphology. The 2009 RBRP also encourages partnerships between land trusts and resource agencies to improve management of stormwater runoff, control both storm water volume and pollutants, and promote low impact development techniques to lessen impacts of new development. The goals of the Upper South Hominy Creek project are consistent with DMS watershed planning goals. The project improves aquatic and terrestrial habitat through agricultural BMPs, such as livestock exclusion, and the establishment of riparian buffers. Improved riparian buffers also intercept and mitigate storm water runoff, which improves water quality by reducing sediment and nutrient inputs. Lastly, the project preserves and enhances several functional stream reaches, wetlands, and habitat within the project boundaries through a perpetual conservation easement. Project -Setting and Background Summary The Upper South Hominy Creek stream and wetland mitigation project was constructed in 2011 by the North Carolina Wildlife Resources Commission (NCWRC) and DMS. The project included establishment of a permanent conservation easement, and restoration and enhancement work on the main stem of South Hominy Creek and three unnamed tributaries (UTs) to South Hominy Creek, in western Buncombe County. Adjacent riparian wetlands were also enhanced and preserved as part of the project. Historic land use in the immediate vicinity of the project site has consisted of residential homes and low intensity agricultural operations primarily consisting of livestock grazing and hay production. Stream channels within the project area were being accessed by livestock, or impacted by agricultural crops, resulting in water quality issues, and disturbances to the channel banks and wetland areas. An adjacent development in the immediate project area drainage was built during project design and has contributed to runoff in the middle section of the project. Additional land use practices included removal of large woody riparian vegetation and mechanized dredging and straightening of stream channels to increase the amount of usable land. These activities contributed to degraded and unstable stream banks along with compromised water quality due to lack of vegetated buffers, soil erosion, and animal waste. Construction approaches were assigned with the intent to minimize disturbance to the stream channels and riparian buffers and focus on those reaches that would benefit most from the appropriate level of site work. Areas with stable channel conditions and desirable riparian vegetation were placed into preservation. Other reaches were treated with restoration and enhancement level I and II site work to improve stream functions and terrestrial habitats that Page 2 of 32 were compromised under the existing site conditions. Restoration site work on South Hominy Creek was assigned to the reaches where dimension, pattern, and profile modifications were necessary to correct areas of instability including incision, eroding banks, and over -widened and homogenous channel segments. Two contracted repairs have been necessary since initial project construction. As -Built and Year 1 (2011 and 2012) monitoring data collected by the NCWRC indicated two problem areas associated with bar formation, bank scour and structure instability on the main stem. A significant flood event in November 2011 was identified as the likely cause of the problems. In addition, major flood events in the summer of 2013 caused severe damage to a section measuring approximately 100 linear feet along the middle section of the overall project, just upstream of a small privately owned farm road bridge. Subsequent storm events worsened the situation. The two repairs are summarized as follows: 1) Bridge Area repair in late summer 2014 just upstream from small private bridge along Connie Davis Drive, Station 11+50 to 13+00; the work has successfully stabilized areas of erosion and scour via a. Installation of block stone revetment along left bank adjacent to bridge; b. Regrading and boulder toe revetment along 551.f on right bank; c. Repair of breached right arm of an existing rock J-hook vane; d. Installation of 701.f, root wad revetment and footer logs. 2) Upper Main Stem in fall of 2015 repair to address areas of bed scour, bank erosion and bed aggradation as well as damage to in -stream structures along Stations 0+00 to 3+00 and 5+00 to 6+50, via a. Rock vane repair and modifications -repair, rebuild and protect existing vane structures; b. Boulder adjustments — strategic boulder salvaging and replacement as toe protection and to facilitate in -stream flows; c. Bank grading, sloping and brush mattress installation; and d. Buffer improvements and transplanting. Both repairs have been successful and have withstood major storm events since their installation Finally, The Upper South Hominy project funded significant livestock best management practices for 3 out of 4 of the landowners, including 3 wells, 6 watering tanks with all connections and pad materials, and 6500 linear feet of exclusion fencing. MonitorW2 Phase Problem Area discussion The MY5 survey was completed in the fall of 2016. Dimension, pattern, and profile parameters surveyed in MY5 suggest the restoration, enhancement level II, and enhancement level I sections of SHC are performing as designed but with some variation] from design values. Small deviations were found in bankfull width at one riffle cross-section (XS1O). Bankfull width at this cross-section has been below the design value in all five monitoring surveys following construction. However, problem areas or instability were not observed at cross-section 10. Several areas of aggradation and degradation were observed during the MY2 survey, often associated with the surveyed cross -sections. Cross-section 9 had reduction in mean depth, maximum depth (1.7 ft), and cross -sectional area (14,9 ft2) due to si ficant pool a adation, However, these areas appear to have stabilized, as no significant change was captured in the MY3-MY5 surveys. Although many dimensional values either increased or decreased in MY2 due to the 5 May 2013 flood event, most dimensional parameters measured at the 10 mainstem cross -sections were within the design values for SHC during MY3-MY5. Pattern values derived from the MY5 survey reveal that the mainstem reaches of SHC are largely within the design values for this morphological parameter. Channel profile values derived from the MY5 survey reveal slight changes in channel slope compared with MYO-MY4 channel slope values. The mainstem 1 reach channel slope returned to 0,012 ft/ft, the same slope value as MY2. This is a slight increase from MYO-MY1 when the slope was 0.011 ft/ft, but a slight decrease from MY3-MY4 when the slope was 0.013 ft/ft. The mainstem 2 reach slope returned to 0,008 ft/ft the same value as MYO-MY1 and MY3. During MY2 and MY4, the channel slope was 0.009 ft/ft. The mainstem 3 reach remained 0.007 ft/ft during MY5. It was 0.006 ft/ft during MYO-MY3. Riffle slope measurements varied from the Page 3 of 32 design values in each of the three mainstem reaches. However, the mean riffle slope for each of the mainstem reaches approximated the design mean riffle slope. The majority of all other profile values were within the design ranges for the features measured. Reach -wide substrate particle size analysis revealed that the MY5 D50 value was within the very coarse gravel category. The median particle size at each of the 6 riffle cross -sections fell within the coarse to very coarse gravel categories during the MYS survey. Problem Area 4, observed on Mainstem 2, sta. 9+20 to 9+50, resulted from a large amount of bed material forming a mid -channel bar below a J-hook stream structure during the 2011 flood event. This material was shifted to the right bank during the 2013 flood event forming an inner berm or lateral bar. The constructed pool below the J-hook was functioning as a riffle during the MY5 survey, although a small pool has reformed on the downstream end of the newly formed riffle creating some high quality and diverse habitat. Additionally, approximately 130 linear feet of right bank scour (Sta. 3+45 to 3+70 and 5+05 to 6+10, Problem Areas 11 and 12) was observed in this reach. The MY5 visual assessment survey found the majority of the 2,820 f3 of mainstem channel banks (95%), channel bed (99%), and engineered stream structures (100%) were performing adequately. Metrics that scored lower resulted from bed scour or aggradation and sections of bank erosion. Goals and Objectives (from 2010 Restoration Plan) GOALS • Improve water quality in SHC and unnamed tributaries (UT1-3); • Stabilize on -site streams so they transport watershed flows and sediment loads in equilibrium; • Promote floodwater attenuation and all secondary functions associated with more frequent and extensive floodwater contact times; • Improve in -stream habitat by improving the diversity of bedform features; • Protect riparian communities, habitats, and wetlands and enhance floodplain community structure; and • Enable improved livestock practices which will result in reduced fecal, nutrient, and sediment loads to project channels. OBJECTIVES • Restoration of the pattern, profile, and dimension of 1,077 linear feet of the main stem of SHC; • Restoration of the pattern, profile, and dimension of the channel for approximately 779 linear feet of unnamed tributaries to SHC on the Bianculli, Roberson/Bura, and Davis properties; • Restoration of profile and dimension (Enhancement 1) of the channel for approximately 500 linear feet of SHC along the Davis property; • Limited channel work combined with livestock exclusion and invasive species control (Enhancement II) on 2,363 linear feet along SHC and unnamed tributaries; • Livestock exclusion fencing and other best management practice installations on the Bianculli, Roberson, and Davis properties; • Invasive plant species control measures across the entire project wherever necessary; • Preservation of 1,085 linear feet of relatively unimpacted forested streams by placing them in a conservation easement for perpetuity; and • Preservation or enhancement of approximately 1.35 acres of wetlands across the project site. Page 4 of 32 Success Criteria (from 2010 Restoration Planl Success Criterion Measured Parameter Criteria Met Streams • Stream channels stable 14 permanent cross -sections (9 riffle and Yes —Site streams are • Majority of stream 5 pool); riffle pebble counts; profiling of stable and the majority of measurements remain 2800 I.f main stem and 6001.f.1JTs; and stream measurements are within range of design numerous permanent photo points within the range of design values values Yes - Success criteria were Vegetation • Minimum of 260 10 vegetation plots measured using the met in year 5 with an stems/acre in year 5. Y CVS Level H protocol average of 522 planted stems/acre (excluding livestakes Yes — Success criteria were Hydrology met throughout the • Documentation of two Crest gauge and photo documentation of monitoring period with a bankfull channel events bankfull events total of 4 documented bankfull events occurring in 4 monitoring ears. Wetland Hydrology NA 5 permanent photo points NA Page 5 of 32 Upper South Hominy Mitigation Site Project Components `o c `o ti D 0 'a0+ c f= c_ O G m R C= N @p ,� p O O= c0 N C O C 11.0 O m Project Segment or Stream �° d « m m N .12 Reach ID w ¢ a Q Bianculli South Hominy Cr. 600 R P3 630 0+00 to 6+30 1 630 Bianculli South Hominy Cr. 169 Ell 167 6+30 to 7+97 2.5 67 Bianculli Trib North (UT1) 100 P 94 0+00 to 0+94 5 19 Bianculli Trib North (UT1) 138 R P1 183 1+00 to 2+83 1 183 Bianculli Trib South (UT2) 44 R P1 45 6+54 to 6+99 1 45 Bianculli Trib South (UT2) 654 Ell 654 0+00 to 6+54 2.5 262 Bura/Roberson South 477 R P3 518 1+00to2+25;7+25to10+00; 1 518 Hominy Cr 11+68 to 12+86 Bura/Roberson South 775 Ell 768 0+00 to 1+00; 2+25 to 7+25; 2.5 291* Hominy Cr 10+00to 11+68 Roberson Abandoned Ch UT2 170 R Pi 191 0+00 to 1+91 1 191 Davis South Hominy Cr 500 El 522 0+00 to 5+22 1.5 1 348 Davis South Hominy Cr 227 Ell 215 5+22 to 7+37 2.5 86 Davis UT3 upper 775 P 777 1 0+00 to 7+77 5 155 Davis UT3 middle 538 Ell 538 7+77 to 13+15 2.5 215 Davis UT3 lower 426 R P1 427 13+15 to 17+42 1 427 Davis Springs (north) 144 P 144 0+00 to 1+44 5 29 Davis Spring (south) 72 P 78 0+00 to 0+78 5 16 Stream Totals 5,809 5,951 3,497.4 Approach Conservation WETLANDC — Davis Spring 0.01 Pres. 0.01 easement, livestock 5 0.002 (South) exclusion Surface hydrology improvement, invasive WETLAND D— Roberson 0.69 Enh. 0.69 vegetation treatment, 2 0.34 South Hominy Cr planting and livestock exclusion WETLAND E — Roberson 0.02 Pres. 0.02 Conservation easement 5 0.004 Abandoned Ch UT2 Conservation WETLANDS G/H/I/J/K— 0.20 Pres. 0.20 easement, invasive 5 0.04 Bianculli Trib South (UT2) vegetation treatment Surface hydrology WETLAND L— Bianculli Trib 0.44 Enh. 0.44 improvement, invasive 2 0.22 North (UT3) vegetation treatment Wetland Totals 1.34 1.34 1 0.59 *Note — 80 linear feet entered at half credit to account for a 20 foot wide power line easement at an angular crossing Restoration Level Streams (linear feet) Riparian Wetland (acres) Riverine Non-Riverine Restoration 1994 — - Enhancement (Level 1) S22 Enhancement (Level il) 2342 Enhancement -- 1.11 Preservation 1093 0.23 Asset Category Overall Credits Stream 3481.4 Riparian Riverine Wetland 0.590 Page 6 of 32 e h• eye A AILL-------- 0 V A cn aiF ay iF SA o m a v w❑ o g yy� g e m�3p m�X @ z m Z0 m o z m"'Z m E5 s� ! ii�;M ■"Ow 10 Ln 76 0 cn 5r 35 6 m co IF CD b m 5t p C 9 X ca 0 m . 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IIIA�A�� �IIIIII ��0�0�� 9p �IIII IM��I�� IISlIIlI 9 II�I�I IIIIII II�IIA�I I��1lIlI111�1�1 9 9 INI II�I� ��II�� 9���1 Il�IA��! 9 9 Igllll 9 ���AAl� II�I�I MIIII II�I�II �I�I oIN amens i��A��' a nn IIRIIIII 9 9RIAA� 911�1�1 AIM 9������ I�lI��I II�I�I ■I� IDI�INI II�I�I� �I m Verification of Bankfull Events Date of Data Collectlon Date of Occurrence Method Photo Number if avallable 5 Dec 2011 28 Nov 2011 Wrack line observation Photo 1-3 6 May 2013 5 May 2013 Wrack line observation Photo 4-6 28 October 2014 14 October 2014 Wrack line observation Photo 7 14 October 2015 3 October 2015 Wrack line observation Photo 8 Photo 1 bankfull event on SHC, sta. 6+00, Nov 2011 Simple crest gage verification of Photo 4 bankfitll event on SHC, sta. 6+00, May 2013 Page 16 of 31 13 a 3 °'ma��•'c�v„v333^°'R >> aim n3'mo to 3nm R. „a'caDY^d�No3° 5mddm°�c'cya o4 y am `a:an�=i'o dn010- >> N 3 �m a s!s°�n l 2ro Tx11 mdmx�A �' °'m3mD=�m4'o u su p w �a F�"YRB rpRmm r',Ap3 �3 �p Fug � p Q ap22on� T � m � MNii-i -1 l� 11 -i -1WW titi-i-171 m9 c Qcc! ro m m T T T ro T T== R R T T ro C R ro C R a m ro ro C d R C C RR ro ro N » yp 4 N 1 C? A A AY wwNW w NIn lw+ JmmN N J . -. W i� V Y W N NAA AN w W Nlnw NNw JIvNN —. NNJNY Y Nw Ypp LW I w rr N Mu O w A AlV l w w N Y l° W C l N V M O N V N w W wN w N AA Ul A D InOw Ul p Y W W I!1 w InNw V1 W IAN�NJ Y l0 W O1 w N w Nwp V! N Y p NNJNw N N N M wN Y N W N W N W Y W M IWII i �� Q A D !+N W AAw NM W wOMUIN V NwO M JN MN W N N 7 V p NN EE: V l A A w Y N W A A Y Ill W w Fw+ W Q 1 N 1- -0 N N J I U w N W N NW 79 O •.. Y w Y Y w 10 v Ifl D ml lDN N W O Y Jmf W V N Y N N N MYmfA N N v W w ul InA A Oo IPN V W W Q Lw+ V °1 W N9] wtllDN N O W W W A lD N V V l 00 O Y J °1 W N w w N N pC N N Y Y °1 A N A N N O 1n A low ul V (,� A V wA ooN wwwplAN p Y G M N JDA OO IDw J11l JI+N NJpI DJ NM A NNOO W W W wmYAN N N N N V A w V N w V M V N 1p °1 N DN Nw A N N N wOI16N � 7 ! § ■ § ) 2 / / E {{ § 2 ! § d § § 2 ¥ § k( in 7 Q £ 2 ! § �k in ¢� § a ! » u ; DMS Recommendation and Conclusion DMS recommends that the Upper South Hominy Site be closed out as proposed to generate 3481.4 Stream Mitigation Units and 0.590 Wetland Mitigation Units. Site reaches are conforming to design criteria established in the 2010 Restoration Plan. Site streams are stable and the majority of stream measurements are within the range of design values. The vegetation survey results indicated an average site density of 522 planted stems per acre (excluding livestakes) surviving in year five. All ten vegetation plots exceeded success criteria for planted stem density during the MY5 survey. Invasive species of concern were treated during project construction (2011) and via follow-up treatments in the early spring of 2012, 2013, 2014, and 2015. In addition, 4 bankfull events were documented throughout the course of the monitoring period with at one event occurring in four separate monitoring years. Contingencies None. Upper South Hominy Pre and Post Construction Photographs Bianculli Property, South HoMia Creek - (Restoration) Photo Station 1 Mid channel bar, sta. 0+50, facing downstream, pre -construction. Cross vane, sta. 0+50, facing downstream, 14 August 2011. 30 September2008. Channel blockage, sta.2+50, 30 September2008. REPAIR downstream, pre -construction, AIR Upper South 1-tanitty mitigation Site 20 DMS Project 92632 MY'; Rclrort - Final - January 2017 Photo Station 3 Right bank erosion, sta. 5+50, pre -construction, 30 September 2008. 1-hook, sta. 5+00, facing downstream, 5 December 201 I. REPAIR Bianculli Property, Tributary North, UT - ('Preservation) Photo Station 5 UTI facing downstream, adjacent to small barn, 28 July 2009. 2016. Uppar Soath Hominy Mitigation Site21 DMS Projcel 92632 MY5 Report -- Final - January 2017 LIT facing downstream, adjacent to small barn, 24 April Bianculli Property, Tributary North, UT — (Restoration) Photo Station 6 Bianculli Property, Tributary South, UT2 — (Restoration) Photo Station 8 UT2 routed from original channel to a road ditch, pre -construction, UT2 re -connected under Canterfield Lane to abandoned sta. 0+00 to 0+50, 5 December 2011. sta. 0+00 to 0+50, 15 September 2016. Upper South Hootuty Mitigation Site 22 DMS Pmject 92632 M S'S Rcporl Final-- January 2017 Roberson Property, Tributary South Abandoned Channel. UT2 — (Restoration) Photo Station 9 Abandoned UT2 channel east of Canterfield Lane, 26 April 2010. September 2011. UT2 restored portion, east of Canterfield Lane, 5 Bura Property Left Bank Roberson Property Right Bank South Hominy Creek_ - (Restoration) Photo Station 11 Livestock access right bank, sta. 1+00 to 1+50, facing downstream. 22 January 2009. I Upper South Hominy Mitigation Snc 23 DMS Project 9202 M.Y5 Report - Final - January 201'/ Mid channel aggradation, sta. 1+50 to 2+50, facing downstream. Log vane at sta. 1+50 to 2+50, facing downstream, 5 December 2011. Bura Left Bank, Roberson Rieht Bank, South Hominy Creek — (Enhancement 11) Photo Station 13 Typical features along channel in enhancement 11 reach, facing downstream, 22 January 2009. UInxr South 1{rnnuty N iti6mtion site 24 ❑MS Project 92632 Nits Rc7xM - Fine - January 2017 Fence and invasive removal, bank sloping, sta. 5+00, downstream, 22 September 2011. Photo Station 15 Bed aggradation and transverse bar, sta. 9+50 to 10+00, September 2011. facing downstream, 22 January 2009. Photo Station 17 Driveway bridge at lower end of Bura/Roberson properties, 15 Sept 2016 POST REPAIR tipper South Hominy Mitigation Site 25 1AIS Project 92632 NIY5 Report - Huai - January 2017 Bank sloping and J-hook, sta. 9+25 to 10+00, 22 J-hook sta. 12+75, lower end of Bura/Roberson properties, 22 September 2011. Davis Property, South Hominy Creek — (Enhancement I) Photo Station 19 In -stream structures proposed to enhance habitat features, sta. 2+00 Photo Station 20 Log vane, root wads, and bank s downstream, 7 December 2011, downstream, 15 Sept 2016. Lower end of Enhancement I, sta. 3+50 to 4+50, facing downstream. Log vane, root wads, and bank shaping, sta. 4+50, facing 25 July 2008. upstream, 19 October 2011. upstream 1 ] September 2016. Upper South Homitty Mitiption Site 26 DMS Project 9163^- nTY5 Report - Final - January 2017 Davis Property, Unnamed Tributary, UT3 Lower— (Restoration) Photo Station 25 UM below ford, severe entrenchment and head cutting, 25 July 2008. downstream, sta. 0+00, 15 September 2016. Uplxr South Hominy Mitigation Site 27 DMS Proja t 92632 MY5 Report - Final - January 2017 U73 below ford, Priority I channel restoration, facing downstream, sta. 0+00, 15 November 2011. Appendix A: Property Ownership Information & Verification of Protection Mechanism The site protection instrument for this mitigation project includes the following document(s), available at the specified County Register of Deeds office, and is linked to the property portfolio at: http://ncdenr.s3.amazonaws.com/s3fs- ublic Miti ation%20Services Document%20Mana ement%20Libra Pro ertPro a %20Portfolio 92632 UpperSou thHominyCreek PD 2010.pdf Project Name County Grantor Name Recordation Info Property Rights Upper South HominyBuncombe Susanne Johanna Loar(now Joseph Bianculli wife, Molly) DB 4692, P 917 (2 CE's) Conservation Conservation Creek IUDver South Hon in Buncombe Lorri Anne Bura and husband, Richard IShienoff DB 4684, P1642 Conservation Easement Creek LIDDer South Homin Buncombe James H. Roberson DB 4671, P 1970 Conservation Easement A Creek FUpper South Hominy Buncombe _ _Elizabeth ulia A. Davis sold to (Brian K. England & E. England) DB 4657, P 316 Conservation ? Easement Creek _ Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. APPENDIX B: Permits and Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2011-00076 County: Buncombe USGS Quad: Aquadale GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Owner/Applicant: North Carolina Wildlife Resources Commission Attn: Shannon L. Deaton Address: 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone No.: (919) 707-0222 Authorized Agent: North Carolina Wildlife Resources Commission Attn: Mr. Scott Loftis Address: 20830 Great Smoky Mountain Expressway Waynesville NC 28786 Telephone No.: (828) 452-0422 Size and location of property (waterbody, road name/number, town, etc.): The project (Upper South Hominy Stream MItigation Site) is located west of Pisgah Highway (NC 151), approximately 5.5 miles southwest of Candler, in Buncombe County, North Carolina. Site Coordinates: 35.4807 °N-82.7482 °W Waterway: South Hominy Creek River Basin: French Broad Description of project area and activity: This permit authorizes stream channel excavation and relocation, the placement of fill material, and the installation of in -stream structures (including cotr fiber rolls, log and rock vanes, root wads, brush mattresses, vegetated geolifts, etc.) associated with a stream restoration project. Impacts to waters of the U.S. authorized by this permit total 4,718 linear feet of stream channel and 0.002 acre of wetlands. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. 1t is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permince of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Todd Tugwell at telephone (919) 846-2564. Corps Regulatory Official: Date: April 5, 2011 Expiration Date of Nationwide Permit Verification: March 18, 2012 Page 1 of 3 Summary of Authorized Impacts and Reouired MitiLyation NWP / GP #nOpenater ac Wetland ac Unim ortant Steam 1 Im ortant Stream 1Permanent Tem ora Permanent Tem ora Permanent Tem ora Permanent 27 0 0 0.002 0 0 4718 0 Im act Totals 0 0 0.002 0 0 4,718 0 Total Loss of Waters of the U.S. ac 0.002 Total Loss of Waters of the U.S. I 0 Required Wetland Mitigation ac 0 Required Stream Miti anon 1 0 Additional Remarks and/or Special Permit Conditions: The following special conditions apply: 1. This Nationwide Permit verification does not imply approval of the suitability of this property for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during the permit review process for that project. 2. In -stream work on South Hominy Creek must be avoided from October 15 to April 15 when trout should be spawning. Work on tributaries should be avoided during the time as well, though may be acceptable (preferably early in the moratorium period) provided it is accomplished in the dry. 3. In -water excavation shall be conducted in dry work areas whenever practical by using sandbags or other temporary diversion structures. Copy Furnished: NCEEP - Mr. Guy Pearce (electronic copy) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htt ://re gulato .usacesurve .com/ to complete the survey online. Page 2 of 3 Determination of Jurisdiction ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determination: South Hominy Creek is a tributary to the French Broad River, which is tributary to a navigable waterway and the Atlantic Ocean. Appeals Information (This information applies only to approved jurisdictional determinations.): Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Todd Tugwell, Special Projects Manager Regulatory Division Office 69 Darlington Avenue Wilmington, NC 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: April 5, 2011 Expiration Date of Jurisdictional Determination: April 5, 2016 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Page 3 of 3 WILMINGTON DISTRICT POST -CONSTRUCTION COMPLIANCE FORM Action ID Number: SAW-2011-00076 County: Buncombe Permittee: North Carolina Wildlife Resources Commission Attn: Shannon L. Deaton Date Permit Issued: April 5, 2011 Project Manager: Todd Tugwell Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address of the Regulatory Field Office indicated below: ® Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 ❑ Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 ❑ Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 ❑ Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Tsomides, Harry From: Loftis, C. Scott Sent: Wednesday, February 23, 2011 10:24 AM To: Kulz, Eric: Xu, Lin; Tsomides, Harry; Ferguson, Jeff C; Barnett, Kevin Cc: Deaton, Shannon L.; Mcmillan, Ian; Dennison, Laurie; Strickland, Bev Subject: RE: Upper South Hominy Mitigation Site - Buncombe Co. (#11-0118) Eric, Thank you for your comments. The WRC looks forward to implementing the on -the -ground phase of the project. Scott Loftis North Carolina Wildlife Resources Commission Watershed Enhancement Coordinator 20830 Great Smoky Mtn. Exp. Waynesville, NC 28786 828-452-6191 ext. 26 828-506-8950 (mobile) Get NC Wildlife Update — news including season dates, bag limits, legislative updates and more -- delivered to your inbox from the N.C. Wildlife Resources Commission. From: Kulz, Eric Sent: Wednesday, February 23, 2011 9:49 AM To: Xu, Lin Cc: Loftis, C. Scott; Deaton, Shannon L.; Mcmillan, Ian; Dennison, Laurie; Strickland, Bev Subject: Upper South Hominy Mitigation Site - Buncombe Co. (#11-0118) Lin: DWQ has reviewed the PCN and Restoration plan for the above -referenced project. The site appears to be a good candidate for a mitigation site, and we are pleased to see the increased use of enhancement techniques over more intensive restoration where appropriate. The plan was well -prepared and very detailed and seemed to carefully consider site conditions and data collected to select a mitigation approach for each reach. The project is deemed issued. Please note that approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. Please give me a call if you have any questions regarding this project. Eric 0 V aztn W an d Z r3ii Om O m. 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Additional Data Uppu Suuth lfuaany hlitip,:tOW Stec 31 DNIS P,vicct 92632 Iv[Y5R�pe on—Fmd—Jmmury?Ul o Lsx 0 m Lsx A X \ O _ r N ` m �\ I o� m \ \ m O g am sm 3W= i � \ m jil m � � r z z r ova SOUTH HOMINY CREEK MITIGATION Nom CraW.Wwom%P— a.. c.m'a..l.. a EmymmE*wnwm Aogr.m zna c.alwl anv., saw 1R �oS Rom. Nc neoi EEP PROJECT NO. 92632 BUNCOMBE COUNTY, NC EMERGENCY REPAIR PLAN Vhd—b.d &h.w.-ka—p 2088o Gwm S—y mou EWnemvey w.ym"I8, None cram, saiae Ph awra .� ' Fu: o7G.7157218 PROPOSED PROPOSED EMERGENCY REPAIRS z.e+ei Ph— e2a..sEa 2a 6191 ROBERSONBURRA SECTION ISTA li-M-,2-00) E.x: 828452. wxx.mri.Fk,dB v nm � z� o� oti rn 0 z `m - 1 O 0 fn .