20061270 Ver 1_401 Application_20060806

CITY QF CLINTON
r.o. Box 199
CLW1'ON, NORTH CAROLINA 28329-0199
www.Cityofclintonnc.us Office of Ciry Manager
[phone]
August 1, 2006
Mr. Keith Harris
U S Army Corps of Engineers
Wilmington Regional Field Office
69 Darlington Avenue
Wilmington, NC 28402
Dear Mr. Harris:
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Please find enclosed the City of Clinton's application package for an After the Fact Permit under
Nationwide Permit No. 39. The After the Fact Permit is for the piping of 163 linear feet of Cattail
Branch in Clinton, North Carolina. The application package is the result of a Notification of
Unauthorized Activity/Permit Non-Compliance issued by Ms. Lillette Granade, USACE on December
19, 2005 and subsequent meetings with Ms.Granade and Mr. Ken Averitte, NCDENR, DWQ. It is our
understanding that Ms. Granade is no longer with the USACE, so I am sending this package to you for
your review and consideration.
During our discussions with Ms. Granade and Mr. Averitte, we discussed possible alternatives for
complying with all state and federal requirements. One of the alternatives that we discussed was
simply removing the 163 linear feet of pipe and restoring the stream channel to its previous condition
(vertical walls with sheet piling). However due to the fact that this alternative cost twice as much as
the original pipe installation and the residents of this area constantly complain about the open ditch
running through their front and back yards, the City Council has requested City staff to seek
permission to mitigate the pipe installation in a manner that will meet the requirements of the USACE
and NCDENR and improve the appearance of the city.
Therefore, we are proposing to mitigate the impact of piping 163 linear feet of stream by returning 455
linear feet of stream to a natural stream design. This mitigation project will occur 180 feet upstream
from the piped section. The mitigation project will stabilize the stream bank, increase the stream's
ability to handle large rain events, and improve water quality. In addition, this mitigation will serve as
a pilot project for future stream restoration projects along the Cattail Branch. We believe this is a win-
win situation for the City of Clinton and the regulatory agencies.

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I would like to thank you in advance for your consideration in this matter. If you have any questions
or need any additional information, please feel free to contact me at [phone].
Sincer ,
John F. onnet
City Manager
Encl.
cc: NCDENR (7 copies)

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APPLICATION PACKAGE
FoRRFTER-THE-FACT PERMIT
u~vDER NATIONWIDE PERMIT N0.39
USACE/NCDWQ
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Cattail Branch Project
Butler Drive and Johnson Street
Clinton, North Carolit-a
EI Project No. ENM0~6Qb89
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Prepared for:
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Mr: John Connet
P. O. Box 199
Clinton, North Carolina
July 2006
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INTRODUCTION
This application package is being submitted for anafter-the-fact permit under Nationwide
Permit 39 for a construction project involving the channeling of a 163-foot portion of
Cattail Branch, in Clinton, Sampson County, North Carolina. This application package is
being submitted to meet the requirements of the US Army Corps of Engineers (USAGE),
Wilmington Office, and the North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ, Fayetteville Regional Office. The request
is for anafter-the-fact permit due to the City of Clinton's oversight to apply for
authorization prior to installing the 163-foot pipe which is the subject of the permit
application.
This application refers to five sections (or reaches) of Cattail Branch as follows;
Stream Approximate
Reach Desi nation Status Location Len th ft
PROJECT Piped Immediately southeast of the driveway 163
of 401 Butler Drive
DOWNSTREAM Piped Immediately northwest of the driveway 300
of 401 Butler Drive
UPSTREAM Open Immediately southeast of the Project 180
Reach, ending at culvert for Johnson
Street over Cattail Branch
MITIGATION 1 Open Southeast of the Fisher Road culvert 135
over Cattail Branch
MITIGATION 2 Open Between the culvert of Johnson Street 320
and Fisher Road over Cattail Branch
The reach designations are graphically indicated on the Site Map, Figure 2 in Attachment
6.
BACKGROUND
The City of Clinton initiated construction projects in 1999 through 2005 to address the
severe erosion of the stream bank and stabilization structures employed for Cattail
Branch in the vicinity of Butler Drive and Johnson Street intersection in Clinton, North
Carolina. The City installed pipe in the Downstream reach, a portion of the creek
beginning with the driveway crossing of 401 Butler Drive to approximately 300 feet
northwest, in 1999. Based on discussions with Lillette Granade, Physical Scientist for the
US Army Corps of Engineers in Wilmington, NC, the installation of this portion of pipe
was conducted prior the finalization of the Nationwide Permit 39 and would be exempt
from the requirement for the a permit.
In 2005, the property owners and the City were attempting to address the Project,
Upstream and Mitigation 1 and 2 Reaches. The Project reach is the subject of this
application. This section of creek includes approximately 163' of the stream located
southeast from the south face of the driveway culvert for 401 Butler Drive. The stream
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USACE Permit Application
Cattail Branch Project -Butler Drive and Johnson Street
Clinton, North Carolina
banks of the creek had been historically stabilized using sand bags, steel piling, concrete
walls and natural rock wall. Over time the soil behind the existing retaining structures
was eroding and causing collapse and degradation of the stream and potential for further
structural collapse. As a first step, the City conducted a stream evaluation which
indicated the stream would be characterized as a degraded urban stream with low water
quality (See North Carolina Stream Characterization Report and NDDWQ Stream
Identification Form, Attachment 2).
The City conducted an analysis to determine the most cost effective and technologically
reasonable method to remedy the bank stabilization issues for the upstream portions of
the creek that include the Project Reach (discussed above) as well as the approximate
180-feet immediately upstream of the Project Reach and approximately 450 feet to the
southwest of Johnson Street, also upstream and referred to as Mitigation Reach 1 and 2.
The City's analysis determined that Upstream Reach and the Project Reach presented
particular challenges to natural stream design and/or grading and stabilization with riprap
or vegetated buffer due to several reasons. The Project reach is situated on a parcel
located between a private property and the road right-of--way for Butler Drive. Along
Butler Drive are aged pine trees that stabilize the road right of way and present a limit to
grading in the right-of--way. Therefore, the only direction in which to provide grade relief
would be in the direction of the private landowner. The impact of this widening would
be a severe intrusion into the parcel and the landowner saw this as potentially negatively
impacting his property value. Therefore, the City was left with opportunity to only
consider the potential remedies that would involve stabilizing the existing vertical bank
configuration of the stream.
The Upstream Reach extends approximately 180 feet southeast of the Project Reach to
culvert for Johnson Street. This reach also exhibited degradation of the banks, however,
the south bank exhibited a steep grade and the adjacent parcel was vegetated with large
trees and shrubs which would stabilize that section. The north bank however would
require some stabilization but did not exhibit the level degradation as was seen
downstream. In addition the proximity of Butler Drive to the existing north bank
presented severe restriction of space for any grading for rip/rap, gabion, vegetation or
other desirable stabilization methods.
The Mitigation Reach 1 and 2 portions of the creek located southeast of Johnson Street
along Fisher Drive exhibited significant erosion and degradation of the stabilization
structures; however, this reach of stream provided more opportunity for use of non-
structural stream bank stabilization and natural stream design enhancement. In addition,
the abutting property is owned either by the city or is more accessible for a conservation
easement.
The remedy analysis results indicated that the City would need to expend approximately
$200,000 of public funds to install appropriate stabilization to the Project Reach given the
limited methods available (see Attachment 3 for the City's financial evaluation for
remedies discussed above). The stream evaluation also concluded that the maintenance of
ENMO 06 0689
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USACE Permit Application
Cattail Branch Project -Butler Drive and Johnson Street
Clinton, North Carolina
the stream bed in this configuration would not improve the downstream water quality
appreciably. The City evaluated the Upstream Reach and determined that stabilization in
that portion was not an imminent need. The evaluation of Mitigation Reach 1 and 2
indicated that stabilization remedy could be instituted in that section that would be more
beneficial to the stream and water quality while also addressing the City's need to address
stormwater management issues.
The City concluded that the better use of public funds would be to provide stream and
water quality enhancement in a more accessible and larger area of the stream, rather than
to stabilize the Project Reach. Therefore, the City decided the most reasonable method
for stabilization of the Project Reach would be the least expensive, lowest maintenance
alternative which was installation of the pipe. The City installed the pipe in March, 2005,
and mistakenly overlooked the need to apply for authorization to install the pipe from
USACE and DWQ. This oversight resulted in a Notice of Unauthorized Activity issued
by the USACE in December, 2005.
As a result, the City is now requesting anafter-the-fact approval for the installation of the
pipe under authorization of Nationwide Permit 39 to include offsetting mitigation of the
Mitigation Reach 1 and 2 using a natural stream design enhancement plan. This
application presents a 3:1 mitigation plan ratio of stream enhancement. The Mitigation
Plan is described in detail in Attachment 5.
The enclosed application package included the following information:
Attachment 1 USACE/DWQ Pre Construction Notification Form
Attachment 2 Stream Characterization Report and North Carolina DWQ
Stream Identification Form
Attachment 3 Stream Bank Stabilization Remedy Financial Analysis
Attachment 4 Site Photographs
Attachment 5 Mitigation Plan and Cost Estimate
Attachment 6 Figures
Fig l: Project Location Map
Fig 2: Site Map
Fig 3: Project Drawing
Fig 4: Soils and Topographic Map
Fig 5: Flood Map
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ATTACHMENT 1
USACE and NCDWQ
Pre Construction Notification (PCN) Form
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Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. %' n ~} ~ 1 2 7 0
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project: -
' X Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^

4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
' and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information D ~~ ~t ~ ~r
1. Owner/Applicant Information AUG ~ 9 "LOU6
Name: City of Clinton
Mailing Address: 227 Lisbon Street , r„ DENR - TERM ~R H
-ANB S?4Fi611N~
Clinton NC 28328

' Telephone Number: 919-592-1961 Fax Number: 910-590-3127
E-mail Address: jconnet(a~~yofclintonnc
us
.
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Veronica Hanzel
Company Affiliation: EI, Inc.
' Mailing Address: 2101 Gateway Centre, Suite 200
Morrisville. NC 27560

Telephone Number: 919-657-7500 x256 Fax Number: 919-657-7551
' E-mail Address: rhanzel(a~eil.com
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:- Butler Drive -Cattail Branch Project
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN):
4. Location
County: Sampson Nearest Town: Clinton, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 0' 16.27" °N 78°19' 38.05" °W
6. Property size (acres): 0.084 (represents the project area disturbed)
7. Name of nearest receiving body of water: Cattail Branch to Mill Branch
8. River Basin: Cane Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a portion of Cattail Branch stretching 163 feet
along Butler Drive immediately southeast of the driveway for 401 Butler Drive. The land
use in the area is residential and the property immediately adjacent to the stretch of stream is
used as lawn for 401 Butler Drive (south side) and right-of--way for Butler Drive (north side
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a a low ualit urban stream accordin to NC Stream
The creek is cateaorized s a v ~
Categorization Worksheet.
10. Describe the overall project in detail, lncluding the type of equipment to be used:-
, The project entail installation of a headwall using concrete bagging and 163' of steel, 102"
pipe with stormwater drop inlets for the stretch of creek located immediately southeast of the
driveway crossing for 401 Butler Drive. See Fl~ure 1, Attachment 6 -Protect Site Map
11. Explain the purpose of the proposed work: The purpose of the project is to remedy bank
t stabilization concerns due to the severe erosion over recent years occurring behind existing
bank stabilization structures along the subject stretch of stream.
' IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
' certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No previous project history. The site is the subject of a Notification of
Unauthorized Activity issued by USACE in December, 2005.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future projects anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
' permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
i Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
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wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 163' of a perennial channel will be
permanently impacted by installation of pipe
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flppdin~_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
None

Total Wetland Impact (acres) -0-
3. List the total acreage (estimated) of all existing wetlands on the property: -0-
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included- Tp calculate acreage- mnltinly lenuth X width then rlivirle by d~ Sin
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
1 Cattail Branch culvert Perennial 23' 160' 0.084

Total Stream Impact (by length and acreage) 163 0.084
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation. dred~ins7. floodin~_ drainace_ bulkheads- etc_
Open Water Impact
Site Number Name of Waterbody
tf a licable
(~ ) u
Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay, Area of

Im act

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(indicate on ma) ocean, etc.) (acres)
None
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.084
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.084
Total Stream Impact (linear feet): 163
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts are necessary in order to permanently remedy the stabilization of the stream banks in
the subject stream stretch. An analysis of stabilization options indicated that the installation of
bank stabilization techniques would be either too costly or were technically infeasible given the
significant impact to personal property not owned by the city. It should be noted that the
location of the stream in proximity to surrounding trees, road and property ownership, limited the
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accommodate ri ra or ve etated buffers as a viable
potential for g_radmg of the banks to p p g
remedy. Therefore the analysis include only the available stabilization techniques for vertical
bank stabilization. Impacts to the free flow of the stream are being minimized by installation of
a conveyance of sufficient size to not impede water flow given the current_ stream conveyance
capability. See Attachment 3 for detail information on the stabilization methods analyzed for
the proiect.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
' USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
' necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http : //h2o. enr.state. nc.us/ncwetlands/strmgide. html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See Attachment 5 -Mitigation Plan. It should be noted that the Citesprovide
mitigation to approximately 450' of stream located upstream from the subject project. The
decision to include this level of mitigation is based on the need to stabilize the stream banks
for this portion of the stream as well as to provide water management improvement and
water quality enhancement to the degraded stream. This stretch provides the most accessible
and reasonable mitigation location in proximity to the subject stream. stretch. In addition, the
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improvements to this portion of the stream were determined to be a more cost effective use of
public funds for overall water flow management and water quality improvement.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 160 ~ ~-~+ -~
Amount of buffer mitigation requested (square feet): ~ ~ ~ ~ r ~
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
' Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No X
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No X
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2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(s ware feet) Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
One section of a paved driveway will be replaced, consistin o~pproximate 20' X 20' area.
This area equates to approximately 13% of total impacted acreage.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the project
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes X No ^
Is this an after-the-fact permit application? Yes X No ^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No X
Updated 11/1/2005
Page 8 of 9

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If es lease submit a ualitative or uantitative cumulative im act anal sis in accordance with
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the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project is not anticipated to impact water quality downstream based on the current condition
of the subject stream as a degraded urban stream. In addition, this section of impact will actually
connect to a pipe that was previously installed immediately downstream from the subject stream
stretch.
t XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

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Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9

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ATTACHMENT 2
Stream Characterization Report
and
NCDWQ Stream Identification Form
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PERMIT APPLICATION FOR CATTAIL BRANCH, CLINTON, NC
Summary of Biological, Historical, and Archeological Investigations
Vegetative Community
The following is a list of species that was found on the banks and directly
adjacent to the banks both up and downstream of the culverted portion of Cattail
Branch.
• Loblolly Pine
• Fescue
• Water Oak
• Willow Oak
• Muscadine Vine
• Southern Magnolia
• Flowering Dogwood
' English Ivy
• Red Mulberry
Jurisdictional Topics: Waters of the United States
Surface waters and jurisdictional wetlands fall under the broad category of
Waters of the United States, as defined in Title §33 of the Code of Federal
Regulations (CFR) Section 328.3. Wetlands, defined in §33 CFR 328.3, are
those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted to life in saturated
conditions. Any action that proposes to place fill into these areas falls under the
jurisdiction of the USACE under Section 404 of the Clean Water Act (33 U.S.C.
1344) and the NCDWQ through Section 401 of the Clean Water Act which
requires a Water Quality Certification.
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Potential wetland communities were investigated pursuant to the Corps of
Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). The
manual outlines a three-parameter approach. Hydric soils, hydrophytic
vegetation, and certain specific hydrologic characteristics must all be present for
an area to be considered a wetland. No wetlands were found within the project
study area.
One surface water, Cattail Branch, is located within the project study area.
Cattail Branch is the stream in question that has been culverted. A North
Carolina Division of Water Quality -Stream Identification Form (Version 3.1) was
completed on Cattail Branch. The Stream Identification Form yielded a score of
_ 37.5 points, which indicates that the stream is perennial (> 30 points). The
Stream Identification Form is included as an attachment. Cattail Branch is in
USGS HUC 03030006090060 and NCDENR sub-basin 03-06-19. It has a
designated NCDENR surface water classification of C: SW.

Cattail Branch is a channelized stream that has incised and begun expanding its
belt width by eroding its channel banks to move laterally from its current
straightened form. Many hardening structures have been placed on both the left
and right banks of the channel to try and thwart channel degradation. These
structures include, concrete lined banks, concrete bag retaining walls, rip-rap,
'' and yard waste. There is deep rooting vegetation within the riparian buffer off of
the right bank. The left bank represents the left edge of the valley where the toe
of slope of the historic floodplain meets the upslope of a bluff. The left bank with
the exception of where the 150' of culvert has been placed is forested.

Threatened and Endangered Species
Some populations of flora and fauna have been in, or are in, the process of
decline either due to natural forces or their inability to coexist with human
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1973, as amended) requires that any action likely to adversely affect a species

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classified as federally protected be subject to review by the USFWS. Other
species may receive additional protection under separate state laws.
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected
under the provisions of Section 7 and Section 9 of the Endangered Species Act
of 1973, as amended. As of February 2003, the USFWS lists four federally
protected species for Sampson County (Table 1). A brief description of the
characteristics and habitat requirements for these species along with a
conclusion regarding potential project impacts follows.
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FEDERALLY PROTECTED SPECIES FOR JOHNSTON COUNTY
TABLE 1
SCIENTIFIGNAME COMMON NAME'" STATUS.
- -- _ -
Alligator
mississippiensis American alligator T (S/A)*
Picoides borealis Red-cockaded woodpecker E
Schwalbea Americana American chaffseed E
Lindera melissifolia Pondberry E*
"E" -Endangered - A taxon "in danger of extinction throughout au or a significant portion of its
range."
"*" -Threatened due to similarity of appearance. No biological conclusion required.
Picoides borealis (red-cockaded woodpecker) Endangered
Family: Picidae
~~ Date Listed: October 13, 1970
The red-cockaded woodpecker (RCW) is a mostly black and white bird with a
barred back and wings and a large white cheek patch. Compared to other
woodpeckers, RCWs are mid-sized (about eight inches long) and superficially
resemble several other species, such as hairy (Picoides villosus) and downy

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(Picoides pubescens) woodpeckers. The RCW male's small red spot behind his
' eye inspired the name "cockaded". Otherwise, these birds are nondescript in
appearance, and their habits tend to make them less conspicuous than other
woodpeckers. RCWs establish colonies that include adult and nearly mature
birds in addition to the primary breeding pair.
The s ecies' most notable characteristic is its dependency on old live pine trees,
P
' which the birds excavate in a unique manner. Cavity excavation in live pines
may take a number of years. The birds typically build nests in pine trees at least
' 30 years of age with 10-inch or greater dbh, and prefer those with heart rot.
Numerous cavities may be started in potential colony sites, and some may be
' abandoned before completion. Abandoned cavities may be reoccupied at a later
date if not overtaken by some other inhabitant in the meantime. Occupied trees
f are pecked around the cavity entrance to exude sap, which runs down the tree's
bole, creating a distinctively noticeable "candle" effect (USFWS, 2003b).
While pure pine stands are required for nesting, RCWs will use mixed forests,
' woodlands, or savannas for foraging. Fifty percent or more of the dominant trees
must be pines 30 years of age or older.
BIOLOGICAL CONCLUSION: NO EFFECT
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Ground surveys for RCW habitat within the project study area were conducted.
There are no stands of old growth pines (preferred nesting habitat) within ahalf-
mile of the project study area. The mixed pine and hardwood forests within the
project study area are too young or contain too few pines to be preferred foraging
habitat.
Schwalbea americans (American chaffseed) Endangered
Family: Scrophulariaceae
Federally Listed: October 1991
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' Flowers Present: late Ma -earl June
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' This s ecies is known historical) from Alabama Connecticut Delaware
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' Kentucky, Maryland, Massachusetts, New York, Tennessee, and Virginia in
which it has been extirpated. The only confirmed North Carolina population is on
' Fort Bragg military base in Hoke County.
' The American chaffseed is an erect herb whose stems branch only at the base (if
at all) and grow to a height of 3-8 dm. The entire plant is pubescent, with
' upwardly curving hairs. The narrow leaves are alternate, .lance-shaped to elliptic,
stalkless, and 2 to 5 centimeters long. The leaves are three veined and become
' progressively smaller towards the top. It bears solitary flowers in the axils of the
upper most leaves. The purplish-yellow flowers are arranged into racemes. The
fruits are a long narrow capsule, enclosed in aloose-fitting sack-like structure.
This species occurs in open, moist pine flatwoods, fire maintained savannas,
ecotonal areas between peat wetlands and open grass-sedge systems. Soils are
' generally sandy, acidic, and seasonally moist to dry. Fire is important in the
maintenance of open habitat for the American chaffseed.
BIOLOGICAL CONCLUSION: NO EFFECT
No moist pine flatwoods, fire maintained savannas, or ecotonal areas between
peat wetlands and open grass-sedge systems are found within the project area.
' Lindera melissifolia (pondberry) Endangered
Plant Family: Lauraceae
' Federally Listed: July 31, 1986
Flowers Present: March -early April
' Distribution in N.C.: Bladen, Cumberland, Sampson.

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The pondberry is currently known from 19 populations in the southeastern United
' States. North Carolina is home to only one known population; this population
occurs on private land in Bladen County.
Pondber is a deciduous aromatic shrub that has a distinct sassafras-like odor.
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It grows approximately 2 meters tall and spreads through stolons. Leaves in the
pondberry are six to sixteen centimeters long and two to six centimeters wide,
arranged alternately, have rounded bases, and droop downward. It has small
pale yellow flowers that appear in early spring before the leaves. The fruit which
' matures in August or September is a bright red drupe.
' This plant grows in lowland habitats with hydric soils. These sites are generally
flooded at some time during the growing season. It is associated with the
' margins of sinks, ponds, and other like depressions. The soils present are sandy
with high peat content in the subsurface. Areas inhabited by this species show
signs of past fire maintenance and now have shrubby conditions. The plants
generally grow in shady areas but may also be found in areas that receive full
' sunlight.

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BIOLOGICAL CONCLUSION: NO EFFECT
No lowland habitats with sinks, ponds, or other depressions are present within
the project study area. The soils are sandy but do not contain peat in the
subsurface.
Cultural Resources
Ko & Associates is awaiting a letter from the NCSHPO on its determination of
findings for the site. Ko will provide EI, Inc. with the letter as soon as it has been
received.
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North Carolina ©'rvision of Water Quality -Stream Identification Form; Version 3.1
Date: ~~~~~~
Evaluator: ~,,,~5,~;-~
Total Points: , ~j
Sfi~am is at least Intermittent
!f Z 98 or erennial if'z 30
Project: ~~ f D1~x.Gf{
Site:~~4-'~.11~ Cv l v~~
County: ~ ~ ~! ~ h
Latitude:: -- ~~,~° pp~ )~ 7y
Longitude. C?7`~ia i!9 ! 3Z35t
other .. tt '1-
e.g. quad (Jame:C~ler-~/~ f Nof~
A. Geomor ttofo (Subtotal = Absent Weak Moderate Strong
1~. Continuous bed and bank 0 1 Z 3
2. Sinuosity 0 ` 2 3
3. In-channel structure: riffle-pool sequence 0 1 1 3
4. Soil texture or stream substrate sorting 0 1 ' 3
5. Activelrelic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 3
7. Braided channel _
1 ~ 2 3
8. F2ecent alluvial deposits
~ 0 1 2
_
9 g Natural levees 0 i
_ t 2 3

10. Headcuts
0
1
2 ~
11. Grade controls 0 } 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13, Second or greater order channel on existing
USES or NRGS map or other documented
evidence.
No = 0 ~ _ _
Yes = 3
-Man-made ditches are not rated; see discussions in manual
B. Hvrirninnv tSuhtntal = ~. ~ 1
14. Groundwater flow/discharge ; 0 1 ~ 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or rowin season ~ 0 1 2

16. Leaflitter !
1.5
1
0.5 ______
0 ,
17. Sediment on plants or debris 0 _
_
_ ~ 0.5 ~ 1 1.5
18.Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes =1.5
C. Biology (Subtotal = I 1
20 . Fibrous roots in channel 2 1 0
21 . Rooted plants in channel 2 1 0
22. Crayfish 0,5 1 1.5
23. Bivalves
_.~_.__ 0 1 2 ____~ ~_
24. Fsh 0 .S 1 1.5
25. Amphibians 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae;. periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5
29 b. Wetland plants in streambed ~ FAG = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
hems zu and zi locus on the presence of upland plants, Rem z9 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes; (use back side of this form for additional notes.}

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ATTACHMENT 3
City of Clinton
Streambank Stabilization Remedy
Financial Analysis

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Analysis of Options for Management of Stream Bank Issue
Cattail Branch, City of Clinton
Method Bank Stabilization Sheet Pile Gabion
excavation, grading 15,000 25,000
Sheet pile 92,000
pile driving 55,000
gabion baskets fabrication 60,000
riprap w/grading
Planting/beutification 3,000 3,000
Administrative aspects
permit 2,500 2,500
conservation easement 3,000 3,000
Total 170.500 93,500
Pipe installation excavation, headwall, construction 29,000
Fabricated pipe and peripherals 38,000
Seeding 300
Administrative aspects
permit 2,500
69,800

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ATTACHMENT 4
Site Photographs

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Cattail Branch Project, Clinton, North Carolina
ENMO060689
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Cattail Branch Project, Clinton, North Carolina
ENM0060689
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Upstream reach from Johnston Street
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Open stream at end of Downstream Reach

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Upstream reach at end of Project reach
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Upstream reach at end of Project reach
Upstream reach at end of Project reach
Culvert at end of Downstream Reach

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Cattail Branch Project, Clinton, North Carolina
ENMO060689