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HomeMy WebLinkAbout20110821 Ver 1_Mitigation Closeout Report_20170526LYLE CREEK MITIGATION SITE DMS ID (CRM#94643) FDP CONTRACT #003241 USACE ACTION ID #2010-02102 DWQ 401 #11-0821 CLOSEOUT REPORT: STREAM & WETLAND Project Setting & Classifications Meeting Location Coordinates: 35142'32.14" N 8105'3.53" County Catawba General Location Catawba River Basin: Catawba Ph sio ra hic Region: Piedmont Ecore ion: Northern Inner Piedmont USGS Hydro Unit: 03050101 (submitted for 03050103 extended service area NCDWQ Sub -basin: 03-08-32 Wetland Classification Riparian Thermal Regime: Warm Trout Water: No Project Performers Source Agency: DMS Provider: Wildlands Engineering, Inc. Designer: Wildlands Engineering, Inc. Monitoring Firm Wildlands Engineering, Inc. Channel Remediation RiverWorks Plant remediation RiverWorks Approved for transfer to Stewardship Yes Stewards NCDEQ Project Activities and Timeline Milestone Month -Year Project Instituted July 2010 Permitted November 2011 Construction Completed Aril 2012 Planting Completed April 2012 As -built survey July 2012 Invasive Plant Control August 2012 Monitoring Year 1 Data Collected September — October 2012 Monitoring Year 1 Final Report January 2013 Supplemental Planting December 2012 Invasive Plant Control Aril and October 2013 Monitoring Year 2 Data Collected May -October 2013 Monitoring Year 2 Final Report December 2013 Supplemental Planting Aril 2014 Monitoring Year 3 Data Collected May — June 2014 Monitoring Year 3 Final Report January 2015 Additional CE Posts March — April 2015 Monitoring Year 4 Data Collected May — June 2015 Monitoring Year 4 Final Report March 2016 Invasive Plant Control December 2016 Monitoring Year 5 Data Collected February — November 2016 Monitoring Year 5 Final Report December 2016 Additional CE Posts November — December 2016 Supplemental Planting February 2017 Closeout Submission Aril 2017 DMS Planning Context: The Lyle Creek restoration project is located in within Hydrologic Unit Code (HUC) 03050101140010, the Lyle Creek watershed, which is listed as a Targeted Local Watershed (TLW) in the 2007 Catawba River Basin Restoration Priorities (RBRP) plan. Currently, DMS has one other project (Wike Property) in this TLW. The project restores and protects several unnamed tributaries to Lyle creek, which is classified as a Water Supply Watershed (WSW) by the NC Division of Water Resources (DWR). Lyle Creek is classified as WS-IV, which indicates waters used for drinking, culinary, or food processing purposes, generally located within moderately to highly developed watersheds. The 2007 RBRP indicates that the Lyle Creek watershed contains 24% developed land and 39% agricultural land; 34% of streams are without adequate forested riparian buffers. Goals established in the 2007 RBRP for HUC 03050101 include protection for WSWs and their immediate riparian zones, and improved management of stormwater runoff. The goals of the Lyle Creek project are consistent with DMS watershed planning goals. The project protects WSWs through establishment of conservation easements and restoration of riparian buffers, as well as decreased sediment input. The project also reconnects streams with their floodplains and adjacent riparian wetlands, which attenuates peak streamflows, increases hydrologic transfer, and creates opportunities for storage of surface stormwater runoff. Project Setting and Background Summar The Lyle Creek Mitigation Site is located in the Catawba River Basin (HUC) 03050101140010, which is a North Carolina Department of Environmental Quality North Carolina Division of Mitigation Services (DMS) Targeted Local Watershed and qualifies as a service area for the adjacent Catawba River Basin HUC 03050103. The project stream reaches consist of UT1, UT1A, UT113 (stream restoration) and UT1C and UT1D (stream enhancement level II). The project wetland areas consist of RW1 and RW2 (wetland restoration and creation). Mitigation work within the site included restoring and enhancing 6,795 LF of perennial and intermittent stream channel and restoring and creating 9.5 ac of riparian wetland. The project is located on an active tree farm. Prior to construction activities, the project streams were regularly modified and maintained and therefore lacked bedform diversity, habitat, and riparian buffer. The lack of bedform diversity combined with continued anthropogenic disturbance resulted in degraded aquatic habitat, altered hydrology, and water quality concerns such as lowered dissolved oxygen levels. The primary goals of the project were to provide ecological and water quality enhancements to the Catawba River Basin while creating a functional riparian corridor at the site level, providing wetland habitat and ecological function, and restoring a Piedmont Bottomland Forest as described by Schafale and Weakley (1990). Overall, the project streams, vegetation, and wetlands proposed for credit are stable and functioning as intended. All project streams have met the required success criteria of exhibiting two overbank events in separate monitoring years. The streams within the site are stable and meeting the final MY5 success criteria with the exception of a portion of UT1A. This section along UT1A has aggraded due to a large influx of sediment from upstream, off -site of the project limits. The average stem density of 419 stems/acre is greater than the final MY5 vegetative success criteria of 260 stems/acre. Supplemental plantings in 2012 and 2014 were performed within vegetation plots and surrounding areas that were underperforming and not meeting success criteria. The additional stems resulting in all plots meeting criteria in subsequent monitoring years (Years 4 and 5). Additional plantings that occurred in early 2017 were to replace areas near the easement perimeter that had been scalloped. The 2017 plantings were not factored into Year 5 average stem densities. All the groundwater gages (GWG) within areas proposed for credit have met the hydrologic success criteria (7% hydroperiod within the growing season) approved in the mitigation plan during a majority of post -construction monitoring (at least 3 out of 5 years). In addition, these gages would also meet the 2016 IRT recommended hydroperiods associated with their mapped soil series (Chewacla or Wehadkee) during the majority of post -construction monitoring. There are two gages (GWG 6 and 9) that did not meet hydrologic success criteria during a majority of post - construction monitoring. These gages are located in the wetland areas no longer proposed for mitigation credit, thereby no longer part of the project success criteria. Based on the performance of project components through MY5, credit is not proposed for 394 LF of stream restoration (394 SMU's) along UT1A that has aggraded due to offsite sediment sources. Credit is not proposed for 0.6 acres of wetland creation (0.2 WMU's) in RW1 where groundwater gages (GWG 6 and 9) within the right floodplain of UT1 Reach 1 have not met hydrologic success criteria during the majority of monitoring years. Based on these modifications to proposed credits the project is anticipated to generate 5,571 SMU's and 7.1 WMU's. Goals and Objectives: The following project goals/benefits and objectives were established in the Lyle Creek Mitigation Plan: Goal/Benefit Objectives • Wetland areas disked to increase surface roughness and better capture rainfall which Improve hydrologic to improve connection with the water table for groundwater recharge. connectivity . Adjacent streams stabilized and established with a floodplain elevation to promote hydrologic transfer between wetland and stream. c • A channel with riffle -pool sequences and some rock structures created in the steeper project c7 reaches and a channel with run -pool sequences and woody debris structures created in the v Create appropriate in- low sloped project reaches for macroinvertebrate and fish habitat. o stream habitat . Introduction of wood including brush toe, root wads, and woody 'riffles' along with native a stream bank vegetation substantially increase habitat value. c • Gravel areas added as appropriate to further diversify available habitats. Y r_ 0 a Decrease sediment . Sediment input from eroding stream banks reduced by installing bioengineering and in - input stream structures while creating a stable channel form using geomorphic design principles. Create appropriate • Adjacent buffer areas restored by removing invasive vegetation and planting native terrestrial habitat vegetation. These areas receive more regular and inundating flows. • Riparian wetland areas restore and enhance to provide wetland habitat. • Restored riffle/step-pool sequences on the upper reach of UT1a, where distinct points of re - aeration can occur, allow for oxygen levels to be maintained in the perennial reaches. Small Decrease water log steps on the upstream portion of UT1b and UT1 Reach 1 Upper also provide re -aeration temperature and points. increase dissolved • Creation of deep pool zones lower temperature, helping to maintain dissolved oxygen oxygen concentrations concentrations. Pools form below drops on the steeper project reaches and around areas of woody debris on the low -sloped project reaches. a • Establishment and maintenance of riparian buffers create long-term shading of the channel O-, flow to minimize thermal heating. U v a 0 • Chemical fertilizer and pesticide levels are decreased by filtering runoff from adjacent tree 0. -0 farm operations through restored native buffer zones and wetlands. a, Decrease nutrient and Offsite nutrient input is absorbed onsite by filtering flood flows through restored floodplain Xadverse chemical areas and wetlands, where flood flows can disperse through native vegetation and be W levels captured in vernal pools. • Increased surface water residency time provides contact treatment time and groundwater recharge potential. Decrease sediment . Sediment from offsite sources is captured during bankfull or greater flows by deposition on input restored floodplain areas where native vegetation slow overland flow velocities. Success Criterion: Success Criteria Measured Parameter Criteria Met Stream Dimension: • Riffle/run cross -sections on the Yes restoration reaches should be stable; • Riffle/run cross -sections surveyed however due to sand/silt nature of the along the restoration reaches appear substrate through the project reaches, stable and show little to no change in temporary fluctuations of plus or the bankfull area, maximum depth minus 6 inches are expected. 13 cross sections: ratio, or width -to -depth ratio during • Riffle/run cross -sectional ratios • 7 Riffle/run & 6 pools the monitoring period. (width -to -depth, depth ratio, and bank • Surveyed riffle cross-section height ratio) should fall within the dimensions fell within the parameters parameters defined for channels of defined for channels of the the appropriate Rosgen stream type. appropriate Rosgen stream type. • Changes in the channel that indicate a • UT1A cross -sections (XS9, 10, & 13) movement toward stability or have filled in as a result of enhanced habitat include a decrease aggradation from off -site sources. in the width -to -depth ratio in This portion of UT1A has been meandering channels in meandering removed from proposed credit. channels or an increase in pool depth. Stream Pattern & Profile: Yes • Longitudinal profile data for the The annual surveyed longitudinal stream restoration reaches should profile data for the stream restoration show that the bedform features are reaches illustrates that the bedform remaining stable. The riffles should be features are maintaining lateral and steeper and shallower than the pools, vertical stability. Exceptions include while the pools should be deep with aggradation on UT1A and to a lesser flat water surface slopes. 4,460 linear feet (LF) of longitudinal degree UT1B. • The relative percentage of riffles and profile: • Aggradation from off -site sources has pools should not change significantly . 3,000 LF on UT1 filled in 394 LF of UT1A (Stations from the design parameters. . 615 LF on UT1A 300+36 to 304+30). This section of • Adjustments in length and slope of run . g45 LF on UT1B UT1A has been removed from and glide features are expected and proposed credit. are not considered a sign of instability. •The riffles are remaining steeper and • The longitudinal profiles should show shallower than the pools. that the bank height ratios remain •The longitudinal profiles show that very near to 1.0 for all of the the bank height ratios remain very restoration reaches. near to 1.0 for all of the restoration reaches. Stream Hydrology: 3 crest gages: Yes • At the end of monitoring year five, two . UT1 Reach 1 • Bankfull events were documented on or more bankfull events must occur in . UT1A each reach in at least 3 separate separate years within the restored reaches. . UT1B monitoring years. Yes Wetland Hydrology: • 9 of 11 gages exceeded the required • Free groundwater surface within 12 7% hydrology in at least 3 of 5 inches of the ground surface for 7% of 11 groundwater gages monitoring years. Gages 6 and 9 failed the growing season, which is to meet the success criteria in 3 of 5 measured on consecutive days under monitoring years. The acreage typical precipitation conditions. surrounding Gages 6 and 9 is no longer sought for wetland for credit. Vegetation: Yes • The final vegetative success criteria is • All 35 vegetation plots meet or the survival of 260 planted trees per 35 vegetation plots exceed 260 stems per acre. acre at the end of the five year • The average planted stem density for monitoring period. monitoring year five was 419 stems per acre. Asset Table: Pre- Restored Creditable Wetland Approach Reach ID Position and Construction As -Built Length (LF) Length (LF) Restoration Priority Mitigation Mitigation Notes/Comments Length (LF) or Stationing or Acreage or Acreage Level Ratio Credits Hydro Type Level Acreage (Ac) (Ac) (Ac) Full Channel Restoration, Planted Buffer, Invasive Control, Conservation 100+00- Easement, Creditable length excludes 179 LF in crossings (farm road and UT1 N/A 4,071 3,951 3,951 Restoration Priority 1/2 1:1 3,951 overhead power line) and includes length from station 125+42 to 125+60 141+30 where left bank buffer width ranges from 48.5 ft to 50 ft and the right bank buffer width exceeds 100 ft. Full Channel Restoration, Planted Buffer, Invasive Control, Conservation 300+00- Easement, As -Built stationing, and creditable length ends at the start of the UT1a N/A 1,141 615 221 Restoration Priority 1 1:1 221 anastomosed wetland complex. Creditable length also excludes length from 306+15 station 300+36 to 304+30 which has filled as a result of sedimentation from off -site sources. 201+52- Full Channel Restoration, Planted Buffer, Invasive Control, Conservation UT1b N/A 890 845 845 Restoration Priority 1/2 1:1 845 Easement, As -Built stationing, and creditable length ends at the start of the 209+97 anastomosed wetland complex. in -stream Planted Buffer, Invasive Control, Conservation Easement, Creditable length UT1c N/A 695 400+00 677 677 Enhancement II structures 2.5:1 271 includes length from station 4+48 to 6+11 where left bank buffer width ranges 406+77 grading, from 28.7 ft to 50ft and the right bank buffer width ranges from 65.5 ft to planting 102.6 ft. in -stream UT1d N/A 760 500+00- 707 707 Enhancement II structures, 2.5:1 283 Planted Buffer, Invasive Control, Conservation Easement. 507+07 grading, planting Planting, ripping, excavation/grading, braided channels. Creditable area RW1 RR N/A N/A 5.6 5.6 Restoration grading, 1:1 5.6 excludes stream footprint proposed for credit within wetland area. Area of planting aggradation along UT1a no longer sought out for stream credit is now included as wetland credit. Planting, ripping, excavation/grading, braided channels. Creditable area RW1 RR N/A N/A 1.0 1.0 Creation grading, 3:1 0.3 excludes stream footprint proposed for credit within wetland area. Area of planting aggradation along UT1a no longer sought out for stream credit is now included as wetland credit. RW2 RR N/A N/A 0.8 0.8 Restoration grading, 1:1 0.8 Planting and excavation/grading. Creditable area excludes stream footprint planting within wetland area. Planting and excavation/grading, berm added along stream. Creditable area RW2 RR N/A N/A 1.8 1.2 Creation grading, 3:1 0.4 excludes stream footprint within wetland area and excludes 0.6 AC of wetland planting creation in RW2 where groundwater gages 6 and 9 haven't met success criteria in a majority of monitoring years. Length and Area Summations by Mitigation Category Restoration Level Stream Riparian Wetland (Ac) Riverine Non-Riverine Restoration 5,017 6.4 - Enhancement - - Enhancement I - Enhancement 11 1,384 Creation 2.2 - Overall Assets Summary Asset Category Overall Credits Stream 5,571 RP Wetland 7.1 Figure 1. Asset and Monitoring Features Map Lyle Creek Mitigation Site WILD LANDS DMS Project Number 94643 \& ENGINEERING rk� 0 25o Soo ft Closeout Report I I I Catawba County, NC j Conservation Easement OProject Watershed - Project Streams --_ 4060 �ON WILDLANDS W& ENGINEERING rk� Itc- i 'k r 1 ' 1' ♦,`a', ,� �I III 1 ,�� / • • � ' �� J� _ _ • - �� 11 19 rep O • atawb 1 - _NIP- i • 3U&I* minute topog pbic' ranfle Figure 2. Topographic Map Lyle Creek Mitigation Site DMS Project Number 94643 0 500 1,000 2,000 ft Closeout Report I I I I I Catawba County, NC Figure 3. Soils Map Lyle Creek Mitigation Site WILDLANDS , DMS Project Number 94643 ENGINEERING o 25o Soo ft I t Closeout Report Catawba County, NC Conservation Easement —Project Streams Non Project Streams Severe Aggradation Stream (Credit no longer proposed) � Wetland Restoration Wetland Creation Wetland Creation (Credit no longer proposed) December 2012: Supplemental Planting (1,200 bare root trees)�- �__ r� ® April 2014: Supplemental Planting (200 1-gal container trees) February 2017: Supplemental Planting (58 ball and burlap trees) _r sr , "^-.a•..e_'.�':..:aaY'u"'.�'1i7';1�t?_:.�4 F 1E .�.::...=_1 t �;::. a...,.. . iLa.2Y�L.� t � � �Hf ��►itR sal, E%•� 4 r l f4-1 a �� ENGINEERWILDLANDS k \�/ ING 4 0 250 500 ft I I I 4 T 111 N it it a x } ► _ L: t 1� Figure 4. Remediation Map Lyle Creek Mitigation Site P DMS Project Number 94643 Closeout Report Catawba County, NC Stream Morphology Data: Cross Sections Cross Section 1 Riffle — UT1 Reach 1 Upper 774 773 4 77I 771 770 0 10 20 30 40 s0 60 70 80 Width{ft) +MYo(V2012} .-MYS(10/2012)—MY215�2013j +MY3 15/20141 —MY4 [5120151 MYS(512016)—Bankfull—Fbodpr n Nea Cross Section 4 Pool — UT1 Reach 1 Lower 766 765 — C 764 low Q 7W 761 0 10 20 30 40 50 fiO 70 80 90 Width{tt) �MYO(472012) —MY1(1012012)—MY2(V2013) —MY3(512014) �MY4(572015) �MVI:W:-Q—Bdnklull Cross Section 2 Pool — UT1 Reach 1 Upper 773 772 771 _ 770 s` 769 . 768 767 766 0 10 20 30 40 s0 6D 70 80 90 100 W Idlh Ifl] 7— MYO($12012j �MYl(10/2017) —MY21Y20131 —MY3(512(n4)—MY415/20151 �MY5(572D16)—Bankfull Cross Section 5 Pool — UT1 Reach 1 Lower T65 764 -2 W 762 762 0 10 20 30 40 50 60 7u width(fl] +MYO(472012}—MY1(WI20121 �MY2(5/2013) +MY3(5120141 +MY4(512015) tMYS(572016)—Ba,+k:ull Cross Section 3 Riffle — UT1 Reach 1 Lower 767 766 765 4 S 764 763 ]62 0 10 20 30 40 50 60 Width (t1j —MYoI 2012j —LkAY2 2013]—MY3I572014J +MY4 2015 �MYS 2016—OankPnll —Fkwd . Nea Cross Section 6 Riffle — UT1 Reach 1 Lower i65 i64 — . 163 i62 0 10 20 30 40 50 60 70 80 width M �MYO (472D12j �MY1 (10�i012) MY2 (572o13) +MY3 (572014) �MY4 2015 �MYS 2016—Bankfull —Flood one Area Cross Section 7 Riffle — UT1 Reach 2 Cross Section 8 Pool — UT1 Reach 2 Cross Section 9 Riffle — UT1A (Not Proposed for Credit) 762 762 768 761 76D v s 759 759 757 761 76D - - 767 .g 765 764 Ira s` 759 $, 7% - 0{ 0 10 21 30 40 50 EO 70 Width 1ft1 0 10 20 30 40 s0 fiD 70 BD 90 W idlh (R) 0 5 10 1s 20 25 30 35 Width (}1) -MYO 2112] �MYl Il 2012} —MY2 2013} —MY3(201-0 �MY9 2D14 tMYs 201—0ankfull —F W7a +MYO (4/N112} •-MYl [10/2112} +MY2 (5/2ri3} �MY3 (5/2i114} �MY4 [Sj20151 tMYS [6f20161—Banklull �MYO(4/2012) �MYI(10r2012) - MY2{5/2013} �MY3(S/2014) �MY4(11/MM) �MY519/20161—Banklull Cross Section 10 Pool — UT1A (Not Proposed for Credit) Cross Section 11 Riffle — UT16 Cross Section 12 Pool — UT1B 205 + 30 riffle 766 769 766 767 766 — 765 S 767 762 - 2 762 �5 765 764 763 L ^� 0 10 20 30 40 50 60 70 Width{}t) 0 5 10 15 20 25 30 35 40 45 Widtl+(R1 0 10 20 30 4D 5D 6D 70 q0 width(R) t MY014/20121—MYi[10/2022] +MY2(5/2D13] �MY315/2D141 �INY4111/2015} �MYS(9/2016]—B�nk[ull tMYO(4/2012} tMYl [30/2012] +MY2(s/2013) tMY3{5/20141 �MY4 5/2015 �MYs [O6/2016—Bankfull —F load one Brea �MYO (7/20121 �MYl (10/20121 �k1Y2 {Sj20131 �MY3 (5/2014) +MY4 (5/2015) +MYS (6/2016) —BankEull *Bankfull elevation adjusted in MY3 due to channel and floodplain aggradation Cross Section 13 Riffle — UT1A (Not Proposed for Credit) 772 2770 — 4 5 769 Y 769 767 0 10 7o 30 40 50 60 70 Width IRJ �MY31V20141 PAN {11/2015l �MYS(9�1016)—8anklull Stream Morphology Data: Longitudinal Profiles UT1 Reach 1 Upper 116 — a ■ ■ 774 ra ■ ■ 770 ■ 7b8 ■ 764 7G2 760 103M 10100 10200 103W 10400 10500 10600 10700 Statlon (two rn pAm.nouV - rn pprl-1W1aul — m p u-bf2u a1 +11N {M�3-]n0161 t 11i/ IMY6-'un015] iW pAT33�i0161 ••••••• WSIM1'S-4I>•416} ■ WFJt 0 k V W UT1 Reach 1 Lower 770 768 71 764 7S2 Wr 760 7ss 756 754 10700 10900 11100 11300 11500 11700 11500 12110 Station 11eet1 � YW [Mmvo 1017j ♦ TW ]MY1.1011011} � TW ]MY1-W2013) � lW {MY3.5l2014] �1W 1A1Y4.vwj51 � TW jMYSfijM161 ....... WS(MYSW20M, ■ BKFI7OB ■ 1AG4ANE ■ UT1 Reach 2 753 762 ■ UT1B 774 1f116 encer5 prolett area 772 770 768 766 764 762 750 759 20000 20100 20200 203M 20400 20600 206M 20700 20800 20KO 21000 Station 11m) �TW {Mr0-/120121 SSW )Mrl-10/10121 �S+M (M1`]-512U131 �Tw (MT3i1201a) �iW IMT6-Sj2015}-7W Iµy6-5/701Bj-•••--• WS{MrSWMF6j ■ &?R at Station ■ 2o1+s2 ■ ■ ■ ■ A ■ UT1A 774 at Station ■ 2o1+s2 ■ ■ ■ ■ A ■ UT1A 774 UT1A 774 772 ■ ■ 770 7[$ ■ 766 W 764 ■ ■ ■ 762 76O 758 30008 3O100 30200 30300 311400 30500 3O6p7 5[a[lan [fret} �Tw (MinV+Os 1[ rw [Mn•sW2o s?I �iW {MI'f •y/)61 ij - TW IMI`S-j/tnl�} �-rw [wr+strzps59 � 1xr(Mn wms6t ....... W5IMn172w4} eanaelMn•9rj4:b} a locwun7stu Stream Morphology: Morphology Table Cross -Section 1 (Riffle) Cross -Section 2 (Pool) Cross -Section 3 (Riffle) Cross -Section 4 (Pool) Dimension and Substrate Base MY1 MY2 MY3 MY4 MY5 Base MY1 I MY2 MY3 I MY4 MY5 Base MY1 I MY2 MY3 I MY4 LMY5 Base MY1 MY2 I MY3 I MY4 MYS based on fixed bankfull elevation Bankfull Width (ft) 4.6 5.8 6.1 5.1 9.7 6.5 13.6 10.8 10.3 10.6 8.9 9.9 19.1 13.7 18.2 15.5 15.6 13.4 21.6 15.3 17.4 16.4 17.3 16.2 Floodprone Width (ft) 66.7 65.4 65.4 65.4 66.8 67.0 --- --- --- --- --- 62.6 63.4 55.7 55.7 63.4 63.4 --- --- --- --- --- --- Bankfull Mean Depth (ft) 0.6 0.5 0.4 0.3 0.2 0.3 1.0 0.9 0.8 0.5 0.6 0.5 0.7 0.7 0.6 0.5 0.6 0.7 1.0 1.0 1.0 1.0 1.0 1.1 Bankfull Max Depth (ft) 0.9 0.8 0.8 0.9 0.8 0.9 2.4 1.9 1.8 1.1 1.4 1.3 1.6 1.3 1.5 1.5 1.6 1.5 2.4 2.2 2.2 2.2 2.3 2.3 Bankfull Cross -Sectional Area (ft2) 2.7 2.7 2.3 1.7 2.1 2.1 14.2 9.8 8.1 5.1 5.0 4.9 13.1 9.0 10.8 8.1 9.5 8.9 22.0 16.1 17.9 17.0 17.3 17.8 Bankfull Width/Depth Ratio 7.7 12.8 16.0 15.2 43.8 20.1 13.0 12.0 13.0 22.2 15.9 19.7 27.7 20.9 30.7 29.6 25.6 20.1 21.1 14.6 16.9 15.8 17.5 14.8 Bankfull Entrenchment Ratio 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ N/A N/A N/A N/A N/A N/A 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ N/A N/A N/A N/A N/A N/A Bankfull Bank Height Ratio 0.9 1.0 1.0 1.0 0.9 1.0 N/A N/A N/A N/A N/A N/A 1.0 1.0 1.0 1.0 0.9 0.9 N/A N/A N/A N/A N/A N/A Cross -Section 5 (Pool) Cross -Section 6 (Riffle) Cross -Section 7 (Riffle) Cross -Section 8 (Pool) Dimension and Substrate Base MY1 MY2 MY3 MY4 MY5 Base MY1 MY2 MY3 MY4 MY5 Base MY1 MY2 MY3 MY4 MY5 Base MY1 MY2 MY3 MY4 MY5 based on fixed bankfull elevation Bankfull Width (ft) 15.6 14.4 18.0 15.9 14.4 15.1 11.9 12.4 13.5 13.4 12.6 12.8 11.8 8.7 14.7 12.1 13.1 11.0 23.6 16.9 22.7 21.0 20.5 22.5 Floodprone Width (ft) --- --- --- --- --- --- 79.6 80.3 76.9 76.9 79.7 79.7 69.7 70.8 65.9 65.9 71.8 71.7 --- --- --- --- --- --- Bankfull Mean Depth (ft) 1.0 1.0 0.8 0.9 0.8 0.9 0.7 0.7 0.7 0.6 0.6 0.7 1.0 1.1 0.8 0.9 0.9 0.9 1.2 1.3 1.1 1.0 1.0 0.8 Bankfull Max Depth (ft) 2.1 1.9 1.9 1.9 1.8 1.7 1.4 1.2 1.4 1.4 1.2 1.3 1.8 1.7 1.8 1.7 1.8 1.6 3.0 2.1 2.7 2.9 2.3 2.2 Bankfull Cross -Sectional Area (ft) 16.4 13.7 14.8 13.8 11.8 12.9 8.1 8.5 8.8 7.6 7.4 8.3 11.7 9.4 11.8 10.9 11.4 9.3 27.4 21.3 24.4 20.9 19.6 18.6 Bankfull Width/Depth Ratio 14.9 15.1 21.9 18.3 17.6 17.7 17.3 1 18.0 20.8 23.6 21.7 19.7 11.8 8.0 18.3 13.5 15.1 12.9 20.3 13.4 21.0 21.1 21.4 27.2 Bankfull Entrenchment Ratio N/A N/A N/A N/A N/A N/A 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ N/A N/A N/A N/A N/A N/A Bankfull Bank Height Ratio N/A N/A N/A N/A N/A N/A 1.0 1.0 1.0 1.1 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 N/A N/A N/A N/A Cross -Section 9 (Riffle)' Cross -Section 10 (Pool)' Cross -Section 11 (Riffle)Z Cross -Section 12 (Pool) Dimension and Substrate Base MY1 MY2 I MY3 MY4 MY5 Base MY1 MY2 MY3 MY4 MY5 Base MY MY2 I MY3 MY47 MY5 Base I MY1 I MY2 MY3 I MY4 MYS based on fixed bankfull elevation Bankfull Width (ft) 4.6 1.9 2.1 0.0 0.0 0.0 5.9 --- 2.7 0.0 0.0 0.0 4.5 3.1 4.8 3.5 5.2 5.2 6.0 6.4 8.5 4.7 6.7 4.9 Floodprone Width (ft) 30.5 31.4 27.0 0.0 0.0 0.0 --- --- --- --- --- --- 67.3 66.5 64.2 53.8 45.4 67.8 --- --- --- --- --- Bankfull Mean Depth (ft) 0.4 0.3 0.4 0.0 0.0 0.0 0.6 --- 0.3 0.0 0.0 0.0 0.5 0.3 0.5 0.5 0.4 0.4 0.8 0.6 0.4 0.3 0.2 0.3 Bankfull Max Depth (ft) 0.8 0.4 0.6 0.0 0.0 0.0 1.0 --- 0.5 0.0 0.0 0.0 1.0 1.1 1.0 0.9 0.8 0.9 1.2 1.0 0.7 0.5 0.4 0.4 Bankfull Cross -Sectional Area (ft2) 2.1 0.6 0.8 0.0 0.0 0.0 3.3 --- 0.9 0.0 0.0 0.0 2.3 1.0 2.3 1.7 2.1 2.0 4.5 3.9 3.1 1.3 1.5 1.3 Bankfull Width/Depth Ratio 10.4 6.2 5.2 0.0 0.0 0.0 10.7 --- 8.0 0.0 0.0 0.0 8.7 9.8 10.0 6.9 12.7 13.3 8.0 10.6 23.4 17.9 29.7 18.5 Bankfull Entrenchment Ratio 2.2+ 2.2+ 2.2+ N/A N/A N/A N/A N/A N/A N/A N/A 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ 2.2+ N/A N/A N/A N/A N/A N/A Bankfull Bank Height Ratio 1.0 1.0 1.0 N/A N/A N/A N/A N/A N/A N/A N/A 1.0 0.9 0.9 1.0 1.0 1.1 N/A N/A N/A N/A N/A N/A Cross -Section 13 (Riffle)' Dimension and Substrate Base MYl MY2 MY3 MY4 MYS based on fixed bankfull elevation Bankfull Width (ft) --- --- --- 5.7 0.0 0.0 Floodprone Width (ft) --- --- --- 54.9 --- --- Bankfull Mean Depth (ft) --- --- --- 0.4 0.0 0.0 Bankfull Max Depth (ft) --- --- --- 1.0 0.0 0.0 Bankfull Cross -Sectional Area (ft) --- --- --- 2.0 0.0 1 0.0 Bankfull Width/Depth Ratio --- --- --- 16.3 0.0 0.0 Bankfull Entrenchment Ratio --- --- --- 2.2+ N/A N/A Bankfull Bank Height Ratio --- - --- 1.0 N/A N/A 'Cross -sections 9, 10 and 13 are located in the section of UT1A that is no longer proposed for credit. *In MY1(2012) sediment deposition occurred within cross-section 10filling in the majority of the channel. Storm flows have flushed out the sediment flows and the channel dimensions appearto be adjusting back toward the as -built channel dimensions. *In MY3 (2014) sediment deposition occurred within cross-section 9 and 10filling in the channel and part of the surronding floodplain. *Cross Section 13 on UT1A was installed during MY3 and filled in with sediment during MY4. 2Bankfull elevation was adjusted in MY3 due to sediment aggradation in the channel and on the floodplain. Hydrology Data: Verification of Bankfull Events Table Reach Date of Data Collection Date of Occurrence MY of Occurrence Method 5/11/2012 U 1 Crest Gage UT1 10/31/2013 U 2 Crest Gage 6/17/2016 U 5 Crest Gage 7/10/2012 U 1 Crest Gage UT1A 3/7/2013 U 2 Crest Gage 6/30/2014 5/15/2014 3 Crest Gage 7/10/2012 U 1 Crest Gage 3/7/2013 U 2 Crest Gage UT113 6/30/2014 5/15/2014 3 Crest Gage 11/4/2015 U 4 Crest Gage U: Unknown Summary of Groundwater Gage Results for Year 1 through 5 Wetlands RW1 and RW2 Summary of Groundwater Gage Results Success Criteria Gage Year 1(2012) Year 2 (2013) Year 3 (2014) Year 4 (2015) Year 5 (2016) 2017* No/5 Days Yes/49 Days Yes/47 Days Yes/59 Days Yes/42 Days Yes/31.5 Days 1 (2.5%) (24.0%) (23.0%) (25.4%) (18.1%) (15.8%) No/0 Days Yes/93 Days Yes/113.5 Days Yes/99.5 Days Yes/108 Days Should Meet/11 2 (0.0%) (46.0%) (56.0%) (42.9%) (46.6%) Days (5.4%)** Yes/29 Days Yes/49 Days Yes/52.5 Days Yes/101.5 Days Yes/84 Days Yes/31.5 Days 3 (14.0%) (24.0%) 26.0%) (43.8%) (36.2%) (15.8%) Yes/27 Days Yes/54.5 Days Yes/47 Days Yes/65.5 Days Yes/48 Days Yes/31.5 Days 4 (13.0%) (27.0%) (23.0%) (28.2%) (20.7%) (15.8%) No/11 Days Yes/41.5 Days Yes/52.5 Days Yes/75.5 Days Yes/233 Days Yes/31.5 Days 5 (5.0%) (20.3%) (26.0%) (32.5%) (100.0%) (15.8%) 6*** No/5 Days Yes/16 Days No/10 Days Yes/35.5 Days No/9 Days (3.9%) Yes/31.5 Days (2.5%) (7.8%) (5.0%) (15.3%) (15.8%) Yes/22 Days Yes/179 Days Yes/49.5 Days Yes/79.5 Days Yes/43 Days Yes/31.5 Days 7 (11.0%) (88.0%) (25.0%) (34.3%) (18.5%) (15.8%) No/12 Days Yes/53 Days Yes/44.5 Days Yes/63 Days Yes/42 Days Yes/31 Days 8 (6.0%) (26.0%) (22.0%) (27.2%) (18.1%) (15.3%) 9*** N/A N/A A Yes/17 Days No/9 Days (3.9%) Yes/31.5 Days (7.3%) (15.8%) Yes/180 Days Yes/45.5 Days Yes/85 Days Yes/45 Days Yes/31.5 Days 10 N/A (88.0%) (23.0%) (36.6%) (19.4%) (15.8%) 11 N/A Yes/80 Days Yes/50.5 Days Yes/73.5 Days Yes/84 Days Yes/31.5 Days (39.0%) (25.0%) (31.7%) (36.2%) (15.8%) Reference Yes/74.5 Days Yes/204 Days Yes/35 Days Yes/52.5 Days No/13 Days N/A (36.5%) (100%) (17.3%) (22.6%) (5.4%) * 2017 data runs through 5/8/17 except for Gage 2. "Gage 2 data was pulled for repairs on 4/18/17. Groundwater levels at Gage 2 were within 12 inches of the surface for the entire captured portion of the 2017growing season. The unit has been redeployed and is expected to meet success criteria in 2017. ***Gages 6 and 9 did not meet hydroperiod success criteria in a majority of monitoring years and credit associated with these gages has been removed. Hydro period performance standard is 7% of the growing season. NRCS WETS defined growing season is 202 days (April 8thto October 27tn) NRCS WETS data was used to determine the growing season for monitoring years 1-3 and 2017. On -site soil temperature probe data was used to determine the beginning of the growing season for monitoring years 4-5. N/A: Gages 10and 11were installed during MY2. Gage 9was installed during MY4. Reference data not yet available in 2017. Monthly Rainfall Data Lyle Creek 30-70 Percentile Graph for Rainfall in 2012-2016 13 12 11 10 9 8 '^ 7 a s u S6 5 4 3- 2 — 1 — — 0 January February March April May June July August September October November December Month 2012 Rainfall Data 2013 Rainfall Data 2014 Rainfall Data 2015 Rainfall Data 2016 Rainfall Data 30th Percentile 70th Percentile 1 USGS station 354616081085145 rainfall used when on -site gage malfunctioned. Z 30th and 70th percentile rainfall data collected from weather station Catawba 3 NNW, NC1579 (USDA, 2002) Vegetation Data: Summary of Planted Vegetation Plot Results Plot Number Planted Stems/Acre Counting Towards Success Criteria Year 0 (2012) Year 1 (2012) Year 2 (2013) Year 3 (2014) Year 4 (2015) Year 5 (2016) 1 526 405 405 405 405 364 2 567 364 405 364 364 283 3 486 486 445 445 445 445 4 405 121 283 364 364 364 5 486 202 324 445 445 445 6 607 364 283 324 364 364 7 445 283 364 364 405 405 8 445 324 405 405 405 405 9 486 405 405 364 283 283 10 445 283 324 324 324 324 11 526 445 486 405 405 364 12 486 283 324 243 324 324 13 607 567 607 607 607 607 14 445 445 445 445 486 486 15 567 526 486 486 486 486 16 526 486 567 526 607 567 17 607 405 364 364 364 364 18 486 324 405 283 324 283 19 486 40 243 283 364 364 20 567 486 486 526 526 526 21 648 243 405 405 405 405 22 567 405 445 405 445 445 23 445 324 405 364 364 364 24 567 445 526 486 567 607 25 648 445 445 445 445 445 26 607 445 405 364 445 445 27 607 526 567 567 526 567 28 648 526 526 445 486 486 29 486 283 283 283 324 324 30 729 121 324 283 364 364 31 486 405 405 405 405 405 32 445 405 445 364 445 324 33 405 324 405 364 405 405 34 486 364 445 486 486 486 35 607 526 526 526 567 526 Average of All Plots (1-35 ) 532 372 416 406 428 419 Vegetation Data: Planted and Total Stem Counts Annual Summary Scientific Name Common Name Species Type MY5 (2016) MY4 (2015) MY3 (2014) MY2 (2013) MY1 (2012) MYO (2012) Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Pnol-S P-all T Acerfloridonum southern sugar maple Tree 2 Acernegundo boxelder Tree 10 10 12 11 11 13 10 10 11 11 11 12 14 14 14 24 24 24 Acer rubrum red maple Tree 12 4 A In us serrulo to hazel alder Shrub 34 34 34 34 34 34 33 33 33 33 33 33 13 13 13 25 25 25 Betula nigra river birch Tree 53 53 54 52 52 53 51 51 55 52 52 55 52 52 52 71 71 71 Collicarpa americans American beautyberry Shrub 15 Carpinuscaroliniana American hornbeam Tree 3 3 3 3 3 3 4 4 4 4 4 4 2 2 2 17 17 17 Celtisloevigata sugarberry Tree 9 9 9 14 14 14 11 11 11 13 13 13 13 13 13 15 15 15 Cephalanthus occidentalis common buttonbush Shrub 34 50 35 22 Cercis canadensis eastern redbud Tree 1 1 Cornusamomum siIkydogwood Shrub 3 3 13 3 3 11 Cornusflorida floweri ng dogwood Tree 1 1 2 Diospyros virginiano common persimmon Tree 9 9 13 9 9 9 8 8 8 8 8 9 8 8 8 10 10 10 Fraxinus pennsylvanica green ash Tree 80 80 97 82 82 95 74 74 84 77 77 88 63 63 63 69 69 69 Hibiscus rosemal low Shrub 1 Juglans nigra bl ack wa I nut Tree 1 Liquidambarstyraciflua sweetgum Tree 2 10 2 3 Liriodendron tulipifera tuliptree Tree 15 15 17 16 16 19 17 17 19 20 20 21 20 20 20 52 52 52 Nyssa sylvatica blackgum Tree 39 39 41 40 40 40 38 38 38 40 40 40 38 38 38 48 48 48 Pin us rigida pitch pine Tree 2 Pinus taedo loblolly pine Tree 6 Platanusoccidentalis American sycamore Tree 66 66 93 65 65 113 66 66 97 68 68 97 66 66 66 88 88 88 Populus deltoides eastern cottonwood Tree 14 29 10 7 Pru n u s sero tin a blackcherry Tree 1 3 Quercus michouxii swamp chestnut oak Tree 13 13 13 13 13 13 14 14 14 12 12 12 12 12 12 14 14 14 Quercus phellos wi I I ow oa k Tree 23 23 25 23 23 24 23 23 24 22 22 22 21 21 21 27 27 27 Quercus rubra northern red oak Tree 4 4 4 4 4 4 1 1 1 Rosa palustris swamp rose Shrub 36 12 32 Salix bebbiono Bebb wi I I ow Tree 1 1 2 1 1 1 Salix nigra black wiI low Tree 17 72 1 Salix sericea s i I ky wi I I ow Shrub 55 40 13 36 Sombucuscanadensis common elderberry Shrub 1 1 Ulmus alata winged elm Tree 1 5 Ulmusamericana American elm Tree 5 Ulmus rubra slippery el m Tree 4 Stem count 362 362 577 370 370 698 351 351 479 360 360 527 322 322 322 460 460 460 size (ares) 35 35 35 35 35 35 size (acres) 0.86 0.86 0.86 0.86 0.86 0.86 Species count 15 15 26 15 15 27 14 14 21 12 12 22 12 12 12 12 12 12 Stems per Acre 419 419 667 428 428 807 406 406 1 554 416 416 609 372 372 372 532 532 532 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Volunteer species included in total PnoLS: NumberofPIanted stems excluding Iivestakes P-all: Numberofplanted stems including Iivestakes T: Total Stems Pre & Post Construction Photos: ;WA 'yam.. --:i°` -: � ;�5 ���'�} ➢'r � x h !R 39 Via., do y tl t. R ' 7 �11 UT1 Reach 1 (Upper) — Existing Conditions (02/2010) UT1 Reach 1 (Upper) — Monitoring Year 5 (07/2016) .7�y� � ' J. y _Il ram... t sk- i UT1 Reach 1 (Lower) — Existing Conditions (8/2010) UT1 Reach 1 (Lower) — Monitoring Year 5 (07/2016) 1 _ r� 5A�y11. UT1 Reach 2 — Existing Conditions (8/2010) UT1 Reach 2 — Monitoring Year 5 (07/2016) UT1D — Existing Conditions (8/2010) 1 UT1D — Monitoring Year 5 (07/2016) 1 RW1— Existing Conditions (8/2010) 1 RW1— Monitoring Year 5 (06/2016) 1 RW2 — Existing Conditions (8/2010) 1RW2 — Monitoring Year 5 (06/2016) I DMS Recommendation and Conclusion: Overall, the project streams, vegetation, and wetlands proposed for credit are stable and functioning as intended. All project streams have met the required success criteria of exhibiting two overbank events in separate monitoring years. The streams within the site are stable and meeting the final MY5 success criteria with the exception of a portion of UT1A. The average stem density of 419 stems/acre is greater than the final MY5 vegetative success criteria of 260 stems/acre. All the groundwater gages (GWG) within areas proposed for credit have met the hydrologic success criteria (7% hydroperiod within the growing season) approved in the mitigation plan during a majority of post -construction monitoring (at least 3 out of 5 years). In addition, these gages would also meet the 2016 IRT recommended hydroperiods associated with their mapped soil series (Chewacla or Wehadkee) during the majority of post -construction monitoring. Based on the performance of project components through MY5, credit is not proposed for 394 LF of stream restoration (394 SMU's) along UT1A that has aggraded due to offsite sediment sources. Credit is not proposed for 0.6 acres of wetland creation (0.2 WMU's) in RW1 where groundwater gages (GWG 6 and 9) have not met hydrologic success criteria during the majority of monitoring years. The site is generally free of invasive vegetation and there are not beaver impoundments. The project has met the overall goals and DMS recommends close out of the project based on the above modifications to proposed credits requested 5,571 SMU's and 7.1 WMU's. Contingencies: None. Appendix A: Property Ownership Information & Verification of Protection Mechanism The site protection instrument for this mitigation project includes the following document(s), available at the specified County Register of Deeds office, and is linked to the property portfolio at: http://ncdenr.s3.amazonaws.com/s3fs- public/Mitigation%20Services/Document%20Management%20Libra ry/Property/Property%20Portfolio/94643 LyleCreek MitigationSite PD 2010.pdf Project Name I County I Grantor Name I Deed Info II Property Rights Lyle Creek Mitigation Site Catawba Joseph S. Garmon and Kathy T. Garmon IDB 3057, P 1320IConservation Easement 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 1D. SAW-2010-02102 County: Catawba USGS Quad: Catawba GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Owner/Applicant: Wildlands Engineering, Inc. Attn: Matt Jenkins Address: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Telephone No.. (704) 332-7754 Authorized Agent: North Carolina Ecosystem Enhancement Program Attn: Mr. Guy Pearce Address: 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone No.: (919) 715-0476 Size and location of property (waterbody, road name/number, town, etc.): The project (Lyle Creek Mitigation Site) is located west of North Carolina Highway 10, south of Lyle Creek, in Catawba County, North Carolina. Site Coordinates: 35.7117 °N-81.0815 °W Waterway: Lyle Creek River Basin: Catawba Description of project area and activity: This permit authorizes stream channel relocation, excavation, mechanized land clearing, the placement of fill material (including the installation of in -stream structures, coir fiber rolls, log and rock vanes, root wads, brush mattresses, vegetated geolifts, etc.) associated with the construction of Lyle Creek Stream and Wetland Restoration Project. Authorized impacts to waters of the U.S. are identified on the table on page 2 of this authorization. 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 SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated September 1, 2011. 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 19, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the N WPs 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. • This Department of the Army verification does not relieve the permittee 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: November 21, 2011 Digitally signed by TUGWELL.TODD.JASON.1048429293 Date: 2011.11.22 10:44:22-05'00' Expiration Date of Nationwide Permit Verification: March 18, 2012 Pagel of 3 Summary of Authorized Impacts and Reauired Mitieation Open Water ac Wetland ac Unimportant Steam 1 Important Stream t NWP / GP # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 27 0 0 1.43 1.3 0 0 3785 0 Impact Totals 0 0 1.43 1.3 0 0 3785 0 Total Loss of Waters of the U.S. ac 1.3 Total Loss of Waters of the U.S. I 0 Required Wetland Miti ation(ac) 1 0 Required Stream Mitigation (If) 1 0 Additional Remarks and/or Special Permit Conditions: This verification is the second NWP 27 issued for this project, and was issued for work necessary to repair degraded portions of the project. 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. Work associated with this authorization is based on the Mitigation Plan dated August 2011. 3. Groundwater monitoring wells shall be installed to document site hydrology in all wetland areas (creation and enhancement). 4. Within wetland areas, planted vegetation shall average 4 feet in height at year 3, and 8 feet in hieght at year 5. 5. The performance standard for wetland vegetation in the mitigation plan shall be modified to 210 living planted stems per acre at year 7. Copy Furnished: The Wilmington District is committed to providing the highest level of support to continue to do so, please complete the Customer Satisfaction Survey h"://regulatorv.usacesurvev.com/ to complete the survey online. the public. To help us ensure we located at our website at Page 2 of 3 Determination of Jurisdiction A. ❑ 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). B. ❑ 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. C. ❑ 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on April 6, 2011 (Action ID: SAW 2010-02102). Basis of Jurisdictional Determination: E. Attention USDA Program Participants: This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above): This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 Division 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 Date: November 21, 2011 Digitally signed by TUG W ELL.TODDJASON.104842 9293 Date: 2011.11.22 10:44:53-05'00' Expiration Date of Jurisdictional Determination: April 6, 2016 Page 3 of 3 WILMINGTON DISTRICT POST -CONSTRUCTION COMPLIANCE FORM Action ID Number: SAW-2010-02102 Permittee: Wildlands Engineering, Inc. Date Permit Issued: November 21, 2011 Project Manager: Todd Tugwell County: Catawba Attn: Matt Jenkins 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 North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Matt Jenkins Wildland Engineering 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Subject: Lyle Creek Stream Restoration Division of Water Quality Coleen H. Sullins Director APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Jenkins: Dee Freeman Secretary October 7, 2011 DWQ# 11-0821 Catawba County You have our approval, in accordance with the general certification and those conditions listed below, to impact 2.73 acre of wetland and 3,785 linear feet (If) of unnamed tributaries to Lyle Creek in order to complete the restoration project Catawba County, as described in your application received by the Division of Water Quality (DWQ) on September 7, 2011. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3689, which can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to 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. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The plan proposes: 5,410 If of stream restoration, 1,337 If of stream enhancement, 6.6 acres of wetland restoration, and 2.9 acres of wetland creation. 3. An aquatic survey (macro benthos, crayfish, etc.) shall be taken for each reach of the existing channels prior to the initiation of the project. A follow up survey shall be conducted following the second year of construction and annually thereafter upon close out of the project. This information shall be included in the annual monitoring report. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Noft lCarolina Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 / Internet: http://portal.ncdenr.org/web/wq Xatumllff An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 4. The existing strew bed material/substrate shall be excavated, stored, and placed in the newly constructed stream channel as indicated in the application. 5. The buffer shall be properly marked and protected to prevent encroachment by machinery at the site. Fencing, or at minimum "cable/rope", shall be utilized to delineate the boundary. 6. Signage for notifying the power company within their easement of the project shall be tall enough within the buffer to be observed. 7. Wetland monitoring shall be clarified with the Army Corp of Engineers. 8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC DWQ. 9. Continuing Compliance. The applicant (Wildland Engineering) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Sincerely, 1 forColeen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit ALTEOWA ija NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 30, 2011 DWQ# 11-0821 Catawba County Mr. Matt Jenkins Wildland Engineering 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Subject: Modification Additional Condition #5, Lyle Creek Stream Restoration Dear Mr. Jenkins: This letter is notification that Additional Condition #5 in the approval letter issued on October 7, 2011 has been modified. The original condition stated "The buffer shall be properly marked and protected to prevent encroachment by machinery at the site. Fencing, or at minimum "cable/rope", shall be utilized to delineate the boundary". The new condition shall read: The buffer shall be properly/adequately identified to protect the easement from encroachment and harm. DWQ reserves the right to require a more stringent protection should the buffer found not to be adequately protected. All other conditions of the previously issued 401 Certification shall remain in effect. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704- 663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Sincerely, ,y-) for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq NorthCarolina naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Action I.D.: SAW 2010-02102 County: Catawba U.S.G.S. Quad: NC Catawba NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Matt Jenkins; Wildlands Engineering Inc. Address: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Telephone No.: 704-332-7754 Property description: Size (acres): 4045 LF of stream and 1.85 acres Nearest Waterway: Lyle Creek Coordinates: 35.711674 N/-81.081496 W Location Description: Nearest Town: Catawba River Basin: Catawba Hydrologic Unit Code: 03050101 Based on preliminary information, there may be waters on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). m There are Navigable Waters of the United States within the above described property 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 on the above described property 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. We strongly suggest you have the waters on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 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 no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. Action Id.: 2010-01009 This delineation/determination has been conducted to identify the limits of COE's Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tyler Crumbley at 828-271-7980. C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and they directly abut stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary to Lyle Creek which flows into the Catawba River which is Section 10 Navigable at the Mountain Island Lake dam on the Mecklenburg/Gaston county line in NC. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) 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 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 Program Attn: Tyler Crumbley, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 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 Division 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 within 60 of the issue date. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: _Tyler Crumbley Issue Date: 6 April, 2011 Expiration Date: 6 April, 2016 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 hM://per2.nmT.usace.gM.mil/survgy.html to complete the survey online. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: 2 ¢,...'. Applicant: Matt Jenkins; Wildlands Engineering Inc. File Number: 2010-02102 Date: 6 April, 2011 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D �TO� PRELIMINARY JURISDICTIONAL DETERMINATION E I: fI�1i it rbt d� unla-e Adt iif tle fIld fit: y�����g tis Il 3'CR A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. ® OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL, DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. .19 If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Tyler Crumbley, Project Manager Jason Steele USACE, Asheville Regulatory Field Office Administrative Appeals Review Officer 151 Patton Ave 60 Forsyth Street, SW (Room 9M10) RM 208 Atlanta, GA 30303-8801 Asheville. NC 28806 404-562-5137 828-271-7980 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. Figure 3 Jurisdictional Delineation Lyle Creek Mitigation Site Catawba River Basin (03050101) Catawba County, NC Perennial Stream Jurisdictional Wetlands • SCP1 - Stream Data Point • DP1 - Wetland Data Point —; Project Area Property Boundary 0 100 200 ft I I I I W1LDL�ANDS l�t-I r. Ito f' f * f • - ' - iL- Ilk 40 • A ONO �• • � � s at' 1 -� rl• s .s � � �'�• s` +err 't � f .. eq :�rt.a` ! +� ..`A Ji•- i. rr" .1' =*sr :�., 5 +� r si .�! {' r Wetland UTld .� 1 4q. ♦. (755 LF) q,IF + r r • �• �s i - rr Y it t WL-F 7 �•. . —.—. /--1, SCP1.I - —•.; sir � 1 j ' P ■ # 1 DP2,1� SCP3\ 91 ..I:. / DP9 I I 1 WL-40.06 Acre •�:�� I I a' 1 j r 4 • t� 1 •' , '� I %- Wetland UT1c 401 ' - ` (735 LF) 41 ', 0.15 Acre • 1 Wetland UT1 1 (1,033 LF) DP4 UT1b (966 LF) �•—'Perennial RPW •oo "-- ■OF •� t' a r i k • rr � •� r 1 � • SCP4 � � � �r�*y'. J _ • n l r' DP5 1} 1.. WL-2 0.43 Acre DP3 � 1` DP6 , Wetland UT1a (1,141 LF) a .I Aerial Photography APPENDIX C: Debit ledger Mitigation Project Lyle Creek Mitigation Site DMS ID 94643 River Basin CATAWBA Cataloging Unit 03050103 Applied Credit Ratios: 1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 y oN N Of E E LNc ( c E y d C E L y a m . UC m U _c 2m O w M _Q m m 2' d a. 0 a O N z C o C1 z EY V C m O z w a m 0"0 z a s m W o W U .o m O cU m EE c e m m L o c cU W rO m cUw C�dN O aw Beginning Balance (feet and acres) 5,017.00 13384.00 1 6.400 2.200 Beginning Balance (mitigation credits) 5,017.00 553.60 6.400 0.730 NCDOT Pre-DMS Debits (feet and acres): Not Applicable DMS Debits (feet and acres): DWR Permit No USACE Action IDs Impact Project Name 2002-1430 2002-31320 Villages of Seven Eagles 189.00 1999-0337 1999-30776 NCDOT TIP R-2248AC / AD / BA - Charlotte Outer Loop 4,071.40 2007-1334 2007-03999-360 Piedmont Town Center 725.00 2008-0081 2008-00196-360 Franklin Water Treatment Plant Expansion 1.270 2006-1849 2006-41599-390 Bromley 300.00 2006-1085 2006-41185-390 Union County Public School "G" Site 284.00 2000-0165 2000-30383 / 2000 30528 Weddington Chase 1 520.00 1998-1125 1998-31046 Landen Town Center 1.000 2007-1442 2007-02826 Fred D Alexander Blvd. 0.980 2000-1195 2009-03090 Wilkinson Blvd Parking Decks 3.155 0.067 2008-0790 2008-01510 Wilora Lake Rehabilitation Project 0.394 2009-0544 2009-00940 Silverlanding 172.60 1.133 2007-1673 2007-02551-360 Providence Road West Commercial Development 1 10.123 2010-0467 2008-03268 Matthews Gateway 139.00 2005-30193 Ballantyne Country Club Golf Course 0.478 Remaining Balance (feet and acres) 0.00 0.001 0.000 0.000 Remaining Balance (mitigation credits) 0.001 1 0.001 10.00010.0001 Information from DMS Debit Ledger dated 05/11/2017