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HomeMy WebLinkAbout20100516 Ver 1_Mitigation Closeout Report_20170526UT ALTAMAHAW DMS ID #92837 USACE ACTION ID # SAW2009-02079 DWQ 401# 20100516 CLOSEOUT REPORT: STREAM AND WETLAND Protect Setting & Classifications Meeting XY Coordinates: 36.17751,-79.47856 County Alamance General Location Burlington River Basin: Cape Fear Physiographic Region: Piedmont Ecoregion: Southern Outer Piedmont USGS Hydro Unit: 03030002 NCDWQ Sub -basin: 03-06-02 Wetland Classification Riparian Non-Riverine Thermal Regime: Warm Trout Water: N Project Performers Source Agency: DMS Provider: N/A Designer: Ecological Engineering, LLP Monitoring Firm Ecological Engineering, LLP Spillway Remediation Riverworks, Inc. & Backwater Environmental Plant remediation Riverworks, Inc. & Carolina Silvics Approved for transfer to Stewardship Yes Stewards NCDEQ Project Activities and Timeline Milestone Month -Year Project Instituted June 2009 Permitted N/A Construction Completed Feb 2011 As -built survey August 2011 Monitoring Year-1 August 2012 Invasive Plant Control October 2013 Monitoring Year-2 July 2013 Supplemental Planting November 2013 Invasive Plant Control May 2014 Monitoring Year 3 July 2014 Invasive Plant Control June 2015 Spillway Repair August 2015 Monitoring Year 4 June 2015 Monitoring Year 5 September 2016 Closeout Submission May 2017 DMS Planning Context: The UT Altamahaw stream and wetland project is located within HUC 03030002030010, the Travis/Tickle Creeks watershed, which is listed as a Targeted Local Watershed (TLW) in the 2009 Cape Fear River Basin Restoration Priorities (RBRP). The project is also located in the Little Alamance, Travis and Tickle Local Watershed Plan (LWP). Currently, DMS has five other projects in this TLW/LWP (UT to Haw River, UT to Haw (Gwynn), UT to Haw (Beckom), Glen Raven and Aycock Springs Site). UT to Haw River drains to the Haw approximately 0.5 miles downstream. The 2009 Cape Fear RBRP indicates that agricultural sources are likely the main source of stressors in the watershed. The Little Alamance, Travis and Tickle LWP indicates that this watershed suffers from impacts due to suburban development and agricultural runoff including stream bank erosion, lack of riparian buffer, livestock access to streams, nutrients and fecal coliform bacteria. The watersheds drain to the Haw River, a major recreational and cultural asset for the region, and subsequently to Jordan Lake, a drinking water supply also classified by DWQ as a Nutrient Sensitive Water. Goals of this LWP include: improved riparian management and protection of stream and wetland resources. The goals of the UT Altamahaw project are consistent with DMS watershed planning goals. The project addresses agricultural stressors by eliminating cattle access to the stream, establishing an effective riparian buffer and improving instream and wetland habitat ultimately reducing nutrient and sediment inputs onsite. Proiect Setting and Background Summary The UT Altamahaw Site (Site) is located in Alamance County, approximately 6.1 miles west-northwest of Burlington and 1.3 miles east-southeast of the Altamahaw community. Historically, land use surrounding the Site has consisted of agricultural production and cattle grazing. There are two tributaries; UT to Altamahaw and UT to UT Altamahaw. The tributaries had a narrow buffer of mature trees and cattle had access to the stream. The stream banks were denuded of vegetation and the majority of the riparian buffer lacked hardwood trees. Prior to project implementation, an upstream farm pond periodically accessed an unstable overflow channel during high flow events. The overflow channel outfall discharges to the Site's main tributary, this area has been removed from stream credit due to single sided easement. There was concentrated flow from the cattle pasture along the northern side of the Site evidenced by rills, directing sediment and pollutants to the stream. DMS provided cattle exclusion fencing and alternative water supply, improved the existing culverted crossing and emergency spillway of the upstream pond by adding erosion control measures, installed a vegetated level spreader, and planted the 3.7-acre conservation easement. During the five-year monitoring period, one repair was completed in August 2015 on the overflow channel. Post -repair observations showed movement of some of the installed rock material but inspections during the following year indicated the material had stabilized. DMS relocated the spillway rock that had moved towards the channel in early 2017. There is some erosion along the cattle crossing due to compaction of the roadway. The compacted roadway allows the water to bypass the level spreader and is entering the stream near the pipe under the crossing. There was one supplemental planting in November 2013 and all of the vegetation plots are meeting 260 stems/acre including planted and volunteer stems. There were three invasive species treatments in 2013, 2014, and 2015. Throughout the five-year monitoring period, a beaver dam was present off -site and created a small backwater effect onto the Site. A narrow band, four to five feet, of mowing has occurred along the fence line as allowed in the Letter of Intent and Conservation Easement Agreement (Appendix D). Post construction, a total of 1,477 linear feet of stream was enhanced through cattle exclusion, planting, and sediment reduction and 0.026 acres of wetland were enhanced through planting. The conservation easement totaling 3.75 acres protects streams, wetlands and the riparian buffer in perpetuity. Goals and Obiectives: The specific goals and objectives for the UT Altamahaw Site were: • Reduce nutrient and sediment water quality stressors, • Provide uplift in water quality functions, • Improve instream and wetland aquatic habitats, including riparian terrestrial habitats, and • Provide for greater overall instream and wetland habitat complexity and quality. Success Criterion Success Criteria Measured Parameter Criteria Met Yes, all plots are exceeding 260 Vegetation Stems/Acre need to meet 260 stems/acre when planted and volunteers stems are counted Asset Table Restoration Pre -Construction Mitigation Watershed As -built Mitigation Mitigation Reach (acreage/ Approach Acreage (acreage/ Ratio Units Comments linear feet) (s .mi) linear feet UT Less 85' for Altamahaw 1,347 EII 0.51 1,347-85=1,262 2.5:1 504.8 one sided buffer UT to UT 130 EII 0.39 130 2.5:1 52 Altamahaw Riparian (Non- 0.026 E N/A 0.026 2:1 0.013 riverine) Mitigation Unit Totals Stream Mitigation Riparian Non -Riparian TotalRiparian Nutrient Offset Units (SMU) Wetland Units Wetland Units AMU) Buffer 556.8 0.013 0 0 0 0 -W41 150 50' 'N-r-A 4*1 Ott, *7-4 Prepared For: ASSET MAP Map Source: UT to Altamahaw Site - DIVIS Project No. 92837 2014 Aerial from FIGURE 1 &TI NCOneMap.com Ewiro menfo; Alamance Co., NC April 2017 y 0 500 1,000 1" = 1,000' w (7 U t�) 700 v ;/4A7 DH ��\0 Ana Legend Conservation Easement .a - Jx Prepared For: USGS Topo Map Map Source: Kc UT to Altamahaw Site - DMS Project No. 92837 2013 USGS Quadrangle FIGURE 2 Lake Burlington Ewiro ," ra+ Alamance Co., NC April 2017 QualNy U 3 ; Auxillary spillway repair. o 75 ,so f Rock has stabilized. 1" = 150' r S `^ Erosion of road bed upstream and downstream of the culvertOA all Invasive Treatment - throughout easement. ice.; .r V-Z Beaver dam off -site Legend f causing backwater. • Project Streams • '7. 2013 Replant Areas Permitted Mowing ~; Ali :x Wetland Enhancement Conservation Easement 3.75 acres �{►'' i Prepared For: REMEDIATION MAP Map Source: UT to Altamahaw Site - DMS Project No. 92837 FIGURE 4 2014 Aerial from NCOneMap.com Ewiro menfa+ Alamance Co., NC February 2016 Quoll+y Verification of Bankfull Events UT Altamahaw/ 92837 Date of Data Collectil November 3 & 4, 2012 Method �ffLhoto NC State Climate Office # (if available n/a" None 7/31/2013 June 5-13 and June 28-July 14, 2013 NC State Climate Office, Crest Gage & Usual Assessment None 7/15/2014 Prior to 7/15/2014 Wrack line observations None 7/15/2014 7/15/2014 Observed rainfall in excess of 3" in less than 12 hours None 6/5/2015 Prior to 6/5/2015 Crest Gauge None *Based on daily rainfall data prior to installation of Crest Gage. Approximately2.4 inches of rain was recorded over a span of two days. 10 8 2 0 UT Altamahaw Site 30-70 Percentile Graph for Rainfali -Cumulative 2012-2016 Alamance County, INC 2 = co m ca m n D � 4 f6 � 7 lL Month � MY1 2012 - - MY2 2013 MY3 2014 MY4 2015 MY5 2016 30% 70% ry `m c`u � n � a p > U Z ❑ Stem County Each Species per Plot DMS Project No. 92837 Scientific Name Common Name Species Type Plot 1 Plot 2 Plot 3 Plot 4 Plot 5 Planted Total Planted Total Planted Total Planted Total Planted Total Acer negundo boxelder Tree 1 1 Acer rubrum red maple Tree 6 2 Asimina triloba pawpaw Tree 1 1 Betula nigra river birch Tree 2 2 2 2 3 Carpinus caroliniana American hornbeam Tree 3 Carya hickory Tree Carya ovata shagbark hickory Tree Celtis laevigata sugarberry Tree 3 Cercis canadensis eastern redbud Tree Cornus amomum silky dogwood Shrub Cornus florida flowering dogwood Tree 2 2 Diospyros virginiana common persimmon Tree 1 Fraxinus pennsylvanica green ash Tree 3 3 2 2 2 3 3 1 1 Ilex verticillata common winterberry Shrub 1 Juglans nigra black walnut Tree 3 5 Ligustrum sinense Chinese privet Exotic Liquidambar styraciflua sweetgum Tree 3 6 6 Liriodendron tulipifera tuliptree Tree 2 2 1 1 6 Nyssa sylvatica blackgum Tree 2 2 1 1 Ostrya virginiana hophornbeam Tree Oxydendrum arboreum sourwood Tree Platanus occidentalis American sycamore Tree 1 11 3 3 1 2 1 9 Prunus serotina black cherry Tree Quercus oak Tree Quercus lyrata overcup oak Tree 3 3 Quercus michauxii swamp chestnut oak Tree 1 1 2 21 1 1 Quercus pagoda cherrybark oak Tree 1 1 2 2 1 1 3 3 2 2 Quercus phellos willow oak Tree 3 6 1 1 Rhus sumac shrub Salix nigra black willow Tree 2 Sambucus canadensis Common Elderberry Shrub 3 Sambucus nigra European black elderberry Shrub Ulmus alata winged elm Tree Ulmus americana JAmerican elm Tree 2 2 1 1 1 7 Ulmus rubra slippery elm Tree 2 Monitoring Year 5 Stem count Monitoring Year 5 (2016) Monitoring Year 4 (2015) Monitoring Year 3 (2014) Monitoring Year 2 (2013) Monitoring Year 1 (2012) 16 271 8 18 101 21 13 27 5 35 648 1093 324 728 405 8501 526 1093 202 1416 607 850 283 850 445 809 567 1012 283 1295 688 1052 314 688 445 190 809 1376 202 1335 324 567 405 648 283 324 405 4861 121 728 1001 3501 3001 4501 2501 450 3501 4501 250 1350 DMS Recommendation and Conclusion The UT Altamahaw Site has completed 5 years of successful monitoring. The planted and volunteer vegetation is meeting the success criteria, the cattle are excluded from the conservation easement, and the emergency spillway is stable. DMS recommends that the Site be closed generating 556.8 SMUs and 0.013 WMUs. Contingencies No contingencies. Baseline & Post Construction Photos: Baseline 2012 I Photostation l Vegetation Plot 1 Photostation 17 Vegetation Plot 4 I Photostation 17 Vegetation Plot 4 Photostation 22 facing upstream UT Altamahaw Creek Photostation 22 facing upstream UT Altamahaw Creek 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/92837 UTtoAlta mahaw PD 2008.odf Project Name 11 County 11 Grantor Name 11 Deed Info mance ICharles S. Hursey Sr, et al TDB 2856, P 900 Property Rights servation Easement Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. haw Review of Letter of Intent and Conservation Easement Agreement Project Tracking System # 92837 SPO File #: 001-P County: Alamance Property: Conservation Easement (+/- 4 acres) Tract PIN# 8858849144 Project: UT to Altamahaw Stream Enhancement Project Owner(s): Charles S. Hursey Sr. & ETAL Property owner(s) complete the section below. Please return this form in the enclosed envelope I have reviewed the letter of intent and conservation easement document. fs . I am in agreement with the letter of intent; temporary construction easement and conservation easement template for future access in reference to the above mentioned property. I have reviewed the letter of intent and conservation easement and have the following concerns: Signed Date;,3-.-, /�—; ; Date: Letter of Intent Proposed EEP Stream Restoration Project This document sets forth agreements between the N.C. Ecosystem Enhancement Program (EEP) and the landowner regarding the proposed EEP restoration project described below. EEP is proposing a stream enhancement project on an unnamed tributary to Altamahaw Creek located on a farm owned by Charles Hursey in Alamance County. EEP is hereby providing a letter of intent regarding proposed responsibilities of EEP as they relate to the "UT to Altamahaw" enhancement project. PROJECT NAME: UT to Altamahaw EEP # 92837 EEP intends to enhance, or preserve stream and wetland areas on this site. As part of these efforts, EEP intends pay for the installation and design of agricultural BMPs (best management practices) necessary to protect the streams. BMPs will include exclusionary cattle fencing, one alternative water supply well and one watering station and two gates. Exclusionary fencing will be installed along, and approximately 1-foot outside of, the easement boundary as it generally occurs on the tributary which occurs in the current pasture area. A 5-foot grassy clearance zone inside the exclusionary fencing and on the conservation easement will be allowed to be managed by mowing, or other manual means, to keep this area open and clear of woody vegetation. EEP will provide grading and stone for the existing emergency spillway of the farm pond. EEP will provide stone cover for the existing culvert crossing. NOTE: Donations of land or conservation easements may be tax deductible, however, please be aware that any amenities, such as fencing or bridges, built on your land may have property tax implications. Please check with your tax attorney regarding the effects of any improvements. The completion of this project and the items described in this letter are subject to budget and timing constraints. Funding is available only for land that is protected by the restrictions described in the attached permanent conservation easement agreement. Director of Operations Ecosysteni Enhancement Program t,,,,P 12 )nf)R 0 75 150 1" 150' A". 61 Ile X Legend • Project Streams 2013 Replant Areas Permitted Mowing Wetland Enhancement Conservation Easement 3.75 acres Prepared For: REMEDIATION MAP Map Source: 1 UT to Altarnahaw Site - DIVIS Project No. 92837 2014 Aerial from FIGURE 4 NCOneMap.com Ewiro menfa? Alamance Co., NC February 2016 APPENDIX B: Permits & Jurisdictional Determination U.S. ARMY CORPS OF LNOINEERS WILMINGTON DISTRICT Action Id. SAW2009-02079 County: Alamance U.S.G.S. Quad: Lake Burlington NOTIFICATION OF JURISDICTIONAL DETERMINAI"ION Property Owner/Agent: G. Lane Sauls Jr. Address: Ecological Engineering, I_LP 128 Raleigh Street Holly Springs, NC 27540 Telephone No.: 919-557-0929 Property description: Size (acres) -4 acres Nearest Town Altamahaw Nearest Waterway Altamahaw Creek River Basin Cape Fear USGS HUC 0303002 Coordinates N-79.47856 W 36.17751 Location description Project area located on the southeast portion of the property at 2884 Altamahaw Union Ridge Road (SR10021, Green Level, Alamance County, NC. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands 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 deternination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR fart 331). B. Approved Determination _ 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. X There are waters of the U.S. including wetlands on 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. We strongly suggest you have the waters of the U.S. including wetlands on your project area 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 of the U.S. 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. X The waters of die U.S. including wetlands have been delineated and surveyed and are accurately depicted on Elie plat signed by the Corps Regulatory Official identified below on 9 December 2009. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed live 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. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. 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 Steve Kichefski at 919-554- I884 ext. 35. C. Basis For Determinatioir There are two perennial streams and one abutting wetland. The two crcnnial streams are unnamed tributaries to Altamahaw Creek and are relatively permanent waters RPW . The unnamed tributaries now to the named RPW of Altamahaw Creek. Altamahaw Creek flows to the Haw River, a traditionally navigable water ITNW1, which is a tributary to the Cape Fear River a navigable water of the United States. The Ordinary High Water Marks OHWMs of the streams were indicated by the followin It ysical characteristics: Bed and banks clear natural line im pressed on the bank s helvi np, scour. The wetland meets the hvdro h v tic vegetation, wetland hvd rology, and h dric soil criteria of the 1987 Cyr s of En gineers Wetland Delineation Manual and is con ti uous with one of the unnamed tributaries on the site . D. Remarks Site is to be used for Stream Enhancement (Type 11 by the EEP. Andy Williams and I met Lane Sauls Jr. of Ecological En uincerin LLP on -site for the Jurisdictional Determination. See attached man for the approximate locations of Jurisdictional Waters described in this determination. An overflow channel from a yond in the northeast portion of the pfliect area was inspected and determined to be a non 6urisdictional drainage feature. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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 C1=R 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 F A form to the following address: District Engineer, Wilmington Regulatory Division Attn: Steve Kichefski, Regulatory Specialist, Raleigh Regulatory Field Office 333E Heritage Trade Drive. Suite 105 Wake Forest, North Carolina 27587 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 C1=R part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 8, 2010. **IL is not necessary to submit an RI -A form to the District Office if you do not object to the determination in this correspondence." Corps Regulatory Official: YL Date December 9. 2009 Expiration Date December 9, 2014 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 webs ite at littp;l/reguIatory.usacesurvey.cam/ to coinplele the survey online. Copy furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem. NC 27107 N0TIFICATION 01- ADM INIS* RATlV1 AI'll k:AL. OPTIONS ANI.) PROCESS AND 10"QLIES`I' I.OR APPEAL. Applicant: EEP- Agent: Lane Sauls, l ilc NutilhCr: ti:�w?atr�r-[>?t»�i Ecological Engineering, LLP Date: December 9, 2Il(]�) Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/re or Corps regulations at 33 CFR Part 331. 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. Afler 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 pen -nit 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. ■ APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terns 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 fonn 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 11 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 Adiiiinistrative Appeal Process by completing Section II of this form and sending the form to [lie district 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 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: Si nature of appellant or agent-_ For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 MAHAW ALTA� f4LiHAMAtiAW- lllll I RIDGE> ti� Cp SITE 1 VICINITY MAP (NTS) NCGS "OSSIPEE" N = 884,322.400 U.S. SURVEY FEET E = 1,849,778.376 U.S. SURVEY FEET NC GRID (NAD83-2001) WETLAND DATAFORM LOCATION. 33 95 Ai 11 . CORB2 11s4� • V s J'��111�3 i st1. THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL REGULATORY OFFICIAL 4,- TITLE DATE f ✓ USACE ACTION ID vj- 3go - u o -7 CORNER 13 FROM PLAT CORNER 13 AS LOCATED / UPLAND ERB _ DATAFORM )R 13 LOCATION A3 �3 ' 25 47n�h,eA WETLANDS 14 0.026 AC 110 ,0 3 112 11 t'4 .�t09 JAMES E WEBSTER s WILLA JEAN WEBSTER STONE DB 322, PG 545 COO 11 LEGEND N 630 r 620 • EIP =EXISTING IRON PIPE • ERB = EXISTING REBAR WITH ALUMINUM CAP CGF = COMBINED GRID FACTOR N 89'20'28" W 9234.88' GROUND DIS 9234.68 GRID DISTAP CGF = 0.9999775 27 28 29 .020 130 L.F. 0%,yr7 -- STREAM 2 12 a f+t9 13 18 ti 14 17 h1 16 3p NOTES 70' AREAS ARE BY COORDINATE CALCULATION. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES EXPRESSED IN U.S. SURVEY FEET UNLESS NOTED OTHERWISE. REFERENCES DEED BOOK 1765, PAGE 523 PLAT BOOK 67. PAGE 207 I, RODNEY E. MORRIS. CERTIFY THAT THIS MAP IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND WAS DRAWN FROM A SURVEY MADE UNDER MY SUPERVISION ON JULY 31, 2009; THAT ENCROACHMENTS, IF ANY AT THE TIME OF THE SURVEY, ARE SHOWN. ,6#6,4 ERB - COR 8 - EL=628.74 N = 884,216.211 U.S. SURVEY FEET E = 1,859,012.443 U.S. SURVEY FEET TANCE INC GRID (NAD83-2001) CHARLES SYLVESTER HURSEY, SR CHARLES SYLVESTER HURSEY II CHRISTOPHER ROBERT HURSEY CAREY ELIZABETH HURSEY DB 1765, PG 523 PL B 67, PG 207 ERB 114 COR 14 a: 96� 06 1104 L.F. i STREAM 1 �. • 97 30 g��104 fI 98Q i2103 0' 33 �101�. ° 36 34 ERB �2 9 COR 20 6a ij1' 1 i � L-3574- _ 0 �o' . SURD E. 10, 3�9 64 91 87 sa : a•�• '`47 PEGGY GOLDEN REGISTER DB 2174, PG 834 SAMUEL 0 BASHAM/ X JUDI G BASHAW LIFE ESTATE RESERVED ERB / COR 9 �� EIP COR 1 Dl 243 L.F. '� p ^ STREAM o o9L STREAM SEGMENTS ARE CONNECTED BY JURISDICIONALI WATERS �2\ ERB Q, � COR 16 CV s7 ERB 7 49�6 C 72 162 COR 7 /A�'� ERB 73 i P61 :s0 COR 15 74�69 ERB 75', COR 17 76� �58 ' t` C9 •'•57 78 56 ' - 54 ''�'�¢83b2 8i 55 • 8078 = r-5 51 53 4,'�j ,'� 50 �� 1-1s 3 26 1321,7125 ERB 13OR �! 2 34,F� 123 ERB COR 5 f� ERB' COR 6 CONSERVATION EASEMENT 1. 3.01 AC (BY PLAT) ERB �g3a 2.92 AC (BY FIELD LOCATION} COR 18 .r �6 EL=625.39 re37 2Fs2 $0 40 $0 160 ERB 6g 5a COR 19 S SCALE 1 "= 80 WETLANDS POINTS NC GRID COORDINATES Al N 884001.20 E 1858335.02 A2 N 884027.54 E 1858351.41 A3 N 884012.76 E 1858389.13 A4 N 883983.32 E 1858411.21 A5 N 884001.50 E 1858371.24 A6 N 884004.16 E 1858349.01 Im Lwj Q ca CONSERVATION EASEMENT �! 0.74 AC o ERB COR 2 njp r'J COR$3 CHARLES SYLVESTER HURSEY, SR CHARLES SYLVESTER HURSEY If CHRISTOPHER ROBERT HURSEY CAREY ELIZABETH HURSEY DB 1765, PG 523 PL B 67, PG 207 LINE TABLE LINE BEARING DISTANCE L1 S 45'40'26" E 32.50' L2 N 38'52'52" W 55.17 L3 S 30' 12'55" W 90.21 L4 S 46`38'31 " E 53.51 L5 S 41'29'45" W 49.37' L6 S 53'47'01" W 25.10 L7 N 31'53'07" E 31.02 L8 S 68"36'09" E 40.51 L9 S 36'52'48" E 36.80' L10 N 65'32'33" W 43.91 Lll N 83'14'11" W 22..38' L12 S 78'03'33" W 14.30 STREAM BANK LOCATION POINT NORTHING EASTING POINT NORTHING EASTING POINT NORTHING EASTING 47 883975.6 1858823.3 93 883969.9 1858714.4 1 883947.4 1858294.2 48 883984.0 1858842.6 94 883962.2 1858704.8 2 883962.1 1858305.1 49 883980.9 1858864.8 95 883957.9 1858696.4 3 883983.9 1858313.2 50 883965.6 1858892.7 96 883944.9 1858689.1 4 883991.8 1858334.4 51 883974.3 1858905.1 97 883911.3 1858693.4 5 883947.9 1858384.3 52 883972.5 1858932.5 98 883882.2 1858689.5 6 883933.8 1858403.2 53 883976.9 1858942.9 99 883872.2 1858678.1 7 883931.2 1858424.4 54 883990.8 1858952.4 100 883857.5 1858667.4 8 883940.5 1858442.7 55 883998.9 1858976.0 101 883842.5 1858626.2 9 883925.3 1858454.4 56 884011.6 1858994.1 102 883858.8 1858590.0 10 883898.6 1858447.2 57 884017.3 1859001.4 103 883873.4 1858584.3 11 883896.7 1858469.7 58 884023.6 1859009.7 104 883901.6 1858605.8 12 883884.7 1858475.5 59 -884047.9 1859003.5 105 883917.1 1858585.9 13 883874.4 1858471.8 60 884061.5 1859000.7 106 883927.0 1858566.6 14 883849.8 1858477.7 61 884075.1 1859007.1 107 883931.9 1858542.3 15 883840.3 1858480.6 62 884080.4 1859013.2 108 883932.2 1858513.0 16 883837.0 1858487.1 63 884090.3 1859018.5 109 883938.9 1858488.8 17 883849.2 1858479.1 64 884099.6 1859016.8 110 883960.0 1858460.7 18 883875.5 1858475.0 65 884109.1 1859009.7 111 883944.7 1858442.7 19 883885.2 1858482.3 66 884114.0 1859010.5 112 883939.9 1858420.7 20 883900.6 1858475.3 67 884118.5 1859006.4 113 883940.6 1858405.7 21 883903.9 1858454.2 68 884106.8 185900.6.4 114 883951.3 1858390.4 22 883925.9 1858460.8 69 884100.6 1859010.7 115 884000.8 1858334.7 23 883944.3 1858449.7 70 884090.0 1859015.6 116 883986.9 1858309.4 24 883953.0 1858458.1 71 884083.6 1859012.6 117 883968.8 1858302.3 25 883955.2 1858463.6 72 884075.2 1858997.1 118 883950.4 1858290.4 26 883934.1 1858486.0 73 884068.3 1858994.0 119 884146.4 1859075.4 27 883925.2 1858512.4 74 884047.6 1859000.5 120 884143.6 1859088.9 28 883925.1 1858541.7 75 884029.7 1859004.4 121 884149.2 1859104.8 29 883922.7 1858563.1 76 884021.8 1858996.6 122 884173.2 1859112.8 30 883910.4 1858581.1 77 884001.7 1858974.6 123 884205.6 1859138.8 31 883902.1 1858603.2 78 883993.5 1858950.5 124 884235.8 1859158.2 32 883874.0 1858580.7 79 883980.8 1858939.9 125 884271.8 1859170.2 33 883856.5 1858588.1 80 883975.0 1858932.1 126 884284.9 1859183.6 34 883839.1 1858626.0 81 883976.8 1858904.3 127 884323.3 1859178.7 35 883854.1 1858670.2 82 883972.7 1858897.4 128 884343.4 1859174.2 36 883870.4 1858680.6 83 883972.8 1858886.1 129 884352.7 1859162.2 37 883879.8 1858693.5 84 883981.9 1858875.8 130 884323.0 1859174.3 38 883910.7 1858698.6 85 883986.0 1858866.9 131 884292.9 1859172.1 39 883945.2 1858695.2 86 883987.2 1858840.1 132 884268.4 1859166.0 40 883951.3 1858701.5 87 883978.0 1858815.4 133 884238.0 1859155.4 41 883964.9 1858728.1 88 883973.9 1858792.5 134 884206.4 1859137.3 42 883963.0 1858736.6 89 883964.6 1858776.3 135 884175.6 1859110.5 43 883947.1 1858755.3 90 883950.6 1858760.1 136 884152.8 1859103.3 44 883947.3 1858761.1 91 883969.5 1858739.2 137 884148.3 1859089.6 45 883958.9 1858782.8 , ► , 92 883973.6 1858731.5 138 884152.6 1859069.8 46 883969.3 1858794.0 ` \A q R�,�' WETL�4Np MAP OF oy9 THIS CERTIFIES THAT THIS COPY BOUNDARY OF JURISDICTION OF THIS PLAT ACCURATELY DEPICTS THE OF SECTION 404 CONSERVATION EASEMENTS :y DETERMINED BY THE OF THE CLEAN WATER ACT AS • 2 SEAL { : UNDERSIGNED ON THIS DATE. UNLESS THERE IS A SPO FILE NO 001 '-'P NC EEP PROJECT NO. 258 : L-3574 = CHANGE IN OF SECTION THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION 404 q�:. ,JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE UT TO ALTAMANAW 5UR`1� .' YEARS FROM THIIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS ffTILANDS DELINEATION MANUAL MORTON TWP. r��'•.�� E..•`�t, CAREGULATORY �12 TITLE �c I, RODNEY E. MORRIS, CERTIFY THAT THIS MAP IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND WAS DRAWN FROM A SURVEY MADE UNDER MY SUPERVISION ON JULY 31, 2009; THAT ENCROACHMENTS, IF ANY AT THE TIME OF THE SURVEY, ARE SHOWN. DATE OFFICIAL ` } USACE ACTION ID S►4W -jU)� - Oa.o7� 153 HOLL ALAMANCE CO. NORTH CAROLINA DATE 8/25/09 DRAWN REM JOB NO. SCALE 1" = 80' SURVEYED REM ALTAMAHAW--WET SHEET 2 OF 2 APPENDIX C: Debit ledger Mitigation Project UT to Altamahaw DMS ID 92837 River Basin CAPE FEAR Cataloging Unit 03030002 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 C E o £ v E £ C m o A m `o_ m E m C C m° C o C W £ C p m N C N N N p m% m£ m m o a m d o c o m o Y m a c Yy m N O u N ry c y N a rq Ir N Ul `1 a C N o N zof O O U z C O O L z C N O d za N N 10 N oK N M U o N O 1 L o N N an d oa W W W U U U W U Beginning Balance (feet and acres) 1,392.00 0.026 Beginning Balance (mitigation credits) 556.80 0.013 NCDOT Pre-DMS Debits (feet and acres): Not Applicable DMS Debits (feet and acres): DWR Permit No USACE Action IDs Impact Project Name 2005-0688 2005-21057-201 East Alamance Quarry 779.67 0.026 NCDOT TIP U-2524BA / BB - 2001-1318 2002-21216 Greensboro Western Loop 557.87 2005-1986 2009-00106 Legend Oaks Lots 3-5 29.30 2014-0059 2014-00268 Green Hope Crossing SD 25.16 Remaining Balance (feet and acres) 0.001 0.00 Remaining Balance (mitigation credits) 0.001 0.000 Information from DIMS Debit Ledger dated 05/17/2017 APPENDIX D: Additonal Data Buffer Width Analysis : Areas in red less than 50 feet = 14 % of channel length wqtt-L. single sided easement removedZAA i ource. 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