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HomeMy WebLinkAbout20180196 Ver 1_Year 0 Monitoring Report (Buffer) 2020_20200722ID#* 20180196 Version* 1 Select Reviewer:* Erin Davis Initial Review Completed Date 07/22/2020 Mitigation Project Submittal - 7/22/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* V Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jeremiah Dow Project Information .................................................................................................................................................................. ID#:* 20180196 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Catfish Pond Mitigation Site County: Durham Document Information Email Address:* jeremiah.dow@ncdenr.gov Version: *1 Existing Version Mitigation Document Type:* Mitigation As -Built Plans File Upload: CatfishPond_100039_Buffer MYO_2020.pdf 9.38MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Jeremiah Dow Signature:* Buffer Baseline Monitoring Report July 2020 CATFISH POND MITIGATION SITE Durham County, NC NCDEQ Contract No. 007424 DMS ID No. 100039 DWR Project Number 2018-0196 Neuse River Basin HUC 03020201 RFP #: 16-007279 a:7:1]_10:111tik; NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 PREPARED FOR: PREPARED BY: BUFFER BASELINE MONITORING REPORT CATFISH POND MITIGATION SITE Durham County, NC NCDEQ Contract No. 007424 DMS ID No. 100039 Neuse River Basin HUC 03020201 NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Wft., W ILDLANDS ENGINEERING Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 This Baseline Monitoring Plan has been written in conformance with the requirements of the following: • 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Chris Roessler, Project Manager Daniel Taylor, Construction Administrator John Hutton, Principal in Charge Tasha King, Monitoring Lead Jason Lorch, Baseline Monitoring Plon Andrea Eckardt, Lead QuolityAssuronce TABLE OF CONTENTS 1.0 Mitigation Project Summary....................................................................................................1 1.1 Project Goals................................................................................................................................. 1 1.2 Pre -construction Site Conditions.................................................................................................. 1 2.0 Determination of Credits.........................................................................................................2 3.0 Baseline Summary...................................................................................................................2 3.1 Parcel Preparation........................................................................................................................ 2 3.2 Riparian Area Restoration Activities............................................................................................. 2 3.3 Riparian Area Enhancement Activities......................................................................................... 3 4.0 Annual Monitoring and Performance Criteria...........................................................................3 4.1 Vegetation.................................................................................................................................... 3 4.2 Overview Photographs................................................................................................................. 4 4.3 Visual Assessments.......................................................................................................................4 4.4 Annual Reporting Performance Criteria.......................................................................................4 4.5 Maintenance and Contingency Plans........................................................................................... 4 5.0 References..............................................................................................................................5 APPENDICES Appendix 1 General Figures and Tables Figure 1 Project Vicinity Map Figure 2 Service Area Map Figure 3 Project Component/Asset Map Figure 4 Catfish Pond II Mitigation Bank Parcel Site Map Figure 5 Monitoring Plan View Map Key Figure 5a-b Monitoring Plan View Map Table 1 Buffer Project Attributes Table 2 Buffer Project Areas and Assets Table 3 Monitoring Components Appendix 2 DWR Correspondence NC Division of Water Resources - Site Viability for Buffer Mitigation and Nutrient Offset Letter — March 13, 2018 Appendix 3 As -Built Survey Appendix 4 Overview Photographs Appendix 5 Permit Approvals Appendix 6 Vegetation Plot Data Table 4 Planted and Total Stem Counts Vegetation Plot Photographs Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page i July 2020 Mitigation Project Summary The Catfish Pond Buffer Mitigation Site (Site) is a riparian restoration project located in Durham County approximately 12 miles north of the City of Durham and approximately 3 miles east of the Orange County/Durham County border (Figure 1). Figure 2 depicts the service area of the Site which includes the Falls Lake watershed in the Neuse river basin. A conservation easement comprised of 20.73 acres along Catfish Creek and three unnamed tributaries was recorded on the Site (Figure 3). Before construction, the majority of the Site was used as cattle pasture, with some forested riparian areas. In addition, Catfish Pond was a significant source of degradation on Catfish Creek. The project is expected to generate 523,358.865 riparian buffer credits. The Site is within Hydrologic Unit Code (HUC) 03020201020040 and North Carolina Department of Water Resources (NCDWR) Sub -basin 03-04-01. Two unnamed tributaries (UT1 and UT2) drain to Catfish Creek, which drains to Mountain Creek, and one unnamed tributary (Mountain Tributary) drains directly to Mountain Creek. Mountain Creek flows into Little River, the Eno River, and then Falls Lake. Falls Lake is classified as water supply waters (WS-IV) and nutrient sensitive waters (NSW). 1.1 Project Goals The major goals of the riparian restoration project are to provide ecological and water quality enhancements to the Neuse River Watershed within the Falls Lake Water Supply Watershed by creating a functional riparian corridor and restoring the riparian area. The project supports specific goals identified in the 2010 Neuse River Basin Restoration Priorities Plan (RBRP) for the Neuse River Targeted Local Watershed (TLW). This document highlights the importance of riparian buffers for stream restoration projects. Forested riparian areas immobilize and retain nutrients and suspended sediment. The RBRP also supports the Falls Lake watershed plan. Falls Lake is the receiving water supply water body downstream of the Site and is classified as WS-IV and NSW. Specific enhancements to water quality and ecological processes are outlined below: • Exclude cattle from project streams — Fencing has been installed around project areas adjacent to cattle pastures. • Decrease nutrient levels — Filtering runoff from the agricultural fields through restored native riparian zones. The off -site nutrient input is absorbed on -site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. • Decrease water temperature and increase dissolved oxygen concentrations — Riparian areas will create additional long-term shading of the channel flow to reduce thermal pollution. • Restore and enhance native floodplain vegetation — Planted native tree species in riparian zone where tree growth was insufficient. • Permanently protect the project Site from harmful uses — Established a conservation easement on the site. 1.2 Pre -construction Site Conditions The riparian restoration project includes 20.73 acres of cattle pasture and riparian forest along Catfish Creek and the three unnamed tributaries that drain into the Neuse River Basin. Prior to construction, the primary degradation of Catfish Creek was the creation of Catfish Pond sometime between 1940 and 1955. In that same time period extensive logging and farm road construction also took place. Aerial photographs from 1972 suggest that UT1 had been straightened for agricultural purposes. Catfish Creek above and below the pond, UT2, and Mountain Tributary showed few signs of channel manipulation. Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page 1 July 2020 Two unnamed tributaries (UT1 and UT2) drain to Catfish Creek, which drains to Mountain Creek, and one unnamed tributary (Mountain Tributary) drains directly to Mountain Creek. Catfish Creek, UT1, UT2, and Mountain Tributary are all jurisdictional streams. The buffer project attributes are listed in Table 1, located in Appendix 1. On May 13, 2018, NCDWR conducted on -site determinations to review features and land use within the project boundary. The resulting NCDWR site viability letter and map confirming the Site as suitable for riparian buffer and nutrient offset mitigation is located in Appendix 2. Catfish Creek and the three unnamed tributaries are appropriate for buffer and nutrient offset mitigation as related to the rules set forth in the Neuse Buffer Mitigation Rules: Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers (15A NCAC 02B .0295) and Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0233). Determination of Credits The project is expected to generate 523,358.865 riparian buffer credits, through buffer restoration and buffer enhancement via cattle exclusion, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)). There is also potential to convert some buffer credits to nutrient offset credits, dependent on the need. Mitigation credits are presented in Table 2 and illustrated in Figure 3 (Appendix 1). Calculations are based upon the as -built survey included in Appendix 3. In the Mitigation Plan, 0.1 acres of buffer restoration credits were removed around Ditch D because it did not meet the requirement to maintain diffuse flow throughout the buffer. With the addition of Catfish Pond II Mitigation Bank Parcel (DWR Project Number 2018-0196v2), this deduction is no longer necessary. The Catfish Pond II conservation easement completely encompasses Ditch D allowing for diffuse flow. Fencing has been installed around Catfish Pond II (Appendix 1, Figure 4). 3.0 Baseline Summary The Wildlands Team restored high quality riparian areas along Catfish Creek and three unnamed tributaries on the Site. The buffer and nutrient offset mitigation took place in conjunction with Catfish Pond Stream Mitigation. The project design ensured that no adverse impacts to existing riparian areas occurred. Figure 3 illustrates the conceptual design for the Site. Detailed descriptions of the restoration activity follow in Sections 3.1 through 3.4. Overview site photographs are included in Appendix 4. 3.1 Parcel Preparation Prior to stream construction, the Site was cattle pasture, with livestock having access to all streams causing streambank erosion. UT1 was also channelized to maximize land use. Catfish Pond was removed during stream construction and the four streams were restored and/or enhanced. The approved permits are included in Appendix 5. During stream construction, invasive plants were targeted and removed to reduce native competition. Soil amendments were added to certain graded areas after construction as directed by soil test results. Amendments included agricultural lime, slow release fertilizer, and soil conditioners (humic acid, organic material, soil biota stimulants). Haul roads and other high trafficked areas were also ripped to a depth of 18" where possible to reduce soil compaction. 3.2 Riparian Area Restoration Activities The revegetation plan for the riparian restoration area included permanent seeding and planting bare root trees. These revegetation efforts were coupled with the select treatment of invasive species to control their population. The species composition planted was selected based on the desired community Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page 2 July 2020 type, occurrence of species in riparian areas adjacent to the Site, and best professional judgement. The total number of tree species planted across the buffer areas are as follows: sycamore (Plotonus occidentolis) 1,207 stems, river birch (Betulo nigro) 927 stems, green ash (Froxinus pennsylvonico) 646 stems, Shumard oak (Quercus shumordii) 646 stems, swamp chestnut oak (Quercus michouxii) 646 stems, willow oak (Quercus phellos) 646 stems, white oak (Quercus olbo) 365 stems, overcup oak (Quercus lyroto) 365 stems, and 55 stems each of arrowwood viburnum (Viburnum dentotum), smooth serviceberry (Amelonchier loevis), and yellow buckeye (Aesculus flovo). Additionally, 350 stems each of silky dogwood (Cornus ommomum) and silky willow (Solix sericeo) and 100 stems of elderberry (Sombucus conodensis) were planted along streambanks. In total, 6,413 stems were planted across the site. Trees were planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. An appropriate seed mix was applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in disturbed areas. This was followed by an appropriate permanent seed mixture. Tree planting was completed in March 2020. Vegetation management and herbicide applications are being implemented as needed during tree establishment in the restoration areas to prevent establishment of invasive species that could compete with the planted native species. 3.3 Riparian Area Enhancement Activities Fencing was used to exclude cattle throughout the entire project as allowed by 15A NCAC 02B .0295(o) and minimal work was done on the streams through the enhancement areas. Fencing was built to incorporate the conservation easement for Catfish Pond II Mitigation Bank Parcel as shown in Figure 4. The enhancement area has been protected in perpetuity under a conservation easement. Annual Monitoring and Performance Criteria The performance criteria for the Site follows approved performance criteria presented in the guidance documents outlined in Request for Proposal (RFP) 16-007279 and the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. The riparian restoration project has been assigned specific performance criteria components for vegetation that will be evaluated throughout the five-year post - construction monitoring. An outline of the performance criteria and monitoring components follows. Monitoring components are included in Table 3 and vegetation plots are depicted in Figure 5 (Appendix 1). 4.1 Vegetation Performance Standards for the Site will be based on the health and survival of a minimum density of 260 trees per acre after five years of monitoring, with a minimum of four native hardwood tree or shrub species composition and no one species comprising more than 50 percent of stems. Height, visual assessment of damage, and vigor will be used as indicators of overall health. Desirable volunteer species may be included to meet the success criteria upon DWR approval. The extent of invasive species coverage will also be monitored and treated as necessary throughout the required five-year monitoring period. Seven fixed 100 square meter vegetation monitoring quadrants were installed across the Site to measure the survival of the planted stems (Figure 5) with a mean of 561 stems per acre (Table 4). Vegetation monitoring follows the CVS-EEP Level 2 Protocol for Recording Vegetation (2008). All planted stems were marked with flagging tape and a reference photograph was taken from the southwestern Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page 3 July 2020 corner of each vegetation plot during vegetation assessments. Each year, trees will be re -marked and plot photos will be taken along with overview photographs of the Site. Appendix 6 includes the baseline (MYO) vegetation plot planted and total stem counts, as well as plot photographs. 4.2 Overview Photographs Photographs will be taken within the project area once a year to visually document stability for five years following construction. Baseline overview photographs are included in Appendix 4. 4.3 Visual Assessments Visual assessments should support the performance standards for each metric as described above. Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species, or encroachment). Areas of concern will be mapped and photographed accompanied by a written description in the annual report. Problem areas will be re-evaluated during each subsequent visual assessment. 4.4 Annual Reporting Performance Criteria Using the Division of Mitigation Services (DMS) Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report Template version 2.0 (2017), monitoring reports will be prepared in the fall of each monitoring year and submitted to DMS. The monitoring period will extend five years beyond completion of construction or until performance criteria have been met. 4.5 Maintenance and Contingency Plans The conservation easement has been properly and accurately marked by adding witness posts with easement placards along the easement boundary and at every corner. Adaptive management will be performed during the monitoring years to address minor issues as necessary. If during annual monitoring it is determined the project's ability to achieve performance standards are jeopardized, Wildlands will notify and work with the DMS/NCDWR to develop contingency plans and remedial actions. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page 4 July 2020 References Breeding, R. 2010. Neuse River Basin Restoration Priorities. North Carolina Ecosystem Enhancement Program. Accessed at: https:Hfiles.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/FINAL%2 ORB RP%20 Neu se%202010_%2020111207%2000 RRECTE D. pdf Lee, M.T., Peet, R.K., Roberts, S.D., & Wentworth, T.R. 2008. CVS-EEP Protocol for Recording Vegetation Version 4.2. Accessed at: http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-lev1-2.pdf Natural Resources Conservation Service (NRCS), 2011. Web Soil Survey. Accessed at: http://websoiIsurvey.nres.usda.gov/app/HomePage.htm North Carolina Department of Environmental Quality, Division of Mitigation Services (NCDMS). 2017. Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report Template version 2.0 Accessed at: https://files.nc.gov/ncdeq/Mitigation%20Services/Document%20Management%20Library/Guidance% 20and%20Template%20Documents/RB_NO_Base_Mon_Template_2.0_2017_5.pdf North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR). 2000. 15A NCAC 02B .0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. Accessed at: http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0233.pdf North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR). 2015. 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. Accessed at: http://reports.oah.state.nc.us/ncac/title%2015a%20- %20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR). 2011. Surface Water Classifications. Accessed at: https:Hdeq.nc.gov/about/divisions/water- resources/planning/classification-standards/classifications#DWRPrimaryClassification Wildlands Engineering, Inc. (2019). Catfish Pond Mitigation Site — Riparian Buffer Mitigation Plan. North Carolina Department of Environmental Quality, Division of Mitigation Services (NCDMS), Raleigh, NC. Catfish Pond Mitigation Site Buffer Baseline Monitoring Report DMS ID No. 100039 Page 5 July 2020 APPENDIX 1. General Figures and Tables Project Location Conservation Easement Catfish Pond Mitigation Site Slate �o+est Rd V Y Y C� D }'F�4rr;s Bahama r +2d n C.�eni9e Hopkins Rd °s r Al �0 'JfoG a 5JO ft G L�le Rives Park 2 c 3 r O n f f GAS 501John Jories/i�t � pp O Y ¢r4 y ', ILI, ir D) r ---,;,4CID l _ O I to N o ,. d � 1 U WILDLANDS 0 0.5 1Miles ENGINEERING I I I I I Figure 1. Project Vicinity Map Catfish Pond Mitigation Site Baseline Monitoring Report (MYO) Neuse River Basin (03020201) Durham County, NC Il I Frx, i lib P? - I" I 1 Upper I nt5a Falls Lake d Watershed j I � j�Hrrtnar j "a j..1 Durham G-t I ur ! oro B Everett Jordan Lake 1 Cary 1 Ape �v Holly pangs �.—..—; County Boundary Service Area - Riparian Buffer Credits (HUC 03020201) Service Area - Nutrient Offset Credits (Falls Lake Watershed) Catfish Pond Mitigation Site Falls Lake �- Watershed w - i Raleigh Knightdale ';Jendel Louisburg 1 4 •��'�. / -. ��.. �• % Selma `rniEMreld / Ra— IJ r1 Fkck �• - date Park 3 �.... �r4i f / iiuies r / Creek Lilhngton Coats f�1 k•t� t� Erwin 969 — [, I Inn �� ♦ ^ % • Walkerlown �f �Y� �,R I-r ltrl L d. r 4e'r 4 I WILDLANDS 0 5 10Miles P ENGINEERING I I I I I d' -MV tf I Figure 2. Service Area Map Catfish Pond Mitigation Site Baseline Monitoring Report (MYO) Neuse River Basin (03020201) Durham County, NC c v! � � ,•.ter 1 �' � O _1111W 11 . 9 -, 4 17- WILDLANDS ENGINEERING } Project Location Conservation Easement Internal Crossing 5 Project Features Project Stream Project Ditch Project Ephemeral Channel } `J Non -Project Stream/Channel Mitigation Approach g pp Buffer Restoration (TOB-49') Buffer Restoration (TOB-50') - Buffer Restoration (51'-100') - Buffer Restoration (101'-200') '' f • •� Buffer Enhancement Via Cattle Exclusion (TOB-50') ► Buffer Enhancement Via Cattle Exclusion (51'-100') Buffer Enhancement Via Cattle Exclusion (101'-200') No Credit tt U Fence ,�a �: A • rf-..- oaf„s `' €Zr. "fir s 1 v 40 A �F �' a Figure 3. Project Component/Asset Map Catfish Pond Mitigation Site 0 400 800 Feet Baseline Monitoring Report (MYO) I I I I I Neuse River Basin (03020201) Durham County, NC Project Location ® Catfish Pond Conservation Easement Catfish Pond II Conservation Easement Internal Crossing 1 Project Stream Project Ditch Project Ephemeral Channel *� Non -Project Stream ' e tt tt Fence � I � •t Il �A01 y�X 4,0 ,� � L✓. 1 ram. k A ra r �� .a 1 �• y- ;�'.fY�-.r., ... , +ifs'-� Figure 4. Catfish Pond II Mitigation Bank Parcel Site Map W I L D L A N D S Catfish Pond Mitigation Site E N G I N E E R I N G 0 250 500 Feet Baseline Monitoring Report (MYO) t� I I I I I t�l Neuse River Basin (03020201) Durham County, NC 4 I W`�WILDLANDS ENGINEERING 0 400 800 Feet I I I I I Project Location Conservation Easement Internal Crossing Project Features Project Stream Project Ditch Project Ephemeral Channel `J Non -Project Stream/Channel Mitigation Approach Buffer Restoration (TOB-49') ' Buffer Restoration (TOB-50') - Buffer Restoration (51'-100') M - Buffer Restoration (101'-200') *� Buffer Enhancement Via Cattle Exclusion (TOB-50') Buffer Enhancement Via Cattle Exclusion (51'-100') tr Buffer Enhancement Via Cattle Exclusion (101'-200') No Credit r ,/s Vegetation Plot `. } tt tt Fence * � :.alp • �: !• 141 , s V i L A 0 Figure 5. Monitoring Plan View Map Key Catfish Pond Mitigation Site Baseline Monitoring Report (MYO) Neuse River Basin (03020201) Durham County, NC Figure 5a. Monitoring Plan View Map WILDLANDS E N G! N E E R I NG 0 200 400 Feet Catfish Pond Mitigation Site Baseline Monitoring Report (MYO) I ! I ! I Neuse River Basin (03020201) Durham County, NC •at •wP♦J®.r�PP.♦PPP P ® rgT.., , • i41 �._" ♦�♦ �... °PPP♦ � v , t ".`a - , t � .r ws r�,:•••sir• was • w♦ " � _-. � ., w 9"+. d4�r1' 4 i�� wlwsc® ., e•.s .91, P,�abe+'.� z� ; � - �' . '3 =- � -v �? `� " � - • � -- '3 : _- ii' f. •� „+ { ` + P�i�►�e°�A`°.- PsrA 1 '41 1 p�P♦ •1 w°♦ ' 9 P° fJP° °�°raci♦g • r � l ..,_� "r 'S- .i,•�°JI"O<rA°19 �°9°♦��9°♦°•°9''^A , •' Y PO 4t r � / e 1•P•CA �f % s -o° ±9�9e♦!� r�' Project Location Conservation Easement ,1 V �i��y, * t Internal Crossing - e•♦s ' ,' �' ',� .♦ P+`�♦ Project Features .. , 't °_ :� �An9e•�♦P° •�P�I:i@' Project Stream y . �� , ` r p�Q,.♦° Pr'• _ y Project Ditch K�a•� �y.,+,+ �_� Project Ephemeral Channel _ l► r Non -Project Stream/Channel L,+ �+ Mitigation Approach Buffer Restoration (TOB-49') Buffer Restoration (TOB-50') ♦PPI; �, r - Buffer Restoration (51'-100') 0 . 1 • w e ' ! 4r , , ' , °+ova° , 7 y Buffer Restoration (101'-200') ' d Buffer Enhancement Via Cattle Exclusion (TOB-50') F- Buffer Enhancement Via Cattle Exclusion (51-100 ) '� Buffer Enhancement Via Cattle Exclusion (101'-200') -- �� = } No Credit = Vegetation Plot 9 Fence Figure 5b. Monitoring Plan View Map ft,,WILDLANDS Catfish Pond Mitigation Site ENGINEERING 0 200 400 Feet Baseline Monitoring Report (MYO) I I I I I Neuse River Basin (03020201) Durham County, NC Table 1. Buffer Project Attributes Catfish Pond Mitigation Site Monitoring Year 0 - 2020 Project Name Catfish Pond Mitigation Site Hydrologic Unit Code 03020201020040 River Basin Neuse Geographic Location (Lat, Long) 36° 9' 48.03" N, 78° 54' 37.66" W Site Protection Instrument (DB/PG) DB8235/776-780 Total Credits (BMU) 523,358.865 Types of Credits Riparian Buffer Mitigation Plan Date July 2019 Initial Planting Date March 2020 Baseline Report Date June 2020 MY1 Report Date December 2020 MY2 Report Date December 2021 MY3 Report Date December 2022 MY4 Report Date December 2023 MY5 Report Date December 2024 Table 2. Buffer Project Areas and Assets Catfish Pond Mitigation Site Monitoring Year 0 - 2020 Project Area ®® ®®®®®Total (Creditable) Area ®®®®®®®® Enter Preservation Credits Below Elieible for Preservation Ift21: 264,402 ®®®®®®®® ®®®® Preservation Area Subtotal (ft2):l o Preservation as %Total Area of Buffer Mitigation: 0.0% Ephemeral Reaches as %Total Area of Buffer Mitigation: 0.0% 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). �m� TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals I Square Feet F Credits Restoration: 257,518 256,105,11 Enhancement: 535,689 266,553.075 Preservation: 0 0.000 Total Riparian Buffer: 793,207 523,358.865 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: I Nitrogen: 0 0.000 FPhosphorus: o.000 Table 3. Monitoring Components Catfish Pond Mitigation Site Monitoring Year 0 - 2020 Monitoring Parameter Quantity Frequency Feature Vegetation CVS Level 2 7 Plots Year 1-5 Photographs and Visual Assessment Semi -Annual Mapping Exotic and Nuisance Photographs and Semi -Annual Vegetation Mapping Photographs and Project Boundary Semi -Annual Mapping Overview Photos Photographs Year 1-5 APPENDIX 2. DWR Correspondence Water Resources ENVIRONMENTAL QUALITY March 13, 2018 Wildlands Engineering, Inc. Attn: John Hutton 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: scott(&waterlandsolutions.com ) ROY COOPER Governor MICHAEL S. REGAN secrelmy LINDA CULPEPPER Interim Director DWR ID# 2018-0196 Johnston County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US-501 (36.158391,-78.907343) Neuse 03020201 (Falls Lake WS) Durham County Dear Mr. Hutton, On February 23, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Wildlands Engineering, Inc. at the proposed Catfish Pond Mitigation Site (Site) in Bahama, NC. The Site is located in the Falls Lake WS of the Neuse River Basin within the 8- digit Hydrologic Unit Code 03020201. The Site is being proposed as part of a full -delivery stream restoration project for the Division of Mitigation Services (RFP #16-007279). Members of the Interagency Review Team (IRT) and Division of Mitigation Services were also present onsite. At your request, on February 23, 2018, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and ditches onsite, which are shown on the attached map labeled "Figure 6A Concept Map". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 15ubiect Riparian Land uses Buffer 2Nutrient iti a2ion Type Determination VIM ri arian areas to Buffer adjacent to Feature Credit Offset Viable Rule at 2,273 0-200' Viable Ibs acre UT1 Stream & Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Wetland (where forested and forested fields .0295 (n) complex stream is non/forested pasture only) Proposed for restored) grazed by cattle Forested Areas- Enhancement Site per 15A stream NCAC 02B .0295 (a) (6) restoration Crossing 1 has impeded flow and Crossing 2 is severely perched with impeded flow. Both crossings need be repaired/replaced. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 Feature Classification 'Sublect Riparian Land uses Buffer 2Nutrient Mitigation Type Determination wlin riparian adlac_e_nt to Feature areas to Buffer Credit Offset Viable Rule ff-ZQ _ Viable at 2 73 Ibs acre D Ditch No Non -forested pasture "See Yes Fields - Restoration Site per 15A NCAC 02B grazed by cattle Note .0295 (n) *The ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. Catfish Stream Yes Combination of Yes° Yes (tan- Fields - Restoration Site per 15A NCAC 028 Creek forested and forested fields .0295 (n) non/forested pasture only) grazed by cattle Forested Areas- Enhancement Site per 15A NCAC 02B .0295 (of (6) Crossing 3 has impeded flow and Reeds to be repo iredlreplaced Catfish In -line pond Yes Combination of *Yes" Yes (non- Fields - Restoration Site per 15A NCAC 028 Pond (proposed forested and forested fields .0295 (n) for stream non/forested pasture only) Restoration) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B.0295 (o) (6) *tf stream channel is created & restored through the pond, the new riparian areas will be viable as a Restoration Site UT2 Stream Yes Mostly forested Yes° Yes (non- Fields - Restoration Site per 15A NCAC 026 pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 1.5A NCAC 02B .0295 (o) illy Mountain Stream Yes Mostly forested Yes, Yes (non- Fields - Restoration Site per 15A NCAC 02B Tributary pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 12. 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the MRCS z NC Division of Water Resources - Methodology and Calculations far determining Nutrient Reductions associated with Riparian Bu-f er Establishment `The area of preservation credit within a buffer mitigation site shall c0111prise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. 'The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). 113 Catfish Pond FuH-Delivery Site Wildlands March 13, 2018 The attached map (Figure GA Concept Map) showing the project site and features was provided by Wildlands Engineering and was initialed by Ms. Merritt on March 13, 2018. There were at least 3 crossings that need to he repaired or replaced to allow for aquatic passage and continuous hydrologic connectively throughout the streams. This letter should be provided in any future stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR. for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. For any areas generating wetland mitigation credit, no buffer or nutrient onset credit can be generated. This viability assessment will expire on March 13, 2020 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-5371 if you have any questions regarding this correspondence. KAH/km Attachments: Figure 5A Concept Map cc: File Copy (Katie Merritt) DMS - Jeff Schaffer (via electronic mail) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch i'<<:: 313 0 No BMP here but can add for buffer/nutrients if criteria met. '� -- ■rrra 1 project Location w! Proposed Conservation Easement BMP Proposed Crossings ,. Existing Streams r Reach Breaks Stream Enhancement II r ►►'i i+rr Stream Restoration All Crossing49 lb Catfish Pond. Embankment, Crossingand Existing to be Removed 6i;'Inrernal Crossing radd this wetland to =/prj area AAA Off f 8( r�irlrl�■s y•, � A.irrrarrrrrrrrrrirra,IRI elsrrririrrriwrrarrrrrirr� r '� Figure 5A Concept Map (Option 1) W I L D L A N D S 0 500 Feet �j ` Catfish Pond Mitigation Site E N G] N E E R I N G E `�`—fVeuse River Basin 03020201 na� Durham County, NC �� T APPENDIX 3. As -Built Survey DocuSign tnveiope iu: 1ptt5/rVVJ-tJlpu-400m-yUIto-r-mom uI /AuL CERTIFICATE OF SURVEY AND ACCURACY PHILLIP B. KEE JACK B.PENNY,JR.,RICHARDP.PENNY&GARYW.PENNY NAD83vrcin I, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER I PIN:0828-02-50-6117 NAD83 (2011) MY SUPERVISION, IS AN ACCURATE CALCULATION OF THE BUFFER AREAS AND IS L_ — — — BASED ON THE DIGITAL AS —BUILT CONDITIONS DATA DATED APRIL 14, 2020 BY KEE — — — — — — — — — — — — — MAPPING AND SURVEYING, THE EXISTING CONDITIONS DATA DATED SEPTEMBER 26, / — — —.0 o- 2018 BY KEE MAPPING AND SURVEYING, THE EASEMENT BOUNDARY AS RECORDED IN / (�o00 PB 201 PGS 153 & 154 OF THE DURHAM COUNTY REGISTER OF DEEDS OFFICE AND / ���P�� 0000° INFORMATION PROVIDED BY WILDLANDS ENGINEERING INC; THAT THE BOUNDARIES NOT / 00, 0 000°og 0000° SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION AS REFERENCED; AND THAT ° o oo°o'o° THIS PLAT DOES NOT REPRESENT AN OFFICIAL BOUNDARY SURVEY AND IS ONLY FOR / 0000 00 ° 000 ooo THE PURPOSE OF DEPICTING THE RIPARIAN BUFFER AREAS. °o 000 o0 0000°° / oo 0000 f °0000 o° o0 0 o 00 o o / 0000 000 "oo 'loll no "0000° 0000 0 o, no l00000 0000 o°0000 o ' / �o n 0°000 0o0 , oOono o°ono °o° ° / o 0 0 0 0 000 voo 0. o°o°vo °° o / oo oo o°o°o°O°o7� 0 0000 / ALBERT F.TERRY / JACK B. PENNY, JR., RICHARD P. PENNYBGARYW. PENNY PIN:0827-01-39-6106 / A� �T� PIN:0827-02-68-0515 / �o°o y ----- / ov° "000 o°o 0000°° &F'00000 o no l0000 'loll C, o 0 0 , r /'OiS, 'loll ° °°°°°v°v F� / GPC ��o-vv°vov000000no °° o 00 °°° ' it 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN US ° ° ° ° ° ° ° o° ° ° ° ° / �oo °° SURVEY FEET. THE AREA SHOWN HEREON WAS COMPUTED vv° 00000°°000000''. {' ° °°00000 / o o 00000°0 0 00000 o° �, o° 'lo '°° o°o°o°on 0 00000 USING THE COORDINATE COMPUTATION METHOD. \ ° ° ° 'loll °o °0000 ° ' / o 0 o rF' 0000 0- 0 0 0�'0 �, F o °,{,{,h °v°o - 0 0 ; , , , ; 2. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS —BUILT no ° °00000 0 00 ' ' ' ' ' 00000 AREAS FOR RIPARIAN BUFFER CREDITS WITHIN THE / n o 0 00000° 00 0, CONSERVATION EASEMENT. THIS PLAT IS NOT A BOUNDARY / °0000 SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES / °oono AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT °+° .o o°o°o°o / 'l° o 00000 CHANGED BY THIS PLAT. on 'loll °n°°° 3. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINE AND / oo ' WERE TAKEN FROM INFORMATION REFERENCED HEREON. / 'oo o ,' 4. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). s: 5. SEE CONSERVATION EASEMENT MAP RECORDED IN PLAT BOOK / — — — — — — — — — — — — — — — — — — — — 201 PAGES 153-154 IN THE DURHAM COUNTY, NC REGISTER OF / — — — — — — — DEEDS OFFICE. 6. BUFFER AREAS ARE BASED ON THE DIGITAL AS —BUILT / CONDITIONS DATA DATED APRIL 14, 2020 BY KEE MAPPING / AND SURVEYING, THE EXISTING CONDITIONS DATA DATED / o ' SEPTEMBER 26, 2018 BY KEE MAPPING AND SURVEYING, THE JACKB.PENNv,JR., RICHARD P. PENNY BGARYW.PENNY EASEMENT BOUNDARY AS RECORDED IN PB 201 PGS 153 & / PIN:0827-02-67-0407 Job o 0 154 OF THE DURHAM COUNTY REGISTER OF DEEDS OFFICE AND / �� ° °°o INFORMATION PROVIDED BY WILDLANDS ENGINEERING INC. / o00 00 0000 RIPARIAN BUFFER: SO. FT. ACRES / 00000u� BUFFER RESTORATION / 0000000 0'-49' (MIN 30') 4,369 0.10 BUFFER RESTORATION 0'-50' (MIN 30') 203,644 4.68 / on o° BUFFER RESTORATION 48,442 1.11 / o'vvv° 000 o° 50'-100' / 0000 °0000 BUFFER RESTORATION 100'-200' 1,063 0.03 / *; °° CATTLE EXCLUSION 481,652 11.06 0'-50' CATTLE EXCLUSION 50,182 1.15 �� / — 50'-100' L vo. CATTLE EXCLUSION 09 0— — — — — — 0000 3,855 0.° 100'-200' _ NO CREDIT AREA 109,428 2.51 JAMES L. O'BRIANT 8 WIFE, KAY P. O'BRIANT TOTAL CE AREA 902,635 20.73 PIN: 0827-02-56-5373 WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, AND SEAL THIS — 1ST--- DAY OF ----JUNE ---, 2020, A.D. eCAR® e o L- 4 6 4 7 e s DocuSigned by: E-1 ®®®/ 4A7692407 Ip Boo ®®® ®®®®�IICOIBV4�4®®® PHILLIP B. KEE, PLS L-464, SURVEYOR NOTES VICINITY MAP (NOT TO SCALE) 0 _J W 0 0 \\ Lu SITE AHOPKINS,.RD D1v RD STATE FOREST RD � D N x G9�`,pq, , n T x �O �O �a �P� I HN JON p ES RD O 0? 0110 PGjORY FiD p 3 0 0 THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. 47-30 MAPPING REQUIREMENTS. cqT� 0000° y �� 0000 o0 oo0 0 0000 00000 o'l o 0 0 00000 °00000 vo 1, o° o 00000 ' °o o 0000 on 0 00o 00 000000�0 o0°0000°no �o_o_o_o�o � LEGEND I 'YVONNE MCFARLAND PIN:0827-02-78-4579 \ �oG on °o CE CONSERVATION EASEMENT — CE-XS — CONSERVATION EASEMENT CROSSINGS — — — — PROPERTY LINE AS -BUILT SURVEY OF BUFFER AREAS FOR WILDLANDS ENGINEERING INC. CATFISH POND MITIGATION SITE DMS J100039 SPO FILE #32-FO NEUSE RIVER BASIN SITE ADDRESS: 9021 NORTH ROXBORO STREET (US 501), BAHAMA, NC 27503 MANGUM TOWNSHIP, DURHAM COUNTY, NORTH CAROLINA DRAWN BY: LDP, AB CHECKED BY., PBK JOB #1909105 REVISION: DATE., SHEET SIZE: II'X 17 SHEET #. 1 OF 1 SCALE: 1"--300' 0' 300' 600' 900, ONE INCH =THREE HUNDRED FEET P.O. Box 2566 Asheville, NC 28802 (828) 575-9021 www.keenmp.com License # C-3039 APPENDIX 4. Overview Photographs O Catfish Pond Mitigation Site Appendix 4: Overview Photographs O Catfish Pond Mitigation Site Appendix 4: Overview Photographs APPENDIX 5. Permit Approvals ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Dirertnr NORTH CAROLINA Environmental Quality October 1, 2019 DWR # 18-0196 Durham County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street Raleigh, North Carolina 27699 Wildlands Engineering, Inc. Attn: Chris Roessler 312 West Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Catfish Pond Mitigation Site Dear Mr. Xu and Mr. Roessler: You have our approval for the impacts Iisted below for the purpose described in your application dated August 27, 2019, received by the Division of Water Resources (Division) August 28, 2019. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of 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. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] North Carolina Department of Lnvlronmental Quality I D10ston of Water Resources � EQ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 r�mrnc+an., Catfish Pond DWR# 18-0196 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 0 linear Feet 52 linear feet S2 0 112 S3 378 0 S4 0 72 S5 0 51 S6 99 0 S7 97 0 S8 0 35 S9 0 122 S10 0 88 S11 0 69 S12 0 134 S13 0 300 S14 444 0 S15 168 0 S16 0 28 S17 0 27 S18 0 411 S19 0 13 Total 1,186 1,514 404 401 Wetlands W1 0.0086 acres 0.0691 acres W2 0.0564 0 W3 0 0.0032 W4 0.0156 0 W5 0.0046 0 W6 0.1327 0.3357 W7 0 0.0032 Total 0.2179 0.4112 Open Waters 01 0.597 acres 0 acres Total 0.597 0 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Catfish Pond DWR# 18-0196 Page 3 of 4 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .05O7(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC O2H _O500(h)] 4. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .O506(h)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:/�www.ncoah.cam/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:0Oam and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Catfish Pond D W R# 18-0196 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Mac Haupt at 919-707-3632 or mac.hau t ncdenr. ov if you have any questions or concerns. Sin erely, dwe- Mac Haupt, 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 180196CatfishPond(Durham)_401_ approval Itr.October 1, 2019.docx U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00424 County: Durham U.S.G.S. Quad: Rougemont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee Address: Telephone: NC Division of Mitigation Services Attn: Mr. Tim Baumgartner 217 West Jones Street, Suite 3000A Raleigh, North Carolina 27603 919-707-8319 Permittee: Address: Telephone: Wildlands Engineering, Inc. Attn: Chris Roessler 321 West Millbrook Road, Suite 225 Raleigh, NC 27609 919-851-9986 x111 Size (acres) 20.73 acres Nearest Town Bahama Nearest Waterway Mountain Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 36.162562 °N Longitude:-78.910068°W Location description: The NCDMS 20.73-acre Catfish Pond Mitigation Site includes Catfish Creek and three of its tributaries. All drain to Mountain Creek. The site is located in Durham County, North Carolina, approximately 12 miles north of the city of Durham and 3 miles east of the Orange County/Durham County border. PIN: 0827-02-67-0407, 0827-02-58-9864, 0828-04- 50-5560_ Description of projects area and activity: The co -applicants, NCDMS and Wildlands Engineering, Inc, have requested a Denartment of the Armv nermit authorization to discharge dredged and/or fill material into waters of the United States associated with the NCDMS Catfish Pond Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 2,700 linear feet of stream channel and 0.6291 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Comnensatory mitigation is NOT required in coniunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS 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 August 27, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. 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 Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. SAW-2018-00424 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 Kimberly Browning, 919.554.4884 x60. Corps Regulatory Official: Date: October 3, 2019 Expiration Date of Verification: March 18, 2022 SAW-2018-00424 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Catfish Pond Mitigation Site (SAW-2018-00424). Table 1 Pr000scd imvacts invcritory la- %N?k'hsecbnrs we -re comVeted below fof yntr pm eel @the k al t#atappty;: ® w-etlanas 0strearns-ttttularias ❑ Ewffers Do", wale rs ❑ Flo nd-rommrucion Table i VkHand lrrMpaea If them ere wfdtWrrd inipacLs propased on the see, itien wnplete this quaaiian for each wetland area Ii-vaned. 1a. 1b le. 1d. 1e. 1f. Watiand kr;pact I I 7ypa of posdcbw ri unter- Type ofimpacl -'" of vwmand Forested (C&#s-404. 10 Arba of inVatA Permanent fl)8t 1 (if knMn) OVWC3-rranA04, cd'h&5 (allss� Temanranr iT VV1-1Ned2m w4 Z F. [I T Ezt avatrcn Hea�►at�e st Fore Yes ❑ No OCorps bV� Q.006 � 11 1 - Wfdaiid M Rnodpla ui Weacwaier Faes1 ❑ Yes Caps 1} f]@91 D P E)7 Grading W -1ltai Q W ElYm DWO 3NP 4.4564 W2—WgyLtAmd ® P ❑ 7uta,rad;ari Ffesnwatef Main ❑ No ❑ DWa Vw3-waumd Y F"llain Headvatef Forest 0 Yes OCaps 0.0032 [IP ® T Gfxdmg p Na 0 DWO VWA-Vwetland VM Flo dpiain Heaewadef Faest Yes ❑ Caps a.G156 F) P ❑ T Grading Temporary Crossing Flncrdptain Headnateir Kamst HeadWger Kooesl ❑ No 0 Yes ❑No Q Yes 2 CYWO MCorps ODWO @ Caps Q.0046 i}.3357 W5- WOW rid D ❑P❑T V46-Wetiand A [I P, 14 T Gtadin9 Ewf r�tinn (emMJent) Hea&atw Forest No ❑ Yes O DWO ® Caps 0.132 r W6-V4e and A Ia P [IT ford Cr=kV ( ige trl) Na Yes DV 4 �Cnaps VM7-V4raumd Cb [5 P OT C+aoan,nMission I Headwater Foram ❑ Nor ❑ l� 0.0032 2& TotialVrettaW ir"ac15 0.6.Ni 7 t,. Gdrn n,rirlts. 4f*rtvds 14iMkn the v"X aE8 7Y he LaW6d with aalelW Truce d ungq cmatruclio q Ia prHe'It =r &I&d impacts. 51mrn UnpaGts VtMrAare VerkiINACm ilfl-8rt'niltintstreamimpacts(irtdudn€Wn &afylnVaCL:S) wupoSedWthe 41.9,lhelltxa1rdirLPIli Is �rJ� iru i, f{n al I stun, gdtt nijAeAd. Stream impact Type Of rny]ixi Strew„ Ile me P13MIV,i21 Type of Eurisdir'tion Avarage 111„Vat ,xintbef (PF=H)or (Cofps-404, 10 *1 darn Iwifth Pem,aIva IA {P) or intarmilter& O— M114N, vridLh (Iint,ar T13nvu!aIVM {NT)F ORMeA ( qeo Bret} S1 ❑; P ® T S2 ❑ P ® 1 S3 ®P❑T S4 ❑PET -95 LIP !a-f �tdi711v_aLrall Stabi lvat;x, Fia Ine" iM Stall k afore inn LbAiDt, GatfiS#t Lek ❑ PER ❑ IN7 ® Carps 0 NYC [:offish isMeek Z PER @ Corps Z CCtps - ® QV4(� OCorps Galfi3h T-'MtR 14#5-ER 131NT CatF hC,eeK 0 pr:R El INT 0 DWO 0 Cn,ps 0 DwC CatriSh Creak ❑ PER DINT 3.3 52 5.8 112 7.0 37i8 DA 72 fi.4 51 SAW-2018-00424 Stream Impacts Continued S5 OPEIT -tWocal,dn cainso Creak p [J INT coops G1 two 99 97 ❑ P ❑ T R docatm Catffsh Cmk ❑ PEA ❑ INT O°rps D1w0 S7 S8 []PUT SPOINYLallhr" Catfish Creak B p N ❑ INT � r�WO r3wo 1.5 35 ❑P [9T stab&nlla, i Catfish Creek 17 I 7.9 122 91fl ❑ P Ei,r statyleaborl Catfr:ih Creek PAR Gorr 7.9 p INT awo 8g S11 O P C I StabOiLaWn Catfish CfWk ❑ Pri� 0 COTS 7.9 ❑ lNT (a DWO 00 S12 ❑ P (0 T gta bftaUan -- - -- U T1 ® PEA: Warps 7 DINT 0DWO 134 30D 813 ❑ P01 SfaMpAtho UT1 PNT ER � 7 514 0 P❑ T Relac"n Lrri I PEA � � cap& ❑ INT 1rwO 19.1 I 444 S10 0 P ❑ T RdomSw U-r1 0 P5-R 14 corps DINT 0 71 168 s1$ ❑POT Sta biilzaw-5 Lrt2 IJPE 4 J$ 28 0 ! ! ® S17 ❑ p m T St blk alion Mountah Tab � Pi=#t INT 0 Corps 0 bvw0 7.5 21 S18 [I POT SiaWkntk]" mountain rent, Ea 0 corps �F11 PER O NT S15 ❑ P 0 T StaidYzato" Wajltmi trdh I❑ P l s j� INt 0WO 7.5 13 11. TvtW stream and bi buta ry im pa dt I 2.7m 1 x Stmam manna per F" 3 SI& 1 in PJD. - -- -- *Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result in a net gain in Waters of the US. SPECIAL CONDITIONS 1. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Catfish Pond Mitigation Site" dated July 18, 2019 is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2. This Nationwide Permit verification does not imply suitability of this property for compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during the permit review process for that project. SAW-2018-00424 COMPLIANCE CERTIFICATION Action ID Number: SAW-2018-00424 County: Durham Permittee: NC Division of Mitigation Services Wildlands Engineering, Inc. Attn: Mr. Tim Baumgartner Attn: Mr. Chris Roessler Project Name: NCDMS Catfish Pond Site Date Verification Issued: October 3, 2019 Project Manager: Kim Browning Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Regulatory Division Mitigation Office Attn: Kim Browning 3331 Heritage Trade Drive, Suite 105 Raleigh, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. 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 APPENDIX 6. Vegetation Plot Data Table 4. Planted and Total Stem Counts Catfish Pond Mitigation Site Monitoring Year 0 - 2020 Current Plot Data (MY0 2020) Scientific Name Common Name Species Type VP 1 VP 2 VP 3 VP 4 VP 5 PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T Aesculus sylvatica Painted Buckeye Shrub Tree 1 1 1 1 Betula nigra River Birch Tree 1 1 1 1 1 1 Froxinus pennsylvanica Green Ash Tree 2 2 2 3 3 3 Platanus occidentalis Sycamore Tree 4 4 4 7 7 7 3 3 3 8 8 8 2 2 2 Quercus alba White Oak Tree 1 1 1 1 1 1 1 1 1 2 2 2 Quercus lyrato Overcup Oak Tree 1 1 1 3 3 3 1 1 1 2 2 2 Quercus michauxii Swamp Chestnut Oak Tree 2 2 2 1 1 1 Quercus phellos lWillow Oak Tree 5 5 5 3 3 3 1 1 1 3 3 3 Quercusshumordii IShumardOak Tree 1 1 1 1 3 3 3 2 1 2 2 1 1 1 Stem count size (ares) size (ACRES) Species count Stems per ACREI 14 14 14 15 15 15 12 12 12 12 12 12 13 13 13 1 1 1 1 1 0.02 0.02 0.02 0.02 0.02 6 6 6 6 6 6 5 5 5 5 5 5 6 6 6 567 1 567 1 567 1 607 1 607 1 607 1 486 1 486 1 486 1 486 1 486 1 486 1 526 526 526 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% PnoLS - Planted Stems Excluding Live Stakes P-all - All Planted Stems T -All Woody Stems Table 4. Planted and Total Stem Counts Catfish Pond Mitigation Site Monitoring Year 0 - 2020 Current Plot Data (MYO 2020) Annual Means Scientific Name Common Name Species Type VP 6 VP 7 MYO (2020) PnoLS P-all T PnoLS P-all T PnoLS P-all T Aesculus sylvatica Painted Buckeye Shrub Tree 1 1 1 Betula nigra River Birch Tree 7 7 7 9 9 9 Froxinus pennsylvanica Green Ash Tree 2 2 2 2 2 2 9 9 9 Platanus occidentalis Sycamore Tree 6 6 6 6 6 6 36 36 36 Quercus alba White Oak Tree 1 1 1 1 1 1 7 7 7 Quercus lyrato Overcup Oak Tree 1 1 1 8 8 8 Quercus michauxii Swamp Chestnut Oak Tree 1 1 1 4 4 4 Quercus phellos lWillow Oak ITree 4 4 4 16 16 16 Quercusshumordii IShumardOak ITree 1 7 1 7 7 Stem count size (ares) size (ACRES) Species count Stems per ACREI 15 15 15 16 16 16 97 97 97 1 1 7 0.02 0.02 0.17 6 6 6 4 4 4 9 9 9 607 1 607 1 607 647 647 647 561 561 561 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% PnoLS - Planted Stems Excluding Live Stakes P-all - All Planted Stems T -All Woody Stems VEGETATION PLOT PHOTOGRAPHS VEG PLOT 1(0312612020) 1 VEG PLOT 2 (0312612020) 1 VEG PLOT 3 (0312612020) 1 VEG PLOT 4 (0312612020) 1 VEG PLOT 5 (0312612020) VEG PLOT 6 (0312612020) Catfish Pond Mitigation Site Appendix 6: Vegetation Plot Data —Vegetation Plot Photographs F4 Catfish Pond Mitigation Site Appendix 6: Vegetation Plot Data —Vegetation Plot Photographs