HomeMy WebLinkAbout20060200 Ver 2_401 Application_20100608
June 7, 2010
JR@fg?Owqqy
Ian McMillan, 401 Coordinator
Division of Water Quality JUN - v 2010
401 Wetlands Unit
1650 Mail Service Center ftUjS1AMOW_ ?5 TERQU,Lin,
Raleigh, NC 27699 - 1650 OUMATERIRANC4
Re: Permit Modification / Reapplication- Five-Mile Branch Stream and Wetland Restoration
Project, Iredell County
Dear Mr. McMillan:
DWQ granted the 401 certificate for Five-Mile branch stream and wetland restoration project on
February 22, 2006. However, the project was redesigned due to NC DOT's objection to waste
soils on I-40 right of way. The mitigation approach was dropped from restoration to
enhancement to minimize the amount of grading. EEP is seeking to modify the existing 401
certificate or issue a new permit for the project.
Attached for your review are two copies of mitigation plans for redesigned Five-Mile Branch
stream and wetland restoration project in Iredell County. Please feel free to contact me with any
questions regarding this plan (715-7571).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: Five-Mile Branch Stream and Wetland Mitigation Plan (2 originals)
401 Certificate dated 2-22-2006
CD (electronic files)
NCDENR
North farolina Ecosystem Enhancement Program, 1652 Mail Service [enter, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes N No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:
? Yes N No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Five-Mile Branch Stream and Wetland Restoration Project
2b. County: Iredell
2c. Nearest municipality / town: Cool Springs
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: NCEEP
3b. Deed Book and Page No. Book 1357, Page 720-731
3c. Responsible Party (for LLC if
applicable):
2010
3d. Street address: 2728 Capital Blvd, Suite 1 H 103
3e. City, state, zip: Raleigh, NC27604 I)EM.WATER OJ
ss
3f. Telephone no.: mi
919-715-7571
3g. Fax no.: 919-715-2219
3h. Email address: lin.xu@ncdenr.gov
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 4758923105
1 b. Site coordinates (in decimal degrees): Latitude: 35.8445 Longitude: - 80.7735
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 229 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Beaver Creek and Fifth Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Yakin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Forest Land and agricultural
3b. List the total estimated acreage of all existing wetlands on the property:
1.9
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
14072
3d. Explain the purpose of the proposed project:
Restore and stabilize degraded portions of the stream, provide buffers, fill existing ditches to restore wetland hydrology.
3e. Describe the overall project in detail, including the type of equipment to be used:
Track hoes and dump trucks will be used to enhance 13,182 ft. of stream.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / El Yes ? No ® Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ARCADIS G&M of NC, Inc
Name (if known): Robert Lepsic Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The pervious Nationwide 27 permit was issued on May 9, 2006. The action id is 2006-32059-349. And pervious 401
certificate was granted by NC DWQ on February 22, 2006. The 401 certificate id was 06-0200. The 401 and 404 granted
EEP to impact approximately 13,000 If of existing streams associated with the restroation of approxiately 7,752 If of
Beaver Creek and unnamed tributaries and the restoration of approximately 10,088 If of Fifth Creek and unamed
tributaries. The proposal also included plans to restore approximately 1.9 acres of wetland. The approved 401 and 404
are attached. However, the project was redesigned due to NC DOT's objection to waste soils on I-40 right-of-way. The
current proposed design calls for enhancement approach instead of the restoration approach as originally proposed. See
the new mitigation plan for detail.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T Enhancemnet I Beaver Creek ® PER
? INT ® Corps
® DWQ 26.7 6220
S2 ? P ®T Enhancement I Fifth Creek ® PER
? INT ® Corps
® DWQ 30.7 6962
S3 ? P ®T ? PER ? Corps
? INT ? DWQ
S4 ? P ®T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 13182
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
T? Yes ? No If yes, permit ID no
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporarv (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact I Zone 2 impact
(square feet) (square feet)
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Limit the grading activities within the limit of disturbance area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Follow the approved sediment control plan , seed mulch and plant.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? %
2b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply [:1 HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
® Yes
? No
letter.)
Comments: see mitigation plan
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a . Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewat er generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ® No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ® Yes ? No
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ®Yes ? No
8b. If yes, explain how project meets FEMA requirements: Fooodplain development permit is already obtained for this project.
8c. What source(s) did you use to make the floodplain determination? HEC-RAS
Lin Xu 6/4/2010
ApplicanUAgent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.) Date
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Version
o?wAr?R?6
Q '<
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2006
DWQ# 06-0200
Iredell County
Mr. Lin Xu
Ecosystem Enhancement Program (EEP)
1652 Mail Service Center
Raleigh, NC 27699
Subject: File Mile Creek Stream Restoration Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Xu:
You have our approval, in accordance with the attached conditions and those listed below, to impact
the following streams/wetlands in order to complete the stream restoration/enhancement project of Five Mile
Creek in Iredell County, as described in your application received by the Division of Water Quality (DWQ) on
February 3, 2006:
• Beaver Creek - 5925 linear feet (If)
• UT to Beaver Creek - 400 If
¦ Fifth Creek - 6610 If
• UT to Fifth Creek - 600 If
¦ Wetlands -1.9 acres
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3495, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 27 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well
as the additional conditions listed below:
1. If the design of the project changes or if the project is not constructed according to the design then this
approval is no longer valid and plans must be resubmitted per General Certification 3495.
2
Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards. Npo°?enCarolina
Jvatura!!r?
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
An Equal 0pportunitylAffinative Action Employer- 50% Recycled/10% Post Consumer Paper
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
4. Continuing Compliance. The applicant (EEP, Lin Xu) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID: 2006-32059-349
May 9, 2006
R r- P, :
, u .a, vs?
RE MAY Ion
NC ECOSYSTEM
ENHANCEMENT PROGWUM
Mr. Lin Xu,
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1619
Dear Mr. Xu:
Please reference your Stream and Wetland Restoration Report for Five-Mile Branch, Iredell
County, North Carolina, submitted to the Corps February 8, 2006. This report includes a
proposal to impact approximately 12,000 if of existing stream associated with the restoration of
approximately 7,752 If of Beaver Creek and unnamed tributaries and the restoration of
approximately 10,088 If of Fifth Creek and unnamed tributaries. The proposal also includes
plans to restore approximately 91 acres of bottomland hardwood forest. The proposed project
area is located along the south side of Interstate 40 east of Statesville.
The Code of Federal Regulations (CFR) published in the Federal Register on
January 15, 2002, as amended by the February 13 and 15, 2002, Register notice of corrections
lists, for the purposes of the Corps of Engineers' Regulatory Program, nationwide permits. The
Corps has determined, after review of your plan, that work within jurisdictional waters
associated with the stream restoration proposal is authorized by nationwide permit # 27 provided
it is accomplished in strict accordance with the attached General Conditions and Special
Conditions. This nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval and this verification will expire on March 18, 2007, unless the
nationwide authorization is modified, reissued or revoked.
We have concern however, regarding the proposed 91.4 acre wetland restoration component
of the project. The soils in the proposed wetland restoration area appear to be predominately
Chewacla series. In our experience, wetland restoration/creation projects undertaken on
Chewacla soils have been, at best, marginally successful. The presence of Chewacla soils, as
you are aware, does not always indicate the present or past existence of wetland conditions.
Chewacla soils are typically classified as hydric based on frequent flooding for long duration;
those Chewacla soils not experiencing a sufficient flooding regime would not be considered
hydric and are not likely to develop wetland criteria. While your plan does call for raising the
stream beds, the majority of the work proposed to bring about the restoration of wetland
hydrology involves filling existing drainage ditches. The site hydrological information provided
2
in your proposal does not clearly indicate this work will be sufficient to bring about the
establishment of wetland conditions. Further, your proposal does not include specific success
criteria for use in documenting the establishment of wetland conditions. Therefore, until further
information supporting the potential success of the proposed wetland restoration efforts can be
provided, EEP should not use the any proposed wetland credits from this project to offset present
or future impacts.
Thank you for your time and cooperation. Please feel free to contact me at (828) 271-7980
ext. 222 if you have any questions.
Sincerely,
Tom Walker
Chief, Asheville Regulatory Field Office
Enclosures
Copy Furnished
Jeff Jurek
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1619
Marc Recktenwald
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1619
John Domey
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Becky Fox
US Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
3
Marella Buncick
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Gary Jordan
US Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
David Cox, Technical Guidance Supervisor
NC Wildlife Resources Commission
1141185 Service Road
Creedmore, North Carolina 27522
Steve Sollod
NC Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Jim Borawa
NC Wildlife Resources Commission
37 New Cross North
Asheville, North Carolina 28805