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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 o?OF W A rFg I 1 >_ ? oL.P - oQuflo v?. 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