HomeMy WebLinkAbout20110187 Ver 1_401 Application_20110211Natural Resource
Restoration & Conservation
February 24, 2011
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
AT TN: John Thomas, Regulatory Project Manager
AtH p,A _1D
SUBJECT: Proposed Implementation of the Summit Seep Wetland Mitigation Project in
Davidson County: Request for Approval Per Nationwide 27
Please find enclosed with this letter the following items:
Pre-construction Notification (PCN) Form (5 ci
• Project Mitigation Plan (5 copies to DWQ);
• Categorical Exclusion Appendix A (per EEP);
• Mitigation Plan Approval Letter from NCEEP;
• Letters to and from SHPO;
• Jurisdictional Determination Forms
)pies to DWQ)`~
FER p, l
The purpose of this letter is to provide you with information concerning the Summit Seep
Wetland Mitigation project located at 35.76140N and -80.33439W. Site lies approximately 5
miles southwest of Lexington, just south of Sam Sharpe Road, which is on the south side of I-85.
Restoration Systems, LLC (RS) is proposing wetland enhancement and restoration at the Site to
assist the North Carolina Ecosystem Enhancement Program (EEP) in fulfilling its mitigation
goals in the Yadkin River Basin Cataloging Unit 03040103. The 14-digit HU
(03040103020010), in which the SITE is located, is designated by the EEP as a targeted
watershed. Goals for this non-riparian project include restoration of wetlands, improvements to
water quality, enhanced flood attenuation and restoration of wildlife habitat within the targeted
watershed. The mitigation plan goes into detail describing how these goals will be implemented,
Pilot Mill 0 1101 Haynes St., Suite 211 0 Raleigh, NC 27604 • www.restorationsystems.com • Phone 919.755.9490 • Fax 919.755.9492
Page 2
February 24, 2011
John Thomas, USACE
including removing and curtailing all activities that result in non-point sources of pollution
associated with agricultural maintenance activities.
The results of these efforts will generate 4.0 non-riparian wetland mitigation units (WMUs) by
restoring 3.914 acres of hydric soil to non-riparian wetland and enhancing 0.186 of existing non-
riparian wetland. This will be accomplished by filling ditches, removing spoil castings,
removing and permanently excluding livestock, redirecting hydrology from a spring across the
Site, and planting with native forest species. The site will be protected in perpetuity with a
conservation easement. Details on soils, physiography, water quality, mitigation work plan,
design parameters, long term management, adaptive management, financial assurances and many
more topics are presented in the enclosed Mitigation Plan.
Protected Species
Based on the most recently (September 2010) updated county-by-county database of federally
listed species in North Carolina as posted by the Fish and Wildlife Service (FWS) at http:Hnc-
es.fws.gov/es/cotintyfr.html, 3 federally protected species (endangered, threatened or threatened
due to similarity of appearance) are listed for Davidson County, including the bald eagle, bog
turtle and Schweinitz's sunflower. Although the bald eagle has been delisted, it remains under
the protection of the bald and golden eagle Protection Act.
Note that the Endangered Species Act of 1973 (ESA), as amended, requires all federal actions to
consult with the FWS under Section 7 of the ESA should potential conflicts between the
proposed action and listed species (those protected by law) potentially exist. This project is
federalized by virtue of funding from the Federal Highway Administration. Species with the
status of FSC are not afforded protection under the ESA.
Habitat for the bald eagle does not occur within the project area, but suitable habitat for the bog
turtle and Schweinitz's sunflower does exist. The bog turtle' status is threatened due to
similarity of appearance [T(S/A)] and does not require consultation for resolution; however, the
sunflower is an endangered species. Scientifically sound surveys for the sunflower were
conducted throughout the Site's suitable habitat during August and September. It is safe to say
the Schweinitz's sunflower does not occur within the Summit Seep site.
Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or
artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of
significance are made with reference to the eligibility criteria of the National Register (36 CFR
60) and in consultation with the North Carolina State Historic Preservation Office (SHPO).
Page3
February 24, 2011
John Thomas, USACE
RS submitted a letter to the State Historic Preservation Officer (SHPO) on July 27, 2010,
requesting a search be conducted of archival records for the SITE. SHPO responded on August
27, 2010 that no known recorded archaeological sites occur within the SITE and no further work
is required (see attached letters).
Your time and consideration in reviewing the enclosed material is greatly appreciated. Should
you have any questions about the project, please call Worth Creech at 919-344-9114. As a
reminder, you were present at the site recently in the company of John Dorney, Todd Tugwell
and. Worth Creech where, if it was reported to me correctly, you and/or Dorney promised to
expedite issuance of NW-27 and WQC, respectively. Thanks for your collective follow-throughs
on that promise.
Sincerely,
.? P
Worth Creech, Project Manager
cc: John Dorney, NCDWQ
Todd Tugwell, USACE
Worth Creech, RS
Enclosures
I it),
From'
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
PARCEL ID: 6703-03- k =
STREET ADDRESS: 1889 Clyde Fitzp" I Roac1, Lin-wood NC, 27294
1-17-11 7.20am p. 2 of 2
Please print
Property Owner: Hillcrest Acres LLC
The undersigned, registered property ci%. ners of the above noted property, do hereby autborize
Worth Creech of r+ t LLC
(Contractor; Agent) (Name of consulting firm)
to act on my behalf and take Al actlons necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Telephone: _?3-3k- 92(0 -(o r"( (
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge, _
Authoizt l Signature
Date: _ /7- //
Z00 SZ8'ON LZ:OZ TTOZi8T/T0
2t?1 11? 1$
\O?DE `NAT Fq?G
O `C
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
1 a. 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:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 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 ® No For the record only for Corps Permit:
? Yes ® 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Summit Seep
2b. County: Davidson
2c. Nearest municipality / town: Lexington
2d. Subdivision name: N/A °-•
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information 4?
3a. Name(s) on Recorded Deed: Hillcrest Acres, LLC
3b. Deed Book and Page No. DB 1173, Page 875 & M AC
Responsible Party (for LLC if
applicable): Joyce Stokes Parsons A
3d. Street address: 1889 Clyde Fitzgerald Road
3e. City, state, zip: Linwood, NC 27299
3f. Telephone no.: 336-956-6714 and 336-247-0136
3g. Fax no.: N/A
3h. Email address: N/A
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: Worth Creech
4c. Business name
(if applicable): Restoration Systems, LLC
4d. Street address: 1101 Haynes Street
4e. City, state, zip: Raleigh, NC 27604
4f. Telephone no.: 919-755-9490
4g. Fax no.: 919-755-9492
4h. Email address: worth@restorationsystems.com
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): PIN: 6703-03-42-2822
1 b. Site coordinates (in decimal degrees): Latitude: 35.76140 Longitude: - 80.33439.
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 6.9 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to North Potts Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin-PeeDee
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:
6.9 acre Site is mostly cleared pastureland with some fringe forest along its perimeter
3b. List the total estimated acreage of all existing wetlands on the property:
0.3
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
543 feet
3d. Explain the purpose of the proposed project:
Restoration Systems is proposing to plug and fill drainage ditches, condition soil and plant native vegetation to provide
wetland enhancement and restoration.
3e. Describe the overall project in detail, including the type of equipment to be used:
Close and seal ditches, redirect flows from spring in southwest corner of site to provide additional hydrology to hydric soils;
plant appropriate woody vegetation over entire 4+ acres of mitigation; exclude livestock and/or agricultural activities;
establish conservation easement. Small dozer, dump truck(s) and tracked hoe will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: Yes; JD attached
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: Axiom Environmentall
Name (if known): Grant Lewisl Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
1-20-2011
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.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 Fill PEM1 ? Yes
® No ® Corps
® DWQ
0.3
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 0.3
2h. Comments: Impacts to 0.3 will facilitate restoration/enhancement of 4.0 acres of wetland
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 ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
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 0
31. Comments: N/A
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 N/A
4g. Comments: N/A
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: N/A
5h. Is a dam high hazard permit required?
? Yes No if yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other: N/A
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T im act required?
?Yes
B1 ?P?T ? No
?Yes
B2 ?P?T ? No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts N/A N/A
6i. Comments: N/A
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.
Avoidance of impacts is not possible if drainage ditches are to be properly filled to prevent loss of hydrology to hydric soils.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
N/A
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: N/A
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: N/A
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.
N/A
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 ? Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required: N/A
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).
N/A
6h. Comments: N/A. Project is in Yadkin River Basin
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
1 a. 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: N/A
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 0 impervious; piedmont
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? 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? Davidson County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other: N/A
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 ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other: N/A
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?
1 b. 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)?
1c. 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
letter.) ? Yes ? No
Comments: Although not required by NC law per se, a CE document per the EEP
has been prepared.
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 wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
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 ® Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS list of species for Davidson County and habitat descriptions provided in Federal Register and Recovery Plans.
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?
Project located in the piedmont.
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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Contacted SHPO directly. SHPO responded that no historic or archaeological resources would be effected.
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: No significant change in elevation of floodplain will result from
project activities.
8c. What source(s) did you use to make the floodplain determination? County GIS Data Layer
Worth Creech , Ev ?? ??C/C7•L 02/24/11
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part 1: General Project Information
Project Name: Summit Seep Wetland Mitigation Site
County Name: Davidson
EEP Number: Contract X 003244
Project Sponsor: Restoration Systems, LLC
Project Contact Name: Worth Creech
Project Contact Address: 1101 Haynes Street, Suite 211, Raleigh, NC 27604
Project Contact E-mail: worth@restorationsystems.com
EEP Project Mana er: Jef(Jurek
Project
The Summit Seep Site is located in the 14-digit Cataloging Unit 03 040 1 03 0200 1 0 approximately 5 miles
southwest of Lexington, in western Davidson County. The Site encompasses approximately 6.9 acres of
land that is currently used as pasture. Restoration of wetland hydrology and re-vegetation activities will
result in approximately 4.1 acres of restoration.
• Official Use Only
Reviewed By:
Date EEP Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
? Check this box if there are outstanding issues
Final Approval By:
Date For Division Administrator
FHWA
6 Version 1.4, 8/18/05
Part 2: All Projects
• Response
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county? Yes
E ]No
2. Does the project involve ground-disturbing activities within a CAMA Area of ? Yes
Environmental Concern (AEC)? ? No
? N/A
3. Has a CAMA permit been secured? Yes
? No
Q N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Yes
Program?
?
No
? N/A
,C-oplerehonslive lEnyMniaftl Rescows-Oompensaftn and, Aa
" B M
1
1. Is this a
full-delivery" project? ? -
Yes
No
2. Has the zoning/land use of the subject property and adjacent properties ever been Yes
designated as commercial or industrial? No
? N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential Yes
hazardous waste sites within or adjacent to the project area? E ] No
N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous Yes
waste sites within or adjacent to the project area? ? No
? N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous Yes
waste sites within the project area? ? No
? N/A
6. Is there an approved hazardous mitigation plan? Yes
? No
? N/A
P
1. Are there properties listed on, or eligible for listing on, the National Register of Yes
Historic Places in the project area? ? No
2. Does the project affect such properties and does the SHPO/THPO concur? Yes
? No
? N/A
3. If the effects are adverse, have they been resolved? Yes
? No
N/A
UnUwm nA 9
1. Is this a "full-delivery" project? ? Yes
No
2. Does the project require the acquisition of real estate? ? Yes
? No
N/A
3. Was the property acquisition completed prior to the intent to use federal funds? Yes
? No
? N/A
4. Has the owner of the property been informed: Yes
. prior to making an offer that the agency does not have condemnation authority; and ? No
` what the fair market value is believed to be? ? N/A
Version 1.4, 8/18/05
Part 3: GrOUnd-Disturbing Activities
• Response
American Indian Re i ious Freedom Act AIRFA
1. Is the project located in a county claimed as "territory" by the Eastern Band of Yes
Cherokee Indians? @ No
2. Is the site of religious importance to American Indians? Yes
? No
N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic Yes
Places? ? No
N/A
4. Have the effects of the project on this site been considered? Yes
? No
N/A
es.
1. Is the project located on Federal lands? Yes
No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects Yes
of antiquity? ? No
v N/A
3. Will a permit from the appropriate Federal agency be required? Yes
? No
N/A
4. Has a permit been obtained? Yes
? No
N/A
Ambe
1. Is the project located on federal or Indian lands (reservation)? Yes
No
2. Will there be a loss or destruction of archaeological resources? Yes
? No
N/A
3. Will a permit from the appropriate Federal agency be required? Yes
? No
N/A
4. Has a permit been obtained? Yes
? No
N/A
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat Yes
listed for the county? ? No
2. Is Designated Critical Habitat or suitable habitat present for listed species? Yes
FZ] No
N/A
3. Are T&E species present or is the project being conducted in Designated Critical Yes
Habitat? ? No
N/A
4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" Yes
Designated Critical Habitat? ? No
N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination? Yes
? No
N/A
6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? Yes
? No
NIA
Version 1.4, 8/18/05
ec a Order 13007 n 3acred Silted
1. Is the project located on Federal lands that are within a county claimed as "territory" Yes
b the EBCI? ? No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed Yes
project? ? No
? N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred Yes
sites? ? No
? N/A
1. Will real estate be acquired? ? Yes
No
2. Has NRCS determined that the project contains prime, unique, statewide or locally ? Yes
important farmland? ? No
N/A
3. Has the completed Form AD-1006 been submitted to NRCS? ? Yes
? No
N/A
FlOt-and 1
1. Will the project impound, divert, channel deepen, or otherwise control/modify any ? Yes
water body? No
2. Have the USFWS and the NCWRC been consulted? ? Yes
? No
N/A
Land ISeethm
1. Will the project require the conversion of such property to a use other than public, Yes
outdoor recreation? ? No
2. Has the NPS approved of the conversion? Yes
? No
? N/A
Maormoyy9fevens F
1. Is the project located in an estuarine system? Yes
? No
2. Is suitable habitat present for EFH-protected species? Yes
? No
? N/A
3. Is sufficient design information available to make a determination of the effect of the Yes
project on EFH? ? No
? N/A
4. Will the project adversely affect EFH? Yes
? No
? N/A
5. Has consultation with NOAA-Fisheries occurred? Yes
? No
? N/A
MMA1
1. Does the USFWS have any recommendations with the project relative to the META? Yes
?? No
2. Have the USFWS recommendations been incorporated? Yes
? No
? N/A
1. Is the project in a Wilderness area? ? Yes
? No
2. Has a special use permit and/or easement been obtained from the maintaining Yes
federal agency? ? No
? N/A
Version 1.4, 8/18/05
MITIGATION PLAN
SUMMIT SEEP WETLAND MITIGATION SITE
DAVIDSON COUNTY, NORTH CAROLINA
(RFP #16-002835)
(Contract #003244)
FULL DELIVERY PROJECT
TO PROVIDE WETLAND MITIGATION
IN THE YADKIN RIVER BASIN
CATALOGING UNIT 03040103
Prepared for:
0, s M 6
PROGRAM
NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
January 2011
V
MITIGATION PLAN
SUMMIT SEEP WETLAND MITIGATION SITE
DAVIDSON COUNTY, NORTH CAROLINA
(RFP #16-002835)
(Contract #003244)
FULL DELIVERY PROJECT
TO PROVIDE WETLAND MITIGATION
IN THE YADKIN RIVER BASIN
CATALOGING UNIT 03040103
Prepared for:
r-Y
cosystem,
V I21.)1.: Kl?M ?NC Department of Environment and Natural Resources
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Prepared by:
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
And Axiom Environmental, Inc.
Axiom Environmental, Inc.
20 Enterprise Street, Suite 7
Raleigh, North Carolina 27607
January 2011
EXECUTIVE SUMMARY
This mitigation plan has been written in conformance with the requirements of the following:
Federal rule for compensatory mitigation project sites as described in the Federal Register Title
33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2)
through (c)(14).
NCDENR Ecosystem Enhancement Program In-Lieu Fee Instrument signed and dated July 28,
2010
These documents govern NCEEP operations and procedures for the delivery of compensatory mitigation.
This mitigation report describes the Summit Seep Wetland Mitigation Site (Site) and is designed
specifically to assist in fulfilling North Carolina Ecosystem Enhancement Program wetland restoration
goals. The Site is located within 14-digit Cataloging Unit 03040103020010 approximately 5 miles
southwest of Lexington, in western Davidson County (Figures 1 and 2). The Site encompasses
approximately 6.9 acres of land used as pasture. Within the Site, 4.1 acres of nonriparian hydric soil have
been cleared and ditched. A total of 4.0 Nonriparian Wetland Mitigation Units (WMUs) are being
offered, as depicted in the following table.
Acres Percentage of WMUs Nonri arian WMUs
Nonri arian Wetland Restoration 3.914 98% 3.914
Nonri arian Wetland Enhancement 0.186 2% 0.093
Total 4.1 Total Nonri arian WMUs 4.0
The Site is encompassed within one parcel owned by the Parson family (Hillcrest Farms). The Site is
situated upslope from the western edge of the floodplain of an unnamed tributary to North Potts Creek.
The 6.9-acre Site has been cleared of native forest vegetation, ditched and drained to remove groundwater
hydrology from a spring and hillside seeps on the western edge of the Site, and is currently utilized as
pasture. Based on preliminary analyses, the Site is best suited for the removal of livestock and restoration
of a natural, nonriparian wetland system, by filling ditches and diverting hydrology from a spring across
the Site.
The Site is located upslope from an unnamed tributary to North Potts Creek, which has been assigned a
Best Usage Classification of C and is Fully Supporting its intended uses. The Site is located within
Targeted Local Watershed 03040103020010.
The primary goals of this nonriparian wetland restoration project focus on improving water quality,
enhancing flood attenuation, and restoring wildlife habitat and will be accomplished by the following.
1. Remove nonpoint sources of pollution associated with vegetation maintenance including a) the
cessation of broadcasting fertilizer, pesticides, and other agricultural chemicals into and adjacent
to Site drainage ditches and b) providing a vegetated wetland to aid in the treatment of runoff.
2. Restore wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate
the Site's natural range of variation.
3. Promote floodwater attenuation by filling ditches and enhancing groundwater storage capacity.
4. Restore and reestablish natural community structure, habitat diversity, and functional continuity.
5. Enhance and protect the Site's full potential of wetland functions and values in perpetuity.
Summit Seep Wetland Mitigation Site Executive Summary
Mitigation Plan
January 2011
TABLE OF CONTENTS
1. Restoration Project Goals and Objectives
2. Site Selection
---------------------------------------------------------------------------------------------------------
2.1 Directions.
2.2 Site Selection
2.3 Physiography and Land Use.
2.4 Water Quality
-----------
2.5 Soil and Land Form
2.6 Protected Species_________________________________________
---------------------------------------------
3. Site Protection Instrument
--------------------------------------------------------------------------------------
3.1 Site Protection Instrument(s) Summary Information_______________________ .............
4. Baseline Information
----------------------------------------------------------------------------------------------
5. Determination of Credits
----------------------------------------------------------------------------------------
6. Mitigation Work Plan
---------------------------------------------------------------------------------------------
6.1 Target Stream Type(s), Wetland Type(s), and Plant Communities
-----------------
6.2 Design Parameters
6.3 Data Analysis-----------------------------------------
7. Maintenance Plan
8. Performance Standards
9. Monitoring Requirements
10. Long-term Management Plan---------------------
11. Adaptive Management Plan
12. Financial Assurances
13. Other Information
---------------------------------------------------------------------------------------------------
13.1 Definitions
-----------------------------------------------------------------------------------------------
13.2 References..
------------------------------------------------------------------------------------
APPENDICES
Appendix A. Site Protection Instruments
Appendix B. Baseline Information Data
Appendix C. Mitigation Work Plan Data and Analyses
Appendix D. Project Plan Sheets
Appendix E. Delineation of Existing Wetlands
Appendix F. Performance Bond
LIST OF FIGURES
1
2
2
2
9
10
11
12
12
13
14
14
15
16
17
17
17
17
17
19
Figure 1 Vicinity Map----------------------------------------------------------------------------- --------------------------------4
Figure 2 Watershed Map-------------------------------------------------------------------------- --------------------------------5
Figure 3 Soil Survey ---------------------------------------------------- -------------------------- - 6
Figure 4 Current Condition Plan View------------------------- 7
Figure 5 Site Photographs________________________
----------------------------------------------- ___------____-_--------8
-------__
Figure A Title Page--------------------------- ------------------------------------------------------ ------------------Appendix D
Figure B Boundary Plan--------------------------------------------------------------------------- ----------------- Appendix D
Figure C Grading Plan .----------------------------------------------------------------------------- ----------------- Appendix D
Figure D Planting Plan --------------------------------------------------- ------------------------- ------------------Appendix D
Summit Seep Wetland Mitigation Site Table of Contents page i
Mitigation Plan
January 2011
LIST OF TABLES
Table 1. NRCS Soils Mapped within the Site_______________________
Table 2. Federally Protected Species for Davidson County---
Table 3. Site Parcel Information
Table 4. Baseline Project Information
Table 5. Site Credit Determination
--------------------------------------
Table 6. Reference Vegetation Species________________________________
Table 7. Planting Plan_______________________
--------------------------------
Table 8. Site Maintenance Plan
Table 9. Site Monitoring Requirements_______________________________
Summit Seep Wetland Mitigation Site
DRAFT Mitigation Plan
January 2011
---.2
3
9
10
11
-------12
-------14
-------15
16
Table of Contents page ii
DRAFT Mitigation Plan
Summit Seep Wetland Mitigation Plan
Davidson County, North Carolina
1. RESTORATION PROJECT GOALS AND OBJECTIVES
The 2009 Yadkin Pee-Dee River Basin RBRP identified HUC 03040103020010 as a Targeted Local
Watershed (TLW) (2009 Yadkin Pee-Dee River Basin RBRP, NCEEP 2009). The watershed is
characterized by approximately 21 percent agricultural use with approximately 12 percent of the stream
length located in this watershed identified as impaired for aquatic life according to 2006 DWQ 303(d)
data.
The 2009 Yadkin Pee-Dee River Basin RBRP identified stormwater runoff and other development impacts
as likely contributors to turbidity and chlorophyll violations within this TLW. The Summit Seep Wetland
Mitigation Project was identified as a nonriparian wetland restoration opportunity to improve water
quality, enhance flood attenuation, and to restore wildlife habitat within the TL W.
The project goals address stressors identified in the TLW and include the following:
• Remove nonpoint sources of pollution associated with vegetation maintenance including:
a. the cessation of broadcasting fertilizer, pesticides, and other agricultural chemicals into and
adjacent to Site drainage ditches; and
b. providing a vegetated wetland to aid in the treatment of runoff.
• Restore wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate the
Site's natural range and variation.
• Promote floodwater attenuation by filling ditches and enhancing groundwater storage capacity.
• Restore and reestablish natural community structure, habitat diversity, and functional continuity.
• Enhance and protect the Site's full potential of wetland functions and values in perpetuity.
The project goals will be addressed through the following project objectives:
• Providing 4.0 Nonriparian Wetland Mitigation Units, as calculated in accordance with the
requirements stipulated in RFP #16-002835, by restoring 3.914 acres and enhancing 0.186 acres of
nonriparian wetland. This will be accomplished by filling ditches, removing spoil castings,
excluding livestock, redirecting hydrology from a spring across the Site, and planting with native
forest vegetation.
• Protecting the Site in perpetuity with a conservation easement.
2. SITE SELECTION
2.1 Directions to Site
The Site is located within 14-Digit Cataloging Unit 03040103020010 approximately 5 miles southwest of
Lexington, in western Davidson County. From Raleigh, take I-40 W to 1-85 S. Continue on I-85 S until
exit 88. Turn left onto NC 47 E. Continue on NC 47 E then make a right onto Sam Sharpe Road. The
Site is located approximately 1.4 miles down Sam Sharpe Road on the left.
2.2 Site Selection
The Site is encompassed within one parcel utilized by livestock as pasture. The Site includes 6.9 acres of
land situated upslope from the western edge of an unnamed tributary to North Potts Creek floodplain.
The Site has been cleared of native forest vegetation, ditched and drained to remove groundwater
Summit Seep Wetland Mitigation Site Page 1
Mitigation Plan
January 2011
hydrology from a spring and hillside seeps on the western edge of the Site, and is currently utilized as
pasture (Figure 4).
2.3 Physiography and Land Use
The Site is located in the Southern Outer Piedmont physiographic province of North Carolina. Regional
physiography is characterized by dissected irregular plains, some low rounded hills and ridges, and low to
moderate gradient streams with mostly cobble, gravel, and sandy substrates (Griffith et al. 2002).
Elevations within the Site range from 690-720 feet National Geodetic Vertical Datum (USGS Lexington
West, NC 7.5-minute topographic quadrangle).
2.4 Water Quality
The Site is located within the Yadkin River Basin in 14-digit United States Geological Survey (USGS)
Cataloging Unit 03040103020010 of the South Atlantic/Gulf Region (North Carolina Division of Water
Quality [NCDWQ] subbasin number 03-07-04). The Site is located upslope from an unnamed tributary
to North Potts Creek, which has been assigned Stream Index Number 12-112, a Best Usage Classification
of C, and is Fully Supporting its intended uses (NCDWQ 2010b). Streams classified as C are suitable for
aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary
recreation includes wading, boating, and other uses not involving human body contact with waters on an
organized or frequent basis.
North Potts Creek and its tributaries are not listed on the NCDWQ final 2006 or draft 2008 and 2010
303(d) lists (NCDWQ 2007, 2008, 2010a). The Site is located within Targeted Local Watershed
03 040103 0200 10 (NCEEP 2009).
2.5 Soil and Land Form
Soils that occur within the Site, according to the Soil Survey of Davidson County, North Carolina (USDA
1994) are depicted in Figure 3 and are described in Table 1.
Restorable portions of the Site are predominantly underlain by soils of the Aremenia series. Armenia
soils are "Class A" hydric soils characterized by a dark gray matrix. Soils have been impacted by land
clearing, ditching, and hoof shear from livestock.
Table 1. NRCS Soils Ma ed within the Site
Soil Series Hydric
Status Family Description
This series consists of nearly level, poorly drained, slowly
Armenia Class A Typic permeable soils on broad flats or in depressions on uplands, at or
Argioaquolls near the head of drainage ways, or on floodplains. The seasonal
high water table occurs at a depth of 0.5-1.5 feet.
Non- Rhodic This series consists of well-drained, moderately permeable soils on
Davidson Hydric Kandiudults side slopes in the uplands. The seasonal high water table occurs at
a depth of more than 6 feet.
Detailed soil mapping conducted by licensed soil scientists in February 2010 indicate that 4.1 acres of the
Site is currently underlain by nonriparian hydric soils of the Armenia Series (Figure 4).
2.6 Protected Species
Based on the most recently updated county-by-county database of federally listed species in North
Carolina as posted by the United States Fish and Wildlife Service (USFWS) at http://nc-
es.fws.gov/es/countyfr.html, three federally protected species are listed for Davidson County. Table 2
lists the federally protected species and indicates if potential habitat exists within the Site for each
species.
Summit Seep Wetland Mitigation Site Page 2
Mitigation Plan
January 2011
Table 2. Federally Protected Species for Davidson County
Common Name Scientific Name Status* Habitat Present
Within Site
Vertebrates
Bald eagle Haliaeetus leucocephalus BGPA No
Bog turtle Clemmys muhlenbergii Threatened (S/A) Yes
Plants
Schweinitz's sunflower Helianthus schweinitzii Endangered Yes
*Endangered = a taxon "in danger of extinction throughout all or a significant portion of its range"; Threatened = a taxon "likely to become
endangered within the foreseeable future throughout all or a significant portion of its range"; Threatened (S/A) = a species that is threatened due
to similarity of appearance with other rare species and is listed for its protection; these species are not biologically endangered or threatened and
are not subject to Section 7 consultation.
No habitat is present within or adjacent to the Site for bald eagle. Potential habitat occurs within the Site
for bog turtle; however, this species is threatened due to similarity of appearance with another rare species
and is not subject to Section 7 consultation. Habitat for Schweinitz's sunflower is present throughout the
Site in the form of pasture and disturbed forest edges. Surveys for Schweinitz's sunflower were
completed during the optimal survey window between late August and October prior to Site
implementation and no species were found. No Designated Critical Habitat for federally protected
species is documented to occur in Davidson County.
Summit Seep Wetland Mitigation Site Page 3
Mitigation Plan
January 2011
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Site Location
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Longitude-80.334264
(NAD 83rMS 84) o J 'e
Non-Riparian Wetland
Restoration Site
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North Carolina
Directors to Site:
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Existing Conditions
Aerial Image- NC OneMap 2009 Existing Wetlands = 0.188ac 4 ffi f?
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Figure 5. Site Photographs
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Persimmon sapling luund in existing pasture. Among many, a crawfish hole located on Site.
Summit Seep Wetland Mitigation Site Page 8
Mitigation Plan
January 2011
3. SITE PROTECTION INSTRUMENT
3.1 Site Protection Instrument Summary Information
The land required for the construction, management, and stewardship of this mitigation project includes
the following parcel. The Site is currently not protected, but will be done so by the purchase and
subsequent transfer of a conservation easement to the NCEEP during Task 2. Restoration Systems will
await approval of Task 3 before this purchase and transfer is conducted.
Table 3. Site Parcel Information
Landowner PIN County Site Deed Book Acreage
Protection and Page protected
Instrument Number
Parcel A Hillcrest 6703-03-42- Davidson Book 1173 6.9
Acres, LLC 2822 Pg. 875
When available, the recorded document will be provided. If the recorded document is not available, the
template document will be provided.
All site protection instruments require 60-day advance notification to the Corps and the State prior to any
action to void, amend, or modify the document. No such action shall take place unless approved by the
State.
A site protection instrument figure will be completed once a final survey of the Site has been completed,
after the conservation easement is purchased.
Summit Seep Wetland Mitigation Site Page 9
Mitigation Plan
January 2011
4. BASELINE INFORMATION
Table 4. Baseline Project Information
Project Information
Project Name Summit Seep
County Davidson
Project Area (acres) 6.9
Project Coordinates (latitude and longitude) 35.76130, 80.33430
Project Watershed Summa Information
Physiographic Province Southern Outer Piedmont
River Basin Yadkin
USGS Hydrologic Unit 8-digit 03040103 USGS Hydrologic Unit 14-digit 03040103020010
DWQ Sub-basin 03-07-04
Project Drainage Area, Total Outfall (acres) 51.5
Groundwater Treated by Site (acres) 35.6
Project Drainage Area Percentage of Impervious Area <3%
CGIA Land Use Classification Cropland and Pasture
Wetland Summa Information
Parameters Wetland 1
Size of Wetland (acres) 4.1
Wetland Type (non-riparian, riparian riverine or riparian non
riverine) Non-riparian
Mapped Soil Series Armenia silt loam
Drainage class Class A
Soil Hydric Status Hydric
Source of Hydrology Natural Seep
Hydrologic Impairment Ditches
Native vegetation community Low Elevation Seep
Percent composition of exotic invasive vegetation 0%
Regulatory Considerations
Regulation Applicable? Resolved? Supporting
Documentation
Waters of the United States - Section 404 No
Waters of the United States - Section 401 No
Endangered Species Act No
Historic Preservation Act No
Coastal Zone Management Act [CZMA/Coastal Area Management Act
CAMA No
FEMA Floodplain Compliance No
Essential Fisheries Habitat No
Summit Seep Wetland Mitigation Site Page 10
Mitigation Plan
January 2011
5. DETERMINATION OF CREDITS
Mitigation credits presented in these tables are projections based upon site design. Upon completion of
site construction the project components and credits data will be revised to be consistent with the as-built
condition.
Table 5. Site Credit Determination
Summit See Wetland Mitigation Site Davidson County, Contract # 003244
Miti ation Cred its
Stream
Riparian
Wetland Non-
riparian
Wetland
Buffer Nitrogen
Nutrient Offset Phosphorous
Nutrient Offset
Type R RE R RE R RE
Totals 3.914 0.186
Proj ect Com onents
Project
Component
-or- Reach
ID
Stationing/Location
Existing
Footage/Acreage
Approach
(PI,PII etc.) Restoration -
or-
Restoration
E uivalent Restoration
Footage or
Acreage
Mitigation Ratio
Non-riparian
restoration NA 3.914 NA Restoration 3.914 1.0
Non-riparian
enhancement NA 0.186 NA Enhancement 0.186 0.5
Comp onent Summation
Restoration
Level
Stream
(linear feet)
Riparian
Wetland (acres) Non-
riparian
Wetland
acres
Buffer
(square feet)
Upland (acres)
Riverine Non-
Riverine
Restoration 0 0 0 3.914 0 0
Enhancement 0 0 0.186 0 0
Enhancement 1 0
Enhancement II 0
Creation 0 0 0
Preservation 0 0 0 0 0
High Quality
Preservation 0 0 0 0 0
Summit Seep Wetland Mitigation Site Page 11
Mitigation Plan
January 2011
6. MITIGATION WORK PLAN
6.1 Target Wetland Type & Plant Communities
The EPA classification of a wetland is based on soil, hydrology, and vegetation characteristics. The
Summit Seep nonriparian wetland restoration project contains Armenia silt loam hydric soil. This soil is
hydrated by year round flow from upland seeps and springs. Restoration efforts aim to reproduce
characteristic pre-disturbed vegetation.
Soils
Hydric A, Armenia silt loam soils are the primary soil type present within this nonriparian wetland
restoration project. Subsoils extend to roughly 45 inches with upper soil layers consisting of very dark
grayish brown sandy clay loam, transitioning to a mottled olive gray and yellowish brown, black sandy
clay loam. Underlying materials are described as multicolored saprolite with a texture of sandy loam
reaching to a depth of 60 inches (USDA 1994)
Hydrology
Armenia silt loam soils are nearly level, slowly permeating and tend to drain poorly. The current ditching
of the Site has capped surface and sub-surface hydrology. Filling ditches will restore hydrology to
characteristic levels expected with Armenia silt loam, fueled by year round hydrology from the Site seep.
Vegetation
Native, nonriparian forest species will be restored within the entire 6.9-acre Site. Planting vegetation is
proposed to reestablish vegetation community patterns to provide soil stability, habitat for wildlife, and
filter pollutants prior to entering the groundwater table. Planted species composition will mimic Schafale
and Weakley's Classification of the Natural Communities of North Carolina (1990) of a Low Elevation
Seep, supplemented by reference forest and onsite observations (Table 6).
Table 6. Reference Vegetation Species
Schafale and Weakley's Reference Forest Ecosystem & Onsite observations
Character Vegetation Armenia silt loam (ArA) & Davidson Loam 8-25% slope (DdD, DdE) Soils
Species Canopy Species Understory Species
Betula nigra Acer negundo Asimina triloba
Carpinus caroliniana Acer rubrum Cephalanthus occidentalis
Celtis laevigata Celtis occidentalis Cornus amomum
Platanus occidentalis Diospyros virginiana Crataegus monogyna
Quercus michauxii Fraxinus pennsylvanica Juniperus virginiana
Quercus pagoda Juglans nigra Sambucus canadensis
Quercus phellos Liquidambar styrac fua Symphoricarpos orbiculatus
Ulmus americana Nyssa sylvatica
Pinus taeda
Quercus alba
Quercus phellos
Salix nigra
Ulmus americana
Summit Seep Wetland Mitigation Site Page 12
Mitigation Plan
January 2011
6.2 Design Parameters
The presence of conditions or characteristics that have the potential to hinder restoration activities on the
Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and
restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for
hydrologic trespass. Existing information regarding Site constraints was acquired and reviewed. In
addition, any Site conditions that have the potential to restrict the restoration design and implementation
were documented during the field investigation.
No evidence of natural and/or man-made conditions was identified that has the potential to impede
proposed restoration activities.
The primary goals of this restoration concept include:
(1) Enhancement of water quality functions (reduce non-point source nutrient inputs and
sedimentation);
(2) Establishment of a natural nonriparian wetland community;
(3) Restoration of jurisdictional wetland hydrology by filling ditches draining a spring and
hillside seeps; and
(4) Placement of a conservation easement over the site that will encompass and protect all
restoration activities in perpetuity.
Primary activities, designed to restore 3.914 acres and enhance 0.186 acres of nonriparian wetland,
include filling ditches, redirecting hydrology from springs across the Site, excluding livestock, and
planting native, deep rooted forest species (Appendix D).
The Summit Seep Restoration Site encompasses 6.9 acres that have been cleared of native forest
vegetation, ditched and drained to remove groundwater hydrology from a spring and hillside seep on the
western edge of the Site, and is currently utilized as a pasture. Based on detailed mapping conducted by
licensed soil scientists, approximately 4.1 acres of the Site is underlain by nonriparian hydric soils
proposed for nonriparian wetland restoration.
Wetland restoration is designed to restore a fully functioning nonriparian wetland system that will provide
water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety
and abundance of wildlife habitat.
Portions of the Site underlain by nonriparian hydric soils have been impacted by vegetation clearing, ditch
excavation, and hoof shear from livestock. Wetland restoration options will focus on the restoration of
nonriparian hydric soils, forest communities, elevation of groundwater tables, and the reestablishment of
soil structure and microtopographic variations.
Restoration of wetland hydrology and wetland soil attributes will involve 1) ditch cleaning prior to
backfill, 2) ditch plug installation, 3) diverting water from springs across the Site, 4) ditch backfill, and 5)
scarification of soils prior to planting. These activities will restore 3.914 acres and enhance 0.186 acres of
nonriparian wetland at the Site.
Ditch Cleaning
Ditches identified for backfilling will be cleaned, as needed, to remove unconsolidated sediments.
Removal of unconsolidated sediments is particularly critical in areas where ditch plugs are proposed.
Accumulated sediment within the ditches provides a relatively high permeability material that may act as
a conduit for drainage after restoration. The unconsolidated sediments will be lifted from the channel to
expose the underlying, relatively undisturbed soil material beneath the ditch invert. The unconsolidated
sediment will be incorporated into top soils and spread evenly throughout the Site.
Summit Seep Wetland Mitigation Site Page 13
Mitigation Plan
January 2011
Ditch Plugs
Impermeable ditch plugs will be installed within ditches at critical locations throughout the Site. The
plugs will consist of low density material or permanent hardened structures. If earthen material is used,
each plug will be backfilled in 2-foot lifts of vegetation-free material and compacted into the bottom of
the ditch. The earthen material may be obtained from adjacent fields through construction of shallow
wetland pools. The plugs will consist of a core of impervious material and shall be of sufficient width
and depth to form an imbedded overlap in the existing ditch banks and ditch bed.
Ditch Backfilling
Ditches will be backfilled using onsite material excavated from spoil piles adjacent to ditches and borrow
material from upland areas within the easement. Where vegetation has colonized fields or spoil areas,
rooting debris will be removed to the maximum extent feasible before insertion of earthen material into
the ditch. The ditches will be filled, compacted, and graded to the approximate elevation of the adjacent
wetland surface.
Vegetation Planting
Bare-root seedlings of tree and shrub species will be planted within the Site at a density up to 1000 stems
per acre (6.6-foot centers). Planting will be performed between December I" and March 15`h to allow
plants to stabilize during the dormant period and set root during the spring season. Bare-root seedlings
will be hand planted to minimize Site soil disturbance, thus minimizing potential for sedimentation /
siltation runoff from the Site. A total of 6,900 diagnostic tree and shrub seedlings will be planted in
support of Site wetland restoration (Table 7). The entire 6.9 - acre restoration area will be re-vegetated or
supplementally planted during the implementation of this plan.
Table 7. Planting Plan
Vegetation Association (Planting Area) Low Elevation Seep
Area (acres) 6.9
SPECIES Total Number Planted Percentage of Total
American Elm (Ulmus americana) 900 13.04%
Black Gum (Nyssa sylvatica) 900 13.04%
Hackberry (Celtis occidentalis) 900 13.04%
Willow Oak (Quercus phellos) 800 11.59%
American Persimmon (Diospyros virginiana) 800 11.59%
River Birch (Betula nigra) 900 13.04%
Silky Dogwood (Cornus amomum) 900 13.04%
Common Pawpaw (Asimina triloba) 800 11.59%
totals: 6900 100.00%
Summit Seep Wetland Mitigation Site Page 14
Mitigation Plan
January 2011
6.3 Data Analysis
No data has been analyzed, nor has it been necessary to this point. The spring and uphill seepage are the
Sites main groundwater source. Currently these sources of groundwater are collected by the existing
ditches and carried to an unnamed tributary and subsequently off-site to nearby North Potts Creek.
Therefore, groundwater modeling is impractical at this time. Also, a jurisdictional determination was
done and it was determined that hydric soils proposed for restoration are currently drained and those
proposed for enhancement are jurisdictional. Drained soils result from existing ditches. Rehydration will
occur when the ditches are cleaned, plugged, and backfilled.
7. MAINTENANCE PLAN
RS shall monitor the site on a regular basis and shall conduct a physical inspection of the site a minimum
of once per year throughout the post-construction monitoring period until performance standards are met.
These site inspections may identify site components and features that require routine maintenance.
Routine maintenance should be expected most often in the first two years following site construction and
may include the following:
Table 8. Site Maintenance Plan
Component/Feature Maintenance through project close-out
Wetland Routine wetland maintenance and repair activities will occur. Areas where stormwater and
floodplain flows intercept the wetland may require maintenance to prevent scour.
Vegetation Vegetation shall be maintained to ensure the health and vigor of the targeted plant community.
Routine vegetation maintenance and repair activities may include supplemental planting, pruning,
mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and/or
chemical methods. Any vegetation control requiring herbicide application will be performed in
accordance with NC Department of Agriculture (NCDA) rules and regulations.
Site Boundary Site boundaries shall be identified in the field to ensure clear distinction between the mitigation
site and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree-
blazing, or other means as allowed by site conditions and/or conservation easement. Boundary
markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis.
Utility Right-of-Way Utility right-of-way within the site may be maintained only as allowed by Conservation Easement
or existing easement, deed restriction, rights of way, or corridor agreements.
Summit Seep Wetland Mitigation Site Page 15
Mitigation Plan
January 2011
8. PERFORMANCE STANDARDS
Monitoring of Site restoration efforts will be performed until success criteria are fulfilled. Monitoring for
wetland components include hydrology and vegetation.
Hydrology Monitoring
A total of four (4) groundwater monitoring gauges will be installed to take measurements after
hydrological modifications are performed at the Site. Hydrological sampling will continue throughout the
growing season at intervals necessary to satisfy jurisdictional hydrology success criteria (EPA 1990).
Hydrology Success Criteria
Target hydrological characteristics include saturation or inundation for 7.5 percent of the growing season,
during average climatic conditions. During growing seasons with atypical climatic conditions,
groundwater gauges in reference wetlands may dictate threshold hydrology success criteria. These areas
are expected to support hydrophytic vegetation. If wetland parameters are marginal as indicated by
vegetation and/or hydrology monitoring, a jurisdictional determination will be performed.
Vegetation Monitoring
After planting has been completed in winter or early spring, an initial evaluation will be performed to
verify planting methods and to determine initial species composition and density. Supplemental planting
and additional Site modifications will be implemented, if necessary.
During quantitative vegetation sampling, six (6) sample plots (10-meter by 10-meter) will be installed
within the Site as per guidelines established in CVS-EEP Protocol for Recording Vegetation, Version 4.0
(Lee et al. 2006). In each sample plot, vegetation parameters to be monitored include species
composition and density. Visual observations of the percent cover of shrub and herbaceous species will
be documented by photograph.
Vegetation Success Criteria
An average density of 320 stems per acre of Characteristic Tree Species must be surviving in the first
three monitoring years. Subsequently, 290 Characteristic Tree Species per acre must be surviving in year
4 and 260 Characteristic Tree Species per acre in year 5.
Hydrologic Contingency
Hydrologic contingency may include soil surface modifications such as construction of ephemeral pools
and deep ripping of the soil profile. Recommendations for contingency to establish wetland hydrology
may be implemented and monitored until Hydrology Success Criteria is achieved.
Vegetation Contingency
If vegetation success criteria are not achieved based on average density calculations from combined plots
over the entire restoration area, supplemental planting may be performed with tree species approved by
regulatory agencies. Supplemental planting may be performed as needed until achievement of vegetation
success criteria.
Summit Seep Wetland Mitigation Site Page 16
Mitigation Plan
January 2011
9. MONITORING REQUIREMENTS
Annual monitoring data will be reported using the EEP monitoring template. The monitoring report shall
provide a project data chronology that will facilitate an understanding of project status and trends,
population of EEP databases for analysis, research purposes, and assist in decision making regarding
project close-out.
Table 9. Site Monitoring Requirements
Required Parameter uanti Frequency Notes
As per April 2003 USACE
No Pattern Wilmington District Stream annual
Mitigation Guidelines
As per April 2003 USACE
No Dimension Wilmington District Stream annual
Mitigation Guidelines
As per April 2003 USACE
No Profile Wilmington District Stream annual
Mitigation Guidelines
As per April 2003 USACE
No Substrate Wilmington District Stream annual
Mitigation Guidelines
No Surface Water As per April 2003 USACE
Hydrology Wilmington District Stream annual
Mitigation Guidelines
As per April 2003 USACE Groundwater monitoring gauges with data
Yes Groundwater Wilmington District Stream annual recording devices will be installed on site;
Hydrology Mitigation Guidelines the data will be downloaded at least every
30 days during the growing season
As per April 2003 USACE Vegetation will be monitored using the
Yes Vegetation Wilmington District Stream annual Carolina Vegetation Survey (CVS)
Mitigation Guidelines protocols
Yes Exotic and nuisance Location of exotic and nuisance vegetation
vegetation annual will be mapped
Yes Project boundary Semi- Locations of fence damage, vegetation
annual damage, boundary encroachments, etc. will
be mapped
Summit Seep Wetland Mitigation Site Page 17
Mitigation Plan
January 2011
10. LONG-TERM MANAGEMENT PLAN
Upon approval for close-out by the Interagency Review Team (IRT) the site will be transferred to the
EEP. This party shall be responsible for periodic inspection of the site to ensure that restrictions required
in the conservation easement or the deed restriction document(s) are upheld.
11. ADAPTIVE MANAGEMENT PLAN
Upon completion of site construction RS will implement the post-construction monitoring protocols
previously defined in this document. Project maintenance will be performed as described previously in
this document. If, during the course of annual monitoring it is determined the site's ability to achieve site
performance standards are jeopardized, RS will notify the EEP of the need to develop a Plan of Corrective
Action. The Plan of Corrective Action may be prepared using in-house technical staff or may require
engineering and consulting services. Once the Corrective Action Plan is prepared and finalized RS will:
1. Notify the EEP as required by the Nationwide 27 permit general conditions.
2. Revise performance standards, maintenance requirements, and monitoring requirements as
necessary and/or required by the USACE / EEP.
3. Obtain other permits as necessary.
4. Implement the Corrective Action Plan.
5. Provide the EEP a Record Drawing of Corrective Actions. This document shall depict the extent
and nature of the work performed.
12. FINANCIAL ASSURANCES
As required by RFP # 16-002835 RS will provide a performance bond for 55% of the total value of the
contract to be submitted with this document. This bond will remain in effect until the successful
completion of Task 6. See Appendix E.
13. Other Information
13.1 Definitions
Cataloging Unit ("CU") - A geographic area representing part or all of a River Basin and identified by
an 8-digit number as depicted on the "Hydrologic Unit Map - 1974, State of North Carolina, published by
the U.S. Department of Interior, Geological Survey".
Categorical Exclusion - Categories of actions that do not individually or cumulatively have a significant
effect on the human or natural environment and for which, therefore, neither an Environmental
Assessment nor an Environmental Impact Statement is required.
Categorical Exclusion Action Form and Document - An abbreviated environmental document,
prefaced by an Action Form, that briefly describes the mitigation site, the plan for its implementation, and
documents that it will have minimal or no impact on the environment.
Conservation Easement - A restriction landowners voluntarily place on specified uses of their property
to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between
the landowner and the "holder" of the easement. The State of North Carolina must receive directly from
Summit Seep Wetland Mitigation Site Page 18
Mitigation Plan
January 2011
the landowner a conservation easement as prepared and facilitated by the full delivery provider for all
Ecosystem Enhancement Program full delivery projects.
EEP - The North Carolina Ecosystem Enhancement Program.
Hydrologic Unit ("HU") - A geographic area representing a portion of a Cataloging Unit as depicted on
the "Hydrologic Unit Map - 1974, State of North Carolina, published by the U.S. Department of Interior,
Geological Survey," and identified by a 14-digit number.
Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation
Manual.
Mitigation - The term mitigation, when used throughout this RFP and any subsequent contracts that
may be executed is Compensatory Mitigation. Compensatory Mitigation is defined as those mitigation
activities implemented after all practicable measures to Avoid and Minimize adverse impacts to waters of
the United States have been carried out.
Mitigation Plan - A written document, supplemented with graphics, which describes: the existing site
conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is
developed and submitted prior to the implementation of the project.
Morphological description - The stream type; stream type is determined by quantifying channel
entrenchment, dimension, pattern, profile, and boundary materials; as described in Rosgen, D. (1996),
Applied River Morphology, 2°d edition.
Native Vegetation Community - A distinct and reoccurring assemblage a populations of plants, animals,
bacteria and fungi naturally associated with each other and their population; as described in Schafale,
M.P. and Weakley, A.S. (1990), Classification of the Natural Communities of North Carolina, Third
Approximation.
Non-Riparian Wetland - an area underlain with hydric soils that has developed and is located in
interstream divide physiographic areas. The hydrology of non-riverine wetlands is driven by precipitation
and is characterized by groundwater being at or near the surface for much of the year. Must meet US
Army Corps of Engineers wetlands definition (33 CFR 328.3(b)).
Project Area - Includes all protected lands associated with the mitigation project.
RFP - Request For Proposals; the document issued by the Department to solicit Proposals from
interested Offerors.
River Basin - The largest category of surface water drainage; there are seventeen (17) river basins in
North Carolina.
Site - Property or properties identified by an Offeror in a Proposal as having potential to provide either
wetland, stream, or buffer mitigation.
USACE - United States Army Corps of Engineers, Regulatory Branch, Wilmington District
USGS - United States Geological Survey.
Summit Seep Wetland Mitigation Site Page 19
Mitigation Plan
January 2011
Wetland Mitigation Unit ("WMU") - The unit of measurement of the extent of wetland mitigation
being offered in a Proposal. The WMU value for a Site is the sum of the Restoration acres, one-third of
the Creation acres, one-half of the Enhancement acres, and one-fifth of the Preservation acres.
13.2 References
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report
Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi.
Environmental Protection Agency (EPA). 1990. Mitigation Site Type Classification (MiST). EPA
Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU,
Raleigh, North Carolina.
Faber-Langendoen, D., Rocchio, J., Schafale, M., Nordman, C., Pyne, M., Teague, J., Foti, T., Comer, P.
(2006), Ecological Integrity Assessment and Performance Measures for Wetland Mitigation.
Griffith, G.E., J.M. Omemik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson,
J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina.
U.S. Geological Survey, Reston, Virginia.
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording
Vegetation. Version 4.0. North Carolina Department of Environment and Natural Resources,
Ecosystem Enhancement Program. Raleigh, North Carolina.
Lindenmayer, D.B., and J.F. Franklin. (2002), Conservingforest biodiversity: A comprehensive
multiscaled approach. Island Press, Washington, DC.
NatureServe, Arlington, Virginia.
North Carolina Division of Water Quality (NCDWQ). 2007. Final North Carolina Water Quality
Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(d) Report) (online).
Available: http://h2o.enr.state.nc.us/tmdl/documents/303d_ReporLpdf [February 19, 2010]. North Carolina
Department of Environment and Natural Resources, Raleigh, North Carolina.
North Carolina Division of Water Quality (NCDWQ). 2008. Draft North Carolina Water Quality
Assessment and Impaired Waters List (2008 Integrated 305(b) and 303(d) Report) (online).
Available: http://h2o.enr.state.nc.us/tmdl/documents/2008Cat4and520100215.pdf [February 19, 2010]. North
Carolina Department of Environment and Natural Resources, Raleigh, North Carolina.
North Carolina Division of Water Quality (NCDWQ). 2010 a. Draft North Carolina Water Quality
Assessment and Impaired Waters List (2010 Integrated 305(b) and 303(d) Report) (online).
Available: http://h2o.enr.state.nc.us/tmdl/documents/draft 2010 Cat 5.pdf [February 19, 2010]. North
Carolina Department of Environment and Natural Resources, Raleigh, North Carolina.
Summit Seep Wetland Mitigation Site Page 20
Mitigation Plan
January 2011
s
North Carolina Division of Water Quality (NCDWQ). 2010 b. North Carolina Water Bodies Report
(online). Available: http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/03-07-04.pdf [February 19,
2010]. North Carolina Department of Environment and Natural Resources, Raleigh.
North Carolina Ecosystem Enhancement Program (NCEEP). 2009. Yadkin-Pee Dee River Basin
Restoration Priorities (online). Available:
http://www.neeep.net/services/restplans[Yadkin Pee_Dee_RBRP_2009_Final.pdf [February 19, 20101. North
Carolina Department of Environment and Natural Resources, Raleigh, North Carolina.
Peet, R.K., Wentworth, T. S., and White, P. S. (1998), A flexible, multipurpose method for recording
vegetation composition and structure. Castanea 63:262-274.
Rosgen, D. (1996), Applied River Morphology, 2nd edition, Wildland Hydrology, Pagosa Springs, CO.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina:
Third Approximation. North Carolina Natural Heritage Program, Division of Parks and
Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North
Carolina.
Science Advisory Board. Washington, DC.
Stream Mitigation Guidelines, April 2003, US Army Corps of Engineers Wilmington District.
United States Department of Agriculture (USDA). 1994. Soil Survey of Davidson County, North
Carolina. United States Department of Agriculture, Natural Resource Conservation Service. Fort
Worth, Texas.
Young, T.F. and Sanzone, S. (editors). (2002), A framework for assessing and reporting on ecological
condition. Ecological Reporting Panel, Ecological Processes and Effects Committee. EPA.
Summit Seep Wetland Mitigation Site Page 21
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January 2011
APPENDIX A
SITE PROTECTION INSTRUMENT(S)
When available, the recorded document will be provided. If the recorded document is not available, the
template document will be provided. All site protection instruments require 60-day advance notification
to the Corps and the State prior to any action to void, amend, or modify the document. No such action
shall take place unless approved by the State. A site protection instrument figure will be completed once
a final survey of the Site has been completed, after the conservation easement is purchased.
Summit Seep Wetland Mitigation Site Appendix A
Mitigation Plan
January 2011
APPENDIX B
BASELINE INFORMATION DATA
FHWA Categorical Exclusion Form
FEMA Compliance -EEP Floodplain Requirements Checklist NCEEP Mitigation Plan
Summit Seep Wetland Mitigation Site Appendix B
Mitigation Plan
January 2011
APPENDIX C
MITIGATION WORK PLAN DATA and ANALYSES
Groundwater Mode ling/Hydrologic Budget
No data has been analyzed, nor has it been necessary to this point. The spring and uphill seepage are
the Sites main groundwater source. Currently these sources of groundwater are collected by the
existing ditches and carried to an un-named tributary and subsequently off-site to nearby North Potts
Creek. Therefore, groundwater modeling is impractical at this time. Also, jurisdictional
determination was done and stated that the area is currently dry. This is caused by the existing
ditches. Lateral flow will occur when the ditches are cleaned, plugged, and backfilled. There will be
a slight final grade to the Site causing lateral flow. Groundwater modeling will occur once this lateral
flow is established.
CVS Vegetation Assessment
Vegetation surveys will begin after construction, and be monitored just before, during and just after
the growing season. Based on the Microsoft Access CVS template the Site will hold six (6)
vegetation plots. Four (4) groundwater modeling wells will also be installed during construction.
These wells and plots will be marked and referenced in the Sites as built documents. Planned
vegetation distribution is detailed in Figure D, Appendix D.
Summit Seep Wetland Mitigation Site Appendix C
Mitigation Plan
January 2011
APPENDIX D
PROJECT PLAN SHEETS (11"x 17")
Figure A. Title Page
Figure B. Boundary Plan
Figure C. Grading Plan
Figure D. Planting Plan
Summit Seep Wetland Mitigation Site Appendix D
Mitigation Plan
January 2011
SUMMIT SEEP
NONRIPARIAN WETLAND RESTORATION
PROJECT PLAN SHEETS
DAVIDSON COUNTY, NORTH CAROLINA
A
)
r .? t! I
Mvinity Map }
PROJECT DESCRIPTION
THE SUMMIT SEEP NONRIPARIAN WETLAND RESTORATION SITE
ENCOMPASSES 6.9 ACRES INCLUDING 3.914 ACRES OF WETLAND
RESTORATION AND 0.186 ACRES OF WETLAND ENHANCEMENT WITHIN
FORMER FARM PASTURE LAND. THE SITE HAS BEEN CLEARED OF NATIVE
FOREST VEGETATION, DITCHED, AND DRAINED TO REMOVE GROUNDWATER
HYDROLOGY FROM AN EXISTING SPRING AND HILLSIDE SEEPS. THE SITE IS
LOCATED UPSLOPE FROM AN UNNAMED TRIBUTARY TO NORTH POTTS
CREEK, WHICH HAS BEEN ASSIGNED A BEST USAGE CLASSIFICATION OF C
AND IS FULLY SUPPORTING ITS INTENDED USES. THE SITE IS LOCATED
WITHIN TARGETED LOCAL WATERSHED 03040103020010.
CONSTRUCTION ACTIVITIES AT THE SITE WILL RE-ELEVATE THE
GROUNDWATER TABLE TO HISTORIC CONDITION THAT EXISTED PRIOR TO
DITCHING OF THE SITE. CONSTRUCTION METHODS WERE BASED PRIMARILY
UPON CARBON COPY METHOD FOR WETLAND RESTORATION, MIMICKING
REFERENCE (RELATIVELY UNDISTURBED) WETLANDS IN THE REGION. THE
PROJECT IS DESIGNED TO MAXIMIZE GROUNDWATER RECHARGE AND
WATER QUALITY BENEFITS IN THE YADKIN RIVER BASIN.
PROJECT LOCATION
THE SITE IS LOCATED WTH 14-DIGIT CATALOGING UNIT LATITUDE: 35.761264
03040103020010APPROXIMATELYS MILES SOUTHN,ESTCF LONGITUDE: -80.334264
LEXINGTON, IN WESTERN DAMDSON COUNTY W 83/WGS 84)
TYPE OF WORK: WETLAND RESTORATION & PRESERVATION I
- DITCH CLEARING
- DITCH FILLING
- SITE GRADING
- SITE PLANTING
INDEX OF SHEETS
A TITLE PAGE
B: BOUNDARY MARKING
C: GRADING PLAN
0 : PLANTING
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
Notes & Revisons
1I-
Summit Seep
Non-Riparian Wetland
Restoration Site
Davidson County
North Carolina
T11.
TITLE PAGE
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1101 Haynes Street, Sute 211
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Notes & Revisons
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Summit Seep
Non-Riparian Wetland
Restoration Site
Davidson County
North Carolina
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Restoration Systems, LLC
1101 Haynes Street, Sute 211
Raleigh, NC 27604
Notes & Revisons
P j-
Summit Seep
Non-Riparian Wetland
Restoration Site
Davidson County
North Carolina
rnr,
Grading Plan
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SPECIES Total Planted %ot7c,. .w
' A EI (lNmus amaicana) 900 1304%" - :J t S 1 IV. 6"a'.k GU ( a98s M
I-) 900 1304% ?;
Davidson County
North Carolina
y Fackber! (C.&W Gdentaks) 900 13.04% j" r
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FIGURE NO.
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. ..
I }
APPENDIX E
Correspondence and figures from Axiom Environmental
Notification of Jurisdictional Determination
Axiom Environmental, Inc.
20 Enterprise St. Suile 7 Raleigh. AVorth Carolina 27607 919-270-9306, 696-3045
Axiom Environmental. Inc.
December 29, 2010
Mr. John Thomas
United States Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Section 404 Jurisdictional Area Delineation 10-017
Summit Seep (Parson Property)
Davidson County, NC
Mr. Thomas:
Axiom Environmental Inc. (Axiom) was contracted by Restoration Systems, LLC to conduct an
assessment of a proposed 6.8-acre environmental easement (hereafter, the Easement Area) within a
parcel of land, the Parson Property, located 6 miles southwest of Lexington, North Carolina. Axiom
conducted jurisdictional area delineations within Easement Area of the Parson property in October
2010. All jurisdictional areas were delineated in accordance with the methodology established by
the United States Army Corps of Engineers (USACE) Wetland Delineation Manual (Technical
Report Y-87-1) and Interim Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Eastern Mountains and Piedmont Region (ERDC/EL TR-08-30), and USACE
Jurisdictional Determination Form Instructional Guidebook.
Axiom identified one (1) perennial stream within the Easement Area, an unnamed tributary (UT) to
North Potts Creek [Second Potts Creek (Figures 1 and 2)]. The perennial stream located within the
proposed conservation easement is a UT to North Potts Creek [North Carolina Division of Water
Quality (NCDWQ) Stream Index Number 12-112]. All water resources located on the proposed
Easement Area are part of the Yadkin-Pee Dee River Basin USGS Hydrologic Unit (HU)
03040103020010 (Figure 2). A USACE Stream Quality Assessment Worksheet has been completed
for UT to North Potts Creek. The perennial stream corresponds to a 50-foot reach adjacent to flag
PC 15 (as noted on the form). Total length of UT to North Potts Creek within the preliminary
conservation easement is 543 linear feet of perennial stream.
In addition, UT to North Potts Creek Easement Area encompasses approximately 0.3 acre of
wetlands. The approximate location of jurisdictional wetland areas within the Easement Area are
depicted on Figure 4. Wetland Determination Data Forms, NC Wetland Assessment Method
(NCWAM) Field Assessment Form, NCWAM Wetland Rating Sheet (Results), and Approved
Jurisdictional Determination Form have been completed for the wetland area. Wetlands occurring
within UT to North Potts Creek may generally be classified as a palustrine, emergent, persistent
(PEM 1).
J 4 '
Mr. John Thomas
December 29, 2010
Page 2
Axiom Environmental, Inc.
Axiom is interested in obtaining USACE verification ofall jurisdictional features delineated within
the preliminary conservation easement.
Attached to this letter are the following items:
• Figure 1. Vicinity Map
• Figure 2. Watershed Map
• Figure 3. Soils Map
• Figure 4. Jurisdictional Areas Map
• Figure 5. LiDAR Map
• Figure 6. Contour Map
Again. we are interested in obtaining USACE verification of all jurisdictional features that occur
within the proposed conservation easement. Please let me know if you need additional information
or have any questions about the information provided to you in this package. Axiom is happy to
meet you in the field to look at the project if you are interested, and will work with you to schedule a
site visit. Thank you for your assistance with this project.
Sincerely,
AXIOM ENVIRONMENTAL, INC.
Matthew D. Thomas
Senior Scientist
CC: John Preyer, Restoration Systems, LLC
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A.,mEn.arr«ui.?rc. Davidson County, NC Project No.: 10.017 V
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Notification of Jurisdictional Determination
i W
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 201100149 County: Davidson U.S.G.S. Quad: Lexington NVest
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent Restoration Systems LLC / NA'orth Creech
Address: 1101 Havnes Street, Suite 211
Raleigh, NC 27604
Telephone No.: 919 334-9114
Property description:
Size (acres) 8 Nearest Town Linwood
Nearest Waterway North Potts Creek River Basin Yadkin River
USGS HUC 03040103 Coordinates N 35.7611706 1V -80.3348213
Location description Site known as Summit Seep located off of Sam Sharpe Road east of intersection with Clvde
Fitzgerald Road, adiacent to tributaries of North Potts Creek, west of Linwood, in Davidson County. North Carolina.
Indicate Which of the Following Apple:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the pernnit requirements of
Section 10 of tine Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. on the above described project area subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years fi•om the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, tine Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Cops.
X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by tine Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area iVianagement Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine
their requirements.
Page I of 2
Action ID:
Placement of dredged or 611 material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC y 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact John Thomas at 919 554-4884 ext. 25.
C. Basis For Determination
There are stream channels within your project site which are tributaries of North Potts Creek which tloNN s into the
Yadkin River and the Atlantic Ocean.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
deterrination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it n)rst be received at the above address b\ \ Iarch L'. 201 1.
**It is not necessary to submit an RFA for t the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: S
Date 01120/2011 1 Expiration Data 01/20/2016
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.Com/ to
complete the survey online.
Copy furnished:
Joyce Stokes Parsons, 1889 Clyde Fitzgerald Road, Linwood, NC 27299;
Grant Lewis, Axiom Environmental, Inc., 20 Enterprise St. Suite 7, Raleigh, NC 27607
Page 2 of 2
I .a 0
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Restoration Systems LLC,
Summit Seep, Worth Creech File Number: SAW 2011
00149 Date: January 20, 2011
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at littp://www.tisace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section iI of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this forni to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of inforrnation that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INF ORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
John Thomas @ 919 554-4884 ext. 25 Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9A,115, Atlanta,
Georgia 30303-8801
APPENDIX F
PERFORMANCE BOND
Summit Seep Wetland Mitigation Site
Mitigation Plan
January 2011
Appendix F
February 21, 2011
Mr. Worth Creech
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Ral' gh? North Carolina 27604
h?} t Subjebt ? Mitigation Flab for the
Summit Seep Wetland Mitigation Site - Full Delivery Project
Yadkin River Basin - CU# 03040103 - Davidson County
Contract No. 003244
Dear Mr. Creech:
On November 30, 2010, the Ecosystem Enhancement Program (EEP) received the Summit Seep
Wetland Mitigation Site from Restoration Systems, LLC (RS). The Plan establishes the plan of
restoration for the site and establishes the anticipated mitigation of 3.9 acres nonriparian wetland
restoration and 0.18 acres of enhancement for a total of 4 anticipated Wetland Mitigation Units.
EEP provided comments concerning the draft report by copy of letter dated December 6, 2010.
RS revised the report and provided final copies to EEP on February 16, 2011.
The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and
has no additional comments at this time. Please proceed with acquiring all necessary permits and/or
certifications and complete the implementation of the earthwork portion of the mitigation project
(Task 4). A copy of this letter should be included with your 401/404 permit applications.
if you have any questions; or wish to discuss this matter further, please contact me at (919) 715-1656
or email at guy.pearce@ncmail.net.
Sincerely,
AGIC-K. rce
EEP Full Delivery Program Supervisor
cc: files
st y j rz?c?t 'vo c : ? ? ?, A
North (arolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh NC 27699-1652 / 919-715-0476 N D www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 201100149 County: Davidson U.S.G.S. Quad: Lexington West
NOTIFICATION OF JURISDICTIONAL DETERIMINATION
Property Ownerl'Agent: Restoration Systems LLC / Worth Creech
Address: 1101 Haynes Street, Suite 211
Raleigh. NC 27604
Telephone No.: 919 334-9114
Property description
Size (acres) 8 Nearest'fown Linwood
Nearest Waterway North Potts Creek River Basin Yadkin River
USGS HUC 03040103 Coordinates N 35.7611706 W -80.3348213
Location description Site known as Summit Seel) located off of Sam Sharpe Road east of intersection with Clvde
Fitzgerald Road, adiacent to tributaries of North Potts Creek, west of Linwood, in Davidson County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
tinder the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are waters of the U.S. on the above described project area subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area IVlanagement Act
(LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine
their requirements.
Page 1 of 2
Action ID:
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact John Thomas at 919 5544884 ext. 25.
C. Basis For Determination
There are stream channels within your project site which are tributaries of North Potts Creek which flows into the
Yadkin River and the Atlantic Ocean.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it n)#st be received at the above address by March 22, 2011.
**It is not necessary to submit an RFA forgf q'the District Office if you do not object to the determination in this
conespondence.** 7/ /
Corps Regulatory Official:
Date 01/20/2011 / Expiration Date 01/2012016
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.coni/ to
complete the survey online.
Copy furnished:
Joyce Stokes Parsons, 1889 Clyde Fitzgerald Road, Linwood, NC 27299;
Grant Lewis, Axiom Environmental, Inc., 20 Enterprise St. Suite 7, Raleigh, NC 27607
Page 2 of 2
•
4
f?NOTIFICATION?OF` ADMINISTRATIVE APPEAL OPTIONS ;i1 PROCES$ AND.:
REQUEST FOR APPEAL s
Applicant: Restoration Systems LLC, File Number: SAW 2011 Date: January 20, 2011
Summit Seep, Worth Creech 00149
At tached is: See Section below
9 INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/ftinctions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered pernut (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: Your may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
John Thomas @ 919 554-4884 ext. 25 Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Att»:Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Nlike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9MI5, Atlanta,
Georgia 30303-8801
Natural Resource
Restoration & Conservation
July 27, 2010
Renee Gledhill-Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Subject: Request for Letter of Concurrence on Summit Seep Wetland Restoration Site
Dear Ms. Gledhill-Earley,
Restoration Systems, LLC (RS) has been awarded a contract by the NC Ecosystem
Enhancement Program (EEP) to restore 4.1 acres of a nonriparian wetland site in the Yadkin River
Basin, Cataloging Unit 3040103. The project is located in Davidson County, approximately 5 miles
southwest of Lexington adjacent to Sam Sharpe Road (SR 1134). A snap showing the location of the
site is attached.
The site consists of native forest vegetation that has been removed, and the land has been
ditched to remove groundwater hydrology from a spring and hillside seep along the western edge.
Currently utilized as livestock pasture, the site is situated upslope from the western edge of an
unnamed tributary of the North Potts Creek floodplain. The Summit Seep Wetland Restoration Site
has been identified for the purpose of providing in-kind mitigation for unavoidable wetland impacts.
Primary activities, designed to restore 4.1 acres of nonriparian, include filling ditches, redirecting
hydrology from springs across the Site, excluding livestock, and planting native, forest species.
There are no structures on or adjacent to the site. RS staff examined the records in your
office and determined that there are no listed historic properties or archeological records on or within
0.5 miles of the site. A letter of concurrence from your office is required as part of the
Environmental Screening of the project. I would appreciate receiving such a letter for this project at
your earliest convenience.
Thank you in advance for your timely response and cooperation. Please feel free to contact me at the
office (919) 755-9490 if you have any questions.
Best Regards,
/' " 4,_?
Worth Creech, Project Manager
Attachment: location map
Pilot Mill • 1101 Haynes St., Suite 211 0 Raleigh, NC 27604 0 www.restoradongstems.com 0 Phone 919.755.9490 0 Fax 919.755.9492
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- Take the first right on Clyde Fitzgerald Road
- Travel - 4.5 miles and turn left on Sharp Road
y ' - Travel - 0.25 mile, Site is on the right
?- lE - Permission from landowner is required to access the site --
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Axlom Environmental
A 2 Raleigh, $ z soil
(919) 216.1693
SUMMIT SEEP
NONRIPARIAN WETLAND RESTORATION
SITE LOCATION
awn. sYWGL
DatFab a:
2010
Project.
FIGURE
1
Davidson County, North Carolina 09-002
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Legend
GOMERY
Summit Seep Site
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c Unit 0.3040103
HY.
14 Digit Hydrologic Unit 0.3040103020010 -
Mom Environmental SUMMIT SEEP Own. By' GL FIGURE
10Enterp* ft-#7 'NONRIPARIAN WETLAND RESTORATION Oats:
(019 2
Raleigh, 16M 27607 - ' -- HYDROLOGIC UNIT MAP Feb 2010
. {B`I9j 21 5-i89? Project;
Davidson County, North Carolina 09 -002
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SUMMIT SEEP Dwn, By: FIGURE
WQL
Axiom Environmental
20 Enterprise St. #7 NONRIVERINE WETLAND RESTORATION Data,.
Raleigh, nc 27607 TOPOGRAPHY Feb 2010
(919) 215-1693 Project
Davidson County, North Carolina 09-002
I i
SUMMIT SEEP' Dwn. By' FIGURE
MM Emdronmental WG L
20Entarpriaest.#T NONRIPARIAN WETLAND RESTORATION Date:
t Raleigh, NC 27807 EXISTING CONDITIONS ProFe?b 2010 4
{919) 215.1693
Davidson County, North Carolina 08-002
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor
Ianda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
August 27, 2010
Worth Creech
Restoration Systems, LLC
1101-Haynes Street
Suite 211
Raleigh, NC 27604
Re: Summit Seep Wetland Restoration Site, Davidson County, ER 10-1417
Dear Mr. Creech:
Thank you for your letter of July 27, 2010, concerning the above project.
Office of Archives and I listory
Division of I listorical Resources
David Brook, Director
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. "Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
/Peter Sandbeck
T
Location: 109 East Jones Street. Raleigh NC 27(1)1 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: ()19) 807-6570/807-6599