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HomeMy WebLinkAbout20140129 Ver 2_401 Application_20210202O vlli::� Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 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 ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Little Buffalo Creek Repair 2b. County: Cabarrus 2c. Nearest municipality / town: Gold Hill 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Hammill Farms Inc. 3b. Deed Book and Page No. DB00061, P00084 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 11877 Klutz Road 3e. City, state, zip: Gold Hill, NC 28071 3f. Telephone no.: 800-533-3569 3g. Fax no.: 3h. Email address: AHammill@idexcorp.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Edward Samanns 4c. Business name (if applicable): WSP 4d. Street address: 434 Fayetteville Street, #1500 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: (973) 407-1468 4g. Fax no.: 4h. Email address: ed.samanns@wsp.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 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 5693372834 1 b. Site coordinates (in decimal degrees): Latitude: 35.491041 Longitude:-80.366698 1 c. Property size: 165 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Dutch Buffalo Creek 2b. Water Quality Classification of nearest receiving water: WS-1 2c. River basin: Yadkin (CU 03040105) 3. Project Description 3a. Forest Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Land, pasture land and agriculture 3b. List the total estimated acreage of all existing wetlands on the property: 0.5 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,590 3d. Explain the purpose of the proposed project: Address cattle damage and sediment accumulation on 475 ft. of two headwater stream restoration/enhancement areas. See construction plans. 3e. Describe the overall project in detail, including the type of equipment to be used: The repairs will re-establish channel banks and depth as needed and conduct seeding, live stake and container plantings within the disturbed area. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? ❑ Yes 0 No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. A Nationwide 27 permit was granted for Little Buffalo Creek stream restoration project. The action ID is SAW-2014-00386. See attached. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Yes/No - W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 T Excavation UT-2 INT Corps 2 75 S2 T Excavation UT-3 INT Corps 1 400 S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 475 3i. Comments: Please see the attached Adaptive Management Plan. Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B 1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Limit the grading activities within the limit of disturbance area. I 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Excavation is limited to reforming channel banks where needed, and remove accumulated sediment as needed. Disturbance to existing vegetation will be minimized. Work area will be seeded, mulched and planted immediately following excavation. 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 ❑X 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 El 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 ❑X 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: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 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 ❑X 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 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X 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 ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X 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 ❑X 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. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ❑X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? 0 Yes ❑ No 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? IPaC and previous project documentation 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes 0 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Flood map Edward Samanns Applicant/Agent's Printed Name U% 02-02-2021 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 November 16, 2020 Paul Wiesner NCDEQ — DMS 5 Ravenscroft Drive Asheville, NC 28801 RE: Little Buffalo Creek Stream Restoration Project Adaptive Management Plan NCDEQ — Division of Mitigation Services Contract #002029 DMS Project # 94147 Cabarrus County, North Carolina Yadkin River Basin - 03040105 Dear Paul, Below please find the Adaptive Management Plan (AMP) for the Little Buffalo Creek Stream Restoration Project. The AMP has been developed in accordance with comments and recommendations from the Interagency Review Team (IRT) received at the July 27, 2020 closeout site visit and follow up information received by the IRT on August 17, 2020 via email. Based on the input of the IRT and DMS an Adaptive Management Plan was developed to address the project issues outlined below. Attachments include design sheets that highlight the proposed work areas along Unnamed Tributary (UT) 2 and 3 as part of the Adaptive Management Plan. Below is an explanation of the issues and the planned work that is targeted for completion in December 2020. UT-2: Issue: An approximately 75-foot segment of the channel has an undefined bed and bank as a result of past sediment accumulation. Plan: A follow up field visit conducted on October 16, 2020 determined that the length of channel that needs to be modified is approximately 75 feet in length. A single thread channel will be excavated in this reach using the existing channel dimensions as a guide for the appropriate width and depth. The location of the channel construction is shown in Attachment A, Plan Sheet 1. Given the short segment and potential to damage trees and shrubs with large equipment the work will be completed using hand tools. Excavated material will be side cast upslope and into the riparian areas, spread out by raking and seeded with a native seed mix. The channel edge will be planted with a double row of approximately 100 live stakes at 3-foot spacing. Live stakes will consist of native species of willow (Salix), buttonbush (Cephalanthus occidentalis) and dogwoods (Cornus). The dense shrub growth will secure the channel banks, reduce the likelihood of herbaceous plant growth within the channel, and promote stability of the channel banks and floodplain zone. The major sources of sediment that may have affected this reach have been stabilized with the revegetation of the easement (former cropland) and the removal of the beavers from the upslope pond. Based on field observations the pond outfall is stable. Field observations over the past year have shown that ongoing channel adjustment to form a single channel has persisted and is likely to be maintained with the removal of potential sources of sediment. Assisted by establishment of lives stakes, and without a significant source of new sediment loads, the channel is likely to maintain its restored form over time and effectively transport sediment. UT-3: Issue: The upper portion of the UT-3 channel is poorly defined and damaged by recent cattle encroachment and sediment accumulation from the erosion of an off -site, unused cattle crossing. The area of prior bank erosion at the culvert is appears to be stable and is no longer a significant source of sediment. Plan: WSP conducted a field inspection October 9, 2020 to determine the length of channel to be restored and the extent of replanting that will be required. Channel: Based on field inspection, approximately 400 liner feet of stream channel beginning at the start of the reach at Station 10+00 extending downstream to Station 14+00 (see UT3 Plan View sheet) requires reconstruction to re-establish or reform a defined channel. WSP proposes to use a small, tracked excavator to reform and excavate the channel beginning at the downstream end of the work area and proceeding upstream to the start of the channel within the spring seep. The channel width will be restored to the original design width and depth as depicted in the typical section sheet (attached). The maintenance work will restore the channel back to its functional conditional before the bank erosion at the cattle crossing and the recent damage from the cattle encroachment occurred. Without a significant source of sediment loads, the removal of cattle encroachment and the additional tree and shrub live stake planting along the channel is likely to maintain the restored form over time. Riparian Vegetation: WSP has completed an initial fall herbicide treatment of the densest areas of tall fescue within the easement. Additional herbicide treatment will occur in the spring of 2021. Supplemental planting with native trees and shrubs within the conservation easement is planned in December 2020 concurrent with the channel work. The reconstructed channel will be replanted with approximately 800 live stakes at 3-foot spacing. A portion of the live stakes will also be planted within the spring seep at the upstream end of the UT3. Live stakes will consist of native species of willow (Salix), buttonbush (Cephalanthus occidentalis), and dogwoods (Cornus). The supplemental planting in portions of the riparian zone, outside of the live stake planting area, will focus on areas with low tree density based on the recent 2020 monitoring results. The combined areas for supplemental planting are approximately 1.0 acre in size and will be planted with a mixture of native tree species, including oaks (Quercus), sycamore (Platanus occidentalis), sugarberry (Celtis laevigata), slippery elm (Ulmus rubra) and black gum (Nyssa sylvatica). Approximately 200 plants installed at 12 to 15 foot centers are necessary to meet the required planting density. The plant material will be container grown plants in No. 1 size containers (I-gallon)with an approximate height of 3 feet. The main planting areas coincide with the two fescue treatment areas shown on the UT3 Plan View sheet, though additional small patches requiring just a few trees will also be planted. Cattle Encroachment: Issue: Recent cattle encroachments have impacted the condition of the stream channel and riparian zone on UT-3 and to a lesser degree the riparian area along portions of UT-4 and the mainstem of Little Buffalo Creek below (downstream) of Old Mine Road. The cessation of recurring cattle encroachments is a requirement of the IRT for future project closeout and credit release. Plan: WSP has been in correspondence/discussion with Mr. Marcus Harward, cattle owner and lessee of pasture from Mr. Philip Cline, as well as Mr. Cline and Mr. Allen Hamill, the primary landowner's whose land is affected by cattle encroachments. Mr. Harward indicated his willingness to do what is needed to avoid future cattle encroachments at the site, including: Keeping the gates closed at the stream crossing. Improving the fence at the crossing to prevent calves from moving through the chains when the crossing is in use. Providing a water source in the lower, western pasture. Cattle use this field primarily in the fall and winter. Conducting weekly inspections of the fence and addressing any issues to prevent cattle from accessing easement. Communicating with WSP frequently on status and findings of the weekly inspections. WSP will continue regular coordination with Mr. Harward, Mr. Cline and Mr. Allen throughout the year to track progress and compliance with these elements of the plan. In addition to these items, WSP has initiated monthly site visits to inspect the conservation easement, fence condition, and signs of cattle encroachment, and will report site findings to DMS following each visit. DMS has likewise initiated monthly site visits. The exclusion of livestock together with the planting of additional trees and shrubs along the modified channel segments of UT-2 and UT-3, and portions of the riparian zone of UT-3, will improve the rate of forest establishment within the riparian zone, improve water quality and water infiltration through soil, and provide for a stable and persistent channel and floodplain. WSP staff completed the installation of additional fencing at Old Mine Road to close off gaps between the easement fence and the bridge to prevent cattle from entering the easement from the roadway. Invasive Plants: Issue: Invasive plants have been greatly reduced to less than 5 percent cover within the easement. Some recurrence of treated species such as Chinese privet and tree -of -heaven has been noted within the easement by both WSP and DMS staff. DMS staff have also observed patches of Japanese honeysuckle. Plan: Invasive plant removal will be performed within the easement in the winter and spring using a combination of hand -pulling and cut -stump herbicide treatment. The stream restoration and enhancement corridor will be inspected and invasive plants removed or treated as encountered. Monitoring Plan: Following the completion of the stream channel corrections and additional plantings, WSP will conduct periodic visual monitoring of site conditions along the entire channel and riparian zones of UT-2 and UT-3. Site conditions will be recorded through photographs and plan notes indicating locations of active bank erosion, excessive sediment aggradation and degradation, head cuts, undercut banks, and other features indicative of active channel adjustments. If needed, any additional channel work to address localized areas of instability on UT-2 or UT-3 will be completed by hand work. Locations will be marked on a site map with approximate beginning and end points, type of feature, and photograph locations to aid in future inspections of these same areas. The dam outfall above UT-2 will also be inspected periodically for signs of erosion or new beaver activity. For UT-3 the riparian zone will be monitored for tree and shrub density in the spring using the established plot and a series of a minimum of six additional 1 Om by 1 Om plots. Both planted material and recruits will be counted. Each plot will be photographed. The general condition of the observed trees and shrubs will be recorded. A letter report will be sent to DMS with the results of the monitoring by May 30t" with recommendations to address any issues observed. A final letter report summarizing the monitoring and maintenance findings will be submitted in early fall to DMS and the IRT. Permitting Plan: Prior to implementation of any work that will directly impact aquatic resources the appropriate federal and state permits will be acquired. For this project a Nationwide Permit No. 3 for maintenance will be required from the USACE, and a Section 401 Water Quality Certificate will be required from the NC Division of Water Quality. Permit applications and supporting materials will be prepared and submitted to each agency for review and approval. The area of disturbance on UT2 and UT3 is estimated to be less than 700 SY or 0.016 acre; therefore, a Land Disturbance permit will not be required. Project Closeout: WSP is proposing a project closeout site visit to be scheduled for late October or early November of 2021. Based on the implementation of the measures noted above and the exclusion of cattle from the easement WSP anticipates requesting a full credit release for UT-2 and UT-3 for a combined total of 1,259 SMUs. Reach ID Stationing Existing Feet (linear feet) Restoration Footage* (Stationing) Mitigation Ratio Stream Mitigation Units 335 P (10+00 - 13+35) 94 EII (13+35 - 10+00 to 13+79) R 1:1 UT 2 19+51 951 49 R (13+79 - E II 2.5:1 343 14+28) P 5:1 523 EII (14+28 - 19+51) 218 R (10+00 - 12+18) 249 EII (12+18 - 14+67) 194 EI (14+67 - 16+61) 24 R (16+61 - 16+85) 342 EI (16+85 - 10+00 to 20+27) R 1:1 UT 3 1�975 E I 5:1 916 24+75 109 EII (20+27 - E II 2.5:1 2 21+36) 23 R (21+36 - 21+59) 255 EII (21+59 - 24+14) 40 R (24+14 - 24+54) 21 EII (24+54- 24+75) Please let me know if you have any questions regarding the proposed Adaptive Management Plan. Sincerely, WS 'US o tions, Inc. Edward Samanns Senior Program Manager Cc: I Becker, WSP M. Holthaus, WSP Attachments 4 w O Cn 2 \II I 1 1 6 AMMILL FARM INC s \ �m z PIN 72834 \ �, WG, <� O o WE 656.3' --•-•—••—. ..� \\� CD ui REMOVE EXISTING P E \ 11\\ 0 Ncv LLJ In .. .. .. .. . .. . .. .. .. .. . .. Q W �. 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REMOVE EXISTING FENCI •• ••�•• ^ N \ X• W THIN EASEMENT AREA Y . 1 Lk � z (a E 6 �" I ( x Ofc \\ \ h 5- n X— x X—X W U \ \ UT-3 * �oLi W 5 5 •'� LiJ m z WE 664. \ \ ` �/ 4 N cn o Z S X M EXI ING PE 52' CMP INVER - 52. \ _ 52' CMP INV OU * \ 6 5 00 \ 4 \\ 6 x 6 5 W W C2 x x x_ U cr X_ W � w o _ x I + x x x s O W cr d Z r' W } /* �a�F- uzzz �' o�o� ~ + O o ILL. Cr tnz o) + ILL. ooa lJ + omwW WaN �moJ2 CL + Q V LL 0 + J cr � } a o LL.1 ` yQttSloy%' DATE JUNE 2014 SEAL 94147 Digitally signed by Samanns, Edward �+� . 03 DN: E=ed.samanns@wsp.com, O FILENAME CN="Samanns, Edward", OU=Active, OU=Users, OU=US-LS, 0 50 1 00 �� d !"1a�yt !:S `� 17 OF 54 Samanns, Edward t SHEET N0. OU=Transitions, DC=wrp, i DateP20210D202n16:26:10-06'00' '///gNallOi o` DRAWING NO. PC6 SCALE 1' -100' /�nlllix DRAWN BY A filename: peralions — Little u co ree a rvera es rcwings inaDesign esign ons uc ion Pion a —redesign _ u a o_ _—b.dgn Late: ime: CONSTRUCTION LIMITS 8' 8• 1 VARIES OUTER EDGE OF OUTER EDGE OF VARIES 4' -BANKFULL BENCH EXISTING BANKFULL BENCH GROUND EXISTING GROUND \/\\/ \\\\�/ �/\\\ //\ %i\ LOW FLOW CHANNEL 6" GRAVEL LINED BOTTOMS MAINSTEM CONCRETE REMOVAL RIFFLE ALIGNMENT STATIONS 64+06 TO 64+21.15 64+56.15 TO 64+66.15 65+06.15 TO 65+27.87 N.T.S. CONSTRUCTION LIMITS 10.5' 1 10.5' OUTER EDGE OF BANKFULL BENCH VARIES EXISTING GROUND VARIES 5, EXISTING GROUND \ OUTER EDGE OF ANKFULL BENCH 6" GRAVEL LINED BOTTOM' I SLOW FLOW CHANNEL MAINSTEM CONCRETE REMOVAL POOL ALIGNMENT STATIONS 64+36.15 TO 64+46.15 64+76.15 TO 64+96.15 N.T.S. OUTER EDGE OF BANKFULL BENCF MEET EXISTING GROUND — EXISTING GROUND MEET EXISTING GROUN CONSTRUCTION LIMITS VARIES • 0.5' • 0.5'• VARIES OUTER EDGE OF BANKFULL BENCF NOTE: CHANNEL DEPTH SHALL BE 6 INCHES MINIMUM. LOW FLOW CHANNEL UT2 AND UT3 CHANNEL CREATION ALIGNMENT STATIONS UT2 13+72.14 TO 14+23.88 UT3 10+00 TO 11+97.12 N.T.S. CONSTRUCTION LIMITS VARIES EXISTING Ex GROUND G1 /.\//.���\��\\��\j/\\//� \//i\/�\i\\i� 'x / OUTER EDGE OF OUTER EDGE OF BANKFULL BE`\/��\/ \\�/\\�//��/� BANKFULL BENCH EXISTING TOE OF SLOP OW FLOW CHANNEL UT3 AND UT4 BANK ENHANCEMENT ALIGNMENT STATIONS UT3 14+60.22 TO 19+74.90 UT4 14+31 TO 18+28 N.T.S. Digitally signed by Samanns, Edward ON: E=ed.samanns@wsp.com, Samanns, Edward CN="SamannEdward", OU=Active, OlJU=Users, OU=US-LB, OU=Transitions, DC=corp, DC=pbwan, DC=net Date: 2021.02.02 16:25:44-05'00' SEAL 16003 ?MD U C a to Z) o ti � N c � IY > 2 W Q m -U co W5-o m�Z U) o -c O — .L O J � IE W H la ~ Q V1 U CY Z W O O Y O X _ W LLP er>- a U J �- F.- W W UZ ZZ V,)> OLOM J_j Q U U Q U 1I.L.Cr to Z —Z �0D< aW m V cr z H W U Wxa� Wx U W O Z ~a NaW J a O cn d tN O U W )ATE JUNE 2014 �ROJECT NO. 94147 TY5 STREAM BANK DETAIL - ZONE 1 N.T.S. LIVE STAKE INSTALLATION: 1. TAMP THE LIVE STAKE INTO THE GROUND AT RIGHT ANGLES TO THE SLOPE FACE. 2. LIVE STAKES SHALL BE INSTALLED 2-3 FEET APART USING TRIANGULAR SPACING. STAKES SHOULD BE PLACED WITH 2 TO 4 STAKES PER SOUARE YARD. 3. BUDS SHALL BE ORIENTED UP. 4. FOUR FIFTHS OF THE LENGTH OF THE LIVE STAKE SHALL BE INSTALLED INTO THE GROUND AND SOIL FIRMLY PACKED AROUND IT AFTER INSTALLATION. 5. STAKES THAT SPLIT DURING INSTALLATION SHALL BE REPLACED AT THE CONTRACTORS EXPENSE. 6. AN IRON BAR CAN BE USED TO MAKE A PILOT HOLE IN FIRM SOIL. DRIVE THE LIVE STAKE INTO THE GROUND WITH A DEAD HAMMER (HAMMER HEAD FILLED WITH SHOT OR SAND). ACCEPTABLE LIVE STAKE SPECIES SCIENTIFIC NAME BLACK WILLOW SALIX NIGRA SILKY DOGWOOD CORNUS AMOMUM NOTE: REFER TO PLANTING NOTES n • 1 STREAM BED LIVE STAKE INSTALLED AT RIGHT 6 IN BY 6 IN BACKFILLED I it HMINAL ANUHUH I Ht NUH LIVE STAKE INSTALLATION N.T.S. 6 IN BY 6 IN BACKFILLED INII IAL ANUHUH I Ht NUH t U a LO DO CV 1Y Q 2 W m (D_U m w W�:a mrz U)o_c� o J � W S LIVE STAKE DETAIL � a Wcr LIVE STAKE GUIDELINES: N.T.S. 0 W c a _J r cr a 1. LIVE STAKE CUTTINGS SHALL BE INSTALLED WITHIN THE PLANTING ZONE I AS INDICATED ON THE PLANTING NOTES. u z z z W 2. LIVE STAKE CUTTINGS SHALL BE 0.5 TO 1.5 INCHES IN DIAMETER AND A MINIMUM OF THREE FEET LONG. o�ou Jt..)W o 3. CUTTINGS SHOULD BE UNDAMAGED, DISEASE AND INSECT FREE STOCK, AND FROM THE LIST OF ACCEPTABLE SPECIES PROVIDED ON THE PLANS. t' cr V) z Z 4. MATERIALS MUST HAVE SIDE BRANCHES CLEANLY REMOVED AND BARK INTACT. Z cr m m 5. THE BASAL ENDS SHOULD BE CUT AT AN ANGLE FOR EASY INSERTION INTO THE SOIL. THE TOP SHOULD BE SOUARE. STAKES SHOULD BE CO N � z W cr CO W a PLANTED WITH BUTT -END INTO THE GROUND. BUDS SHOULD BE ORIENTED UP. �w � 6. MATERIALS SHALL BE SOAKED IN WATER A MINIMUM OF 10 DAYS IMMEDIATELY AFTER PREPARATION. MATERIALS SHOULD BE INSTALLED THE JL } V) SAME DAY THAT THEY ARRIVE ON SITE. THE MATERIAL MUST NOT BE ALLOWED TO DRY OUT; KEEP MATERIALS IN WATER OR IN A COOL, V' o SHADED. WET ENVIROMENT PRIOR TO INSTALLATION. W 7. PLANTS SHALL BE BOTH CUT AND INSTALLED WHEN THEY ARE DORMANT: THAT IS, PRIOR TO BUD SWELL AND LEAF EMERGENCE IN THE o `TtCA"''-., SPRING AND AFTER LEAVES HAVE TURNED COLOR AND FALLEN OFF IN THE FALL. THE INSTALLATION PERIOD IN THE SPRING IS BETWEEN `sy�//°, °ATE DUNE 2014 MARCH 1 AND APRIL 15, AND IN THE FALL BETWEEN OCTOBER 30 AND NOVEMBER 30. Dlgllany signed by Samanns, Edward = SE7�A(77��L -_ 160073 — 94147 FILENAME DN. E=ed.samanns@wsp.com, CN"Samanns, Edward", OU=Active, Samanns, Edward DU=Usera,OU=US-LB,OD=Transitions, DC=oorp, DC=pbwan, DC=net ��(j�,!1a,,,a�!:S\\: // Iq •'•• ••'•• {� \ SHEET No. 51 OF 54 DRAWING N0. DTg Date: 2021,02.0216:26'. 10-05'00' /��'�$t`{A,�'.\\\ DRAWN BY A -name: peralions — Little u clo reek eliverc es rawings incl esign esign ons uc ion Ian el —redesign —bu olo— IL .dgn a e: ime: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2014-00386 County: Cabarrus USGS Quad: NC -Richfield GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Edward Samanns; Louis Berger Group, Inc. Address: 1001 Wade Avenue, Suite 400 Raleigh, NC 27605 Telephone No.: 973-407-1468 Size and location of property (water body, road name/number, town, etc.): The Little Buffalo Creek project site is located on UTs to and Little Buffalo Creek proper, approximately 12 miles east of Kannapolis and 2 miles southwest of Gold Hill, Cabarrus County, NC. Coordinates are: 35.491041 N,-80.366698 W Description of projects area and activity: The NCEEP Little Buffalo Creek Mitigation project consists of restoration and enhancement of 3,0641f of stream channel associated with the generation of credits for use in the State ILF mitigation program. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 27 Summar of Authorized Im acts and Required Miti ation Impact ID # NWP / GP # Open Water (ac) Wetland (ac) Stream (10 Temporary Permanent Temporary Permanent Temporary Permanent LBC-Restore 27 705 LBC-Enhance 27 120 UT3-Restore 27 197 UT3-Enhance 27 515 UT4-Enhance 27 397 UT7-Enhance 27 1,374 Impact Totals Total Loss of Waters of the U.S. (ac) Total Loss of Waters of the U.S. (If) Required Wetland Mitigation ac Required Stream Mitigation (If) Additional Remarks and/or Special Permit Conditions: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your Final Mitigation Plan (Little Buffalo Creek Stream Mitigation Plan, Final: April 2013) submitted on 7 February, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tyler Crumbley at 919-846-2564. Digitally signed by CRUMBLEY.TYLER.AUT RY.1007509975 Corps Regulatory Official _Tyler Crumbley Date 014.03.13 Date: 13 March, 2014 Expiration Date of Verification: 18 March, 2017 Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area 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. C. ❑ There are waters of the US and/or wetlands within 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued — Action ID Basis of Jurisdictional Determination: The site contains wetlands that meet the criteria of the 1987 Corps Delineation Manual and regional supplement. The stream channels exhibit indicators of ordinary high water marks. The stream channels on the property are UTs to Little Buffalo Creek. UTs flow to Little Buffalo Creek, which flows to the Rocky Watershed, Upper Pee Dee River Basin. The Pee Dee River is a Section 10 Navigable water (TNW) at the Blewett Falls dam on the Anson/Richmond County line in NC. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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 Program Attn: Tyler Crumbley, Project Manager 11405 Falls ofNeuse Road 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 Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * * Digitally signed by ` CRUMBLEY.TYLER.AUTRY �� ✓f. .1007509975 Date: 2014.03.13 Corps Regulatory Official: _Tyler Crumbley _ 14:05:34-04'00' Issue Date: 14 March, 2014 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Electronic Copy Furnished: CESAW-RG-A/Elliot, W. Paul Wiesner/NCEEP Permit Number: 2014-00386 Permit Type: NW 27 Name of County: Cabarrus Name of Permittee: Edward Samanns; Louis Berger Group, Inc. Date of Issuance: 13 March, 2014 Project Manager: Tyler Crumbley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG 11405 Falls of Neuse Road Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Edward Samanns; Louis Berger Group, Inc. File Number: 2014-00386 Date: 13 March, 2014 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 X 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/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. dL 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 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: 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 division 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 and/or the appeal process If you only have questions regarding the appeal process you may you may contact: also contact: Tyler Crumbley, Mitigation Specialist Mr. Jason Steele, Administrative Appeal Review Officer USACE, Regulatory Division CESAD-PDO 11405 Falls of Neuse Road U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, NC 27587 60 Forsyth Street, Room 10M15 919-846-2564 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tyler Crumbley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801 Phone: (404) 562-5137 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 13 March, 2014 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Edward, Samanns; Louis Berger Group, Inc. 1001 Wade Avenue, Suite 400 Raleigh, NC 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-2014- 00386; D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The Little Buffalo Creek Mitigatio Project (NCEEP) is located on UTs to and Little Buffalo Creek proper, approximately 12 miles east of Kannapolis and 2 miles southwest of Gold Hill, Cabarrus County, NC. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:North Carolina County/parish/borough: Cabarrus City: Gold Hill Center coordinates of site (lat/long in degree decimal format): Lat. 35.4910410 N, Long.-80.3666980 W. Universal Transverse Mercator: Name of nearest waterbody: Little Buffalo Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 13,641 linear feet: 3 width (ft) and/or acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: 0.1 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): 7 Office (Desk) Determination. Date: 13 March, 2014 1 ❑ Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 2 This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:20,000 Richfield. M USDA Natural Resources Conservation Service Soil Survey. Citation:Cabarrus County. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ® Other (Name & Date): Mitigation plan photos. ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by C RU M BLEY.TYLER.AUTRY.1 007509975 Date: 2014.03.13 11:10:44 -04'00' Signature and date of Regulatory Project Manager Digitally signed by esamanns @ l o esamanns@louisberger.com DN: uisberger.com cn=esamanns@louisberger.com Date: 2014.03.13 12:02:21-04'00' Signature and date of person requesting preliminary JD 3 }. • abRc��R j a 4 �. 7 7AF W. C CL Au h PN'auk1N•GIO ... �%enepey I PA 'Pa ` v o �D m .. F+elley.itdt 4n� N m N4� � rs�e t .�_._._- 'Stswphrns-hur- .Rdcm Samanns, Edward From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil> Sent: Thursday, November 19, 2020 10:29 AM To: Wiesner, Paul; Haywood, Casey M CIV (USA); Davis, Erin B; Tugwell, Todd J CIV USARMY CESAW (USA) Cc: Phillips, Kelly D; Samanns, Edward; Becker, Jonathan W.; Holthaus, Matthew; Allen, Melonie; Horton, Jeffrey; Hajnos, Edward A Subject: RE: IRT Review Request: Adaptive Management Plan - Little Buffalo Creek (DMS#94147) - (SAW-2014-00386) (DWR#20140129) - Yadkin River Basin (03040105) Thanks Paul, we'll send this out for a streamlined 15-day review to the IRT. Just a note, if the impacts for the repairs will be for more than 75 linear feet, the ePCN should be for a NWP-3, not a NWP-27 as stated in their ADP. Thanks Kim Kim Browning Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers -----Original Message ----- From: Wiesner, Paul <paul.wiesner@ncdenr.gov> Sent: Thursday, November 19, 2020 9:25 AM To: Haywood, Casey M CIV (USA) <Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Browning, Kimberly D CIV USARMY CESAW (USA) < Kimberly. D.Browning@usace.army.mil>; Tugwell, Todd J CIV USARMY CESAW (USA) <Todd.J.Tugwell@usace.army.mil> Cc: Phillips, Kelly D <Kelly.Phillips@ncdenr.gov>; Samanns, Edward <ed.samanns@wsp.com>; Becker, Jonathan W. <JON.BECKER@wsp.com>; Holthaus, Matthew <matthew.holthaus@wsp.com>; Allen, Melonie <melonie.allen@ncdenr.gov>; Horton, Jeffrey <jeffrey.horton@ncdenr.gov>; Hajnos, Edward A <edward.hajnos@ncdenr.gov> Subject: [Non-DoD Source] IRT Review Request: Adaptive Management Plan - Little Buffalo Creek (DMS#94147) - (SAW- 2014-00386) (DWR#20140129) - Yadkin River Basin (03040105) Casey, Erin, Kim and Todd; The Adaptive Management Plan for the Little Buffalo Creek site (DMS# 94147) was posted to the IRT Sharepoint site and DWR Laserfiche on November 19, 2020 for your review. Please review the document (also attached) and let us know if you have any questions, comments or concerns. Project Information: Little Buffalo Creek Mit. Site DMS Project # 94147 USACE # SAW-2014-00386 DWR # 20140129 RFP: 16-001122 - Issued 05/02/2008 Institution Date: 09/18/2009 - Full Delivery Yadkin River Basin Cataloging Unit 03040105 Cabarrus County, North Carolina Proposed Assets at Closeout (2021): 6,337.533 SMUs (warm) FD Provider: WSP - Contact: Ed Sammans, CE, PWS, CERP, ed.samanns@wsp.com <mailto:ed.samanns@wsp.com> 973-407-1468 (office), 973-951-3286 (cell) NCDEQ- DMS PM: Paul Wiesner paul.wiesner@ncdenr.gov<mailto:paul.wiesner@ncdenr.gov>, (828) 273-1673 The Adaptive Management Plan can be accessed directly on the DMS SharePoint site here: IRT-DMS SharePoint Page: https:Hncconnect.sharepoint.com/sites/IRT-DMS/SitePages/Home.aspx <Blockedhttps:Hncconnect.sharepoint.com/sites/IRT-DMS/SitePages/Home.aspx> Little Buffalo Cr._94147_Adaptive Management Plan_11_16_2020 https:Hncconnect.sharepoint.com/sites/IRT- DMS/Misc%20Documents/Forms/Allltems.aspx?id=%2Fsites%2FIRT%2DDMS%2FMisc%20Documents%2FLittle%20Buffal o%20Cr%2E%5F94147%5FAdaptive%2OManagement%20PIan%5F11%5F16%5F2020%2Epdf&parent=%2Fsites%2FIRT%2 DDMS%2FMisc%20Documents <Blockedhttps://ncconnect.sharepoint.com/sites/IRT- DMS/Misc%20Documents/Forms/Allitems.aspx?id=%2Fsites%2FIRT%2DDMS%2FMisc%2ODocuments%2FLittle%2OBuffaI o%20Cr%2E%5F94147%5FAdaptive%2OManagement%20PIan%5F11%5F16%5F2020%2Epdf&parent=%2Fsites%2FIRT%2 DDMS%2FMisc%20Documents> Please let me know if you have questions or call to discuss. Thanks Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services 828-273-1673 Mobile paul.wiesner@ncdenr.gov <mailto:paul.wiesner@ncdenr.gov> Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.