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
�. W
(n
♦ W C
0
U a
r cr
' s LU 0
I a Y O cr Z
ILLP
WO wCrra a
7o cr a�F
3 c)zzz _
O�OM Z
J F— U LIJ O
x ILL. CrNZ U
x ILL. O O Q O
'A O x = LJ
x x�x CO cr z N
x _LIJ a W O
x �<g d
~aU~ d
x x 7 ' Jcr >-
— —x 0 V.)O
x ILLJ
D 10
DATEJUNE 2014
!'SE(/7JIIA/77IIL = 94147
Digitally signed by Samanns, Edward — 16YJ YJ 3 — FILENAME
DN:E=ed.samannsQawsp.com, 0 50' 100' ' ,
Samanns, Edward CN=Uam,0UEdward",U=TmnWe.
OU=Users, OU=US-LB, OU=Trensitions, ��(f���6�y((.:S\� SHEET N0. 15j OF 54
DC=carp, DC=pbwan, DC=net // 4 ` \
Date: 2021.02.0216:24:38-05'00' // NallOi� \\ DRAWING N0. PC4
SCALE P -100' //��nlimt���
DRAWN BY A
filename: peralions — Little u co ree a rverc es rcwings incDesign esign ons uc ion Pion a —redesign _ u a o_ __4.dgn a e: ime:
w
O
Y
2
U
�-64n b'y
0
6
Vl
Z
O
VI
W
lY
H MILL FA INC
5 DEE 455-23
i9 569 4 to
H o
o W Z
m ,^
00-MONUMENT
6 8.61 /
RO S G I E T C '•�• W U
\\ E D /�• RE T I P I 4 4 (�
O T 47.50' ••� O d O
.. - _ aCD
OUT 6 \, •�. ..�•• ..�„�..�. �.. .�..�.
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.