HomeMy WebLinkAbout20060952 Ver 1_Closeout Report_20120401Brown Farm
EEP ID: IMS# 92207
FDP CONTRACT # D050011 -2
USACE ACTION ID #200521343
DWQ 401 #20060952, WQC# 3495
CLOSEOUT REPORT
PROJECT TYPE: Wetland
DG ORS
J aP�Sifif)
Project Setting & Classifications
County
Durham & Orange
General Location
Durham
Basin:
Upper Cape Fear
Ph sio ra hic Region:
Piedmont
Ecore ion:
Triassic Basin
USGS Hydro Unit:
03030002060110
NCDWQ Sub - basin:
03 -06 -05
Wetland Classification
Riparian
Thermal Regime:
Warm
Trout Water:
No
As -built survey
Feb 2007
Project Performers
Source Agency:
EEP
Designer:
KCI
Monitoring Firm
KCI
Channel Remediation
None
Plant remediation
KCI
Property Interest Holder
I EEP
Monitoring Year -2
Dec 2008
Monitoring Year 3
Dec 2009
Overall Project Activities and Timeline
Month -Year
Project Instituted
June 2005
Permitted
June 2006
Construction Completed
Nov 2006
As -built survey
Feb 2007
Monitoring Year -1
Nov 2007
t
Invasive Plant Control
Jun 2008
Remedial Grading
May 2008
Monitoring Year -2
Dec 2008
Monitoring Year 3
Dec 2009
Supplemental Planting
Feb 2010 9500
fMilestone
Invasive Plant Control
May 2010
Monitoring Year 4
Dec 2010
Supplemental Planting
April 2011 4000
Monitoring Year 5
Dec 2011
Invasive Plant Control
April 2012
Closeout Submission
Apr
2012
Project Settin¢ and Background Summary
The Brown Farm Wetland Restoration Project restored 24.6 acres and enhanced 3.3 acres of riparian wetland. The 46.1 -acre project site is located on an active floodplain of New Hope Creek along the Orange -
Durham County line. Project construction occurred in November 2006. Construction involved plugging and filling ditches. The site was planted with native trees and shrubs common to Piedmont Bottomland
Hardwood communities at densities of approximately 436 and 100 -200 stems per acre in the restored and enhanced wetlands, respectively. Supplemental planting with large stock bare root trees was conducted at
the site in the winter of 2009 /2010. The results of the fifth year of monitoring of the Brown Farm Wetland Restoration Project indicate that the site has met the project's success criteria.
To illustrate that the site is a riverine system, a stream gauge was installed on New Hope Creek to document overbank flooding. This gauge was installed in February 2008. Since installation, the gauge has
recorded 40 overbank flooding events (over 253.8' elevation). These events typically flood approximately 75% or more of the site.
Goals and Objectives
Goals:
• Restore aquatic/terrestrial wildlife habitat
• Improve water quality
• Increase groundwater recharge
• Enhance nutrient cycling
• Restore a native bottomland hardwood community
Success Criteria
Objectives:
• Plugging and filling drainage ditches throughout the site
• Removing ditch spoil from wooded areas to restore natural drainage patterns
• Placing water diversion features, where appropriate, to redistribute the surface hydrology
• Recreating microtopography across the site to enhance surface water retention and storage
• Re- vegetating the site with Piedmont Bottomland Hardwood Forest species
Hydrology - Wetland hydrology will be considered established if well data from the site indicate that the water table is within 12 inches of the soil surface for a continuous 5% of the growing season (March 24 to
November 1 for Durham County, a total of 222 days, 5% of which is 11 days) during normal weather conditions. The hydrologic data from the restoration site will also be compared to groundwater data at the
reference wetland site, which is a mature Piedmont Bottomland Hardwood community approximately 0.8 miles from the restoration site. The reference wetland will serve as a comparison for the restoration site to
see if periods of drought or excessive precipitation are reflected at both sites.
Vegetation -The success criteria for the planted species in the restoration areas will be based on survival and growth. Survival of planted species must be 320 stems /acre at the end of five years of monitoring.
Non - target species must not constitute more than 20% of the woody vegetation based on permanent monitoring plots.
Soils - A soils investigation was conducted by a certified soil scientist from KCI to determine the extent and distribution of the hydric soils on the site and to classify the predominate soils to the soil series level.
No Prior Converted (PC) wetland determination has been made on the site by the NRCS. The resulting distribution of soils on -site is estimated to be 75% Wehadkee and 25% Chewacla, which are defined as
hydric soils due to saturation for a significant period during the growing season. There are no success criteria for the project soils due to their previous classification as hydric.
Page 2 of 14
MITIGATION UNIT TOTALS
Stream Mitigation Units
Restoration
Segment /Reach
Pre —
Construction
(acreage /linear
feet
Mitigation
Approach
Watershed
Acreage
As -Built Linear
Footage /Acreage
Mitigation Ratio
Mitigation Units
(SMU /WMU)
STREAM
WMU
26.3
UT1
UT1
UT2
WETLAND
Brown Farm
24.6
R
21,331
24.6
1.0
�'rG
24.6
Brown Farm
3.3
E
21,331
3.3
0.5
1.7
MITIGATION UNIT TOTALS
Stream Mitigation Units
Riparian Wetland
Non - riparian
Total
Wetland
Riparian Buffer
Nutrient Offset
(SMU)
Units
Wetland Units
WMU
26.3
26.3
Pagc 3 of 14
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Figure 2. Project Site NVatershed -Map
Project Site Location
Project Watershed
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KC I o Major Sneaws and ��
1S -Ahgtt HUC Boundaries 1.k040
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-.._.. S-y f...a_ T. 6 P-cm: Sip- Aft
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_ Y1a Se-. u.a : T. 6 P-c.- 6;.-p..
MN
Ch
r -- - - - - - - - - - - - - - - -
111
6 %CP I
Figure 3. Project Site NRC•S Soil Sut-%•e, Nhp
' -
�- '--- Project Site Houndary
K C I
�_ / _/ iNm Hope Creek Assoa B JF NC
K C I
Orange-Durham Comfy Lux
x.500
I —h .q-L 400
rsats6.,� �P� be
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77 BROWN FARM - NEW HOPE CREEK TI �'� T
9 WETLAND RESTORATION PROJECT j�1L f�
5 ORANGE l DURWW COUNTY, NORTH CAROUNA 'i _
I n �tcni
If�i Y .u�.
REV15gR5
Table A3. Vnetation History: Stems/Acre Planted and Total with Volunteers
Project Name: Brown Farm Weiland Restoration
Plot 4
Year 0
Year 1
Year 2
Year 3
Year 4
Year 5
planted
planted
planted
planted
total
planted
total
planted
total
1
640
560
360
360
400
360
360
360
600
2
760
720
600
600
S00
600
640
560
1.760
3
680
560
520
440
1,040
400
960
400
2,040
4
520
240
240
120
1.120
240
1.720
240
5.400
5
640
520
360
360
1 560
360
560
360
1,880
6
400
320
160
160
S00
240
380
240
3,300
1330 o
680
680
480
400
960
400
920
400
1.840
3
560
280
80
0
840
0
640
0
3,480
9
440
360
280
240
840
240
920
240
1.360
10
480
430
320
320
520
320
1.680
280
3,440
11
640
520
480
480
680
480
1.040
480
4,280
12
520
240
200
200
240
200
480
200
920
13
640
560
480
480
1,200
440
1.280
440
1560
14
720
480
400
160
720
120
1280
120
3A80
15
320
320
200
160
360
160
1.080
160
2.120
16
430
440
320
320
430
480
830
480
920
1'
600
560
520
520
1,760
280
1.930
280
1.680
13
320
280
160
160
1000
160
1.530
160
2.120
19
480
480
260
340
330
280
360
440
640
20
640
600
520
440
1.920
440
1.920
360
3.760
Site Average
558
460
347
308
878
310
1.052
310
2?34
:Votes: —FIOT i was moveO in monitoring year uz.
—Total stems includes all volunteer woody stems except for red maple (Acer nibium )
and sweetgum (Liquidambar sryraciva ).
Table Al. Planted stem counts for each species arranged by plot
Project Name: Brosvu Farm Welland Restoration
Species
Plots
1 Initial Totild
Year 5 Totals
Suni'm
1* 1 2 3 a 5 6 7 8 9 10
Trees
ios tivs riroiMOM7
1
l
l
l
6
1
l
1
100"-0
roxiurrs pepmwlvaidca
6
0
100 00
iriodendron tali ifern
6
0
0 °0
Ouernrs Ima i(olin
1
1
1
7
t
57° 0
Ouercus h tutu
1
t
4
3
1
1
l
4
9
12
1330 o
uercus nrichnraxii
1
5
I
1
l
4
I
l
23
1 15
1 65 °o
uercus pagoda
1
1
3
3
1
2
l
3
1
2+
17
74 0o
Onercus phellos
6
2
9
1 5
I 56 0o
r lowti
44
1 0
1 0 °b
"Plot I �cas ino� ed to \IS "0' Additiouai uees fi-out Febntu },' 10 supplemetnal plantutc
Table Al cons. Planted stern counts for each species arranged by plot
Project Name: Brown Farm Wetland Restoration
Species
Plots
Initial Totals
Year 5 Totals
s ..7,11 %
11 12 13 la 15 16` 17 18 19 20
Trees
roxiuus penusvlvanica
1
l
l
6
1
?>
17
680o
iriodeudrou tali ifern
0
0 °o
issasrh•nrico
1
0
0 °0
uercus lnmifolia
1
l
7
2
29 °o
uercushrata
6
4
3
1
1
l
4
28
29
104%
Ouercus rrrichatini
I
I
'_
I
l
S
S
1000"
Ouercus ns;odn
3
l
3
1
2222
16
73%
uercus hellos
6
S
6
75 00
'nb110Wn
30
0
0 00
Additional trees from Febnmary'10 supplemental planting
Page 7of14
Table 6. Hy droperiod History
Project N : Brown Farm Wetland Restoration
Well #
Pre - Restoration
Year 1
Year 2
Year 3
Year 4
Year
1
=:5 °'0
13%
13%
15%
6%
18'/.
2
<5%
24O/a
35%
44%
190/0
560/6
3
<5%
7%
32%
43%
21•x.
27%
4
<5%
5%
15%
18%
1 9%
16%
129/0
34%
45%
196/0
41%
6
<50/*
8%
3000
26%
140/9
28%
1
= =5!/4
90/0
300/e
29%
160%
35%
Ref. \yell
6%
20O/.
16%
16%
�
" Gauge Malfuueuon
12
10
a
6
4
2
0
Brown Farm 30.70 Percentile Graph 2006.2007
Durham, NC Monthly Rainfall
$ m
LL ¢ E ¢ (/) 0 Z a LL Q M ¢ 0 0 Z O
Dato
C77D 2D06 Rainfall 02007 Rainfall —+— 30% Less Than a• 30 °.o Greater Than
Y
I
$ m
LL ¢ E ¢ (/) 0 Z a LL Q M ¢ 0 0 Z O
Dato
C77D 2D06 Rainfall 02007 Rainfall —+— 30% Less Than a• 30 °.o Greater Than
EEP Recommendation and Conclusion
The Brown Farm Site has completed 5 years of monitoring and has exceeded the hydrologic
success criteria all 5 years. Although planted vegetation has been below success criteria for
several plots, volunteer woody species similar to those planted have established throughout the
site.
EEP recommends closure of this project generating 26.3 wetland mitigation units.
Contingencies
No contingencies recommended at this time.
Page 9of14
Pre - Construction Photos
Post - Construction Photos
P Lg(, l u ('t 14
APPENDIX A - Watershed Planning Summary
While the Brown Farm project is not within an LWP area, it is located within the New Hope Creek
Headwaters (03030002060110) TLW, which was identified in the 2009 Cape Fear River Basin
Restoration Priorities report. According to this report, New Hope Creek flows directly to B. Everett
Jordan Lake, a drinking water supply that has been designated a Nutrient Sensitive Water. NC DWQ
has developed a set of proposed rules to reduce NPS pollution to Jordan Lake and restore its
designated uses. Posted online at http: / /h2o.enr. state. nc. us /nps /jordanNutrientStrategy.htm, these
rules seek challenging reductions for waters draining to Jordan Lake, but particularly challenging for
New Hope Creek. Consequently, recommendations for New Hope Creek start with meeting the
proposed nutrient reduction rules for Jordan Lake. Additionally, NC Wildlife Resources
Commission considers the Creek important to restore and protect due to a diverse assemblage of
native mussel species present in the HU. The lower section of the Creek in this HU is also listed as
impaired for not attaining its aquatic life use. In addition to Brown Farm, EEP has undertaken a
stream and wetland restoration project at Sandy Creek (2,700 ft. and 3.6 ac., respectively).
Additionally, EEP has preserved over 3,000 ft. of streams in the HU. In addition to EEP's activities,
the Triangle Land Conservancy (TLC) is actively working with Orange and Durham counties to
protect open space along New Hope Creek. Preservation and restoration activities should continue
to protect native mussels and improve water quality conditions in Jordan Lake.
Page 11 of 14
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APPENDIX B - Land Ownership and Protection
SITE PROTECTION INSTRUMENT
The land required for the construction, management, and stewardship of this mitigation project
includes a portion of the following parcel.
Grantor
County
Site
Deed
Acreage
Protection
Book and
protected
Instrument
Page
Number
Benjamine
David
Brown and
Orange
Conservation
DB5094
46.63
easement
PG241
others
(deed)
httpl /www.nceep.net/GIS DATA/PROPERTY /92207 BrownFarm.pdf
LONG -TERM MANAGEMENT PLAN
Upon approval for close -out by the Interagency Review Team (IRT), the site will be transferred
to the DENR Stewardship Program, which will be responsible for periodic inspection of the site
to ensure that restrictions required in the conservation easement are upheld.
Page 12 of 14
U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID 200521343 County Durham USGS Quad Sw Dui ham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Propel ty Ownct KCI Associates of Nor th Cai olina, P A
Attn Kristin Knight
Address Landmark Center II, 4601 Six Foe ks Road, Suite 220
Raleigh, NC 27609 Telephone No (919) 783 -9214
Authorized Agent NA
Addi ess
1 elephone No
Size and location of property (waterbody, road name/number, town, etc ) The pi glect site contains New Hope Ci eek
and adjacent wetlands, which flow into the Cape Fear River, a navigable waterway
Site Coordinates 35 9667 °N 78 9833 °W Waterway New Hope Creek Rivet Basin Cape Fear
Description of project area and activity The project includes the placement of fill material, including a rock
stabilized plug, required for the development of the Brown Farm Wetland Restoration Site
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivet s and Harbors Act, 33 USC 403)
Authorization Nationwide or Regional General Permit Number(s) 27
Your work is authorized by the above referenced peinut provided it is accomplished in strict accordance with the attached
conditions and your submitted plaits Any violation of the attached conditions of deviation from yout submitted plans may subject the
pernirttee to a stop work oidet a restoration order and/or appiopiiate legal action
This verification is valid until the NWP is modified terssued of revoked All of the existing NWPs are scheduled to be modified,
terssued or revoked pilot to March 18 2007 It is incumbent upon you to remain informed of changes to the NWPs We will issue a
public notice when the NWPs are reissued Furthermore, if you commence or ate wider contract to continence this activity before the
date that the relevant nationwide pet mit is modified or revoked, you will have twelve (12) months fiom the date of the modification or
revocation of the N WP to complete the activity under the piesent tetras and conditions of this nationwide permit If, poor to the
expiration date identified below the nationwide peinut autliortratton is reissued and/or modified, this verification will iemarn valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend or revoke a case specific activity's authorization
under any NWP
Activities subject to Section 404 (as indicated above) may also mequue an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone (919) 733 1786) to deteinune Section 401 requirements
For activities occuurng within the twenty coastal counties subject to regulation under the Coastal At ea Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verrficatron does not relieve the peimrttee of the responsibility to obtain any other required Federal,
State or local approvals /peinuts
If there are any questions regarding this verrficatron, any of the conditions of the Peinut of the Corps of Engnteeis tegulatory
program, please contact Todd Tugwell at telephone (919) 876 -8441, ext 26 y
Corps Regulatory Official Date .Tune 20, 2006
Expnation Date of Nationwide Permit Verification March 18, 2007
Copy Furnished
Page 1
Detei mination of Jurisdiction
A ❑ Based on preliminary information theie appeal 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 CIR Part 331)
B ❑ Theie 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 Hatbois Act and Section 404 of the Clean Water Act Unless there is a change in the law of 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 wateis 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 theie is a change in the law or our published
tegulations this detein- anation may be relied upon for a period not to exceed five yeais fiom the date of this notification
D ® The jurisdictional areas within the above described project area have been identified under a previous action Please
reference the jurisdictional determmation issued on Febi uary 1, 2006 (Action ID 200521343)
Basis of Jurisdictional Determination The site contains an unnamed tributary to New Hope Ci eek, which has ordmai y high
watei mai ks, defined bed and bank, and adjacent wetlands The sti earn channel connects to downstream ti ibutaries in the
Cape bear Rivei Basin
Appe,ds Information (This information does not apply to piehminaiy determinations as indicated by paragraph A above)
"I his correspondence constitutes an approved jurisdictional deteimunation for the above described site If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RrA form to the South Atlantic Division, Division Office at the following address
Mi Michael F Bell Adnvnistiative Appeal Review Officer
CESAD E1 CO R
U S Army Corps of Engineeis, South Atlantic Division
60 Forsyth Street Room 9M15
Atlanta, Georgia 30303 8801
In order for an RFA to be accepted by the Corps, the Corps must deteinune that it is complete that it meets the criteria f6i appeal
under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you
&cede to submit an RFA form, it must be received at the above addiess by
"It is not necessa►y to submit an RFA form to the Division Office if you do not object to the determination in this correspondence
Corps Regulatory Official w _ Date June 20, 2006
Expiation Date of Jurisdictional Determination January 2, 2011
Summary of Authoi ized Impacts and Re utred Mitigation
Action ID
#
NWP / GP
#
Open Water ac
Wetland ac
Unim octant Steam 1
Important Stream 1
Temporary
Permanent
Temporary
Peimanent
Temporary
Permanent
Tempoiaiy
Permanent
200521343
27
0
0
0
000115
0
0
0
0
Impact Totals
0
0
0
000115
0
0
0
0
Total Loss of Waters of the U S ac 000115
Total Loss of Waters of the U S 1 0
Re uned Wetland Mitt ation ac 0
Required Stream Mitigation 1 0
Additional Remarks and /or Special Permit Conditions
Page 2
WILMINGTON DISTRICT
POST - CONSTRUCTION COMPLIANCE FORM
Action ID Numbei 200521343 County Durham
Peimittee KCI Associates of Nor th Carolina, P A Attn Kristin Knight
Date Permit Issued June 20, 2006
Pi oj ect Managei Todd Tugwell
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
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a 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 condition of the said permit, and i equired mitigation was completed in accordance with the permit
conditions
Signature of Permittee Date
Kristin Knight
KCI Technologies
Landmaik Center II, Suite 220
4601 Six Foiks`Road
Raleigh, NC 27609
Michael 1 I asley Governor
William G Ross Jr Secretdry
North Carolina Department of Lnvironment and Natural Resources
September 14, 2006
Subject Pioperty Brown Farm Wetland Restoration
New Hope Cieek [030605,16 41 -1 -(0 5) C, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms Knight
Alan W Klimek P L Director
Division of Water Quality
DWQ Project # 20060952
Orange County
You have oui approval, in accordance with the attached conditions and those listed below, to conduct
mitigation activities within 0 00115 acies of wetlands at the subject pioperty, as described within you,
application dated June 2006 and received by the N C Division of Wate, Quality (DWQ) on June 12,
2006 Aftei ieviewing your application, we have decided that the impacts ale covered by General Watei
Quality Certification Number(s) 3495 (GC3495) The Certifications) allows you to use Nationwide
Peimit(s) 27 when issued by the US Army Coips of Cngmeeis (USAGE) In addition, you should obtain
of otherwise comply with any othe, requned fedei al, state of local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non discharge regulations
Also, this approval to proceed with your proposed impacts of to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit
This approval is for the purpose and design that you described in youi application If you change your
project, you must notify us and you maybe iequired to send us anew application Ifthe propeity is sold,
the new owner must be given a copy of this Certification and appioval letter and is theieby responsible foi
complying with all conditions If total fills fa, this project (now or in the futute) exceed one acre of
wetland of 150 linear feet of stieam, compensatory mitigation may be requited as desci ibed In 15A
NCAC 211 0506 (h) This approval requires you to follow the conditions listed in the attached
cei tification and any additional conditions listed below
Violations of any condition herein set forth may'esult in revocation of this Ce'tification and may iesult in
ctimmal and /or civil penalties The authorization to proceed with you' pioposed impacts or to conduct
impacts to wateis as depicted in your application and as authorized by this Certification shall expite upon
expiration of the 404 or CAMA Pei mit y
If you do not accept any of the conditions of this Certification (associated with the approved wetland o,
steam Impacts), you may ask for an adjudicatory healing You must act within 60 days of the date that
you ieceive this lettei To ask foi a hear mg, send a wi itten petition, which conforms to Chapter 150B of
the North Caiohna Geneial Statutes to the Office ofAdminist'ative Hearings, 6714 Mail Service Center,
Raleigh, N C 27699 -6714 This certification and its conditions are final and binding unless you ask for a
hea, inc
401 OversighUfxpness Review Permitting Unit
1650 Mid Service Center Raleigh North Carolina 27699 1650
2321 Crabtree Boulevard Suite 250 Raleigh North Carolina 27604
Phone (919) 733 1786 / Pax (919) 733 6893
Internet http //www ncwaterquahty org
An rqual Opportunity /Affinnative Action i mployer 500/o Recycled/ 10% Post Consumer Paper
Kristin Knight
Page 2 of 2
Septeinbei 14, 2006
This letter completes the ieview of the Division of Watei Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone Cyndi Kaioly of Ian McMillan in the Cential Office in
Raleigh at 919 733 -1786 or Eric Kulz in the DWQ Raleigh Regional Office at 791 4200
AW K/jrd
Enclosui es GC 3495
Certificate of Completion
cc Steve Stokes, KCI Technologies, Inc
USACE Raleigh Regulatory Field Office
Ei is Kulz DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
c
Cential Files
G
e
Smceiely,
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WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401 Public
Laws 92 500 and 95 -217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H 0500 and 15A NCAC 2B 0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i a Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080 The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized This
Certification replaces Water Quality Certification (WQC) Number 3399 Issued March 2003 This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ)
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 308 and 307 of the Public Laws 92 -500 and 95 217
if conducted in accordance with the conditions set forth
Conditions of Certification
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh This 30 -day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems
Wetland and riparian area restoration and creation projects (not Including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs if the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures,
2 Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
WQC #3495
from the Division of Water Quality, and therefore, do not require payment of an
application fee to the Division of Water Quality Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced stable conditions considering recent and future watershed
conditions This biological and chemical Integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures,
Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are Intended to resolve a violabon, or that are in association
with a development project shall require an application, fee, and written concurrence
from the Division of Water Quality
4 Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to Improve water quality and/or ecological function
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion Stream enhancement does not include the relocation
of the stream channel Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip rap or other rock, gabion
block or concrete structures However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j
hook vanes, and wing deflectors that do not affect the overall dimension, pattern or
profile of a stable stream
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee,
5 Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality
2
WQC #3495
Stream stabilization is defined as the in place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions The use of "hard
engineering will not be considered as stream restoration or enhancement,
Impacts to any stream length in the Neuse, Tar Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires wntten concurrence for this Certification
from DWO in accordance with 15A NCAC 2B 0200 Activities listed as' exempt
from these rules do not need to apply for written concurrence under this
Certification New development activities located in the protected 50 foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar
Pamlico River Basins shall be limited to 'uses" identified within and constructed in
accordance with 15A NCAC 2B 0200 All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices,
7 In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality,
Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the 'North Carolina Erosion and Sediment
Control Planning and Design Manual' or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ 25 NTUs in
all saltwater classes and all lakes and reservoirs, 10 NTUs in DWQ classified trout
waters),
9 All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project
10 Any rip -rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures If rip -rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable,
11 Measures shall betaken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened,
12 If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse,
WQC #3495
13 Additional site specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards,
14 Projects with any impacts to streams, wetlands, and /or waters that have received a
Notice of Violation from the Division of Land Resources and /or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters,
15 Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ,
16 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices
a Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained In accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual
b Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor owned or
leased borrow pits associated with the project
c For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual
d Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
e Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times
17 No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre construction
Notification All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes or rules
occur
18 No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project
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WQC #3495
Non compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality
Effective date 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W Klimek, P E
Director
WQC # 3495
Mitigation Project Name Brown Farm
EEP IMS ID 92207
River Basin CAPE FEAR
Cataloging Unit 03030002
Aoolied Credit Ratios 11 1 5 1 2 5 1 51 1 1 3 1 21 51 1 1 31 21 5 1 1 1 31 21 51 1 1 31 0 5 1 1 1 1 1
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Beginning Balance (feet and acres)
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2460
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3 30
000
000
000000
0 00
002
000
000
000
0 00
000
000
0 00
000
000
NCDOT Pre EEP Debits feet and acres
Not A licable
EEP Debits feet and acres
USACE Action
DWQ Permits
IDs
Impact Project Name
NCDOT TIP B 3450
Replace Bridges 122 &
2002 01134
217 on SR 1116
003,
NCDOT TIP B 3451
2002 1135 /
Replace Bridge 119 on
2004 21212
SR 1306
019
NCDOT TIP U -4012 US
2004 2000
2000 20945
15/501 Widening
071
142
NCDOT TIP B 3848
Replace Bridge 102 on
N/A
2001 21185
SR 2124
0091
NCDOT TIP U-4026
Widening of SR 1613/ SR
2005 1972
2001 20448
1999 Davis Drive
022
NCDOT R 2635
Western Wake
2007 1470
2007 02903
Expressway
13 895
134
NCDOT TIP R 2612A/B
2009 1070
2009 01927 241
US 421 Improvements
0471
NCDOT SR 1163
2006 -40901 292
Division 5
024
NCDOT TIP 8-4697
Replace Bridge 55 on SR
2011 0911
2011 02091
1600
0 25
050
NCDOT TIP R 2309AB
2011 0392
2002 20447
US 220 Widening
079,
004
NCDOT TIP U -4763B
2008 0540
2006 20445 23
Triangle Expressway
Statewide ILF Credit Purchase
126
Remaining lance (feet and acres)
000
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