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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 -I ((f 14 t. w \ T :J ._'v' Figure 2. Project Site NVatershed -Map Project Site Location Project Watershed �95�L1ttrs CP ti KC KC I o Major Sneaws and �� 1S -Ahgtt HUC Boundaries 1.k040 ! tarD putty 1 s mtki IECHNOLVG[E�> sm�. tscsr t m�k t 0 o anrnui:u.(oi.x" chp: �i m(e hmn ®raiw ,{c c:or.cwcron. u,� �� 4 O14c:m F_ 6..4Ia®.O T. JPv..c Slq.. Y - Ge6-xc SaN Ur.: 70 6 P-c-. SMp.. eH O SIn.Mne_.;Lua 10 T. t1 Paco: SlT v6, -.._.. S-y f...a_ T. 6 P-cm: Sip- Aft -1<! ST—C:y Lam 6 T. 1!P S,, 606.6 _ 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 TECHNOLOGIES xo w c60. solP-• K Pagc 5 f,f 14 ......... s H �•:t p Y ... 1 -.... - _ ' 'i E J.• 1 - .' S O S �g 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 1+o•na o tKa'u ftQn ry -74 %w1m :Iws8 PNOLMOVKM '�rwaRlrk�r �.�nrr•+rmuno Gvh B.nu wl r+audcs •v =eqr My..er `N W +E 311 � 25 rI� 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, r� i� >> Al n W Klimek, P E Pilenanie 20060952Browns1-1rn1(0ran6e )401 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 4 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 r o c mo c IM � 111 z° m 0 iw is U� $o Uw ay z O z Beginning Balance (feet and acres) 000 0 00 2460 000 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 r