20140129 Ver 1_AMP Complete Memo_2021_20210518

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20140129
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Version* 1
Erin Davis
Initial Review Completed Date 05/18/2021
Mitigation Project Submittal - 5/18/2021
Is this a Prospectus, Technical Proposal or a New Site?* 0 Yes a No
Type of Mitigation Project:*
I•J Stream r Wetlands r Buffer ❑ Nutrient Offset
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Project Contact Information
Contact Name:*
Paul Wiesner
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I D#: *
20140129
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Version: * 1
Project Type: F DMS r Mitigation Bank
Project Name: Little Buffalo Creek Stream Mit. Site
County: Cabarrus
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Little Buffalo Cr 94147_AMP Complete
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Memo_2021.pdf
Rease upload only one REF of the conplete file that needs to be subnitted...
Paul Wiesner

ANS I )
May 17d', 2021
Paul Wiesner
NCDEQ — DMS
5 Ravenscroft Drive
Asheville, NC 28801
RE: Little Buffalo Creek Stream Restoration Project Repair Complete Memo
NCDEQ — Division of Mitigation Services Contract #002029
DMS Project #94147
Cabarrus County, NC
Yadkin River Basin — 03040105
Dear Paul,
Below please find the Repair Complete Memo (RCM) for the Little Buffalo Creek Stream Restoration Project.
The RCM has been developed to summarize completed work performed according the Adaptive Management
Plan (AMP) dated November 16th, 2020. The issues and subsequent repair work addressed in this memo include
stream channel improvements, additional plantings, cattle encroachment, and invasive plant removal. The AMP
was submitted to the Interagency Review Team (IRT) on November 23rd, 2020 and a response was provided via
email on December 10th, 2020 with no formal comments. Permit approvals were received from the U.S. Army
Corps of Engineers (USACE) on January 28th, 2021 for a Nationwide Permit 3 — Maintenance, and from NCDEQ
Division of Water Resources on February 12th, 2021 for a Water Quality General Certification No. 4123. The
work described herein began in February 2021 and was completed by April 2021.
UT-2:
Issue: An approximately 75-foot segment of the UT-2 channel had an undefined bed and bank as a result of past
sediment accumulation.
Repair Completed: A 75-foot single thread channel was excavated on February 25th using the originally
designed channel dimensions as a guide for the appropriate width and depth (See Appendix B, Plan Sheet 10).
The repaired section begins at Station 16+25 and extends downstream to Station 17+00. The location of the
channel construction is shown in Appendix A, Plan Sheet 15. All excavation was completed using hand tools to
minimize potential damage to trees and shrubs along the banks, and the excavated material was cast upslope into
non -wetland riparian areas. On March 14th the channel edges were planted with a 1-2 rows of live stakes,
approximately 3 feet apart, within the construction limits (approximately 125 stakes in total). The live stakes
consisted of native species of silky willow (Salix sericea), buttonbush (Cephalanthus occidentalis), elderberry
(Sambucus canadensis) and silky dogwood (Cornus amomum). The typical planting detail for the live stakes can
be found in Appendix A, Plan Sheet 51. The live stakes were observed to be healthy and budding during a follow-
up site -visit on April 13th 2021. The pond outfall upstream of UT-2 has remained stable since the removal of the
beavers and is no longer a major source of sediment. WSP will continue to periodically observe the outfall. The
improved channel section has maintained well-defined bed and banks and should continue to stabilize over time
with a consistent geomorphology and vegetated overbanks. Photos of the excavated channel and live stakes are
also included in Appendix A.
UT-3:
Issue: An approximately 400-foot section of the UT-3 channel was poorly defined and damaged by previous
cattle encroachment and sediment accumulation from the erosion of an off -site, unused cattle crossing.
1

ANS I )
Repair Completed:
Channel: A 400-foot single thread channel was excavated on February 18th and 25t. The repaired section begins
at the upstream end of the conservation easement at Station 10+00 and extends downstream to Station 14+00. The
location of the channel construction is shown in Appendix B, Plan Sheet 17. The originally designed channel
dimensions were used as a guide for the appropriate width and depth (see Appendix B, Plan Sheet 10). All
excavation was performed using hand tools rather than a small, tracked excavator as oringinally decribed in the
AMP. The decision to excavate the channel by hand was due to concern that the machinery would have trouble
accessing the channel through wet/mucky ground conditions at the upstream end of UT-3, and to mitigate the risk
of damaging the trees and shrubs within the riparian buffer. On March 13th, the reconstructed channel edges were
planted with a double row of live stakes at approximately 3-foot spacing. The species of live stakes were the
same as mentioned for UT-2 (above). Live stakes were also installed along the overbanks of the channel near the
groundwater seep (10+00 to 12+00). Approximately 800 live stakes were planted along UT-3 in total. The
combination of channel excavation and planting of live stakes has restored the channel to its original, functional
condition before the bank erosion at the cattle crossing and the cattle encroachment occurred. The area of prior
bank erosion at the culvert has since remained stable and is no longer a significant source of sediment. The
improved channel section has maintained its well-defined bed and banks thus far and should continue to improve
over time with a consistent geomorphology and vegetated overbanks.
Riparian Vegetation: WSP completed an initial fall herbicide treatment of the densest areas of tall fescue within
the easement and an additional spot treatment was conducted in April2021. Supplemental planting of native trees
and shrubs within the conservation easement was conducted concurrent with the channel work. Approximately
800 live stakes were installed along the channel as noted above. Additional riparian planting included a mixture
of native containerized plants as follows: willow oak (Quercus phellos), pin oak (Quercus palustris), sycamore
(Platanus occidentalis), persimmon (Diospyros virginiana), elm (Ulmus americana), black gum (Nyssa
sylvatica), and river birch (Betula nigra). The plant stock consisted of container -grown plants in No. 1 sized
containers (1-gallon), as specified in the AMP. The primary areas covered by these containerized plants in UT-3
measure approximately 1.0 acres in size, as highlighted in Appendix B, Plan Sheet 17. Additional planting areas
within the conservation easement along UT-3 were included as plant material allowed. In total, approximately
300 container -grown plants were installed at a spacing of 10-15 feet on -center. Additionally, as a result of
successful cattle exclusion, site observations suggest that there have been improvements in the hydrology and
soils along this reach since the initial planting effort which should promote vegetative growth.
Cattle Encroachment:
Issue: Frequent cattle encroachment during the spring and summer months of 2020 had impacted the condition of
the stream channel and riparian zone in UT-3 and to a lesser degree along portions of UT-4 and the mainstem of
Little Buffalo Creek below (downstream) of Old Mine Road.
Repair Completed: Total exclusion of cattle from the easement has been achieved over the past 6 months and
has significantly improved the condition of the site. The last instance of cattle encroachment was limited to a
single calf in October of 2020. That calf was promptly removed and caused minimal damage within the
easement. Evidence of cattle damage from previous encroachments during the first half of 2020, such as cattle
trails, damage to the stream channel, and browsing of vegetation is naturally recovering and much less notable.
Frequent communication has been ongoing with Mr. Marcus Harward (cattle owner and lessee of pasture), Mr.
Phillip Cline (pasture owner), as well as Mr. Allen Hammill (the primary landowner of the western crop and hay
fields). Mr. Harward agreed to have his ranchers ride the perimeter of the easement fence weekly to ensure there
are no damaged sections of fence through which cattle may enter the easement. Mr. Harward also agreed to
perform maintenance on the fencing and crossing, and to keep the gate closed at the eastern side of the cattle
crossing until such time as the cattle were moved to the lower western pasture. We are still engaged with Mr.
Harward and Mr. Cline to develop a permanent water source for cattle in the lower western pasture owned by Mr.
Cline. Mr. Cline has been clearly informed that as the landowner he will be responsible for any cattle incursions
within the easement. To date, limiting cattle access to the crossing and regular fence inspection and maintenance
2

ANS I )
has alleviated the risk that cattle may attempt to enter the easement. Additionally, monthly site visits by WSP and
NC DMS as well as routine inspection by Mr. Harward will ensure that any fence damage is promptly addressed.
The joint effort between WSP, Mr. Harward, and Mr Hammill to prevent cattle encroachment has proven
successful thus far and will continue throughout 2021 to meet the IRT requirement of no encroachment for a full
year of monitoring.
The additional wire fence previously installed by WSP at the Old Mine Road bridge has remained in place.
Several sections of the main easement fence were damaged during a recent flood but have since been repaired and
are fully functional. All of the fence damaged during the flood was located on the western side of the easement,
where no cattle are kept in the adjacent fields.
WSP has been conducting monthly inspections of the conservation easement, checking fence condition, and
looking for signs of cattle encroachment. WSP will continue the monthly inspections throughout the summer/fall
and has discussed coordinating the site visits with DMS, who has also been inspecting the site monthly. Moving
forward the site will be inspected by either party on a bi-weekly basis.
Invasive Plants:
Issue: Some recurrence of treated invasive species including Chinese privet and tree -of -heaven has been observed
within the easement. Multiflora rose and Japanese honeysuckle have also been noted by WSP and DMS staff.
Repair Completed/Ongoing: The presence of invasive plants has been greatly reduced within the easement, as
noted by the IRT during the initial site review on July 2nd, 2020. Invasive plant removal has since been performed
regularly throughout the winter of 2020 and spring of 2021. The stream restoration and enhancements corridors
are walked regularly and invasive plants have been cut down or removed by hand -pulling as encountered.
Additionally, patches of fescue along UT-3 were sprayed with an herbicide treatment in October 2020 and again
in April 2021. Treatment and removal of invasive species will continue throughout the year, with an emphasis on
treating and removing remaining patches of Japanese honeysuckle, Chinese privet, and multiflora rose along the
main stem near the confluences with UT-2 and UT-3, as well as near the confluence of UT-7 and UT-8. Future
treatment will consist of herbicide application, in addtion to mechanical removal.
Monitoring:
Since the completion of the stream channel corrections and additional plantings on March 14th, WSP has begun
periodic visual monitoring of site conditions along the entire channel and riparian zones of UT-2 and UT-3.
Photographs of UT-2 and UT-3 from a recent site visit on April 5th are included at the end of both Appendix A
and B. No significant degredation or channel issues have been noticed wihtin the repair reaches nor along the
mainstem and other tributaries. Visual inspection and associated documentation will continue throughout 2021.
The beaver dam at the pond outfall above UT-2 has been removed and according to Mr. Hammill, the beavers
have been removed as well. The pond outfall has been stable since the removal of the beaver dam and there have
been no signs of excessive sediment loads from the pond outfall
Five additional 10m by 10m plots have been assessed for tree and shrub density within the UT-3 riparian zones
following the supplemental planting The location of the plots, data collected, and photos from monitoring on
April 5th can be found in Appendix C. The plots were set as close as possible to the locations of the random
vegetation plots previously conducted (April 2020). The monitoring will be repeated again in the fall toward the
end of the growing season and will also include the original monitoring plot and at least one additonal monitoring
plot for a total of seven plots.
Permitting:
WSP received the following permits prior to performing in -stream channel corrections:
• Section 404 Nationwide Permit 03 authorized by USACE on January 28th, 2021 (See Appendix D)
• Section 401 Water Quality Certificate General Certification 4132 approved by NCDEQ on February 12th,
2021 (See Appendix D)
3

ANS I )
The work outlined above was completed in accordance with permit conditions.
Project Closeout:
WSP is proposing a project closeout visit to be scheduled for November or early December of 2021. Based on the
completion of the repair work described above, and continued 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.
Please let me know if you have any quesitons regarding the Repair Complete Memo.
Sincerely,
WSP USA Solutions, Inc.
Edward Samanns
Senior Program Manager
Cc: J. Becker, WSP
M. Holthaus, WSP
C. Baker, WSP
(See Appendices Below)
4

APPENDIX A
UT-2

AMMILL FARM INC
—238
PIN; 72834
Filename: V:\Operations\121 \100D — Little Buffalo Creek \Deliverables\Drawings\Final Design\Design\Constuction Plan Set_redesign \15_buffolo_PLN_SHI_4.dgn
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PROPOSED CONDITIONS
DATE JUNE 2014
PROJLCI NO 94147
FILENAME
SHEET NO. 15 OF 54
DRAWING NO. PC4
DRAWN BY
JAD

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 SQUARE 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).
SCIENTIFIC NAME
BLACK WILLOW
)
SALIX NIGRA
SILKY DOGWOOD
.1
CORNUS AMOMUM
Planted Species:
silky willow (Salix sericea)
buttonbush (Cephalanthus occidentalis)
elderberry (Sambucus canadensis)
silky dogwood (Corpus amomum)
LIVE STAKE GUIDELINES:
LIVE STAKE DETAIL
N.T.S.
STREAM BED
LIVE STAKE INSTALLED AT RIGHT
ANGLE TO GROUND SURFACE
1
S
6 IN BY 6 IN BACKFILLED
TERMINAL ANCHOR TRENCH
LIVE STAKE INSTALLATION
N.T.S.
1. LIVE STAKE CUTTINGS SHALL BE INSTALLED WITHIN THE PLANTING ZONE I AS INDICATED ON THE PLANTING NOTES.
2. LIVE STAKE CUTTINGS SHALL BE 0.5 TO 1.5 INCHES IN DIAMETER AND A MINIMUM OF THREE FEET LONG.
3. CUTTINGS SHOULD BE UNDAMAGED, DISEASE AND INSECT FREE STOCK, AND FROM THE LIST OF ACCEPTABLE SPECIES PROVIDED ON THE PLANS.
4. MATERIALS MUST HAVE SIDE BRANCHES CLEANLY REMOVED AND BARK INTACT.
5. THE BASAL ENDS SHOULD BE CUT AT AN ANGLE FOR EASY INSERTION INTO THE SOIL. THE TOP SHOULD BE SQUARE. STAKES SHOULD BE
PLANTED WITH BUTT -END INTO THE GROUND. BUDS SHOULD BE ORIENTED UP.
6. MATERIALS SHALL BE SOAKED IN WATER A MINIMUM OF 10 DAYS IMMEDIATELY AFTER PREPARATION. MATERIALS SHOULD BE INSTALLED THE
SAME DAY THAT THEY ARRIVE ON SITE. THE MATERIAL MUST NOT BE ALLOWED TO DRY OUT; KEEP MATERIALS IN WATER OR IN A COOL,
SHADED, WET ENVIROMENT PRIOR TO INSTALLATION.
7. PLANTS SHALL BE BOTH CUT AND INSTALLED WHEN THEY ARE DORMANT: THAT IS, PRIOR TO BUD SWELL AND LEAF EMERGENCE IN THE
SPRING AND AFTER LEAVES HAVE TURNED COLOR AND FALLEN OFF IN THE FALL. THE INSTALLATION PERIOD IN THE SPRING IS BETWEEN
MARCH 1 AND APRIL 15, AND IN THE FALL BETWEEN OCTOBER 30 AND NOVEMBER 30.
c\
6 IN BY 6 IN BACKFILLED
INIT/AL ANCHOR TRENCH
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STREAM BANK DETAIL
DATE JUNE 2014
PFOJLCI NO 94147
FILENAME
SHEET NO. 51 OF 54
DRAWING No. DT9
DRAWN BY
JAD
Filename: V:\Operations\121 \1008 — Little Buffalo Creek \Deliverables\Drawings\Final Design\Design\Conduction Plan Set_redesign \51_buffalo_UL I AILS.dgn
Date: b/12 /2U14 lime: 1U: 2Y: 1b AM

UT-2 Pre -construction Channel (Looking U/S)
UT-2 Pre -construction Channel (Looking U/S)

UT-2 Post -construction and Planting (Looking U/S)
UT-2 Post -construction and Planting (Looking D/S)

APPENDIX B
UT-3

\ CD \
WE 664.
52" CMP INVER
52" CMP INV OU
--
REMOVE EXISTING FENCI
THIN EASEMENT AREA
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DATE JUNE 2014
RHafEcI NO 94147
FILENAME
SHEET NO. 17 OF 54
DRAWING NO. PC6
DRAWN BY
J AD
Filename: V:\Operations\121 \100S — Little Buffalo Creek \Deliverables\Drawings\Final Design \Design\Conduction Plan Set_redesign\1 /_buffalo_PLN_SHI_6.dgn
Date: b/12/2U14
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OUTER EDGE OF
BANKFULL BENCH
EXISTING
GROUND
\ /\6" GRAVEL LINED BOTTOM
CONSTRUCTION LIMITS
111111111111r°
�
\/•
\\ \\ /\\ s\ LOW FLOW CHANNEL
DGE
DGE OF
L BENY.1\/
L BENCH
EXISTING
GROUND
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
VARIES 5
EXISTING
GROUND
,�/-\T/2 /' IF11111111111111111111111
'7\//
6" GRAVEL LINED BOTTOM
EDGE OF
OUTER
BANKFULL BENCH
EXISTING
GROUND
�jam/�//�//i//\ /\ /\ /.
OUTER EDGE OF
ANKFULL BENCH
LOW 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 BENCH
MEET EXISTING GROUND
EXISTING
GROUND
j \i
CONSTRUCTION LIMITS
VARIES 0.5' 0.5' VARIES
\'/
OUTER EDGE OF
BANKFULL BENCH
EXISTING
GROUND
1► ` jT/j lj�///\j/%,
j\\i\/\/x /\/\/\/;
\\// 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.
MEET EXISTING GROUN
CONSTRUCTION LIMITS
VARIES
EXISTING
GROUND
OUTER EDGE OF /
BANKFULL BENCH
EXISTING TOE OF SLOP
EXISTING
GROUND
/\1 .� ///i\/\C
\/\\\/ \ I / " OUTER EDGE OF
/�� ./�� \\/\\��� BANKFULL BENCH
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.
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PFOJLCI NO 94147
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DRAWN BY
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Filename: V:\Operations\121 \100D — Little Buffalo Creek \Deliverables\Drawings\Final Design\Design\Constuction Plan Set_redesign \10_buffalo_I YP_S.dgn
Date: b/12/2U14
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UT- 3 Pre -construction Channel (Looking U/S)
UT- 3 Post -construction Channel (Looking U/S)

UT- 3: Pre -construction Channel (Looking D/S)
UT- 3: Post -construction Channel and Live -stake Planting (Looking D/S)

APPENDIX C
MONITORING

Scientific Name*
Common Name
Species
Type
UT 3
RVP 1
RVP 2
RVP 4
RVP 5
RVP 6
Betula nigra
river birch
Tree
2
Celtis laevigata
sugarberry
Tree
1
Diospyros virginiana
persimmon
Tree
3
1
1
Liriodendron tulipifera
tuliptree
Tree
1
1
Nyssa sylvatica
blackgum
Tree
1
2
2
Platanus occidentalis
American sycamore
Tree
3
1
1
2
Quercus sp.
oak
Tree
1
5
4
2
Ulmus americana
American elm
Tree
7
2
4
Stem count
size (ares)
Size (ACRES)
Species count
Stems per ACRE
11
14
7
7
8
0.836
0.836
0.836
0.836
0.836
0.02
0.02
0.02
0.02
0.02
6
3
3
4
4
532
678
339
339
387
*species identified when some trees were not leafed out, species subject to change
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%

RVP 1
RVP2

RVP 4
RVP 5

RVP 6

SAW-2014-00386
Action ID: 2014-00386
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Cararrus USGS Quad: NC -Richfield
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Edward Samanns
WSP
Address: 434 Fayetteville Street, #1500
Raleigh, North Carolina 27601
Size and location of property (water body, road name/number, town, etc.): The project site is located
on unnamed tributaries to and Little Buffalo Creek proper, approximately 12 miles east of
Kannapolis and 2 miles southwest of Gold Hill, Cabarrus County, NC. Yadkin River Basin, HUC
03040105. PIN 5693372834.
Coordinates: 35.491041°N,-80.366698 °W Waterway: Dutch Buffalo Creek River Basin: Yadkin
Description of project area and activity: This permit authorizes mechanized land clearing,
excavation, and the placement of fill material associated with stream repair, restoration and
enhancement activities for the Little Buffalo Creek Mitigation Site. The impacts associated with
this permit include 475 linear feet of stream channel. See page 2 for details.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): NWP 3 - Maintenance
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS
FORM
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated January 20, 2021. 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 Resources (telephone
919-807-6300) to determine Section 401 requirements.
1

SAW-2014-00386
• For activities occurring within the twenty coastal counties subject to regulation under the Coastal
Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of
Coastal Management in Wilmington, NC, at [phone].
• 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 Kim Browning at [phone] x60 or
[e-mail].
BROWNING.KIMBERLY. Row ING.KIMdBERLY.DANIELLE.152768
DANIELLE.1527683510 351°
2021.01.2815:46:28-OS'00'
Corps Regulatory Official:
Expiration Date of Nationwide Permit Verification: March 18, 2022
Date: January 28, 2021
Summary of Authorized Impacts: NCDMS Little Buffalo Mitigation Site (SAW-2014-00386)
Stream
Impact
Number
JD
Stream
Name
Permanent
(P) or
Temporary
(T)
Type of
Impact
(Linear Feet)
Perinnial
(PER) or
Intermitten
t (INT)
Average
stream
width
(feet)
Impact
length (linear
feet)
Repair
Area 1
UT-2
T
Stabilization
/ excavation
INT
2
75
Repair
Area 2
UT-3
T
Stabilization
/ exavation
INT
1
400
Total Loss
of Waters
of the US
(LF)
0*
TOTAL
IMPACTS
475
*Impacts are
associated with
stream restoration
activities and are
expected to result in
a net gain in Waters
of the US.
Additional Remarks and/or Special Permit Conditions:
1. The activities will be conducted in accordance with the information submitted and meet the
conditions applicable to the NWP, as described at Part C of the NWP Program and the
Wilmington District NWP Regional Conditions.
2. This Nationwide Permit verification does not imply approval of the suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site as
compensatory mitigation for a particular project will be determined during our public interest
review and 404 (b) (1) Guidelines analysis during the permit review process for that project.
Copy Furnished: NCIRT (Electronic Copy) , NCDMS
2

DocuSign Envelope ID: 49E03A68-0E6D-437F-B124-94DE856A883D
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. ❑ANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 12, 2021
DWR # 20140129
Cabarrus County
WSP
Attn: Edward Samanns
434 Fayetteville Street, #1500
Raleigh, North Carolina 27601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Little Buffalo Creek Stream Mitigation Site
Dear Mr. Samanns:
You have our approval for the impacts listed below for the purpose described in your application dated
February 2, 2021, received by the Division of Water Resources (Division) February 3, 2021 and payment
received February 10, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4132. This certification is associated with the use of Nationwide Permit Number 3
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1
75 (linear feet)
0 (linear feet)
S2
400
0
Total
475
0
ODE_/
o.pvm�en�er En.ironme.,r.i m�auq
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 49E03A68-0E6D-437F-B124-94DE856A883D
Little Buffalo Creek
DWR# 20140129
401 Certification
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the DWR Central Regional Office within 24 hours (or the next business day
if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not
represent an approval of credit yield for the project.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

DocuSign Envelope ID: 49E03A68-0E6D-437F-B124-94DE856A883D
Little Buffalo Creek
DWR# 20140129
401 Certification
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Erin Davis at 919-817-0360 or [e-mail] if you have any
questions or concerns.
Sincerely,
,—DocuSigned by:
P 0 10
`-949D91 BA53EF4E0...
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
DWR Central Office
Enclosures: GC 4132
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
Alan Johnson, DWR Mooresville RO 401 file (via email)
DWR 401 & Buffer Permitting Unit file