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Home My WebLink About20070810 Ver 1_Closeout Report_20130101r; Duke Swamp Tributary Site EEP ID (IMS) # 92544 FDP CONTRACT NUMBER # D06065 -A USACE ACTION ID # 2007 - 02187 -137 DWQ 401 # 07 -0810 CLOSEOUT REPORT Stream and Wetland Project Settine & Classifications County: Gates General Location: Sunbury, NC Basin: Chowan Ph sio ra hic Region: Coastal Plain Ecore ion: Carolina Flatwoods USGS Hydro Unit: 03010203040010 NCDWQ Sub - basin: 03 -01 -01 Wetland Classification: Riverine Thermal Regime: Warm Trout Water: N/A Monitoring Year 3 December 2010 Monitoring Year 4 December 2011 Project Performers March 2012 Source Agency: EEP Designer: Michael Baker Engineering, Inc. Monitoring Firm: Michael Baker Engineering, Inc. Channel Remediation: River Works, Inc. Plant remediation: River Works, Inc. Property Interest Holder: DENR Stewardship Overall Project Activities and Timeline Milestone Month -Year Project Contracted July 2006 Permitted July 2007 Construction Completed December 2007 Minor Channel Repair November 2008 As -built survey October 2007 Monitoring Year -1 December 2008 Supplemental Planting February 2009 Monitoring Year -2 December 2009 Monitoring Year 3 December 2010 Monitoring Year 4 December 2011 Supplemental Planting March 2012 Monitoring Year 5 December 2012 Supplemental Planting January 2013 Closeout Submission January 2013 Protect Setting and Background Summary k The Duke Swamp Tributary Site (Site) is located in Gates County, approximately nine miles northeast of the Town of Gatesville NC Historically, land use surrounding the Site has consisted of agricultural production The project area along the main tributary (Reach UTIa) was used for seasonally rotated crop production Prior to restoration efforts, the system was severely channel ized and existing hydnc soils areas were ditched and drained Frequent mowing and farming practices had prevented the establishment of native species wetland vegetation, which resulted in an inadequate riparian buffer along Reach UTIa Additionally, the historic flow pattern and flooding regime of Reach UT2 had been altered significantly Backwater effects resulted from an existing spoil pile that ran along the right bank of Reach UTib in the forested wetland area Flows were diverted along this spoil pile, which prevented a natural connection between Reach UTib and UT2 The adjacent areas on both sides of UTIa had been cleared of woody vegetation along the entire reach The stream bank areas of UTia were periodically maintained by mowing A small amount of wooded buffer was present at the downstream end of Reach UTIb, but the channel was overly wide with side cast spoil present along both sides The Site agricultural areas proposed for restoration were drained and mapped primarily as "A" list hydnc sods (Nawney series) Former wetlands adjacent to the stream channel no longer supported hydrophytic vegetation During the five -year monitoring period, one stream repair activity was completed Following construction, the Site experienced a bank/floodplam stability issue on the lower portion of Reach UTla between stations 46+00 and 49 +00 The left bank and floodplam in this section of the Site had subsided and was underwater during normal flow periods Repairs to this portion of the Site were completed in November 2008 Current observations show that the repaired area is stable and does not exhibit any restoration- related problems Throughout the five -year monitoring period, routine maintenance and repair activities were performed across the Site The Site was re- planted in February 2009 in order to increase the stems per acre within the floodplam The re- planting was limited to the floodplam area below the terrace of Reach UTia The re- planting started at approximate station 49 +75 and terminated near the upstream culvert crossing (SR 1520), at station 11 +00 Following Year 3 monitoring, it was determined that four of the twelve vegetation plots (5, 10, 1 I and 12) were still not meeting the success criteria of 320 surviving stems per acre Two subsequent supplemental planting events occurred in March 2012 and January 2013 After construction, a total of 12 0 acres (AC) of nvenne wetlands and 5,382 linear feet (LF) of stream were restored on the Site The project also enhanced an additional 7 6 AC of nvenne wetlands A conservation easement totaling 25 4 AC has been recorded that protects the streams, wetlands, and riparian buffers in perpetuity Goals and Objectives The specific goals and objectives for the Duke Swamp Tributary Site were as follows Water Quality Reduce nutrient loading to receiving waters by establishment of riparian buffers Reduce sediment supply by slowing/filtering surface runoff across riparian buffers, Increase pollutant retention through wetland filtering Water Quantity/Flood Attenuation Increase water storage /flood control by establishment of vegetated floodplam, Improve ground water recharge throughout floodplain areas by increasing infiltration rates, Restore hydrologic connections and functionality between stream /wetland/floodplatn Aquatic and Terrestrial Habitat Improve bedform diversity and in- stream cover by installing structures and large woody debris Reduce water temperature by establishing riparian vegetation and increasing shading, Improve terrestrial habitat by restoring ecosystem diversity and stream and wetland functionality Page 2 of 20 Success Criteria Restoration Success Criteria Performance Component Standard Met There should be little change in as -built cross - sections If changes do take place, they will be evaluated to determine if they represent a movement toward a more unstable condition (e g , down - cutting or erosion) or a movement Utla Cross toward increased stability (e g , settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio) Cross - sections will be classified Yes Sections using the Rosgen Stream Classification System, and all monitored cross - sections should fall within the quantitative parameters defined for channels of the designed stream type A complete longitudinal profile was surveyed following construction completion to record as -built conditions and to establish a baseline profile A longitudinal profile will be completed during each year of the five -year Utla' monitoring period The profiles will be conducted for the entire length of the restored channel (UTia) Measurements will include thalweg, water surface, Longitudinal inner berm, bankfull, and top of low bank Each of these measurements will Yes Profile betaken at the head of each feature (e g, riffle, pool, and glide) In addition, maximum pool depth will be recorded All surveys will be tied to a single, permanent benchmark Two bankfull flow events must be documented within the five -year Utla: Stream monitoring period The two bankfull events must occur in separate years, Hydrology otherwise, the stream monitoring will continue until two bankfull events have Yes been documented in separate years To characterize vegetation success criteria objectively, specific goals for woody vegetation density have been defined Data from vegetation monitoring plots should display a surviving tree density of at least 320 trees Utla Vegetation per acre at the end of the third year of monitoring, and a surviving tree density Yes of at least 260 five -year-old trees per acre at the end of the five -year monitoring period Two bankfull flow events must be documented within the 5 -year monitoring period The two bankfull events must occur in separate years, otherwise, the stream monitoring will continue until two bankfull events have been documented in separate years The water level monitoring gauges should Utlb & Ut2• document the occurrence of periodic inundation and varying groundwater Stream Hydrology levels across the restored site The gauges should also document the Yes connectivity of flooding between the restored UT] b and UT2 reaches Photographs and video footage will be used to document restoration success in the UTIb and UT2 area visually The primary objective of groundwater monitoring is to show that the Site is saturated within 12 inches of the sod surface for at least 8 percent of the Wetland Area 1, growing season and that the Site exhibits an increased frequency of flooding Wetland The restored site's hydrology was compared to pre - restoration conditions both Yes Hydrology in terms of groundwater and frequency of overbank events Following construction, five groundwater monitoring wells /stations were installed to document hydrologic success of the Site Page 3 of 20 ASSET TABLE Restoration Segment/Reach Pre-Construction Pre - Construction (acreagellinear Mitigation Watershed Acreage Ratio Mitigation Units feet) Approach (m[') (acreage/linear feet) (SMU/WMU) UTla 2,860 R PI/Pll 0 15 (2 8 sq mi) 3,972 1 1 3,972 UTlb 880 R CPHW` 0 41 (2 9 sq nu) 895 1 1 895 UT2 880 R CPHW 0 48 (0 03 sq mi) 515 1 1 515 Wetland Area #1 0 R - 120 1 1 12 Wetland Area #2 21 E 21 2 1 105 Wetland Area #3 55 E - 55 2 1 275 *CPHW = Coastal Plain Headwater Rehabilitation NIITIGATION UNIT TOTALS Stream Mitigation Units Total Wetland Riparian (SMU) Riparian Wetland Units Non - riparian Wetland Units (WMU) Buffer Nutrient Offset 5,382 15.8 0 158 0 Page 4 of 19 _ 1 i �y w. rte+ N ��1��ia'�IK�1 �►��i�1 Project Vicinity Map Duke Swamp Site �1 Gates County �aker Page 9 of 34 Page 10 of 34 + r Page 1 1 of 34 N Legend ,1 Watershed Area - 1860 acres Subwatershed Area - 19 acres ® Project Boundary _= a z 10.0 / - •�. _ • I I t0.6 / �t - i ' Corn IV �I . Kell rk 11 _ 0 1,000 2,000 Watershed Map • Icu,�tt',n o Feet Duke Swamp Site #D06043 -A Page 1 1 of 34 Legend = Project Boundary Elevation High 40 Low 13 r 0 0 1,000 2,000 LIDAR Map Feet Duke Swamp Site A Page 12 of 34 Page 13 of 34 Page 14 of 34 M O O bq cC lzt a D.- a .p 23 22 21 23 to O 10 w o b e0 10 e0 00 100 .10 120 1X1 1.0 .Ik1»n fro --------- ---- 0 1. — — ------- - - ---------------- Olk, Stamp C•1 2 23 23 22 n IZ21 ....... .. ...... tp 0 10 20 w 110 120 tb 1- sonon 110 3' X—P Cl—$— M 7 2 2 2 21 e1.mn tm I a 1e 1. 20 30 40 M W 70 80 vo IM 110 120 130 140 salon In+ Duk, Swlmp C•• 2 23 22 ............................... .......................... 21 t0 - O 10 w o b e0 10 e0 00 100 .10 120 1X1 1.0 .Ik1»n fro --------- ---- a.•w 24 23 n ....... .. ...... 3' la Is o lo 20 JO M 50 w 7o w w I— IJ0 -o e1.mn tm I Page 16 of 34 frump C—n 3 24 23 .............. ... ... --------------- ---- --- ---- 21 1 1. 20 30 - ----- ----------- -------- - --- D.k. *w..p 23 22 21 .............. ........... . . . ............. ............. . le 0 10 20 b 40 SO W 70 W W 100 110 120 130 seem tro 22 21 20 19 18 c 0 17 a� W 16 15 14 13 12 Duke Swamp Longitudinal Profile Station 10 +00 to 43 +98 As -built - - Year 1 Thalweg Year 2 Thalweg Year 3 Thalweg -- - Year 4 Thalweg Year 5 Thalweg Water Surface - - - -- Low Top of Bank 1000 1250 1500 1750 2000 2250 2500 2750 3000 3250 3500 3750 4000 4250 Station (ft) Page 17 of 34 Moroholoov and Hvdraulic Monitorinn Summary Duke Swamp Tributary Sde EEP Contract No D06065 -A Reach UTia Cross - section 1 Cross - section 2 Cross - section 3 Cross - section 4 Parameter Riffle Pool Riffle Pool MY1 MY2 W3 MY4 MY5 MY1 MY2 MY3 MY4 MY5 MY1 W2 MY3 MY4 MY5 MY1 MY2 MY3 MY4 MY5 Dimension BF Width (ft) 1701 1981 1738 1521 1399 1679 2059 1270 1490 1183 1807 1896 1853 1735 21 90 2510 3084 2448 2320 2190 BF Mean Depth (ft) 144 123 1 34 144 135 141 112 148 127 1 37 169 144 151 120 200 191 164 180 202 200 Width/Depth Ratio 11 8 161 130 106 104 119 184 86 117 86 107 132 123 145 110 131 189 136 11 5 110 BF Cross - sectional Area (ft') 245 244 233 219 188 236 231 188 189 162 305 273 280 207 437 480 504 441 468 437 BF Max Depth (ft) 227 221 206 196 210 264 266 221 226 203 257 224 229 217 339 361 351 34 343 1 339 Width of Floodprone Area (ft) 9843 9844 9849 9857 9855 8440 8435 8246 8240 8111 10822 10014 10017 10024 10018 11131 11128 11137 111 38 11141 Entrenchment Ratio 58 50 57 65 70 50 41 65 55 69 55 53 54 58 51 44 36 45 48 51 Bank Height Ratio 1 0 10 10 11 13 1 0 09 10 11 1 3 10 10 09 11 11 10 10 10 11 11 Wetted Perimeter (ft) 1989 2227 2006 1809 1669 1961 2283 1566 1744 1457 2145 21 84 2155 1975 2590 2892 3412 2808 2724 2590 Hydraulic Radius (ft) 1 232 1 096 1 162 1 211 1 126 1203 1 012 1201 1 084 1 112 1 422 1 250 1 299 1 048 1 687 1 660 1 477 1 571 1 718 1 687 Substrate d50 (mm) d84 (mm) Reach UT1a Parameter Cross - section 5 Cross - section 6 Cross - section 7 Riffle Pool Riffle MY1 MY2 W3 MY4 W5 MY1 W2 W3 MY4 MY5 MY1 MY2 MY3 MY4 MY5 Dimension BF Width (ft) 1962 1947 1847 1876 1849 2930 3717 3077 3067 3108 2695 2526 2449 2717 2179 BF Mean Depth (ft) 167 153 153 140 151 1 39 115 1 27 114 124 1 38 1 52 147 124 145 Width/Depth Ratio 117 127 121 135 123 21 0 323 243 268 251 196 167 166 219 151 BF Crass - sectional Area (ft') 328 299 28 3 262 279 409 427 390 351 385 371 383 361 338 315 BF Max Depth (ft) 260 153 1 202 200 205 278 282 258 236 1 258 266 256 247 216 224 Width of Floodprone Area (ft) 11859 12364 12376 12366 12378 11785 11778 11781 11684 11775 12488 12489 12486 12486 12491 Entrenchment Ratio 60 63 67 66 67 40 32 38 38 38 46 49 51 46 57 Bank Height Ratio 10 10 10 11 12 12 10 11 11 10 10 10 10 11 11 Wetted Perimeter (ft) 2296 2253 2153 21 56 _1_21_5 2151 3208 3947 3331 3295 3356 2971 283 2743 2965 2469 Hydraulic Radius (ft) 1 429 1 327 1 314 1 297 1 275 1 082 1 171 1 065 1 147 1 249 1 353 1 316 1 140 1 276 Substrate d50 (mm) d84 (mm) Page 18 of 34 Buckland Elementary Rain - 2012 _C 1 1;2012 1!3112012 31112012 3/3112012 4/3012012 5/3012012 6129/2012 7/29/2012 8/28'2012 9/27/2012 10272012 11/262012 12/26/1012 0 0.5 c 1 1.5 2 Duke Swamp Wetland Gauge Measurements - UT1a - Year 5/2012 40.0 I AW1 -AW2 AW3 j AW4 -AW5 -12 inches r i 30.0 II j' it is v 20 0 CO I � II n 100 ,�► 4 y 3 00 o � m 1 � c O -10 0 I 14L > ,� Y 200 'CO of Date Page 19 of 34 50.0 400 300 C v 200 3 U) 10.0 'O C 00 0 3 0 d -10.0 CO C 200 d W uu -400 -500 Duke Swamp Wetland Gauge Measurements - UT1a (Years 1 through Year 5) Tropical Hurricane Hurricane Storm Irene Sanciy - - -- -- -- - -- -- — ----- - - - - -- Naco a 1011 120121 (2010) i LW�M�i aI �.� ll 1 al`1Jjk.l►.�J L — A'V,1 AA AM —A4V3 AI"J5 12 ind e; a �� 92 4i� limo 9i� ,�2 ��O + �'O �, x'201 ��1`�O o� �bj 49 q9 49 � � 09 'o 'o o '0 , v �, !2 ��, 0,2 Date Page 20 of 34 Page 21 of 34 Buckland Elementary Rain - 2012 c 1/1/2012 1/31/2012 3/1/2012 3131/2012 4/30/2012 5!30/2012 6/29/2012 7/292012 8/28/2012 9/27/2012 10272012 11262012 12262012 0 a 0.5 � 1 1.5 2 Duke Swamp Flood Gauge Measurements - UT1b and UT2 -Year 5/2012 35 Flood Gauge 1 - UT1 b 30 Flood Gauge 2 - UT2 Flood Gauge 3 UT2 25 Flood Gauge 4 - UT1 b r it -- Flood Gauge 5 - UT 1 b Ground Elevation 0' i OL 20 c 15 PL m 14A 10 A - -- � 3 U j m 5 -- .. �a -5 117 7 �j� u�jS,�O'? 4 S 6�9�0,? �j29 8�8�0'? 9��O,c' 70/2.,:0,7"-, 7�j26/2O7 77 j1O,� j2O'2 ,�0'2 O/2O'2 O�O,2 / ?O'2 2 � Date Page 21 of 34 55 45 35 c r 25 _m 15 W 5 m R -5 -15 -25 - Duke Swamp Flood Gauge Measurements - UT1 b and UT2 (Years 1 through Year 5) ... .: ... Storm ... Nicole (2010) Hurricant Flood .• 0' Irene Sandy rl► � f`- A4 � � r ..- ...� -- � 1. l._ � r 1... i t y 1 i r l i 1 I t� i 6 ' ,'O/ '�/� 4/S/ , S /'7/7O / 07 ?�7 �7 �7 O 74/7�� /'O /7A,/72� i 77� 9?�O >> 77 �0 77 0 77 %o 2 on7D ��O 7o o Date Page 22 of 34 Stem Count for Each Species Arranged by Plot Duke Swamp Tributary Site EEPContractNo D06065 -A Tree Species Date of Data Collection Date of Occurrence of Bankfull Event Method ofData Collection Bankfull Helght (feet) Year 1 (3/13/2008) 3/7/2008 Crest Gauge 2.00 Year 2 (11/18/2009) 11/12/2009 Crest Gauge 2.12 Year 3 (10/6/2010) 10/1 /2010 (Tropical Storm) 1 2 3 8/28/2011 (Humcane Irene) Crest Gauge 1 lots 7 8 9 10 11 12 ea o aG 4 5 6 Betula ntgra 1 3 6 1 11 Celtts laevigata I 1 Fraxinus pennsylvanica 2 2 Nyssa sylvatica 3 2 10 6 1 4 2 28 Platanus occidentahs 4 4 1 2 11 Quercus lyrata 3 3 2 3 1 2 1 15 Quercus michaux« 1 2 1 3 Quercus phellos 1 4 4 9 Taxodtum dishchum 13 3 5 3 7 1 2 34 Stems /plot 18 6 12 8 18 12 12 10 9 1 4 4 114 Stems /acre Years 728 243 486 324 728 486 486 405 364 40 162 162 384 Stems /acre Year 728 364 526 364 162 526 486 364 364 40 162 121 351 Stems /acre Year 728 364 526 364 121 607 445 445 364 0 202 81 354 Stems /acre Year 647 320 526 647 364 607 567 526 364 0 202 121 408 Stems /acre Year 688 121 607 405 81 202 526 486 364 0 364 40 320 Stems /acre Initial 688 607 647 688 769 728 688 850 1012 769 607 1 607 722 * Bold - Year 5 vegetation data final counts Summary of Highest Bankfull Events UTIa Duke Swamp Tributary Site: EEP Contract No. D06065 -A Date of Data Collection Date of Occurrence of Bankfull Event Method ofData Collection Bankfull Helght (feet) Year 1 (3/13/2008) 3/7/2008 Crest Gauge 2.00 Year 2 (11/18/2009) 11/12/2009 Crest Gauge 2.12 Year 3 (10/6/2010) 10/1 /2010 (Tropical Storm) Crest Gauge 3.54 Year 4 (8/30/2011) 8/28/2011 (Humcane Irene) Crest Gauge 1 2.90 Year 5 (6/7/2012 ) 5/16/2012 Crest Gauge 2.28 * Bold - highest yearly bankfull event for reach Page 23 of 34 EEP Recommendation and Conclusion The Duke Swamp Tributary Site has completed 5 years of successful monitoring Each parameter for success has been achieved, with exception to the vegetation plots as discussed below Wetland data recorded each year of the five -year monitoring period, demonstrated that all five installed monitoring wells recorded hydroperiods greater than 8 percent during each growing season This success is accredited to the higher local water table as a result of the Site's restoration and periodic backwater conditions from Duke Swamp The vegetation success criteria require that the Site exhibit a surviving tree density of at least 260 five- year -old trees per acre at the end of the five -year monitoring period In spite of the vegetative issues experienced on the Site throughout the monitoring period, the Year 5 vegetation data showed that the Site displays a planted stem density of 384 stems per acre meeting overall success criteria This density total includes the low stem counts observed in vegetation plots 10, 11 and 12 Further, it should be noted that the thick herbaceous vegetation in this area is providing increased filtration of flood waters as compared to those areas that are more dominated by woody stems It is expected that given enough time, the lower portion of the Site will develop characteristics of a more established and higher functioning wetland comprised of small shrubs and trees EEP recommends that the Site be closed generating 5,382 Stream Mitigation Units (SMUs) and 15 8 Wetland Mitigation Units (WMUs) Contingencies Page 14 of 20 Existing Conditions Photos Page 26 of 34 Year 5 Photos Page 28 of 34 APPENDIX A - Watershed Planning Summary Duke Swamp project is not within a Targeted Local Watershed Page 16 of 19 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 parcels. http: / /www.nceep.net /GIS DATA /PROPERTY /92544 DukeSwamp.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. Site Protection Deed Book & Acreage Grantor County Instrument Page Number protected Conservation Emmitt Earl Parker, Jr. et al Gates 256/903 25.44 Easement http: / /www.nceep.net /GIS DATA /PROPERTY /92544 DukeSwamp.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. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2007 - 02187 -137 County Gates USGS Quad Sunbury & Merchants Millpond GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent- Baker Engineering NY, Inc. Address 8000 Regency Parkway, Suite 200 Cary, North Carolina 27518 Attn: Kevin Tweed Telephone No. (919) 468 -5488 Size and location of property (water body, road name /number, town, etc.). The project is located on the south side of NCSR 1320 (Kellogg Farm Road) just south of the intersection of NCSR's 1305 and 1320 adjacent to two unnamed tributaries to Duke Swam in Gates County, North Carolina. Description of projects area and activity- Restoration and enhancement of former waters imipacting 3,740 linear feet of existing stream channel and 0.8 acres of open waters and Note - See attached Additional S eci 1 Conditions. Applicable Law- E Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization. Regional General Permit Number Nationwide Permit Number NW # 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your subrrutted 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/oi 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., ale 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 iequire an individual Section 401 Water Quality Ceitification. You should contact the NC Division of Watel Quality (telephone (919) 733 -1786) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N C Division of Coastal Management This Department of the Army verification does not relieve the permlttee 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 Bill Biddlecome at (252) 975 -1616 ext 26. Corps Regulatory Official &4" Date. 0707 1 Expiration Date of Verification 07/17/2009 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit htt / /www.saw usace ai my mil /WETLANDS /index htntl to complete the survey online. Copy Furnished. Page 1 of 2 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Iiarbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification ❑ The jurisdictional areas within the above described project aiea have been identified undei a previous action PIease reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination- This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation_ Manual and is part of a broad continuum of wetlands connected to an unnamed tributary to Duke Swamp, a _tributary to Lavater Swamn Creek. a trihutary to Bennetts Creek. which is a tributary to the Chowan River. Corps Regulatory Official- Date 07/17/2007 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC, MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished. Page 2 of 2 Additional Special Conditions Action I D. # SAW - 2007 -02187 -137 — Duke Wetland and Stream Restoration a) This authorization in no way obligates the U.S. Army Corps of Engineers to recognize this work as a stream or riparian wetland restoration project. b) This authorization in no way obligates the U S Army Corps of Engineers to accept this project for use as compensatory mitigation proposed by the North Carolina Ecosystem Enhancement Program (NCEEP), or any other person, program, or entity Action ID Number:SAW- 2007 -02187 -137 County:Gates Permittee: Baker Engineering NY, Inc. Date Permit Issued: 7/17/2007 Project Manager: Biddlecome 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 WASHINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1000 WASHINGTON, NORTH CAROLINA 27889 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 required mitigation was completed in accordance with the permit conditions. Sign a of P6mitree Date 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i e , occurrence of hydrophytic vegetation, hydrtc soils and wetland hydrology) "The term "adjacent" means bordering, contiguous, or neighboring Wetlands separated from other waters of the U S by man -made dikes or bainers, natural river berms, beach dunes, and the like are also adjacent. .7 - Applicant: Baker Engineering NY, Inc File Number. 2007-02187-W Date' 7/17/2007 Attached is' See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ❑ permission) ❑ PROFFERED PERMIT (Standard Permit or Letter of permission ) B PERMIT DENIAL C ZI APPROVED JURISDICTIONAL DETERMINATION D ii PRELIMINARY JURISDICTIONAL DETERMINATION E ' gCTl4N I -,Th AfollovAng idefttlfies our A is and o zti re'ardin' an adminisYc. &,ye a e0ef thew ove��`� decision: ,Addi'tiari'l'information gigrbe fow, df1h :// ":usace.arm - mil /inet/functions /ew /eeewo /re or Co .,rye ulitlons at, 33'CFR Part 331. ",� �+ A: INITIAL PROFFERED PERMIT• You may accept or object to the permit. • ACCEPT. If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and appioved jurisdictional determinations associated with the permit, • OBJECT If you object to the pernut (Standard or LOP) because of certain terms and conditions theietn, you may request that the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the permit to addiess all of your concerns, (b) modify the permit to address some of your objections, of (c) not modify the permit having determined that the pernut should be issued as previously written After evaluating your objections, the district engineer will send you a proffered per�rrnt for your reconsideration, as indicated in Section B below B PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT, If you received a Standard Perrrut, you may sign the permit document and return it to the district engineer for final authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit m its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the perirut • APPEAL. If you choose to decline the proffered perrmt (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL; You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section rl of this form and sending the form to the division engineer Thus form must be received by the division engineer within 60 days of the date of this notice D- APPROVED JURISDICTIONAL DETERMINATION- You may accept or appeal the approved JD or provide new information. • ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD • APPEAL. If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD SE IrON I1- RE QUEST FOk PPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS- (Describe your reasons for appealing the decision or your objections to an initial proffered peimit in clear concise statements. You may attach additional information to this form to claiify where your reasons or objections are addressed in the administrative record ) ADDITIONAL INFORMATION. The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ' 1 OINT OF CON, TACT FORT � UESTIONS OR INFORMATTION--" _ If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact may also contact Bill Biddlecome Mr. Mike Bell, Administrative Appeal Review Officer US Army Corps of Engineers CESAD- ET -CO -R Regulatory Division, Washington Field Office U.S Army Corps of Engineers, South Atlantic Division P.0 Box 1000 60 Forsyth Street, Room 9M 15 Washington, NC 27889 (252) 975 -1616 ext 26 Atlanta, Georgia 30303 -8801 RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations Date. Telephone numbei. Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 -3490 NATIONWIDE PERMIT 27 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2007 Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non -tidal wetlands and riparian areas and the restoration and enhancement of non -tidal streams and other non -tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to. the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in- stream habitat structures, modifications of the stream bed and /or banks to restore or establish stream meanders; the backfilling of artificial channels and drainage ditches; the removal of existing drainage structures; the construction of small nesting islands; the construction of open water areas; the constriction of oyster habitat over unvegetated bottom in tidal waters, shellfish seeding; activities needed to reestablish vegetation, including plowing or discmg for seed bed preparation and the planting of appropriate wetland species; mechanized land clearing to remove non - native invasive, exotic, or nuisance vegetation, and other related activities. Only native plant species should be planted at the site This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services Except for the relocation ofnon -tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e g., stream to wetland or vice versa) or uplands. This NWP does not authorize stream channeiization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Reversion. For enhancement, restoration, and establishment activities conducted. (1) In accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their designated state cooperating agencies, (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five -year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state cooperating agency This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior - converted cropland that has not been abandoned or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time The requirement that the activity result in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition In such cases a separate permit would be required for any reversion. Reporting: For those activities that do not require pre - construction notification, the permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSM or the applicable state agency. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP Notification The permittee must submit a pre - construction notification to the district engineer prior to commencing the activity (see general condition 27), except for the following activities: (1) Activities conducted on non - Federal public lands and private lands, in accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment agreement between the landowner and the U.S FWS, NRCS, FSA, NMFS, NOS, or their designated state cooperating agencies; (2) Voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSM or the applicable state agency However, the permittee must submit a copy of the appropriate documentation. (Sections 10 and 404) Note This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in -lieu fee programs, However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior,condition, since compensatory mitigation is generally intended to be permanent 2 NATIONWIDE PERMIT CONDITIONS The following General Conditions imust be followed in order for any authorizatio by a NWP to be valid. 1. Navigation (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U S Coast Guard, through regulations or otherwise, must be installed and maintained at the permrttee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 3. Snawning Areas Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4 Mi rg atory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5 Shellfish Beds No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48 6. Suitable Material. No activity may use unsuitable material (e g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 347 of the Clean Water Act). 7. Water Supl2ly Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization 8 Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre - construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre - construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g , stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements 11 Equipment Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12 Soil Erosion and Sediment Controls Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permrttees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow 13. Removal of Temporary Fills Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g, National Park Service, U.S. Forest Service, Bureau of Land Management, U S Fish and Wildlife Service). 16. Tribal Rights_ No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 17. Endangered Species. (a) No activity is authorized under any N WP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. No activity is authorized 4 under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non - federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally - listed endangered or threatened species or designated critical habitat, the pre - construction notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases whete the non - Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species - specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc ) from the U.S FWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide Web pages at http,//www fws gov/ and http- / /www.noaa gov /fisheries.html respectively. 18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements (c) Non - federal permittees must submit a pre - construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties For such activities, the pre - construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330 4(g)) The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non - Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non - Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre - construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)) If NHPA section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section I l0k of the NHPA (16 U S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19 Designated Critical Resource Waters Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters (b) ForNWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 6 20 Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal. (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e , on site). - (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal (c) Compensatory mitigation at a minimum one- for -one ratio will be required for all wetland losses that exceed 1 /10 acre and require pre - construction notification, unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project- specific waiver of this requirement For wetland losses of 1 /10 acre or less that require pre - construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered, (d) For losses of streams or other open waters that require pre - construction notification, the district engineer may require compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns Where both wetlands and open waters,exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g , riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity- specific compensatory mitigation. In all cases, the mitigation provisions will specify the,party responsible for accomplishing and/or complying with the mitigation plan. 7 (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right -of -way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21 Water Quality Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330 4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)) The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements 23. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330 4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete protect is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed.1/3 -acre 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property To validate 8 the transfer of this nationwide permit and the associated liabilities associated with compliance with its teams and conditions, have the transferee sign and date below" (Transferee) (Date) 26. Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 27. Pre- Construction Notification. (a) Tim. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre - construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) Forty -five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and /or Section 106 of the National Historic Preservation (see 33 CFR 330.4 (8)) is completed Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. 9 Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330 5(d)(2) (b) Contents of Pre - Construction Notification: The PCN must be in writing and include the following information - (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any otherNWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.), (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate; (5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non - Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non - Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre- Construction Notification. The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(l) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination. (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 10 (2) For all NWP 48 activities requiring pre - construction notification and for other NWP activities requiring pre - construction notification to the district engineer that result in the loss of greater than 1/2 -acre of waters of the United States, the district engineer will immediately provide (e g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site - specific comments. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre - construction notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre - construction notification that the resource agencies' concerns were considered, For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson - Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps multiple copies of pre - construction notifications to expedite agency coordination. (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS (e) District Decision- In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest If the proposed activity requires a PCN and will result in a loss of greater than 1 /10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or detailed If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any conditions the district engineer deems necessary The district engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment 11 (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either- (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the projects authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level, or (3) that the project is authorized under the NWP with specific modifications or conditions Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project The activity must be a single and complete project The same NWP cannot be used more than once for the same single and complete project. FURTHER INFORMATION 1 District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2 NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law 3 NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others 5. NWPs do not authorize interference with any existing or proposed Federal project DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non - structural Compensatory mitr ag lion. The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable. Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction Discharge The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a 12 decline in other aquatic resource function(s) Enhancement does not result in a gain in aquatic resource area. Ephemeral stream An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year- round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow Establishment (creation) The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. Historic Proper Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utily A test to determine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream. An intermittent stream has flowing water during certain Mmes of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow Loss of waters of the United States - Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services The loss of stream bed includes the linear feet of stream bed that is filled or excavated Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre - construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States Non -tidal wetland A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e , spring high tide line). pen water, For purposes of the N WPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 13 flowing water is either non- emergent, sparse, or absent Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds Ordtnary High Water Mark An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328 3(e)) Perennial stream A perennial stream has flowing water year -round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow Practicable. Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre - construction notification A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects Pre- construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre - construction notification may be voluntarily submitted in cases where pre- construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation. The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re- establishment The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural /historic functions to a formes aquatic resource Re- establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area Rehabilitation The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural /historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain to aquatic resource area. Restoration The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural /historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re- establishment and rehabilitation. Rifle and pool complex Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools Riparian areas. Riparian areas are lands adjacent to streams, lakes, and estuarine - marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 14 which surface and subsurface hydrology connects waterbodies with their adjacent uplands Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality (See general condition 20.) Shellfish seedi ng: The placement of shellfish seed and /or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i e , spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete protect The term "single and complete project" is defined at 33 CFR 330 2(i) as the total project proposed or accomplished by one owner /developer or partnership or other association of owners /developers. A single and complete protect must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (Le , a single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete protect However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc , are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater mana e �facilities Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and /or improve the quality (z e , by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff' Stream bed- The substrate of the stream channel between the ordinary high water marks The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed Stream channelrzatlon. The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes A channelized stream remains a water of the United States. StructUm. An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, bolt dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland- A tidal wetland is a wetland (i e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328 3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d) 15 Veggtated shallows- Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have looted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbodv. For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)) If a jurisdictional wetland is adjacent -- meaning bordering, contiguous, or neighboring - -to a jurisdictional waterbody displaying an OHWM or other indicators ofjurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328 4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands 16 REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON DISTRICT 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are- 1.1. Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries ( NCDMF) or the North Carolina Wildlife Resources Commission ( NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2. Trout Waters Moratorium Waters of the United States in the twenty -five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC (see Section I b 7 for a list of the twenty -five trout counties). 1.3. Sturgeon Spawning Areas Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the National Marine Fisheries Service (NMFS) 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP's. These waters are: 2.1. Western NC Counties that Drain to Designated Critical Habitat Waters of the U.S. that requires a Pre - Construction Notification pursuant to General Condition 27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office Please see General Condition 17 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, 17 Hendeison, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provide guidelines on how to review linked websites and maps in order to fulfill NWP general condition 17 requirements. ht!p://www.saw.usace.army.mil/wetiands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices or the US Army Corps of Engineers office listed below. US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258 -3939 Asheville US Fish and Wildlife Service Office counties All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636 -3726 Telephone: (919) 856 -4520 Raleigh US Fish and Wildlife Service Office counties. all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties 2.2. Special Designation Waters Prior to the use of any NWP in any of the following North Carolina identified waters and contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by the North Carolina Environmental Management Commission), or "Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by the North Carolina Marine Fisheries Commission). 18 2.3. Coastal Area Management Act (LAMA) Areas of Environmental Concern Non - Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA), must also obtain the required CAMA permit. Construction activities for non - Federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — P.O Box 1890, Wilmington, NC 28402 or Washington Field Office — P O Box 1000, Washington, NC 27889). 2.4. Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 27 (PCN). 2.5. Mountain or Piedmont Bogs Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants shall comply with Nationwide Permit General Condition 27 (PCN). Note: The following wetland community types identified in the N C Natural Heritage Program document, "Classification of Natural communities of North Carolina (Michael P. Schafale and Alan S Weakley, 1990), are subject to this regional condition. Mountain Bogs Piedmont Bogs Swamp Forest -Bog Complex Upland depression Swamp Forest Swamp Forest -Bog Complex (Spruce Subtype) Southern Appalachian Bog (Northern Subtype) Southern Appalachian Bog Southern Subtype) Southern Appalachian Fen 2.6. Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN) 2 7, Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty - five (25) designated trout counties of North Carolina, the applicant shall comply with 19 Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential impacts to designated Trout Waters Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Mr. Ron Linville Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284 -9180 Avery Stokes Swain Telephone- 336) 769 -9453 Burke Surry Transylvania Mr. Dave McHenry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone. (828 ) 452 -2546 Graham Madison Transylvania Fax: 828 452 -7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1. Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial streams. The NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. The District Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case - by -case basis if he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment Waivers for the loss of ephemeral and intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold for NWPs Mitigation may still be required for impacts to ephemeral and intermittent streams, on a case -by -case basis, depending on the impacts to the aquatic environment of the proposed protect. [ *Note; The Corps uses the Stream Quality Assessment Worksheet, located with Permit Information on the Regulatory Program Web Site, to aid in the determination of aquatic function within the intermittent stream channel.] 20 3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet. For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral /intermittent stream, the applicant shall provide a mitigation proposal to compensate for the loss of aquatic function associated with the proposed activity. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3. Pre - construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 27 (PCN) This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4. Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a budding material, measures will be taken to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with waters of the state until the concrete has hardened. 3.5. Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied- 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings, 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 21 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment 3.6. Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction /installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and /or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) quad sheets Roadway Culvert buried Approach Fill BardifUl belowstreambed to appropriate depth (if required) Stream Bottom In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a depth below the natural stream bottom to provide for passage during drought or low flow conditions Destabilizing the channel and head cutting upstream should be considered in the placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed in wetlands do not have to be buried 22 3.7. Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas maybe used If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued. 3.8. Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA) 4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits The following regional conditions are required for NWP 927 — Aquatic Habitat Restoration, Establishment, and Enhancement Activities 4.1 If you are under contract to the North Carolina Ecosystem Enhancement Program (NCEEP) and are supplying a Pre- construction Notification (PCN) for impacts associated with a mitigation project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter from the NCEEP stating that they have reviewed and approved your restoration plan. 23 NC DIVISION OF WATER OUALITY - GENERAL CERTIFICATION CONDITIONS For the most recent General Certification conditions, call the NC Division of Water Quality, Wetlands /401 Certification Unit at (919) 733 -1786 or access the following website. httl2 //h2o enr state nc us/ncwetlands/certs html NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this NWP consistent with the North Carolina Coastal Zone Management Program. Updates on CAMA Consistency for NC can be found on the NC DCM web site at. http./ldcm2 ennstatemc us /Permits /consist him EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY CERTIFICATIONS In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians, provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation. These Tribal General Conditions are located on the Corps website at. http //www.saw usace.army mill WETLANDS /NWP2007 /EBCI- certs.html Citations: 2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007 Correction Notice for Nationwide Permits, Federal Register / Vol 72, No. 88 / Tuesday, May 8, 2007 / Notices p 26082 2007 SAW Regional Conditions — Authorized June 1, 2007 This and other information can be found on the Corps web site at http• / /www saw.usace army.mii/ WETLANDS /NWP2007 /nationwide- permits.html 24 wAr�9Qc d � Mr. Kevin Tweedy Baker Engineering NY, Inc. 8000 Regency Park, Suite 200 Cary, NC 27518 Michael F Easley, Governor William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources July 9, 2007 Subject Property: Duke Swamp Wetland and Stream Restoration Duke Swamp [030101, 25 -17 -1, C, NSW] Coleen H Sullins, Director Division of Water Quality DWQ Project # 07 -0810 Gates County Approval of 401 Water Quality Certification with Additional Conditions - REVISED Deal Mr. Tweedy' You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 4,620 linear feet of perennial stream, and 0.8 acres of open water (pond) as described in your application dated May 1, 2007, and received by the Division of Water Quality (DWQ) on May 10, 2007, to construct the proposed stream restoration, wetland restoration, wetland preservation and buffer restoration at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3626 (GC3626) The Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers (USAGE). This Certification replaces the Certification issued to you on July 3, 2007. In addition, you should obtain or otherwise comply with any other required federal, state or 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 or 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 your application If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in i SA NCAC 2H 0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: I Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts: Type of Impact Amount Approved Units Plan Location or Reference Stream - perennial Open Water - pond 4,620 linear feet) 0.8 acres PCN pge 8 of 12 PCN page 8 of 12 401 Oversighl/Express Review Permiilmg Unit 1650 Mail Smice Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone 919- 733 -1786 / FAX 919 - 733.6893 / Internet lid I /h2o enr state ne us/nowetlandg An Equal Opportunity /Afftrmalivc Action Employer — 50% Recycled /10% Post Consumer Paper "N Baker Engineering NY, Inc Page 2 of 3 July 9, 2007 2 No Waste, Spoil, Solids, or Fill of Any Kind 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 3 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 in order to protect surface waters standards- a The erosion and sediment control measures for the protect 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. The 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 protect c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 4 Sediment and Erosion Control Measures 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 has released the project, 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing, 6 Stream Restoration and Wetland Restoration Plans You have our approval for your proposed final stream restoration and wetland restoration at the site with the requirement for Monitoring Level I as described within the joint State/Federal agency Stream Mitization Guidelines located at. http•//www.saw.usace army mil /wetiands/mitigation/stream mitigation html The stream restoration and wetland restoration at the site must be constructed, maintained, and monitored according to the plans approved by this Office Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The restored stream and wetland, must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. Baker Engineering NY, Inc. Page 3 of 3 July 9, 2007 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter I50B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919 -73 -1786. Sin ely, CoIeen H. Sullins, Director Division of Water Quality CHSlijm Enclosures: GC3626 Certificate of Completion cc: USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 07081 ODukeSwanip WetlandRestoration(Gates ) i01 _Revised Certification of Completion DWQ Project No, 4`� 0 i County: ,Applicant; � C�- �saCrla�Gl�i�dCr �'iL. project Name: _ WAS P W �� h�13 57�5Al�'1 �£3 � Date of Issuance of Wetland Permit:v Urtiflcate of Comple 'on Upon completion of all work approved within the 401' Water Quality Certifleation and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permittmg Unit, North Carolina Division of Water Quality, 1650 Mail-Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the .applicant's authorized agent, or the project engineer. It is -not necessary to send certificates from aII of these. Applicant's Certification I, �1C.",,,� �_ �� , , hereby state that, to the best of my abilities, due care and diligence was used in the observation of Me construction such that the construction was observed to be built Within substantial compliance and intent of the 401 Water Quality Certification and Buffer Mules, the-approved plans and specifications, and other supporting materials. Signature: �/ Date: Agent's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built Within, substantial compliance and intent of the 401 Water Quality Certification and Huffer Rules, the approved plans and spec cations, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to. observe: (periodically,: weekly,, full time) the construction of the project, for the Permittee hereby state that to the bast of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality .Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date WQC #3626 GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND 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 4500 and 1 SA NCAC 28 .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 (Le 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 and WQC Number 3495 issued March 28, 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, 306 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 3D-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 from the Division of Water Quality, and, therefore, do not require payment of an r is WQC #3626 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 protect 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 tloodprone 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 wridng 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, 3 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 violation, 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 rep 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. WQC #3626 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; 6 Impacts to any stream length in the Nauss, 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 written concurrence for this Certification from DWQ 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 Nauss and Tar - Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 28 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 - dasslfled 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 be taken 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; I WQC #3626 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 actnrlty 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- 19 March 2007 DIVISION OF WATER QUALITY By 0 Alan W Klimek, P E Director WQC # 3626 Mitigation Project Name Duke Swamp EEP IMS ID 92544 River Basin CHOWAN Cataloging Unit 03010203 ADDIied Credit Ratios 1'1 1.5'1 2.5'.1 5'1 1 1 3'1 21 5'1 1 1 3'1 9'1 5'1 1.1 3.1 2 1 5 1 1 1 3.1 n 5 1 1 1 1.1 Information as of 3/17/2013 c o a N R c c O. � R U c Q.. Q IL A C uJ R a. '� n O d z¢ n C O U z n C A O z W cc a O o E'! za % o N oK U q U o U m A f N` t o W U C y YI N �i oa U °— , m 0 N oft m 0 0 m t? z 0 z 0 t L a O z Beginning Balance (feet and acres) 5,382.00 12.00 7.60 NCDOT Pre -EEP Debits (feet and acres): Not Applicable EEP Debits (feet and acres): DWQ Permit No USACE Action IDs CAMA Permit No Impact Project Name 2012 -0296 2006 -10391 92 -12 NCDOT TIP R -2507A - US 13 163.00 12.00 7.60 Remaining Balance (feet and acres) 5,219-001 1 0.001 1 0.00 Information as of 3/17/2013 ASSET TABLE Restoration Segment/Reach Pre - Construction (acreage/linear ear Mitigation Watershed Acreage As-Built Mitigation Ratio Mitigation Units feet) Approach (in],) (acreage/linear feet) (SMU/WMU) UTIa 2,860 R PUPIL 1,841ac / 2 8 sq mi 3,972 1 1 3,972 UTl b 880 R CPHW* 1,860 ac/ 2 9 sq mi 895 1 1 895 UT2 880 R CPHW 19 ac / 0 03 sq mi 515 1 1 515 Wetland Area #1 0 R - 120 1 1 12 Wetland Area #2 2 1 E 21 2 1 105 Wetland Area #3 55 E 55 2 1 275 *CPHW = Coastal Plain Headwater Rehabilitation MITIGATION UNIT TOTALS Stream Mitigation Units Riparian Wetland Units Non- ripanan Wetland Units Total Wetland Riparian Nutrient Offset (SMU) (WMU) Buffer 5,382 15.8 0 15.8 0 Page 4 of 20 Hvrdologic Monitorine Results throughout the five -vex monitoring oeriod. Monitoring Year Well Most Consecutive Day Meeting Criteria` Cumulative Days Meeting Criteria' Number of Instances Meeting Criteria' Year 1 AW1 144.5 (62.3 %) 221(95.0%) 2 AW2 137.5(59.3 %) 199(85.80/) 7 AW3 232(100%) 232(100% ) 1 AW4 232(100%) 232(100%) 1 AW5 205.5 (88.6 %) 205.5 (88.6 %) 1 Year AW1 232.0(100°/ ) 232(100%) 2 AW2 94.5 (40.7% ) 227(97.6%) 10 tr � ` t ll lal.l� AW3 232.0 100% 232 (100%) 1 I)�•�tli!��J�1��,1I�1��ILI!I�L' AW4 232.0(100% ) 232(100%) 1 i, AW5 41.0(17.7%) 116(49.8%) 11 Year AW1 182(78% ) 225(970/) 2 AW2 45(19%) 147(63%) 9 AW3 232(100% ) 232(100%) 1 AW4 231(99.3 %) 231(99.3 %) 1 AW5 19(8-/o) 87(37%) 11 Year AW1 110(47%) 225(970/) 4 AW2 77(33%) 152(66%) 7 AW3 232(100%) 232(100%) 1 AW4 232 (100%) 232 (1000%) 1 AW5 26(11%) 105(45%) 11 Year 5 AW1 112.5 (48.5 %) 202(87%) 2 AW2 104.5(45%) 228.5 (98.5 %) 3 AW3 232(100% ) 232(100%) 1 AW4 232(100%) 232(100%) 1 AW5 73.5 (31.7 %) 124(53.4%) 7 1 matcates me most consecutive nunwer or aays watim tine monnorea growing season with a water table less than 12 inches from the sod surface. 2 Indicates the cumulative number of days within the monitored growing season with a watertable less than 12 inches from the sod surface. 3 Indicates the number of instances within the monitored growing season when the water table rose to less than 12 inches fromthe soil surface. Duke Swamp Wetland Gauge Measurements - UT1a (Years 1 through Year 5) 500 400 300 INNIN v 200 �a r� too NINE 3 It 0.0 0 y -100 m 0 -200 i d W 300 -4uu 501 _ ?4{pcb ��o�? Data Page 12 of 20 r•r ) .�'• t :r M' 1 , •�' � ► � �+ Irlfrlr� �� t nn to r� rlr ,Lt�i ifti I'M tr � ` t ll lal.l� 'll}Ji+L�r�' I L I)�•�tli!��J�1��,1I�1��ILI!I�L' i, n t ri i•ai■ Page 12 of 20