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HomeMy WebLinkAbout20071378 Ver 1_Closeout Report_20130301091-,31S Armstrong Property Wetland and Stream Mitigation Project EEP ID (IMS #) 92487 FDP Contract Number D06012 -A USACE Action ID # SAW- 2007 - 03020 -148 DWQ Project# 07 -1378 CLOSEOUT REPORT STREAM AND WETLAND Project Sett in and Classifications County Hyde County General Location Ponzer Basin Chowan Physiographic Region Coastal Plain Ecore ion 8.5.1 Middle Atlantic Coastal Plain USGS Hydro Unit 03020104 NCDW Sub -basin 03 -03 -07 Cowardin Classification PEM, PSS, PFO Thermal Regime Warm Trout Water No Project Performers Source Agency EEP Provider Albemarle Restorations, LLC Designer Ecotone, Inc. Monitoring Firm Woods, Water and Wildlife, Inc. Channel Remediation Woods, Water and Wildlife, Inc. Plant Remediation Carolina Silvics, Inc Property Interest Holder EEP Project Activities and Timeline Activity or Report Date of Deliver Restoration Plan July 2007 Final Design -90% July 2007 Construction November 2007 Temporary S & E mix applied February 2008 Permanent seed mix applied February 2008 Containerized and Bare Root Planting January 2008 Mit. Plan/As -built March 2008 Year 1 monitoring December 2008 Year 2 monitoring January 2010 Partial subsoiling September 2010 Year 3 monitoring November 2010 Partial replant subsoiled area) January 2011 Year 4 monitoring December 2011 Year 5 monitorin December 2012 Armstrong Mitigation Project Closeout Report Page 1 of 18 Proiect Setting and Background Summary The Armstrong Property Wetland Mitigation Site is a headwater riverine wetland and stream mitigation project located just east of State Route 45 near its intersection with State Route 264, in Hyde County, North Carolina It was constructed by Albemarle Restorations, LLC, under contract with EEP to provide compensatory wetland mitigation credits in the Tar - Pamlico River Basin Construction activities, in accordance with the approved restoration plan, began October 1, 2007, and were completed on November 30, 2007 Tree and shrub planting on the project site occurred on January 28 and 29, 2008. Hydrologic monitoring began in 2008 after construction and tree planting was completed Five water level monitoring gauges are located at varying elevations throughout the riverine wetland areas of the site to measure subsurface water elevations Two additional gauges are located in the headwater stream (swamp run) to help monitor flow and water level within the stream Two more gauges are installed at the reference site Corrective action to improve hydrologic performance on a portion of the project was taken in September, 2010 in the form of subsoiling on 11 acres with the intent of improving water penetration and retention It appears the treatment has had a positive effect by enhancing infiltration and groundwater recharge. Water flow in headwater projects can be difficult to measure and document, but flow events were both video documented and measured with the use of hydrologic monitoring gauges Flow events were video recorded /measured for each year from 2008 -2012 and the data show evidence of rainwater charged flow events occurring over the entire length of the project. Goals and Objectives: The goal of the Armstrong Property Mitigation Project was to create a riverine wetland system typically found in the middle to upper reaches of first or zero order tributary systems The project is to serve as compensation for wetland loss in the Tar - Pamlico River Basin The restoration plan was developed and implemented to eliminate pattern drainage and restore topography and hydrology that more closely resembled that of similar undisturbed land. Construction resulted in the development of a broad, frequently flooded swamp run following a historical path as evidenced by archived aerial photographs and signature topography Subsequent planting was designed to restore a wetland forest ecosystem that is typically found in the immediate area characteristic of similar soils, topography and hydrology Ecological benefits of the restored riparian headwater system and its associated riverine wetlands are the following 1 Water quality improvements, including nutrient, toxicant and sediment retention and reduction, increasing dissolved oxygen levels, as well as reducing excessive algae growth, and reducing surface water temperatures in receiving waters by providing permanent shading in the form of a shrub /scrub and forested headwater wetland system 2 Wildlife habitat enhancement by adding to the existing adjacent forested areas creating a continuous travel corridor between habitat blocks and providing a wide range of habitat areas (open water, emergent, shrub /scrub and forested) for amphibians, reptiles, birds, insects and mammals Armstrong Mitigation Project Closeout Report Page 2 of 18 3 Flood flow attenuation during storm events which reduces sedimentation and erosion downstream, and improves long term water quality within the Pungo River 4 Passive outdoor recreation and educational opportunities for the landowner and the surrounding community Success Criteria Vegetation The vegetation success criterion was developed in accordance with the CVS -EEP protocol The Armstrong project was designed to include both riverine and bottomland hardwood plant communities The project was planted with a mixture of tree and shrub species that would resemble that of naturally occurring swamp runs and adjacent riverine wetlands in the local area The run and area immediately adjacent were planted heavily with cypress, oaks and tupelo The riverine wetland zone beyond the swamp run is populated by a broader mix of native hydrophytic tree and shrub species The species mix was based on the vegetation noted at the reference site and all species are classified from FAC to OBL The success criterion in year 5 is to have a minimum of 260 live stems per acre Hydrology The hydrologic success criterion is to achieve a minimum of 21 consecutive days (8 1/o) where the groundwater level is within 12 inches of the soil surface during the growing season. The growing season for this site is from March 11 to November 27, a period of 261 days (WETS Table for Belhaven, NC) Success for any particular monitoring location is to show soil saturation to within 12 inches of the surface for 21 consecutive days during that period Flow Measured or otherwise documented flow events during the monitoring period over the entire length of the project Armstrong Mitigation Project Closeout Report Page 3 of 18 MITIGATION UNIT TOTALS Pre - Construction Mitigation Watershed As Built Acres/ Mitigation Mitigation Restoration Type Acres/Linear Feet Approach Acreage Linear Feet Ratio Units Wetland Wetland Buffer Nutrient Offset SMU/WMU Riverine Wetland 20 0 acres R 25200 20 0 acres 1 1 20 0 WMUs Stream Swam Run 2,200 linear feet R 2,200 linear feet 1.1 2,200 SMUs MITIGATION UNIT TOTALS Armstrong Mitigation Project Closeout Report Page 4 of 18 Non- Stream Mitigation Riverine Riverine Total Riparian Units (SMU) Wetland Units Wetland Wetland Buffer Nutrient Offset Units 25200 20 20 Armstrong Mitigation Project Closeout Report Page 4 of 18 !s, ,f Z x a x r%Nc�%c�` 05TRON6 MOTIM r� F169 2 ALBEMARLE RESTORA DONS, LLC WlFENi4"*v51em951Wh*I@, d4d1^R+2W wmwrc wiow. now. Bll6�1YNMOwoft }_,(, CORY 4" UMA 11 11I i l llt't - eiv cair f #: c 2-A w � o • ,�•Anf y r � �f� �- --EASEMENT wit Mt o Ch ` A • 'IGI 3:1�5G510 �'GGWHC MPyp Armstrong Mitigation Project Closeout Report Page 6 of 18 Armstrong Mitigation Project Closeout Report Page 7 of 18 I i~ #_ r i 0 LWw �G�A%WU.I�'vn.' •5 FAMUMU KIL" � �!'1J�WiYIN `I' ® AV59XX W a RAVED (DO) 4. F - i •� rr �:� t Armstrong Mitigation Project Closeout Report Page 8 of 18 �S w v gig (n 1 Jill i AME i Discussion of headwater system flow: Since there is no established stream channel and hence no true bankfull events to measure, documentation of flow on the Armstrong project was done by means of measuring the above ground water levels using hydrologic monitoring devices and verifying that water was indeed moving through the project when water levels were sufficient to produce flow. After five years of monitoring, it was found that data from the monitoring devices correlates precisely with visual confirmation of flow events. Flow events were video documented when it was believed there had been enough rainfall to create visually verifiable flow. However, evidence of flow can be determined by examination of the data captured by the monitoring devices. Other evidence of water moving through the project is shown in both still and video shots taken over the monitoring period. Some of the indicators that were verified and recorded are: destruction of terrestrial vegetation, presence of litter and debris after flow events, vegetation matted down or absent and change in plant community. In fact, the change in vegetation accurately maps the extent of flooding during a normal flow event. Cattails (Typha latifolia) are the main non -woody vegetation in the stream bed area of the project and fairly well dominate the area. Table 1. Verification of Flow Events Year Number of flow events documented Those that were video documented also Time of Year 2008 2 1 Aug, Sept 2009 2 Aug, Sept 2010 1 1 October 2011 2 1 Aug, Sept 2012 2 2 March, June Armstrong Mitigation Project Closeout Report Page 9 of 18 10 9 8 7 v c 6 C 5 Y a � 4 v a Start of growing season End of growing - season Below average rainfall Rainfall below for almost entire average 50% of monitoring period monitoring i — period or 'G 2 r � 0 Jan Feb Mar Apr May 2008 Totals 2009 Totals — 2010 Totals y June July Aug Sep Oct Nov 2011 Totals — 2012 Totals 30th %A 70th %A Dec Figure 7. 5 -year average of onsite rainfall vs. normal expected range of rainfall. Rainfall during the critical periods at the beginning and end of the growing season over the five years the project was monitored, was drastically below normal. For the two months at the beginning of the growing season - March and April - rainfall was below average for almost the entire monitoring period. For the two months at the end - October and November - rainfall was below average for 50% of the entire monitoring period. Table 2. 5 -Year On -Site Preci itation vs. Historic Averages 2008 2009 2010 2011 2012 5- r avg 30 %^ 70 %^ Jan 2.05 2.37 4.25 3.33 2.31 2.86 3.27 4.94 Feb 4.33 1.33 3.28 2.94 3.10 3.00 2.14 3.73 Mar 0.69 3.36 1.93 2.44 2.57 2.20 3.11 4.79 Apr 8.98 1.98 0.33 1.36 1.28 2.79 1.92 4.12 May 1.66 5.50 1.22 1.15 4.78 2.86 2.81 5.43 June 0.23 4.20 1.54 1.05 1.66 1.74 3.54 5.42 Jul 5.63 5.48 4.26 2.09 5.70 4.63 4.08 6.41 Au 7.00 6.92 4.27 17.97 6.76 8.58 3.68 7.05 Se 2.29 2.57 9.12 5.01 3.01 4.40 2.97 5.98 Oct 2.65 1.31 1.61 1.08 4.34 2.20 1.46 4.21 Nov 1.98 5.72 10.15 1.46 0.33 3.93 2.06 3.43 Dec 1 2.50 4.65 6.62 0.45 3.06 3.46 2.16 3.95 Armstrong Mitigation Project Closeout Report Page 11 of 18 5% of growing season is 13 days, 8% is 21 days The three previous graphics and tables, when taken together show a pattern of consistently low rainfall at the beginning and end of the growing season, the most critical time for the site to achieve positive hydrology Perceived problem areas around Gauges 1, 2, 3 and 4 were subsoiled and replanted in 2010 in an effort to improve water penetration and retention and the favorable results of those activities are seen in Table 3 Gauges 1 -4 showed their longest hydrologic period typically at the end of the growing season when rainfall was more close to normal, but after subsoiling in 2010, those four gauges began to show longer hydroperiods at the beginning of the growing season despite the continued below normal rainfall during that time period Other patterns that can be seen Run Reference Gauge 6 closely mirrors the average hydrology seen between Run Gauges 1 and 2 All three gauges are at or near the center of their runs Wetland Reference Gauge 7 shows similarities in performance to the average performance of the other wetland gauges Armstrong Mitigation Project Closeout Report Page 12 of 18 Table 3 Summary of Hydrologic Monitorin Data Longest h drolo is period in days and % of Growing Season and Time of Year Period Began Year 1 Year 2 Year 3 Year 4 Year 5 Gauge Days % ToY Da s % ToY Days % ToY Days % ToY Days % ToY 1 9 3 Nov 19 7 July 14 5 Mar 19 7 Mar 29 11 Au 2 4 2 Nov 17 7 Nov 9 3 Mar 12 4 Mar 26 10 Au 3 12 5 Nov 17 7 Nov 13 5 Mar 12 4 Mar 12 4 Au 4 8 3 Mar 13 5 Mar 30 12 Mar 18 7 Mar 14 5 Oct 5 18 7 Aug 27 10 Mar 51 20 Set 67 i 26 Aug 58 22 Au 6 Re 100 38 Aug 98 38 Aug 99 38 Aug 108 41 Jul 119 46 Mar 7 e 14 5 APL_ 17 7 Nov 28 11 Mar 19 7 Mar 19 7 Mar Run 1 35 13 Aug 124 48 Mar 49 19 Set 65 25 Aug 54 21 Mar Run 2 1 140 54 July 261 100 Mar 92 35 Mar 1 93 36 Mar 261 100 Mar 5% of growing season is 13 days, 8% is 21 days The three previous graphics and tables, when taken together show a pattern of consistently low rainfall at the beginning and end of the growing season, the most critical time for the site to achieve positive hydrology Perceived problem areas around Gauges 1, 2, 3 and 4 were subsoiled and replanted in 2010 in an effort to improve water penetration and retention and the favorable results of those activities are seen in Table 3 Gauges 1 -4 showed their longest hydrologic period typically at the end of the growing season when rainfall was more close to normal, but after subsoiling in 2010, those four gauges began to show longer hydroperiods at the beginning of the growing season despite the continued below normal rainfall during that time period Other patterns that can be seen Run Reference Gauge 6 closely mirrors the average hydrology seen between Run Gauges 1 and 2 All three gauges are at or near the center of their runs Wetland Reference Gauge 7 shows similarities in performance to the average performance of the other wetland gauges Armstrong Mitigation Project Closeout Report Page 12 of 18 Table 4 Planting schedule Quantity Botanical Name Common Name Percent of Total Trees 938 Taxodium disuchum Bald ress I I 938 Acer rubrum Red Maple 11 186 N ssa au uatica Water tupelo 2 938 N ssa bi ota Swamp black gum 11 937 Owercus phellos Willow oak 11 186 Quercus bicolor Swamp white oak 2 186 uercus ni ra Water oak 2 752 Quercus rnichauxii Swamp chestnut oak 9 751 Quercus palusiris Pin oak 9 751 Lr uidambar styraciflua Sweet um 9 6563 Total tree stems 75 Shrubs 109 Vaccinium corymbosum Blueberry 1 109 Loma lucida Fetterbush 1 456 /tea vii inica Virginia sweets ire 5 347 M rica ceri era Wax myrtle 4 347 1 Ma noha vii iniana Sweet bay 4 347 Baccharis halms oha High tide bush 4 457 Ce halanthus occidentahs Buttonbush 5 2172 Total shrub stems 25 8735 Total of all stems Table 5 Tree Survival Plot Stems per acre for these years 2008 2009 2010 2011 2012 1 364 454 412 784 660 2 486 577 577 907 619 3 243 536 371 454 454 4 162 371 289 330 330 Run 1 162 371 371 371 330 Run 2 1 243 1 247 i 495 495 i 495 A portion of the project area was subsoiled in 2010 to improve hydrologic performance That area was replanted to 2010 with the following stems Cephalanthus occidentalls (Buttonbush) 300 stems, Magnolia virglnlana (Sweet bay) 300 stems, Myrica cer fera (Wax myrtle) 500 stems, Quercus bicolor (Swamp white oak) 300 stems, Taxodium distichum (Bald cypress), 2,450 stems See Figure 4, Contingencies Map for locations of subsoiling and replanting Armstrong Mitigation Project Closeout Report Page 13 of 18 EEP Recommendations and Conclusions The Armstrong site has completed 5 years of vegetative, hydrologic, and coastal stream monitoring Coastal stream morphology and vegetative growth appear to have met success criteria. Wetland hydrologic data show the coastal stream valley to be moderately wet and easily meets the flow requirements for coastal stream restoration requirements The gauges outside the stream valley, while in general do not meet the 8% target (except for gauge 5), average at least 5% for the monitoring period The hydrologic data shows these gauges are - trending towards a wetter hydroperiod from year 1 through 5(gauges average yr 1 -4 %, yr 2 -7 2 %, yr 3 -9 %, yr 4 -9.6 %, and yr 5- 10.4 %). The coastal stream portion of the site has shown appropriate flow in the upper, middle and lower sections of the stream valley The wetland portion of the site is trending toward success EEP is recommending the Armstrong site for a closeout site visit Armstrong Mitigation Project Closeout Report Page 14 of 18 Pre - Construction Photos — 2007 Armstrong Mitigation Project Closeout Report Page 15 of 18 Post - Construction Photos — 2008 Armstrong Mitigation Project Closeout Report Page 16 of 18 Post Construction 2012 photos Armstrong Mitigation Project Closeout Report Page 17 of 18 Armstrong Property Project The Armstrong Property project is in Hyde County, roughly 10 miles east of the town of Belhaven in the Tar - Pamlico River Basin It is located within HUC 03020104090010, the Pungo Lake watershed, which is listed as a Targeted Local Watershed (TLW) in the 2010 Tar - Pamlico River Basin Restoration Priorities (RBRP) plan, as well as in the previous 2004 RBRP (http //portal ncdenr org /web /eep /rbrps /tar - pamlico) Currently, the EEP has no other project located within this TLW The project site drains immediately into Clark Mill Creek, which then flows into the Pungo River located about 1 mile to the southwest The 2010 RBRP plan states that roughly 67% of streams and ditches in this TLW are unbuffered, 57% of wetlands are forested, virtually all soils are hydric, and 33% is designated conservation land There are no designated 303(d) impaired waters, nor any HQWs or ORWs found in this TLW, though 20% is designated a SNHA and 27 NHEOs are located here Thirty -six percent of the watershed is in agriculture, including 11 swine operations and 2 permitted cattle farms The RBRP recommends that projects in this TLW address the impacts of extreme ditching and reduce agricultural runoff The more general basin -wide goals are to promote nutrient and sediment reduction through agricultural and municipal practices, through restoration /preservation projects, and to protect, expand, and connect Natural Heritage Areas and other conservation lands The Armstrong Property is a 25 -acre project that restored over 2,000 feet of stream and roughly 20 acres of adjacent riparian wetlands from its heavily degraded condition as a straightened agricultural ditch with row crops planted right up to the top of bank The stream has been returned to its natural condition as a headwater tributary to Clark Mill Creek and its surrounding cypress swamp The project contributes to the general river basin and TLW - specific water quality improvement goals as it includes significant amounts of both stream and wetland restoration These will serve to re- connect the stream to the floodplain, increase stream stability (thus reducing sediment loss), and improve overall nutrient removal capacity, which should reduce the volume of pollutants draining into the Pungo River and ultimately into the Pamlico River and Estuary Phelps Lake TYRRELL Lake j `' P ° � a ' l4rrTlStrOr19 HYDE New take v Property _ a a � g z a ♦' I BEAU FORT �/f v take Mettemusk eat. Is lb z Legend • EEP Projects (Tier I) i a �� a AgricuturalBMPs(thisCUonly) -.. ," 4 r y A6 319 Projects Z, fiat ♦ CWMTF Sites EEP Local Watershed Plans t� EEPTargeted Local Watersheds N i Catalog W +E EEP 2013 Project Closeout 0 1.5 3 6 r7 O Miles I p County Boundaries s Armstrong Property (Tar - Pamlico 03020104) Rev: 28Feb2013 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 /92487 ArmstrongP rope rty.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 Bobby Armstrong and wife, Hyde Conservation 225/031 25.008 Lou M. Armstrong Easement http: / /www.nceep.net /GIS DATA /PROPERTY /92487 ArmstrongP rope rty.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 SAW- 2007 - 03020 -148 County Hyde USGS Quad Ponzer GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent Albemarle Restorations LLC Address P.O. Box 204 Gatesville, North Carolina 27938 Telephone No (252) 333 -0249 Size and location of property (water body, road name /number, town, etc) The ro'ect area is approximately 25 acres located on the north side of US Hwy 264 and northeast of NC Highway 45 adiacent to Clark Mill Creek Description of projects area and activity Restoration of former waters impacting 3,180 linear feet (40 acres) of waters of the U.S. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Regional General Permit Number Nationwide Permit Number # 27 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 submitted plans may subject the pennittee to a stop work order, a restoration order and/or appropriate legal action This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to begmmng work you must contact the N C Division of Coastal Management This Department of the Army verification does not relieve the peimittee 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 Permmt, or the Corps of Engineers regulatory program, please contact Bill Biddlecome at (252) 975 -1616 ext 26 Corps Regulatory Official ate Expiration Date of Verification 09/18/2009 09/18/2007 The Wilmington District is con mtted 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 httn / /www saw usace army mil /WETLANDS /index html to complete the survey online Page 1 of 2 Determination of Jurisdiction: ❑ Based on prelummary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification ® There are waters of the US and/or wetlands within the above described project area subject to the pernut requirements of Section 404 of the Clean Watei 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 area have been identified under a previous action Please reference Jurisdictional determination issued Action ID Basis of Jurisdictional Determination This waterbodv exhibits an Ordinary Hieh Water Mark as indicated by changes in soil character and absence of terrestrial ve etation and is h drolo ically connected to Clark Mill Creek which is a tributary to the Pungo River. Appeals Information (This information applies only to approved Jurisdictional determinations.) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to dus determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address District Engineer, Wilmington Regulatory Division Attn Bill Biddlecome, Project Manager, Washington Regulatory Field Office P O Box 1000 Washington, North Carolina 27858 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the District Office within 60 days of the date of the NAP Should you decide to submmt an RFA form, it must be received at the above address by Novemeber 18. 2007 "It is not necessary to subnut an RFA form to the Drs et Office if you do not object to the determination in this correspondence" Corps Regulatory Official Date 09/18/2007 Expiration Date 09/18/2009 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 Mr Scott McGill Albemarle Restorations, LLC P O Box 5,1204 Baldwin Mill Road Jatrettsvtlle, MD 21084 Page 2 of 2 \O�0 WATF9pG GO O � Mr Scott McGill Albemarle Restorations, LLC P O Box 204 Gatesville, NC 27938 Michael F Easley, Governor William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources September 17, 2007 Subject Property Armstrong Property Wetland Restoration Duke Swamp [030101, 25 -17 -1, C, NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr McGill Coleen H Sullins, Director Division of Water Quality DWQ Project # 07 -1378 Hyde County You have our approval, to accordance with the attached conditions and those listed below, to place fill within or otherwise impact 3,180 linear feet of intermittent stream and impact 0 00 square feet of Zone 1 Tar - Pamlico River basin protected riparian buffers and impact 0 00 square feet of Zone 2 Tar - Pamlico River basin protected riparian buffers as described in your application dated July 27, 2007, and received by the Division of Water Quality (DWQ) on August 13, 2007, to construct the proposed wetland 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 Certiftcation(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers (USACE) 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 15A 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: 1. 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 mcludm g incidental impacts Type of Impact Amount Approved nits Plan Location or Reference Stream - intermittent 3,180 (linear feet) PCN page 8 of 13 Zone 1 TPBR 0 00 (square feet) Page 12 of 13 Zone 2 TPBR 0 00 (square feet) Page 12 of 13 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone 919 - 733 -1786 / FAX 919 - 733 -6893 / Internet http //h2o enr state nc us /ncwulands An Equal Opportunity/Affirmative Action Employer — 50% Recycled /109/o Post Consumer Paper AdONM 4I—b9l~aR Albemarle Restorations, LLC Page 2 of 3 September 17, 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 project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b 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 project 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_+he areas-that have_been approved to infringe within the buffer, wetland or water prior to any land disturbing, 6 Wetland Restoration Plans You have our approval for your proposed final wetland restoration at the site The 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 wetland must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans 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 Albemarle Restorations, LLC Page 3 of 3 September 17, 2007 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 150B 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 - 733 -1786. r Sinc e , Coleen H. Sullins, Director Division of Water Quality CHS /gym 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: 0713 78 Armstron gProperty WetlandRestoration(Hyde)401 _TPBR Mitigation Project Name Armstrong Property EEP IMS ID 92487 River Basin TAR - PAMLICO Cataloging Unit 03020104 ADolied Credit Ratios 1'1 1 5'1 7 5'1 5'1 1 1 3'1 2 1 5'1 1'1 3 1 9 1 5'1 1'1 3 1 7 1 5'1 1 1 3 1 n 41 1 1 1 1 Information as of 3/17/2013 V=20. o mE u mz 'c a° 0 zw �o m oU z •cE of z W c Z o zp, 12 '°° o m y V R 12 mo ' mU U 16E mt U W A U°• '� z 0 u$ m VVVN!!! Fm Z O z o ii O z Beginning Balance (feet and acres) 2,200.00 NCDOT Pre -EEP Debits (feet and acres): Not Applicable EEP Debits feet and acres): DWQ Permits USACE Action IDs Impact Project Name 2005 -0785 1999- 301143 NCDOT TIP R -2510 - Washington Bypass 2,200.00 17.06 2008 -0231 2007 - 041981 Cypress Corner Sec. 4 0.29 2007 -0278 2008 -01047 Bay Harbour Lot 46 0.08 2007 -1960 2007 - 02972 -107 Bridge Harbor 0.32 2009 -0143 2009 -00066 Dowry Creek Subdivision 0.20 2008 -1775 2009 -00211 Shady Shores 0.26 NCDOT ILF Credit Purchase 1.79 Riparian Buffer ILF Credit Purchase Remaining Balance (feet and acres) 0.001 1 1 1 0.00 Information as of 3/17/2013