20061760 Ver 2_Mitigation Closeout Report_20130621

�nn� CC�99WEl �!
l�
J� `: .1. 2013
DEW - WAVER. WALITY
Wetlands I Stg,�nwa�ez &ancri
Stricker Branch
EEP ID IMS #92556
FDP CONTRACT NUMBER D06054 -G
USACE ACTION ID #SAW - 2007 - 364 -313
DWQ 401 #06 -1760 & #06 -1760 Ver. 2
CLOSEOUT REPORT
Stream Restoration
do�0
hh,
I

Proiect Settlne and Backffround Summa
This project restored 2,889 linear feet of Sticker Branch in downtown Concord, NC It was designed using a Rosgen Priority I restoration approach in the old pond bed and a Priority II restoration
approach for all existing stream channel All designed channels are Rosgen C4/5 The project is divided into three sections, the Lower Section below Sign Drive, the Middle Section between Sign Drive
and the old pond spillway, and the Upper Section which includes the relic pond area In the Upper Section, the concrete spillway of the null pond was removed and the remain ng a ater drained from
the pond, after which Priority I restoration was completed In the Middle and Lower Sections, Priority II stream restoration was completed Several easements bisect the project and are not included in
the restored linear footage, including two 30 foot City sewer lines and a 60 foot County sewer line (totaling 120 ft), and a crossing for the primary land owner (30 feet)
Vegetative stressors were noted during MY2 and a replant was completed in Feb 2010 Based on the number of planted stems per plot, the average site density measured in year 5 is 256 stems per acre
Three of the six individual plots (1, 4, 6) met success criteria based on planted stems, not including live stakes or volunteers Plots 3 and 5 did not meet success criteria at 242 and 121 stems per acre
respectively, however both plots were located along stream banks and when live stakes are included in the density counts the stem counts are increased to 364 and 404 stems per acre All plots exceed
260 stems per acre when volunteer stems are included with plot densities ranging between 445 — 1093 stems per acre The predominate volunteer species included in these plot are American sycamore
(Platanus occidentalis), Winged elm (Ulmus alata), and Eastern Cottonwood (Populus deltoids) Limited areas along the midstream reach of mimosa (Albizia juhbnssin) and kudzu (Pueraria Montana) as
well as Chinese lespidezia (I,espedezia cuneate) were noted in 2011 Beaver removal has occurred throughout the monitoring period Most recently several areas of beaver impacts were note in the Jan
2013 MY5 site visits, notably just downstream of the mid- project road crossing These beaver have since been removed
Cross - section overlays and dimension summary data tables can be found below They generally indicate either maintenance of nffle geometries or stabilizing patterns of vanation such as channel
narrowing and floodplain accretion (e g Cross section 2) There was some minor floodplain scour noted on riffle cross section 3, but this occurred in year 2 and then seemed to arrest thereafter Pool
cross sections generally indicated a trend that typifies the processes in outer meanders This included some toe erosion associated with meander scour pool processes resulting in deeper pools and
steeper bank angles relative to the As -built According to available photographic and crest gage data, Stacker Branch seems to access its floodplain at least once or twice per year Substrate data indicated
a minor trend toward decreasing particle size for the D,pamcle, but the trend was generally from a coarse gravel to a medium or fine gravel, and there was no evidence of a major influx of sand or silt
Page 2 of 29

Goals and Objectives
The objective of the restoration approach was to restore the site to a more naturally functioning stream system designed to address impairment issues typically associated with highly disturbed urban
stream systems The goals include
• The project will provide ecological, functional lift to the existing system by restoring the stream and riparian habitat to a stable stream type and vegetative community that is appropriate for its
particular valley and watershed conditions
• Water quality will be unproved by reducing sediment load through stabilization, and nutrient and other pollutant input will be reduced through the addition of forested riparian buffers planted
with native species
• Forested buffers and reconnection with an active floodplain bench will improve channel hydraulics and system capacity
• Improvements to the ecosystem include the addition of in -stream habitat using instream structures and bank revetments such as root wads and log vanes
• By providing an appropriate mix of native forest vegetation to create an appropriate canopy and under story, the soil structure will improve, leaf litter will be established to support aquatic and
terrestrial ecosystems, and shading and cooling will provide unproved water quality
Together, these improvements will provide functional uplift for the watershed as a whole
The dimension, pattern, and profile were restored using Rosgen Priority I and II natural channel design techniques, which stabilized the banks and added flood storage and habitat diversity The
objective of using these techniques was
• To create a stable bank full dimension and allow greater than bank full storm events access to the floodplain
• To create a pattern that is appropriate and stable for the given stream and valley types
• Stream profile was adjusted to decrease the slope by adding length This improves the channel's ability to handle the sediment load without aegrading or degrading
• The plan also incorporates the use of storm water BMPs located both outside and inside the conservation easement to attenuate and treat runoff from the surrounding development and
associated impervious surfaces
Page 3 of 29

I
Success Cntena
The stream geometry will be considered successful if the cross section geometry, profile, and sinuosity are stable and reach a dynamic equilibrium as well as being in the geomorphic ranges of
the reference reach It is expected that there will be minimal changes in the resultant cross sections, profile, and/or substrate composition Changes that may occur during the monitoring period
will be evaluated to determine if they represent a movement toward a more unstable condition (e g down cutting, erosion, etc ) or are minor changes that represent an increase in stability (e g
settling, vegetative changes, coarsening of bed material, etc ) An initial, though not exclusive, indicator of success will be adherence to design or reference ratios of stream geometry found in the
morphological table that are comparable to the stable reference system Deviation from the design ratios will not necessarily denote failure as it is possible to maintain stability and not stay within
the exact design geometry The following key indicators of stability provide a more complete picture of stream restoration success
Stream Type Maintenance of the design stream type or progression or conversion to a stable stream type such as C or E will indicate stability,
Bank Height Ratio Bank height ratio between 1 0 and 1 1 will indicate flood flows have access to the active floodplam and that higher flows do not apply excessive stresses to stream banks
Profile A survey of the longitudinal profiles will monitor the riffle -run- pool -glide sequences and overall stability of the restored stream
Pattern Evaluation of overall success and stability of the stream will include close observation and photo documentation of all in- stream structures, and any changes to stream pattern such as
point bar formation, development of head - cutting, down - cutting, and significant bank degradation or aggradation
Dimension There are 3 sets of 2 permanent cross sections throughout the Site for a total of 6 sections Cross sections represent 50% riffles and 50% pools Each permanent cross section will be
surveyed each year for inclusion in the monitoring report and compared with data from previous years
Bed Material A pebble count will be done in each cross section that contains a riffle and any unacceptable increase in sand or finer substrate material will be noted in the monitoring report
Vegetation A reduction in the percentage of nuisance vegetation in areas with existing vegetation to less than 15% will indicate establishment of native vegetation Stem counts of over 320 trees
per acre after 3 years and 260 trees per acre after 5 years will be considered successful Photos taken at established photo points should indicate maturation of riparian vegetation community
Bank Full Events A crest stage gage was installed below Sign Drive to capture bank full events
Page 4 of 29

ASSET TABLES
Riparian Wetland
Pre —
Total Wetland
Riparian Buffer
Nutrient Offset
SMU
Units
Restoration
Construction
Mitigation
Watershed
As -Built Linear
Mitigation Ratio
Mitigation Units
Segment /Reach
(acreage /hnear
Approach
Acreage
Footage /Acreage
(SMU /WMU)
feet)L�
STREAM
wmga 0 wM
I
I �
Wes,
�.- = t` ,' ,� k-„z►
� � ;�s�.� =1 =;� > ;�
Stacker Branch
2,750
1 R
1 1,024
2,889
1.0
2,889
MITIGATION UNIT TOTALS
Stream Mitigation Units
Riparian Wetland
Non-riparian
Total Wetland
Riparian Buffer
Nutrient Offset
SMU
Units
Wedand Units
U
2,889
Page 5 of 29

Page 10 of 25

500
599
598
597
596
0 5 As_bl, ? Feb 20085 20 Year IZSSept 20018 35 Year 24Rept 200945 50 Year 3 55e pt 2010 65 Year 4 7Sept 20115 —W—Year5 $Jar 2013 90
CS 4 - Pool
0 S --As -built Fe 52008 20 25 Year 1 - Sept 2008 40 Year 2- Sept 2009 5 60 Year S3 - Sept 2010 75 80 Year 85
Sept 2011
Page 11 of 25
95 —0—Mr 5 - Lo,52013110

602
601
600
599
- - -- - - -- - - - - - - - --
__ ___
—
CS 5 - Riffle
- --
- - -- -----------
- -- - - -.
i
- - - - =,
--
--
- -- --
597
596
- - --
-
- -
595
0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0
-- — — As -built Feb 2008
t
Year 1- Sept 2008
i Year 2 - Sept 2009
Year 3 - Sept 2010
--0 —Year 4 - July 2011
— — — - Ban kfull
55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0
Page 12 of 25

r �
Strickar Branch Profile'
GOO
:ti 7{ES RiAk 1 DAN "iLL SLOM..0.6f
WATER SUtiACE SUO F700'
_ es
F
• 590 ._ ...... .... .... __...._....._._._................ .... , . .... .. .............. ....
WA Pool -
.
2011 L—kF Surface Lp RrfIM
• 2011 WnifuN
ses
2011 Tl,.J—g
24M V -J—E
—
bm Thu. -S _ 4�
SOO — Gneari2011 #•naiulll � __.. .._ _. _...._� _... �
— Um=rl2011W=wS• tmz) XG2 RifRe XSLPOOl
i 1
»>
0 27D 300 770 4000 4270 1rs00 47" 2,000 ZA" 2,300 2.770 6,000 S,L70 7,700
sut
Page 15 of 29

XS 1 To_o4 Summa, Data Tta_bl_e
AB 2008
MJYr1 20_0.8,'
MYc2 2009,
ROM 20,110,
MYL4 2011
MYi5 20112
Bankfull Cross Sectional Area (ft)
260
272
190
195
329
326
Bankfull Width ft
141
264
31 0
99
132
136
Bankfull Max Depth ft
33
37
22
27
38
35
X�SRilffle Summa , Data Table
AB 20_0.8
M1Y1 20_0_8,
[Y2 2009
MYc3 20.1,Q
MY4 2011
FM-YS 20112
Bankfull Cross Sectional Area (ft)
750
541
358
351
366
NA
Bankfull Width ft
520
468
41 3
251
238
NA
Bankfull Max Depth ft
14
31
28
32
32
NA
XS 3 Riffle S.umma_, Data Ttable
AB 2.0_08
M7YT2 200_9,
MY3 2010,
MY4 2011
M1Y5 2012
Bankfull Cross Sectional Area ftZ
146
136
114
161
221
180
Bankfull Width ft
189
233
172
196
263
228
Bankfull Max Depth ft
1 7
1 7
1 5
1 8
1 9
1 9
X$ 4 P.o_oli Summa, Data Tia_ble
AB 2008
MYr1 200_8,
MY2 2009,
MY3 2010
M1Y4 201y1
M1Y5 2012
Bankfull Cross Sectional Area (ft
618
412
553
458
455
622
Bankfull Width ft
342
393
231
243
248
195
Bankfull Max Depth ft
41
36
42
29
35
45
I
XS 5 Riffle S =um–m—; F Eyj Da :ta Table
AB 2008
MYi1 2.0.0.8,
MYr2 ?0.0_9,
,Q
M�4 20.11
MAYS 2012
Bankfull Cross Sectional Area (ft
695
557
837
7426
81 3
NA
Bankfull Width ft
29 6
281
731
674
NA
Bankfull Max Depth ft
43
42
4 6
46
NA
I i I I f
i
i
XS 6 P.006 1 mmaiiiVi r)1.7e=
FABIWORII
M,Y1 2_0.0_8,
MJYt2 2009
MUM 2010
MY4 2011
M1Y,5 2012
Bankfull Cross Sectional Area (ft)
698
952
784
867
787
837
Bankfull Width ft
277
547
506
765
478
320
Bankfull Max Depth ft
5 1
48
49
47
5 1
4 9
Page 16 of 29

Ban kfull Events 2008
Site Visit Date
Associated Rainfall Event Date
Rainfall Amount (Inches)
Method Documented
211/2008
February 1st and 2nd
2.2
On site/ Photos
3/7/2008
March 4th
1.39
CSG
3/10/2008
March 7th
0.65
CSG
4/1812008
Aril 4th and 5th
0.66
CSG
511612008
May 9th and 10th
1.31
CSG
6/24/2008
June 22nd and 23rd
2.67
CSG
8/29/2008
August 25th to 28th
23.02
Photos
Documented Bankfull threshold is set at .65 inches of rainfa ?l
Page 17 of 29

STATE CUMATE OFFICE OF NORTH CAROUNA
NC CRONOS Database
Data retrieval from 311875 - Concord for past 181 day(s)
128 records fix this period of recall 171.1% data available; 52 missing. ecads)
DateMme 2m Daily PreWtaoon {n)
4!3/2008
0.1
4!4!2009
0
414/2009
0.04
4!1!2009
0
418/2009
0
4/9/2009
0
4110/2009
0
41112009
1.85
4113P20D9
0.01
4114/2009
0.42
4/18/2009
0
4117/2009
0
4120/2009
0.53
4/2MAM
0
4/23/2009
0
4124!2009
0
425/2009
0
4128/2009
0
4127/2009
0
4128/2009
0
4129/2009
0
4/30/20D9
0
2.9 inches of rain fell from 1/24/2010 to 1/25/2010
Page 18 of 29

1.72 inches of rain from 3/28 to 3/29/2010.
Page 19 of 29

USGS 352310080124845 CRN-51 RAINGAGE AT CONCORD REGIONAL AIRPORT
DATE
Jon
2010
Fib
2010
I ff
2010
Apr
2010
Amy
2010
Jun
2010
.110
2010
AM
2010
Sp
20'10
2010
Nor
2010
Doc
2010
Jan
2011
Feb
2011
1•r
2011
Apr
2011
MW
2011
Jun
2011
Jul
2011
1
0.00
-
0.02
M-2.
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ad1
d.m
DDO
0.00
a86"
029
222"
0.00
aDD
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ro
a

Stricker Branch (EEP ID # 92556) Vegetation Data Year 1 - 5
Stems Per An By Year
Baseline
2008
2009
R
2010
2011
2012
Plod
480
360
360
am
737
486
364
Plot
690
690
680
630
520
445
243
Plot
560
440
440
760
560
607
361
Plot 4
720
440
440
Plato
600
400
NS
783
Plot S
720
240
240
480
400
u5
405
Plot
a40
200
200
Piet 63
840
520
400
283
Plot ay.
o roL
673
393
420
693
523
471
324
Plot err. w
%*L
-
446
540
826
6B6
667
587
up r"ect codke WSS& l4stect Hosea, streaker araftch
Sookttsc ft— COMO can rdree
wsnls iCn'SNO hl`tl Older lerWe
er�Ja..s.a �w.a lard. Tw
ttyttl 6Y O MAMWborry reC
hrn�•. wn »m r� �IkV'.%e � trr�.n
thw e'kew Yrvrwwn@ AAMMAtC1h" Chheaul TI'ee
Sant Ql10Cn1 rCd[fmr I ltt
•4�ae. «. lul k r... 11�
nr
MOM darmtdet eatearn m
n [mteeed k 1M
taserass VM paaeac oak InN
s4trkt cou.e
state ia+eal
ttae vsa+e:+l
sowed cease
Wetland /Stream Vegetation ToLk (per acre) Yr 5
Plot 4 strenwimatianistwel Winew Tftr Success cftffbkw
1 a tab vas
2 243 283 526 No, Dtt Case
3 345 a 445 No, Dan case
4 202 486 - TYs. barely
5 lu S28 ND
6 p9 1093 Yes barelti
74e Sit ea7 an. k.rrk..e
:alJfr stems wave otann0 ttard sood aegis. Does NQr stldlob shnsbs. No pines. No,Ries.
'Stream/ Wadand stems Native oiakud Woo& sterns. rtkkdes stn6s. does Nor rKksde kw states. No rues
�IpkaiMS Native WOO& stems. NOS planted. No vines
'TOt71
Planted a vdunb er ram* woody stuns Ir dudes - stakes. Ezd. eGtks tad. �1nes.
Page 18 of 29

EEP Recommendation and Conclusion
The Str►cker Branch Project has been faced with several challenges during the monitoring period Beaver
management has occurred on throughout the monitoring period and as recent as the last few months Although
vegetative planted stem success has been low in some areas, for the most part the site volunteers have provided
good stability and canopy to the stream corridor Invasive treatment has been completed in the past and will
take place again prior to closeout
This project is also unique in that this is the first in which the Provider ceased any work on the contract in Year
5 and is no longer providing support to the project EEP completed some geomorphic monitoring and is
providing the closeout report
Even considering the complications this project has faced, it has provided significant uplift to a complex urban
stream system EEP recommends closure of the project at 2889 Stream Mitigation Umts (SMUs) based upon
the completion of the following contingencies
Contingencies
The following contingencies are currently being managed and most should be completed prior to the IRT field
review of the site
ATV access — There has been ATV access along one of the sewer easements on the downstream end of the
project EEP will be taking steps alleviate this problem with heavy signage to the path and areas around this
encroachment
Mowms — Prior to signage earlier this year, the site did not have any boundary marking Marking of the
easement with proper signage occurred earlier this year EEP has also spoken to the property manager and they
have agreed not to mow behind the signs We do not believe this to be a continuing problem
Invasives — There are 2 small areas of kudzu that are currently being contracted for a spray application
Page 19 of 25

Pre- Construction Photos
Post - Construction Photos

APPENDIX A - Watershed Planning Summary
92556 - Stricker Branch
The Stricker Branch project is located in Catalog Unit (CU) 03040105 and Hydrologic Unit (HUC)
03040105020040 (Irish Buffalo Creek watershed) and is listed as a Targeted Local Watershed (TLW) in the
2009 Lower Yadkin Pee -Dee River Basin Restoration Priority Plan (RBRP) (2009 Lower Yadkin Pee -Dee
RBRP). The project is in the City of Concord, Cabarrus County.
As stated in the RBRP goals for CU 03040105 include improved management of stormwater runoff to these
waters, protection of valuable threatened and endangered wildlife resources and continued mitigation of impacts
resulting from rapid urbanization of the area. In addition, contributing to the restoration of water quality in
DWQ- identified impaired streams is a priority.
There are five animal operations within this HUC and there are approximately 20 miles of Water Supply Waters
which service the City of Kannapolis. This HUC is a combination of urban and agricultural uses with almost
60% non - forested buffer. Stricker Branch flows into Irish Buffalo Creek which then flows into the Rocky River.
Both Irish Buffalo Creek and the Rocky River are on the 2012 3O3d listed for failing to meet their designated
use of supporting aquatic life due to high turbidity and elevated copper levels.
Stream restoration improvements implemented by this project are particularly important for an urban watershed
where stormwater management and water quality improvements are priorities. The establishment of a riparian
buffer improves pollution filtration, reduces nutrient and sediment inputs to the stream, reduces impacts
associated with high stormflow velocities and increases habitat availability. In addition, stabilization of
streambanks and reconnection of the stream to its floodplain facilitate the attenuation of peak flows associated
with urban runoff. These project benefits will contribute to water quality improvements in downstream, 303d
listed, waters by reducing sedimentation and increasing pollutant removal capabilities. The project also
incorporates the use of stormwater BMPs located both outside and inside the conservation easement to attenuate
and treat runoff from the surrounding development and associated impervious surfaces. Together, these
improvements will provide functional uplift for the watershed as a whole.
•
»M.1 4A
ROWAN .
4
J
Upp.r Rocky River -
ACl.rkaCreekLWP
ti
x •
• 1
L"end
• EEP Pr4.fl.- 2913 CI—uN
• EEP Prq.GS M.r 11
• 319 PIdACU
• CMTF Spec
EEP Local WaIlMo Pons
© EEP Tx9rtad Lora WaWSWS
O Car WUn.s
p coot., B—am..
Y., .........� .,
4 •
• CABARRUS
Stricker .
• `, t Branch
Z
0
.
o �
o e STAN LY
Upper R «ky Rtver t /
Coddle C,.ek LWP
-- o
N
W�E EEP 2013 Project Closeout o K-
s Stricker Branch (Yadkin 03040105)
Page 21 of 29
•

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 These conservation easements were acquired from the landowner by the full -
delivery provider, Mid - Atlantic Mitigation, and assigned to the State of North Carolina thereafter
Conservation easements, assignment documents, and survey plats are available at the link below
http / /www nceep net /GIS DATA /PROPERTY /92556 StnckerCreek Of
Page 22 of 29
Site Protection
Deed Book &
Acreage
Grantor
County
Instrument
Page Number
protected
Southpaw Investors, LLC
Cabarrus
Conservation
7527/154
4 712
Easement
Tina M Kapadia and Rishi M
Conservation
Cabarrus
Easement
7262/264
1553
Kapadia Trust
Conservation
Dickens Industrial, LLC
Cabarrus
Easement
7527/0147
1420
Assignment
Conservation
Mid - Atlantic Mitigation
Cabarrus
Easement
7578/29
Assignment
Assignment
Conservation
Mid - Atlantic Mitigation
Cabarrus
Easement
7578/26
Assignment
Assignment
Conservation
Mid - Atlantic Mitigation
Cabarrus
Easement
7578/32
Assignment
Assignment
Conservation easements, assignment documents, and survey plats are available at the link below
http / /www nceep net /GIS DATA /PROPERTY /92556 StnckerCreek Of
Page 22 of 29

APPENDIX C — Jurisdictional Determinations and Permits
�OF W AT .9 Michael F Easley, Governor
D 9 r G Ross Jr Smeary y North Carolina Departmw of EavuoWnmetlen
and Natural Resources
--1
Y Alan W Klimek P E Dvector
Devnion or Watcr Quaiay
December 6, 2006
DWQ# 06 -1760
Cabarrus County
Mr Richard K Mogensen
Mid- Atlantic Mitigation, LLC
9301 Aviation Boulevard, Suite CE -1
Concord, NC 28027
Subject Stncker Branch Stream Restoration, Concord
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Mogensen
You have our approval, in accordance with the attached conditions and those listed below, to
Impact 220 linear feet (If) of perennial stream (unnamed tributary to Insh Buffalo Creek) in order to
complete phase one of the stream restoration project in Cabarrus County, as described in your
application received by the Division of Water Quality (DWQ) on November 21, 2006 After reviewing
your application, we have determined that this project is covered by Water Quality General
Certification Number 3495, which can be viewed on our web site at
htta 1/h2o enr state nc us /ncwetlands This General Certification allows you to use Nationwide Permit
Number 27 once it is issued to you by the U S Army Corps of Engineers Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water
Supply Watershed regulations
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specked in the General Certification This approval is only valid for the purpose and
design that you described in your application If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new Certification If the property
is sold, the new owner must be given a copy of the Certification and approval letter, and is thereby
responsible for complying with all conditions
In addition to the requirements of the Certification, you must also comply with the following
conditions
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced
2 No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application All
construction activities associated with this project shall meet, and/or exceed, those requirements
r J..'�ro t�arot�na
Jv'112; y
North Carob a Division of Water Quality 610 East Center Avc , Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
lntenatt �•� �� FAX [phone]
An Equal Oppaluity/ABinat a Action Employer- 50% Rety*00%Post Consumer Paper
Page 28 of 32

APPENDIX C — Jurisdictional Determinations and Permits
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
4. Continuing Compliance. The applicant(Mid- Atlantic Mitigation, LLC) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the Certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this Certification, 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 that 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.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704 -663 -1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919 - 733 -9721.
Attachments
Sincerely,
�—forAlan W. Klimek, P.E�
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Tommy Cousins — Kimley -Horn and Associates
Page 30 of 33

APPENDIX C — Jurisdictional Determinations and Permits
0�0� wArF9Qi:
r
O -C
Mr Richard K Mogensen
Mid - Atlantic Mitigation, LLC
9301 Aviation Boulevard, Suite CE -1
Concord, NC 28027
Subject Stucker Branch Stream Restoration, Concord
Michael F Easley, Govemvr
WdhamG Ronk Secretary
North Carolina Deyertmemor Environment and Narzal Resources
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Mogensen
Alan W Khmeit P E Director
Dmmm of Water Qoalay
February 9, 2007
DWQ# 06 -1760, Ver 2
Cabarrus County
You have our approval, in accordance with the attached conditions and those listed below, to
impact 2000 linear feet (If) of perennial stream (unnamed tributary to Irish Buffalo Creek) in order to
complete a stream restoration project in Cabarrus County, as described in your application received
by the Division of Water Quality (DWQ) on January 22, 2007 After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3495,
which can be viewed on our web site at httD //h2o enr state nc 1is/ncwetlands This General
Certification allows you to use Nationwide Permit Number 27 once it Is issued to you by the U S
Army Corps of Engineers Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non- Discharge, and Water Supply Watershed regulations
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification This approval is only valid for the purpose and
design that you described in your application If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new Certification If the property
is sold, the new owner must be given a copy of the Certification and approval letter, and is thereby
responsible for complying with all conditions
In addition to the requirements of the Certification, you must also comply with the following
conditions
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced
2 No waste, spoils, solids,-or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application All
construction activities associated with this project shall meet, and/or exceed, those requirements
N
al w
North Carolina Dtvtston of Water Quality 610 East Center Ave Smte 301 Mooresvtfle, NC 28115 Phone [phone] Cu mma Service
internist h2oetsWOSa.us FAX [phone]. 6236748
An Equal Oppor1wWAlpm §veAcfion Emptgw- 50% Racrrkdfi0% Post Conswer Paper
Page 23 of 29

APPENDIX C — Jurisdictional Determinations and Permits
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401IWetiands Unit of the NC Division of Water Quality.
4. Continuing Compliance. The applicant(Mid- Atlantic Mitigation, LLC) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the Certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this Certification, 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 that 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.
This letter completes the review by the Division of Water Quality under Section 401 of the Cleam
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704 - 663 -1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919 - 733 -9721.
Attachments
Sincerely,
for Alan W. Klimek, P.E.
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Tommy Cousins — Kimley -Horn and Associates
"�,�y
Page 26 of 29

APPENDIX C — Jurisdictional Determinations and Permits
U.S. ARMY CORPS OF ENGINEERS q=h O py
WILMINGTON DISTRICT
Action ID SAW- 2007 - 364 -313 County Cabarrus USGS Quad Concord
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent Mid- Atlantic Mitigation, LLC, Attn Richard K Mogensen
Address 9301 Aviation Boulevard, Suite CE-I
Concord, NC 28072
Telephone No 7047824133
Size and location of property (water body, road nametnumber, town, etc) 7 7-acre site adjacent to Stricleer Branch
between McCnll Avenue and Irish Buffalo Creek at Concord
Description of projects area and activity Restoration of natural channel dimension, pattern and profile on 3200
linear feet of perennial stream channel by draining an existing pond, excavating a new channel, stabilizing banks,
installing rock and log structures, filling old channel and planting native vegetation. The proposed project will
Impact approximately 2000 linear feet of existing channel. SPECIAL CONDITIONS- 1) The new channel mast
be excavated in dry conditions and stabilized before stream flow is diverted through It. 2) Draining of the pond
must be accomplished such that no more than minimal amounts of sediment are released downstream. The
permittee must dispose of any dead fish so as not to adversely affect downstream aquatic resources
Applicable Law X 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 permit
conditions and your submitted plans Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action
This verification will remain valid until the NWP is modified, reissued or revoked prior to March 18, 2007 It is incumbent upon
you to remain informed of changes to the NWPs We will issue a public notice when the NWPs are reissued Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity
under the present terms and conditions of this nationwide permit If, prior to the expiration date identified below, the nationwide
pemut authorized is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all new and/or modified teri and conditions The District Engineer may, at any time, exercise his discretionary
authority to modify, suspend or revoke a case specific activity's authorization under any NWP
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvaWpenmts
if there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engmeers regulatory
program, please contact Steven Lund at telephone 828 - 271 -7980 x 223
Corps Regulatory Official Steven Lund "-SW Date 3/01/2007
Expiration Date of Verification 3/18/2007
Page 1 of 2
Page 25 of 29

APPENDIX C — Jurisdictional Determinations and Permits
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 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 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 junsdictional areas within the above described project area have been identified under a previous action
Basis of Jurisdictional Determination
Corps Regulatory Official Steven Lund
Date
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 Tommy Cousins
Kimley -Hom and Associates
4651 Charlotte Park Drive, Suite 300
Charlotte, NC 28217
Page 2 of 2
Page 26 of 29

APPENDIX C — Jurisdictional Determinations and Permits
Action ID Number: SAW- 2007 - 364313, NW 27 County: Cabarrus
Permittee: Mid - Atlantic Mitigation, LLC, Attn: Richard K. Mogensen
Stream restoration, Stricker Branch
Date Permit Issued: 3/01/2007
Project Manager: Lund
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
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
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.
Signature of Permittee Date
Page 27 of 29

Mitigation Project Name Stricker Branch
EEP IMS ID 92556
River Basin YADKIN
Cataloging Unit 03040105
Aoolied Credit Ratios. 1:1 1.5:1 2.5:1 5 1 1:1 3 2:1 5:1 1:1 3 1 2 1 5.1 1 1 3 1 2 1 5:1 1:1 3.1 0 5 1 1 1 1 1
Information as of 3/17/2013
v E
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C
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t
a i aGpe I
°
= a Wa O
u
i
Q� 'WpC C a
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t
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o
Z K
o
Z
W W C d
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o
Z
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o
_
d
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°
U
U
O W m 19
0
Z Z d W
2E
C OU ^
0
q
O
Z
2
p Oo
p
2
Beginning Balance (feet and acres)
2,889.00
D T Pre -EEP Debits (feet and acres): Not Applicable
EEP Debits (feet and acres):
DWQ Permit No
USACE Action IDs
Impact Project Name
2002 -0672
2009 -00876
NCDOT TIPs R -2559/ R
3329 - Monroe Bypass
& Connector
2,889.00
Remaining Balance (feet and acres)
0.00
Information as of 3/17/2013