20201842 Ver 2_More Info Requested_20210819 (2)

August 19, 2021
Cleveland Bluff’s Stream Restoration Plan
DWR # 20201842 Version 2
Johnston County

Mr. David A. Syster
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412

(Sent via email to [e-mail])
Subject: REQUEST FOR ADDITIONAL INFORMATION
Cleveland Bluff’s Stream Restoration Plan

Dear Mr. Syster,
On April 5, 2021, the Division of Water Resources (“Division” or “DWR”) received your modified
pre-construction notification (“application”) requesting a 401 Water Quality Certification for the
12
referenced project.This application was submitted pursuant to the Settlement Agreementsigned in
3
October 2020 in order to resolve site violations,including unauthorized impacts to Stream “UT1.”
The application included a stream restoration plan for UT1 titled: Cleveland Bluff’s Stream Restoration
Plan, dated December 23, 2020 and prepared by your office. The Division has determined that this
restoration plan is incomplete and cannot be approved until the items in this letter are addressed and
the Division receives a complete response to the information requested. Please note that this stream
restoration review is related, but separate from the 404/401 impacts that are currently under review for
after-the-fact authorization.

Along with the comments outlined above and below, minimum stream restoration requirements can be
found in the General Conditions of 401 Water Quality General Certification (WQGC) Number 4134
which is attached for reference. As noted above, a complete response to these items are needed to
approve the Cleveland Bluff’s Stream Restoration Plan. The comments and information requests below
are combined with the comments communicated on July 15, 2021 via email. The restoration plan
review is on-hold until all the following items are addressed and the Division receives a complete
response to the information requested below:

1. The restored stream channel (UT1) should be placed in the location of the original stream channel.
On-site evidence indicates a well-formed stream exists above the impacted reach of UT1. In

1
This April 5, 2021 application is the second received by NC DWR for the project. The first application, received December 2, 2020,
was denied on March 19, 2021 due to incomplete information.
2
NC Office of Administrative Hearings. Case Number 20 EHR 02971
3
NC DWR. Notice of Violation Number PC-2020-0014

DWR # 20201842 Version 2
Cleveland Bluff’s Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 2 of 4
addition, historical aerial images show a channel existed within the impacted reach of UT1 as well.
To satisfy the requirements of the Settlement Agreement, the restored stream channel must be
reestablished in the area of the original stream channel and be designed to mimic the natural
conditions of the original channel as much as possible. At a minimum, the goal is to create a stable,
vegetated, non-incised stream channel that is sinuous and can access its floodplain. Minimum
stream restoration requirements can be found in the General Conditions of 401 Water Quality
General Certification (WQGC) Number 4134 which is attached for reference.

2. Restoration of 456 linear feet of UT1 is to resolve the violation associated with the unauthorized
placement of a culvert and fill in UT1. As a corrective action to a violation, the restoration cannot
count toward any mitigation requirements triggered by the after-the-fact 401 Certification for other
parts of the project. Therefore, please amend the proposed mitigation plan and the 401 Water
Quality Certification Application as applicable.

3. Please explain how the restoration work will be completed in the dry. Please provide supporting
exhibits for any proposed stream flow pump around or detail other methods planned to accomplish
this.

4. Please design and implement proper erosion control measures to prevent downstream
sedimentation once land disturbance begins. Please provide the sediment and erosion control plans
as a part of the submittal. Consultation with Johnston County to ensure compliance with their
erosion control ordinance is recommended.

5. Provide details on the placement location of the removed soil and explain how they will be
stabilized to prevent downstream sedimentation once land disturbance begins.

6. The restored channel bed should not be at a lower elevation than the inverts of the existing culverts.
The stream bed should be designed to be above the bottom of the culvert and at an elevation that
is equal to 20% of the culvert pipe diameter. This should be designed on the upper and lower ends
of the feature to allow low flow passage of water and aquatic life.

7. DWR requires a natural channel design for stream restoration including the following items:
a. Please provide modeling data or other calculations to support proposed channel depth given
the 20-acre drainage area.
b. The channel depth should be designed to access a flood plain. If there are land constraints,
then construct benches above the main channel thalweg, all within the total channel width. The
full width may need to be adjusted to accomplish this design. Some sinuosity should be
designed within the restoration width to help reduce the velocity and reduce the potential for
erosion along the stream channel.
c. Reduce the depth of the bed as much as possible, at least in the riffle sections of the stream to
allow access to the adjacent floodplain.

DWR # 20201842 Version 2
Cleveland Bluff’s Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 3 of 4
d.The current gravel bottom channel design is not a natural stream restoration design. The stream
restoration design should include bedform diversity (i.e., riffle – pool sequence). Riffle
material should be appropriately sized to handle calculated discharge velocities. Additionally,
adding rock/wood structures for grade control and bank toe protection should be considered
for long-term stream stabilization and aquatic habitat. The channel bottom design width should
be detailed on the typical cross section provided or with an additional drawing. Please include
other standard stream design values such as sinuosity, bank full cross-sectional area,
width/depth ratio, bank height ratio, and entrenchment ratio.
e. Any matting in the stream bed and banks should not consist of geotextile material but rather a
coir matting or other biodegradable material and stabilized with vegetation.
f. Riprap shall not be installed in the streambed except in specific areas required for velocity
control and to ensure structural integrity of bank stabilization measures. For example, riprap
can be used at the inlet and outlet of the installed culverts.

8. Minimum Vegetation Requirements
a. Stream restorations require native woody stem plantings with live stakes (shrub and/or trees)
for long-term stream stabilization, habitat and water quality.
b. Provide two rows of live stakes, spaced approximately 8-10 feet apart, to be installed along the
mid/upper bank slope.
c. Provide at least one row of native bare root (or container) plantings be installed approximately
3-6 feet back from the top of bank and spaced 8-10 feet apart.
d. Please modify the permanent and temporary seeding plans that account for the specific woody
stems and seed mix to be used.
e. All plantings should be planted in the upcoming dormant season for the specific ecoregion
(2021-2022)

9. Irrigation
a. To ensure survival, please utilize the pond or other water source for irrigation of the restoration
plantings during the first growing season.

10. Monitoring
a. Once restoration is completed, send confirmation and pictures to DWR, Shelton Sullivan
[e-mail] and Paul Wojoski at [e-mail].
b. The restoration area should then be monitored quarterly for the first year and then annually for
a total of 5 years as specified in the proposal. Send the monitoring reports with photographs
quarterly for the first year and then by November 30 of the following years. Send the reports
to Shelton Sullivan [e-mail] and Paul Wojoski at
[e-mail].
c. The monitoring criteria should include:
i) In addition to the criteria in the proposal, choose at least two cross sections (1 riffle, 1 pool)
to track aggradation, degradation, and bank scour.
ii) In addition to the criteria in the proposal, choose at least two vegetation plots/transects to
track species, coverage, stem density and vigor.

DWR # 20201842 Version 2
Cleveland Bluff’s Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 4 of 4
d.Replant as neededto meet the required success criteria. If replanting is required, the
monitoring will restart as well.
e. Monitoring requirements can be reduced as communicated by DWR in writing.

11. Success Criteria
a. Channel must be stable.
b. Success criteria of the stream bank stabilization will be accomplished when 90% of the bank
is observed to be stable with no signs of ongoing erosion.
c. Success criteria of the vegetation will be accomplished when 90% of the planted stems survive
with 90% vegetative cover of the restored area.
d. All required repairs for site stabilization and success are made expeditiously.
The above requested information is required for the approval of theRestoration Plan. Please update
the Cleveland Bluff’s Stream Restoration Plan, dated December 23, 2020 to address this information
request. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1)
copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail
Service Center, Raleigh, NC 27699-1617, OR by submitting all of the above requested information
through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form(note “DWR #
20201842 Version 2 and Cleveland Bluff’s Stream Restoration Plan” on the link referenced above).
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.

Please contact Shelton Sullivan at [e-mail] if you have any questions or concerns.
Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

Enclosure: General Certification 4134

CC: Chis Hopper, US Army Corps of Engineer, via email
Charles Pender, Jessica Batten - Johnston County Public Utilities, via email
401 and Buffer Permitting Branch – Laserfiche File DWR # 20201842 Version 2