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HomeMy WebLinkAbout20070623 Ver 1_Mitigation Closeout Report_20130829Little White Oak Creek Stream Restoration Project V EEP ID # 92534 FDP CONTRACT # D06027- B USACE ACTION ID # 2007 -02475 DWQ 404# 07 -0623 UG . [r CLOSEOUT REPORT � C �3 �Dn„ W- . a yvATEH 4t1q�tTY Stream Restoration Project ch Project Settina & Classifications County Polk General Location Mill Spring Basin: Broad River Physiographic Region: Piedmont Ecoregion: Southern Inner Piedmont USGS Hydro, Unit: 03050105 NCDWQ Sub - basin: 03 -08 -02 Thermal Regime: Cool Trout Water: No Stream Repair (R1 /R2) Jan. 2011 Supplemental Planting Feb. 2011 Project Performers Dec. 2011 Source Agency: EEP Provider: Mulkey, Inc. Designer: Mulkey, Inc. Monitoring Firm Mulkey, Inc. Channel Remediation Vaughan, Inc. Plant remediation Bruton Nurseries & Landscape Pro pert Interest Holder I EEP Overall Project Activities and Timeline Milestone Month -Year Project Instituted June 2006 Permitted May 2007 Construction Completed Nov. 2007 As -built survey Jan. 2008 Monitoring Year -1 Dec. 2008 Monitoring Year -2 Dec. 2009 Monitoring Year -3 Dec. 2010 Stream Repair (R1 /R2) Jan. 2011 Supplemental Planting Feb. 2011 Monitoring Year 4 Dec. 2011 Monitoring Year 5 Dec. 2012 Supplemental Planting Feb. 2013 Invasive Species Control Mar. 2013 Closeout Submission I Aug. 2013 Protect Setting and Background The Little White Oak Creek Stream Restoration Site (LWOC) was developed in response to the NC Ecosystem Enhancement Program ( NCEEP) issuing the Full Delivery RFP No 16- DO6027 Mulkey, inc (Mulkey) was awarded the contract (1306027 -13) to provide 18,200 Stream Mitigation Units (SMU) on June 26, 2006 LWOC is located approximately 2 5 miles east/southeast of Mill Spring, NC (Figure 1) Past land use practices have mainly included tarmmg and extensive grazing (cattle and horses) The pre - existing conditions were comprised of eroded and incised channels which contained large quantities of silt and fecal matter During initial surveys of the site, several dead animal carcasses were found in the channels and the adjacent floodplain As a result of these impacts the water quality was in a severely degraded state at the site Pre - existing surveys also revealed that bank height ratios ranged from 1 5 to 6 8 and over - widened channels were widespread LWOC is comprised of six stream reaches totaling approximately 18,290 feet of restored stream channel (excluding crossings) Analyses, design, and restoration of the stream channels at LWOC were accomplished using Natural Stream Channel design methods (Rosgen, D L , 1994, 1996, 1998) The majority of the reaches at LWOC were restored utilizing Priority 1 and 2 approaches (Rosgen 1997) The in- stream structures that were installed at LWOC included rock cross vanes, j -hook rock vanes, rock vanes, constructed riffles, and root wads Stream banks were further stabilized through the installation of coir fiber erosion control matting, temporary and permanent seeding, and the installation of native species vegetation in the form of transplants, live stakes, and bare root seedlings The restored riparian and upland buffer areas were also replanted with native species vegetation to emulate the Piedmont/Low Mountain Alluvial Forest Schafale and Weakley (1990) Major grading and channel construction were completed in November 2007 Native plant materials were installed during the months of -- November and December 2007 In addition to stream restoration, seven (7) oxbow wetlands were created from portions of abandoned stream channels One of these created wetlands also receives treated effluent from the adjacent school, where it provides further filtration before emptying into in reach RI The as -built surveys were initiated in January 2008, immediately following the installation of plant materials and were conducted utilizing total station equipment Mulkey established a 50 08 acre conservation easement which is entirely fenced to prevent cattle intrusion Goals and Obiecttves The primary goals of LWOC were to improve water quality, to reduce bank erosion, to reestablish a floodplain along each of the stream reaches, to improve the aquatic, botanical and terrestrial wildlife habitat and to protect the restored channels These goals will be met through the following objectives • Restore degraded stream reaches by using natural channel design to their appropriate dimension, pattern and profile using reference reach parameters • Install in- stream wood and rock structures • Create oxbow wetlands from abandoned sections of the old channels • Establish native plant communities throughout the conservation easement • Establish a fenced conservation easement Success Criteria Success criteria for stream mitigation sites are based on guidelines established by the USACE US Environmental Protection Agency (USEPA), NC Wildlife Resources Commission (NCWRC) and the NCDWQ (USAGE et al 2003) Monitoring for LWOC followed the requirements set forth in the Full Delivery RFP 16- DO6027 and by NCEEP (2005) A brief summary of the criteria and related success are described below Table 3 Success Criteria Type Criteria Cnteria Met Morphological Stable dimension, pattern, and profile Yes Hydrological A minimum of two bankf ill events occurring on separate years Yes Vegetation Planted vegetation survivability should be at least 260 stems per acre Yes Page 2 of 27 Little White Creek Asset Table Riparian Wetland Pre — Total (SMU) Units Restoration Construction Mitigation Watershed As -Built Linear Mitigation Units Segment/Reach (acreage /linear Approach Acreage Footage /Acreage Mitigation Ratio (SMU/WMU)" feet STREAM R1 6,530 R (PI1) 2852 7,820 1.0 7,543 R1A 906 R PI /11) 67.39 1,060 1.0 1,040 R2 5,971 R (P1I) 7124 7,362 1.0 7,107 R2A 625 R P1I 345.04 336 1.0 336 R2B 1,397 R (P1 /1I) 74.05 1,534 1.0 1,474 R2D 526 f R PI /1I 31.65 790 1.0 790 A Stream mitigation units do not include restored channel outside of easement and within crossings MITIGATION UNIT TOTALS Stream Mitigation Units Riparian Wetland Non - riparian Total (SMU) Units Wetland Units Wetland Riparian Buffer Nutrient Offset WMU 18,290 Page 3 of 27 PREPARED FOR 81EETI OF FIGURE 2 PROJECT ASSETS AND REACH SEGMENTS LEGEND PREPARED BY LITTLE WHITE OAK CREEK STREAM RESTORATION PROJECT POLK COUNTY, NORTH CAROLINA Ea.e .— I — '�ro�' ba PICt :,RAWN: -0 -mink nED.TBB _- nwwECTnuMeEx ,I,�h -4w�., C_:taMsmiieacn CsacoECCtan 1*4UI..,K.EY I' 1'(Iti4hlC "11 "Ec. 2"237.00 uwuw,c sc +ie t .4aOi/11 Top of Cann . ^_Ity Es., —en, . nc�r v2ea� •••� Page 4 of 27 1 FN �11- el I I Page 5 of 27 PROJECT SOILS MAP 11 FIGURE LITTLE WHITE OAK CREEK �,.Cnc `li 111 rw STREAM RESTORATION PROJECT i u mono xKe �,,, EEP PROJECT 892534 1�1 r'..o POLK COUNTY, NC Legend I PedA _ of Easement Aii+ WATERSHED MAP URE LITTLE WHITE OAK CREEK ¢nwvwc sc.ie STREAM RESTORATION PROJECT r�3 �161M EEP PROJECT 092534 POLK COUNTY, NC Page 5 of 27 PROJECT SOILS MAP 11 FIGURE LITTLE WHITE OAK CREEK �,.Cnc `li 111 rw STREAM RESTORATION PROJECT i u mono xKe �,,, EEP PROJECT 892534 1�1 r'..o POLK COUNTY, NC Little White Oak Creek Cross Section & Longitudinal Profile Surveys Page 7 of 27 (�I (Year 5) Cross Section 4 - Riffle (R2) M-AW Diet- (R) Page 8 of 27 Page 9 of 27 w (Year 5) Cross Section 9 - Pool (R1) �nr;::ra3t. .,.............,_... _.,.,....'„ .a: %__ . ,...,t� %..� ....a�r...fii;�.°-..^a- a:.3:r°• „��,r•,raxr.. .,... e>ae— Horizontal Distance (ft) (Year 5) Cross Section 10 - Pool (R1) wee] 4 • >° ° to - I I° I° I I e i I Horizontal Distance (ft) (Year 5) Cross Section 11 - Pool (R1) ZFF B� e; :' e>] B> I I I I I I I I I Horizontal Distance (ft) Pagc 10 of?7 (Year 5) Cross Section 12 - Riffle (R1) BBB I e» e>e -- jai I B>B .>] I .>2 ! I I I Horizontal Distance (n) (Year 5) R1 Longitudinal Profile (STA 114+00 33.74) IT I Distance along sbedm (ft) A'— Ay—) (Year 5) R2 Longitudinal Profile (STA 25+1 3 45+60) �21 Ti D1.,.n.. m..g M) J7(Y*- I 1 1— Page I 1 of 27 Page 12 of 27 (Year 5) R2D Longitudinal Profile (STA 2 +84 -- 7 +79) DIstaneo along stroam M) Bankfull Events Table Verification of Bankfull Events Date of Data Collection Date of Occurrence Method 8/25/08 -- 8/27/08 Unknown Crest gauges 10/13/09 -- 10/14/09 Unknown Crest gauges 11/01/10— 11/03/10 Unknown Crest gauges 11/14/11 — 11/15/11 Not apphcable Visual Assessment (Wrack Lines) 1/22/2013 1/15/13— 1/18/13 Visual Assessment (Wrack Lines) 7/15/13 7/13/13 Visual Assessement (Landowner Mulkey) 100 -Year Storm Event Cross Section Data Page 13 of 27 Little White Oak Creek Stream Restoration Project (EEP Protect # 92534) Reach RI (500 Feet) PARAMETERS Cross Section 13 Riffle Dimension Bankfull Width (ft) Hoodprone Width (it) Bankfull Mean Depth (ft) Bankfull Max Depth (0) Cross Sectional Area (ft') Width/Depth Ratio Entrenchment Ratio Bank Height Ratio Base MYI MY2 MY3 MY4 MY5 78 78 92 76 75 73 1250 1242 1250 1250 125 0 1250 05 05 05 05 05 04 079 082 077 085 089 088 3 50 421 439 347 385 3 02 17 2 14 5 19 2 114 l44 179 16 13 l5 85 l3 54 16 56 1671 1703 loo 100 100 1 00 100 1 1 00 Monitoring Data - Dimensional Morphology Summary (Dimensional Parameters - Cross Sections) Little White Oak Creek Stream Restoration Project (EEP Protect # 92534) Reach R2 (2047 Feet) PARAMETERS Cross Section I Riffle Cross Section 2 Pool Cross Section 3 Pool Cross Section 4 Rifilc Cross Section 5 Pool Dimension Bankfull Width (ft) Bas c MY 1 MY2 MY 3 MY4 MY5 MYO MYI MY2 MY3 MY4 MY 5 MYO MYI MY2 MY3 MY4 MY5 MYO MYI MY2 MY3 MY4 MY 5 MYO MYI MY2 MY3 MY4 MY 5 33 1 340 375 235 336 31 4 260 257 252 23 5 25 9 24 1 279 276 262 257 263 263 267 26 1 260 261 254 25 5 27 6 280 277 273 274 281 tloodprone Width (ft) 920 997 110 0 91 3 110 0 104 5 106 3 118 8 116 5 116 7 120 0 897 148 1 150 2 155 3 164 0 164 0 164 0 120 0 120 4 120 0 120 0 120 0 120 105 0 104 6 105 0 105 0 105 0 105 Bankfull Mean Depth (ft) 189 189 171 189 165 163 1 93 1 94 1 75 156 1 70 1 62 1 80 1 77 1 79 159 1 57 1 70 232 1 99 2 13 199 205 195 1 88 1 62 167 171 169 1 58 Bankfull Max Depth (ft) 295 323 395 321 344 335 320 423 348 351 349 3 13 338 349 379 396 394 421 370 325 3 74 3 53 364 3 79 370 3 11 309 322 3 31 366 Cross Sectional Area (j2) 62 6 64 I 64 2 441 555 51 1 501 497 442 367 439 39 50 487 469 408 41 3 446 1 61 9 52 1 554 518 520 497 51 9 1 454 462 468 46 1 443 Width/DepthRatio 175 180 219 125 204 193 135 132 144 151 152 149 I55 156 146 162 167 154 115 131 122 131 124 131 147 173 166 160 163 17R Entrenchment Ratio 28 29 29 39 33 33 41 46 46 50 46 37 53 55 59 64 62 63 1 45 46 46 46 47 47 38 37 38 38 38 37 Bank Height Ratio 1 00 100 100 100 1 00 1 00 1 00 100 100 1 00 100 1 00 1 00 100 100 100 1 00 100 1 100 100 100 1 00 100 1 00 1 00 100 100 1 00 1 00 1 00 Page 14 of 27 Little White Oak Creek Stream Restoration Project (EEP Project # 92534) Reach RZA (326 Feet) PARAMETERS Cross Section 6 Riffle Dimension Bankfull Width (ft) Floodprone Width (ft) Bankfull Mean Depth (ft) Bankfull Max Depth (ft) Cross Sectional Area (ft=) Width/Dcpth Ratio Entrenchment Ratio Bank Height ht Ratio Base MYI MY2 MY3 MY4 MY5 139 16 1 161 134 126 129 405 404 406 416 415 413 1 14 10 094 07 081 08 180 1 89 19 209 208 1 93 I5 8 16 2 15 1 9 39 10 2 10 3 122 159 17 1 19 2 15 6 16 1 29 251 2 52 3 1 3 29 3 21 100 too 100 1 00 1 00 100 1 ittle White Oak Creek Stream Restoration Project (FFP Project # 92534) Reach R2B (551 Feet) PARAMETERS Cross Section 7 Riffle Dimension Bankfull Width (fl) Floodprone Width (ft) Bankfull Mean Depth (0) Bankfull Max Depth (ft) Cross Sectional Area (ft') Width/Depth Ratio Fntrenchment Ratio Rank Height Ratio Base MYI MY2 MY3 MY4 MY5 98 87 83 85 80 73 260 255 249 25 1 263 243 056 052 051 051 056 035 093 089 085 084 096 081 49 45 42 44 45 26 15 7 167 162 166 143 208 30 29 3 0 30 33 3 3 too 1 00 100 1 00 100 1 00 Page 15 of 27 I ittle White Oak Creek Stream Restoration Project (FEP Project # 92534) Reach 112D (495 Feet) PARAMETERS Cross Secnon 8 Riffle Dimension Bankfull Width (ft) Floodprone Width (ft) Bankfull Mean Depth (fl) Bankfidl Max Depth (ft) Cross Sectional Area (ft=) Width/Depth Ratio Fntrenchment Ratio Bank Hei ht Ratio Base MYI MY2 MY3 MY4 MYS 8 8 11 7 109 11 I 110 11 6 70 0 696 700 700 700 700 0 68 057 065 059 066 054 1 02 104 1 05 1 03 1 06 1 03 6 0 7 1 6 5 7 3 63 l3 0 16 8 18 8 16 7 21 5 7 9 L26 6 4 6 3 6 3 6 0 100 100 1 00 1 00 1 00 Little White Oak Creek Vegetation Data- Plot Data o © © © ©oo ©ommmmmmmmmmmmmmm_ ______ Notes Year u t otais (Aa)ustca) represents me most accurate species occurrence, lot [owing corrections for misidentification and other issues dunng the initial counting process Page 16 of 27 Little White Oak Creek Vegetation Data: Stems Per Acre Min Avg Max Plots 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 Year 0 996 823 735 653 741 X950 748 763 683 694 656 705 795 615 850 868 757 518 854 1000 645 924 776 939 518 779 1000 Year 1 996 823 571 571 576 826 709 763 562 694 615 581 795 615 729 826 598 438 813 1000 484 924 776 816 438 713 1000 Year 996 823 490 367 535 744 669 643 522 694 615 581 711 615 729 702 558 438 772 1000 444 843 776 776 367 668 1000 Year 747 563 408 327 453 620 433 602 442 612 492 539 460 451 607 537 518 438 732 917 444 723 612 694 327 557 917 Ye2r4 747 519 408 327 412 620 433 602 442 612 492 498 460 451 607 496 558 478 732 917 444 723 531 776 327 553 917 Years 622 1 563 1 408 1 286 412 620 1 472 683 442 612 574 539 460 451 607 496 558 478 732 917 403 763 531 776 286 558 917 Plot Acreage 0 024 0 023 0 025 0 025 0 024 0 024 0 025 0 D25 0 025 1 0 025 1 0 024 1 0 024 1 0 024 1 0 024 1 0 025 1 0 024 1 0 025 1 0 025 1 0 025 1 0 024 1 0 025 1 0 025 1 0 025 1 0 025 Page 17 of 27 EEP Recommendation and Conclusion The compilation of five years of monitoring data strongly suggests that LWOC has been successfully restored to a stable stream system The dimension, pattern and profile for the project have been maintained throughout the 5 -year monitoring period The site has experienced at least five (5) large bankfull events during the monitoring period, which has resulted in minimal bank instability across the site This stability of the system can be attributed to the newly constructed floodplams, functioning in-stream structures and extensive vegetation throughout the site The native vegetation that has been installed has also met the success criteria in all monitoring plots The functional uplift at LWOC has been significant when compared with the pre - existing conditions photos and surveys The aquatic habit has been consistently improving, which is most evident in the number of fish and benthic macro - invertebrates that have been collected or seen during the monitoring period The terrestrial wildlife habitat at LWOC has also improved due to the restoration of the upland and riparian buffers Numerous animals including foxes, whitetail deer, rabbits, raccoons, frogs salamanders, and snakes have been noted following the stream restoration activities Protecting the conservation easement through fencing has also reduced the impacts from constant cattle encroachment The extensive buffers at LWOC also provide a large filnatton zone foi pollutants entering the site such as silt and fecal matter Despite previous intrusions from cattle the newly installed barbed wire fence system is proving to be an effective barrier to the cattle Since LWOC has met its stated goals for the monitoring period, the project is submitted for regulatory closure Contingencies Thete are no contingencies proposed for Little White Oak Stream Restoration Project Page 18 of 27 Page 19 of 27 Page 20 of 27 APPENDIX A — Watershed Planning Little White Oak Creek is not located in a Targeted Local Watershed. Page 21 of 27 APPENDIX B — Landownership 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/92534 LittleWhiteOakCreek.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. Page 22 of 27 Site Protection Deed Book & Acreage Grantor County Instrument Page Number protected Jacquelyn H. Walker, Conservation 348/1747, widowed Polk Easement 364/1124 50.08 http: / /www.nceep.net/GIS DATA/92534 LittleWhiteOakCreek.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. Page 22 of 27 APPENDIX C — Jurisdictional Determinations and Permits U.S. ARMY CORPS OF ENGINEERS WILMA]GTON DISTRICT Action ID 2007 -02475 County Polk USGS Quad Mills Slingg GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent Mulkey, Inc Address 6750 Tryon Road Cary, North Carolina 27511 Telephone No 919 -858 -1833 Size and location of property (water body, road name /number, town, etc ) The site is located alone NC Hwy 9 South, southeast of Mill Sprints, Polk County, North Carolina Descnphon of projects area and activity This permit authorizes the discharge of fill for the restoration of Little White Oak Creek South Branch little White Oak Creek, and unnamed = tributaries. Impacts to stream channels authorized by this permit are 16578.3 linear feet. �Apphcable 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 2277 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide and Special conditions, those conditions outlined in the enclosed NCWRC letter dated May 8, 2007 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 actiop Please reference attached special conditions This verification is valid until the NWP is modified, reissued, or revoked All of the exrstmg NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012 It is incumbent upon you to remain unformed 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 N WP to complete the activity under the present terms and conditions of this nationwide permit [f pnor to the expraton date identified below, the nationwide permit authorization is reissued and/or modified, this venfication will remain valid until the expiration date identi fied below, provided it complies with all new and/or modified terms and conditions The District Engineer may, at anytime, exercise his discretionary authority to modify, suspend, or revoke a case specific activity s authorization under and N WP 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 counues 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 peimittee of the responsibility to obtain any other required Federal, State or local approvaWpermtis If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Liz Hair at 828 -271- 7980 x232 Corps Regulatory Official Liz Hai Date May 15, 2007 Expiration Date of Verification May 15, 2009 Page 23 of 27 APPENDIX C — Jurisdictional Determinations and Permits Special Conditons- 1 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 penod between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps 2 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) 3 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 a "Outstanding Resource Water`s" (ORW) and "High Quality Waters" (HQW) (as designated by the North Carolina Environmental Management Commission) 4 For all NWPs that allow for the use o£nprap material for bank stabilization, the followin ¢ measures shall be annlied 1 filter cloth must be placed underneath the nprap as an additional requirement of its use in North Carolina waters 2 The placement of nprap shall be limited to the areas depicted on submitted workplan drawings 3 The nprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 4 It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions 5 The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete 5 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 Page 24 of 27 APPENDIX C — Jurisdictional Determinations and Permits �pF VdArF9O ":,h elF Easley Grin r G W1112m6 Ross Jr Settetary rNarlli Carolina Department of Environment and Natural Reo uiec > y O T Alen W Khmer PE Duectar Division of water Quahts May 7, 2007 DWQ Project # 2007 -0623 Polk County Ecosystem Enhancement Program Department of Environment and Natural Resources 1652 Mall Semee Center Raleigh, NC, 27699 -1652 Subject Property Little White Oak Stream Restoration Site Ut Little White Oak Creek, Class C, 94946.1 Approval of 401 Water Quality Certification To Whom it May Concern You have our approval, in accordance with the attached conditions and those listed below, to conduct mitigation activities within 16,278.3 feet of streams at the subject property, as described within your application dated April 9, 2007 and received as complete by the N C Division of Water Quality (DWQ) on May 3, 2007 After reviewing your application, we have decided that the impacts are covered by General Water Quality Cemfication Number(s) 3626 (GC3626) The Certificanon(s) allows you to use Nationwide Permlt(s) 27 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, Non - discharge, and other applicable regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depleted in your application shall expire upon expiration of the 404 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 maybe required to send us anew 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 maybe required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed In the attached certification Violations of any condition herem set forth may result in revocation of this Certification and may result in crurunal 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 shalt expire upon expiration of the 404 Permit 4010,ennghVExp= Renew P— mg Unit ,J��7r/t�hCata /{ /n /a 1650 Mail Smnee Center, Raleigh, North Carolina 27699 1650 trf " 2321 Crabtree auulc -1 Suite 250 Raleigh Kurth Carolina 27604 Phone (9 19) 1786! F.(919)733 -6893 Internal hap / /www newaterquahiy ors An Equal Oppununtt3lAlnrrial— Aehon Euplo5er - 50% Reryeledi10% Post Conni ner Pope Page 25 of 27 APPENDIX C — Jurisdictional Determinations and Permits EEP: Little White Oak Stream Restoration Site Page 2 of 2 May 7, 2007 If you do not accept any of the conditions of this Certi fication (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 1509 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -67[4. This certification and its conditions are final and binding unless you ask for a hearing. 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 in the Central Office in Raleigh at 919 -733 -1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828 - 2964500. Sincerely, A]- W. Klimek, P.E. AW[Uchk Enclosures: GC 3626 Certificate of Completion cc: Suzanne Klimek, Ecosystem Enhancement Program USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Wendee Smith, Mulkey, Inc., 6750 Tryon Road, Cary, NC, 27511 Filename: 20070623Little W hiteOak(Polk)401 Page 26 of 27 Mitigation Project Name Little White Oak Creek EEP IMS ID 92534 River Basin BROAD Cataloging Unit 03050105 APPENDIX D — Debit Ledger Applied Credit 1.5: 2.5: 5: 1: 3: 2: 5: 1: 3: 2: 5: 1: 3: 2: 5: 1: 3: 0.5: 1: 1: Ratios- 1.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 27 of 27 c c C c t p c c L E c c zy c ? w '° C y c` rt E fn m 0c c 2 a� ° H H au maq Z E _ m f! ZO w P18,290.0 `c m e c L m ` m w V R 1°m ' Z o L a om c oW z o z oe � zztr m 0 � O z O W to z Be innin Balance feet and acres NCDOT Pre -EEP Debits feet and acres): Not Applicable EEP Debits (feet and acres): USACE Action Impact Project DWQ Permits IDs Name NCDOT TIP R- 2233AA - US 221 2008 -1809 2008 - 02242 -381 Widening 5,740.00 12,550.0 Remaining Balance feet and acres 0 Page 27 of 27