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Home My WebLink About20171041 Ver 1_Mitigation Information_20211004fires August 27, 2021 Mitigation Plan Addendum Little Sebastian Mitigation Site DMS Project ID # 100027 Contract # 7187 RFP 16-006993 (Issued 9/16/2016) USACE Action ID: SAW-2017-01507 DWR Project # 2017-1041 Dear NC IRT, 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 W Loop S #300 Bellaire, TX 77401 Main: 713.520.5400 Through stream restoration, enhancement, and preservation, the Little Sebastian Site now presents 4,573.960 Cool Stream Mitigation Units (SMU) at As -Built. An additional 19.66 SMU were generated from the addition of JN7 between Final Mitigation Plan approval and construction. RES and DMS are requesting a mitigation plan addendum for this inclusion. Mitigation Plan assets: 4,554.3 SMUs As -Built assets: 4,573.960 SMUs JN7 is located east of JN3-B and has a 30-acre drainage area. Historically, this pond drained directly through the dam into JN3-B but due to the relocation of JN3-B, a channel was constructed in order to connect the pond about 150 linear feet to JN3-B's new location. The restored JN7 includes 37 linear feet within the easement with graded banks, livestakes, new bed material, and a grade control structure where its confluence on the left bank of JN3-B. The USACE non- standard buffer width calculation was re -done for the entire project to include reach JN7. Additionally, RES proposes to add a cross section during MY1 to track the vertical and lateral stability of this reach. Attached is the updated USACE non-standard buffer width calculation spreadsheet and map, credit table and a photograph of the constructed JN7. Sincerely, rlola_111�10"_ Ryan Medric I Project Manager res.us _ p-•Y Y . •• r Ztq JN7 looking upstream (01/21/2021). Table 1. Little Sebastian (ID-100027) - Mitigation Assets and Components Mitigation Existing Plan Migitation Restoration Mitigation Mitigation As -Built Project Segment Footage or Footage or Category Level Priority Level Ratio (X:1) Plan Credits Footage or Comments Acreage Acreage Acreage JN2-A 418 418 Cool P NA 10.00000 41.800 418 Livestock exclusion JN2-B 187 187 Cool El NA 1.50000 124.667 187 Buffer planting and livestock exclusion JN2-C 307 307 Cool Ell NA 2.50000 1 122.800 307 IBuffer planting and livestock exclusion; 31-foot crossing JN2-C 837 837 Cool Ell NA 2.50000 334.800 837 Buffer planting and livestock exclusion JN2-D 39 43 Cool El NA 1.50000 28.667 Channel relocation, bed and bank stabilization, crossing relocation, buffer plantings, 43 and livestock exclusion; 62-foot crossing JN2-D 150 153 Cool El NA 1.50000 102.000 Channel relocation, bed and bank stabilization, crossing relocation, buffer plantings, 153 and livestock exclusion JN3-A 350 350 Cool Ell NA 7.50000 46.667 350 Buffer planting and livestock exclusion JN3-B 900 781 Cool R 1 1.00000 781.000 Channel relocation in the natural valley, improved stream structures, buffer planting, 781 and livestock exclusion; 43-foot crossing JN3-B 224 262 Cool R 1.00000 262.000 Channel relocation, bed and bank stabilization, crossing relocation, buffer plantings, 262 and livestock exclusion Channel construction, bed and bank stabilization, buffer plantings, and livestock JN7* 0 0 Cool R 1 1.00000 0.000 37 exclusion MC1-A 469 469 Cool Ell NA 7.50000 62.533 469 Buffer planting and livestock exclusion MC1-B 717 717 Cool Ell NA 5.00000 143.400 717 Buffer planting and livestock exclusion; 41-foot utility line crossing MC1-B 260 260 Cool Ell NA 5.00000 52.000 260 Buffer planting and livestock exclusion MC1-C 545 555 Cool R 1 1.00000 555.000 Channel bed raised, improved stream structures, buffer planting, and livestock 555 exclusion MC3-A 243 243 Cool Ell NA 10.00000 24.300 243 Buffer planting and livestock exclusion MC3-B 402 402 Cool Ell NA 2.50000 160.800 402 Buffer planting and livestock exclusion; 41-foot crossing MC3-C 214 214 Cool El NA 1.50000 142.667 214 Bank stabilization, improved stream structures, buffer planting, and livestock exclusion MC3-D 395 395 Cool Ell NA 5.00000 79.000 395 Buffer planting and livestock exclusion BS1-A 205 214 Cool R 1 1.00000 214.000 Channel bed raised, improved stream structures, buffer planting, and livestock 214 exclusion BS1-B 190 175 Cool Ell NA 2.50000 70.000 175 Buffer planting and livestock exclusion BS1-C 580 541 Cool R I 1.00000 541.000 Channel bed raised, improved stream structures, buffer planting, and livestock 541 exclusion BS1-D 185 177 Cool Ell NA 2.50000 70.800 177 Buffer planting and livestock exclusion BS1-E 278 274 Cool R 1 1.00000 274.000 Channel bed raised, improved stream structures, buffer planting, and livestock 274 exclusion; 45-foot crossing BS1-E 94 94 Cool R 1.00000 94.000 Channel bed raised, improved stream structures, buffer planting, and livestock 94 exclusion 'Aoneo oetween rinal Mitigation clan ano construction Note: all crossings and utility easements have been removed from credit calculations. Project Credits Restoration Level Stream Riparian Welland Non -rip Wetland Coastal Marsh Warm Cool Cold Restoration 2758.000 Re-establishment Rehabilitation Enhancement Enhancement 1 398.000 Enhancement II 1167.100 Creation Preservation 41.800 NSBW TOTALS 14,573 960 Site Name: Little Sebastian USACE Action ID: SAW-2017-01507 NCDWR Project Number: 100027 Sponsor: RES County: Surry Minimum Required Buffer Width': 30 Mitigation Type Restoration (1:1) Enhancement 1(1.5:1) Enhancement II (2.5:1) Preservation (5:1) Other (7.5:1) Other(10:1) Custom Ratio 1 Custom Ratio 2 Custom Ratio 3 Custom Ratio 4 Custom Ratio 5 Totals Buffer Zones Max Possible Buffer (square feet)° Ideal Buffer (square feet)' Actual Buffer (square feet)s Zone Multiplier Buffer Credit Equivalent Percent of Ideal Buffer Credit Adjustment Total Baseline Credit 4364.90 Mitigation Ratio Multiplier' 1 1.5 2.5 5 7.5 10 Creditable Stream Length' 2758 Baseline Stream Credit 2758.00 398.00 759.20 109.20 66.10 274.40 597 1898 819 661 5 1372 8105.00 4364.90 Wilmington District Stream Buffer Credit Calculator Buffer Width Zone (feet from Ordinary High Water Mark) less than 15 feet >15 to 20 feet >20 to 25 feet >25 to 30 feet >30 to 50 feet >50 to 75 feet >75 to 100 feet >100 to 125 feet >125 to 150 feet 243150 81050 81050 81050 324200 405250 405250 405250 405250 251259.9716 84945.83404 84268.48997 83968.47859 332661.3116 409998.3053 410938.5896 412888.522 416141.4754 238911.5981 78050.00744 77059.85783 75986.66786 263024.2205 181861.5253 71359.96571 22068.53352 6840.761415 50% 20% 15% 15% 9% 7% 6% 5% 3% 2182.45 872.98 654.74 654.74 392.84 305.54 261.89 218.25 130.95 95% 92% 91% 90% 79% 44% 17% 5% 2% -107.26 -70.87 -56.01 -62.24 310.61 135.53 45.48 11.67 2.15 Credit Loss in Required Credit Gain for Net Change in Buffer Additional Buffer Credit from Buffers Total Credit -296.37 505.43 209.06 4573.96 'Minimum standard buffer width measured from the top of bank (50 feet in piedmont and coastal plain counties or 30 feet in mountain counties) 'Use the Custom Ratio fields to enter non-standard ratios, which are equal to the number of feet in the feet -to -credit mitigation ratio (e.g., for a perservation ratio of 8 feet to 1 credit, the multiplier would be 8 aEqual to the number of feet of stream in each Mitigation Type. If stream reaches are not creditable, they should be excluded from this measurement, even if they fall within the easement °This amount is the maximum buffer area possible based on the linear footage of stream length if channel were perfectly straight with full buffer width. This number is not used in calculations, but is provided as a reference. sMaximum potential size (in square feet) of each buffer zone measured around all creditable stream reaches, calculated using GIS, including areas outside of the easement. The inner zone (0-15') should be measured from the top of the OHWM or the edge of the average stream width if OHWM is not known. Non -creditable stream reaches within the easement should be removed prior to calculating this area wtih GIS. 6Square feet in each buffer zone, as measured by GIS, excluding non -forested areas, all other credit type (e.g., wetland, nutrient offset, buffer), easement exceptions, open water, areas failing to meet the vegetation performance standard, etc. Additional credit is given to 150 feet in buffer width, so areas within the easement that are more than 150 feet from creditable streams should not be included in this measurement. Non -creditable stream reaches within the easement should be removed priorto calculating this area wtih GIS �• . � .11,E i •� �c' l '" :-�'y�t�:�:�� i!��':r•�+.+� i+_ it 9 '� '1 r r' !� �irfpM'• .1 _+R''�,_ Lam: 11�� I'►A]r r.i ['+•' y -. � 1y Y � •'�� r ' r l fires N W E s 0 62.5 125 Feet Figure 3 -Stream Buffer Credit Adjustment Sheet A Little Sebastian Mitigation Site t Surry County, North Carolina Date: 8/13/2021 Drawn by: MDE Checked by: RTM 1 in = 125 feet Legend Conservation Easement ® Gideon Mitigation Project - Top of Bank Buffer Width Zone r -0-15ft - 16-20 ft -21-25ft 26-30 ft 31-50 ft - 51-75 ft - 76-100 ft - 101-125 ft - 126-150 ft 71. MAW j! 4 444 1 416 7 r Ifk '0�_ftmvmw fires N W�_E S 0 62.5 125 Feet f' Figure 3 -Stream Buffer Credit Adjustment Sheet D Little Sebastian Mitigation Site Surry County, North Carolina Date: 8/13/2021 Drawn by: MDE Checked by: RTM 1 in = 125 feet Legend Conservation Easement ®Gideon Mitigation Project Top of Bank Buffer Width Zone -0-15ft - 16-20 ft - 21-25 ft 26-30 ft 31-50 ft 51-75 ft - 76-100 ft - 101-125 ft j - 126-150 ft N3 I Ideal Buffers Actual Buffers ��..�. � •�'`'��. � �. .,�-� " ter- .: a _ E-1 1` - lot kc,tual Buffers N W E s 0 62.5 125 Feet Figure 3 -Stream Buffer Credit Adjustment Sheet F Little Sebastian Mitigation Site Surry County, North Carolina pp PL -_44Date: 8/13/2021 Drawn by: MDE #4 C Checked by: RTM 1 in = 125 feet Leend Conservation Easement Gideon Mitigation Project Top of Bank VC Buffer Width Zone 0-15 ft 16-20 ft 21-25 ft 26-30 ft 31-50 ft 51-75 ft 76-100 ft 101-125 ft 126-150 ft LE I WAR a 4?' F f W E kk V. " F.iIV y j yy y.r x. r .{�f �4'f � 1! -I Ik ►'4 ,j'}��1!,., '" f:iF! 1 't' r. y' rf'- {I Y• r .� ° .. A. 7q� ■� `b f ti +h• r i fir' `' 7" � ir i it I No Credit loss in the Minimum Buffer Zone Gideon and Little Sebastian Easement are contiguous in this location s 0 62.5 125 Feet Figure 3 -Stream Buffer Credit Adjustment Sheet G Little Sebastian Mitigation Site Surry County, North Carolina Date: 8/13/2021 Drawn by: MDE Checked by: RTM 1 in = 125 feet Legend Conservation Easement ® Gideon Mitigation Project Top of Bank Buffer Width Zone -0-15ft - 16-20 ft - 21-25 ft 26-30 ft 31-50 ft - 51-75 ft - 76-100 ft - 101-125 ft - 126-150 ft f , . y� -��, 1 rr1 -;.� . U Ires 1' W E S 0 62.5 125 G ' l Feet ' .. Figure 3 -Stream Buffer Credit Adjustment + Sheet H Little Sebastian ! Mitigation Site E! `' Surry County, it w North Carolina Date: 8/13/2021 Drawn by: MDE Checked by: RTM 1 in = 125 feet Legend ti T Conservation Easement x' ®Gideon Mitigation Project Top of Bank Buffer Width Zone 0-15 ft 16-20 ft `I 21-25 ft 26-30 ft 31-50 ft - 51-75 ft - 76-100 ft - 101-125 ft - 126-150 ft I A, res N W E s 0 62.5 125 Feet 41 Figure 3 -Stream Buffer Credit Adjustment Sheet I AND, V. Little Sebastian Mitigation Site CO Surry County, North Carolina Date: 8/13/2021 Drawn by: MDE Checked by: RTM 1 in - 125 feet Legend Conservation Easement Gideon Mitigation Project Top of Bank Buffer Width Zone 0-15 ft 16-20 ft 21-25 ft 26-30 ft 31-50 ft 51-75 ft 76-100 ft 101-125 ft ra 126-150 ft t IN 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-201741507 County: Surry U.S.G.S. Quad: NC- Bottom NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: RES Jeremv Schmid Address: 302 Jefferson Street, Suite 110 Raleigh, NC 28605 Telephone Number: 919-926-1473 E-mail: ischmid(a)res.us Size.(acres) 51.4 Nearest Town Dodson Nearest Waterway Mill Creels River Basin Upper Yadldn USGS HUC 03040101 Coordinates Latitude: 36.39654 Longitude:-80.8584 _ Location description: The project site Little Sebastian Mitigation site is located on hd Nixon Road, near Thurmond, North Carolina and is adjacent to and associated with SAW-2017- 01462 Gideon Mitigation site. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/27/2017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures; a permit decision made on the basis of a preliminary ID will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the alcove described project area/property, that maybe subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC §.403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is, merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlands on the above described project area/property 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. ❑ We recommend you have the waters, including wetlands on your project area/properry delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2017-01507 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. 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 no waters of the U.S., to include wetlands, present on the above described project are'a/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980 ext 4224 or W illiam. a. elliottna,usace.army. mil. C. Basis For Determination: See the PJD jurisdictional determination form dated 5/22/2018 D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1085. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional deteribinations as indicated in 13. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 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 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by DATE. * *It is not necessary to submit an RFA form to the Divisionqffice if you do not ocXo e)he ilSArdnation in this correspondence.** Corps Regulatory Official: _William Elliott Date of JD: 5/22/2018 Expiration Date of JD: NONE SAW-2017-01507 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/m�__apex/Vp=136:4:0 Copy furnished: Byron Thomas Shaw E, Mary Beth Shaw, 227 Hawthorne Road, Elkus, NC 28621 Christopher Edward Nixon & Gwyn Dobbins Nixon, Jimmy Edward Nixon & Vivian J. Life Estate, 611 EdNixon Road, Thurmond, NC 28683 Stephen & Amy Shore, 433 Ed Nixon Road, Thurmond, NC 28683 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: RES, Jeremy Schmid File Number: SAW-2017-01507 Date: 5/22/2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D' ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htt://www.usace.ann .mil/Missions/Civil Works/Re ulato Pro ramanavermits. or the Corps regulations at 33 CFR Part 33 L A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for: authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is, authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therei you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 1 this form and sending the form to the division engineer. This form must be received by the division engineer within 60 d: of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Proces completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of I date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This f must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealec by contacting the Corps district for further instruction. Also you may provide new information for further consideration by th Corps to reevaluate the JD. i SECTION H - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe you reasons for appealing the decision or your objections to an ini proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reason objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for record of the appeal conference or meeting, and any supplemental information that the review officer has determined is neede clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: j If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you ma, appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: William Elliott CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 dE notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 5/22/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: RES, Jeremy Schmid, 302 Jefferson Street, Suite 1 t0,Raleieh, NC 28605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, NCDMS OLF- Little Sebastian Mitigation Site, SAW-2017-01507 D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The project site Little Sebastian Mitigation site is located on Ed Nixon Road, near Thurmond, North Carolina and is adjacent to and associated with SAW-2017- 01462 Gideon Mitigation site. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Surry City: Dodson Center coordinates of site (lat/long in degree decimal format): Latitude: 36.39654 Longitude:-80.8584 Universal Transverse Mercator: Name of nearest water body: Mill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Z Field Determination. Date(s): February 27, 2018 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude (decimal Longitude (decimal aquatic resources in resources (i.e. which the aquatic resource Site Number degrees) degrees) review area (acreage wetland vs. non- "may be' subject and linear feet, if wetland waters) Section 404 or Sectionon ti - applicable 10/404) See Attached Table 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requester of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result; as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Map:Vicinity, USGS, NWI Soil, Existing Conditions,WOUS ® Data sheets prepared/submitted by or on behalf of the PJD requester. N Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps:_ ❑ Corps navigable waters' study:_ ❑ U.S. Geological Survey Hydrologic ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. N U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: N National wetlands inventory map(s). ❑ State/local wetland inventory map(s) ❑ FENIA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) N Photographs: NAerial (Name & Date): UNK or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter; ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. William Elliott Signature and date of Regulatory staff member completing PJD 5/22/2018 Signature and date of person requesting PJD (REQUIRED,. unless obtaining the signature is impracticable)' Districts may establish timeh unes for requester to return signed PJD forms. If the requester doesnot respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. . Site Little Sebastian Little Sebastian Gideon Gideon Gideon Gideon Little Sebastian Little Sebastian Little Sebastian Gideon Gideon Gideon Gideon Gideon Little Sebastian Reach/Wetland ID WA WB WC WD WE WF BS-I JN 2 JN-3 JN-4 JN-5 JN-6 J N-7 Mill Creek Mill Creek Latitude Longitude -80.859778 36.398586 -80.859642 36,397907 -80.855978 36.398336 -80.856767 36.396847 -80.856836 36.396359 -80.856058 36.394861 -80.851484 36.396111 -80.863542 36.399251 -80.859211 36.398372 -80.858733 36.395122 -80.857693 36.394568 -80.856718 36.396846 -80.855351 36.394343 -80.857033 36.394489 -80.861609 36.397017 Length (LF) /Area (ac) 0.42 0.48 0.01 0.04 0.36 0.42 1424 1792 1363 634 78 2024 55 1855 3146 From: Davis. Erin B To: Baker, Caroline D Subject: FW: [External] Additional Information Request for Mitigation Plan Addendum/ NCDMS Little Sebastian Mitigation Site/ SAW-2017-01507/ Surry County Date: Wednesday, November 3, 2021 8:47:41 AM Attachments: Little Sebastian 100027 MP Addendum 2021.Ddf PJD SAW-2017-01507.odf Laserfiche Upload: Email & Attachments DWR#: 20171041 v.1 Doc Type: Mitigation Information From: Browning, Kimberly D CIV USARMY CESAW (USA) [mailto: Kimberly. D.Browning@usace.army.mil] Sent: Monday, October 4, 20213:59 PM To: Wiesner, Paul <paul.wiesner@ncdenr.gov> Cc: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M CIV (USA) <Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Bowers, Todd <bowers.todd@epa.gov>; Ryan Medric <rmedric@res.us>; Bradley Breslow <bbreslow@res.us>; Daniel Ramsay <dramsay@res.us> Subject: [External] Additional Information Request for Mitigation Plan Addendum/ NCDMS Little Sebastian Mitigation Site/ SAW-2017-01507/ Surry County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reaort Spam. Hi Paul, The review period for the NCDMS Little Sebastian Mitigation Site Addendum and As -Built ended September 25, 2021. The addendum requested an upward adjustment of the project's stream assets (+19.660 Cool SMUs) for 37 linear feet of restoration on JN-7. I would like to request additional information prior to approving the addendum. The IRT has concerns regarding the addition of reach JN-7 since it was not discussed or evaluated during the August 2017 IRT site visit, and a modification request was not submitted prior to construction. The PJD completed by William Elliot on May 22, 2018 does identify reach JN-7; however, this reach is listed on the Gideon Mitigation Bank Site on the last page of the PJD (attached). Additionally, the PJD does not specify whether this reach is perennial or intermittent. The DWQ Stream Identification Forms do not contain any information on this reach either. It's difficult to assess functional uplift, and whether restoration was appropriate, without baseline information. USACE Addendum Comments, Kim Browning: 1. Were stream and wetland impacts evaluated with the addition of reach JN-7, and were they accounted for in the 404/401 permit? 2. Is JN-7 perennial or intermittent? If flow is a concern, the IRT may request a flow gauge be installed. 3. What was the condition of JN-7 prior to construction, and was the design incorporated into the final design? Were there stability issues with the channel? 4. If JN-7 serves as an outlet for the adjacent pond, are there any concerns with stability or sediment loads if the spillway fails or the dam breaches? Please provide any additional information that may be helpful for this review. Moving forward, please notify the IRT if reaches that have not been evaluated are proposed to be added. DWR MY-0 Comments, Erin Davis: 1. DWR appreciate DMS' request for crossing photos in future reports. Those photos would've been helpful for this review. 2. DWR is ok with the plant species substitutes. We were glad to see the reduction in percent green ash planted. 3. Please confirm that all areas were planted, including any supplemental/understory planting, as proposed in the approved mitigation plan. 4. DWR is ok with the extra stage recorder not being installed on BS1-C. However, when we recently visited the downstream Gideon Site we observed the presence of drift lines mid - slope up the bank but not on the floodplain. Therefore, in lieu of the stage recorder being installed along MC1-C as specified in the approved mitigation plan, DWR requests photo documentation of evidence of overbank events be provided for this reach. USACE MY-0 Comments; Casey Haywood: 1. Concur with DWR's comments. 2. It was noted that two veg plots were moved (both on JN2); however, a random plot was also added. Please reach out with any questions. Regards, Kim Kim Browning Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers