20181033 Ver 1_Mitigation Remediation Plans_20211123

LMG
LAND MANAGEMENT GROUP
a DAVEY# company
November 16, 2021
Ms. Kim Browning
United States Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Owen Farms (SAW-2018-01165) Repair Plans
Ms. Browning,
HDR, Inc. (HDR) has contracted Davey Resource Group, Inc. d/b/a Land
Management Group (LMG) to provide monitoring services for the Owen Farms
Mitigation Site (Site). The purpose of this letter is to inform you of recent flood
damage observed at the Site and describe our plan for corrective action. The Site
experienced an approximately 200-year storm event between August 15-17. On -
site rain data recorded 16.70 inches of rain over less than a 72-hour period, with
6.07 inches falling within 3 hours on August 16. Monthly precipitation totals
recorded at the site are attached.
Items that we believe will require remedial action were noted during a site analysis
following the floods of August 15-17. Remedial action items on West Fork of the
French Broad River include addressing floodplain scour in several areas, localized
erosion of two banks, and formation of a transverse bar near the upstream
beginning of restoration. LMG used a drone to capture aerial imagery of the Site
on September 29, 2021. Figure 1 (attached) depicts areas noted above overlain on
the aerial image. Additionally, a photo log is attached that provides representative
photos of the noted areas.
LMG has developed a repair plan for the Site. Standard construction equipment
will be used to repair noted areas (i.e. excavator and off -road hauler). Scoured
areas in the floodplain will be filled with on -site material excavated from adjacent
terrace slopes. Excess cobble and gravel material from the noted transverse bar
between stations 10+50 and 11+50 will be removed and placed along the channel
toe of repaired stream banks. Noted eroded stream banks will be graded to
approximate design dimensions and matted with coir fiber matting. Approximately
50 linear feet of soil lifts will be installed between stations 18+60 and 19+10.
Overall, approximately 100 linear feet of stream bank grading and 100 linear feet
of substrate removal is anticipated as a result of repair activities. Disturbed areas
will be seeded with a permanent, native seed mix and replanted with native species
1
www.lmgroup.net • Phone: [phone]
3101 Poplarwood Court — Suite 120, Raleigh, NC 27604

LMG
LAND MANAGEMENT GROUP
a DAVEY# company
as approved in the Mitigation Plan. A temporary seed mix consisting of rye (grass
and/or grain) will also be applied to disturbed areas.
Repair work will be conducted under the existing Nationwide Permit 27 and
Erosion Control Permit for the Site. The Nationwide Permit 27 (and associated 401
Certification, DWR #18-1033) was issued on March 30, 2020 and expires March
18, 2022. The Erosion Control Permit was issued June 5, 2020 and expires June 5,
2023. Repair work is anticipated to begin by December 10 and be completed by
December 31, 2021. Planting will be completed by March 31, 2022. LMG has
spoken with the North Carolina Wildlife Resources Commission (WRC, Andrea
Leslie) regarding the trout moratorium that is currently in effect at the Site. LMG
will submit a written request for a waiver of the trout moratorium for purposes of
completing repair work at the Site. A copy of this letter will be provided to WRC
and will be included in the Year 1 Monitoring Report.
Should you have any questions or concerns, please call me at 919.588.9663 or you
can reach me via email at [e-mail].
Thank you,
Ben Furr, PWS
Land Management Group
Cc: Jessica Tisdale (HDR)
Paul Wiesner (NCDMS)
Andrea Leslie (NCWRC)
Todd Tugwell (USAGE)
Erin Davis (NCDWR)
Casey Haywood (USAGE)
2
www.lmgroup.net • Phone: [phone]
3101 Poplarwood Court — Suite 120, Raleigh, NC 27604

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Owen Farms Mitigation Site
Photographic Documentation
Repair Areas
Looking downstream at stump to be removed on left bank near Station 10+75.
Looking downstream at eroded right bank near station 11+00.

Owen Farms Mitigation Site
Photographic Documentation
Repair Areas
Looking upstream at excess material deposited in channel, creating transverse bar near Station 11+25.
Looking upstream at scour in the right floodplain near Station 13+00.
2

Owen Farms Mitigation Site
Photographic Documentation
Repair Areas
Looking downstream at scour hole in right floodplain near Station 15+50.
Looking downstream at scour in left floodplain near station 17+50.

Owen Farms Mitigation Site
Photographic Documentation
Repair Areas
Looking at eroded right bank near station 18+75.
Looking upstream at scour in the right floodplain near station 25+75.

Owen Farms Mitigation Site
MUM
Photographic Documentation
Repair Areas
Looking downstream at scour in the left floodplain near station 28+50
9

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2018-01165 County: Transylvania U.S.G.S. Quad: Lake Toxawav
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:NC Division of Mitigation Service Permittee: HDR Engineering
Attn: Mr. Tim Baumgartner Attn: Vickie Miller
Address: 217 West Jones Street, Suite 3000A Address:555 Fayetteville St., Suite 900
Raleigh, North Carolina 27603 Raleigh, NC 27601
Telephone:[phone] Telephone:[phone]
Size (acres) 122.9 acres Nearest Town Lake Toxawav
Nearest Waterway West Fork French Broad River River Basin Upper French Broad
USGS HUC 06010105 Coordinates Latitude: 35.1835 ON Longitude:-82.9438 °W
Location description: The NCDMS Owen Farms Mitigation Site located at 8049 Silverstein Road
(NC Highway 281), south of the intersection of Silverstein Road and Allen McCall Road, in
Toxawav, Transylvania County, North Carolina. PIN: 8524-24-1875.
Description of projects area and activity: The co -applicants, NCDMS and HDR Engineering, have
requested a Department of the Army permit authorization to discharge dredged and/or fill
material into waters of the United States associated with the NCDMS Owen Farms Mitigation
Site. Implementation of the proposed restoration and enhancement activities will result in the
discharge of fill material into 3,401 linear feet of stream channel, and 0.159 acres of wetlands
associated with mechanized land clearing, excavation, placement of fill material, and stream
relocation activities for the mitigation site. Compensatory mitigation is NOT required in
conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed
summary of impacts
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 —
Aquatic Habitat Restoration, Enhancement, and Establishment Activities
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated February 23, 2020. Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order, a
Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or
regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date
identified below, the nationwide and/or regional general permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the nationwide and/or

SAW-2018-01165
regional general permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide and/or regional general permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or
revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water
Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-
6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Kimberly Browning, 919.554.4884 x60.
Corps Regulatory Official:
Expiration Date of Verification: March 18, 2022
Date: March 30, 2020

SAW-2018-01165
Table 1. Authorized discharge of fill material into waters of the United States in association with the
NCDMS Owen Farms Mitigation Site (SAW-2018-01166).
Fill
Fill
Regulated Discharge
Impact
Classification
Length of
acreage
Duration of
of Fill Material
Number
Stream
wetland
Fill Material
Activity
(If)
(ac)
S1 RFF
River/Stream
Permanent
Ecological Restoration
2371
S3/UT1
River/Stream
Permanent
Ecological Restoration
18
Permanent
S4/UT2A
River/Stream
Ecological Restoration
18
River/Stream
Permanent
Ecological Restoration
S5/UT3
25
River/Stream
Permanent
Ecological Restoration
S6/UT4A
72
River/Stream
Permanent
Ecological Restoration
S7/UT5
419
River/Stream
Permanent
Ecological Restoration
S8/UT6
68
River/Stream
Permanent
Ecological Restoration
S9/UT7
373
River/Stream
Permanent
Ecological Restoration
S10/UT8
37
TOTAL STREAM
IMPACTS
3401
W3
Riverine Swamp
0.13
Permanent
Ecological Restoration
Forest
W5A
Headwater Wetland
0.006
Permanent
Ecological Restoration
W513
Headwater Wetland
0.003
Permanent
Ecological Restoration
W8
Headwater Wetland
0.02
Permanent
Ecological Restoration
TOTAL WETLAND
0.159
IMPACTS
Regulated Discharge of Fill Material Activity for all impacts: Ecological Restoration.
Impacts are associated with aquatic resource restoration and enhancement activities and are
expected to result in a net gain in Waters of the US.

SAW-2018-01165
SPECIAL CONDITIONS
1. The permittee understands and agrees that the document entitled "Mitigation Plan —
Owen Farms Mitigation Site" dated January 31, 2020 is incorporated and made part of
this permit. Execution of the work and terms given in the approved mitigation plan are a
condition of this permit.
2. This Nationwide Permit verification does not imply suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site
as compensatory mitigation for a particular project will be determined during the permit
review process for that project.

SAW-2018-01165
COMPLIANCE CERTIFICATION
Action ID Number: SAW-2018-01165
Permittee: NC Division of Mitigation Services
Attn: Mr. Tim Baumgartner
Project Name: NCDMS Owen Farms Mitigation Site
Date Verification Issued: March 30, 2020
Project Manager: Kim Browning
County: Transylvania
HDR Engineering
Attn: Vickie Miller
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
Regulatory Division Mitigation Office
Attn: Kim Browning
3331 Heritage Trade Drive, Suite 105
Raleigh, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
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

From: Davis. Erin B
To: Baker. Caroline D
Subject: FW: [External] NCDMS Owen Farms Repair/ SAW-2018-01165/ Transylvania Co.
Date: Monday, November 29, 2021 7:44:17 AM
Attachments: Owen Farms Repair Plan 2021 (SAW-2018-01165).pdf
NWP27 Owen Farms SAW-2018-01165 Transvlvania Countv.odf
Laserfiche Upload: Email & Attachments
DWR#: 20181033 v.1
Doc Type: Mitigation Remediation Plans
From: Browning, Kimberly D CIV USARMY CESAW (USA)
[mailto:[e-mail]]
Sent: Tuesday, November 23, 2021 10:07 AM
To: 'Ben Furr' <[e-mail]>
Cc: Wiesner, Paul <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (US)
<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Davis, Erin B <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Wilson, Travis W. <[e-mail]>; Miller, Vickie M.
(Raleigh) <[e-mail]>; Tisdale, Jessica <[e-mail]>; Christopher
Smith <[e-mail]>; Kevin Williams <[e-mail]>; Ryan Smith
<[e-mail]>
Subject: [External] NCDMS Owen Farms Repair/ SAW-2018-01165/ Transylvania Co.
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi Ben,
The IRT reviewed the repair plan for Owen Farms, and generally agree with the proposed repair. You
may conduct the repairs under the original NWP-27 (attached). WRC will allow repair work to occur
within the trout moratorium between now and January 31, 2022. WRC will require vigilance with
regard to sediment and erosion control, in order to lessen impacts to downstream trout
reproduction and hellbender habitat. Please ensure that disturbed areas are stabilized at the end of
each work day, and flows should be diverted around instream work areas. Additionally, DWR
requests that the IRT be notified via email prior to conducting any additional repairs in 2022 beyond
seeding/planting. The IRT would like to visit Owen Farms in late summer/early fall of 2022.
The following inquiry from WRC and subsequent response from LMG is included for IRT reference.
Please include a copy of this correspondence in the next monitoring report.
WRC. Andrea Leslie: The one design question we do have is whether simply mining the material out
of the transverse bar is sufficient — is there a foundational geomorphological issue that will result in
the same deposition with the next big storm? If so, can that be addressed within the mitigation
project footprint?
LMG/HDR. Ben Furr: Thank you Andrea. In regards to your question, it was determined that settling

of fill material on the left bank had reduced channel depth at this specific location, which allowed
below bankfull discharge flows onto the left floodplain. Consequently, shear stress was reduced
through the channel cross-section in this specific location which led to excessive deposition of
sediment in the footprint of the transverse bar. The section of the left bank that settled, resulting in
a lower channel depth, will be raised during repairs to reestablish a channel cross-section that is
adequate to transport the sediment supply (i.e. it will be constructed to the original design depth).
Please let me know if you have any questions.
Thanks,
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers