20130653 Ver 1_401 Application_20140314

MEMORANDUM:
TO: Cindy Perry
FROM: Lin Xu LX
SUBJECT: Payment of Permit Fee
401 Permit Application
DATE: March 28, 2014
Eg
MAR 9 f 2014
NR WATER QUALITY
The Ecosystem Enhancement Program is implementing a stream and wetland
restoration and enhancement project for Muddy Run II Site in Duplin County (EEP ID
No. 95354) The activities associated with this restoration project involve stream
restoration related temporary stream Impact. To conduct these activities the EEP must
submit a Pre - construction Notification (PCN) Form to the Division of Water Resources
(DWR) for review and approval. The DWR assesses a fee of $570 00 for this review
Please transfer $570 00 from Fund # 2984, Account # 535120 to DWR as
payment for this review If you have any questions concerning this matter I can be
reached at 919 - 707 -8319 Thanks for your assistance.
cc: Eric Kulz, DWR
MCDENft
North,' arohna Ecosys-emEnhancement Program, 16S2 rail Service Center, Rale =gh, IBC 27699 -16S2 /1919-715-0476 1 w-.vw.nceep.net

4•s
.rea,s.4.s
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Eric Kulz
Division of Water Resources
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 - 1650
Michael Ellison, Director John E. Skvarla, III
Ecosystem Enhancement Program Secretary
March 28, 2014
Re: Permit Application- Muddy Run II Stream & Wetland Restoration Project, Duplin County
(EEP Full Delivery Project)
Dear Mr. Kulz:
Attached for your review are two sets of copies of 401/404 permit application package and
mitigation plans for Muddy Run II stream & wetland restoration project in Duplin County. A
memo for the permit application fee is also included in the package. Please feel free to contact me
with any questions regarding this plan (919- 707 - 8319).
Thank you very much for your assistance.
Sincerely
Lin xu
Attachment: 404/401 Permit Application Package (2 originals)
Final Mitigation Plan (2 originals)
Permit Application Fee Memo
CD containing all electronic files
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 - 707 -89761 Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 3885
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes NX No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes 0 No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes X❑ No
2.
Project Information
2a.
Name of project:
Muddy Run II Stream and Wetland Mitigation Project
2b.
County:
Duplin
DIMENEL
2c.
Nearest municipality / town:
Beulaville _
2d.
Subdivision name:
MAP, -7, '
2e.
NCDOT only, T.I.P. or state project no:
STEM
3.
Owner Information F_MENT
3a.
Name(s) on Recorded Deed:
See attached Supplemental Information
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
NCDENR - North Carolina Ecosystem Enhancement Program
3d.
Street address:
217 West Jones Street, 3rd floor, Suite 3000A
3e.
City, state, zip:
Raleigh, NC 27603
3f.
Telephone no.:
919 - 707 -8543
3g.
Fax no.:
919 - 707 -8976
3h.
Email address:
Tim.Baumgartner @ncdenr.gov
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
Tim Baumgartner
4c.
Business name
(if applicable):
NCDENR Ecosystem Enhancement Program
4d.
Street address:
1652 Mail Service Center
4e.
City, state, zip:
Raleigh, NC 27699
4f.
Telephone no.:
(919) 707 -8543
4g.
Fax no.:
4h.
Email address:
Tim. Baumgartner @ncdenr.gov
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Norton Webster
5b.
Business name
(if applicable):
Environmental Banc & Exchance
5c.
Street address:
909 Capability Dr.
5d.
City, state, zip:
Raleigh, NC 27606
5e.
Telephone no.:
919) 829 -9909
5f.
Fax no.:
(919) 829 -9913
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
See attached table
1 b.
Site coordinates (in decimal degrees):
Latitude: 34.83292
Longitude: 77.778963
1c.
Property size:
37.3 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Muddy Creek
2b.
Water Quality Classification of nearest receiving water:
Csw
2c.
River basin:
Cape Fear River Basin, HUC 03030007060010
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See attached Supplemental Information
3b.
List the total estimated acreage of all existing wetlands on the
property:
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,643
3d. Explain the purpose of the proposed project:
See attached Supplemental Information
3e.
See
Describe the overall project in detail, including the type of equipment to be used:
attached Supplemental Information
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes X❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes X❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.008
1/x/2 P
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.07
1/x/3 T
Excavation
Bottomland Hardwood Forest
Yes
Corps
0.08
W4 -
Choose one
Choose one
Yes /No
W5 -
Choose one
Choose one
Yes /No
W6 -
Choose one
Choose one
Yes /No
2g. Total Wetland Impacts:
0.158
2h. Comments:
See attached Supplemental Information
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
See Attached Suppl. Info
-
S2 -
Choose one
-
-
S3 -
Choose one
S4 -
Choose one
-
-
S5 -
Choose one
_
S6 -
Choose one
-
3h. Total stream and tributary impacts
10,314
3i. Comments:
See attached Supplemental Information
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
B1
Yes /No
B2
Yes /No
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See attached Supplemental Information
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See attached Supplemental Information
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes X❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non - riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Project will not increase impervious surfaces.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
No
changes in impervious acreage proposed.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑X Yes
❑ No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑X Yes
❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
E] Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
El Yes
❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
E] Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This
is a stream and wetland restoration site that will be protected through a conservation easement and will not facilitate or deter surrounding
development.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Endangered Species database, NC Natural Heritage Program GIS database
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes Q No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Written communication with NC State Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Floodplain GIS data
Tim Baumgartner
t
qlc
Applicant /Agent's Printed Name
Date
, Applicant/Ag is Signa�r& --'
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Wguf
v �d
rLegend
NC Highway
State Roads
Streams
Muddy Run 11 Easement
Waterbody
Project Vicinity Map
Muddy Run 11 Mitigation Site
EBX -
Figure

Q
Ij `I5 � •. }� I FCMa�
- •, - - -mow k .1
Wn
41
T.
Drainage Area = 1.4 mi
nrZ
� it I { i �- -��n�• .. -- , +' _. _ _� �--h
Y'' �_ —� `� � �- 'x ki+ ' S�1 I -- ''r��' {'' '_ -_ #.. ti � i � - -� f! �,• 1 r f f r�� /� � I � , � `-,
i
� ~��- •, •'�� _ �M1��ti - � 9FA +999x- . - �, ��-- �— '�*�r. — �, � � -
— 5 '\ � , w �- -'lam •fr � - � Y+
Exhibit 2. — — Proposed Streams
USGS/Watershed Map Waterbodies
Muddy Run II Mitigation Site Muddy Run II Easement
0 1,000 2,000 4,000 Muddy Run Easement
Feet
1 inch = 2,000 feet Drainage Area

PaA` I � NB
` NbB I
Pt .MkA
LnA �
WOA
Go
AuB
/ 41
1
NbA
GOA
GOA ~ °�h NbA
1
LnA
M -W
RaA
pt� N bA
kett�E3
NbA FoA
FOA _
GOA
1
Y
Soil Symbol Name I1�
FoA Foreston loamy fine sand 0 to 2% slopes / RaA
GoA Goldsboro loamy sand, 0 - 2% slopes NbA
M -W Miscellaneous water
o ,
NbA Noboco laomy fine sand, 0 - 2% slopes GoA
RaA Rains fine sandy loam, 0 - 1 % slopes GOA
Figure 3.
NRCS Soils Map Muddy Run II Easement
Muddy Run II Mitigation Site Duplin County Soils
0 500 1,000 2,000 Parcels
Feet
1 inch = 1,000 feet

Figure 4a.
Current Conditions
Muddy Run II Mitigation Site
0 250 500 1,000
141 Feet
1 inch = 500 feet

:R... `
X WA
Reach 3a
vs , 4''
- IN Iv;
1
Existing Channels
Muddy Run II Easement
Muddy Run Easement
Existing Buffer Conditions
Wetland Restoration
Jurisdictional Wetlands -
Drained Hydric Soil
�f
,.y
O''r ~
.s
N
Rea
47— �!
r y
F�+
Riparian Buffer Conditions
Target Community
Figure 4b.
Current Conditions
Muddy Run II Mitigation Site
0 250 500 1,000
1"41 Feet
1 inch = 500 feet
ricacin iviai uiai rXuacin
No Fill 1 11111111
d
Absent
CL
N
> Present
'
�tA
> Common
Figure 4b.
Current Conditions
Muddy Run II Mitigation Site
0 250 500 1,000
1"41 Feet
1 inch = 500 feet
ricacin iviai uiai rXuacin
No Fill 1 11111111

Figrue 5a.
Conceptual Design (East)
Muddy Run II Mitigation Site
250 500 1,000
Feet
1 inch = 500 feet
` 1 Muddy Run II Easement
QMuddy Run Easement
® Wetland Restoration
OO Reach Break
0 BMP Locations
Stream Crossing (Culvert)
Parcels
X----X Proposed Fencing

Figure 5b.
Conceptual Design (West)
Muddy Run II Mitigation Site
0 250 500 1,000
Feet
1 inch = 500 feet
QMuddy Run II Easement
Muddy Run Easement
Wetland Restoration
O Reach Break
0 BMP Locations
Stream Crossing (Culvert)
Parcels
X Proposed Fencing
2 ft Contours

Figrue 6a.
Stream and Wetland Impacts (East)
Muddy Run II Mitigation Site
0 250 500 1,000
Feet
1 inch = 500 feet
1 1 Muddy Run II Easement
QMuddy Run Easement
® Wetland Restoration
OO Reach Break
0 BMP Locations
Stream Crossing (Culvert)
Parcels
X----X Proposed Fencing

Figure 6b.
Stream and Wetland Impacts (West)
Muddy Run II Mitigation Site
0 250 500 1,000
Feet
1 inch = 500 feet
Muddy Run II Easement
Muddy Run Easement
Wetland Restoration
O Reach Break
0 BMP Locations
Stream Crossing (Culvert)
Parcels
X Proposed Fencing
2 ft Contours

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
A. Applicant Information
3. Owner Information
Name(s) on
Deed Book
Responsible
Telephone
PIN
Address
Fax No.
e-mail Address
Recorded Deed
& Page No.
Party
No.
PO Box 91
Futreal, Johnny
336900352864
1055@ 204
Harkers Island, NC
Adrian
28531 -0091
Hatcher, Danny Guy
336900445188,
1530@ 728;
227
& Etals
336900457397
1127@ 96
Chinquapin, NC 28521
Chi quapiHatcher 52
Holland, Thomas J.
PO Box 174
& Wife Kay D.
336900161443
960@ 757
Chinquapin, NC
Holland
28521 -0174
336900266455,
1738@ 704;
EBX -Neuse I, LLC
518 Plaza Blvd.
336900167266
1725@ 307
Kinston, NC 28501
335900965215,
1737@ 683;
EBX -Neuse I, LLC
518 Plaza Blvd.
335900966225
1737@ 683
Kinston, NC 28501
EBX -Neuse I, LLC
336900261466
1738@ 701
518 Plaza Blvd.
Kinston, NC 28501
152 Fire House Rd
Landen Farms Inc.
336900053754
846@ 418
Chinquapin, NC
28521 -8510
280 S NC 111 Hwy
Lanier, Michael
336900273089
1198@ 9
Chinquapin, NC
Carlo
28521 -8522
326 Ludie Brown Rd
Riley, PatriciaM
336900548408
1161@ 145
Chinquapin, NC
28521 -8638
Smith, Auline L
4645 S NC 50 Hwy
(Golden Acres
335900953810
908@ 765
Chinquapin, NC
Property)
28521 -8813
Smith, Auline L.
4645 S NC 50 Hwy
336900041738
656@ 471
Chinquapin, NC
Worth L. Landen
28521 -8813
Wood, Jesse David
188 S NC 111 Hwy
And Wife Mary Ann
336900178403
909@ 79
Chinquapin, NC 28521 -
18520
Wood
1
B. Project Information and Prior Project History
3. Project Description
]a. Property identification no. (tax PIN or parcel ID):
See attached above table -Owner Information
Page 1 of 6

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
B. Project Information and Prior Project History
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The Muddy Run II Stream and Wetland Mitigation Project is located within an agricultural watershed in Duplin
County, North Carolina, approximately 6 miles south of Beulaville (Figure 1). This project lies within USGS
Hydrologic Unit Code 03030007060010 (USGS, 1998) and within the North Carolina Division of Water Quality
(NCDWQ) Cape Fear River Subbasin 03 -06 -22 (NCDENR, 2002).
The Muddy Run II project consists of six unnamed tributaries to Muddy Creek, but the project has been divided into
nine distinct reaches for design purposes. Reach 1 is one of the upstream -most portions of the project; it begins on
the edge of an existing agricultural field and extends to STA 04 +45. Similarly, Reach 2 is one of the upper -most
portions of the stream project. It begins in a disturbed forest corridor between several agricultural fields and extends
to STA 18 +73. Reach 3a -I starts at the confluence of Reaches I and 2 (STA 00 +00) and flows north north -west for
730 linear feet. Reach 3a -2 flows through a disturbed hardwood buffer and several agricultural fields before being
partially diverted to enter Reach 3b near STA 37 +36. Reach 3b flows to the north and west where it flows into
Reach 3c at STA 56 +78. Reach 3c flows through a pine plantation to STA 64 +15, where it flows into Reach 3 of the
Muddy Run project. Reach 4 is a perennial channel that flows through a forested area from a ditch draining an
agricultural field. Reach 4 flows into Reach 3 A at STA 18 +36. Reach 5a consists of the main stem beginning at STA
00 +00 where it adjoins with Reach IC of the Muddy Run project. Reach 5a flows north and flows into Reach 5b at
STA 18 +04. Reach 5b is the most downstream reach of the project, ending at the right -of -way for State Highway 41.
Reach 6 begins in a forested area south of Reach 5 and flows in a northerly direction to the confluence with Reach
5a near STA 8 +70. Two areas containing drained hydric soil were identified for restoration, located along Reach 3b
and Reach 5a.
The site consists of farmland, concentrated animal feeding operations (CAFO), and wooded areas. The total
easement area is 37.6 5acres, 20.6 acres of which are wooded. The remaining area is agricultural or clear -cut. The
wooded areas along the corridor designated for restoration are classified as disturbed deciduous forest, and invasive
species are prevalent throughout. Several ditches exist throughout the project and flow into the main channel. Each
ditch contributes to the overall design discharge of the channel. All existing channels are degraded to a point where
they no longer access their floodplain, water quality is poor, and aquatic life is not supported. Little habitat is
available to support aquatic life, and the channels are not maximizing their potential to filter nutrients because they
are entrenched.
3d. Explain the purpose of the proposed project:
The purpose of the Muddy Run II Mitigation project is to restore wetland areas and design a natural waterway
through a stream/wetland complex with appropriate cross - sectional dimension and slope that will provide function
and meet the appropriate success criteria for the existing streams. Accomplishing this objective entails the
restoration of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat. The
floodplain areas will be hydrologically reconnected to the channel to provide natural exchange and storage during
flooding events. The design will be based on reference conditions, USACE guidance ( USACE, 2005), and criteria
that are developed during this project to achieve success. Additional project objectives, such as restoring the riparian
buffer with native vegetation, ensuring hydraulic stability, and eradicating invasive species, are listed in Section I
along with several other project objectives.
Page 2 of 6

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
B. Project Information and Prior Project History
3e. Describe the overall project in detail, including the type of equipment to be used:
Natural channel design techniques have been used to develop the restoration designs described in this document.
The combination of the analog and reference reach design methods were determined to be appropriate for this
project because the watershed is rural, the causes of disturbance are known and have been abated, and there are
minimal infrastructure constraints. The original design parameters were developed from the measured
analog /reference reach data and applied to the subject stream. The parameters were then analyzed and adjusted
through an iterative process using analytical tools and numerical simulations of fluvial processes. The designs
presented in this report provide for the restoration of natural Coastal Plain sand -bed channel features and stream bed
diversity to improve benthic habitat. The proposed design will allow flows that exceed the design bankfull stage to
spread out over the floodplain, restoring a portion of the hydrology for the existing wetlands.
A large portion of the existing stream will be filled using material excavated from the restoration channel and from a
large spoil area adjacent to the western hog lagoons. However, many segments will be left partially filled to provide
habitat diversity and flood storage. Native woody material will be installed throughout the restored reach to reduce
bank stress, provide grade control, and increase habitat diversity.
Forested riparian buffers will be established along the project reaches to have widths of at least fifty feet on both
sides of the channel. An appropriate riparian plant community will be established to develop multiple strata and a
diverse mix of species. Any existing buffer areas impacted during construction will be replanted with native species.
Wetland restoration will occur adjacent to stream Reaches 3a -2 and 5a. The approach is to reconnect the floodplain
wetland to the stream fill ditches, create shallow pool habitat, rough the floodplain surface, and plant appropriate
small stream swamp vegetation.
C. Proposed Impacts Inventory
2h. Comments: (Wetland Impacts)
A wetland delineation was performed in November 2011 utilizing the Routine On -site Determination Method
( USACE, 1987). A jurisdictional determination of the wetlands has not been made by the US Army Corps of
Engineers ( USACE), but the USACE has visited the restoration site. The wetland delineation is mapped on the
Current Conditions Figure (Figure 4). Onsite wetlands include riparian wetlands along Reach 3a/Reach 4 and both
sides of Reach 3b.
Wetland I is located along Reach 3a on the right bank. The current land use is forested along the dredged channel
just downstream of Reach 4, which divides this wetland. This wetland is seasonally saturated. Hydrology is
primarily runoff that collects within a shallow depression and restricted by berms along the dredged channels. This
wetland is 0.29 acres.
Wetland 2 is located along Reach 3b on both sides of the channel. The current land use is mature forest. The stream
through this wetland is diverted from its historic flow pattern to promote drainage for agricultural production. This
wetland is seasonally saturated. Hydrology is currently due to its lower landscape position collecting runoff. Large
flood events likely inundate this wetland on a limited basis. This area may also experience limited groundwater
discharge. This wetland is 2.23 acres.
Wetland impacts associated with restoration efforts occurring adjacent to the existing wetlands (Wetlands 1, and 2)
along Reaches 3a and 3b will be minimized by the restoration plan.
Creating a new stream channel that will only impact them slightly will provide an overall increase in wetland
function with the addition of native trees and shrubs along the stream banks. Construction in these areas will also
remove the invasive species in connection with the building of the new channel. Two additional wetland restoration
areas are located on the Muddy Run II Mitigation project. These areas will total 4.92 acres of wetland restoration.
Page 3 of 6

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
3a.
3b.
3c.
3d.
3e.
3f.
3g•
Stream impact
Type of impact
Stream name
Perennial
Type of
Average
Impact
number -
(PER) or
jurisdiction
stream
length
Permanent (P) or
intermittent
(Corps - 404, 10
width
(linear
Temporary (T)
(INS?
DWQ — non-
(feet)
feet)
404, other)
S1 ®P ❑ T
(Headwater
Valley Stream
Reach 1
E] PER
®INT
El Corps
®DWQ
4.8
438
Rest.)
S2 ❑ P ®T
(Headwater
Valley Stream
Reach 2
E] PER
El Corps
7.6
504
Rest.)
®INT
®DWQ
S3 ❑ P ® T
Relocation
(Stream Rest.)
Reach 2
❑ PER
® INT
❑ Corps
® DWQ
7.6
1,223
S4 ❑ P ® T
Replace Culvert
Reach 3A -1
® PER
❑ Corps
9.2
30
Crossing
® INT
® DWQ
S5 ®P ❑ T
Relocation
(Stream Rest.)
Reach 3A -1
® PER
❑ INT
❑ Corps
® DWQ
9.2
831
S6 ❑ P ®T
Replace Culvert
Reach 3A -2
® PER
❑ Corps
12.4
30
Crossing
❑ INT
® DWQ
S7 ® P ❑ T
Relocation
Reach 4
® PER
❑ Corps
5.6
120
(Stream Rest.)
❑ INT
® DWQ
S8 ®P ❑ T
Culvert
Crossing
Reach 3C
® PER
❑ INT
❑ Corps
® DWQ
8.0
30
S9 ❑ P ®T
Stabilization
Reach 3C
® PER
❑ INT
❑ Corps
® DWQ
8.0
707
S10 ® P ❑ T
Relocation
(Stream Rest.)
Reach 5A
® PER
❑ INT
❑ Corps
® DWQ
15.0
1,582
S11 ®P ❑ T
Culvert
Crossing
Reach 5A
® PER
❑ INT
❑ Corps
® DWQ
15.0
20
S12 ❑ P ® T
Stabilization
Reach 5B
® PER
❑ INT
❑ Corps
® DWQ
15.0
401
S13 ❑ P ®T
Stabilization
Reach
❑ PER
® INT
❑ Corps
® DWQ
9.9
317
S14 ® P ❑ T
Relocation
(Flow direction)
Reach 3
® PER
❑ INT
❑ Corps
® DWQ
9.2
1,611
S15 ❑ P ®T
Relocation
(Flow direction)
Reach 3a -2
® PER
❑ INT
❑ Corps
® DWQ
12.4
2,470
3h. Total stream and tributary impacts
10,314
3i. Comments: (Stream Impacts)
Reach 1 has a drainage area of 0.11 square miles (68 acres), and flows in a northerly direction adjacent to a
cultivated field. Reach 1 is one of three proposed headwater valley restoration reaches totaling 401 linear feet. The
planform of this G -type channel is generally straight and is entrenched throughout. The current cross sectional area
is 41.9 square feet with approximate dimensions of 14.7 feet wide and 2.9 feet deep. The existing length of Reach 1
is 438 linear feet, and the dominant bed material is fine sand. The gradient of the reach is approximately 0.0043
It/ft. The reach is severely oversized and exhibits moderately unstable banks. The riparian buffer is forested along
the east bank and a sparse along the west.
Reach 2 is an oversized intermittent channel located in a disturbed, forested corridor. Reach 2 is approximately
Page 4 of 6

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
1,727 linear feet, and flows west to its confluence with Reach 1. It has a drainage area of 0.18 square miles (114
acres). Reach 2, an F -type channel, is typically 16.2 feet wide and 2.5 feet deep. Spoil piles are located adjacent to
the channel, a result of past dredging. This indicates that during channelization, the stream was dug exceedingly
deep to aid in draining the adjacent fields. The average cross sectional area is approximately 41.2 square feet. The
existing slope of Reach 2 is 0.0021 ft/ft, and the dominant bed material is fine sand.
Reach 3a -1 begins at the confluence of Reaches 1 and 2 and flows northwest and ends at approximate STA 8 +31.
Reach 3a -1 has a drainage area of 0.36 square miles (227 acres) and has a width and depth of 15.4 feet and 1.4 feet,
respectively. The existing cross - sectional area is approximately 22.2 square feet. The existing slope is 0. 00 16 ft/ft
and has little to no buffer on either side of the channel. This reach is classified as a F5 stream type and has an
existing length of 831 linear feet. Reach 3a -1 is an incised, excavated, perennial channel with a disturbed hardwood
buffer. The banks are moderately unstable and lack mature hardwood vegetation. Approximately 730 linear feet of
Priority 1 restoration is proposed on Reach 3a -1.
Reach 3a -2 is very similar to Reach3a -1 in morphological parameters and existing conditions. Reach 3a -2 begins at
Sta. 9 +96 and runs to 37 +36. Approximately 2,710 linear feet of Priority 1 restoration is proposed along Reach 3a-
2. This stream reach has an existing length of 2,470 linear feet. Two stream crossings are proposed along Reach 3a-
2 as well as Wetland Restoration area WA.
Reach 3b was diverted from its historic flow pattern to promote drainage for agricultural production. The reach
currently flows to the north and east across a natural divide (Ludie Brown Road) and into an unnamed tributary of
Muddy Creek. LiDAR mapping, historic aerial photography, landowner interviews, and on -site survey confirm the
historic flow pattern was to the west and eventually flowed into the Muddy Run I project. The proposed alignment
for Reach 3b begins behind a CAFO (existing STA 33 +75), and flows southwest where it follows along a relic flow
path to Reach 3c (STA 47 +78). Reach 3b has a proposed drainage area of 0.52 square miles (333 acres), and the
relic channel features exhibit a width and depth of 5.6 feet and 0.7 feet, respectively. The existing cross - sectional
area is approximately 2.5 square feet with a slope of 0.0023 ft/ft. The riparian buffer is well - established with a mix
of pines and hardwoods. This reach is classified as a C5 stream type and has an existing length of 464 linear feet.
Reach 3c is an incised but stable channel through a pine plantation with a mature hardwood component on the
channel banks and top of bank. The channel is stable and mendering within its banks. Reach 3c is approximately
737 linear feet, and flows south to the Muddy Run Site. It has a drainage area of 0.58 square miles (370 acres).
Reach 3c, an F -type channel, is typically 16.7 feet wide and 2.2 feet deep. The average cross sectional area is
approximately 36.5 square feet. The existing slope of Reach 3c is 0.0022 ft/ft, and the dominant bed material is fine
sand.
Reach 4 is a small, stable, perennial channel. The channel was likely dredged and straightened historically, but is
stable and slightly oversized. The buffer and channel banks include mature hardwood vegetation. Reach 4 is
approximately 120 linear feet, and flows southwest to Reach 3a. It has a drainage area of 0.07 square miles (46
acres). Reach 4, a G -type channel, is typically 11.0 feet wide and 1.6 feet deep. The average cross sectional area is
approximately 17.0 square feet. The existing slope of Reach 4 is 0.0034 ft/ft, and the dominant bed material is fine
sand.
Reach 5a is an oversized perennial channel. Banks are moderately unstable and bedform diversity is low. Bank
vegetation to the south includes some hardwoods and invasive species, while the buffer to the north is an active
agricultual field. Reach 5a is approximately 1,602 linear feet, and flows northwest to Reach 5b. It has a drainage
area of 1.21 square miles (774 acres). Reach 5a, a G -type channel, is typically 18.4 feet wide and 2.6 feet deep. The
average cross sectional area is approximately 47.8 square feet. The existing slope of Reach 5a is 0.0024 ft/ft, and the
dominant bed material is fine sand.
Reach 5b is the downstream -most reach on Muddy Run II, and also conveys all flow from the Muddy Run project.
This perennial channel is incised, and has moderately unstable banks. The active channel is meandering within the
oversized, dredged channel. Reach 5b is approximately 401 linear feet, and flows northwest to Highway 41. It has a
drainage area of 1.42 square miles (908 acres). Reach 5b, a G -type channel, is typically 17.0 feet wide and 2.9 feet
deep. The average cross sectional area is approximately 49.3 square feet. The existing slope of Reach 5b is 0.0015
Page 5 of 6

Supplemental Information for Pre - Construction Notification (PCN) Form
Muddy Run II Stream and Wetland Mitigation Project
ft/ft, and the dominant bed material is fine sand.
Reach 6 is a greatly oversized intermittent channel located within a forested corridor. Reach 6 is approximately 317
linear feet, flows north to its confluence with Reach 5a, and has a drainage area of 0.12 square miles (77 acres).
Reach 6, a G -type channel, is typically 13.0 feet wide and 3.2 feet deep. Spoil piles are located adjacent to the
channel along both banks, a result of past dredging. This indicates that during channelization, the stream was dug
exceedingly deep to aid in draining the adjacent agricultural land. The average cross sectional area is approximately
42.3 square feet. The existing slope of Reach 6 is 0.0024 ft/ft, and the dominant bed material is fine sand.
In general, the streams do not function to their full potential. Having been channelized in the past and ditched to
drain nearby wetlands for row crops, the streams do not access their floodplains as often as they naturally would
have prior to the farm operations. In some cases, the streams are not hydraulically stable, causing erosion and
undercutting of the banks. Habitat along the restoration reaches is poor in that there is no debris in the upper
portions of the reach for fish cover or protection for other aquatic species. Vegetative diversity and habitat diversity
is poor along the reaches, and offers no benefit to the wildlife in the area.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
]a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were
considered when designing the Muddy Run II project. This project should uplift the ecological quality of streams
and wetlands on site. The existing channel length for Muddy Run II is 8,643 LF with four stream crossings. The
proposed project will result in 10,937 LF of stream with seven crossings. (See table below).
Reach
Existing length
Proposed length
Muddy Run II Reach 1 (HWV
438
401
Muddy Run II Reach 2 (HWV)
504
504
Muddy Run II Reach 2 (PI Rest.)
1,223
1,369
Muddy Run II Reach 3a -I
831
730
Muddy Run II Reach 3a -2
2,470
2,710
Muddy Run II Reach 3b
NA
1,852
Muddy Run II Reach 3c
737
707
Muddy Run II Reach 4
120
172
Muddy Run II Reach 5a
1,602
1,774
Muddy Run II Reach 5b
401
401
Muddy Run II Reach 6
317
317
Total
8,643
10,937
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques.
Impacts are minimized using a staged construction approach Where possible the channel will be constructed prior to
turning stream flow into a segment. This approach allows minimization of the impact of each stage during the
project construction. Additionally all work in wetlands and streams will be conducted during dry conditions and/or
with mats to protect soil structure. Efforts will be made to preserve individual high value trees located within the
stream restoration area.
F. Supplementary Information
Page 6 of 6

r -11*-
-�J
os stem
E'n arement
PROGRAM
September 19, 2012
Mr. Daniel Ingram
W. K. Dickson & Co., Inc.
720 Corporate Center Drive
Raleigh, NC 27607
Subject: Categorical Exclusion
Muddy Run II Stream and Wetland Project
Cape Fear River Basin — CU# 03030007
Duplin County, North Carolina
Contract No. 004632, RFP No. 16- 004101
Dear Mr. Ingram:
Attached please find the approved Categorical Exclusion form for the subject full delivery
project. Please include a copy of the approval form in your Mitigation Plan. I have
recommended payment of your invoice in the amount of $127,700.00 for completion of the Task
1 deliverable.
If you have any questions, or wish to discuss this matter further, please contact me at any time.
I can be reached at (910) 796 -7475, or email me at kristin.miguez(a)-ncdenr.gov.
Sincerely,
Kristin E. Miguez, Project Manager
cc: Martin Hovis, EBX
Donnie Brew, FHWA
file
P"t- oriKg... ... ProtEGt, 01tr Stag NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -715 -0476 / www.nceep.net

Appendix A
Categorical Exclusion Farm for Ecosystem Enhancement
Program Projects
Version 1.4
Note: Only Appendix A should to be submWed (along with any supporting documntationj as the
environmental document.
Information Part 1. General Project
f G�BCt Name: Muddy Mn II W198tidh Pruied
ourlt Name: Ouplin l
EEP Number:
Project Sponsor: Envlronmenlaf Bane & Exchange. LL
Project Contact Name- Noftn Webstar
Pro ect ContaaAddress, 909 Capability oriwe, Bute 3100. Ralekp. NC 27606
Project Contact E -mail: r1rW.n@F;f3XUSA.cUm
EEP Project Mana er:
Project f
Thr rn!6P,-L1i0rk PrOjM-t Al thr- ,11ud & RLin 11 Situ will i.rr'[ol.'e reStikF kt] {t1ti {}I [ElC �7Lw9S7rIC Crtan {ji #]�,L1 {ft C +s,lwt.41
plain small stream gwAmps. Striwm bufftk-, ihra,ughenit the pro ect aura mrill he rc�141rcxl And pr )tested in
prrpLruiit'- Pri Oritt I XVe1 I Msuoraiion iS lM,J)c,gt.tj on threc reaches, E071 Lw pr0134 rSrcl
{}fl tl3rcv. reaches, r nhanccmcnL I I is pY4gx }tied on one riaclt, and prFxCrvanon is proposed can nvo rcachcs.
'l1iis Will TCS'U L in era lugin,rl hpiprovvmt:nts, including ir,aNio re%tomrinn and a decrease in g1t,11-point Source
tx)lhirion From zgficukurni pcictices entering, MULILIV
Reviewed By:
Date l EEP Prof 0t ger
Conditional Approved By:
Date —~ - - -- For Division Administrator
P'!- WA
❑ Check this box if there are outstanding issues
Final Approval By:
3
Date For division Administrator
F HWA
6 Version 1 -4, 8118 }05

MEMORANDUM:
TO: Cindy Perry
FROM: Lin Xu LX
SUBJECT: Payment of Permit Fee
401 Permit Application
DATE: March 28, 2014
The Ecosystem Enhancement Program is implementing a stream and wetland
restoration and enhancement project for Muddy Run II Site in Duplin County (EEP ID
No. 95354). The activities associated with this restoration project involve stream
restoration related temporary stream impact. To conduct these activities the EEP must
submit a Pre - construction Notification (PCN) Form to the Division of Water Resources
(DWR) for review and approval. The DWR assesses a fee of $570.00 for this review.
Please transfer $570.00 from Fund # 2984, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919 - 707 -8319. Thanks for your assistance.
cc: Eric Kulz, DWR
Awl
-_. - E
North Carolina Ecosystem Enhancement Program, 165f 'Mail 5eNice Center, Raleigh, NC 27699 -1652 f 919-715-0476 / www.nceep.net

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF 21 March, 2014
Regulatory Division
Re: NCIRT Review and USACE Approval of the Muddy Run 11 Plan ADDENDUM; SAW 2012 - 01387;
EEP IMS #95354
Mr. Tim Baumgartner
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Ecosystem Enhancement Program
(NCEEP) with all comments generated by the North Carolina Interagency Review Team ( NCIRT)
during the 30 -day comment period for the Muddy Run II Plan ADDENDUM, which closed on 22
February, 2014. These comments are attached for your review.
Based on our review of these comments, we have determined that no major concerns have been
identified with the Mitigation Plan ADDENDUM.
The Final Mitigation Plan and ADDENDUM is to be submitted with the Preconstruction Notification
(PCN) Application for Nationwide permit approval of the project along with a copy of this letter and a
summation of the addressed comments. If it is determined that the project does not require a
Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a
copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning
construction of the project. Please note that this approval does not preclude the inclusion of permit
conditions in the permit authorization for the project, particularly if issues mentioned above are not
satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but
this does not guarantee that the project will generate the requested amount of mitigation credit. As you
are aware, unforeseen issues may arise during construction or monitoring of the project that may require
maintenance or reconstruction that may lead to reduced credit.

Thank you for your attention to this matter, and if you have any questions regarding this letter,
the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919-
846 -2564.
Sincerely,
Digitally signed by
CRUMBLEY.TYLER.AUTRY.
(y Date:2 14.0
Date: 2014.03.21 09:52:08
- 04'00'
Tyler Crumbley
Regulatory Specialist
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
CESAW- RG/Wicker
CESAW- RG- LBeter
NCEEP /Kristin Miguez

REPLY TO
ATTENTION OF
CESAW -RG /Crumbley
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
MEMORANDUM FOR RECORD
3 March, 2014
SUBJECT: Muddy Run II Plan ADDENDUM- NCIRT Comments During 30 -day Mitigation Plan
Review
PURPOSE: The comments listed below were posted to the NCEEP Mitigation Plan Review Portal
during the 30 -day comment period in accordance with Section 332.8(8) of the 2008 Mitigation
Rule.
NCEEP Project Name: Muddy Run II Plan ADDENDUM, Duplin County, NC
USACE AID #: SAW- 2012 -01387
NCEEP #: 95354
30 -Day Comment Deadline: 22 February, 2014
1. Eric Kulz, NCDWR, 19 February, 2014:
• We have reviewed the addendum and have no issues with the proposed revisions to
the original plan.
/s/
Tyler Crumbley
Regulatory Specialist,
Regulatory Division
Digitally signed by
CRUMBLEY.TYLER.A
UTRY.1007509975
Date: 2014.03.21
09:52:31 - 04'00'

M E M O R A N D U M
lftwl<
WDICKSON
community infrastructure consultants
720 Corporate Center Drive Raleigh, North Carolina 27607 919.782.0495 tel. [phone] fax
TO: NCEEP
FROM: Frasier Mullen, WKD
DATE: August 22, 2013
RE: NCIRT Review and USACE Approval of the Muddy Run II Draft
Mitigation Plan; SAW 2012 - 01387; EEP # 95354
Listed below are the comments provided by the NCIRT to NCEEP on August 12, 2013 regarding the
Muddy Run II Stream and Wetland Restoration Project: Mitigation Plan and WKD's responses.
1. Eric Kulz; NCDWQ, 22 July, 2013:
• The plans for the project show a number of ditches that enter the conservation easement.
According to the plans, flow from these ditches will be converted to diffuse flow through
the use of earthen level spreaders. The plans show for live stakes to be installed on the level
spreaders. Earthen level spreaders have been show repeatedly to fail, even with
maintenance. The DWQ BMP Manual has discontinued including earthen level spreaders as
approved stormwater structures. In addition, the proposal to install live stakes will result in
concentrated flow as water will flow around the stems of the trees, likely increasing the
erosion of the downstream face of the level spreader. Can the ditches instead be directed
into wetland floodplain pools as on other EEP projects?
Level spreaders are not a component of the diffuse flow structures. Where the structures are
proposed, minor floodplain grading will be performed such that existing ditches outlet into a fat,
fanned out area on the floodplain within the proposed easement. Existing ditches will be tied into the
proposed channel where existing andproposed elevations will not allow for the installation of diffuse
flow structures due to hydrologic trespass. See Sheet 44 for the revised diffuse flow structure detail.
2. T. Crumbles; USACE, 24 July, 2013:
• As discussed during the field visit on 5 September, 2012, please ensure that all filled ditches
be plugged and compacted to prevent scour and settling.
Design plans show that abandoned ditches are to be filled and plugged per details on Sheet 42.
• Also per the field discussion on 5 Sep 12, there is a concern by members of the IRT of possible
tree mortality on Reaches 1, 2, and 3 due to the plugging of the ditches and the additional
water within the reaches and adjoining forested lands.

Vegetation along these reaches will be assessed during annual monitoring activities. If tree mortality
affects 40% or greater of the canopy (visual estimation), then a remedial /supplemental planting plan
will be developed and implemented. Text added to Section 10.7 Vegetative Success Criteria on pg.
75.
• In general, the USACE does not support relocation of streams into areas that were not
historically stream channels and is concerned over the amount of grading and excavation in
the Goldsboro soil on reaches 3a and 3b across the upland ridge to the west. The proposed
channel must maintain sufficient flow through this area to remain jurisdictional and become
a higher functioning system. The work proposed shall in no way reflect a guarantee of credit
generation if the performance standards and success criteria are not met throughout the
monitoring period. Additionally, effects from the dewatering of the current features must
be considered in the final mitigation plan and the subsequent application.
Text added to Section 7.2.1, pg50. Approximately 1, 611 IF of the existing ditch flowing to the north
at the Reach 3a /3b diversion structure will be impacted (dewatered). This length includes the ditch
from the diversion structure down to where it enters the Muddy Creek floodplain. The NWP includes
this anticipated impact to the existing channel.
• Pg. 54, 7.2.1 provides a reference to proposed "macro- topography' features. Please ensure
that these features end up vegetated and do not result in ponded areas with open water
dominating.
Revised text on pg. 54 to include maximum depth of wetland depressions. All wetland areas are to be
planted per the planting plan on Sheets 35 37. The macro- topography features (wetland
depressions) are to be constructed with a maximum depth of 6 inches and are not designed to be
permanent pools. It is anticipated that open water will only be present after rainfall events due to
overbank flows, and that open water areas will not be dominant.
• Reach 3c currently flows through or adjacent to, existing jurisdictional wetlands. Please
provide a discussion on the impacts to and protection measures for existing wetlands (high
visibility fencing, avoidance). Impacts to existing wetlands need to be accounted for in the
final mit plan and ensuing NWP application, including explanations on how the
impacts /losses will be replaced.
Construction notes on Sheet 40 state "EXISTING WETLANDS CANNOT BE ENCROACHED UPON
UNDER ANY CIRCUMSTANCES IF NOT APPROVED AS DESIGNATED IMPACT AREAS. HIGH
VISIBILITY FENCING MUST BE PLACED AROUND ALL EXISTING WETLANDS THAT ARE
LOCATED ADJACENT TO CONSTRUCTION ACTIVITIES AND /OR ARE LOCATED WITHIN THE
PROPOSED CONSERVATION EASEMENT. "
The NWP includes all anticipated impacts to existing wetlands. The total wetland impacts are 0.078
ac for channel construction (permanent) and 0.080 acres for construction access (temporary).
Permanent wetland impacts have been avoided to the extent possible and are offset by restored
hydrology and appropriate watershed flow patterns.