UTBaldCreekCloseoutReport_20170701

UT to Bald
Creek Stream and Wetland Restoration Project
Yancey County, NC
DMS Project No. 9259
USACE Action ID# 2009-1559 l�
DWR 401 # 2009-1861
Design -Bid -Build Project
CLOSEOUT REPORT: STREAM AND WETLAND �''�J
Page 1 of 26

Watershed Planning Summary
The UT to Bald Creek restoration project is located within HUC 06010108080020, the Bald
Creek/Elk Shoal Creek watershed, which is listed as a Targeted Local Watershed (TLW) in the
2009 French Broad River Basin Restoration Priorities (RBRP) plan. The project is also located
within the Bald Creek Local Watershed Plan (LWP). The project addresses two unnamed
tributaries that are directly confluent to Bald Creek, which has been listed as 303(d) impaired for
fecal coliform by the NC Division of Water Resources (NCDWR) after the R13RP and LWP
were completed.
The 2009 RBRP indicates that the Bald Creek/Elk Shoal Creek watershed suffers from habitat
degradation, high fecal coliform bacteria and nutrient concentrations. While only 14% of land
within the watershed is used for agriculture (with most land either forested or wetland), only
58% of streams have adequately forested riparian buffers. Stream and riparian restoration,
headwater preservation, straight pipe elimination, and livestock best management practices
(BMPs) were key strategies recommended to address habitat and water quality issues in the
TLW. Additional goals for HUC 06010108 established in the 2009 French Broad RBRP include
protection and restoration of aquatic habitat, restoration of riparian buffer vegetation, and
stabilizing stream banks and restoring natural geomorphology.
The LWP was completed in January 2006. Recommended practices to address watershed
concerns included restoration or enhancement of selected stream reaches and riparian areas,
preservation of key intact headwater forests, straight -pipe elimination and upgrades to faulty
septic systems, fencing to exclude livestock from streams, and BMPs to accompany residential
development. The UT to Bald Creek project was identified as "Site H" in the LWP, and as "UT
to Bald Creek in the Rocky Knob sub -watershed of the Bald Creek watershed" in the project
atlas prepared for the LWP.
The goals of the UT to Bald Creek project are consistent with DMS watershed planning goals.
The project, with a drainage area of 0.2 square miles, reduces sediment and nutrient inputs to the
watershed by excluding livestock, which reduces direct input of nutrients and fecal coliform and
eliminates the streambank stress of hoof shear. It also restores channel geomorphology and
establishes a riparian buffer, both of which reduce sediment inputs, restore hydrology, and
improve aquatic and riparian habitat. Finally, the project preserves several high -quality forested
head water reaches along with the restored reaches within a protective conservation easement.
Proiect Setting and Background Summary
The historical land use of the watershed is likely very similar to the current land use. This
includes forest, rural residential, and agriculture. The upper reaches of the watershed are quite
steep which has limited agricultural practices to the lower gradient areas within the Project
Reach. The entire watershed has likely been logged for timber several times in the past century.
Historical aerial photographs indicate that the Project Study Area has been in agriculture for at
least the past 50 years, and surrounding land use has changed little in this time. Development
pressures upstream of the Project are relatively low, and over 10 percent of the watershed will be
permanently protected by the conservation easement. Having headwater stream containment of
several reaches in the project adds confidence in long-term benefits to downstream resources
along this unnamed tributary.
Prior to Site implementation, multiple Project reaches were impacted by agricultural activities
with minimal riparian buffer. Because of the topographic constraints of the confined valley, the
small size of the stream reaches, and the relatively undeveloped watershed, enhancement was the
most appropriate approach for much of the Project. Full stream restoration occurred only on
lower portions to repair eroding streambanks and head cuts, restore proper dimension and bed
morphology, and provide adequate flood -prone area. Relying more on enhancement techniques
also minimized impacts to existing wetlands, The majority of the wetlands are linear
stream/wetland complex -ems, thus implementation of a typical destgned stream c annel would
have altered the hydrology and impact the wetlands. Therefore, these reaches utilized joint
Page 2 of 26

stream enhancement and w tlgad&nhancemeiques to increase the quality of the entire
-------------
aquatic ecosystem.
The stream reach adjacent to cross-section 2 exhibited significant down cutting d ears 3
(2014) and 4 (2015). unn early summer 2016, a head cut was obse—rved rapidly migrating
u this area crea i ' ificant incision below it, damaging a log structure. In
October 2016, NC ei to repair the structureand return the
streambed to its evation. it�ai
ted in the Cross Section 2 plot.A
served headcut and resulting incthe lower portion of Tributary 2 was also
repaired at that time. Some down cutting was also observed at cross-section 3 during year 5
(2016); however, this was the result of an isolated high-energy flo r and it does not pose any
threat to stream stabili or . o e cuts have ee dress wi ve
ion and stream bed stabilization with Repair Area 1 consisting of 55 l.f stabilization ai
epair Area 2 consisting of 401.f stabilization. Appendix D (Additional Data) provides more
details on the location and extent of these re ciated.monitoring.
A Farm Conservation Plan was implemented in conjunction with the Project through the Yancey
County Soil and -----Water Conservation District. livestock
management practices including approximate y 2600 linear feet of exclusion fencing, ne water
supply well, four watering tanks, and two desi ated stream Gros ' / �I�%
'o�
o a monitoring contract bid/award delay and absence from the design contra t, a base
report w of produced as part of the project.
Goals and Objectives (from 2007 Restoration Plan)
GOALS
• Reducing erosion from within the Project Study Area;
• Restoring a channel that is able to properly transport watershed flows and sediment loads
efficiently;
• Improving wetland and stream aquatic habitat;
• Enhancing wildlife habitat, and
• Improving overall water quality.
OBJECTIVES
• Excluding livestock from the stream in order to:
1. Reduce direct inputs of nutrients and fecal coliform bacteria into the stream; and
2. Eliminate the stress on streambanks caused by hoof shear;
• Planting a native riparian buffer in order to:
1. Provide woody root mass to stabilize the streambanks;
2. Filter sediment and nutrient pollutants from the agricultural fields and prevent them
from
entering the stream;
3. Provide shade to the stream channel as a means of reducing water temperatures; and
4. Provide a source for woody debris and leaf litter that will enhance aquatic habitat.
• Enhance existing wetlands by excluding livestock, managing invasive species, and
planting
native wetland vegetation;
• Restoring the Project Reach to a proper bank full dimensions and stabilizing steep and
eroding
streambanks;
• Providing the Project Reach with adequate flood -prone area;
• Repairing head cuts and establishing a more diverse bed morphology with riffle -pool
sequences
supported by in -stream structures;
• Restoring an impounded reach of stream by removing a small dam and culvert;
• Creating protected riparian corridors for wildlife passage; and
• Preserving high -quality forested headwater streams in the steeper reaches of the Project.
Page 3 of 26

Success Criteria (from 2007 Restoration Plan)
Success Criterion
Measured Parameter
Criteria Met
6 permanent cross -sections (6
Streams
riffle and 6 pool); pebble counts
Yes —Site streams are
• Maintenance of a stable
(cross-section 2); 6 monitoring
stable.
stream.
reaches; and 12 permanent photo
points
Yes - Success criteria
Vegetation
vegetation plats measured using
were met in year 5 with
• Minimum of 260
the CVS Level II protocol
t
an average of 384
stems/acre in year 5.
planted stems/acre
(excluding livestakes).
Yes — Success criteria
Hydrology
were met throughout the
• Documentation of two
Documentation of bankfull events
monitoring period with a
bankfull channel events
total of 6 documented
bankfull events.
Page 4 of 26

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Page 10 of 26

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Verification of Bankfull Events
UT to Bald Stream and Wetland Restoration Site (DMS Proiect Number 92596)
Date of Data
Date of Occurrence
Method
Photo (if
Collection
available
Crest gauge observations indicated a bankfull event after
June 7, 2013
May 5, 2013
approximately 3.4 inches of rain was documented* at a
--
nearby rain station on May 5, 2013.
Crest gauge observations indicated a bankfull event after
February 10, 2015
September 7, 2014
approximately 2.04 inches of rain was documented* at a
nearby rain station on September 7, 2014 and 1.97 inches
was documented in the pxvious 4 days.
Crest gauge observations indicated a bankfull event after
February 10, 2015
October 14, 2014
approximately 2.41 inches of rain was documented* at a
--
nearby rain station on October 14, 2014.
Crest gauge observations indicated a bankfull event after
October 12, 2015
July 15, 2015
approximately 5.01 inches of rain was documented" at a
-
nearby rain station on July 13-15, 2015.
Crest gauge observations indicated a bankfull event after
October 12, 2015
September 30, 2015
approximately 2.51 inches of rain was documented** at a
nearby rain station on September 29-30, 2015.
Crest gauge observations indicated a bankfull event after
September 14, 2016
May 4, 2016
approximately 2.73 inches of rain was documented** at a
--
nearby rain station on May 4, 2016.
*Asheville Airport (Weatherunderground 2015)
**Bald Creek (CoCoRaHS 2016)
Page 16 of 26

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DMS Recommendation and Conclusion
DMS recommends that the UT to Bald Creek Site be closed out as proposed to generate 2,490.3
Stream Mitigation Units and 0.375 Wetland Mitigation Units.
The vegetation survey results indicated an average site density of 384 planted stems per acre
(excluding livestakes) surviving in year five. Site reaches are conforming to design criteria
established in the 2009 site Restoration Plan. No significant bank erosion was recorded and
geomorphic measurements are within the range of proposed design parameters. Stream areas of
concern include three areas of aggradation observed along the Mainstem and Tributary 2,
Tributary 3, and Tributary 4. The middle reach of the Mainstem, just below the pond, and the
lower reach of Tributary 2 appear to be exhibiting aggradation of fine materials, possibly due to
surface flows across the adjacent floodplain and extensive herbaceous vegetation growth within
the channel bed combined with low energy flow in the channel.
Invasive vegetation at the site has been controlled and the small head cuts have been repaired and
pose very little risk of future failure given the small drainage area and level of repair work
relative to the problem. In addition, 6 bank full events were documented throughout the course of
the monitoring period with at least one event occurring in four separate monitoring years.
Contingencies
None.
~^>11" Q
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/tea �5 �u� l� V& V
12,��
Page 18 of 26

UT To Bald - Preconstruction Photographs (June 2009)
Page 19 of 26

Main ste*below Opond
Page 20 of 26

UT to Bald Creek - Post Construction Photographs
Lower pasture area
Page 21 of 26

VT to Bald Creek
Post Construction Photographs
Taken September 2016
vl ncu�
Page 23 of 29

UT to Bald Creek
Post Construction Photographs (continued)
Taken September 2016
Page 24 of 29

Appendix A: Property Ownership Information & Verification of Protection Mechanism
The site protection instrument for this mitigation project includes the following document(s), available at the specified
County Register of Deeds office, and is linked to the property portfolio at:
http://ncdenr.s3.a mazo naws.com/s3fs-
public/Mitigation%20Services/Document%20Management%2OLibrary/Property/Property%20Portfolio/92596 UTtoBald
Creek PD 2008.pdf
Project Name County 1,Grantor Name lRecordation Info Property Rights
T to Bald Creek Yancey Hap-Y-Homer, LLC JDB 589, P 429 lConservation Easement
T to Bald Creek Yancey Charles L. Young, Jr. and Deana J. Blanchard JDB 589, P 454 lConservation Easement
T to Bald CreeklYancey iHenry Clay Turner III, wife Elizabeth P. Turner DB 589, P 441 lConservation Easement
Long-term stewardship of this property is managed by the NC DEQ Stewardship Program.

APPENDIX B: Permits and Jurisdictional Determination
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action M. SAW-2009-1559 County: Yancey USGS Quad: Bald Creek
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: NC Ecosystem Enhancement Pro am Attn:Watt Brown
Address: 1652 Mail Service Center
Raleitzh, NC 27699-1619
Telephone No.: 919-715-1616
Size and location of property (water body, road name/number, town, etc.): Unnamed Tributaries to Bald Creek
Stream Restoration Proiect incorporating approximately 5124linear feet of stream and 1.28 acres of wetland on
approximately 12 acres located off Bill Young Road and US 19 west of Burnsville.
Description of projects area and activity: _ Restore 1335 linear feet, enhance 3144 linear feet and preserve 800 linear
feet of stream channel. Enhance 1.23 acres of wetland. Work will include restorina stream dimension and profile,
repairing eroding stream banks and headcats, restoring flood -prone area, riffle and pool construction, channel
relocation and resizinu, construction of vanes, riffles and root wads revetments, establishment and revegetation of
stream buffers and fencing of livestock.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Numbers: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (telephone [phone]) 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,
This Department of the Army verification does not relieve the pennittee 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 Steven Lund at telephone [phone].
Corps Regulatory Official: Steven Lund A( >J�� Date: September 15, 2009
Expiration Date of Verification: September 15, 2011
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 attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index,httnl to
complete the survey online.

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
X There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Bald Creek and its tributaries are perennial streams (RPWs) flowing to the Cane River
and the French Broad River, a traditionally navigable water (TNW).
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Steven W. Lund, Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28901-5006
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 District 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 within 60 days of the following date.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: Steven Lund
Date: September 15, 2009
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Fumished: N/A

���
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 18, 2009
Mr. Wyatt Brown
N.C. Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: UTs to Bald Creek Restoration Project
Yancey County
DWQ #09-0861
ON HOLD/REQUEST FOR MORE INFORMATION
Dear Mr. Brown:
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has
reviewed the above -referenced application and Restoration Plan. We have several
questions/comments regarding this project. Our comments are as follows:
Dee Freeman
Secretary
• On Page 5 of 11 of the PCN (Section C I a), you indicated that impacts to streams and
open waters are included in the application. However, the open water impacts were
entered in Section 2a as wetland impacts. These impacts should have been entered into
Section 4a (open water impacts — Page 6 of 11). Please provide a corrected Page 6 of the
PCN which list the open water impacts.
+ In the Restoration Plan Wetland la is described as a 0.48-acre pond. The pond is
described as consisting of open water with a fringe of wetland vegetation. Table I b states
that Wetland la is to be enhanced through invasive species removal and supplemental
wetland plantings. The acreage is Iisted as 0.48 acres. This acreage is also included in
the Wetland Enhancement total listed in Table 2 (Project Component summaries).
No wetland mitigation credit can be claimed for open water. This pond is predominantly
open water, as shown in the aerial photograph of the project site (Figure 2). Pleas revise
the wetland enhancement totals in the plan to exclude the open water portion of the pond
identified as Wetland la.
401 oversighNEzpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location! 2321 Crabtree Blvd„ Ra"h, North Carolina 27604
Phone: [phone] l FAX: [phone]
Internet: http:lJh2o.enrstate.nc.usrnewetlands/
An Equal Opportunity kAPirmative Anion Employer
No ehCarolina
AaAma!!y

Mr. Brown
UTs to Bald Creek Restoration Project
Page 2 of 2
8/18/2009
Please note that the 401 Water Quality Certification (GC No. 3689) is not deemed issued for this
project pending resolution of the issues described above.
We look forward to your response to the comments listed above. Please feel free to contact Eric
Kutz at [phone] if you have any questions regarding this project or our comments.
Sincerely,
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review
Program
cc: File Copy (Eric Kulz)
Chuck Cranford — DWQ ARO
David Baker — USACE Asheville Regulatory Field Office

Y
r-d
Ecosystem
PROGRAM
September 1, 2009
CYNDI KAROLY, UNIT SUPERVISOR
DIVISION OF WATER QUALITY
401 WETLANDS UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699 - 1650
Re: Response DWQ #09-0861 UT to Bald Creek Stream -Wetland Enhancement
Yancey County
Dear Ms. KaroIy:
Pursuant to your letter dated 8/18/2009 1 am submitting 2 copies of a revised PCN and two
revised copies of the table lb. Please feel free to call me at 919.715.1616 or email me at
[e-mail] with any questions regarding this plan.
Thank you very much for your assistance.
Sincerely,
Wyatt Brown, LSS, CPESC
NC EEP Review Coordinator
Attachment: Revised Table 1b. (2 originals)
Revised PCN (2 originals)
e
NCDENR
North Carolina Ecosystem Enhancement Program,1652 Mai! Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.ncnp.r:, -

August 28, 2009
Mr. Wyatt Brown
N.C. Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: Unnamed Tributaries to Bald Creek
Yancey County
DWQ #09-0861
Dear Mr. Brown:
In response to the review by NC Division of Water Quality (NCDWQ) 401 Oversight and Express Review
Permitting Unit, URS Corporation — North Carolina (URS) recommends amending the Unnamed
Tributaries to Bald Creek Stream Restoration Project Final Restoration Plan per the attached tables in
response to the second comment. Changes to the Tables are shown in red.
The comment from NCDWQ was as follows:
In the Restoration Plan Wedand 1 a is described as a 0.48-acte pond. The pond is described as
consisting of open water with a fringe of wetland vegetation. Table lb states that Wetland la is to
be enhanced through invasive species removal and supplemental wetland plantings. The acreage is
listed as 0.48 acres. This acreage is also included in the Wetland Enhancement total listed in Table
2 (Project Component summaries)_
No wetland mitigation credit can be claimed for open water. This pond is predominantly open
water, as shown in the aerial photograph of the project site (Figure 2). Please revise the wetland
enhancement totals in the plan to exclude the open water portion of the pond identified as Wetland
1 a.
The attached tables show the appropriate values per the above comment. Please contact me if you have any
further questions or comments at Kathleen 't r ursco .c or my direct line 919-461-1597.
URS Corporation — North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, North Carolina 27520
TO 919,461.1100
Fax: [phone]
www.urscorp.com

Page Z of 4
Sincetely,
URS Corporation — North Carolina
Kathleen McKeithan, PE, CPESC, CPSWQ
Senior Environmental Engineer
Enclosure
cc: Harry Tsomidcs, NCEEP Project Manager
File

Page 3 of 4
Table 1B: Project Restoration Structure: Wetlands
Prniert Nimh— Q2GQ6 it.. ...ea I .:6..r a — n_u ,
Wetland
Treatment
Existing
Proposed
Wetland
ID
TXpe
Acreage
Acreage
Impacts
Comment
1
Enhancement
0.18
0.18
_
Invasive species removal and
supplemental wetland plantings.
Wetland plants around fringe of pond
]A
NA
0.48
0.48
and littoral shelf. Riparian plantings on
left embankment of Dond.
Wetland 2 is a small man-made pond
formed by an earthen dam and culvert
on the Mainstem Reach A. The dam
and culvert will be removed to restore
2
Removal
0.05
0,00
0.05
the stream to its natural, free -flowing
condition. The pond is not a significant
or high -quality aquatic resource and the
benefit gained by the stream justifies the
impacts to the wetland.
Livestock exclusion, invasive species
3
Enhancement
0.20
0.20
removal, and supplemental wetland
plantings,
Livestock exclusion, invasive species
4
Enhancement
0.11
0.11
removal, and supplemental wetland
plantings.
Livestock exclusion, invasive species
5
Enhancement
0.26
0.26
removal, and supplemental wetland
plantings.
TOTAL
1.28
1.23
0.05

0J
Table 2: Project Component Summations
Project Number 92596 Unnamed Tributaries to Bald Creek
Page 4 of 4
on
ExistingExisting
Stream
Proposed
Riparian
Proposed
NOL-
Riparian
Upland
Buffer
(1�
Stream (it)
Wetland
Riparian
Wetland (ac)
Wetland
* (ac)
(ac)
BMP
ac(Be)
n
1180
1335
--
--
0.64
1.63
-
nt I
;W-tlt,�Pe-
522
522
--
—
0.40
0.72
nt II
2622
2622
-
--
--
2.96
3.61
--
on
800
800
--
—
1.12
1,10
pen
aters
0.48
0.48
Wetland
Enhancement
--
-
0.80
0.75
Wetland Impacts
—
0.05
0.00
TOTAL
5124
5279
1.28
1.23**
0
5.12
7.06
0
..
pan acreasc was con puteu as area oursrae or the 30-tt stream butter and wetland boundaries within the conservation
easement.
"All existing wetlands will be enhanced except Wctland IA (an open water pond) and Wetland 2 (an on-line pond that
will be removed to restore the stream channel resulting in 0.05 acre of wetland impacts).

Brown, Wyatt
From:
Kulz, Eric
Sent:
Wednesday, September 09, 2009 2:24 PM
To:
Brown, Wyatt
Cc:
Dennison, Laurie
Subject:
LIT to Bald Creek - Yancey County (20090861)
Wyatt:
We received you revised PCN and responses to the questions outlined in our August 18, 2009 letter.
We appreciate your efforts in addressing our questions.
The project is deemed issued.
Thanks,
Eric
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties

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Appendix D. Additional Data
Page 27 of 27

•
Legend
Conservation Easement
Stream —Channel
Wetlands
Limit of Disturbance
Repair area 1
50 linear feet LA
fir✓ .e� ,
r
�r
Pro
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:r
Ut to Bald Creek - Stream Repair
Overview - Temporary Construction
DMS ID# 92596 Yancey County, NC
0 60 120 240
Feet

2016 dead Cut Repair Cross Sections
XS1
0 r 10 R flIe
101.5 —Oct-18 bkt Jun-17
101
0 00.5
w 100
99.5
99
0 2 4 6 8 10 12 14 16
Width
XS2
0 + 45.5 RiMe
102
101.5 --
101 ! �..
w 99
97.5
97
0 5 10 15 20 25 30
Width
XS3
0+20 RA.
too
99.5
99
98.5
c 98
197.5-
w 97 - -
96.5
96
95.5 -- ----- - - - _
95
0 5 10 15 20 25 30
Width
XS4
0+47 Rills
98
97.5 -- — - -- ---i- ------- -- -
97
98.5 — I
0 98
-
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w 95
94.5
94 -
93.5 -
93
0 5 10 15 20 25
Width
Page 25 of 26

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2009-01559 County: Yancey USGS Quad: Bald Creek
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant: North Carolina Division of Mitigation Services ATTN: Mr. Lin Xu
Address: 1652 Mail Service Center
Raleigh, NC 27699-1652
Size and location of property (waterbody, road name/number, town, etc.): The 12.7-acre UT to Bald Creek mitigation
site is located adjacent to Sweethollow Road, north of Highway 19, west of Burnsville, Yancey County, North
Carolina.
Site Coordinates: 35.92193" N—82.430146' W Waterway: Bald Creek River Basin: French Broad River
Description of project area and activity: This permit authorizes excavation and the placement of fill associated with
stream repair activities along an unnamed tributary to Bald Creek. Authorized impacts to waters of the U.S. are
identified on page 2 of this authorization and include temporary impacts to 85 linear feet of stream channel, and 0.02
acre of wetlands.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 3
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM
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 received August 25, 2016. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
• This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized
provided the activity is completed within twelve months of the date of the nationwide 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 [phone]) 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.
• This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permim
• If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrea Hughes at telephone [phone] x59
HUGHES.ANDREA.WADE.12 oN,-uUS.=US Gove ...4o D by Pni =US&
58339165 _HUGHESANDBEAM DE1258339165
Corps Regulatory Official: Drt 2016A9.2008.4917-04
'00' Date: September 19, 2016
Expiration Date of Nationwide Permit Verification: March 18, 2017
Page 1 of 3

Summary of Authorized Impacts and Reauired Mitieation
Total Loss of Waters of the U.S. (ac)
Required Wetland Mitigation (ac)
*Impacts are associated with stream restoration and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks and/or Special Permit Conditions:
1. The activities will be conducted in accordance with the information submitted and meet the conditions applicable
to the NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
These activities must also comply with the Browns Summit Creek Final Mitigation Plan dated January 2016,
including without limitation, all monitoring and performance standards.
This Nationwide Permit verification does not imply approval of the 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 our public interest review and 404 (b) (1) Guidelines analysis
during the permit review process for that project.
Copy Furnished: NCIRT (Electronic Copy)
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 our website at htto://regulatory.usacesurvev.com/ to
complete the survey online.
Page 2 of 3

Determination of Jurisdiction
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
C. ❑ There are waters of the US and/or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference the jurisdictional determination issued on
Basis of Jurisdictional Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and Eastern Mountain and Piedmont Regional Supplement. These wetlands are adjacent to stream
channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property
are unnamed tributaries to Bald Creek which flows into the Cane River, the French Broad River, and the Atlantic Ocean.
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 del ineation/determination
may not be valid for the wetland conservation provisions of the Food Security Act of 1985. 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 determinations as indicated in
B and C 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 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 . It is not necessary to submit
an RFA form to the District Office if you do not object to the determination in this correspondence.
Digitally 165
HUGHES.ANDREANADE. ON: c-US!o=UU..S. Goveby rnment, D—UoD, ou=1PNl, oo USA,
1258339165 cn=HUGHES.ANORFA.WADE.1258319165
Corps Regulatory Official: Date: 2016.09.2008.49:48-04'00'
Date: September 19, 2016 Expiration Date of Jurisdictional Determination: N/A
Page 3 of 3

WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Action ID Number: SAW-2009-01559
County: Yancey
Permittee: North Carolina Division of Mitigation Services Attn: Mr. Lin Xu
Date Permit Issued: September 19, 2016
Project Manager: Andrea Hughes
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign
this certification and return it to the address of the Regulatory Field Office indicated below:
❑ Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
❑ Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
❑ Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
® Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
- REQUEST FOR APPEAL
Applicant. NCDMS Attn: Mr. Lin Xu
File Number: SAW-2009-01559
Date: September 19, 2016
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
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 http://www.usace.atrny.mil/inct/functions/ew/cccwo/reg
or Corps regulations at 33 CFR Part 331.
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 final
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 the 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 final
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 the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II 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.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II 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 the 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 Il 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.
Page 1 of 9

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 appealed), by contacting the Corps district for further instruction. Also you may provide new information
for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to this
form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the review
officer has determined is needed to 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:
If you have questions regarding this decision and/or
If you only have questions regarding the appeal process you
the appeal process you may contact:
may also contact:
Andrea Hughes
Mr. Jason Steele, Administrative Appeal Review Officer
Wilmington District, Regulatory Division
CESAD-PDO
3331 Heritage Trade Dr. STE 107
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, NC 27587
60 Forsyth Street, Room 1 OMI5
[phone] x59
Atlanta, Georgia 30303-8801
Phone: [phone]
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 day 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 and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division
Andrea Hughes
3331 Heritage Trade Dr. STE 107
Wake Forest, NC 27587
[phone] x59
For Permit denials and Proffered Permits send this form to:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303-8801
Page 2 of 9

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