HomeMy WebLinkAbout20150129 Ver 1_Approval Letter_20150209North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 9, 2015
Jeff Brown, Representative
RSMB Holdings LLC
The Lodge on Lake Lure
361 Charlotte Drive
Lake Lure, North Carolina 28746
Donald R, van der Vaart
Secretary
DWR # 15 -0129
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
The Lodge on Lake Lure Bank Stabilization
Town -of Lake Lure, Rutherford County
Dear Mr. Brown:
In accordance with your application dated February 4, 2015, approval has been granted for the
impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898
and the conditions listed below. This certification is associated with the use of General Permit
Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Erosion and Sediment Control, Water
Supply Watershed and. Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Permanent
Above Pool
I Below Pool
Open Waters
0.25 (acres)
10.0573 (acres)
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: 919 - 707 -86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
ADDITIONAL CONDITIONS
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. Riprap Installation
Stone used in stabilization shall be of a size and density sufficient to prevent
movement by wave or current action and shall consist of clean rock or masonry
material free of debris or toxic pollutants. The rip -rap shall be installed over a
toed in filter fabric to prevent soil erosion behind the stabilized area. All
exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the
top of bank shall be replanted in accordance with the attached Guidelines for
Riparian Buffer Restoration.
3. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre - construction Notification.
All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur. The turbidity
standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 02B .0200.' Appropriate sediment and erosion control practices must be
used to meet this standard. Lake Lure is classified as B; Trout waters.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H 0.500. Please contact Ed Williams at (828) 296 -4686 or
ed.williams@ncdenr.gov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
EEP Guidelines for Riparian Buffer Restoration
ec: Dale Shields, shieldstree @gmail.com
William Elliot,USACE Asheville Regulatory Field Office
Andrea Leslie, NC Wildlife Resources Commission
Laura Herbert, DEMLR
G:\ WR \WQ\Rutherford \401s\Non- DOT\The Lodge at Lake Lure\APRVL.401Lodge at Lake Lure Bank Stabilization.2- 9- 2015.doc
Hater Quality Certification No. 3898
Water Quality Certification Number 3898 is issued ;in conformity with the requirements of Section
401, Public Laws 92 =500 and'95 -217 of the United States and subject to the North Carolina
Division of Water Quality. Regulations in 15A NCAC 02H .0500 and 15A NCAC 026.0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's 1. Regional (General) Permit Number 1982000.30 and Regional Permit Number 198200079 and for
:the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of: Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter set forth:.
Activities meeting any one (1) of the, following thresholds or' circumstances require written
approval for a:401 Water Quality Certification from the Division of Water Quality (the:
"Division' );
a)' Activities that result in fill, dredging or excavation of waters or wetlands below the. normal
high water level; or
b)' Any impact associated with a Notice; of Violation or an enforcement action for violations)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
1300); DWQ, Surface Wateror Wetland Standards, or Riparian Buffer Rules (15A NCAC
0213.0200); or
c) Any impacts to streams and/or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman,, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules (Buffer Rules) in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is .issued through N,C, Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities..
Water Quality General Certification must include the appropnate fee. if a project also requires a
CAMA Permit; then one payment to both agencies shall be'submitted and will be the higher of the
two fees;
Activities included! in this General`Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of hese Conditions cannot be met, then
written, approval from the Division is required.
Conditions of Certification:
.................... _...... ... .
No Impacts.Beyondthose Authorized in. the Written Approval or Beyond the Threshold of Use.
,of this Certification
No waste, spoil, solids,. or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre = Construction Notification, as
aufhorized in the written approval from the Division or beyond. the thresholds established for
use of this Certification withoutwritten authorization, including Incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practi €es shall be performed so that no
violations of state water.quality standards, statutes, or rules occur. Approved plans and
Water Quality Certification No, 8898
Water Quality Certification No. 38.98
specifications for this project: are lnoorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control; Practices:
Erosion and sediment .control .p.radticesrn
,.vst be in full, compliance With all specifications
governing the proper design, 1 .1 nstal I lation and I operation and maintenance of soch Best
Management Practices, and if applicable; comply with the specific conditions and
requirements of the NPIDES.Construction Stormwater Permit issued to the site,
a. Design, installation, operation, and maintenance Of the sediment and erosion, control
d1fid requirements specifiedinthe most
measures must be such that ciub[ orexcce
Y e
recent:version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be. maintained on all construction sites, borrow sites, andwaste pile (spoil) projects,
..including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed;,
installed, o erated, and maintained in accordance with the. (n.pst recent Version, of the
North Carolina Sutfa,ce Minih.9 Manual.
Reclamation measures and implementation must comply with the reclamation in
accordance With the requirements of the Sedimentation Pollution Control Act and the
,.Mining Act, of 1971.
d- Sufficient materials required for stabilization and/or repair of erosion control measures
andStormwater touting: and treatment shall be on site atal[times.
e. If the :project occurs in waters or watersheds classified as Primary ;N I ursery Areas. (PNAs)i.
SA,. WS 1, WS-11, High Quality (HQW), or Outstanding Resource (O.RW) waters, then the,
sedimentation and erosion control designs must comply'with the requirements set forth
in 15A NCAC: 04 13, 0 1 24, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
. ........
.. ..... .... ....... ..... . .... .......
Sediment and erosion :control measures shall not be placed in Wetlands or Waters.
Exceptions to this condition require application submittal :t6and 'Written approval by the
Division. , If placement of sediment and erosion control: devices in wetlands and waters is
Unavoidable, then design and placement.of temporary erosion control measures shall not be.
conducted in a manner that may result in dismequilibrivrn of wetlands, stream beds, Or banks,
adjacent to or Upstream and downstream of the above; structures. All sediment and erosion
control, devices shall be removed , and . the natural grade .restored.within two . (2). months .ofthe.
date..thatthe Division of Land Resources (DLR) or locally delegated program has relbased
the specific area within the project.
4. Construction Stormwater Pet . rhit,N.CGOIOOOO
An NPDE& Construction Stormwater Permit is required for construction projects that.disturb
one '(1) or more acres of land, This Permit allows stormwater to. be discharged during land
distu I r I bing construction I ac activities , ivities as stipulated in the conditions of the permit, -if your project
is . covered by this: permit, full. cornpliarice� with permit conditions including .the .erosion &
sedimentation I I I control plan,ingpections and maintenance, self;-Monitoring,, record keeping,
. and reporting requirements is required. A copy,of the general, permit (NOG010000),
.inspection loa sheets. and other information may be found at
Water Quality Certification No. 3898
Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCpOT) shall be' required ;to be iii full
compliance with the conditions related to construction activities within !the most recent version
of their individual NPDES (NCS000250) stormwater permit..
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting fish
spawning, or bird nesting), then' biological monitoring may be required' at the request of other
state or federal agencies and coordinated with these activities.
AlLmoratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other equatic,species of concern shall be
implemented, Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC
USFWS, NMFS, and /or DMF personnel'.
6. Work in the Dry
All work in or adjacent to stream waters;shall be conducted to that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control' Manual; or the : NC DOT
Construction and Maintenance Activities Manual, such as sandbags,,rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation inl;flowing,water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection (Buffer) Rules
Activities located in!
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to. "uses" identified within and constructed in accordance with 15A NCAC 02B .0233;, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed; constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices; All buffer rule requirements; including diffuse
flow requirements, must be met',
8. If concrete is used during the construction, then all necessary: measures shall be taken to
prevent direct contact between uncured. or curing concrete and waters of the state. Water
that inavertently contacts uncured concrete shall not be discharged to waters of the state
due tot I he potential for elevated pH and possible aquatic life /fish kills
9. Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure
protection of aquatic habitat. Construction, over wetlands shall' be elevated at least three (3)
feet above any wetlands, and floating structures shall not rest. periodically on the bottom.
10. Piers and `boat houses shall be:constructed to,provide for storage.and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly into surface waters.
11. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
Water Quality Certification No. 3898 3'
Water Quality Certification No. 8898
compliance for future wetland, Water, and buffer impact. These mechanisms shall be. put in
place at the time. of recording of: property or of individual lots whichever is appropriate. A
httpi / /portal.ncdenr,oral web /W� /swp /ws /401 /certsandpermits /appl /fy orms. The text of the
sample deed notification may be modified as appropriate to suit to a.specific project;
Documentation of deed notifications shall be provided to the Division upon request.
12. If an environmental document is required underthe National or. State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant. I rnpac
flFONSI) or Record of Decision (ROD) is issued bythe State
Clearinghouse,
13. In the twenty (20) coastal the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
14, This General Certification does not relieve the applicant of the responsibility, to obtain all other
required Federal, State, or Local
15. The a pp licant/permittee>and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal ;Law: If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, orthat further conditions:.afe necessary o assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification,
`16, When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approvaland any.subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650,
17. Additional site- specific conditions, including monitoring and/or modeling requirements, may
be added tg the written approval' letter for projects proposed under this Water Quality
18. This certification grants' permission to. the director an authorized representative of the
Director, or. DENRstaff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding; Nationwide and /or Regional General Permit. The conditions in effect on the date>
of issuance of Certification fora specific project shall remain in effect for the life of the project;
regardless of the expiration date of this Certification,
Non- compliance with or: violation of the conditions herein set forth by a specific project may result .
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties;:
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for lndividual Certification for any project m this category of activity if it is determined
that the project is likely to have a significant adverse effect upon .water quality, including :state or
federally listed endaingered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or'downstream waters are precluded.
4
Water Quality Certification No, 3,898
Water Quality Certification O.. 38981
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality;
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E.
Director
History Note: Water Quality. Certification Number X898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007; WQC Number 3639 issued March 19, 2007 WQC
Number 3492 issued December 31, 2004; and WQC Number 3373: issued March 18, 2002, This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3898 5
A44� 1*e'
� rra
HCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to
DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919M7-6300 \ FAX: 919. 807 -6494
Internet: http : / /portal.ncdenr.orglweb /wq ?ws
An Equal Opportunity \ Affirmative Action Employer
Registration No.
GuOelines for ki aria
Buffer Re5tOratiOn
g { t
PROGRAM
N.C. Department of Environment and Natural Resources
Ecosystem Enhancement Program
October 2004
Purpose ofthese Guidelines
Riparian buffers have been identified as a valuable tool for protection of water
quality when properly designed and established in the appropriate landscape
setting. For this reason, the goal of the Ecosystem Enhancement Program
(EEP) is to implement projects to restore riparian buffers that have the greatest value for
reducing pollutants in our surface waters as well as provide important aquatic and
wildlife habitat. The purpose of these guidelines is to provide the technical information
necessary for the successful planning and establishment of riparian buffers. The
guidelines are intended for use by private consultants in developing restoration plans for
the EEP but should also have utility for private landowners as well as local governments
involved in the restoration of riparian buffers.
Criteria for Priority Riparian Buffer Restoration Projects
A number of factors determine the success of particular riparian buffer
restoration projects. In addition to the physical characteristics of the site, issues
such as land costs, land ownership, and logistical constraints must be taken into
consideration. The following physical characteristics are intended to provide general
guidance when identifying sites and are not intended to exclude sites that may have merit
based on other criteria.
• Woody vegetation absent or sparse (less than 100 stems per acre that are > 5 inches
diameter at breast height) measured within 50 feet of intermittent and perennial
streams, lakes, ponds, and shorelines.
• Adjacent to headwater streams or those streams defined as first, second, or third
order.
• Project length greater than 1,000 feet (for projects implemented by the EEP).
• Ditches, gullies, or evidence of concentrated flow within 50 feet of intermittent and
perennial streams, lakes, ponds, and estuaries.
• Adjacent source of nitrogen including cropland, pasture, golf course, residential
development, ball fields, etc.
• Water table depth within three to four feet of surface as determined by characteristics
of soil cores.
Components of a Riparian Buffer Restoration /Enhancement Plan
Site Assessment
The riparian area to be restored should be evaluated with respect to these factors that
control the viability of riparian plants:
• Soil moisture
• Soil pH
2
• Soil texture
• Seasonal high water table depth
• Flooding potential
• Aspect, topography, and microtopographic relief
Site P1-eP '31-'7ti017
The restoration/enhancement plan should address these items.regarding preparation of the
site for planting:
• Plow or rip site to improve compacted soil and /or eliminate areas where channelized
flow has developed.
• Control of sod - forming grasses such as fescue and Kentucky bluegrass that will
compete with plantings for nutrients.
• Control of invasive, exotic plants that would hinder the re- establishment of woody
vegetation. Proposals for pesticide use should always be reviewed by the North
Carolina Division of Water Quality staff to insure compliance with the Neuse and
Tar- Pamlico Riparian Buffer Rules.
Common Invasive Exotic Plants in North Carolina
Ailanthus altissima (Tree -of- Heaven)
Albizia julibrissin (Mimosa)
Elaeagnus umbellata (Autumn Olive)
Hedera helix (English Ivy)
Lespedeza cuneata (Korean or Sericea Lespedeza)
Ligustrum sinense (Chinese Privet)
Lonisera japonica (Japanese Honeysuckle)
Microstegium vimineum (Japanese Grass)
Paulownia tomentosa (Princess Tree)
Pueraria lobata (Kudzu)
Rosa multiflora (Multiflora Rose)
Wisteria sinensis (Chinese Wisteria)
Stabilize areas of bare soil. Refer to the following list for species of grasses /sedge
appropriate for soil stabilization. The majority of these species are by necessity not
native to North Carolina. At present, there are only a few species of native grasses
useful for erosion control that are commercially available. Please note that fescue
grasses should not be,used for soil stabilization. Fescue grasses, particularly tall
fescue, are competitive and will inhibit the eventual re- establishment of native
species.
Agrostis alb? (Re4top)
Found in fields, pastures, roadsides, and other disturbed places throughout North
Carolina, this native warm season grass should be used sparingly for erosion control
and soil stabilization.
C4rexstr!ct? (Sedge)
This sedge occurs naturally in marshes and low meadows throughout the mountains
and northern piedmont and coastal plain of North Carolina. This species has utility in
a mix for soil stabilization in moist areas.
Djctyli5g1omer3t.3 (Orchardgrass)
This perennial, cool season bunchgrass is a good alternative to fescue because it is
less competitive and allows native herbs to colonize the site.
Hordeum spp. (Barley)
A number of species of barley can be used for soil stabilization. Barley is a cool
season, annual grass that when moisture is available will germinate in the fall, stay
green during the winter, and then die in the spring as competition for warm season
plants increases.
A7171cum %ndestinum (Deer Tongue)
This native, perennial, warm season bunchgrass can be used in moist low woods
primarily in the piedmont and mountains.
Pwicum spp. (Panic Grasses)
A number of species of panic grasses can be used for soil stabilization depending on
the moisture regime and soils of the site.
A7171cu77 vitg ,3tu177 (Switchgrass)
This native, perennial, warm season bunchgrass can tolerate a wide range of moisture
regimes. It can be used along streams, in wet or dry woods, brackish and freshwater
marshes, sloughs, swales, and low pinelands primarily in the eastern piedmont and
coastal plain.
Per nisetumgbacum (Brown Top or Pearl Millet)
This fast - growing, robust, annual grass exhibits good drought tolerance which makes
this species an important warm season option for soil stabilization.
4
Ph,?l4t-is ,7rundin,?ce7 (Reece Canarygrass)
A native to North Carolina, this perennial cool season grass is used for the
stabilization of pond shorelines, drainage ditches, and streambanks in the mountains
and western piedmont. It is established by planting freshly cut stem slips or rhizome
fragments. Please note that this species is aggressive and forms large monotypic
stands that displace other species. It should only be used if no other species are
available.
Sec,?le cePe ,3/e (Winter Rye or Rye Grain)
Winter rye is a cold - hardy annual grass that will germinate and grow at low
temperatures. By maturing early, it offers less competition during the late spring, a
critical time in the establishment of perennial species. Winter rye germinates quickly
and is tolerant of poor soils.
Sorghum bico %(Sudangrass)
Only the small- stemmed varieties of this annual warm season grass should be used.
Sudangrass is useful for temporary seeding, and it is adapted to soils relatively high in
clay content. Seed for common Sudangrass is not always available, but other small -
stemmed types may be used, such as the hybrid Trudan. The coarse - stemmed
Sorghum - Sudangrass hybrids are not appropriate for erosion control.
Riparian Buffer Design
Species Diversity and Composition
The most effective riparian buffers have trees and shrubs to provide perennial
root systems and long -term nutrient storage. The design of a riparian buffer can
be modified to fit the landscape and the landowner's needs, for example, by
replacing shrubs with more trees, substituting some of the trees with shrubs, or
incorporating a grass zone. In any scenario, the width of the woody vegetation should be
at least 30 feet directly adjacent to the streambank/shoreline.
Choose 10 -12 species of native trees and /or shrubs appropriate for site based on site
assessment and reference conditions. In addition, please note that this list is alphabetical
and does not take into account the assemblages of plants found in nature. The inventory
of plants found on the reference site can help determine an appropriate assemblage for the
restoration site. In addition, the North Carolina Natural Heritage Program's
Classification of the Natural Communities of North Carolina: Third Approximation is a
valuable reference on natural assemblages of plants (Shafele, Michael P. and Alan S.
Weakley, 1990).
Typically, there should be at least three or four understory trees for every canopy tree to
provide structural diversity similar to mature forests. Where shrub species are
incorporated into the planting plan, they should be distributed more densely at outer edge
of riparian buffer to reduce light penetration and recolonization by invasive exotic
species. The- following table provides a list of native tree and shrub species appropriate
for use in riparian buffers.
Native Regions
M= Mountains
P= Piedmont
C= Coastal Plain
Master List o Native Plants
Light Requirements
S= Shade
P= Partial Sun
F= Full Sun
Moisture Requirements
L= Low Moisture
M= Moderate Moisture
H= High Moisture
A= Aquatic
Medium to Large Trees
water hickory
X
I
X1
I
1XIXI
X
X
Acer barbatum
Southern sugar maple
X
X
XjXjXj
I X
I X
I X
X
X
X
Acer saccharinum
silver maple
X
X
X
X
I X
I X
X
X
Acer saccharum
sugar maple
X
X
X
X
X
X
X
X
Betula alleghaniensis
yellow birch
X
X
X
X
X
X
X
X
Betula lenta
cherry birch, sweet birch
X
X
XXX
X
X
X
X
Carya aquatica
water hickory
X
I
X1
I
1XIXI
X
X
Carya cordiformis
bitternut hickory
X
X
X
I X
I X
I X
X
X
X
Carya glabra
pignut hickory
X
X
X
X
X
X
X
X
Carya ovata
shagbark hickory
X
X
X
X
X
X
X
X
Carya tomentosa
mockernut hickory
X
X
X
X
X
X
X
X
Celtis laevigata
sugarberry, hackberry
X
X
XXX
X
X
X
X
Chamaecyparis thyoides
Atlantic white cedar
X
X
X
I X
X
X
X
X
D i o s p y r o s v i r g i n i a n a (persimmon I X I X I X I X I X I X I X I X I I
Fagus grandifolia jAmerican beech IXIXIXIXIXI I 1XI
F r a x i n u s pennsylvanica Igreen ash I X I X I X I X I X I I I X I X I I
Juglans nigra Iblack walnut IXIXIXIXIXI I I X I I
Liriodendron tulipifera Itulip poplar, yellow poplar IXIXIXIXIXIXI 1XI
Magnolia fraseri
Fraser magnolia
X
I
I
1XI
X
Nyssa aquatica
water tupelo
XXX
X
X
X
Nyssa sylvatica
black gum
X
X
X
X
X
X
X
X
Nyssa sylvatica var. biflora
swamp black gum
XXX
X
X
Oxydendrum arboreum
sourwood
X
X
X
X
X
X
X
Picea rubens
red spruce
X
X
X
X
X
Pinus echinata
shortleaf pine
X
X
X
X
X
X
Pinus palustris
longleaf pine
X
X
X
X
X
Pinus rigida
pitch pine
X
X
X
r
Pinus serotina
pond pine
I
X
I
I
1XI
X
X
Pinus strobus
white pine
X
X
I
X
X
X
Platanus occidentalis
sycamore
X
X
X
I
X
X
X
X
Populus deltoides
eastern cottonwood
X
X
X
I
X
I X
X
X
X
Populus heterophylla
swamp cottonwood
X
XXXX
X
X
X
X
X
Prunus serotina
black cherry
X
X
X
X
X
X
X
X
X
Quercus alba
white oak
X
X
X
X
X
X
X
Quercus bicolor
swamp white oak
X
X
X
X
X
X
X
X
Quercus coccinea
scarlet oak
X
X
X
X
X
X
Quercus falcata
Southern red oak
X
X
X
X
X
X
X
Quercus pagoda
cherrybark oak
X
X
X
X
X
X
X
X
X
Quercus laurifolia
laurel oak
X
X
X
X
X
X
I Ix
X
X
Quercus lyrata
overcup oak
X
X
X
X
X
X
X
X
Quercus margaretta
sand post oak
X
X
X
X
X
X
Quercus marilandica
black jack oak
X
X
X
X
X
X
X
Quercus michauxii
swamp chestnut oak
X
X
X
X
X
I
X
X
Quercus nigra
water oak
X
X
X
X
X
X
X
Quercus phellos
willow oak
XXX
X
X
X
X
Quercus prinus
chestnut oak
X
X
X
X
X
Quercus rubra
Northern red oak
X
X
X
X
X
X
Quercus shumardii
shumard oak
X
X
X
X
X
X
Quercus stellata
post oak
X
X
X
X
X
X
Quercus velutina
black oak
X
X
X
X
X
X
Quercus virginiana
live oak
X
X
X
X
Robinia pseudoacacia
black locust
X
X
X
X
X
X
Taxodium ascendens
pond- cypress
X
X
X
X
Taxodium distichum
bald- cypress
X
X I
X
X
Tilia americana var. heterophylla
basswood
X
X
X
X
X
Tsuga canadensis
Eastern hemlock
X
X
X
X
X
X
Tsuga caroliniana
Carolina hemlock
X
X
X
X
X
Ulmus alata
winged elm
X
X
X
X
X
X
X
Ulmus americana
American elm
X
X
X
X
X
I Ix
Small Ttees
Amelanchier arborea
downy serviceberry, shadbush
X
XXXX
I
X
Amelanchier canadensis
Canada serviceberry
X
I
I
X
X
X
Amelanchier laevis
smooth serviceberry
X
I
X
X
X
X
Asimina triloba
pawpaw
X
XXXX
I
X
Carpinus caroliniana
ironwood, American hornbeam
X
X
X
X
X
X
X
Cercis canadensis
eastern redbud
X
XXX
X
X
Chionanthus virginicus
white fringetree, old man's beard
X
X
X
I
X
X
X
Corpus alternifolia
alternate -leaf dogwood
X
I X
X
X
Corpus f/orida
flowering dogwood
X
XXX
X
X
X
Crateagus crus -galli
cockspur hawthorn
X
X
X
I
X
X
X
X
Crateagus flabellata
fanleaf hawthorn
X
X
X
X
Crateagus f/ava
October haw
X
X
X
X
X
X
Cyrilla racemif/ora
titi
X
X
X
X
X
Fraxinus caroliniana
water ash
X
X
X
X
Gordonia lasianthus
loblolly bay
X
X
X
X
X
X
7
M
P
CIS
I
P IF
L
M
H
A
Halesia tetraptera (H. carolina)
common silverbell
X
X
X
X
X
Ilex opaca
American holly
X
X
X
X
X
X
X
X
Juniperus virginiana
Eastern red cedar
X
X
X
X
X
X
X
Magnolia tripetala
umbrella tree
X
X
X
X
Magnolia virginiana
sweetbay magnolia
X
X
X
X
X
X
X
Morus rubra
red mulberry
X
X
X
X
X
X
Osmanthus americana
wild olive, devilwood
X
X
X
X
Ostrya virginiana
Eastern hop- hornbeam
X
X
X
X
X
Persea borbonia
red bay
X
X
X
X
X
X
Persea palustris
swamp bay
X
X
X
X
X
X
Pinus pungens
table mountain pine
X
X
X
Prunus americana
American wild plum
X
X
X
X
Prunus caroliniana
Carolina laurel -cherry
X
X
X
X
X
Quercus incana
bluejack oak
X
X
X
X
Quercus laevis
turkey oak
X
X
X
X
Rhus glabra
smooth sumac
X
X
X
X
X
Rhus hirta (Rhus typhina)
staghorn sumac
X
X
X
Salix caroliniana
swamp willow
X
X
X
I
X
X
X
X
Salix nigra
black willow
X
X
X
I
X
X
X
X
Sassafras albidum
sassafras
X
X
X
I
X
X
X
X
Staphylea trifolia
bladdernut
X
I X
X
X
Symplocos tinctoria
horse - sugar, sweetleaf
X
XXX
X
X
X
Ulmus rubra
slippery elm
X
X
I X
X
X
shrubs
Aesculus sylvatica
painted buckeye
X
X
X
X
X
Alnus serrulata*
common alder
X
X
X
X
X
X
X
X
Aronia arbutifolia
red chokeberry
X
X
X
X
X
X
X
Baccharis halimifolia
silverling
X
X
X
X
X
X
Callicarpa americana
American beautyberry
X
X
X
X
X
X
Calycanthus floridus
sweet -shrub
X
X
I X
X
X
Castanea pumila
Allegheny chinkapin
X
X
X
X
X
X
X
Ceanothus americanus
New Jersey tea
X
X
X
X
X
X
Cephalanthus occidentalis
buttonbush
X
X
X
X
X
X
Clethra acuminata
mountain sweet pepperbush
X
X
X
X
Clethra alnifolia
sweet pepperbush
X
X
X
X
X
Comptonia peregrina
sweet fern
X
X
X
X
Corpus amomum
silky dogwood
XXX
X
X
X
X
Corpus stricta
swamp dogwood
X
X
X
Xi
I
Corylus americana
American hazel, hazelnut
X
X
X
X
Euonymus americanus
hearts -a- bustin', strawberry
ffbushx
X
X
X
X
X
X
Fothergilla gardenii
witch -alder
X
X
X
X
Gaylussacia frondosa
dangleberry
X
X
X
X
X
X
Hamamelis virginiana
witch hazel
X
XXXX
X
X
Hydrangea arborescens
wild hydrangea
X
X
X
XI
X
Ilex coriacea
gallberry
X
X
X
X
X
Ilex decidua
deciduous holly, possumhaw
X
X
X
X
X
Ilex glabra
inkberry
X
X
X
.X
X
X
Ilex verticillata
winterberry
X
X
X
X
X
X
X
X
* These fix nitrogen and should not be used for riparian restoration adjacent to Nutrient Sensitive Waters.
MHEMME
M
P
C
5
P
F
L
M
H
A
Ilex vomitoria
yaupon holly
X
X
X
X
X
Itea virginica
Virginia willow
X
X
X
X
X
Kalmia angustifolia var. caroliniana
Iamb -kill, sheep -kill
X
X
X
X
X
Kalmia latifolia
mountain laurel
X
X
X
X
X
X
Leucothoe axillaris
coastal dog - hobble
X
X
X
X
Leucothoe fontanesiana
dog - hobble
X
X
X
X
Leucothoe racemosa
fetterbush
X
X
X
X
X
X
Lindera benzoin
spicebush
X
X
X
X
Lyonia ligustrina
northern maleberry
X
X
X
X
X
X
Lyonia lucida
shining fetterbush
X
X
X
X
Myrica cerifera*
Southern wax -myrtle
X
X
X
X
X
X
X
X
Myrica cerifera var. pumila*
dwarf Southern wax -myrtle
X
X
X
X
X
Myrica heterophylla*
bayberry, evergreen bayberry
X
X
X
X
Pieris floribunda
evergreen mountain fetterbush
X
X
X
X
Rhododendron atlanticum
dwarf azalea
X
X
X
Rhododendron calendulaceum
flame azalea
X
X
X
X
Rhododendron catawbiense
Catawba rhododendron
X
X
X
X
X
X
X
Rhododendron maximum
rosebay rhododendron
X
X
X
X
X
X
Rhododendron periclymenoides
pinxter flower, wild azalea
X
X
X
X
X
X
Rhododendron viscosum
swamp azalea
X
X
X
X
X
X
Rhus copallina
winged sumac
X
X
X
X
X
X
X
Rosa carolina
pasture rose, Carolina rose
X
X
X
X
X
X
X
Rosa palustris
swamp rose
X
X
X
X
X I
X
Rubus allegheniensis
Alleghany blackberry
X
X
X
X
Rubus cuneifolius
blackberry
X
X
X
X
X
X
Rubus odoratus
purple flowering raspberry
X
X
I
X
Salix humilis
prairie willow
X
X
X
X
Salix sericea
silky willow
X
X
X
X
X I
X
Sambucus canadensis
common elderberry
X
X
X
X
X
X
Spiraea alba
narrow- leaved meadowsweet
X
X I
X
Spiraea latifolia
broad - leaved meadowsweet
X
X
X
Spiraea tomentosa
meadowsweet
X
X
X
X
X I
X
Stewartia malacodendron
silky camellia
X
X
X
X
Stewartia ovata
mountain camellia
X
X
X
X
X
Styrax grandifolia
bigleaf snowbell
X
X
X
X
X
Vaccinium arboreum
sparkleberry
X
X
X
X
X
X
Vaccinium corymbosum
highbush blueberry
X
X
X
X
X
X
X
X
X
Vaccinium crassifolium
creeping blueberry
X
X
X
Vaccinium elliottii
mayberry
X
X
X
Vaccinium stamineum
deerberry, gooseberry
X
XXX
X
X
Vaccinium pallidum
lowbush blueberry
X
X
X
X
X
Viburnum acerifolium
maple -leaf viburnum
X
X
X
X
X
X
Viburnum dentatum
Southern arrowwood viburnum
X
X
X
X
X
X
X
Viburnum nudum
possumhaw viburnum
X
X
X
X
X
X
Viburnum prunifolium
blackhaw viburnum
X
X
X
X
X
X
Viburnum rafinesquianum
downy arrowwood
X
X
X
X
Viburnum rufidulum
rusty blackhaw
X
X
X
X
X
Xanthorhiza simplicissima
yellowroot
XXX
X
X
X
* These fix nitrogen and should not be used for riparian restoration adjacent to Nutrient Sensitive Waters.
Where grasses are incorporated into the planting plan on the outside of the buffer strip,
only native grasses should be used. Native grasses produce a much more extensive and
deep root system than commonly used non - native grasses such as fescue.
Common Native Grasses
Andropogon gerardii (Big Bluestem)
Andropogon virginicus (Broomsedge)
Arundinaria gigantea (Giant Cane)
Eragrostis spectabilis (Purple Love Grass)
Panicum anceps (Beaked Panicum)
Panicum clandestinum (Deertongue)
Panicum hemitomon (Maidencane)
Panicum virgatum (Switchgrass)
Schizachyrium scoparium (Little Bluestem)
Sorghastrum nutans (Indiangrass)
Tridens flavus (Purple -Top)
Tripsacum dactyloides (Gama Grass)
Planting Density
Trees should be planted at a density sufficient to provide 320 trees per acre at maturity.
To achieve this density, approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing)
trees per acre should be planted initially. Shrubs should be planted at a density sufficient
to provide 1,200 shrubs per acre.
10
Plant Size
In many cases, the most cost effective and successful size plant material is bare root
seedlings. Some species such as the hickories do poorly as bare root seedlings and will
be much more successful as containerized seedlings. In either case, tree shelters should
be used to accelerate growth and increase survivability of seedlings. In addition,
management of competing vegetation after planting is easier, mowing and weed wacker
strikes are prevented, herbicides are isolated from trunk contact, and grazing by deer are
restricted. The use of tree shelters may only be practical from an economic standpoint for
more expensive seedlings of species difficult to establish, such as red oak. Reductions in
maintenance costs and increased seedling vigor associated with tree shelters suggest that
tree shelter plantings may be a more cost - effective approach than planting unprotected
larger material. In urban or other high visibility areas, some specimen trees and shrubs
should be incorporated into the planting plan for projects implemented by the EEP.
When live stakes or dormant cuttings are incorporated in a planting plan, choose only the
previous season's growth. Live stakes should typically be approximately 3/4 inch in
diameter and three feet long, and dormant cuttings should be approximately '' /z inch in
diameter and two feet long.
Suppliers of Native Plant Material
Local nurseries are the best option in acquiring plants that will be successful. Plants
grown from seeds or cuttings collected close to the restoration area will be the most likely
to survive and reproduce.
Planting Layout
The planting plan should indicate that trees and shrubs will be planted in a random
pattern. For inexperienced planting crews, pre - labeled flagged wires can be used to mark
the random location of plantings. These flags can also be color coded for each particular
species. Various colors of spray paint can also be used to differentiate species.
Planting Practices
When planting seedlings, it is helpful to mark the plants with colored flagging to make
them easier to locate during maintenance tasks. The flagging can also be color -coded to
mark plants that have died for replacement at a later date.
Tree protectors are also helpful for locating plants. Tree seedlings should be kept moist
and should not be exposed for extended periods of time. A correctly planted tree should
have the following general characteristics:
• Planted so that the root collar is slightly below the soil surface.
• Have the main roots nearly straight or spread out.
11
• Have soil firm around the roots.
• Have the tree in an upright postion and have it nearly even with the general
ground level, not sunk in a hole or raised on a mound.
Please note that the Neuse and Tar - Pamlico Riparian Buffer Rules allow for a one time
fertilizer application to establish newly planted vegetation. Ongoing fertilizer application
is prohibited by these rules.
Riparian Buffer Maintenance
Control of Grasses and Forbs
In the early stages of riparian buffer establishment, competition for nutrients by
adjacent grasses and forbs will substantially inhibit seedling growth. Release
from herbaceous competition has been demonstrated as the most cost - effective
method to accelerate the growth of seedlings. The plan for buffer establishment
must incorporate control of the herbaceous layer. Options for weed control include four
to six inches of well -aged hardwood mulch, weed control fabrics, or pre- emergent
herbicide. Typically, mowing to control weeds will be impractical based on the random
distribution of plantings. Weed control should be continued for three years from the time
of planting.
Areas of Concentrates Flow
During the required five year monitoring period, the riparian buffer should be inspected
for evidence of concentrated flow. If concentrated flow has begun to form, a level
spreader or other best management practice should be installed to diffuse the flow before
it enters the restored riparian buffer.
Illustrations by Karen M. Lynch
12