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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