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HomeMy WebLinkAbout20070494 Ver 2_Monitoring Report_20140901MORGAN CREEK STREAM RESTORATION SITE EEP ID # 92531 FDP CONTRACT NUMBER D06035 -A USACE ACTION ID 2008 -01057 DWQ 401 # 2007 -0494 CLOSEOUT REPORT PROJECT TYPE: STREAM & WETLAND . u a •��1 -e- � r a r Proiect Setting & Classifications Location: 35.688292, - 82.954816 County Haywood General Location 10 mi NE Waynesville Basin: French Broad Physiographic Region: Mountains Ecoregion: Blue Ridge USGS Hydro Unit: 06010106020040 NCDWQ Sub - basin: 04 -03 -05 Wetland Classification Riparian Non - Riverine Thermal Regime: Cold Trout Water: No Project Performers Monitoring Year 4 Source Agency: EEP Provider: Restoration Systems Designer: Wolf Creek En g. Monitoring Firm Wolf Creek Eng. (stream), Equinox Env. Vegetation) Channel Remediation North State Env. Plant remediation North State Env. Property Interest Holder DENR Stewardship Overall Project Activities and Timeline Milestone Month -Year Restoration Plan January 2008 Construction Plans - Final July 2008 Construction Completed January 2009 Planting Complete January 2009 Mitigation Plan / As -Built January 2009 Monitoring Year -1 December 2009 Supplemental Planting December 2009 Monitoring Year -2 November 2010 Monitoring Year 3 September 2011 Monitoring Year 4 November 2012 Monitoring Year 5 October 2013 Closeout Presentation September 2014 Page 1 of 26 Project Setting and Background Summary The Morgan Creek project was conducted for the North Carolina Ecosystem Enhancement Program (NCEEP) full delivery program. The site is within the French Broad River Basin and is within the targeted local watershed #06010106020040. Approximately 4,254 linear feet of stream was restored with approximately 9.8 acres of riparian buffers and approximately 1.06 acres of wetlands was restored/enhanced as part of the project. The Site was previously used to pasture cattle with highly degraded conditions due to unrestricted livestock access, channelization activities, and lack of riparian vegetation. The restoration approach restored proper channel dimension and allowed for appropriate sediment transport. In- stream structures were integrated to provide grade control, maintain stable stream banks during riparian vegetation development, and to provide in- stream habitat. The site has demonstrated excellent performance requiring minimal repairs however, stem loss occurred following baseline monitoring and was attributed to livestock encroachment and mowing. Supplemental planting occurred during the Year 1 (2009) monitoring season within areas that had experienced stem loss. Vegetation recovery was successful and the encroachment issues were eliminated. The Morgan Creek project is located in northeast Haywood County, approximately 12 miles north of Waynesville, in the French Broad River Basin. It is located within HUC 06010106020040, the Fines Creek watershed, which is listed as a Targeted Local Watershed (TLW) in the 2009 French Broad River Basin Restoration Priorities (RBRP) plan. Major problems noted within this TLW (2009 RBRP) include degraded (non- forested) riparian buffers, agricultural stressors (pasture and livestock), high nutrient and sediment loads and impaired aquatic habitat. Goals and Objectives The primary goals of the Morgan Creek Stream Restoration Project as stated in the Mitigation (Restoration) Plan are to: 1.) Improve local water quality within the restored channel reaches as well as the downstream watercourses through: (a) the reduction of current channel and off -sit sediment loads by restoring appropriately sized channels with stable beds and banks, (b) the reduction of nutrient loads from adjacent agricultural fields with restored riparian wetlands and a restored riparian buffer, (c) the reduction of water temperatures provided through shading of the channel by canopy species along with the resultant increase in oxygen content, and (d) restoration of select stream reaches away from adjacent roads thereby providing an appropriate buffer to reduce contaminants from vehicular traffic. 2.) Improve local aquatic and terrestrial habitat and diversity within the restored channels and their vicinity through: (a) the restoration of appropriate bed form to provide habitat for fish, amphibian, and benthic species, (b) the restoration of riparian wetlands along the stream corridor to provide additional landscape and habitat diversity, (c) the restoration of a suitable riparian buffer corridor in order to provide both vertical and horizontal structure and connectivity with adjacent upland areas, and (d) the restoration of understory and canopy species in order to provide forage, cover, and nesting for a variety of mammals, reptiles, and avian species. 3.) Preclude the construction of additional infrastructure and the combination of agricultural practices including cattle grazing and the application of pesticides and Page 2 of 26 fertilizer within the riparian buffer area by providing a permanent conservation easement. Through the proposed restoration activities, the following objectives will be accomplished: 1.) Provide approximately 3,748 stream mitigation units (SMU's) through Priority 1 and 2 restoration of approximately 3,483 linear feet of stream and enhancement of approximately 530 linear feet of stream. 2.) Restore natural stable channel morphology and proper sediment transport capacity. 3.) Create and/or improve bed form diversity and improve aquatic and benthic macroinvertebrate habitat. 4.) Construct a floodplain (or local bankfull bench) that is accessible at the proposed bankfull channel elevation. 5.) Improve channel and stream bank stabilization by integrating in- stream structures and native bank vegetation. 6.) Provide approximately 0.83 wetland mitigation units (WMU's) through restoration of approximately 0.60 acres of wetlands and enhancement of 0.46 acres of wetlands. 7.) Provide approximately 9.5 acres of riparian buffer by establishing a native forested and herbaceous riparian buffer plant community within a minimum width of 30 feet from the edge of the restored channels. This new community will be established in conjunction with the eradication of any existing exotic and/or undesirable plant species. 8.) Improve water quality within the subject channels and the downstream receiving waters. 9.) Supplement the education and conservation efforts for natural resources in Haywood County as indicated in program goals for the local Soil & Water Conservation District and the NC Cooperative Extension Service. Success Criteria Morphologic Parameters and Channel Stability Success criteria context provided by NCEEP Mitigation Plan Document Guidance: Restored and enhanced streams should demonstrate morphologic stability to be considered successful. Stability does not equate to an absence of change, but rather to sustainable rates of change or stable patterns of variation. Restored streams often demonstrate some level of initial adjustment in the several months that follow construction and some change /variation subsequent to that is also to be expected. However, the observed change should not be unidirectional such that it represents a robust trend. If some trend is evident, it should be very modest or indicate migration to another stable form. 2. 1.1 Dimension Cross - section measurements should indicate little change from the as -built cross - sections. If changes do occur, they will be evaluated to determine whether the adjustments are associated with settling and increased stability or whether they indicate movement towards an unstable condition. The following thresholds will be considered indicators of concern: • Width/depth ratio increases more than 10 percent, Page 3 of 26 • Bank height ratio increases more than 25 percent. Pattern and Profile Measurements and calculated values should indicate stability with little deviation from as -built conditions and established morphological ranges for the restored stream type. Annual measurements should indicate stable bed -form features with little change from the as -built survey. The pools should maintain their depth with flatter water surface slopes, while the riffles should remain shallower and steeper. The following thresholds will be considered indicators of concern: • Riffle slope increases more than 50 percent, • Profile scarp formation greater than 20 percent of mean depth, • Pool maximum depth decreases more than 20 percent, • Pool /riffle feature shifts along the profile of more than the equivalent of one bankfull width. Substrate Calculated D5o and D84 values should indicate coarser size class distribution of bed materials in riffles and finer size class distribution in pools. Generally, it is anticipated that the bed material will coarsen over time. The following thresholds will be considered indicators of concern: • D50 or D84 value decreases more than 30 percent, • Percent sand increases more than 50 percent. Sediment Transport Depositional features should be consistent with a stable stream that is effectively managing its sediment load. Point bar and inner berm features, if present, should develop without excessive encroachment of the channel. Lateral and mid - channel bar features should typically not be present and if so only in isolated instances. Vegetation Riparian vegetation monitoring shall be conducted for a minimum of five years to ensure that success criteria are met per USACE guidelines. Accordingly, success criteria will consist of a minimum survival of 320 stems per acre by the end of the Year 3 monitoring period and a minimum of 260 stems per acre at the end of Year 5. If monitoring indicates either that the specified survival rate is not being met or the development of detrimental conditions (i.e., invasive species, diseased vegetation), appropriate corrective actions will be developed and implemented. Hydrology Surface water monitored data and calculated return intervals should indicate the occurrence of a bankfull event during a minimum of two of the five monitored years. It should be noted that Tropical Storm Fay (August 2008) produced an approximate 3/4 bankfull flow event while construction was underway. The project also experienced a half- bankfull event on December 11, 2008. Ground water hydrology success criteria for the five -year monitoring period will include a minimum regulatory criterion, comprising saturation (free water) within one foot of the soil surface for 5 percent of the growing season. Page 4 of 26 Asset Table Restoration Segment /Reach Pre — Construction (acreage /linear feet) Mitigation Approach Watershed Acreage As -Built Linear Footage /Acreage Mitigation Ratio Mitigation Units (SMU /WMU) STREAM Wetland Buffer Nutrient Offset Units Units Morgan Creek 892 R 454 900 1.0 900 Morgan Creek 340 R 454 340 1.0 340 Morgan Creek 1402 R 454 1438 1.0 1438 Morgan Creek 141 E1 454 141 1.5 94 Morgan Creek 213 R 454 212 1.0 212 North Branch 288 R 77 296 1.0 296 North Branch 63 R 77 66 1.0 66 Lower North Branch 2 R 115 254 1.0 254 Middle Branch 148 E1 2.6 148 1.5 99 Middle Branch 154 E1 2.6 154 1.5 102 South Branch 197 R 3.8 205 1.0 205 South Branch 115 E1 3.8 115 1.5 77 WETLAND Restored Areas NS R NS 0.6 1.0 0.6 Enhanced Areas NS E NS 0.46 2.0 0.23 MITIGATION UNIT TOTALS Stream Mitigation Riparian Non - riparian Total Riparian Units (SMU) Wetland Wetland Wetland Buffer Nutrient Offset Units Units (WMU) 4,083 0.83 0 0.83 0 0 Page 5 of 26 .: •- -..' '�� i .. PREPARED FOR. Y 4• .. x ® r ° •, . . rI PREPARED BY: so N^ • '• .r , MIDDLE BRANCH •1J s BRANCH MORGAN +1 ' I @ CREEK AND BY: IF MORGAN CREEK ,1 KIRKPATRICK COVE ROAD i Frcun y � f LOWER NORTH ` 4E)(8IS CHIP � NJ-'-, STREAM RESTORATION BRANCH ' ' i.if EXISTING 60" x 36" ELLIPTICAL CMP EXISTING t �: LEVEL I ENHANCEMENT 42" CMP G. 1E A r r STREAM CROSSING (FORD) STREAM CROSSING (PIPED) NORTH BRANCH EASEMENTT ON 4 SITE MAP 200 0 200 600 MORGAN CREEK RESTORATION SITE .- s� T HAYWOOD COUNTY, NORTH CAROLINA SCALE IN FEET 'r" ' FIGURE 2 t' !tires' 1' �• �� {, _ � • ku G" e eh PREPARED FOR: PREPARED BY: AND BY: SCALE WATERSHED MAP <� 500 0 1000 3000 MORGAN CREEK RESTORATION SITE em "Y•oif re_e HAYWOOD COUNTY. NORTH CAROLINA l'.n rnctzi r / FEET FIGURE 2 Page 7 of 26 PREPARED FOR: wwPREPARED BY: KV I= nE2 )2 FnE2 GXA Fn E2 LEGEND �\ EXISTING STREAM SOIL BOUNDARY APPROXIMATE PROJECT BOUNDARY Page 8 of 26 CxA Cullowhee— Nikwasi Ds6 Dillsboro Loom EVE EVard —Cowee Complex FnE2 Fannin Loam HoD2 Hayesville Clay Loom SdD Sounook Loam Ud Udorthents r � } SOIL MAP 200 0 200 Z 60C MORGAN CREEK RESTORATION SITE . . - HAYWOOD COUNTY, NORTH CAROLINA SCALE IN FEET FIGURE 3 Page 8 of 26 —SDLrrH ORANCIA P-4, NO. 4 EXTH EMCH vam I R- usom " HEAD Off r INDMWO 9DLffH 3 PO r —_ TH&WEG 14 .. . I -FiTH ER Q" 0. /J EXTH EMCH vam I R- usom " r/ HrP"T Yi 4 1}; wo -A t Rf FWF"T WE 1}; in. A ;.1— A,.!4 -ma smxnm M EMOMFE m pw 1&E', FLDT- MDMVRK Mims CHEDf. MR m - 'k HT L rtur Al Trilrr PPLA zc� DN PlIffiffolcl PD&T i ou wmww, in vam I R- usom " pp9 HrP"T Yi 4 1}; wo -A mUft Rf FWF"T WE 1}; in. A ;.1— A,.!4 -ma smxnm M EMOMFE m pw ULM STMLE m-L . -K-r' ff ' L UMMATE CMWW� 6 ma cmm4m MA LT 193- i_. T"Ll nA M MIL )L!L TDA S I S! msv.!bLm rm ncmrmT a Tmw 41 4;v&,o .-�c m NCFWW Q i 77i LW 15 - Page 9 of 26 -UMUL Dpu4u- 0&-EIMLT TWLM W—WLT &INK AF,411JLT Fjw DEWA EMMUME FMm-1 REMTM AMAK MHMWMbM -ma smxnm M EMOMFE m pw ULM STMLE ON DWMRM 0 UMMATE CMWW� 6 ma cmm4m e-E,.T OTLAN CFEEII -74LI&T FFE—"DHSTRUCnDPJ WORCAM MEEK Page 10 of 26 NO AREki= OF '—'Kr "Ch THS SHEET .L�� Oxiol UMME GMANAL 7dYM12 AS-DAT THWE -,c-BXT EMY .qis-mLr rip [F-CU CDffSLhE vEnA4D RMI-Wnh )*TUM 004&EUDrr ROM 9MUME = STkMIRE 0 Inn W-111 cum IMPLE Lavi owuw WA31ATE COKSM HIGH MKOM LcNm3 lc REAM m wim A!3-& r f f "I cR£FF5 � 'I k +r i ft' rm w Rif PS faA f4T1u ¢TI Dam III} 9.E51M n Q3 V � I-plA£ )ZDW.M mamMm mail R P A REM X34M: sumlu WI;?M Pia P{aa6i7 PIM )]La1TiD Q 174 W41M PM LT FARE IT. )ROMP W5M4J'4 2144Si F*� Rj i s )www MUZ#de 3k aM PR 5 °I -i%T AM TM-2.4 *5114 6' I M"." PH LT -:Li; 7.''}F'fW' 1 37aA KI If L-1 ram ,+ mmo-a, I a&" FFa I 1 -r FT M0. ! .mvA3r I m*jb ,w Page 11 of 26 �'• w AFE {1 c 1 5 1 _ -E_ F E y'S 1M -, -HEEE — LECENI 3A ME DRUW1COMA - M -r.LLT TH"U. - A&-3ILT FJMP. *—ELIT Ff ° — DEWA E£+TPUI# Q gmm:1 PESmTm WMAM� rh w rmw 55'�Y vkrxi- :D,WDeE Ip(-. qI- IIfRIVE ECH WD 0 rnsLE ON OYCE:w WAI CMUM4 z 9 Morgan Creek Stream Restoration Site Hay—.d County., NC Profile - Morgan Creek Profile 1000 1050 1100 1150 1200 1250 1300 1350 1400 1450 1500 'reek Stream Restor Haywood County, NC Profile - Morgan Creek Profile iz w 2560 2555 2550 —As -Built bed Year 2 Bed 2 Year 3 Bed Yea r4 Bed —Y— 5 Bed stalloq (111 2000 2050 2100 2150 2200 2250 2300 2350 24170 24EO 2500 2505 Morgan Creek Stream Restoration Site 2580 Haywood Counry, NC 2595 2590 2570 25&5 __. 2585 —AS -Built Bed Profile —Yea r2 Bed 2 Yea r3 Bed 2575 Yea r4 Bed x a —Year 5 Bed staii 257& 1000 1050 1100 1150 1200 1250 1300 1350 1400 1450 1500 'reek Stream Restor Haywood County, NC Profile - Morgan Creek Profile iz w 2560 2555 2550 —As -Built bed Year 2 Bed 2 Year 3 Bed Yea r4 Bed —Y— 5 Bed stalloq (111 2000 2050 2100 2150 2200 2250 2300 2350 24170 24EO 2500 Morgan Creek Stream Restoration Site Haywood County, NC Profile - Morgan Creek Profile � r IL 2545 2540 —AS -Built Bed 2�' —Year2 Bed -Year3 Bed 2530 Year4 Bed _ 2525 —Year 5 Bed Stan.. (H) 2500 2550 2600 2650 2700 2750 2000 2,350 2900 2950 3000 Page 12 of 26 Morgan Creek Stream Restoration Site Haywood Counry, NC Pofile - Morgan Creek 2570 25&5 —AS -Built Bed Profile 2`'� —Year3 Bed Year4 Bed x a (� 1500 1550 1600 1650 1700 1750 1800 1850 1900 1950 2000 Morgan Creek Stream Restoration Site Haywood County, NC Profile - Morgan Creek Profile � r IL 2545 2540 —AS -Built Bed 2�' —Year2 Bed -Year3 Bed 2530 Year4 Bed _ 2525 —Year 5 Bed Stan.. (H) 2500 2550 2600 2650 2700 2750 2000 2,350 2900 2950 3000 Page 12 of 26 2500— — 2575 �. 2570 25&5 —AS -Built Bed —Year2 Bed — 2`'� —Year3 Bed Year4 Bed —Year 5 9ed 5€a0 (� Morgan Creek Stream Restoration Site Haywood County, NC Profile - Morgan Creek Profile � r IL 2545 2540 —AS -Built Bed 2�' —Year2 Bed -Year3 Bed 2530 Year4 Bed _ 2525 —Year 5 Bed Stan.. (H) 2500 2550 2600 2650 2700 2750 2000 2,350 2900 2950 3000 Page 12 of 26 :reek Stream Restor Haywood County, NC R.N. - Margan Creek Prohle x' 6 353§ 3534 2525 2520 — A,BUitt D. 15 —Year 2 Bed 2510 - Year 3 Bed Year Bed 2545 —Year 5 Bed SLffiio 611 2506 3000 3050 3100 3150 3200 3250 3390 3350 3400 3450 3500 Morgan Creek Stream Restoration Site Haywood County, NC P.M. - Margan Creek Profile x 2514. —^ 2 §10 2505 — AS -BUitt Betl 2500 —Year 2 Bed 2495 Yea r3 Bed Year4 2 Bed 490 - - - 2485 - —Year 5 Bed Sta[ion�' Iffy 3500 3550 3600 3859 3700 3750 3800 3 &80 3900 3950 4 000 Morgan Creek Stream Restoration Site Ha}"WOad COanty, NC Profile Reach 7 -North Branch North 13ranetr Profile 262(1 2618 � —As -Built Bed Year 2 Bed 2616 Year 3 Bed 2614 � Year4 Bed 2 —Yew 5 Bed 2612 a 261D a V, 2608 2606 2604 � r 2692 26D6 - 1000 1020 1040 1660 1080 1100 1120 114 0 1166 1180 1200 7220 5[ation {ft) Page 13 of 26 Morgan Creek Stream Restoration Site Haywood County, NC Year 3 Bed ' Profile - Morgan Creek Profile —Years Betl 9 9[aDO. ( X2530 42525 2520 2515 2510 2505 2500 —AS -Built Bed 2495 Year2 Bed 2490 2485 2d80 4000 4050 4100 4150 4200 4250 4300 4350 4400 4450 4500 Morgan Creek Stream Restoration Site Haywood County, NC P.M. - Margan Creek Profile x 2514. —^ 2 §10 2505 — AS -BUitt Betl 2500 —Year 2 Bed 2495 Yea r3 Bed Year4 2 Bed 490 - - - 2485 - —Year 5 Bed Sta[ion�' Iffy 3500 3550 3600 3859 3700 3750 3800 3 &80 3900 3950 4 000 Morgan Creek Stream Restoration Site Ha}"WOad COanty, NC Profile Reach 7 -North Branch North 13ranetr Profile 262(1 2618 � —As -Built Bed Year 2 Bed 2616 Year 3 Bed 2614 � Year4 Bed 2 —Yew 5 Bed 2612 a 261D a V, 2608 2606 2604 � r 2692 26D6 - 1000 1020 1040 1660 1080 1100 1120 114 0 1166 1180 1200 7220 5[ation {ft) Page 13 of 26 Year 3 Bed ' Year4 Bed —Years Betl 9 9[aDO. ( (� 000 Morgan Creek Stream Restoration Site Ha}"WOad COanty, NC Profile Reach 7 -North Branch North 13ranetr Profile 262(1 2618 � —As -Built Bed Year 2 Bed 2616 Year 3 Bed 2614 � Year4 Bed 2 —Yew 5 Bed 2612 a 261D a V, 2608 2606 2604 � r 2692 26D6 - 1000 1020 1040 1660 1080 1100 1120 114 0 1166 1180 1200 7220 5[ation {ft) Page 13 of 26 0 1166 1180 1200 7220 5[ation {ft) Page 13 of 26 Page 13 of 26 ia L v w Riffle Cass Section -40 -31 27 C 0 10 20 351 40 50 Station (ft) --As -built —Year 1 —Year 2 — Year 3 Year 4 —Year 5 —BKF C C iR c v w Pool Crc" 8aation -25 -11 5 5 15 25 35 45 55 65 7E #Lion to Pool Cross Section -25 15 35 55 75 Station {ft} Page 14 of 26 —,jo�III: vw •1 wear 2 Yew 3 Yew 4 — Ifew 5 @ L= —As-built —Year 1 —Year 2 —Year 3 Year 4 —Year 5 —BKF 2562 = • 2KF 25513 2556 -25 15 35 55 75 Station {ft} Page 14 of 26 —,jo�III: vw •1 wear 2 Yew 3 Yew 4 — Ifew 5 @ L= —As-built —Year 1 —Year 2 —Year 3 Year 4 —Year 5 —BKF i•A C .c w Riffle Cross Section -17 -7 13 23 33 43 53 Station (ft) —As -built —Year 1 aK —Year 2 —Year 3 m Year 4 w —Year 5 —BKF 2536 Pool Cross Section -7 3 133 33 43 53 63 73 Station (ft) Page 15 of 26 Foal Grc" Seatfon i31,8 E - 5f3 75 Mail o r, I tt} As-built --- Year 1 Year 2 —Year 3 Year4 —Year 5 — BKF —A V ear 1 Y eY i Yem 3 v 5m 4 �Yem� BK 2612 . -KF 2610 _ W i Riffle Cross Section ZkD 26 IV I 2CI K 40 —As=guilt Date of Occurrence o Bankfull Event —Year 1_ Method of Data Collection —Year 2 Spring 2009 —Year 3 t} Year4 } 0.8 W: year F Simmier 2009 6KF Crest Gauge Table VIII. Verification of Bankfull Events Pawl Cross Section. • BK: 8 .8 2& 3: 4. Station (ft) Date of Data Collection Date of Occurrence o Bankfull Event Height Above Bankfull (ft) Method of Data Collection 6/16/09 Spring 2009 At Bankfall Debris evidence at bartkfall 719109 7/8/09 0.8 crest Gauge 10/6109 Simmier 2009 0.6 Crest Gauge 9/7111 Stuiatner 2011 0.3 Crest Gauge and Debris evidence 9/18/13 Simmer 2013 0.8 Crest Gauge and Debris evidence Page 16 of 26 —As-built —Year 1 —Year 2 — Year 3 Year 4 —Year 5 BKF Table VII. Morphology and Hydraulic llotutoring Summary Morgan C:reek Stream Restoration Site (DO6035 -A) Reach 1: A10rg.an Creek Parameter Gross Section RF1 Riffle Cross Section PL1 Pool Dime3Aon MYl MY2 ViY3 MY4 MY5 MY+ MiYl MY2 MY3 1`•fY4 MY5 MY+ Dimension MYl MY'_ MY3 MY4 MY5 MY+ MYl MY2 ViY3 MY4 MY5 1.1'1 - Bkf Width (ft) 12.9 13 14.2 12.4 9.8 15.6 14.0 13.9 15.1 15.2 9.8 33 Floodprone Width (ft) 63 63 63 63 63 - - - - - - 10.6 Bkf Gross Sectional Area (ft') 11.4 11.6 8.7 6 9.1 19.9 13.4 12.5 10.8 11.6 9.8 0.7 BE Mean Depth (ft) 0.9 0.9 0.6 0.5 0.9 1.3 1.0 0.9 0.7 0.8 0.7 1.5 Bkf V1ax D (ft) 1.3 1.3 1.4 1.2 1.9 - 1.5 1.4 1.7 1.7 2 19.8 Width,-Depth Ratio 14.6 14.6 23.3 25.9 10.6 - - - - - 1 2.5 Entrenchment Ratio 4.9 4.9 4.4 5.1 6.4 - - 1.0 1.0 Bank Height Ratio 1.0 1.0 1.0 1 1 - - Wetted Perim* (ft) H ydraulic Radius (ft) Hydraulic Radius (ft) Substrate Substrate D, (mni ) 51 26 Di,a (mm ) 94 17.6 6.7 0.1 14.9 D64 (mm ) 139 109 D64 (M-1 207 122 81 1 1 127 Table VII. 3lorphologr- and H ydraulic Monitoring Sumrnar% Alorgan C:reek Stream Restoration Site (DO6035 -?L) Reach 2: Morgan Creek Parameter Cross SectionRF2 Piffle Cross Section PL2 Pool Dime3Aon MYl MY2 ViY3 MY4 MY5 MY+ MiYl MY2 MY3 1`•fY4 MY5 MY+ Bkf Width (ft) 13.3 14.1 13.5 13.9 13.8 14 -9 151 16.3 15.6 16.3 1; .1 14.5 FloodproBe Width (ft) 33 33 33 33 33 36 - - - - - - Bkf Gross Sectional Area (ft`) 12 10.6 9.8 112 9.9 12.4 21.8 111.2 19.9 18.5 12.2 9.5 BU Mean De (ft) 0.9 0.7 0.7 0.8 0.7 0.8 1.4 1.2 1.3 1.1 0.7 0.`+ Bkf Vlax D . (ft) 1.6 1.5 1.6 1.7 1.7 1.8 ' , 2.1 - 1.7 1.9 1.5 Width;Depth Ratio 14.8 19.8 18.9 17.2 19.1 18 22.8 22.3 - - - Entrencbment Ratio 2.5 1 2.5 2.4 1 2.4 2.4 2.4 1 2.1 2.2 - Bank Heisht Ratio 1.0 1.0 1.0 1.0 1 1.0 1.0 1.0 - Wetted Perimeter (ft) Wetted Perimeter (ft) H ydraulic Radius (ft) Hydraulic Radius (ft) Substrate Subsmate D, (mni ) 51 26 20 1.3 47 is 2 51 D64 (mm ) 139 109 104 151 113 98 100 109 Table VH. Nlorpholog4- and Hydraulic Monitoring Summat•y llorgau C:reek Stream Restoration Site (D06035 -A) Reach 3: Morgan Creek Parameter Gross Section RF3 Riffle Crass Section PL3 Pool Dimension MYl MY2 NIY3 &f§'4 MYS MY+ MY1 MY2 VIY3 MY4 MY5 MY- Bkf Width (ft) 14.6 14.9 14 -9 17.1 16.5 14.9 13.4 14.5 15.6 14.6 Floodprone Width (ft) 36 36 36 36 36 - - - - - Bkf Cross Sectional Area (ftj 15.3 12 -3 12.4 12.8 12.3 11.8 10 9.5 9.7 8.4 BE Mean Depth (ft) 1 O.S 0.8 0 -7 0.7 0.8 0.7 0.`+ 0.6 0.6 Bkf Niax Depth (ft) 1.9 1.7 1.8 1.9 2.1 12 1.1 1.5 1.5 1.4 Width,De th Ratio 14 13 18 22.8 22.3 - - - - - FntrenfibuaentRatio 2.5 1 -1.5 2.4 1 2.1 2.2 - - Bank Height Ratio 1.0 1.0 1.0 1.0 1.0 - - Wetted Perimeter (ft) Hydraulic Radius (ft) Subsmate Dso(mm ) 44 39 is 2 51 D64 (mm) 132 104 98 100 109 Page 17 of 26 Table VII. Morphology and Hydraulic Alonitoring Summary Mor g"tn C reek Stream Restoration Site (DO6035 - -i.) Reach 4 Morgan Creek Par' a lnetel C4nss SectionRM Riffle Cross Section PL4 Pool Dimension MY1 MY2 MY3 1wfY4 MY5 MY- NfY1 MY2 -� 3 MY4 MY5 MY+ Bkf Width (ft) 15.7 15.7 153 16.1 15.6 15A 16.9 16:9 17 16.4 Floor one Width (ft) 44 44 44 44 44 - - - - - Bkf Cross Sectional Area Fftx) 14.1 18.2 183 17.5 16.1 1 183 24.5 1 5 19.2 16.9 Bkf Mean D (ft) 1.2 1.2 1.2 1.1 1 1.2 1.2 1 -: 1.1 1 Bkf Max De (ft) 2.0 1.9 2 1.8 2.4 2 1 2.4 8.6 2.3 2..3 Width.'De th Ratio 12.9 13.5 12.8 14.8 15 - - - - - Entrenchment Ratio 2.8 1 2:8 2.9 1 2.7 2.8 - - Bank Height Ratio 1.0 1.0 1.4 1.0 1.4 - - Wetted Perimeter (ft) Hydraulic Radius (ft) Substrate D,, (mm) 50 50 14 1 60 DS4 (nom ) 144 103 63 75 47 Table NM. Morphology and Hydraulic Alonitoring Summai -a. _Morgan. Creek Stream Restoration Site {DO6035A) Reach 5: North Branch Paz ameten CSoss Section RF5 Rime Cross Section PL5 Pool Dimension MY1 MY' MY3 MY4 MY5 MY+ NfY'1 hf42 - Y3 MY4 MY5 hfY-+ BU Width (ft) 8.6 1.1 7.5 9 -5 9.3 8 -4 7.9 8.2 10 7.6 Flood rune Width (ft) 22 22 22 22 22 - - - - - Bkf Cross Sectional tires (ft) 4.5 3.9 4 -1 2.9 8 -7 6.7 7.8 4.2 5.6 Bkf Mean De (ft) 0.5 0.6 0.5 0.4 0.3 1.0 0.9 1 0.6 4.7 Bkf Max Depth (lt) 1.0 0.9 1.1 1.1 1 1.9 1.4 8.6 1.1 1.3 Width-'Depth Ratio 16.5 12.9 15.2 22.1 29.9 - - - - - Entrenchment Ratio 2.6 1 2.6 2.9 1 2 -2 2.36 - - Bank Height Ratio 1.0 1.0 1.0 1.0 1.0 - - Wetted Perimeter (ft) H *aulic Radius (11) Substrate D, (ram) 31 51 23 0.1 28 Ds¢ Form 177 160 108 4 57 Page 18 of 26 Vegetation Data BARE ROOT PI—ANTINGS Botanical Name Common Name Total Stems Planted Acer saccharum Sugar Maple 425 Amelanchier laevis Smooth. Serviceberry 425 Aronia arbutifolia CIiokeberiy 125 Betula nigra River Birch 100 Ca inns carohniana Ironwood 525 Comus amotnum SU), Dogwood 125 Fa us grandifolia var. grandifOlin American Beech 425 Halesia tehaptera var. tetra sera Common SilveTbell 425 Hamarnelis virginiana Witch Hazel 700 Lindera benzoin var. benzoin Spicebush 700 Liriodendron tulipffera var. tulipifera Tulip Poplar 525 Platanus occiden talis var. occidentahs Sycamore 100 aiercus m on tana Chestnut 0,91- 425 Querc-us nibra var. nibra Nwthem Red Oak- 425 Sassaftas albidian Sassafras 425 Dim americans Basswood 425 Tsuga canadensis Eastern Hemlock 300 LIVE STAKES Botanical Name Common Name Total Stems Planted Cornus amotnum S , Dogwood 700 salix nigra Black Willow 700 Satnbucus canadensis ElderbeiTy 300 Plot Date Sarnoed Planted Living Stems )ead UT Missing Stems Volunteer 7tfms 101.11 Uing �Iem: Avenge rem- Per AC re = �pedes 10/312013 0 12 4,96 8 2 io/2/2on is 2 1 19 769 8 3 10/3/2013 9 2 0 9 364 5 4 10/x/2013 7 3 0 7 293 6 5 10POM 1fl 2 0 10 -ICIS 6 6 10!jx0l{ 1C 0 C, - ®1 -Ios 0 Page 19 of 26 Wetland Data: Year 5 (2013)Well Data Summary of Wetland Criteria Attainment Well Hydrology Threshold Met? 11-ell consecutlV a 2011 2012 2013 % of Comment GW #1 Hydrology Day s of Y/146/83% Tract M ell ID GW #2 Grog ilig N/7/24% Y/60/34% I ireshold Hydrology GW #3 Y/21/39% N/5/12% Y/9/5% season ile# Y/86/93% Met`' Met ci'VV1 Yes 1�5 100 Y/15/37% Installed 2013 GW #6 Y/15/37% Installed 2013 Summary of Wetland Criteria Attainment Well Hydrology Threshold Met? 2009 2010 2011 2012 2013 (Threshold Met (Y or N) /Consecutive Days of Hydrodolgy Met/ % of Growing Season Met Comment GW #1 Y/175/100% Y/176/100% Y/146/83% Y/127/94% Y/175/100% GW #2 N/0/0% N/7/24% Y/60/34% Y/79/59% Y/17/74% GW #3 Y/21/39% N/5/12% Y/9/5% Y/47/35% Y/86/93% GW #4 N/A Y/33/35% Well installed (2012) but failed GW #5 Y/15/37% Installed 2013 GW #6 Y/15/37% Installed 2013 Page 20 of 26 EEP Recommendation and Conclusion Hydrology Following the completion of construction in January of 2009, the Site has been subjected to at least five bankfull or greater events. The portions of the southwest region of the state experienced rainfall well above normal during the spring of 2009. In July of 2009 a high rainfall event resulted in high water at 0.8 ft. above bankfull or 1.6 times maximum channel depth. No bankfull or greater- than - bankfull flows were recorded during the second year of monitoring (2010). One greater- than - bankfull flow was recorded during the third year of monitoring (2011). No greater- than - bankfull events were recorded during the fourth year of monitoring (2012). One greater- than - bankfull flow was recorded during the fifth year of monitoring (2013). Stream The stream reaches have managed the high -flow events of the first five years. Visual inspection of the Site following the bankfull event in June of 2009 revealed no noticeable adjustments in the bed or bank. The overbank event in July of 2009 resulted in noticeable adjustments in many of the riffles. The overall grade of the channel has been maintained, while there are numerous local adjustments in the riffles and pools. These adjustments appear to be consistent with the channel form and have generally not affected structure stability or function. The Year 5 monitoring visit showed that the bed has remained stable since the Year 4 monitoring visit. Vegetation Native woody and herbaceous species were used to establish, at minimum, a thirty -foot riparian buffer on each side of the restored reach. Herbaceous species have successfully established throughout the entire site. On -site sod transplants used to reconstruct the channel banks are well established and show evidence of vigorous growth. Riparian buffer planting exhibits a high survival rate, with an average density for planted living stems at the end of Monitoring Year 5 of 425 stems per acre. Wetland Wetland hydrology criteria was met on two of three groundwater gauges in the first year of monitoring, one of the three gauges in the second year, three out of three the third year and fourth year. The newly installed groundwater gauge (GW4) was installed in the spring of 2011. Although a maintenance site visit was conducted to service the groundwater gauge during Year 4, no data was recovered due to gauge failure. During the fifth year of monitoring, groundwater gauge four was replaced and two new gauges were installed (See Appendix A for gauge locations). Five out of six gauges met criteria during the fifth year of monitoring. Overall, the Site has met wetland hydrology criteria. In summary, The Morgan Creek restoration site has successfully met the performance criteria outlined in the original mitigation plan as a result of restoration activities. EEP recommends submitting the project for regulatory closure to generate 4,083 SMUs and 0.83 riparian WMUs. Contingencies There are no contingencies at this time. Page 21 of 26 Pre - Construction Photos Pre Construction 2008 Post - Construction Photos Post Construction 2013 Page 22 of 26 Appendix A: Watershed Planning Summary 92531— Morgan Creek (French Broad) Watershed Characteristics Overview The Morgan Creek project is located in northeast Haywood County, approximately 12 miles north of Waynesville, in the French Broad River Basin. It is located within HUC 06010106020040, the Fines Creek watershed, which is listed as a Targeted Local Watershed (TLW) in the 2009 French Broad River Basin Restoration Priorities (RBRP) plan. Morgan Creek flows into Fines Creek approximately 300 feet downstream of the project site; Fines Creek then flows approximately 3.5 miles downstream, where it enters the Pigeon River. Neither Morgan Creek nor Fines Creek is on the 2012 North Carolina 303(d) list of impaired waters. However, the 2014 Draft 303(d) list includes the full length (9.7 miles) of Fines Creek as impaired due to a low (fair) fish community rating. There are no High Quality Waters (HQWs) or Outstanding Resource Waters (ORWs) in the Fines Creek TLW. Seven percent of the watershed area is in protected Conservation Areas. The 2009 RBRP identified 12 Natural Heritage Element Occurrences (occurrences of rare plants and animals or unique natural communities) within the TLW. The 35- square mile TLW is 15% agricultural, 80% forested (including wetland areas) and four percent developed. Major problems noted within this TLW (2009 RBRP) include degraded (non- forested) riparian buffers, agricultural stressors (pasture and livestock), high nutrient and sediment loads and impaired aquatic habitat. Links to Watershed Goals and Objectives The Morgan Creek project includes stream and buffer restoration and enhancement along approximately 4,000 linear feet of Morgan Creek (pre- restoration length), as well as riparian wetland restoration/enhancement amounting to approximately 1 acre. The Morgan Creek Restoration Plan (Restoration Systems and Wolf Creek Engineering, 2008) addresses several project - specific stressors, including incised stream channels (historically dredged /straightened), impacted riparian buffers, livestock grazing (and historical access to streams), land clearing for new residential development, and degraded in- stream habitat. The project contributes to the following goals and objectives: - Increasing filtration/removal of sediment and nutrients through riparian buffer establishment and reconnection of the stream channel to its floodplain; - Improving local aquatic and terrestrial habitat through restoration of riparian wetlands, restoration of the riparian buffer corridor and restoration of in- stream bed form; - Stabilizing channels and stream banks, and reconnecting stream to floodplain; - Restoring stable channel morphology and sediment transport capacity; - Establishing riparian buffer through planting of a native forest and herbaceous plant community. These project - specific actions, combined with the agricultural BMPs noted below, should contribute to significant water quality and aquatic habitat improvements within Morgan Creek and throughout the entire Fines Creek watershed. Watershed Summary There are no other EEP mitigation projects within this HU. There are eight agricultural BMP sites in the watershed (per 2014 documentation by the NC Division of Soil and Water Conservation), including five pasture renovation projects, a stock trail upgrade project, alternate watering sources (trough or tank) and stabilization of an animal heavy -use area. f Card s w6+9S 0.- 'aa ewe eV5 P �b rn� P11— River ( 'a rirrrrceme meek � � L � ^ate Morgan Creek a— C-1, ❑ 'o"C,eek C— C. k ��Cryaf ._,cg— Pdrer P '-� - field Fork tam . a Legend aReaene h�a °� h an 4 Q EEP Projects (Tier 1) 2614 Closeouts `-"` C,•a P'�'Fn�� e 5 U EEP Projects (Tier 10 C Agricultural BM Ps 2 s ♦ CWMTF Projects a ° 319 Projects h q C Catalog Units EE P Lo cal Watershed P fans EEP 2014 Project Closeout EEPTargeted Local Watersheds 0 0.75 1.5 3 r Morgan Creek (French Broad 06010106) Miles County Boundaries 1 "c Jsyste111 APPENDIX B — Land Ownership and Protection SITE PROTECTION INSTRUMENT The land required for the construction, management, and stewardship of this mitigation project includes the following parcel: Grantor County Site Protection Instrument Deed Book & Page Number Acreage protected James M. Ferguson Haywood Conservation 692/548 10.24 Easement M IWeRa 104 19 UV IU IFReKT44 04 ►A I WII l`►1 Upon approval for close -out by the Interagency Review Team (IRT), the NC DENR Stewardship Program will be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. PDF property documents including the recorded deeds and plats associated with this site are located on the EEP portal at: http: // portal. ncdenr .org /c /documents library /get file ?p 1 id= 60409 &f6lderld = 11706724 &name= DLFE- 64775.pdf APPENDIX C - Jurisdictional Determination & Permits U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2008 -01057 County: Haywood GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Restoration Systems, LLC, Attn: Mr. John Prever Address: 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Telephone No.: (919) 755 -9490 Size and location of property (water body, road narne /number, town, etc.): The project area is located on Kirkpatrick Road near Waynesville, Haywood County, North Carolfuna. Coordinates for the site are 35.6881 north and 82.9547 west. Description of projects area and activity: The permittee is authorized to impact 0.051 acre of wetlands and 3,813 linear feet of streams (Morgan Creek, South Branch, Middle Branch, and North Branch) in order to perform enhancement and restoration activities. All work will be conducted in accordance with the restoration plan dated January 23, 2008, and all supporting information sumbitted with this plan. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, the conditions in the attached letter from the North Carolina Wildlife Resources Commission, 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 (919) 733 -1786) 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 /permits. If there are any questions regarding this verification, any pf the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Lori Beckwid,fat 828 - 271 -7980. Corps Regulatory Official: uLori Beckwith f Date: June 2 2_008 Expiration Date of Verification: June 2, -2- 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 detemrination 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 jurisdictional determination issued—. Action ID Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and they abut stream channels that exhibit indicators of ordinary high water marks. The stream channels on the property are Morgan Creek, South Branch, Middle Branch, North Branch; these waters flow into the French Broad River. The French Broad River is a Section 10 water. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). 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 Program Attn: Lori Beckwith, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 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 within 60 days from the Issue Date below. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: Lori Beckwith Issue Date: June 2, 2008 Expiration Date: Five years from Issue Date 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 Furnished: Restoration Systems, LLC, Attn: Mr. M. Randall Turner, 1101 Hayes Street, Suite 211, Raleigh, NC 27604 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 visit ht tp : / /regulatory.usacesurvey.com/ to complete the survey online. Permit Number: 2008 -01057 Permit Type: NW27 Name of County: Haywood Name of Permittee: Restoration Systems, LLC, Attn: Mr. John Preyer Date of Issuance: June 2, 2008 Project Manager: Lori Beckwith Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW -RG -A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Please note that your permitted activity is subject to a compliance inspection by an 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 conditions of the said permit, and required mitigation was completed in accordance with the pen-nit conditions. Signature of Permittee Date G Applicant: Restoration Systems, LLC, Attn: File Number: 2008 -01057 Date: June 2, 2008 Mr. John Pre er Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E e+ t t �. n ui a'fii 4 h �.' x SECIOIy I�Phel1ou mg Iclenhfies yourIghts;an� �optlop regarding an admlmstrative '�' •r i P }�.',�a.3'" r }� �{ a peal °Qfthe above {k'i dec s ptl ,ddltronal mfolmat n map¢ba £o�n d at hltp / /wuwusace armv�nill�net/fimctions i5 ew /eecwo/re� or o sr :aiorisl`at33CR,Part331z,:. 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 II 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 H 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. 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. ° '#3� i'3 % 1".."'Mk'h k ° 0- .Ck i i+'� A.0 'y t: .. Al IONSTQAIIITIAO%lE%)PETb SIG�T)ON Ix gE Tr)OR,< QB OF REASONS FOR APPEAL OR OBJECTIONS: (Descri be 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. 7?OINT�FCOI�7®RESTNS OINFORiY1EiTI�T1;r' � ES.} If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Lori Beckwith, Project Manager Mr. Michael F. Bell, USAGE, Asheville Regulatory Field Office Administrative Appeal Review Officer 151 Patton Ave, Room 208 CESAD- ET -CO -R Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division 828 -271 -7980 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 -8801 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, Attn:Lori Beckwith, Project Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801. For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303 -8801 `o�DF W A7'F90 � r O Mr. John Preyer Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC, 27604 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 2, 2008 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 2007 -0494 Version 2 Haywood County Subject Property: Morgan Creek II, Stream and Wetland Restoration Project Morgan Creek, S -32 -7, Class C Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Preyer: You have our approval, in accordance with the attached conditions and those listed below, to cut 0.051 acres of wetlands and to pursue cut and fill activities in 3,813 feet of streams for the purpose of conducting wetland and stream mitigation activities at the subject property, as described within your application dated March 19, 2008 and received by the N.C. Division of Water Quality (DWQ) on March 19, 2008, and in additional correspondence received June 2, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689). The Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and other applicable regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919- 733 -1786 /FAX 919 - 733 -6893 / Internet: litty' /lh2o.enr.state.nc.us/iicwetlmds An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10 %Post Consumer Paper Npw hCarolina a Amount Approved Units Plan Location or Reference Stream 3,813 (feet) PCN form 404 Wetlands 0.051 (acres) PCN form 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919- 733 -1786 /FAX 919 - 733 -6893 / Internet: litty' /lh2o.enr.state.nc.us/iicwetlmds An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10 %Post Consumer Paper Npw hCarolina a Morgan Creek II Stream and Wetland Restoration Project Page 2 of 3 June 2, 2008 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. S. 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 the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 Permit. Morgan Creek 11 Stream and Wetland Restoration Project Page 3 of 3 June 2, 2008 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733 -9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828 - 296 -4500. Sincerely, Coleen Sullins A WK/cbk Enclosures: GC 3689 Certificate of Completion cc: Randy Turner, Restoration Systems, 1101 Haynes St., Suite 211, Raleigh, NC, 27604 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 20070494 V2MorganCreek(Haywood)401 Mitigation Project Name EEP IMS ID River Basin Cataloging Unit Morgan Creek (French Broad) 92531 FRENCH BROAD 06010106 Applied Credit Ratios: 1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 Information from EEP Debit Ledger dated 08/13/2014 p t0 C E U 0 m U O m i O m O O O O C C O O O y a c w O O O d G O O N C O g 0 N C O N N N O N O N 41 N "' O .-, O m y t0 IE N N d ii 10 E N y d N N U C E 10 d 10 i O E i C m O d m E = d C VI N v a _ C— d D. C p, C d = 0 IO = C = y �0 O .�, d N E 2 `p E d T i U E W W E C IC 10 10 L C N O N zo O. C R O L z C N O ` za N N N d N 10 ii N 10 L N N IC ` M E M O i IV Z O N V ` a W W 0 c.) v W c�a wL � A U) (n N y CL R Of o K o z w 3 m 0 F Beginning Balance (feet and acres) 3,711.00 558.00 0.60 0.46 Beginning Balance (mitigation credits) 3,711.00 372.00 0.60 0.23 NCDOT Pre -EEP Debits (feet and acres): Not Applicable EEP Debits (feet and acres): DWQ Permit No USACE Action IDs Impact Project Name 2007 - 0946 -344 SR 1326 - Division 14 50.00 2007 - 0956 -344 SR 1209 - Division 14 40.00 2007 - 0659 -344 SR 1260 - Division 14 296.00 2007 -00659 SR 1260 - Division 14 57.00 2007 - 01873 -344 SR 1330 - Division 14 60.00 Lime Kiln Lane - Division 2007 - 02371 -388 14 20.00 2008 - 01805 -344 SR 1338 - Division 14 40.00 2008 - 01897 -344 SR 1147 - Division 14 95.00 2008 - 02899 -344 SR 1336 - Division 14 188.00 2008 -01844 SR 1870 - Division 14 143.00 NCDOT TIP U -4412 - SR 2012 -01509 1184 Widening 139.00 0.03 0.14 SR 1818 - Bridge 194 - 2012 -01944 Division 14 90.00 NCDOT TIP K -5002 - US 23 / 74 Southbound Rest 2013 -00402 Area 78.00 SR 1311 - Bridge 328 - 2013 -00415 Division 14 96.00 SR 1513 - Bridge 165 - 2013 -00960 Division 14 72.00 SR 1863 - Bridge 368 - 2013 -01084 Division 14 84.00 NCDOT TIP B -4763 - 2013 -01249 Bridge 35 on SR 1503 194.00 SR 1820 - Bridge 321 - 1 1 2013 -01522 Division 14 114.001 Information from EEP Debit Ledger dated 08/13/2014 Mitigation Project Name EEP IMS ID River Basin Cataloging Unit Morgan Creek (French Broad) 92531 FRENCH BROAD 06010106 Comment: This ledger shows the debits for the amount of mitigation that the Statewide ILF Program purchased from the NCDOT ILF Program. The beginning balance represents the amount purchased and not the total mitigation credits available on the site. Applied Credit Ratios: 1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 Information from EEP Debit Ledger dated 08/13/2014 c E E° E = c E° E g E c m m m o - m E a o c c m 0 m m c m 0 m •- c C E m a c o m .� m s c o m s m o s a m E y s o m `o y R c N m v c m` v N m p a jp `m m a `m v ac 10 `m > _aa 0 a o N a a, c 7 o- •- a N m `o N N m 10 ` N m c N O m a N O N in r w N N c N a R N Q: U d' L w ` a c O N zW c O U z c O c z W C O za 10 d W M U N L W A W t0 co ti tia Beginning Balance (feet and acres) 326.00 0.57 Beginning Balance (mitigation credits) 326.00 0.57 NCDOT Pre -EEP Debits (feet and acres): Not Applicable EEP Debits (feet and acres): DWQ Permits USACE Action IDs Impact Project Name City of Albemarle Landfill 2004 -30314 Expansion Remaining Balance (feet and acres) 326.00 0.571 1 Remaining Balance (mitigation credits) Information from EEP Debit Ledger dated 08/13/2014