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HomeMy WebLinkAbout19950839 Ver 1_Mitigation Information_199511013 REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 November 1, 1995 Action ID. 199504562 and Nationwide Permit No. 26 Colonial Country Club c/o Mr. Brad Thomas 1501 Colonial Country Club Drive Thomasville, North Carolina 27360 Dear Mr. Thomas: a,v� Reference is made to your application of August 14, 1995, submitted by your agent, Marziano & Minier, P.A., regarding your proposed discharge of fill material within waters of the United States, causing adverse impacts to 5.68 acres of wetlands adjacent to an unnamed tributary to the Uwharrie River, for reconstruction of a lake at the Colonial Country Club, located northeast of Thomasville, in Randolph County, North Carolina. Reference is also made to your "Wetland Mitigation Plan" dated October 1995, as well as written authorization from your adjacent property owner to flood his property, received by this office on October 30, 1995. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 404 of the Clean Water Act, was provided by Nationwide Permit No. 26 for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with your submitted plans, the enclosed conditions, any required State authorization, and the following special conditions: a. The wetland mitigation plan (enclosed) for the Colonial Dam site, ,� Colonial Country Club, Thomasville - Randolph County, North Carolina, dated October 1995 and prepared by J. M. Ortosky, Jr. with Soil and Environmental Q� Consultants, Inc. for Marziano & Minier, P.A., must be implemented in its entirety. The mitigation area is that portion of the permittee's property Oar which surrounds the lake to be created by the dam authorized by this permit, as shown on the attached plan. The permit and mitigation areas are portions of the property conveyed to the permittee by deed recorded in Book 1419, Page 1701 of the Randolph County Registry. b. The permittee shall maintain the mitigation area in its natural condition, as modified by work performed pursuant to the mitigation plan, in perpetuity. Prohibited activities within the mitigation area specifically include, but are not limited to: the construction of structures of any kind, the discharge of dredged or fill material, excavation, the cutting, damage, or removal of any vegetation, grading, leveling, or any other earth moving activity; except as may be authorized by the mitigation plan. I c. Condition 2 above runs with the land shown as the mitigation area. The permittee shall not sell or otherwise convey the property shown as the mitigation area to any third party, without first advising the Corps of Engineers in writing, and transferring this permit, together with these conditions, to such third party, in a manner acceptable to the Corps of Engineers. d. The permittee shall cause this permit, including these conditions, to be recorded in the Randolph County Register of Deeds, in such a manner that it will appear in the chain of title of the property making up the mitigation area, within thirty days of the issuances of this permit. The permittee shall provide a copy of the.recorded permit to the Corps of Engineers as soon as possible. e. In the event the mitigation area becomes a part of a subdivision shown on a recorded subdivision plat, the permittee shall show such mitigation area on such recorded subdivision plat as a "mitigation /conservation area." f. In the event the mitigation area becomes a part of a subdivision subjected to restrictive covenants, such restrictive covenants shall include a provision that the mitigation area will remain in its natural state, and the construction of structures of any kind, the discharge of dredged or fill material, excavation, the cutting, damage, or removal of vegetation, grading, leveling, or any other earth moving activity within the mitigation area are prohibited. A Section 401 water quality certification is required from the North Carolina Division of Environmental Management. You should contact Mr. John Dorney, telephone (919) 733 -1786 for this certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked, which will occur prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits, which will be announced by public notice when they occur. If you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation, to complete the activity under the present terms and conditions of this nationwide permit. Questions or comments may be addressed to Mrs. Jean Manuele, Raleigh Regulatory Field Office, telephone (919) 876 -8441. Enclosures Sincerely, G. Wayne Wright Chief, Regulatory Branch 2 /Copies Furnished (without enclosure): ,--,,-Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Jim Bivins Marziano & Minier, P.A. Post Office Box 2048 Asheboro, North Carolina 27204 Mr. J. M. Ortosky, Jr. Soil and Environmental Consultants, Inc. 244 West Millbrook Road Raleigh, North Carolina 27609 Mr. Jack Palmer Land Quality Section 512 North Salisbury Street Post Office Box 27687 Raleigh, North Carolina 27611 4 Existing Wetland Species (dominants) Black Willow Alder Tearthumb Aster Dog Fennel Juncus Woolgrass Clearweed Cattail Mitigation Plan (Salix nigra) (Alnus serrulata) (Polygonum saggitatum) cAt y 4C-';VVY\ (Aster sp. ?) (Eupatorium capillifolium) (Juncus effusus) (Scirpus cyperinus) (Pilea pumila) (Typha latifolia) The mitigation plan consists of three basic activities; 1) creation of appropriate shallow marsh hydrology through establishment of a 0" to 12" depth littoral bench, 2) an initial planting of appropriate species to encourage early establishment of wetland plant community, and 3) a monitoring and maintenance program. Hydrology /Grading The accompanying plan and sections describe the approach to creation of a littoral bench which will vary in depth from 0" (at waters edge) to 12" over a varying horizontal distance of about 15' to 70' in the areas noted on the plan. These areas will be cut or filled as necessary to achieve this profile. In places, it is likely that no cutting or filling will occur as the existing grades may be appropriate. The narrow tolerances in the creation of this type of near -shore habitat require that many fine- grading decisions be made on site during construction. Detailed construction supervision is an integral part of this type of effort. It is preferable that, where possible, no cutting or filling occur so that existing topsoil conditions remain. No traffic should occur in these areas during site development in order to avoid compaction of the surface soil. The existing upper 6" of soil will contain many plant propagules which will develop in the appropriate environment. Additionally, the existing topsoil normally exhibits the most desirable characteristics for plant growth (both planted and existing material). Topsoil from the wetland areas which are to be significantly cut ( >6 "), or flooded at depths greater than 2' and which has a loamy texture, relatively high in organic matter should be stockpiled for use in mulching those littoral bench areas which will receive significant cutting and removal of the topsoil layer. Where significant grading/disturbance has occurred, the surface should be tilled or scarified prior to application of wetland topsoil mulch. Topsoil mulch should be added in a single 6" application, avoiding compaction of fill. Normal pool will be maintained by a spillway structure. Unpredictable periods of drought may temporarily lower pool elevation. According to the design engineer, there are no present plans to pump irrigation water from this impoundment. Typical fluctuations in water level will be brO rises in elevation from storm events. As an example, the 50 year hydrograph provided by the design engineer for the structure indicates a 1.69' rise from normal pool in a 50 year - frequency storm (about 6.7" in 24 hour period). This peak is reached in about 14 hours and subsides to 0.38' above normal pool in 26 hours. The 500 year - frequency storm results in a 3.29' rise from normal pool, also peaking at about 14 hours and subsiding to about 0.5' above normal pool in about 26 hours. Generally, the more frequent (normal) storms will likely cause peak rises from normal pool of less than 18" which will subside to normal pool in 24 to 48 hours. Refer to Appendix IV for more detailed hydrograph information. planting Plant material will be added to the site (see planting plan and specifications, Appendix II). Plants will be obtained from local sources (within 200 miles of the site). This is to be certified by the registered nursery or installer. See Appendix III for location of proposed plant material sources. Propagules from those plants along with existing site propagules will be relied -on for establishment of the plant community. After final grading, and appropriate surface preparation and mulching, marsh and emergent vegetation will be planted in littoral bench areas as per planting plans and specifications. It is strongly recommended that an installer with successful experience in handling and installing wetland plant material be used on this project. This is an extremely important aspect in a successful mitigation planting. Planting shall occur just prior to or following saturation/inundation of the sites as a result of filling of the lake. Some sites (where groundwater is the primary hydrology factor) will exhibit wetland hydrology regardless of surface water from the lake. Spring planting of marsh -type plant material is recommended. Some late season planting can occur, however, it is likely that significant additional planting will have to occur the following spring to re- establish failed areas. If the threat of depredation by ducks, geese or other wildlife or domestic animals is present in the area at time of installation, the enhancement site will be fenced appropriately to protect the installation. Planting of any woody species should be done during the fall. Mortitoring/Maintenance The monitoring phase will begin prior to installation, be carried out by the mitigation designer and owner and will include, l) Final design and specifications (reflecting any alterations or refinement as a result of any refinement /changes in impoundment design) will be submitted to the US Army Corps of Engineers (USACOE) for review prior to construction. 2) Pre- construction/planting meeting with contractor. 3) Site inspection during installation. 4) Final inspection after all site work is complete, preparation of appropriate completion of work statement, preparation of breif as -built report, sketch plan, and documentary photos and submission of that report to the USACOE for review within 30 days of completion. 5) Locate original mitigation site limits in the field with markers that can be seen from upland portions of the site (used in determination of vegetation coverage). 6) Visual inspection of the site at least once every seven days from March through October to record elevation of inundation and saturation (see accompanying procedure, Appendix I). 7) Site inspection early in first growing season. 8) Site inspection at end of first growing season and preparation of letter of evaluation, documentary photos, and suggested treatment of any failed areas and submission to USACOE within 30 days of inspection. 9) Site inspection during late growing season of second and third years with documentary photos and letter of evaluation at end of third growing season (to USACOE within 30 days of inspection). Success criteria is based on percent of vegetative cover within the target mitigation site. Vegetative cover must occupy a minimum of 75% of the target site and be comprised of at least three of the target species (existing or introduced). The estimated schedule for achieving 75% coverage is by the end of the third growing season, however, the site will be monitored until success is achieved. Coverage is defined as the percent of material alive based on the planted spacings (i.e. 3'x3'- marsh and 6'x6'- shrubs), or volunteers within that area. At least 50% of the vegetation must be FACW or OBL status. At the end of the third growing season marsh/emergent vegetation should form a contiguous mass along the lake edge in the general mitigation area except where flowing water entering the lake from point sources prevents growth. The mass may vary in width along the shore but should not be less than 15' at any point except as mentioned above. Unvegetated areas may occur within the target mitigation site (particularly in heavily shaded areas) and, conversely, littoral vegetation may establish somewhat outside the mitigation areas, however, the total area of littoral vegetation shall equal or exceed 75% of the target mitigation site. If after the second growing season coverage is significantly lower than what is expected in a normal progression to reach 75% by the end of the third growing season ( <1/3 V coverage), a plan to rectify the situation will be prepared and submitted to the USACOE within 30 days of inspection. Maintenance of the sites will focus on establishment and protection and will consist of the following: 1) Maintain normal pool of 836.00' MSL elevation in lake to provide saturation/inundation of littoral bench unless affected by drought or as necessary to perform maintenance or repair to impoundment structure. If the latter is necessary this should be done during fall or winter (outside of growing season). 2) Re -plant any bare or sparse areas during season appropriate to plant species as necessary to achieve success. 3) Do not apply any herbicides within aerosol drifting or surface flow distance of the littoral bench plantings. 4) Maintain ground cover in adjacent upland areas to prevent sedimentation within littoral bench zones 5) Remove any degrading factors such as depradation, trampling, plant removal from destructive wildlife, domestic animals, humans. The success of the project as well as management of the site will be the responsibility of the owner. Long -term impacts to the wetland as a result of on and off -site development is an unknown at this point. Additional protection for the mitigation site from physical disturbance (excavation or filling) will be provided as described in the permit conditions, developed separately from this document. Appendix I Procedure for Monitoring Levels of Saturation and Inundation. Periodically, at intervals not exceeding seven days, the level of saturation of soils above the water line and /or the level of inundation within the mitigation site shall be determined and recorded. This shall be done as follows: 1) At each of three reference points* (one above normal pool elevation, one at normal pool, and one at one foot below normal pool) the appropriate elevations will be observed and recorded. 2) If the point is inundated (flooded) the level of water at each point will be read off of the installed water level gauge and recorded. If pool elevation is below the bottom of the gauge the level of saturation near the point will be observed (see procedure in #3) and recorded. 3) If the point is not inundated, observe the level of saturation by digging a small diameter hole (soil auger, post hole digger, small spade, etc.) to a depth of at least 12 ", allowing groundwater (if any) to move into the hole and stabilize. Measure the depth to the level of free water in the hole from the surrounding ground surface and record. The hole should be dug in the vicinity (within 10') and at a similar elevation of the reference point. If no water is observed in the hole within a reasonable time (15 to 30 minutes) record "no water ". After measuring the water level, refill the hole with the soil which was removed. 4) Data from each growing season year (March through October) will be submitted to the mitigation designer and USACOE. * The reference points will be site located during installation similar to concept shown in the section below. - a. 5.. — I. o' 71I -1 Appendix II Planting Plan and Specifications Two basic areas will be planted for mitigation; one large area (1.166 ac.) along the southwestern shore (headwaters) and, a small (0.034 ac.) site around the cart path bridge (see map). All plants listed for use are rated as FACW or OBL wetland species. The following is the species list within a planting matrix for the larger site: Water Depth Range 0 " -6" 67' 12" Shaded Areas Acorus Calamus Cephalanthus Occidentalis Itea virginica Juncus effusus Leersia oryzoides Saururus cernuus Open Areas Juncus effusus Peltandra virginica Pontederia cordata Typha latifolia Saggitaria latifolia Nuphar luteum Saggitaria latifolia Sparganium amer. All marsh/emergent plants will be planted on a 3'x3' spacing. Shrubs species will be planted on a 6'x6' spacing. Refer to accompanying sample planting plan for typical arrangement. The smaller area (0.034 ac.)will be planted with greater diversity and aesthetics in mind as it is highly visible from the cartpath. The more shaded portion will be planted with a combination of Saururus cernuus, Cephalanthus occidentalis, Itea virginica, and Lobelia cardinalis. The areas receiving more sun will be planted with Typha latifolia, Iris (versicolor and /or pseudacorus), and Pontederia cordata. Plant Material Speclf cations (Adapted from Garbisch, 1995) Balled and Bagged (Woody Plants) The size of the earthen ball shall be at least as large as specified in the American Standard for Nursery Stock (1980). Where plants are to be planted in soils that will be saturated most of the growing season, the bagged root ball shall have a surface diameter that is at All -1 least 1/2 the diameter of the un- pruned drip -line and a depth that is at least 8" per 5' of tree /shrub height. If not planted immediately upon delivery to the job site, plants shall be stored in shade and root balls kept moist through periodic watering until the time of planting. If growing, the plants shall appear healthy with no leaf sports, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. Container (Woody and Herbaceous Plants) The soil within the root ball shall be at field capacity (1/3 atmosphere) or wetter upon delivery to the job site. Any wilted, dry and /or light weight plants shall be rejected. If not planted immediately upon delivery to the job site, plants shall be stored in shade and root balls kept moist through periodic watering until the time of planting. The container size shall be at least as large as specified. Plants shall not necessarily be rejected when supplied in containers larger than specified. However, the soil/root masses shall be the size of the specified container size. If the soil/root masses are substantially smaller than the specified container size and loose soil exists on the sides and bottom of the containers, indicating that plants have not been in specified containers long enough to root'into surrounding soil, the plants shall be rejected. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. For trees and shrubs, where spiraling woody roots exist on the outside of the soil/root mass upon the removal of the plants from the containers, the landscape contractor shall separate (cutting where necessary) and spread them out (frazzle) prior to planting. Fiber or Peat Pot (Herbaceous Plants) If not planted immediately upon delivery to the job site, plants shall be stored in shade and root masses kept moist through periodic watering until the time of planting. The plants shall be well - rooted through the sides and bottoms of the pots and firmly contained therein. If the plants may be easily removed from the pots by holding the upper portion of the plant and gently pulling on the pots, the plants shall be rejected. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. AII- The pot size shall be at least as large as specified. Plants shall not necessarily be rejected when supplied in pots larger than specified. The number of plants or stems (culms) per port as specified shall be present at the minimum, and on the average, or the plants shall be rejected. Dormant Propagule (Herbaceous Plants) If not planted immediately upon delivery to the job site, the dormant propagules shall be stored out of direct exposure to the sun and wind and they shall be protected by covering with straw, peat moss, compost, or other suitable materials and shall be kept moist, through periodic watering, until the time of planting. The bodies and shoots associated with the propagules shall have turgor or be rigid to the touch. If the bodies and/or shoots associated with the propagules are soft or mushy, or appear rotten or decomposed, the plant materials shall be rejected. Rhizome (stolon) sections shall provide a minimum of two shoots per section. Or: Rhizome (stolon) sections containing at least a terminal shoot shall be a minimum of four inches (4 ") in length (in order to ensure sufficient stored energy to support the new growth). Rhizome sections containing shoots that are soft or mushy or otherwise appear rotten shall not be accepted. Plug (Herbaceous Plants, Woody Seedlings, or Rooted Cuttings) If not planted immediately upon delivery to the job site, the plugs whether in or out of their growing units shall be stored out of direct exposure to the sun and wind and maintained moist through periodic watering until the time of planting. If the plugs are not contained in their growing units upon delivery and will not be planted immediately, they should be treated as above and their root masses shall be protected by straw or other suitable materials and maintained moist, through periodic watering, until the time planting. Plugs shall have solid soil /root masses with the soil in place. Roots shall appear clean and white in coloration. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. If dormant (herbaceous), new healthy shoots shall be apparent. Plugs containing shoots that are soft or mushy or otherwise appear rotten shall not be accepted. If dormant (woody), stems shall be pliable and exhibit light green to yellowish green cambium. Plugs containing brittle stems and having unhealthy cambium shall not be accepted. All Plugs (woody seedlings) shall have widths that are at least to the limb lines of the seedlings and have depths that are at least one -fourth the heights of the seedlings. Seed Shall be delivered in clean, unopened containers and labeled as to seed origin, purity, germination percentage, and date of germination testing. Fertilization Herbaceous plantings Spring plantings - Use Osmocote 18 -6 -12, eight to nine month release fertilizer, to be placed in hole at time of planting. For Dormant propagules, container /fiber pot, or plug seedlings use about 15 grams (0.5 oz.) per planting. Woody plantings Fall/Winter plantings - Use Osmocote 18 -5 -11, twelve to fourteen month release fertilizer, to be placed in hole or in soil fill/amendment mix at planting. Use 30 grams (I oz.) per 1 quart container, 90 grams (3 oz.) per 1 gallon container (30 grams per each additional gallon). Use 15 grams (1 oz.) per unrooted cutting for willow whips. Soil Amendments Soil amendments are required only around tree and shrub plantings, with the exception of significantly graded areas (where stockpiled wetland topsoil may be used). The amendment used should be leaf or pine bark compost at rates of one part compost to one part soil (from planting hole). Fertilizer should be mixed in with soilIamendment mix. No surface mulch is required where plants are planted at or near original grade. AII- �1 3 67�J6 i 15 6 - 12y 0 1-2-%P All -8 �m INI a L� 0 ti L p0 t� r L i v n DC4YTlaS I DI lap CP Q Z r N, All -9 u ID yv Ip Concept Planting Plan - Small Mitigation Site Not to Scale All -10 Appendix 111 Proposed Potential Sources for Plant Material (additional sources may be proposed prior to installation, for approval by USACOI ). Herbaceous material: Campbell's Greenhouse Carlton Campbell /Larry Hobbs 2816 Campbell Road Raleigh, N.C. 27606 919 -851 -1162 (also has team of experienced installers) Shrub Material: Campbell's Greenhouse 2816 Campbell Road Raleigh, N.C. 27606 Fern Valley Farms 1624 Fern Valley Road Yadkinville, N.C. 27055 Specimen ornamental species: Campbell's Greenhouse 2816 Campbell Road Raleigh, N.C. 27606 Niche Gardens 1111 Dawson Road Chapel Hill, N.C. 27516 Carlton Campbell/Larry Hobbs 919 - 851 -1162 Tom Clark 910- 463 -2412 Carlton Campbell/Larry Hobbs 919- 851 -1162 Kim Hawkes 919- 967 -0078 AI =I -1