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:
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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.
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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
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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..
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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
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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.
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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.
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Concept Planting Plan - Small Mitigation Site
Not to Scale
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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
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