20130739 Ver 1_Emails_20160217

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2008-02655 County: Beaufort USGS Quad: NC-Ransomville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Tim Baumgartner; NCEEP
Address: 217 West Jones Street, Suite 3000A
Raleigh, NC 27603
Telephone No.: 919-707-8543
Size and location of property (water body, road name/number, town, etc.): The St. Clair project site is
located on UTs to St. Clair Creek, off People's Road, approximately 5 miles east of Bath, Beaufort
County, NC. Coordinates are: 35.4549412 N, -76.729395 W
Description of projects area and activity: The St. Clair project consists of restoration of 3,2741f of
stream channel and 2.8 acres of riparian wetlands associated with the generation of credits for use
in the State ILF mitigation program (NCEEP)
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
Summary of Authorized Impacts and Required Mitigation
Impact ID # NWP / Open Water (ac) Wetland (ac)
GP # Temporary Permanent Temporary Permanent
Stream (10
Temporary Permanent
UT2 27
2,660
UT3 27
1,075
Impact Totals
Total Loss of Waters of the U.S. ac Total Loss of Waters of the U.S. 1
Required Wetland
Mitigation (ac)
Required Stream Mitigation (If)
Additional Remarks and/or Special Permit Conditions:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your Final Stream and Wetland Mitigation Plan (September 2013) submitted on 12
September, 2013. 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 [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), 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 of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tyler Crumbley at 919-846-2564.
DigUlysignedby
7
5
UMBLEY.ttLfR.AUiflY.1°°JS°99
Corps Regulatory Official __Tyler Crumble Date: 2 October, 2013
Expiration Date of Verification: 18 March, 2017

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 determination 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 stream channels that exhibit indicators of ordinary high
water marks. The stream channels on the property are UTs to St. Clair Creek. UTs flow to St. Clair Creek, which
flows to the Pamlico Sound, which is a Traditionally Navigable Water (TNW)
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
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: Tyler Crumbley, Project Manager
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587
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. * *

Digitally signed by
CRU MBLEY.TYLER.AUTRY.10075
09975
Date:. 2013.10.02 11:12:22
Corps Regulatory Official: Tyler CrumbleX oaoo
Issue Date: 2 October, 2013 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.
Electronic Copy Furnished:
CESAW-RG-W/Steffens;
Jacob Byers, Michael Baker Engineering, Inc.;
Lin Xu NCEEP

Permit Number: 2008-02655
Permit Type: NW 27
Name of County: Beaufort
Name of Permittee: Tim Baumgartner; NCEEP
Date of Issuance: 2 October, 2013
Project Manager: Tyler Crumbley
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
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587
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 permit conditions.
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Tim Baumgartner; NCEEP
File Number: 2008-02655
Date: 2 October,
2013
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or
Corps regulations at 33 CFR Part 331.
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 Il 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 11 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal process
If you only have questions regarding the appeal process you may
you may contact:
also contact:
Tyler Crumbley, Mitigation Specialist
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Regulatory Division
CESAD-PDO
11405 Falls of Neuse Road
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, NC 27587
60 Forsyth Street, Room 10M15
919-846-2564
Atlanta, Georgia 30303-8801
Phone: [phone]
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 send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Tyler Crumbley, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-
8801
Phone: [phone]

Conservation Easement
y Proposed Drainage Modification (10 ft wide, 1 ft deep, length to scale)
Drainages to be Filled
A Flow Gauge
Groundwater Wells NOT Meeting Criteria
O Groundwater Wells Meeting Criteria
{ Proposed New Monitoring Well Location
- Vegetation Plot: (Year 2 Density/Planted Density)
Restored Wetland Areas
±y.
As -Built Streams
Z W
Restoration: Headwater Valley
No Mitigation Credit
UT 3
Buffer Zone A: 0-50 ft (226,002 ft2 or 5.2 ac, 1:1 ratio = 226,002 BM Us)
Veg Plot 3: 648/688
Buffer Zone B: 51-100 ft (137,575 ft2 or 3.1 ac, 1:1 ratio = 137,575
BMUs)
44
SCAW
UT 2k1
T
Veg Plot 9: 688/769 ` ' ."Gauge #6
Veg Plot 1: 607/728
"� ' ` 6 Veg Plot 8: 607/728 '
��..
Gauge #3 �=
Veg Plot 4: 648/728 ti..'
l
�t
#4
_Gauge
. •
-
SCAW2,"'� � -
Veg Plot 7: 1012/1174
t .Gauge #&
- a, SCAW3
Gauge #2Y
Veg Plot 2: 648/648
w SCAW1Z.
t L �r
Plot 5: 526/688 Veg Plot 6: 405/486
r` 9 Ve
77,
-.
/.\G ug a e #1 -�
�c
Survey / Monitoring Data Collected: Nov / Dec 2015_
- -
Aerial Photo Date: 2012
neMap, NCCenter for Geogr phic Information and Anal sis, NC 911 Boardb
0 250 500
N
Figure 2
MichaelBakerFeet
Current Condition Plan View - MY2
DEQ - Division of Mitigation Services
St. Clair Creek Site
N T E R N A T 1 0 N A L
Project # 95015
Beaufort County, NC

Conservation Easement
y Proposed Drainage Modification (10 ft wide, 1 ft deep, length to scale)
Drainages to be Filled
A Flow Gauge
Groundwater Wells NOT Meeting Criteria
O Groundwater Wells Meeting Criteria
{ Proposed New Monitoring Well Location
- Vegetation Plot: (Year 2 Density/Planted Density)
Restored Wetland Areas
±y.
As -Built Streams
Z W
Restoration: Headwater Valley
No Mitigation Credit
UT 3
Buffer Zone A: 0-50 ft (226,002 ft2 or 5.2 ac, 1:1 ratio = 226,002 BM Us)
Veg Plot 3: 648/688
Buffer Zone B: 51-100 ft (137,575 ft2 or 3.1 ac, 1:1 ratio = 137,575
BMUs)
44
SCAW
UT 2k1
T
Veg Plot 9: 688/769 ` ' ."Gauge #6
Veg Plot 1: 607/728
"� ' ` 6 Veg Plot 8: 607/728 '
��..
Gauge #3 �=
Veg Plot 4: 648/728 ti..'
l
�t
#4
_Gauge
. •
-
SCAW2,"'� � -
Veg Plot 7: 1012/1174
t .Gauge #&
- a, SCAW3
Gauge #2Y
Veg Plot 2: 648/648
w SCAW1Z.
t L �r
Plot 5: 526/688 Veg Plot 6: 405/486
r` 9 Ve
77,
-.
/.\G ug a e #1 -�
�c
Survey / Monitoring Data Collected: Nov / Dec 2015_
- -
Aerial Photo Date: 2012
neMap, NCCenter for Geogr phic Information and Anal sis, NC 911 Boardb
0 250 500
N
Figure 2
MichaelBakerFeet
Current Condition Plan View - MY2
DEQ - Division of Mitigation Services
St. Clair Creek Site
N T E R N A T 1 0 N A L
Project # 95015
Beaufort County, NC

Baker, Virginia
From: Tugwell, Todd SAW <[e-mail]>
Sent: Wednesday, February 17, 2016 8:00 AM
To: Byers, Jake
Cc: King, Scott; Miguez, Kristin; Baumgartner, Tim; Chapman, Amy; Baker, Virginia;
Biddlecome, William J SAW; [e-mail]; Brittingham, Cathy; Cox, David R.;
[e-mail]; Hughes, Andrea W SAW; Higgins, Karen;
[e-mail]; Haupt, Mac; McLendon, Scott C SAW; Poupart, Jeff;
Wilson, Travis W.; Wheeler, Tracey L SAW; Wicker, Henry M JR SAW; Steffens, Thomas
A SAW
Subject: FW: St. Clair Mitigation Project, Beaufort County
Attachments: image001.png; image002.png; StClair_Fig2_CurrentCond_PlanView_MY2_
16Feb2016.pdf, NWP27_2008-02655_St. Clair Creek_EEP.PDF
Jake,
Thanks for the information concerning the proposed fix at St. Clair. Given the circumstances, I understand that the
approach may be the only way to remedy the situation. The gauges look to be in good locations to try to detect the
potential impact that the work both inside and outside the easement may have on the project.
I hope the repair is successful - we will have to wait to see how the results turn out. I remain concerned that there may
be some effects on the project. The first concern is that accelerated flows through the buffer caused by the ditches to
be excavated into the easement will cause erosional features that bypass the buffer, especially along UT 2. Second, if
the ditches/depressions within the easement are significantly higher than the ditch bottoms within the timber stand, I
expect that there will be a reverse effect during dryer months causing hydrology to be lost to the plantation. I guess we
will have to see what the monitoring demonstrates. I also understand that the landowner is within his rights to
construct ditches within the plantation, so there is nothing we can do but work with him to find the best solution;
however, this certainly should be a lesson for future projects that are constructed adjacent to ditched timber or
agriculture fields. We have run into this problem before. We must assume that these landowners will take steps to
replace the drainage that is blocked by the restoration project.
Thanks for the information. Please make sure that all of this work and the additional monitoring is detailed in the next
monitoring report. Also, if the gauges indicate that the altered drainage may be having an effect, please note that we
may ask for additional years of monitoring so that we have sufficient information (generally 5 years minimum) on which
to base any decision.
Thanks,
Todd Tugwell
-----Original Message -----
From: Byers, Jake [mailto:[e-mail]]
Sent: Tuesday, February 16, 2016 2:42 PM
To: Tugwell, Todd SAW <[e-mail]>
Cc: King, Scott <[e-mail]>; Miguez, Kristin ([e-mail])
<[e-mail]>
Subject: [EXTERNAL] St. Clair Mitigation Project, Beaufort County
Hi Todd,

Please find attached a work map of the proposed drainage alterations on the St. Clair site to prevent hydrologic trespass
and to fill recently excavated drainage ditches along the outside of the conservation easement adjacent to wetland
restoration areas.
The proposed work will take place in 3 different locations. The northern conservation easement boundary of UT 2 along
the existing farm road (1), the western conservation easement boundary of UT2 along the wetland restoration area (2),
and along the western conservation easement boundary of UT3 along the wetland restoration area (3).
Location 1.
Work in this area will consist of connecting existing shallow drainage ditches from an adjacent property across the farm
road into the conservation easement on UT2. A shallow ditch (1' deep X 2' wide) will be cut through the farm road and
then filled with rip rap outside of the easement to allow water to filter through the rock (French drain) and get across
the road but will also allow the landowner to cross easily. Once the rock filled ditch reaches the conservation easement
boundary, a shallow, wide, flat depression (10' wide X 1' deep 0% slope) will be excavated to tie these depressions into
the existing ground elevations within the conservation easement. The locations shown as pink lines on the figure are to
scale (length) and are aligned as such to utilize the existing drainage paths as discovered during a field visit storm event.
Flow will be diffuse through these depressions. These areas within the conservation easement will be seeded and re-
planted with bare -root trees.
Location 2.
Work in this area will consist of excavating shallow and wide depressions through the wetland restoration polygon along
UT 2 to connect and help drain the existing lateral ditches outside the conservation easement that were plugged during
construction. The depressions will be approximately 10' wide and 1' deep. The depression depth of one foot will be
measured down from the existing ground surface inside the wetland area at the conservation easement boundary with
the intent to prevent hydrologic trespass within the landowner's existing pine timber. This depression bottoms will be
significantly higher than the existing lateral ditch bottoms within the timber. The depressions will be essentially zero
slope and will rely on the hydraulic head from the groundwater within the timber to promote flow. Flow will be diffuse
and very low. The depressions will be carried inside the conservation easement only as far as needed to tie into the
existing ground elevations. The lengths of these depressions are shown to scale on the attached figure and based upon
survey data collected in early February 2016. The required excavation will be become less and less as the depressions
get closer to the stream. In addition, the recently excavated ditch adjacent to the conservation easement will be filled.
This is shown as a green dashed line on the attached figure. The disturbed areas within the conservation easement will
be seeded and re -planted with bare -root trees.
Location 3.
Work in this area will consist of only removing a small (-5' wide) plug that separates the newly excavated ditch along
UT3 (dashed green line on the attached figure) and existing small depressions within the conservation easement. These
depressions are likely old remnant ditches excavated long ago. They are vegetated and shallow and will serve to prevent

hydrologic trespass in the timber areas outside the conservation easement between UT 2 and UT 3. Little to no grading
will be required inside the conservation easement along UT 3. In addition the recently excavated ditch adjacent to the
conservation easement will be filled.
Please note on the attached figure, four additional groundwater monitoring wells will be installed within the wetland
restoration areas to monitor any changes in groundwater levels associated with the proposed drainage alterations and
to provide additional data for wetland success criteria.
Also attached for your reference is the approved verification for the use of a NW 27 permit.
Please let me know if you have any questions or require any additional information. Our plan is to have these
alterations made within the next month.
Thanks,
-Jake
****Please note my new direct telephone number as of 11/2/15****
Jacob "Jake" Byers, PE I NC Ecosystem Services Manager I Michael Baker Engineering, Inc., a unit of Michael Baker
International
797 Haywood Road, Suite 2011 Asheville, North Carolina 28806 1 [O] 828-412-6101 1 [M] 919-259-4814
[e-mail] <mailto:[e-mail]> I Blockedwww.mbakerintl.com
<Blockedhttp://www.mbakerintl.com/>
<Blockedhttp://www.mbakerintl.com/>