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HomeMy WebLinkAbout20120997 Ver 1_Closeout Report_20160523UT TO HAW (BECKOM) DMS ID (92694) USACE ACTION ID # SAW2009-02212 DWQ 404 # CLOSEOUT REPORT: STREAM AND WETLAND PROJECT Project Setting & Classifications Meeting XY Coordinates: 360 09'09.15"N; 790 27' 38.89"W County Alamance General Location — 5 miles northwest of Burlington Basin: Cape Fear Physiographic Region: Piedmont Ecore ion: Southern Outer Piedmont USGS Hydro Unit: 03030002030010 NCDWQ Sub -basin: 03-06-02 Wetland Classification Riparian Riverine Thermal Regime: Warm Trout Water: No Project Performers October 2014 Source Agency: NCDMS Provider: NCDMS Designer: Axiom Environmental Monitoring Firm Axiom Environmental Channel Remediation NA Plant remediation Riverworks Approved for Transfer to Stewardship Pending Stewards NCDEQ Overall Project Activities and Timeline Milestone Month -Year Project Instituted January 2008 Permitted NA Construction Completed January 2011 As -built survey January 2011 Monitoring Year 1 (2011) October 2011 Supplemental Planting November 2011 Monitoring Year 2 (2012) August 2012 Monitoring Year 3 2013 September 2013 Monitoring Year 4 2014 October 2014 Monitoring Year 5 2015 November 2015 Closeout Submission February 2016 Proiect Setting and Background Summary The UT to Haw (Beckom) Stream and Wetland Site is located within NCDMS Targeted Local Watershed 03030002030010 and was identified for preservation as part of Site 15 (Travis & Tickle 15.2) in the 2008 NCEEP Little Alamance and Travis and Tickle Creek Local Watershed Plan (PTCG 2008, pages 72-73). Site activities included fencing out livestock and planting with native riparian vegetation. An approved jurisdictional determination is included in Appendix C. In 2011, herbaceous grasses within the Site, primarily tearthumb (Polygonum sagittatum) and rushes (Juncus spp.) in wetter areas and fescue (Festuca sp.) in drier areas, were vigorous and overtopping many of the smaller planted trees. As a result some of the smaller trees died due to grasses and some of the larger trees died over the summer of 2011 from dry, hot conditions. The Site was replanted as part of the planting warranty on November 1, 2011 including 369 bare root seedlings planted in Swamp Forest areas and 28 bare root seedlings planted in floodplain areas of the Site. Beaver activity was observed in the upstream portion of the Site during MYl-MY3. Beaver controls were implemented on an as -needed basis throughout the remainder of the monitoring period. Many of the planted stems in this area were stunted due to competition with herbaceous species after removal of beaver. Currently, these trees are vigorous and are expected to continue to thrive unless beaver activity resumes. There is no known beaver activity onsite. Goals and Obiectives The goals of this project focus on improving water quality, enhancing flood attenuation, and restoring aquatic and riparian habitat and include the following. 1. Reducing nonpoint sources of pollution by 1) fencing livestock from stream channels, buffers, and wetlands; 2) ceasing the application of agricultural herbicides, pesticides, and fertilizers; and 3) providing a vegetative buffer adjacent to streams and wetlands to treat surface runoff prior to entering Site streams and ultimately the Haw River. 2. Reducing sedimentation/siltation within onsite and downstream receiving waters by a) reducing bank erosion associated with livestock hoof shear on Site streams, b) filtering surface runoff and reducing particulate matter deposition into tributaries, and c) providing a forested vegetative buffer adjacent to Site streams and wetlands. 3. Promoting floodwater attenuation and improving stream stability by revegetating Site floodplains to reduce floodwater velocities through increased frictional resistance on floodwaters crossing Site floodplains. 4. Providing increased habitat for aquatic wildlife by 1) increasing organic matter, carbon export, and woody debris in the stream corridor and 2) restoring shade to Site open waters. 5. Providing wildlife habitat including a forested riparian corridor within a region of the state increasingly dissected by residential/agricultural land use. 6. Protecting a Site identified in the 2008 Piedmont Triad Council of Government Little Alamance, Travis, and Tickle Creek Watersheds Restoration Plan (PTCG 2008) for preservation due to its location within a remote, rural area with increasing development pressure and appeal to developers. Page 2 of 20 Success Criteria Success Criteria Measured Parameter Criteria Met Stream Enhancement 1) 5 vegetation plots Yes — Success criteria were met 1) success of riparian 2) Crest gauge and photo throughout the monitoring period vegetation documentation of bankfull events. with a total of 7 documented bankf ill 2) documentation of two events with at least one event bankfull channel events. documented in each monitoring year. Vegetation 1) 5 vegetation plots Yes — Success criteria were met 1) 260 stems/acre surviving throughout the monitoring period in year 5 based on planted stems alone (excluding livestakes) in each individual plot. Wetland Hydrology NA Yes — Site activities enhanced and NA preserved jurisdictional wetlands. Page 3 of 20 Asset Table: Mitigation Credits Stream Riparian Wetland Non -Riparian Wetland Buffer Nitrogen Phosphorus Nutrient Offset Offset Type R RE R RE -- Totals 1173 SMUs 0.88 WMUs -- Project Components Project Component/ Reach ID Station/Location Existing Footage Ap roach Restoration or Restoration Equivalent Restoration Footage/ Acreage Mitigation Ratio 1550 Enhancement Level H)/ 1550 2.5:1 Main Channel 635 Preservation 635 5:1 15 -- Enhancement (Level II) 15 2.5:1 UTI 665 -- Preservation 665 5:1 UT2 635 - Enhancement Level II 635 2.5:1 UT3 165 Preservation 165 5:1 Wetland 1 1.15 Enhancement 1.15 2:1 Wetland 2 0.25 Enhancement 0.25 2:1 Wetland 3 0.05 Enhancement 0.05 2:1 Wetland 4 0.15 -- Enhancement 0.15 2:1 Wetland 5 0.05 -- Enhancement 0.05 2:1 Wetland 6 0.10 - Enhancement 0.10 2:1 Wetland 7 0.01 - Preservation 0.01 5:1 Wetland 8 0.04 - Preservation 0.04 5:1 Component Summation Restoration Level Stream (linear footage) Riverine Riparian Wetland (acreage) Planted Riparian Buffer (acreage) Enhancement (Level II) 2200 Enhancement 1.75 Preservation 1465 0.05 Totals 3665 1.8 5.1 Mitigation Units 1173 SMUs 0.88 WMUs -- Page 4 of 20 Page 5 of 20 KRJ AxWnI ASSET MAP 218Snow Ave. pigivcarr�n 'sIf3 LJT TO HAW BE CK DIM SITE Alamance County, North Carolina �r 2016 12-004.Q5 Page 5 of 20 � r 00, d In, Legend =^t= Y9 acnes � 0 275 550 1.100 1,650 2,200 fi Feet 6v�rt. By: FIGURE AC 1o€o EnvIrorro efllal. Inc. TOPOGRAPHY AND DRAINAGE AREA KRJ 218 5!14W Mende C ate: ftaMkP.. W2276da UT TO HAW (HECKOM) SITE (DMS# 92694) Feb2.016 J919',216-1693 Alamance County, North G�rCarolinaProject: 12-004.05 Page 6 of 20 Page Page 7 of 20 KP.J _.Vronrn itaI SOILS MAP ' 9wAVIR -;. WC3T6G3 -2151693 Adams AvsWl. A - UT TO HAVV BECK0M SITE y Feb 2:'. = Alamance County, North Carolina creme Page Page 7 of 20 e7nn. by �vv .L KRJ Axkrn Erwironnle til REM E❑ IAT I O N MAP c 218.Smw Ave. UT TO HAW BE CK OM SITE ". zd NC27603 9199)2115-1633 Alamance County, North Carolina �iyna�n Alae ■aivw�l, iia 12-044.{i5 Page 8 of 20 Verification of Bankfull Events UT to Haw (Beckom) Site, DMS Project No. 92694 Verification of Bankfull Events UT to Haw (Beckom) Site, DMS Project No. 92694 Date of Data Date of Occurrence Method Photo (if Collection available) September 30, 2011 June 28, 2011 Crest gauge data indicates a bankfull event after a total of 2.83 -- inches* of rain reported to fall over 2 days (June 27-28, 2011) Crest gauge data indicates a bankfull event after a total of 3.61 September 30, 2011 September 24, 2011 inches* of rain reported to fall over 4 days (September 21-24, -- 2011) with an additional 0.85 inches* of rain the following 3 days (Sept 25-27, 2011) July 18, 2012 July 11, 2012 Crest gauge data indicates a bankfull event after a total of 4.84 inches* of rain reported to fall over 3 days (July 9-11, 2012) Crest gauge data as well as visual observations of wrack lines and July 11, 2013 June 31, 2013 sediment deposition indicates a bankfull event after 14 days (June 1-2 25- July 8) of heavy rainfall totaling 6.27 inches. August 13, 2014 September 1, 2013 Crest gauge data indicates a bankfull event after a total of 2.56 -- inches*of rain reported to fall on September 1, 2014 August 13, 2014 May 15, 2014 Crest gauge data indicates a bankfull event after a total of 2.74 -- inches* of rain reported to fall on May 15, 2014 September 25, 2015 July 19, 2015 Crest gauge data indicates a bankfull event after a total of 2.50 inches* of rain reported to fall on July 19, 2015 * Reported at KBUY Weather Station in Burlington. Bankfull Event Photos 1 and 2 showing wrack lines resulting from an overbank event Page 9 of 20 Planted Woody Vegetation UT to Haw (Beckom) Site, DMS Project No. 92964 Vegetation Association Piedmont/Mountain Bottomland Forest* Piedmont/Mountai n Swamp Forest* Stream -side Assemblage" TOTAL Area acres 2.5 1.5 1.1 5.1 Species Number planted % of total Number planted % of total Number planted % of total Number planted Swamp chestnut oak (Quercus michauxii) 400 20 200 20 -- -- 600 Cherrybark oak (Quercus pagoda) 400 20 200 20 -- -- 600 Sycamore (Platanus occidentalis) 400 20 100 10 -- -- 500 American elm (Ulmus americana) 300 15 - - - -- 300 Green ash (Fraxinus pennsylvanica) 400 20 100 10 -- -- 500 Willow oak (Quercus phellos) -- -- 200 20 -- -- 200 Overcup oak (Quercus lyrata) -- -- 200 20 -- -- 200 Silky dogwood (Cornus amomum) 100 5 -- - 900 30 1000 Black willow (Salix nigra) -- -- -- -- 900 30 900 Buttonbush (Cephalanthus occidentalis) -- -- -- -- 600 20 600 Elderberry (Sambucus canadensis) -- -- -- - 600 20 600 TOTAL 2000 100 1000 100 3000 100 6000 * Plant communities (Bottomland Forest and Swamp Forest) were planted at a density of 680 stems/acre. ** Stream -side assemblage was planted at a density of 2720 stems/acre. Page 10 of 20 Total and Planted Stems by Plot and Species Total and Planted Stems by Plot and Year DMS Project Code 92694. Project Name: UT Haw (Beckom) PnoLS = Planted excluding livestakes T = All planted and natural recruits including livestakes Page 11 of 20 Baseline Year 1 Year 2 Year 3 Year 4 Year 5 PnoLS T PnoLS T PnoLS T PnoLS T PnoLS T PnoLS T Plot 971 971 931 931 809 809 769 769 728 728 728 769 Plot 890 890 688 1700 486 2266 405 890 364 688 364 728 Plot 688 688 567 607 809 1174 809 890 769 769 728 1012 Plot 850 850 728 890 769 1133 809 971 688 688 647 647 Plot 971 971 526 1335 809 2995 7691781 769 1578 728 1093 YearlyAverage 874 874 688 1093 745 1683 712 1060 664 890 639 850 PnoLS = Planted excluding livestakes T = All planted and natural recruits including livestakes Page 11 of 20 DMS Recommendation and Conclusion DMS recommends that UT to Haw (Beckom) be closed out as proposed to generate 1173 Stream Mitigation Units and 0.89 riparian Wetland Mitigation Units. The vegetation survey results indicated an average site density of 639 planted stems per acre (excluding livestakes) surviving in year five with each individual plot meeting success criteria based on planted stems alone. Invasive species have been effectively managed throughout the life of the project and do not pose a threat to planted vegetation. In addition, seven bankfull events were documented throughout the course of the monitoring period with at least one event occurring in each monitoring year. Contingencies No contingencies are proposed for the UT to Haw (Beckom) Site. Page 12 of 20 Pre -Construction Photos (taken January 2011) Page 13 of 20 # ... F K \• d i � �1 if i � �^ s x R \� _••.. � � v �i..� int Appendix A Watershed Planning Summary UT to Haw (Beckom) Watershed Characteristic Overview The UT to Haw (Beckom) stream (3,6651f) and wetland (1.8 acres) enhancement and preservation project is located in the Little Alamance, Travis and Tickle Local Watershed Plan area, within the Cape Fear River Basin in Alamance County. According to the 2009 Cape Fear River Basin Restoration Priorities Plan the Travis and Tickle Creek watershed (HU 03030002030010) is characterized by 38% agricultural land use, 40% forested, and 4% impervious. There are five other DMS project in this watershed. Little Alamance, Travis and Tickle Creeks are all identified as impaired on the 2012 NCDWR 303d List. As noted in the LWP, challenges within these watersheds include poor water quality, degraded biology, loss of riparian vegetation, bank erosion, and urban and agricultural runoff. The watersheds in the Travis and Tickle watershed are largely rural making it likely that agricultural sources are the main source of stress. Areas of land clearing and poor riparian management were also observed. These watersheds, and specifically the UT to Haw (Beckom project) drain to the Haw River, a major recreational and cultural asset for the region, and subsequently to Jordan Lake, a drinking water supply also classified by DWQ as a Nutrient Sensitive Water. The UT to Haw (Beckom) site was identified as a priority site during the development of the LWP. It was highlighted for its proximity to the Haw River, the existing wetlands and buffer onsite and the potential for degradation from the highly erodible soils. Links to Watershed Goals and Objectives The table below summarizes the major LWP-identified stressors in the Little Alamance, Travis and Tickle Creeks LWP area, recommended management strategies, and stressor -related objectives achieved by the UT to Haw (Beckom) project. Stressors and Issues Management Strategies UT to Haw (Beckom) Stream bank erosion Stream restoration, riparian buffers, Livestock have been fenced from stream channels livestock exclusion and buffers re-established Lack of adequate forested buffer Streamside buffer ordinances, Re-established riparian buffers onsite stream restoration, riparian buffers, livestock exclusion, reduced herbicide use, forestry BMPs Livestock access to streams Livestock exclusion Livestock have been fenced from stream channels, buffers and wetlands. Nutrients Illicit discharge program, ag BMPs, 1) Fenced livestock from stream channels, buffers, riparian buffers, watershed and wetlands; 2) ceased the application of education program, stormwater agricultural herbicides, pesticides, and fertilizers; BMPs, additional studies and 3) provided a vegetative buffer adjacent to streams and wetlands to treat surface runoff prior to entering project streams and ultimately the Haw River and 4) improved flood attenuation. Fecal coliform bacteria Retrofit wastewater collection 1) Fenced livestock from stream channels, buffers, system, agricultural BMPs, illicit and wetlands and 2) provided a vegetative buffer discharge program, watershed adjacent to streams and wetlands to treat surface education program, stormwater runoff prior to entering project streams and BMPs ultimately the Haw River. Watershed Context Summary In addition to the UT to Haw (Beckom) project there are five additional DMS projects and one CWMTF project (a planning project). The DMS sites include Aycock Springs (Construction), Glen Raven (Long Term Management), UT to Haw River (Monitoring Year 5), UT to Haw (Gwynn) (Closed out in 2015) and UT to Altamahaw (Monitoring Year 5). 2016 DMS Project Closeout: UT to Haw (Beckom) I UT to Altamahaw UT to Haw 4 0-i (Gwynn) Lit to Haw (Beckom) Aycock Tki Ie, T-5. Springs —d Littie Alamanre LVVP Site UT to Haw River Glen Raven f �• 1`� ¢i6s. -c j`i} fJ i ,-• I Tick L-. T- W / end Little Alemanoe UNP 201E Closeout Prat DMS Projects U " CWMTF Projects i Target Local Waters Local Watershed PI f f t Municrpal Bounaries 0 1 2 4 County Boundary htllles Appendix B: Property Ownership & Protection The site protection instrument for this mitigation project includes the following document(s), available at the specified County Register of Deeds office, and is linked to the property portfolio at: http://ncdenr.s3.amazonaws.com/s3fs-public/Mitigation Services/Document Management Library/Property/Property Portfolio/92694 UTtoHaw(Bechom) PD 2008.pdf Project Name IMS County Grantor Property Rights Deed/Page Plat/Page Area UT to Haan {Beckom} 92694 Alamance Jerry and Betty Beckom CE 2742/711 72/389 10.2 Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. Appendix C: Permits & Jurisdictional Determinations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id, SAW2009-02212 County: Alamance U.S.G.S. Quad: Lake Burlington Quad NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Jerry Beckom Applicant: 1—g— Corson Address: 3172 Mansfield Road 1652 Mail Service Center Burlin ton NC 27217 Raleiffh, NC 27699 Telephone No.: 336-227-1365 9I9-715-1954 tea,, Property description: %' > Size (acres) -10 acres Nearest Town Burlington! Nearest Waterway Flaw River River Basin Cape Fear USGS HUC 03030002 Coordinates N-79.46467 W 35.15165 Location description The site is located approximately 8 miles northwest of the town of Burlington and is situated west of Mansfield Road rouEbN 1 Chile from its intersection with Greenwood Drive in Alamance County. It is located at approximately, the following oeo ra hie coordinates 35.15165 and -79.46467 (NAD83h and as shown on the;;ao submitted 9 March 2010. The approximately Iff acre easement is for wetland and stream preservaIionlenhancement. This form is for streams NA NB NE NF and wetland lines SA SR SC, SD SG GA GB GC GD GE GF GH SH. Indicate Which of the Followin Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters ofthe United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 ofthe Cleat} 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 ofthis notification. X There are waters ofthe U.S. including wetlands on the stove described project area subject to the permit requirements of section 404 ofthe Clean Water Act (CWAX33 USC § 1344). Unlegs 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. We strongly suggest you have the waters cf the U.S. on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X ,.The waters ofthe U.S. on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in rbe law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 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 [late of this notification. There are no waters of rhe U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements, Page 16 of 20 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Anny permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination andfor the Corps regulatory program, please contact Steve Kiche rski at 919-554-4884 ext. 35. C. Basis For Determirtatiort There are four perennW streams and 11 abuttin2 wetlands. The four pevennial streams are unnamed tributaries to the Haw River and are relatively permanent waters (RPW). The unnamed tributaries flow to the Haw River, a traditionally navigahle waterTiYW which is a tributary to the Cape Fear Rivera navigable water of the United States. The Ordinary High Water Marks OHWMs of the streams were indicated by the following h vsical characteristics: Sed and banks, clear natural line impressed on the bank changes in the character ofthe soil leaf litter disturbed or washed awav, sediment detiosition, water stainine, the presence of wrack lines and sediment sorting. The wetlands meet the h •dro h •tic ve etation wetland h drolo and hydric soil criteria of the 1987 Car s of En ineers Wetland Delineation Manual and are contiguous with the unnamed tributaries on the site . D. Remarks Site is to be used for Stream and Wetland Enhancement/Preservation by the EEP. Andy Williams and I met Grant Lewis of Axiom Environmental Inc. on-site for the Jurisdictional Determination. Updated ma reviewed March 9. 2010 for the arwrostimate locations of Jurisdictional Waters described in this determination. Short portion of stream channel NE splits or was excavated and runs riarallel to stream in the northern portion of the mroiect area only_one side is iurisdictional counting towards credit. E. Appeals Infortnatiott (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 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 Division Attn: Steve Kichefski, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 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 CER part 33I.5, and that it has been received by the District 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 by June 25, 2010. **It is not necessary to submit an RFA form to the Diistrict Office ifyou do not object to the determination in this correspondence.** Corps Regulatory Official: t r/ Date April 26, low Expiration Date April 26, 201 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 complete the Customer Satisfaction Survey located at our website at �tcp:liregulatory.usacesurvey.com; to complete the survey online. Copy furnished: Sue Homewood Grant Lewis North Carolina Department of Natural Resources Axiom Environmental, Inc. Division of Water Quality 20 Enterprise Street 47 585 W'aughtown Street Raleigh, NC 27607 Wiaston-Salem, NC 27107 Page 17 of 20 SECTION I -The following identifies .your rights and options regarding an adrninistrative appeal of the abave ,des sign. Add tietW iriFbmation may be found at"ht ' :f . ..usace.tt=.rnillinetllz.tricti nslcwlceco to ,Or ,poi 's re 'latians af33 CFR Pmt 33.1. 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. Ifyou 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 aceept 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 io 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 Il 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 ofyour 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 It ofthis 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days afthe date of this notice, D: APPROVED JURISDICTIONAL DE'T`ERMINATION: 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 JI), you may appeal the approved JD umder the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 18 of 20 �idhFiCATIO"N,QT ADM NJSTRA'1`I frE API?EAL OPTIONS ANI P OOI?SS :-,m a.' Applicant: Jerry Beckom-Landowner File Number: SAw2009-02212 Date: April 26, 2010 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of etirtission A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies .your rights and options regarding an adrninistrative appeal of the abave ,des sign. Add tietW iriFbmation may be found at"ht ' :f . ..usace.tt=.rnillinetllz.tricti nslcwlceco to ,Or ,poi 's re 'latians af33 CFR Pmt 33.1. 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. Ifyou 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 aceept 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 io 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 Il 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 ofyour 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 It ofthis 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days afthe date of this notice, D: APPROVED JURISDICTIONAL DE'T`ERMINATION: 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 JI), you may appeal the approved JD umder the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 18 of 20 E: PRELIMINARY JURISDICTIONAL DETER'N21NATION: 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 11- REQUEST FORAPPEAL or OBJECTIQNS TO AN INTITLAL PROFFEREII 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 meetin,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'OFCONTACT FOR QUESTIONS DR INFORMATION: -: If you have questions regarding this decision If you only have questions regarding: the appeal process you and; or the appeal process you may contact: may also contact: Steve Kichefski, Regulatory Project Manager Mr. Mike Bell, :`administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M 15 Wake Forest, North Carolina 27587 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:Steve Kichefski, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 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 91115, Atlanta, Georgia 30303-8801 Page 19 of 20 Mitigation Project DMS IMS ID River Basin Cataloging Unit UT to Haw (Beckom) 92694 CAPE FEAR 03030002 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 DMS Debit Ledger dated 05/19/2016 L E 2 L E m E LrC E E O E L Lm_ io m o O m E O C L `mia C `m L w C C N L i m N N L N L m m L m m v o_. d c a m d dm a u L 2. m m o �a 10 y m c is m N N d N O L N M y N `1 _a N O-' d d K U _a O 0.' L N Q.' d C N O N C O U C@ O z C N O d N UI t6 N N d IO U N A f0 L N N ,p d L W c W o K L W a z(z z z L W z a o it U o U o L U W o a U Beginning Balance (feet and acres) 2,200.00 1,465.00 1.75 0.05 Beginning Balance (mitigation credits) 880.00 293.00 0.875 0.010 NCDOT Pre -DMS Debits (feet and acres): Not Applicable DMS Debits (feet and acres): DWR Permit No USACE Action IDs Impact Project Name NCDOT TIP R-2635 - Western 2007-1470 2007-02903 Wake Expressway, Wake County 1,050.00 1.751 0.050 NCDOT TIP P-3414 - Graham - Saw RR Relocation, Alamance 2005-21270 County 1,425.00 415.00 NCDOT TIP U-2524C/D - Greensboro Western Loop, 2013-0223 2001-21125 Guilford County 775.00 Remaining Balance (feet and acres) I 1 0.001 0.001 0.00 0.00 Remaining Balance (mitigation credits) I 1 0.001 0.001 0.0001 0.000 Information from DMS Debit Ledger dated 05/19/2016