20081203 Ver 1_CAMA Application_20080806

'THE LOUIS BERGER GROUP, INC.
03-1203
1001 Wade Avenue, Suite 400, Raleigh, North Carolina 27605.3323
919.866.4400 (Phone) 919.755.3502 (Fax) www.louisberger.com
July 30, 2008
Tammy L. Hill
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Subject: PCN for Plum Creek Wetland Restoration Project
Dear Ms. Hill:
The Louis Berger Group, Inc. (Berger) is designing and constructing a minimum of 80
acres of nonriparian wetland restoration and 6 acres of Level 1 enhancement on the
89-acre Plum Creek Wetland Restoration site located in Brunswick County in the Lumber
River Basin, USGS Hydrologic Unit 03040207. The project is being implemented through
the North Carolina Department of Environment and Natural Resources (NC DENR)
Ecosystem Enhancement Program (EEP) Full-Delivery Process (FDP).
A Wetland Restoration Plan has been developed using EEP's guidance document
Content, Format and Data Requirements for EEP Restoration Plans (Version 1, 9/21/05.)
Both NCDWQ and USACE regulatory staff have each been onsite once prior to the
plan's completion. The restoration plan has been accepted by EEP and therefore
Berger is submitting its PCN and Soil an Erosion Control application. (CAMA has
determined that the project is not within the limits of its jurisdiction.) Berger has included
3 copies of the PCN forms and supplemental material to the USACE and 3 copies to the
NCDWQ.
Please feel free to contact me [phone] with any questions or concerns you may
have.
Sincerely, /
1"4?4u _-?-
Michael O'Rourke
Project Manager & Senior Environmental Scientist
The Louis Berger Group, Inc.
p, 0 wpm 0
AUG 6 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
cc: Donald Stevens, P.E., Manager, Restoration Design Group
Enclosure - EEP Restoration Plan acceptance letter
The Louis Berger Group, Inc.
July 11, 2008
Michael O'Rourke
The Louis Berger Group, Inc.
1001 Wade Avenue
Raleigh, NC 27605
RE: Plum Creek Restoration Plan Review
Lumber River Basin - Cataloging Unit 03040207
Brunswick County, North Carolina
Project #D06040-A
Dear Mr. O'Rouke:
On February 8, 2008, the Ecosystem Enhancement Program (EEP) received the Plum Creek Wetland
Restoration Site Restoration Plan from the Louis Berger Group, Inc (LBG). EEP and DWQ met with
LBG on February 26, 2008 to review the restoration plan onsite. The plan proposes to restore 80 acres
and enhance 6 acres of nonriverine wetland.
The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no
additional comments at this time. Please proceed with acquiring all necessary permits and/or
certifications and complete the implementation of the earthwork portion of the mitigation project (Task
4). A copy of this letter should be included with your 401/404 permit applications.
For the purpose of obtaining approval of the erosion and sedimentation control plan for this project, I
have also attached a memorandum confirming that The Louis Berger Group, Inc. is the Owner and
Financially Responsible Party, and has full operational control for all matters pertaining to construction of
this project. Please sign and attach this memorandum to the Financial Responsibility/Ownership form of
the erosion and sedimentation control plan application. Failure to do so may delay approval of the plan.
If you have any questions, or wish to discuss this matter further, please contact me at [phone] or
email at P-uv.nearce(a,ncmai].net.
Sincerely,
Guy C. Pe cm' e
EEP Full Delivery Program Supervisor
cc: file
LTIFIWA
NCDENR
North (arolina Ecosystem Enhancement Program, 1652 Mail Service (enter, Raleigh, N( 27699-1652 / 919-715-0476 / www.nceep.net
08-1203
Office Use Only: Form Version March 05
USACE Action ID No. 2008-01905 DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27: Aquatic
Habitat Restoration, Establishment, and Enhancement Activities
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: N
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check her IR @
II. Applicant Information
AUG 6 2008
1. Owner/Applicant Information DENR - WATER QUASI 1"
Name: Michael O'Rourke, The Louis Berger Group, Inc. yyMMDS AND STORMWATER BRANCH
Mailing Address: 1001 Wade Avenue, Suite 400, Raleigh, NC 27605
Telephone Number: 919-866-4421 Fax Number: 919-755-3502
E-mail Address: morourkeglouisberger.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Same
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Updated 11/1/2005
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Plum Creek Wetland Restoration
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 213100374055
4. Location
County: Brunswick Nearest Town: Bolivia
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From the USACE
Wilmington offices: Go north on Darlington Ave to turn left onto US-17. Follow US-17 for
approximately 17 miles. Turn north on Randolphville Road. The next paved road will be the
junction of Galloway and Randolphville Road. Turn left onto Galloway Road and proceed to
Red Run Trail Road, which is the next (dirt) road on the right. This will take you down a dirt
road past some small trailer residences and over Boggy Branch. Take the first left and follow
it until it T's another dirt road. This is the Southwest corner of the site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): -78.228314 ON 34.072065 °W
6. Property size (acres): 89.4
7. Name of nearest receiving body of water: Boggy Branch
8. River Basin: Lumber
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently the site has bed and row plantings of loblolly pine
for timber production. The pines are approximately 10 years old and average 10 feet tall.
Shrub species typical of pocosin communities are abundant throughout the site. The site is
Updated 11/1/2005
Page 6 of 13
drained by two central ditches and previously this site would have supported a pond pine
woodland or pocosin community. On the west south and east perimeter of the site there are
drainage ditches also. The eastern ditch is shown as a blue line on USGS mapping (Bolivia).
The site is bordered to the north by land managed by The Nature Conservancy and on all
other sides by timber interests.
10. Describe the overall project in detail, including the type of equipment to be used: Berger
proposes to re-establish a pond pine woodland community at this site. Shearing blades
mounted on bulldozers will be used to remove the loblolly pine growth. This should leave
the shrub root material intact for future re-growth. The banks of the two central ditches that
currently drain the site support mature growth of desirable tree species such as bald cypress,
red maple loblolly bay, and sweetbay as well as shrubs including wax myrtle, red bay,
zenobia and ti ti. This vegetation will not be removed by the shearing operation. The
shearing will be followed by drum chopping to reduce the coarse woody debris and hasten
decomposition The drum chopping will also create microhabitats and improve hydrologic
flow through the site by cg the bed surfaces. Hydrology will be fully restored to the site
by installing impervious soil plugs at the ends and in the centers of the two central ditches.
Soil to construct the ditch plugs will be excavated from the site and the borrow pits will
become small shallow vernal pool habitats measuring approximately 1 to 1.5 feet deep. To
accomplish these objectives some clearing on the ditchbanks will be necessary at the plug
locations requiring bulldozers. Excavation of the borrow pits will be accomplished with
track machines and bulldozers. Soil will be transported through the site by truck. A suite of
woody species appropriate to a pond pine woodland vegetative community will be installed
throughout the site including pond pine loblolly bay, sweetbay, and Atlantic white cedar.
The areas immediately adjacent to the drainage channels around the perimeter of the site are
not predicted to develop wetland hydrology following construction and will be planted with
laurel oak, tulip poplar, and swamp white oak.
11. Explain the purpose of the proposed work: The purpose of this project is to re-establish a
pond pine woodland community at this site through nonriverine wetland restoration and 6
acres of Level 1 enhancement (2.5 to 1 ratio) through the North Carolina Department of
Environment and Natural Resources Ecosystem Enhancement Program (EEP) Full-Delivery
Process (FDP).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Berger identified and delineated a six acre wetland area located at the
north east of the property (WA). On April 8, 2008, a representative of the USACE, Wilmington
Updated 11/1/2005
Page 7 of 13
District met with Berger scientists at the site and verified that the delineated wetland boundary
was accurate as surveyed. This wetland abuts the RPW that runs north to south located on the
east side of the site. Also the two ditches that run west to east through the site and drain to the
RPW located on the east side were determined to be "jurisdictional tributaries" based on the
presence of an Ordinary High Water Mark (OHWM) but not stream channels. The Action ID
assigned to this determination by the USACE is 2008-01905.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The drainage channels through
center of the site were determined to be jurisdictional tributaries but not stream channels.
The soil plugs that are proposed for blocking these drainage channels will be 50 feet in length
and three will be installed in each ditch to total 300 linear feet.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
0

Total Wetland Impact (acres)
Updated 11/1/2005
Page 8of13
3. List the total acreage (estimated) of all existing wetlands on the property: 6 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mrnct he inclined To calculate acreage- multinlv length X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
0

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation. dredging. flooding. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on map) Name Waterbody
(if applicable) e)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
0

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Updated 11/1/2005
Page 9 of 13
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. No impacts to wetlands or
waters of the United States are proposed. Restoring hydrology to the site requires the blockage
of the central drainage channels.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
watering, irrigation, aesthetic, trout pond,
Updated 11/1/2005
Page 10 of 13
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed as part of this project as no impacts to waters of the United
States are proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Updated 11/1/2005
Page 11 of 13
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone i'--- C..+ 'I Multiplier
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or. 0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Not applicable.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Not applicable.
Updated 11/1/2005
Page 12 of 13
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
ee
S
30/0
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

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41
Legend
Jurisdictional Tributaries
Non-RPW
RPW
Project Site
O Wetland WA
USDA Soil
Feet
0 500 1,000
SOURCE:
Base Mapping - USGS Topographic Map: Bolivia

r; N.C. Ecosystem
Enhancement Program
Plum Creek Site
EEP Project # D06040
Delineated Features and USDA Soil
THE LOUIS BERGER GROUP Figure 2
1001 Wade Avenue, Suite 400
Raleigh, NC 27605
Jan. 2008
THE LOUIS BERGER GROUP, INC.
1001 Wade Ave. Raleigh, North Carolina 27605
Tel [phone] Fax [phone] www.louisberger.com
February 8, 2008
MEMO
Re: Permission to Enter Property, Plum Creek Wetland Restoration Site,
Brunswick County, North Carolina.
The Louis Berger Group, Inc. (Berger) is the property owner of the approximately 88
acre Plum Creek wetland restoration tract located to the north of Galloway Road near
Shallotte in Brunswick County, North Carolina. Berger employees may act as agents of
the corporation to allow entry to the property.
Thank you,
Ray Bode, PWS
Senior Environmental Scientist
The Louis Berger Group
1001 Wade Ave. Suite 400
Raleigh NC 27605
main: 919-866-4400
direct: 919-866-4420
CONTRACT NO,.D06040-A
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACTOR'S FEDERAL I.D.
22-1754524
CFDA CODE: NIA
THIS AGREEMENT, made and entered into by and The Louis Berger
Group, hereinafter referred to as "CONTRACTOR", and North Carolina Department of
Environment and Natural Resources, hereinafter referred to as "DEPARTMENT";
WITNESSETH:
THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT
a proposal for, the performance of certain technical or professional services; and
WHEREAS, the DEPARTMENT desires to enter into a contract with the
CONTRACTOR to perform the services set out in the proposal;
NOW, THEREFORE, for and. in consideration of the mutual promises to
each other, as hereinafter set forth, the parties hereto do mutually agree as follows:
1. The CONTRACTOR hereby agrees to perform in a manner
satisfactory to the DEPARTMENT, a full delivery project entitled "Plum Creek Wetland
Site" in the Lumber River Basin, Cataloging Unit-.03040207 as described in the
CONTRACTORS proposal dated March 13, 2006, which by-reference is incorporated as
part of this contract and the Request for Proposal 16-D06040 on file with the
DEPARTMENT.
2. The Ecosystem Enhancement Program (EEP) agrees to procure 80
non-riverine wetland mitigation units on the Plum Creek Wetland Site.
3. The DEPARTMENT hereby agrees to pay the CONTRACTOR per the
Contractor's Cost Proposal for 80 non-riverine wetland mitigation units at a cost of
er unit for a sum of money not to exceed
said sum to be full and complete
compensation for services to be rendered under this agreement.
(a) Payment for services will be made upon receipt and approval
of invoice(s) from the CONTRACTOR documenting the costs incurred in the performance
.of work under this contract and as specified under the Payment Schedule in section 7
of the Request for Proposal 16-D06040 on file with the DEPARTMENT.
(b) All travel, lodging, and subsistence costs are included in the
Dntract total and no additional payments will be made in excess of the contract amount
`icated above. Contractor must adhere to the travel, lodging and subsistence rates
blished in the Budget Manual for the State of North. Carolina.
1 of 5
CONTRACT NO. D06040-A
(c) Invoices are to be submitted to the Contract Administrator as
specified in the Payment Schedule in section 7 of the Request for Proposal 16-DO6040
on file with the DEPARTMENT. Final invoice must be received by-the DEPARTMENT
within 45 days after the end of the contract period.
(d) Amended or corrected invoices must be received by the Office
of the Controller within six months after the end of the contract period. Any invoices
received after six months will be returned without action.
4. The parties to this contract agree and understand that the payment
of.the. sums specified in this contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT.
5. The State Auditor shall have access to persons and records as a
result of all contracts and grants entered into, by State agencies or political subdivisions
in accordance with General Statute 147-64.7. The Contractor shall retain all records for
a' period of three years following completion of the contract.
6.. . The Contractor shall be considered to be an independent contractor
and as such shall be.wholly responsible for the work to be performed and for the
supervision of its employees. The Contractor represents that it has, or will secure at its
own expense, all personnel required in performing the services under this agreement.
Such employees shall hot be employees of, or have any individual contractual relationship
with the DEPARTMENT.
7. The CONTRACTOR shall not substitute key personnel assigned to
the performance of this contract without prior approval by the Contract Administrator. The
following individual is designated key personnel for purposes of this contract; dark
Rennpl. ark r?
8. None of the work to be performed under this contract which involves
the specialized 'skil.l or expertise of the CONTRACTOR or his employees shah be
subcontracted without prior approval of the Contract Administrator. In the event the
CONTRACTOR subcontracts for any or all of the services or activities covered by this
contract: (a ),'the CONTRACTOR is not relieved of any of?the duties and responsibilities
provided in this contract; (b) the subcontractor agreesgo abide by the standards contained
herein' or to provide such information as to allow the CONTRACTOR to comply with these
standards, and; (c) the subcontractor agrees to allow state and federal authorized
representatives access to any records pertinent to its role as a subcontractor.
g. The services of the CONTRACTOR are to commence on the "Project
Start Date which will be the final executed date signed by the DEPARTMENT as
located- on. the execution page of this contract. All milestone deliverables will be
determined from the project start date. Services shall be undertaken and completed in
sttch sequence as to assure their expeditious completion in the light of the purposes of
this agreement, but in any event, all of the services required hereunder shall be
completed by the 30t" day of .tune, 2013.
2of5
CONTRACT NO. D06040-A
. 10. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely
and proper manner the obligations under this agreement, the DEPARTMENT shall
thereupon have the right to terminate this contract by giving written notice to the
CONTRACTOR of such termination and specifying the reason thereof and the effective
date thereof. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall,
at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall
be entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials. The CONTRACTOR shall not be relieved of
liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of
any breach of this agreement, and the DEPARTMENT may withhold payment to the
CONTRACTOR for the purpose of set off until such time as the exact amount of damages
due the DEPARTMENT from such breach can be determined.
11. This contract may be terminated by either party upon thirty (30) days
notice given in writing by one party to the other. If the contract is terminated, all finished
or unfinished documents and other materials shall, at the option of the DEPARTMENT,
become its property. Termination of the contract by the CONTRACTOR shall not prohibit
the DEPARTMENT from seeking remedy for additional costs consequential to the
termination, which are incurred by the DEPARTMENT. If the contract is terminated by the
DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which
bears the same ratio to the total compensation as the services actually performed bear
to the total services of the CONTRACTOR covered by this agreement; for costs of work
performed by subcontractors for the CONTRACTOR provided that such subcontracts
havQ,,been approved as provided herein; or for each,full day of services performed where
compensation is. based orb each full day of services performed, less'(' payment of
compensation previously made. The CONTRACTOR shall repay to'the I DEPARTMENT
any compensation it has..,received which is in excess of the payment to which it is entitled
herein.
>. 12.-, The CONTRACTOR shall ensure that all publications produced as 'a
result of this contract are printed double-sided on recycled paper.
13. The DEPARTMENT may, from time to time, request changes in the
scope of the services of the CONTRACTOR to be performed under this agreement. Such
changes, including any increase or decrease in the amount of the CONTRACTOR'S
compensation, which are mutually agreed upon by and between the CONTRACTOR and
the DEPARTMENT, shall be incorporated in written amendments to this contract.
14. Any information, data, instruments, documents studies or reports
given to or prepared or assembled by the CONTRACTOR under this agreement shall be
kept as confidential and not divulged or made available to. any individual or organization
without the prior written approval of the DEPARTMENT.
15. Upon the entering of a judgment of bankruptcy or insolvency by or
against the CONTRACTOR, the DEPARTMENT may terminate this agreement for cause.
3 of 5
CONTRACT NO. D06040-A
16. The CONTRACTOR shall not assign or transfer any interest in this
agreement.
17. No reports, maps -or other documents produced in whole or in part
under this agreement shall be the subject of an application for copyright by or on behalf
of the CONTRACTOR.
18. The CONTRACTOR agrees that it shall be responsible for the-proper
custody and carp of any State owned property furnished for use in connection with the
performance of this contract and will reimburse the State for its loss or damage.
19. This contract represents the entirety of the agreements and
covenants between the DEPARTMENT and the CONTRACTOR with respect to the
subject matter hereof and accordingly cannot be amended or modified except by written
instrument executed by the parties hereto.
20, The CONTRACTOR shall hold and save the State, its officers, agents,
and employees, harmless from liability of any kind, including all claims and losses, with
the exception of consequential damages, accruing or resulting to any other person, firm,
or corporation furnishing or supplying.work, services, materials, or supplies in connection
with the performance of this contract, and from any, and all claims and losses accruing or
resulting.to any person, 'firm, or corporation that may be injured or damaged by the
CONTRACTOR in the performance of this contract and that are attributable to the
negligence or intentionally tortuous acts of the CONTRACTOR provided that the
PONTRACTOR is notified in writing within 30 days that the State has knowledge of such
;claims. The CONTRACTOR represents and warrants that it shall make`ho claim of any
kind or nature against the State's agents who are involved in the delivery-or processing
of CONTRACTOR goods .to the State. The representation and warranty in the preceding
sen,#ence shall. survive the termination or expiration of this contract.
.21. .-The. DEPARTMENT does not waive its sovereign- immunity by entering
into this contract and fully retains all immunities and -defenses provided by law with
respect to any action based on this contract.
22. The parties certify and warrant that no gratuities, kickbacks or
contingency fee(s) were paid in connection with this contract, nor were any fees,
commissions, gifts or other considerations made contingent upon the award of this
contract.
23. The CONTRACTOR certifies that it (a) has neither used nor will use
any appropriated funds for payments.to lobbyist; (b) will disclose the name, address,
{payment details, and purpose of any agreement with lobbyists whom CONTRACTOR or
its subtier contractor(s) or subgrantee(s) will pay with profits or non-appropriated funds
on or after December 22, 1989, and (c) will file quarterly updates about the use of
lobbyists if material changes occur in their use.
24. The CONTRACTOR shall take affirmative action in complying with all
federal and state requirements concerning fair employment and employment of people
4of5
CONTRACT NO. D06040 -A
with disabilities, and concerning the treatment of all employees without regard to
discrimination by reason of race, color, religion, sex, national origin, or disability
25. The CONTRACTOR shall comply with all laws, ordinances, codes,
rules, regulations, and. licensing requirements that are applicable to the conduct of its
business, including those of federal, state, and local agencies having jurisdiction and/or
authority.
26. Jeff Jurek is designated as the Contract Administrator (project
coordinator) for the State. However, any changes in the scope of the contract which will
increase or decrease the CONTRACTOR'S compensation shall not be effective until they
have been approved by the DEPARTMENT Head or Authorized Agent.
IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have-
executed this agreement in duplicate originals, one of which is retained by each of the
parties, the day and year first above written.
THE LOUIS BERGER GROUP
By
T. James Stamatisi
.E::
Typed Name
6
Date
CONTRACTOR.
WITNESS.
Signature
t°I ot?
Date
Approved as to Form;
Attorney General of North Carolina
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL.
RESOURCES
for
Willia'n G. Ross, Jr., Secretary
Director/Division of
Purchase & Services
By
epar ad' Signature
or Authorized Agent
Final Emicuted'Date ("Project Start Date" will be
7 calendar days from the date written above)
DEPARTMENT
WITNESS;
r J '
Signature
Sri
Date
ORIGINAL,
5 of .5
WETLAND RATING WORKSHEET Fourth Version
Project Name {?f C{ vr? ?Je ?nW X eS,- l rJq Nearest Road ?pwc? y -f yZ? yvJ %fe 1 ?.
County ?' Jr? S)&A"C Wetland area - acres Wetland width 2yc.) feet
Name of evaluator
Wetland location
on pond or lake
- on perennial stream
on intermittent stream
SG within interstream divide
other:
Soil series: Lear) 6j ' sa dy
predominantly organic - humus, muck, of
peat
__-- predominantly mineral - non-sandy
predominantly sandy
Hydraulic factors
steep topography
ditched or channelized
.total wetland width > 100 feet
Wetland type (select one)%
Bottomland hardwood forest
1-leadwater forest
Swamp forest
Wet flat
XPocosin
Bog forest
Date 'Z/ / / 2.0e)
Adjacent land use
(within %2 mile upstream, upslope, or radius)
-forested/natural vegetation j C)L - _%
agriculture, urban/suburban %
impervious surface %
6-Dominant vegetation
(1):L t h6 /G. •i
(2) Co e/7,7 - <?
(3)
Flooding and wetness
semipermanently to permanently flooded or
inundated
X seasonally flooded or inundated
intermittently flooded or temporary surface water
no evidence of flooding or surface water
Pine savanna
Freshwater marsh
Bog/fen
Ephemeral wetland
Carolina bay
Other:
. The rating system cannot be applied to salt or brackish marshes or stream channels
---------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------
R Water storage x 4.00 =
A Bank/Shoreline stabilization x 4.00 = u Wetland
rating !
T Pollutant removal Q **x5.00=
E
I Wildlife habitat 3 x 2.00 = (n f
N Aquatic life value x 4.00 = k
G Recreation/Education x 1.00 =
l
**Add I point if in sensitive watershed and >10% nonpoint source disturbance within %2 mile upstream, upslope, or raditis
FIELD DATA FORM
Job Number: JR5155 Nearest Wetland Flag: WA - 013
Field Investigators: R. Bode Date: 2/6/2007
Project/Site: Plum Creek Wetland Restoration Site County: Brunswick
Applicant/Owner: The Louis Berger Group, Inc. State: NC
Wetland: WA Upland: WA
Wetland Vegetation
Dominant Plant Sneciec Stratum Stahic
Upland Vegetation
Dominant Plant Sneciec
Indicator
Stratum Staffs
1 Pinus taeda Tree FAC 1 Pinus taeda Tree FAC
2 Magnolia virginiana Tree FACW+ 2 Cyrilla racemiflora Shrub FACW
3 Cyrilla racemiflora Shrub FACW 3 Ilex glabra Shrub FACW
4 Ilex labra Shrub FACW 4 Gelsemium sem ervirens Vine FAC
5 Zenobia pulverulenta Shrub OBL 5 Smilax laurifolia Vine FACW+
6 Smilax laurifolia Vine FACW+ 6
7 Andropogon glomeratus Herb FACW+ 7
8 8
>50% FAC or Wetter, or Prevalence Index <3?
K4 Yes (Hydrophytic Vegetation Criterion Met)
No (Hydrophytic Vegetation Criterion Not Met)
Wetland Soils
Soil Series/Phase: Leon fine sandy loam
Is the Soil Listed as Hydric? No
Depth Mottling
FAC or Wetter, or Prevalence Index <3?
Yes (Hydrophytic Vegetation Criterion Met)
No (Hydrophytic Vegetation Criterion Not Met)
Upland Soils
Soil Series/Phase: Leon fine sandy loam
Is the Soil Listed as Hydric? No
Depth Mottling
(Inches) Matrix Mottling % Texture (Inches) Matrix Mottling % Texture
0-11 10YR2/1 none sandy clay loam 0-16 10YR2/1 sandy clay loam
11-16 10YR2/1 none silty clay loam
Hydric Soil Criterion Met?
K4 Yes (Hydric Soil Criterion Met)
No (Hydric Soil Criterion Not Met)
Rationale:
ric Soil Criterion Met?
KR Yes (Hydric Soil Criterion Met)
No (Hydric Soil Criterion Not Met)
Wetland Hydrology
Ground Surface Inundated? No Depth (Inches):
Soil Saturated? Yes Depth to Saturation (Inches):
Depth to Free-standing Water in Probe Hole (Inches):
Field Evidence of Hydrology: Drainage patterns
Upland Hydrology
Ground Surface Inundated? No Depth (Inches):
2 Soil Saturated? No Depth to Saturation (Inches):
11 Depth to Free-standing Water in Probe Hole (Inches):
Field Evidence of Hydrology:
Evidence of Prolonged Saturation and/or Inundation?
K4 Yes (Wetland Hydrology Criterion Met)
No (Wetland Hydrology Criterion Not Met)
fence of Prolonged Saturation and/or Inundation?
Yes (Wetland Hydrology Criterion Met)
K4 No (Wetland Hydrology Criterion Not Met)
Atypical Situation in Upland and/or Wetland? No Comments:
THE LOUIS BERGER GROUP, INC.
1001 Wade Ave. Raleigh, North Carolina 27605
Tel [phone] Fax [phone] www.louisberger.com
April 8, 2008
MEMO
Re: Jurisdictional Determination - Wetland Boundary Verification
On April 8, 2008, Liz Hair (US Army Corps of Engineers, Wilmington) met with Ray Bode
(Louis Berger Group, Raleigh) to tour the Plum Creek wetland restoration site near
Shallotte in Brunswick County, North Carolina.
Berger had identified and delineated a six acre wetland area located at the north east of
the property. Ms. Hair viewed the delineated wetland and verified that the boundary
was accurate as surveyed. This wetland abuts the RPW that runs north to south
located on the east side of the site.
Ms. Hair and Mr. Bode viewed the two ditches that run west to east through the site
and drain to the RPW located on the east side. Ms. Hair determined these two features
were "'jurisdictional tributaries" based on the presence of an Ordinary High Water Mark
(OHWM), but not stream channels.
Ms. Hair indicated that plugging these ditches as called for in the current restoration
plans will not require a USACE permit.
At the conclusion of the meeting, Mr. Bode agreed to revise and submit Rapanos forms
to show the jurisdictional status of the tributaries per the decisions made at the site
during this meeting.
THE LOUIS BERGER GROUP, INC.
1001 Wade Ave. Raleigh, North Carolina 27605
Tel [phone] Fax [phone] www.louisberger.com
February 8, 2008
Ms. Kim Garvey
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Re: Request for Verification, Jurisdictional Delineation, Plum Creek Wetland
Restoration Site, Brunswick County, North Carolina.
Dear Ms. Garvey,
Per our telephone conversation on February 5, please accept this revised submittal
package to replace the package previously submitted for the Plum Creek wetland
restoration project in the Lumber River Basin (HUC 03040207). The Louis Berger
Group, Inc. (Berger) proposes to restore approximately 88 acres of degraded wetland
to meet jurisdictional criteria. This tract is located off Red Run Trail Road to the north
of Galloway Road near Shallotte in Brunswick County, North Carolina (Figure 1). This
project will be undertaken as a full delivery project contracted with the North Carolina
Ecosystem Enhancement Program (NCEEP). The outcome of the wetland restoration
will be a Palustrine Scrub-Shrub (PSS) pond pine woodland community.
Berger conducted a jurisdictional field survey on February 6, 2007 and delineated
approximately 6 acres of jurisdictional wetlands within the area of the proposed
activities (Figure 2) (-78.228314, 34.072065). This PSS wetland (wetland WA) is part of
the Beaverdam Bay wetland system and drains through a series of ditches to Boggy
Branch, a tributary to Lockwoods Folly River. A ditch is indicated on the USGS 7.5'
map, Bolivia, as a blue line originating near the center of the project site and draining
to the east. This ditch was not identified as a jurisdictional stream during field surveys.
To reach the project site from the USACE Wilmington offices, go north on Darlington
Ave to turn left onto US-17. Follow US-17 for approximately 17 miles. Turn north on
Randolphville Road. The next paved road will be the junction of Galloway and
Randolphville Road. Turn left onto Galloway Road and proceed to Red Run Trail Road,
which is the next (dirt) road on the right. This will take you down a dirt road past some
small trailer residences and over Boggy Branch. Take the first left and follow it until it
T's another dirt road. This should be the Southwest corner of the site. Most everything
leading up to it along that road will be mature pine plantation. The site was cut and
replanted within the last five years and most of the pines will be around 10 feet high.
The jurisdictional portion of the site is at the northeast corner of the property (Figure
2).
Enclosed are data pertaining to this jurisdictional wetland delineation. Berger is
requesting verification of these features. Please contact me with scheduling at your
earliest convenience.
Thank you,
Ray Bode, PWS
Senior Environmental Scientist
The Louis Berger Group
1001 Wade Ave. Suite 400
Raleigh NC 27605
main: 919-866-4400
direct: 919-866-4420
enc: Map figures
Agent authorization
Hydrologic characterization
Wetland data
Contract for wetland mitigation with NCEEP
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: North and West of Randolphville Rd. and Galloway Road. The
Louis Berger Group, Inc. (Berger) proposes to restore approximately 88 acres of degraded wetland to meet jurisdictional criteria. This tract
is located off Red Run Trail to the north of Galloway Road near Shallotte in Brunswick County, North Carolina (Figure 1). This project will
be undertaken as a full delivery project contracted with the North Carolina Ecosystem Enhancement Program (NCEEP). The outcome of the
wetland restoration will be a PSS Pond Pine Woodland community. Berger delineated approximately 6 acres of jurisdictional wetland
abutting an off-site RPW and 2 Non-RPW jurisdictional tributaries within the area of the proposed activities (Figure 2).
State: NC County/parish/borough: Brunswick City: near Shallotte
Center coordinates of site (lat/long in degree decimal format): Lat. 34.072065° N, Long. 78.228314° W.
Universal Transverse Mercator:
Name of nearest waterbody: Boggy Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Lockwood Folly River
Name of watershed or Hydrologic Unit Code (HUC): 03040207
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
® Field Determination. Date(s): 4/8/2008
SECTION IL• SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
? Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 3,500 linear feet: 8 width (ft) and/or acres.
Wetlands: 6 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section IILF.
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.1.; otherwise, see Section IH.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacenf
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HLDA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IH.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 25acres
Drainage area: 25 acres
Average annual rainfall: 55.8 inches
Average annual snowfall: 0.7 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if known:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apps
Tributary is: ? Natural
® Artificial (man-made). Explain: Tributaries are ditches draining a pocosin wetland.
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 6 feet
Average depth: 3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
® Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable vegetated banks.
Presence of run/riffle/pool complexes. Explain: None evident.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for: Ephemeral flow
Estimate average number of flow events in review area/year: 1
Describe flow regime: Source of tributary flow is primarily groundwater intercepted from the drained wetland.
Observable surface flow is very infrequent.
Other information on duration and volume: None known.
Surface flow is: Discrete. Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
® leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum,
? fine shell or debris deposits (foreshore) ? physical markings,
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water was clear.
Identify specific pollutants, if known: None are known. The watershed for these ditches is undeveloped.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Vegetation is typical of the pocosin that once existed on the site.
Average width is 10 feet.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteri stics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil fihn on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:Based on the
information presented in the sections above, the tributaries on the site have potential to significantly affect the chemical, physical,
and biological integrity of the TNW.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWs8 that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section 111. C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
® Tributary waters: 3,500 linear feet 8width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: 200 ft. north of delineated wetland the wetland complex is abutting a channelized
unnamed tributary, the RPW, which ultimately flows to the TNW Lockwood Folly River. Overland flow was
observed draining into the RPW. Elevations on the USGS quad corroborated the direction of drainage within the
delineated wetland.
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section I1I.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 6 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III. C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
'See Footnote # 3.
9 To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U. S. Geological Survey map(s). Cite scale & quad name: Beaverdam Bay USGS Bolivia, NC 1:24,000.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Barnhill et. al., 1986. Soil Survey of Brunswick County,
North Carolina, United States Department of Agriculture, Soil Conservation Service. Washington, DC..
® National wetlands inventory map(s). Cite name: Beaverdam Bay USGS Bolivia, NC 1:24,000.
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
® Other information (please specify): Survey by Berger 2/6/2007.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
HYDROLOGIC CHARACTERIZATION:
PLUM CREEK WETLAND RESTORATION SITE, BRUNSWICK
COUNTY, NC
PREPARED BY
THE LOUIS BERGER GROUP
RALEIGH, NC
2007
Hydrological Characterization
1.1.1. Groundwater Modeling
Hydrologic analysis was conducted to aid in the design of the Plum Creek wetland site. Analysis
consisted of performing groundwater level monitoring and performing a water budget simulation
of the site.
1.1.1.1. Input Analysis for the Wetland Water Budget
A daily water budget for the proposed nonriverine wetland restoration area was developed
following an application of the conservation of mass law:
AS =(P+QR+Ron)-(ET+QD+Roff)± Sw
Change in Storage
Inflow Outflow Soil Water Effect
Where:
AS = Change in storage
QR = Groundwater recharge
Ruff = Surface water outflow
QD = Groundwater discharge
P = Precipitation
R. = Surface water inflow
ET = Evapotranspiration
Sw = Soil water storage
This approach is consistent with guidance suggested by Pierce (1992) and Garbisch (1994). Even
though groundwater recharge and discharge may occur to and from the Plum Creek site, it was
assumed that the groundwater inflow and outflow did not result in a change in water storage
within the wetland. Based on this result, groundwater recharge and discharge was not considered
in the daily water budget model. This assumption was adopted because no offsite groundwater
data was available. As a result the conservation of mass equation for the water budget was
simplified to:
AS = (P + Ron) - (ET + Roff) + Sw
~
Change in Storage ?
Inflow Outflow Soil Water Effect
The fact that groundwater inflow and outflow were not included in the model will have little or
no effect on the model results because as mentioned in section 5.3.3 of this report, the soil has
very low hydraulic conductivity (10.04 in/month). Since groundwater flow is a function of
hydraulic conductivity, groundwater inflow and outflow will therefore be low or negligible. A
summary of input variables for the water budget and their sources are shown in Data Table 1.
Data Table 1: Input Variables for the Existing and Proposed Freshwater Water Budget
Models
Parameter Source
NOAA rainfall gage data at Wilmington, NC International Airport
Precipitation (COOP ID # 319457). Daily data, 1976-2006 (30 years of data).
Same values used for existing and proposed conditions.
Reference or potential evapotranspiration (ETo) data for the period
Evapotranspiration (ET) 1976 to 2006 (30 years) was obtained from the NOAA climatological
data gage at Wilmington, NC International Airport (COOP ID 4
319457). And then converted to actual crop evapotranspiration (ET,,)
using the relationship ET, = K,ET.; where K, is the crop coefficient
(FAO, 1997). Data available daily. February 2007 to August 2007
obtained via an average of the previous 10 years of data for those
respective months. Seasonably variable crop coefficients from 0.50 to
1.05 were used for the existing and proposed condition respectively
based on model calibration.
Soil is composed of mostly mucky fine sandy loam and some fine
Soil Water Storage sand and some mucky loam (USDA, 2007. Actual values for soil
water holding capacity determined from model calibration.
Surface Water Inputs determined using TR-55 (equation 2.1) (USDA, 1986) for
Inputs/Outputs proposed conditions only.
Groundwater
Inputs/Outputs It was assumed that groundwater inflows equal the outflows.
Surface inflows to the site were determined from the offsite drainage area. The offsite drainage
area flowing to the site was found to be 22 acres via USGS quadrangle maps. The surface
inflows to the site Ro„ from this offsite drainage area were determined using equation 2-1 from
TR-55 USDA, 1986). Curve numbers were calculated and used to determine the potential
maximum retention after runoff and the initial abstraction needed to satisfy equation 2-1. Once
the depth of available run-on was determined from equation 2-1, it was assumed that the entire
volume of water from offsite was distributed uniformly over the acreage of the study location,
thereby providing the depth of run-on for the water budget.
Using the precipitation, evapotranspiration, soil water holding capacity, and the surface water
run-on to the site, the daily change in water storage was determined for a given set of site
parameters. Based on these changes in water storage, water level fluctuations/elevations at the
site were determined. The elevations were calibrated to the measured groundwater elevations as
discussed in section 3.2.1.3.
1.1.1.2. Groundwater Monitoring
Nine groundwater monitoring gages were installed at the site. The groundwater elevations were
measured using EcoTone waterlevel loggers recorded every 8 hours (average of 3 readings for
daily values) with an accuracy of +/- 3 mm. Groundwater data was monitored from February 5,
2007 to August 12, 2007. A plot of the groundwater elevations at the nine gages during the
monitoring period is shown in Plot 1.
Plot 1: Plum Creek Groundwater gauge Elevations 2007
Plum Creek Groundwater Gage Elevations 2007
50.0
49.0
48.0
p 47.0
a
Z
46.0
0
45.0
w
A 44.0
3
c
43.0
42.0
41.0
40.0
10
9
8
7 ¦precip
• pct
6 ¦pc2
ci pc3
5 A pc 4
pc5
apc6
4 +pc7
- pc8
3 pc9
2
N ? ? N ? ? N CO CO N ? ? N N V V
Date
1.1.1.3. Calibrating Existing Conditions Groundwater Data
The existing condition groundwater data was calibrated using the water budget formula discussed
in section 3.2.1.2. Surface water run-on from the offsite drainage area was neglected because of
existing ditches that intercept surface water flows before reaching the Plum Creek site. The
parameters that were varied during the calibration were the crop coefficient and the water holding
capacity. These parameters were varied until the root mean square errors between measured
groundwater elevations and those predicted by the model were minimized. It was found that a
variable crop coefficient of 1.05 to 0.50 (variable from February to August) and a water holding
capacity of 0.055 were the parameter values that optimized the modeled elevations to the
measured elevations. The water holding capacity falls within the range of empirical values of
0.00-0.15 for the type of soil at the site (USDA, 2007). A typical plot of modeled and measured
data is shown in Plot 2. Plot 2 shows gage 5 located in existing wetland was the most responsive
gage to precipitation events at the site.
At times there is a time delay in response between the modeled and measured groundwater
elevations. This may be caused by processes not considered in the model that occur over "fast"
timescales such as net groundwater flow into the ditches and away from the site. It may be
possible that during these storm events significant amounts of net surface outflow were occurring
through the artificial ditch network at the site. It may also be possible that the soil water holding
capacity was variable over the period of study, although it was assumed to have a constant value.
These hypotheses may explain the relatively poor fit of the data in the summer months (June to
August) as compared to good fit of the data in the late winter and spring months (February to
May).
1.1.2. Surface Water Modeling at Restoration Site
The Plum Creek Wetland Restoration Project lacks any significant surface water component.
Surface water run-on from the offsite drainage area is negligible because of existing ditches that
intercept surface water flows before reaching the Plum Creek site. Therefore, no surface water
modeling was completed.
1.1.3. Hydrologic Budget for Restoration Site
1.1.3.1. Proposed Groundwater Condition for an Average Year of Rainfall
Unlike the existing condition where the Plum Creek site is isolated with no offsite runon, the
proposed water budget includes offsite runon to the site. The ditches that currently intercept flow
under existing conditions will be plugged during the proposed conditions thereby allowing the
offsite overland flow to add to the water budget of the site. The surface water contribution to the
Plot 2: Modeled and measured groundwater elevations at the location of monitoring gage 5
restored site was computed using the TR-55 method as described in Section 3.2.1.1. The initial
condition water elevation for the proposed model could affect the overall number of events of
inundation and saturation for the site. Therefore, three different initial conditions were modeled:
initial water elevation set to the average ground surface elevation at the site and the simulation
starting on April 1st (Scenario 1), initial water elevation set to the average measured elevation on
February 5th and the simulation starting on February 5th (Scenario 2), and initial water elevation
set to the lowest measured elevation from any of the nine groundwater gages and the simulation
starting on February 5th (Scenario 3). These three scenarios simulate wet, average, and dry soil
conditions respectively. All three scenarios produced identical results, therefore only Scenario 1
will be chosen to display the model results in the proceeding sections.
1.1.3.2. Proposed Condition Water Budget Results
The results for the proposed condition groundwater elevations are displayed in Plots 3, 4, and 5
for a dry (1978), average (1998), and wet (1999) year respectively. Data is only shown for the
period where the growing season (4/1 to 10/31) and the groundwater measurement period (2/5 to
8/12) overlap (i.e. 4/1 to 8/12). The horizontal lines show the average ground surface elevation
(taken as an average of the surface elevations at each of the groundwater gages) and the depth 12
inches below the level of the average ground surface. The modeled results were used to
determine the number of days of inundation and saturation within 12 inches of the ground surface
that will result at the site for the dry, average, and wet precipitation years during the growing
season. Data Table 2 summarizes these results along with the percent of the growing season that
the wetland site will be inundated or saturated within 12 inches. The number of days of
saturation and inundation are compared to the wetland criteria. The wetland criteria used for this
project was hydrologic zone IV, seasonally inundated or saturated. The criterion is summarized
as:
• Inundation and or soil saturation for greater than 12.5 % -25 % of the growing season in
the upper 12 inches of the soil (Environmental Laboratory, 1987).
Therefore, it can be seen from Data Table 2 that the dry, average, and wet precipitation years all
satisfy this criteria even under existing ground elevations.
Plot 3: Proposed condition groundwater elevation for a dry year of precipitation (1980) during the
growing season
Dry Year (1980) Growing Season Conditions: Groundwater Elevations
49.00 HHHHHHH 10.00
48.50 111
77777777- 9.00
8.00
48.00

Q 47.50 7.00
z _
6.00 c
c 47.00
c
.
5.00 ?
a
w 46.50
°
`w 4.00
IL
46.00
Initial Conditions: A verage 3.00
0
Ground Surface Ele
vation
45.50 - Initiated on April 1
2.00
45.00 1.00
44
50 0
00
. .
t?, I-P
1,0 ll ,
ir `l , \10
\1r1? A" A\0
?1
1 6
6
A
A
Date
Precipitation - 12 Inches Below Ground Surface Average Ground Surface 0 Groundwater Elevation
Plot 4: Proposed condition groundwater elevation for an average year of precipitation (1998) during
the growing season
Average Year (1998) Growing Season Conditions: Groundwater Elevations
49.00 10.00
9.00
48.50
8.00
48.00
D
7
00
'a .
z 47.50
? 6.00 c
?
0 c
0
47.00
w 5.00 a
a
w •?
`w 4
00 w
`
3 46.50 4 - . IL
- t
? Initial Conditions: A verage 3.00
0 Ground Surface Ele vation
46.00
Initiated on April 1
2.00
45.50
1.00
45
00 0
00
. .
t?, ?rL°j
?r1?,
P?0
\?`y ?rL'1 I-P
h?rO
\?`?'
\`1? \10
\11P A" A\0
41
l\ ,
?
p
p y
y
y 1
,
A
A
Date
Precipitation - 12 Inches Below Ground Surface Average Ground Surface -*--Groundwater Elevation
Plot 5: Proposed condition groundwater elevation for a wet year of precipitation (1996) during the
growing season
Wet Year (1996) Growing Season Conditions: Groundwater Elevations
49.00
48.50
48.00
D
Q 47.50
z
0 47.00
w 46.50
ie
46.00
c
0
0
0 45.50
45.00
10.00
9.00
8.00
7.00
6.00 c
0
5.00 a
'a
4.00 a
3.00
2.00
1.00
44.50 0.00
?m ??y ?? ?tio yo h?o y?tio yti? 63 Atio oh o ti
Date
IIIIIIIIIIIIIIPrecipitation -12 Inches Below Ground Surface Average Ground Surface * Groundwater Elevation
Data Table 2: Percentages of the modeled groundwater elevations that show inundation and or soil
saturation within the upper 12 inches of the soil during the growing season for dry, average, and wet
precipitation years

Event % of Growing Season with
Inundation or Saturation
within upper 12" of soil
Greater than 12.5%-25% to meet wetland
criteria?
Dry Year 34% Yes
Average Year 53% Yes
Wet Year 68% Yes
Note: % includes only the days of inundation or saturation from 4/1 to 8/12.
It can be seen from Data Table 2, and Plots 3, 4, and 5 that the choice of initial condition does not
affect the behavior of the proposed groundwater at the site.
1.1.3.3. Conclusion
To restore wetland hydrology to the site, the existing ditches will be filled. It can be seen from
Data Table 2 that the restored wetland will meet saturation and or inundation wetland criteria at
existing ground elevations for dry, average, and wet precipitation years.