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Home My WebLink AboutMallard_ FINAL_Mitigation Plan 03.28.2017Mallard Water Quality Improvement Site Broad River Basin Final Mitigation Plan Modification Duke Energy Mitigation Order Cleveland County, North Carolina HUC 03050105 Pre 302 Jefferson Street, Suite 110 Raleigh, NC 27605 March 2017 i*14 11 ►L .YIIu 105 /\ �•1 The Mallard Stream and Wetland Mitigation Site (the "Site") is located within a watershed dominated by agricultural and forested land use in Cleveland County, North Carolina. The project streams and wetlands proposed for restoration have been significantly impacted by cattle grazing, channel relocation, and channelization. The project will involve the restoration, enhancement, and protection of streams and wetlands in the Broad River watershed. The site is located within the Broad River Basin and USGS 14 -digit HUC 03050105100030. The 2009 Broad River Basin River Basin Restoration Priorities (RBRP) identified several restoration needs for the entire Broad River Basin. HUC 03050105100030 was not identified as a Targeted Local Watershed (TLW), however because of the project's ability to meet stressor related goals it will still be beneficial to the Broad River Basin. The proposed Site includes streams that discharge into Buffalo Creek. Due to its location and proposed improvements, the Site will provide numerous ecological and water quality benefits within the Broad River Basin. While many of these benefits are limited to the project area, others, such as pollutant removal and improved aquatic and terrestrial habitat, have more far-reaching effects. The project presents 1,785 linear feet of Stream Restoration and 815 linear feet of Enhancement Level II generating 2,111 Stream Mitigation Units (SMU) as well as 26.22 acres of wetland rehabilitation generating 13.11 Wetland Mitigation Units (WMU). Benefits include the storage of excess water during flood events, preventing erosion of stream banks, reducing in -stream sedimentation, and nutrient reduction. In addition to the generated SMU and WMU totals, the abandoned stream channel will be backfilled with the existing adjacent spoil piles to create approximately 0.34 acres of wetland. The Site encompasses 31.6 acres of actively managed floodplain with a single easement area. The easement is bordered by Buffalo Creek to the northwest and is partially used for cattle farming. Current stream and wetland conditions along the proposed reaches demonstrate habitat degradation as a result of impacts from livestock and a lack of riparian buffers. The objective for this Site is to restore and design natural waterways through stream/wetland complexes with appropriate cross-sectional dimension and slope that will provide function and meet the appropriate success criteria for the existing streams. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat. The floodplain areas will be hydrologically reconnected to the channels where feasible to provide natural exchange and storage during flooding events. The design is based on reference conditions, USACE guidance (USACE 2005), and criteria that were developed during this project to achieve success. Additional site objectives, such as restoring the riparian buffer with native vegetation, ensuring hydraulic stability, and eradicating invasive species, are listed in Section 1. Restoration of Type C4/5 and E4/5 reaches will consist of constructing low to moderate sinuosity (1.1- 1.4) streams. Each stream type will be constructed with a moderate width -depth ratio (12.5-16) that accesses the floodplain at greater-than-bankfull flows. For stream reaches with average channel slopes from 0.5% to 0.6% the bed profile form is in a riffle -pool morphology. The profile is therefore a combination of riffle, run, pool, and glide features. Given the small sediment size, it is anticipated that the bed will be highly mobile and these features will adjust frequently. Wetland enhancement on Buffalo Creek will primarily involve removing livestock, planting native tree and shrub species commonly found in reference ecosystems, invasive species control, beaver control, and surface roughening to increase infiltration and storage. Mallard Restoration Plan ii March 2017 After completion of all construction and planting activities, the site will be monitored on a regular basis and a physical inspection of the site will be conducted at a minimum of twice per year throughout the seven-year post -construction monitoring period, or until performance standards are met. These site inspections will identify site components and features that require routine maintenance. The measure of stream restoration success will be documented by bankfull flows and no change in stream channel classification. The measures of vegetative success for the Site will be the survival of at least 320 planted trees per acre at the end of Year 7, an average tree height of 6 feet after Year 5 and 8 feet at the end of Year 7; however, there will be an option for early close-out if all success criteria are met after five years of continuous monitoring. Mallard Restoration Plan iii March 2017 TABLE OF CONTENTS 1 PROJECT INTRODUCTION........................................................................................................ 6 1.1 Site Location........................................................................................................................... 6 1.2 Project Components................................................................................................................ 6 2 WATERSHED APPROACH......................................................................................................... 7 2.1 Historical Land Use and Development Trends....................................................................... 7 2.2 Soil Survey............................................................................................................................. 7 2.3 Site Photographs.................................................................................................................. 10 3 SITE PROTECTION INSTRUMENT......................................................................................... 11 3.1 Site Protection Instrument(s) Summary Information........................................................... 11 4 BASELINE INFORMATION...................................................................................................... 12 4.1 Watershed Summary Information........................................................................................ 13 4.1.1 Drainage Area...............................................................................................................13 4.1.2 Surface Water Classification........................................................................................13 4.2 Reach Summary Information............................................................................................... 13 4.2.1 UT1...............................................................................................................................13 4.2.2 Vegetation.....................................................................................................................14 4.3 Wetland Summary Information............................................................................................ 14 4.3.1 Existing Wetlands and Floodplain................................................................................14 4.4 Regulatory Considerations and Potential Constraints.......................................................... 14 4.4.1 Property Ownership, Boundary, and Utilities...............................................................14 4.4.2 FEMA/Hydrologic Trespass.........................................................................................14 4.4.3 Environmental Screening and Documentation.............................................................15 5 FUNCTIONAL UPLIFT POTENTIAL....................................................................................... 16 6 DETERMINATION OF CREDITS............................................................................................. 17 7 MITIGATION WORK PLAN..................................................................................................... 17 7.1 Description of Target Stream, Wetland and Vegetation Communities ................................ 17 7.1.1 Reference Discharge and Bankfull Verification...........................................................18 7.1.2 Reference Channel Stability Assessment.....................................................................18 7.1.3 Reference Vegetation Communities.............................................................................18 7.2 Design Parameters................................................................................................................ 19 7.2.1 Stream Restoration Approach.......................................................................................19 7.2.2 Wetland Enhancement.................................................................................................. 20 7.2.3 Plant Community Restoration...................................................................................... 20 7.2.4 On -Site Invasive Species Management........................................................................ 20 7.2.5 Soil Restoration............................................................................................................ 21 8 MAINTENANCE PLAN............................................................................................................. 22 9 PERFORMANCE STANDARDS................................................................................................ 23 9.1 Stream Restoration Success Criteria..................................................................................... 23 9.1.1 Bankfull Events............................................................................................................ 23 9.1.2 Cross Sections..............................................................................................................23 9.1.3 Digital Image Stations.................................................................................................. 23 9.2 Vegetation Success Criteria.................................................................................................. 24 10 MONITORING REQUIREMENTS............................................................................................ 24 10.1 As -Built Survey.................................................................................................................... 25 10.2 Visual Monitoring................................................................................................................ 25 10.3 Cross Sections...................................................................................................................... 26 10.4 Vegetative Success Criteria..................................................................................................26 10.5 Scheduling/Reporting...........................................................................................................26 11 LONG-TERM MANAGEMENT PLAN..................................................................................... 27 Mallard Mitigation Plan iv March 2017 12 ADAPTIVE MANAGEMENT PLAN...... 13 OTHER INFORMATION ......................... 13.1 References ......................................... List of Tables Table 1. Mallard Site Project Components — Stream Mitigation ................................................. Table 2. Mallard Site Project Components — Wetland Mitigation .............................................. Table 3. Parcel Mapped Soil Series............................................................................................. Table 4. Project Parcel and Landowner Information................................................................... Table 5. Project Attribute Table.................................................................................................. Table 6. Threatened and Endangered Species List...................................................................... Table 7. Functional Benefits and Improvements......................................................................... Table8. Mitigation Credits.......................................................................................................... Table9. Planting Plan................................................................................................................. Table 10. Maintenance Plan........................................................................................................ Table 11. Monitoring Requirements............................................................................................ APPENDICES Appendix A - Supporting Figures • Figure 1- Vicinity Map • Figure 2- USGS Topographic Map • Figure 3- Historical Conditions Map • Figure 4- Soils Map • Figure 5- Landowner Map • Figure 6- National Wetlands Inventory Map • Figure 7- Existing Conditions Map • Figure 8- FEMA Map • Figure 9- Conceptual Plan Map • Figure 10- Planting Plan Map Appendix B- Conservation Easement and Plat Appendix C- Data Analysis Appendix D- Baseline Information • Jurisdictional Determination • Agency Correspondence Appendix E- Design Plan Sheets (11x17) 27 28 28 Mallard Mitigation Plan v March 2017 1 PROJECT INTRODUCTION The Mallard Stream and Wetland Mitigation Site (the "Site") is located within a watershed dominated by agricultural and forested land use in Cleveland County, North Carolina. The project streams and wetlands proposed for restoration have been significantly impacted by channelization and agricultural practices. Due to its location and proposed improvements, the site will provide numerous ecological and water quality benefits within the Broad River Basin. 1.1 Site Location The Site is located off of Mallard Drive, approximately 2 miles east of Earl in Cleveland County, NC. To access the Site from I-85, travel southwest on 29 S for 3.6 miles, turn right onto Carolina Avenue, merge onto Cleveland Avenue, travel northwest 2.2 miles and turn left onto Mallard Drive (Figure 1). The Site is located within the Broad River Basin, USGS 14 -digit HUC 03050105100030 (Figure 2). The Site is located in the Southern Outer Piedmont sub -region of the Piedmont ecoregion (Griffith et al. 2002). 1.2 Project Components The Site is comprised of a single easement area with one unnamed tributary and a drainage ditch that eventually drain downstream to Buffalo Creek. The Broad River is approximately seven miles downstream of the project. The stream and wetland components are summarized in Tables 1 and 2. Table 1. Mallard Site Project Components — Stream Mitigation Proposed Mitigation Proposed Mitigation Reach Type Lenth Ratio SMUs ALF) Reach 1 Restoration 1,375 1 : 1 1,375 Reach 2 Restoration 410 1 : 1 410 Reach 3 Enhancement 11 815 2.5:1 326 Total 1,785 2,111 Table 2. Mallard Site Project Components — Wetland Mitigation Mitigation Type Total Acres Mitigation WMUs Ratio Enhancement -High 26.22 2:1 13.11 TOTAL 26.22 13.11 Mallard Mitigation Plan 6 March 2017 2 WATERSHED APPROACH The 2009 Broad River Basin Restoration Priorities (RBRP) identified several restoration needs for the entire Broad River Basin. Twenty-seven percent of the watershed is used for agricultural purposes and nine percent is currently developed. HUC 03050105100030 was not identified as a Targeted Local Watershed (TLW), however because of the project's ability to meet stressor related goals it will still be beneficial to the Broad River watershed. The Site is located within HUC 03050105 and includes streams that discharge into Buffalo Creek. The Site achieves the goals set forth for the Broad River Basin in the 2009 Broad RBRP, to implement wetland and stream restoration projects that reduce sources of sediment and nutrients by restoring riparian buffer vegetation, stabilizing banks, excluding livestock, and restoring natural geomorphology, especially in headwater streams. The project goals address stressors identified in the RBRP and include the following: • Nutrient removal • Sediment reduction • Invasive species treatment • Filtration of runoff • Improved aquatic and terrestrial habitat. The project goals will be addressed through the following project objectives: • Restoration of appropriate pattern, dimension, and profile in stream channels, • Restoration of forested riparian stream buffers, • Stabilization of eroding stream banks due to lack of vegetation and livestock hoof shear, • Addition of large woody debris, such as log vanes, log weirs, root wads, and • Treatment and control of exotic invasive species. 2.1 Historical Land Use and Development Trends Aerial imagery indicates that the subject site has mostly been used for agriculture and has been surrounded by land that has been used for agricultural purposes or remained forested (Figure 3). Several watershed characteristics, such as groundwater, vegetation, surface drainage, and soil parameters have been modified. Soil structure and surface texture have been altered from intensive agricultural operations. 2.2 Soil Survey The soils within the Piedmont region of Cleveland County formed on uplands in material that weathered mainly from granite and gneiss. Much of the county is well drained; however, several areas are moderately drained to somewhat poorly drained. The Site is on the Hulett -Madison -Grover soil association (Figure 4). This association is found on uplands with subsoil that is clayey or loamy with a high content of mica. This soil association makes up approximately twelve percent of Cleveland County and is generally characterized by interfluves and side slopes. Project site soils are mapped by the Natural Resource Conservation Service (MRCS) as Chewacla, Dorian, Hulett, Madison, Toccoa, and Wehadkee (Table 3). Chewacla, Dorian, Toccoa, and Wehadkee soils are on the low lying depressions and floodplains at the site. Chewacla soils are loam, somewhat poorly drained, and range from zero to two percent slopes. Dorian is a sandy loam, moderately well Mallard Mitigation Plan 7 March 2017 drained, occurring on flats on stream terraces; slopes range from two to eight percent. Toccoa soils are loam, moderately well drained and generally occurring in flood plains; slopes range from zero to two percent. Wehadkee soils are loam, poorly drained, occurring on depressions on flood plains; slopes range from zero to two percent. The surrounding upland soils are mapped as Hulett and Madison. Hulett is a gravelly sandy loam, generally well drained, occurring on interfluves and hillslopes on ridges; slopes range from two to 15 percent. Madison is a gravelly sandy loam, generally well drained, occurring on interfluves; slopes range from two to 8 percent. Table 3. Parcel Mapped Soil Series Map Unit Map Unit Name Percent Drainage Hydrologic Landscape Symbol Hydric Class Soil Group Setting ChA Chewacla loam, 0-2% 5% Somewhat B/D Floodplains slopes Poor DoB Dorian sandy loam, 2- 5/0 ° Moderately C Flats on stream 8% slopes Well terraces GrD Grover gravelly sandy 0% Well B Hillslopes on ridges loam, 15-30% HhB Hulett gravelly sandy 0% Well B Interfluves loam, 2-8% slopes HtC Hulett gravelly sandy 0% Well B Hillslopes on ridges loam, 8-15% slopes MaB2 Madison gravelly sandy 0% Well B Interfluves clay loam, 2-8% slopes ToA Toccoa loam, 0-2% 0/0 ° Moderately B Flood Plains slopes Well WeA Wehadkee loam, 0-2% 90% Poor B/D Depressions on slopes flood plains Chewacla loam. This is a very deep, somewhat poorly drained soil that occurs on floodplains of the Piedmont and Coastal Plain river valleys. They formed in alluvium, and generally occur on slopes between zero and two percent. Runoff is negligible to very low, and permeability is moderate. Major uses are cropland, pasture, and some forest. Chewacla loam is the predominant soil throughout the existing streams occurring along the bed, streambanks and floodplains. Dorian sandy loam. This is a very deep, moderately well -drained soil that occurs on stream terraces of the Piedmont. They formed from clayey fluvial sediments, and generally occur on slopes between zero to two percent. Runoff is low, and permeability is slow. This soil type is mostly found in pasture. Dorian sandy loam occurs along the eastern and western edge of the target parcel. Grover gravelly sandy loam. This is a very deep, well -drained soil that occurs on the ridges and side slopes on Piedmont uplands. They formed from weathered high-grade metamorphic rocks high in mica such as biotite gneiss and schist, and generally occur on slopes between 15 and 30 percent. Runoff is medium to rapid, and permeability is moderate. This soil type is found on the western part of the parcel. Hulett gravelly sandy loam. This is a very deep, well -drained soil that occurs on the uplands of the Piedmont Plateau. They formed in residuum weathered from acid micaceous metamorphic rocks, and generally occur on slopes between two to 15 percent. Runoff is medium, and permeability is moderate. Mallard Mitigation Plan 8 March 2017 Major uses are cultivated crops and forests of pine and mixed hardwoods. Hulett gravely sandy loam occur along the lower reaches of the proposed stream. Madison gravelly sandy clay loam. This is a very deep to moderately deep, well -drained soil that occurs on the gently sloping to steep uplands in the Piedmont. They formed in residuum weathered from felsic or intermediate, high grade metamorphic or igneous rocks high in mica content, and generally occur on slopes between two and eight percent. Runoff is medium to rapid, and permeability is moderate. Major uses are cultivation or pasture, and some forest. Madison gravelly sandy clay loam occur along the western edge of the parcel. Toccoa loam. This is a moderately deep, well -drained to moderately well -drained soil that occurs on the Piedmont and Upper Coastal Plain valleys. They formed in loamy and sandy alluvium from igneous and metamorphic rocks, and generally occur on slopes between zero and two percent. Runoff is very low, and permeability is moderately rapid. Major uses are cropland, hayland, and pasture. Toccoa loam occur along the northern edge of the target parcel. Wehadkee loam. This is a very deep, poorly drained to very poorly drained soil that occurs on flood plains along streams that drain from the mountains and Piedmont. They formed in loamy sediments washed from soils that formed from other metamorphic and igneous rocks, and generally occur on slopes between zero and two percent. Runoff is very slow, and permeability is moderate. Major uses are water tolerant hardwood forests, pasture, corn, and hay. Wehadkee loam occur along the floodplain of the proposed stream. Mallard Mitigation Plan 9 March 2017 2.3 Site Photographs Top of UT 1- existing conditions, looking downstream Top ofUTI- existing conditions, looking upstream Bottom of UT1- Existing conditions, looking upstream Existing crossing on UTI downstream end Existing wetland/pasture Existing wetland/pasture Mallard Mitigation Plan 10 March 2017 3 SITE PROTECTION INSTRUMENT 3.1 Site Protection Instrument(s) Summary Information The land required for the construction, management, and stewardship of this Site includes portions of the following parcel (Figure 5). A copy of the land protection instrument(s) is included in Appendix B. Table 4. Project Parcel and Landowner Information Landowner Parcel No. /PIN County Site Protection Instrument Parcel Acreage Protected Acreage Environmental Banc 63350/ Conservation Cleveland 42.407 31.57 & Exchange, LLC 2553544694 Easement When available, the recorded document(s) will be provided. If the recorded document(s) are not available, the template documents will be provided. Mallard Mitigation Plan 11 March 2017 4 BASELINE INFORMATION Table 5. Project Attribute Table Project Information Project Name Mallard County Cleveland Project Area (acres) 31.6 Project Coordinates (latitude and longitude) Latitude: 35° 11'35.542 "N Longitude: 81° 29'31.018"W Planted Acreage (Acres of Woody Stems Planted) 31.5 Project Watershed Summary Information Physiographic Province Southern Outer Piedmont River Basin Broad USGS Hydrologic Unit 8 -digit 03050105 USGS Hydrologic Unit 14- digit 03050105100030 DWR Sub -basin 03-08-05 Project Drainage Area (acres) 560 Project Drainage Area Percentage of Impervious Area < 1% CGIA Land Use Classification Hay/Pasture; Woody Wetlands Reach Summary Information Parameters UTI Ditch Length of reach (linear feet) 1375 410 Valley confinement (Confined, moderately confined, unconfined) Confined unconfined Drainage area (acres) 560 N/A Perennial, Intermittent, Ephemeral Perennial N/A NCDWR Water Quality Classification C N/A Stream Classification (existing and proposed) E/C4/5 and E4/5 N/A FEMA classification AE AE Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States - Section 404 Yes No No Water of the United States - Section 401 Yes No No Endangered Species Act Yes Yes Appendix B Historic Preservation Act Yes Yes Appendix B Coastal Zone Management Act (CZMA or LAMA) No N/A N/A FEMA Floodplain Compliance Yes No No Essential Fisheries Habitat No N/A N/A Mallard Mitigation Plan 12 March 2017 4.1 Watershed Summary Information 4.1.1 Drainage Area The drainage area at the downstream limits of the project is 560 acres (0.87 mi.'). Land use within the watershed consists of 62% forest, 12% low-density residential, and 26% agricultural land. Impervious area covers less than 1% of the total watershed. Baseline information is summarized in Table 5. 4.1.2 Surface Water Classification Buffalo Creek has been assigned a Class C classification (NCDEQ 2016). Waters classified as Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner (NCDWQ 2011). 4.2 Reach Summary Information In order to assess existing geomorphic conditions, cross section measurements were taken at two (2) locations within the site along UT I. These measurements were used to evaluate existing width -depth ratios, bank -height ratios, entrenchment ratios and stream classification (Appendix Q. Data utilized from reference reach surveys and the NC Rural Piedmont regional curve were used to compare the site conditions with regional hydraulic geometry relationships for bankfull cross sectional area and discharge. Due to the approach of this project being a Priority 1 channel relocation, stability of the existing channel was not further evaluated for existing erosional and depositional features, other than to note the large amounts of sand present and moving through the system. 4.2.1 UT1 The majority of UTI classifies as a Type E stream characterized by low to moderate width -depth ratios, however there are areas that are classified as G and C as well, depending on the depth of incision, access to floodplain, and width/depth ratios. Entrenchment ratios typically range from 1.5 to >3. The bank - height ratios on UT 1 are typically within the range of 1.1— 2.0. This suggests that future adjustments of the channel will occur in the form of widening of the bed width and pattern adjustments resulting in additional bank erosion. UT 1 enters the site from the south flowing through a flat, broad valley. Maintaining its south to north direction and relatively flat profile for the majority of the impacted reach, UTI runs over a sand bed before joining with a drainage ditch, flowing from the large adjacent wetland, and finally flowing into Buffalo Creek. Adjacent to the streams present location, the valley bottom is a wide pasture to the east. UT1 flows approximately 1,900 linear feet adjacent to a sand bed access road and the vegetated pasture to the east until its confluence with the drainage ditch and several hundred feet later, flows into Buffalo Creek. Inspection of the site topography suggests that the channel was realigned from its historic position along the center of the valley (now in pasture) to the western side of the valley for agricultural purposes. The contour mapping indicates that the center of the valley bottom is slightly lower to the east of the existing channel and that depression area is now functioning as a wetland. At the upstream end of UT1, a sand bed channel with constantly changing dimension and profile features, indicates highly mobile bed load. Throughput consists primarily of sand generated from the head of the watershed and on-site. At the downstream end of UTI, the average particle size remains sand, however additional input of silts and clays are present from suspended load due to backwater from Buffalo Creek. Additionally, numerous Mallard Mitigation Plan 13 March 2017 depositional features are present throughout the impacted reach, and are comprised of sand and small gravel. Subsequent to the initial channel relocation and straightening, the channel has continuously eroded its banks in an effort to re-establish proper dimension and pattern. Bank erosion has been further aggravated by adjacent agricultural practices and a minimal riparian buffer. 4.2.2 Vegetation Current land use in the vicinity of the project is primarily pasture, grazed wetlands, and disturbed forest. Agricultural practices and cattle grazing have contributed to the highly eroded channel throughout the easement. Beaver activity has led to tree mortality in the currently wooded area within the easement. 4.3 Wetland Summary Information 4.3.1 Existing Wetlands and Floodplain The valley bottom on both sides of UTI, which constitutes the historic alluvial floodplain, is approximately 100 acres, of which approximately 27.69 acres remain as jurisdictional wetlands. The floodplain has a down -valley slope of approximately 0.7% in the south to north direction. Although the floodplain has been severely impacted by past land use practices there is substantial evidence that a majority of this area was historically wetlands. In addition to the channel relocation of UT 1, UT2 bisects the wetlands east of UT 1 and runs north to east towards confluence with UT 1 and then Buffalo Creek. The U.S. Fish & Wildlife Service (USFWS) National Wetland Inventory (NWI) Map maps the area north of the drainage ditch as a Freshwater Forested/Shrub Wetland (PFO IA) and the area to the south of the drainage ditch as a Freshwater Emergent Wetland (PEM IA) (Figure 6). A wetland delineation was performed in May 2016. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (DOA 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Wetland boundaries were marked with sequentially numbered wetland survey tape (pink/black striped). Flag locations were surveyed under the direction of a Professional Licensed Surveyor (PLS) with GPS and conventional survey (Figure 7). A Preliminary Jurisdictional Determination (PJD) was requested on September 7, 2016. When received, the PJD will be included in Appendix D. 4.4 Regulatory Considerations and Potential Constraints 4.4.1 Property Ownership, Boundary, and Utilities No utilities are located within the Site. Additionally, no exclusions are included in the easement. 4.4.2 FEMAIHydrologic Trespass UT 1 is located within the FEMA 100 -year floodplain (Zone AE) of Buffalo Creek, and the downstream end is located within the FEMA floodway (Figure 8). Hydraulic modeling will be required to determine that restoration activities will have no effect on 100 -year flood elevations downstream. No hydrologic trespass will be permitted to adjacent properties upstream or downstream of the project without Mallard Mitigation Plan 14 March 2017 approval of the affected landowners. FEMA coordination will be conducted independent of the Mitigation Plan as needed. 4.4.3 Environmental Screening and Documentation 4.4.3.1 Threatened and Endangered Species A desktop analysis and field investigation were conducted to evaluate federally protected species potentially occurring on the Site. The USFWS Information for Planning and Conservation (IPAC) online tool was consulted to determine if any threatened or endangered species managed or regulated by the USFWS may be affected by project -related activities at the Site. In addition to the USFWS IPAC tool, the October 2014 North Carolina Natural Heritage Program (NCNHP 2011) database of natural heritage element occurrences was also reviewed in GIS to identify rare species or unique habitats on- site, especially those listed in the USFWS database. According to the USFWS IPAC database review tool (USFWS 2015), two federally listed species may occur in proximity to the Site (Table 6). Table 6. Threatened and Endangered Species List Common Name Scientific Name Federal Status Record Status Flowering Plants: Dwarf-Flowerd heartleaf Hexastylis nani ora T Current Mammals: Northern long-eared bat Myotis septentrionalis T Current Species and species habitat listed in the USFWS database were inspected for during the field investigation to determine whether or not they occur at the Site. Potential impacts to species and species habitat off site, downstream, and within the vicinity of the project were also considered. In summation, the biological conclusion for all threatened and endangered species listed in the USFWS database that could be potentially affected by project activities is "No Effect". Because the database search and field investigations determined that the biological conclusion for each species is "No Effect", no written concurrence from the USFWS is required. In addition to screening for federally protected species, the Fish and Wildlife Coordination Act requires consultation with state fish and wildlife agencies when "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted ... or otherwise controlled or modified". RES submitted a request to the North Carolina Wildlife Resource Commission (NCWRC) for review and comments on the Site on November 3, 2016 in regards to any potential impacts to fish and wildlife resources. Documentation is included in Appendix D. 4.4.3.1 Cultural Resources A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database revealed that there are no National Registered listings within a one -mile radius of the proposed project area. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the Site. RES submitted a letter to the NC SHPO office on November 3, 2016 requesting a search of records to determine the presence of any areas of architectural, historic, or archaeological significance that may be affected by the Site. Documentation is included in Appendix D. Mallard Mitigation Plan 15 March 2017 5 FUNCTIONAL UPLIFT POTENTIAL The Stream Functions Pyramid Framework (Harman et. al. 2012) separates stream functions into five categories, ordered into a hierarchy, which communicate the interrelations among functions and illustrate the dependence of higher level functions (biology, physiochemical and geomorphology) on lower level functions (hydrology and hydraulics). Anticipated functional benefits and improvements within the project area, as based on the Function -Based Framework are outlined in Table 7. Table 7. Functional Benefits and Improvements Mallard Mitigation Plan 16 March 2017 Functional Objective Description Level 016--0 (1-5) Benefit will be achieved through cattle exclusion and direct removal of fecal Nutrient removal inputs, filtering of runoff through buffer areas, the conversion of active farm 3,4 fields to forested buffers, and improved denitrification and nutrient uptake through buffer zones. Benefit will be achieved through the stabilization of eroding stream banks Sediment removal through cattle exclusion (passive) and bioremediation, bed loss will be 3 arrested with grade control structures, and reduction of sediment loss from re- forested pasture. Benefit will be achieved through the restoration of buffer areas that will Runoff filtration receive and filter runoff, thereby reducing nutrients and sediment 3 concentrations reaching aquatic resources. Benefit will be achieved through the enhancement of floodplain connectivity Water storage which will store more water during precipitation events than under current 1,2 drainage conditions. Restoration of Benefit will be achieved by restoring riparian buffer and wetland buffers to habitats hardwood ecosystems. 3 Improved substrate Substrate will become coarser as a result of the stabilization of stream banks and instream cover and an overall decrease in the amount fine materials deposited in the stream. 3 Addition of large Benefit will be achieved through the addition of wood structures as part of the woody debris restoration design. Such structures may include log vanes, root wads, log 3,4 weirs, and log toes. Reduced water temperature due to Benefit will be achieved through the restoration of canopy tree species to the 4 shading stream buffer areas. Mallard Mitigation Plan 16 March 2017 6 DETERMINATION OF CREDITS In accordance with the provisions of this mitigation plan, all credits will be used to compensate for impacts associated with the terms of the Plea Agreements and Judgements as part of the United States v. Duke Carolinas et al. Mitigation Order. The District Court for the Eastern District of North Carolina Western Division entered an order directing RES to implement mitigation measures on behalf of Duke Energy in accordance with the Mitigation Order. On October 27, 2015, RES submitted a final implementation plan which was reviewed and approved by all parties. Mitigation credits presented in these tables are projections based upon site design (Figure 9). Upon completion of site construction, the project components and credits will be revised to be consistent with the as -built condition. Table 8. Mitigation Credits 7 MITIGATION WORK PLAN 7.1 Description of Target Stream, Wetland and Vegetation Communities Reference reaches were sought to provide a target for design of the proposed streams. Searches were conducted first upstream and downstream of the Site and then into surrounding watersheds to find suitable references that contained comparable slope, bed material, and valley type. No reference condition channels were located in reasonable proximity, so reference data from another watershed in the NC Piedmont was utilized for design purposes, along with dimension data from the existing stream. The type E reference will be used for proposed type C streams since reference quality type C streams are difficult to locate in the Piedmont province and are often associated with more disturbed conditions. Additionally, the type E reference represents the evolutionary endpoint for type C streams once sediment loads have diminished in response to channel stabilization and upstream watershed stabilization. Mallard Mitigation Plan 17 March 2017 The Mallard Site Mitigation Credits Mitigation Credits Stream Riparian Wetland Non -Riparian Wetland Totals 1,785 13.11 N/A STREAM Reach Mitigation Type Stationing Proposed Length (Proposed) (LF) Mitigation Ratio Base SMUs Reach 1 Restoration Reach 2 Restoration Reach 3 Enhancement 11 3+10 to 16+85 16+85 to 20+95 0+00 to 8+15 1,375 410 815 1:1 1:1 2.5:1 1,375 410 326 Total 2,600 2,111 WETLAND Mitigation Type Existing Mitigation Acreage WMUs Enhancement 26.22 2:1 13.11 Total 26.22 13.11 7 MITIGATION WORK PLAN 7.1 Description of Target Stream, Wetland and Vegetation Communities Reference reaches were sought to provide a target for design of the proposed streams. Searches were conducted first upstream and downstream of the Site and then into surrounding watersheds to find suitable references that contained comparable slope, bed material, and valley type. No reference condition channels were located in reasonable proximity, so reference data from another watershed in the NC Piedmont was utilized for design purposes, along with dimension data from the existing stream. The type E reference will be used for proposed type C streams since reference quality type C streams are difficult to locate in the Piedmont province and are often associated with more disturbed conditions. Additionally, the type E reference represents the evolutionary endpoint for type C streams once sediment loads have diminished in response to channel stabilization and upstream watershed stabilization. Mallard Mitigation Plan 17 March 2017 The reference reaches were selected to represent the probable configurations for the proposed stream. Detailed geomorphic survey was conducted on Sal's Branch in the Piedmont and Flat Creek in the Coastal Plain to acquire needed dimension, pattern, and profile data from use in the design of UT 1. Sal's Branch Reference The Sal's Branch reference reach is located in the Piedmont hydro -physiographic region of North Carolina. The watershed has many characteristics in common with UTI watershed including average annual rainfall, valley type, and (desired) substrate composition. The reference watershed is located in Umstead State Park area and is entirely forested. The drainage area for the Sal's Branch reference is 0.2 miz. Sal's Branch reference reach is representative of an E4 channel in a moderately sloped valley with a relatively broad floodplain. Bed material, channel slope and valley form of this stream are somewhat consistent with the Site and provide reasonable analogues for the potential channel forms that can be expected at the Site. The Sal's Branch reference reach has a D50 of 8 mm, D84 of 10 mm, channel slope of 1%, width/depth ratio of 7 to 9 and sinuosity of 1.1 to 1.3. Flat Creek Coastal Plain Tributary Reference The Flat Creek reference reach is located in the Upper Coastal Plain hydro -physiographic region of North Carolina. The watershed has characteristics in common with the project reach, UT 1, including average annual rainfall, valley type, and existing substrate composition. The reference watershed is located near Fort Bragg in Hoke County and is predominately forested. The drainage area for the Flat Creek reference is 7.6 mi2. The Flat Creek reference reach is representative of an E5 channel in a moderately sloped valley with a relatively broad floodplain. Bed material, channel slope and valley form of this stream are somewhat consistent with the Site and provide reasonable analogues for the potential channel forms that can be expected at the Site. The Flat Creek reference reach has a D50 of 1.3 mm, D84 of 4 mm, channel slope of 0.7%, width/depth ratio of 10 and sinuosity of 1.1 to 1.3. 7.1.1 Reference Discharge and Bankfull Verification Bankfull was readily identified on the reference reaches as it exhibited consistent indicators throughout the reaches. Verification of bankfull was accomplished by plotting the bankfull cross sectional area against the regional curve data. The data indicates that the bankfull identified in the surveyed reach is within the confidence intervals of the regional curve and consistent with the range of data collected in the rural Piedmont regional curve study. 7.1.2 Reference Channel Stability Assessment A detailed channel stability assessment was not performed for these reaches since the bank and bed stability was apparent from observation. Subsequent review of the surveyed dimensions confirmed that width -depth ratios and bank -height ratios were within the appropriate range for stable, self -maintaining streams. Additional observations included significant upstream and downstream reconnaissance to identify any past, present, or future signs or sources of degradation. 7.1.3 Reference Vegetation Communities The target vegetation communities for the Site will be Piedmont/Mountain Bottomland Forest in the riparian wetlands and riparian areas. According to Schafale and Weakley the Piedmont/Mountain Bottomland Forest canopy is comprised primarily of mesic bottomland species such as tulip poplar Mallard Mitigation Plan 18 March 2017 (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), hackberry or sugarberry (Celtic occidentalis/laevigata), green ash (Fraxinus pennsylvanica), and bitternut hickory (Carya cordiformis). The understory can be diverse, and includes species such as ironwood (Carpinus caroliniana), American holly (Ilex opaca), and red maple (Acer rubrum). Vines are prominent, and include poison ivy (Toxicodendron radicans), various greenbriers (Smilax spp.), grapes (Vitis spp.), and Virginia creeper (Parthenocissus virginianus). Herbs are also diverse, and can include multiple types of sedges (Carex spp.), river oats (Chasmanthium latifolium), violets (Viola spp.), jumpseed (Persicaria virginiana), jack-in-the-pulpit (Arisaema triphyllum), and Virginia rye grass (Elymus virginicus). 7.2 Design Parameters 7.2.1 Stream Restoration Approach UT 1 is divided into two sub -reaches; based on potential connectivity to the existing wetland area. Reach 1 and Reach 2 are relatively flat and are both proposed for a Priority I restoration. Reach 1 is designed as a type E4 stream with moderate sinuosity and an average channel slope of 0.6%. Reach 2 is proposed for Priority I restoration as a type C4 stream with low sinuosity and an average slope of 0.5%. It is anticipated that this reach will evolve to an E4 stream type as vegetation and deposition allow the channel to narrow. A portion of the downstream end of Reach 2 will require Priority II restoration in order to transition back to the existing drainage feature. The existing degraded stream conditions sufficiently warrant complete reconstruction of the reach; however, equally as important is raising the stream profile to reconnect it to the floodplain, which will enhance the wetland areas. Reconstruction of the channel will provide for configuration of proper cross sectional geometry that will reduce stress on the banks and eliminate bank scour. Riffles will be constructed from native gravel material along with in -stream structures, and will provide immediate habitat features and a dramatic functional lift. The approach along Reach 3 will be Enhancement Level II because of the lack of vegetation and livestock disturbance. The treatment on this reach includes cattle exclusion and riparian restoration along both banks. 7.2.1.1 Design Methods Stream Restoration Restoration of Type C4/5 and E4/5 reaches will consist of constructing a low to moderate sinuosity (1.1-1.4) streams. Each stream type will be constructed with a moderate width -depth ratio (12.5-16) that accesses the floodplain at greater-than-bankfull flows. For stream reaches with average channel slopes from 0.5% to 0.6% the bed profile form is in a riffle -pool morphology. The profile is therefore a combination of riffle, run, pool, and glide features. Given the small sediment size, it is anticipated that the bed will be highly mobile and these features will adjust frequently. Exploration for buried bed material will be conducted in proximity of the channel work to harvest available bed material for reuse in the constructed channel. Where the quantity of existing bed material is insufficient it will be supplemented with off-site material of appropriate size. In some locations topographic constraints prevent Priority I restoration and it will be necessary to construct a bankfull bench. Along these reaches, topsoil will be removed prior to excavation and stockpiled. After completion of grading operations, topsoil will be redistributed across the floodplain bench to facilitate vegetation success. Log and/or rock structures will be used to provide vertical stability to the channel, assist in maintaining riffle, run and pool features, and to provide habitat features. Small brush -toe structures may be installed on the outside of meander bends to provide an anchor for bank stability, increase bank roughness, and provide aquatic habitat. Mallard Mitigation Plan 19 March 2017 Earthwork activities will include excavation of the proposed channels, partial or complete backfilling of existing channels and removal of existing spoil berms. Grading work is designed to restore or mimic natural contours. 7.2.2 Wetland Enhancement The Site offers a total ecosystem restoration opportunity. As such, the wetland enhancement is located along the floodplains of the streams, and closely tied to the stream restoration. Proposed wetland enhancement will be treated with a credit ratio of 2:1. The primary wetland treatment will be re -planting the disturbed pastures as forested wetlands and excluding livestock from the pasture and currently grazed forested wetlands. In addition, in the currently forested areas where beaver activity has led to tree mortality, supplemental planting will occur at a lower planting density. Other enhancement activities will include invasive species control and surface roughening to increase infiltration and storage. Combined with the proposed stream restoration, these actions will result in a sufficiently high water table and flood frequency to support hydrophytic vegetation and wetland hydrology, resulting in enhanced riparian wetlands. In addition to the WMUs generated, the abandoned stream channel will be backfilled with the existing adjacent spoil piles to create approximately 0.34 acres of wetland. 7.2.3 Plant Community Restoration The selection of plant species is based on what was observed at the reference reach, species present in the forest surrounding the restoration site, and what is typically native to the area. Several sources of information were used to determine the most appropriate species for the restoration project. Piedmont/Mountain Bottomland Forest will be the target community type and will be used for all areas within the project. The plant species list has been developed and can be found in Table 9 and on Figure 10. Species with high dispersal rates are not included because of local occurrence, adjacent seed sources, and the high potential for natural regeneration. The high dispersal species include red maple, tulip poplar, and sweetgum. The restoration of plant communities along the Site will provide stabilization and diversity. For rapid stabilization of the stream banks (primarily outside meanders), silky dogwood (Cornus amomum), cottonwood (Populus deltoides), and buttonbush (Cephalanthus occidentalis) were chosen for live stakes along the restored channel because of their rapid growth patterns and high success rates. 7.2.4 On -Site Invasive Species Management Control for invasive species will be required within all grading limits associated with stream restoration. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. All treatment will be conducted so as to maximize its effectiveness and reduce chances of detriment to surrounding native vegetation. Treatment methods will include mechanical control (cutting with loppers, clippers, or chain saw) and chemical control (foliar spray, cut stump, and hack and squirt techniques). Plants containing mature, viable seeds will be removed from the site and properly disposed. All herbicide applicators will be supervised by a certified ground pesticide applicator with a North Carolina Department of Agriculture and Consumer Services (NCDA&CS) license and adhere to all legal and safety requirements according to herbicide labels and NC and Federal laws. Management records will be kept on the plant species treated, type of treatment employed, type of herbicide used, application technique, and herbicide concentration and quantities used. These records will be included in all reporting documents. Mallard Mitigation Plan 20 March 2017 Table 9. Planting Plan Planting Zone 1- Piedmont/Mountain Bottomland Forest Acres: 22.93 Species Common Name Spacing (ft) Unit Type % of Total Species Composition Fraxinus pennsylvanica Green Ash 9x6 Bare root 12 Betula nigra River Birch 9x6 Bare root 12 Platanus occidentalis Sycamore 9x6 Bare root 12 Quercus phellos Willow oak 9x6 Bare root 12 Quercus nigra Water Oak 9x6 Bare root 12 N ssa s lvatica Blackgurn 9x6 Bare root 10 Asimina triloba Paw Paw 9x6 Bare root 10 Celtis laevi ata Sugar Berry 9x6 Bare root 10 Cephalanthus occidentalis Button Bush 9x6 Bare root 5 Diospyros virginiana Persimmon 9x6 Bare root 5 Planting Zone 2 - Supplemental Planting Acres: 8.63 Species Common Name Spacing (ft) Unit Type % of Total Species Composition Ce halanthus occidentalis Button Bush 20x20 Bare root 25 Fraxinus pennsylvanica Green Ash 20x20 Bare root 15 Betula nigra River Birch 20x20 Bare root 15 Platanus occidentalis Sycamore 20x20 Bare root 15 Quercus phellos Willow oak 20x20 Bare root 15 Quercus nigra Water Oak 20x20 Bare root 15 7.2.5 Soil Restoration After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the site during final soil preparation. This process should provide favorable soil conditions for plant growth. Rapid establishment of vegetation will provide natural stabilization for the site. All disturbed areas will be stabilized with temporary and permanent seed and covered with straw or mulch. Stream banks will be stabilized using a combination of erosion matting, bare -root plantings, and bio -engineering techniques in accordance with the plans in Appendix E. The entire conservation easement area will be planted with bare root seedlings in accordance with the planting plan. The restored stream channels will be protected by a conservation easement that includes a riparian buffer of at least 50 feet and the enhanced wetland areas will be included in the conservation easement. Mallard Mitigation Plan 21 March 2017 The easement boundary for the stream and wetlands will be delineated by 10 -foot metal poles labeled with conservation easement signs. 8 MAINTENANCE PLAN The Site will be monitored on a regular basis and a physical inspection will be conducted a minimum of once per year throughout the post construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Table 10. Maintenance Plan Component/Feature Maintenance through project close-out Stream Routine channel maintenance and repair activities may include chinking of in -stream structures to prevent piping, securing of loose coir matting, and supplemental installations of live stakes and other target vegetation along the channel. Areas where stormwater and floodplain flows intercept the channel may also require maintenance to prevent bank failures and head - cutting. Stream maintenance activities will be documented and reported in annual monitoring reports. Stream maintenance will continue through the monitoring period. Vegetation Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and/or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Vegetation maintenance activities will be documented and reported in annual monitoring reports. Vegetation maintenance will continue through the monitoring period. Site Boundary Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries will be marked with signs identifying the property as a mitigation site, and will include the name of the long-term steward and a contact number. Boundaries may be identified by fence, marker, bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as -needed basis. Easement monitoring and staking/signage maintenance will continue in perpetuity as a stewardship activity. Livestock Fencing Livestock fencing is to be placed outside the easement limits. Maintenance of fencing is the responsibility of the landowner. Beaver Routine site visits and monitoring will be used to determine if beaver management is needed. If beaver activity poses a threat to project stability or vegetative success, RES will trap beavers and remove impoundments as needed. All beaver management activities will be documented and included in annual monitoring reports. Beaver monitoring and management will continue through the monitoring period. Mallard Mitigation Plan 22 March 2017 9 PERFORMANCE STANDARDS The success criteria for the Site will follow approved performance criteria presented in the Stream Mitigation Guidelines and subsequent agency guidelines. Specific success criteria components are presented in this section. 9.1 Stream Restoration Success Criteria 9.1.1 Bankfull Events Four bankfull flow events must be documented within the five-year monitoring period. The four bankfull events must occur in separate years. Otherwise, the stream monitoring will continue until four bankfull events have been documented in separate years. 9.1.2 Cross Sections There should be little change in as -built cross-sections. If changes do take place, they should be evaluated to determine if they represent a movement toward a less stable condition (for example down - cutting or erosion), or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Cross-sections shall be classified using the Rosgen stream classification method, and all monitored cross-sections should fall within the quantitative parameters defined for channels of the design stream type. 9.1.3 Digital Image Stations Digital images will be used to subjectively evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation, and effectiveness of erosion control measures. Longitudinal images should not indicate the absence of developing bars within the channel or an excessive increase in channel depth. Lateral images should not indicate excessive erosion or continuing degradation of the banks over time. A series of images over time should indicate successional maturation of riparian vegetation. 9.2 Wetland Restoration Success Criteria 9.2.1 Wetland Hydrology Criteria The Natural Resources Conservation Service (MRCS) has a current WETS table for Cleveland County upon which to base a normal rainfall amount and average growing season. The closest comparable data station was determined to be WETS station Shelby 2 NNE. This station is located approximately 9 miles northwest of the proposed mitigation site. The growing season for Cleveland County is 218 days long, extending from March 29 to November 2, and is based on a daily minimum temperature greater than 28 degrees Fahrenheit occurring in five of ten years. Because of the surface roughing and shallow depressions, a range of hydroperiods and inundation is expected. The hydrology success criterion for the site is to restore the water table at the site so that it will remain continuously within 12 inches of the soil surface for at least seven percent of the growing season (approximately 22 days) at each groundwater gauge location. Gauge data will be compared to reference wetland well data in growing seasons with less than normal rainfall. In periods of low rainfall, if a restoration gauge hydroperiod exceeds the reference gauge hydroperiod, and both exceed five percent of the growing season, then the gauge will be deemed successful. If a gauge location fails to meet these success criteria in the seven year monitoring period, then monitoring may be extended, remedial actions may be undertaken, or the limits of wetland restoration will be determined. Mallard Mitigation Plan 23 March 2017 9.3 Vegetation Success Criteria Specific and measurable success criteria for plant density within the riparian buffers on the site will follow USACE Guidance. Vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover a minimum of two percent of the planted area. Vegetation monitoring will occur annually between July I" and leaf drop. The interim measure of vegetative success for the site will be the survival of at least 320 planted three-year old trees per acre at the end of Year 3, at least 260 stems per acre at the end of Year 5, and the final vegetative success criteria will be 210 trees per acre at the end of Year 7. The site will include eighteen (18) monitoring plots to monitor the 22.9 planted acres. Success criteria for the supplemental planting area will be 50% survival rate of planted stems. Volunteer trees will be counted, identified to species, and included in the yearly monitoring reports, but will not be counted towards the success criteria of total planted stems. 10 MONITORING REQUIREMENTS Annual monitoring data will be reported using the USACE Monitoring Report Templates. The monitoring report shall provide a project data chronology that will facilitate an understanding of project status and trends, research purposes, and assist in decision making regarding project close-out. The success criteria for the Site will follow current accepted and approved success criteria presented in the USAGE Stream Mitigation Guidelines, and subsequent third -party guidance. Specific success criteria components are presented in Table 11. Monitoring reports will be prepared annually and submitted to a third -party reviewer. Mallard Mitigation Plan 24 March 2017 Table 11. Monitoring Requirements Required Parameter Quantity Frequency Notes As per April 2003 USACE Wilmington Additional surveys will be performed if Pattern District Stream Baseline monitoring indicates instability or Mitigation significant channel migration Guidelines As per April 2003 Baseline, USACE Wilmington Years Dimension District Stream 1,2, Surveyed cross sections Mitigation and 5 5 Guidelines As per April 2003 USACE Wilmington Additional surveys will be performed if Profile District Stream Baseline monitoring indicates instability Mitigation Guidelines As per April 2003 Crest gauges and/or pressure Surface USACE Wilmington transducers will be installed on site; the Water District Stream Annual devices will be inspected on a quarterly Hydrology Mitigation basis to document the occurrence of Guidelines bankfull events Groundwater monitoring gauges with data recording devices will be Groundwater 6 gauges distributed Quarterly installed on site; the data will be Hydrology throughout site downloaded on a quarterly basis during the growing season Vegetation Annual Vegetation will be monitored per IRT guidelines Exotic and Locations of exotic and nuisance Nuisance Annual vegetation will be mapped Vegetation Project Semi- Locations of fence damage, vegetation Boundary annual damage, boundary encroachments, etc. will be mapped Stream & Semi - Wetland annual Semi-annual visual assessments Visual 10.1 As -Built Survey An as -built survey will be conducted following construction to document channel size, condition, and location. The survey will include a complete profile of Thalweg, water surface, bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not be required in annual monitoring reports. Stream channel stationing will be marked with stakes placed near the top of bank every 200 feet. 10.2 Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. The visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual assessments of stream stability will include a complete streamwalk and structure inspection. Digital images will be taken at fixed representative locations to Mallard Mitigation Plan 25 March 2017 record each monitoring event, as well as any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. Photographs will be used to subjectively evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation, and effectiveness of erosion control measures. Longitudinal photos should indicate the absence of developing bars within the channel or an excessive increase in channel depth. Lateral photos should not indicate excessive erosion or continuing degradation of the banks over time. A series of photos over time should indicate successional maturation of riparian vegetation. As part of the visual monitoring protocol, RES will visually assess the wetland depressional area created in the footprint of the abandoned stream channel annually. Monitoring will include stability assessment and photo documentation. 10.3 Cross Sections Permanent cross-sections will be installed at a minimum of one per 20 bankfull widths with half in pools and half in riffles. All cross-section measurements will include bank height ratio and entrenchment ratio. Cross-sections will be monitored annually. There should be little change in as -built cross-sections. If changes do take place, they should be evaluated to determine if they represent movement toward a less stable condition (for example down -cutting or erosion), or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Bank height ratio shall not exceed 1.2, and the entrenchment ratio shall be no less than 2.2 within restored reaches. Channel stability should be demonstrated through a minimum of two bankfull events documented in the five-year monitoring period. 10.4 Vegetative Success Criteria Vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover a minimum of two percent of the planted area. There will be 18 plots within the planted area (22.9 acres). Existing wooded areas are not included in the planted area. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. In addition to the vegetation plots, two fixed 300 -foot line transects will be established in the supplemental planting area to monitor a total of 30 trees, roughly three percent of the total planted stems. Similar to the vegetation monitoring plots, the following data will be recorded for all trees in the transect: species, height, and planting date. 10.5 Wetland Hydrology Wetland hydrology will be monitored to document hydric conditions in the wetland enhancement areas. This will be accomplished with automatic recording pressure transducer gauges installed in representative locations across the restoration areas and reference wetland. The gauges will be downloaded quarterly and wetland hydroperiods will be calculated during the growing season. Visual observations of primary and secondary wetland hydrology indicators will also be recorded during quarterly site visits. 10.6 Scheduling/Reporting As -built drawings documenting stream and wetland restoration activities will be developed within 60 days of the planting completion on the mitigation site. The report will include all information required by IRT mitigation plan guidelines, including elevations, photographs and sampling plot locations, gauge locations, and a description of initial species composition by community type. The report will also include a list of the species planted and the associated densities. Baseline vegetation monitoring will include species, height, date of planting, and grid location of each stem. Mallard Mitigation Plan 26 March 2017 The monitoring program will be implemented to document system development and progress toward achieving the success criteria. The stream monitoring program will be undertaken for five years or until the final success criteria are achieved, whichever is longer. Wetland success criteria will be monitored for seven years with the ability to conclude monitoring after five continuous years of successful monitoring. Years 4 and 6 will not require vegetation plot data for the wetland monitoring and will include photo documentation in lieu of data collection. 11 LONG-TERM MANAGEMENT PLAN Upon third -party approval for site closeout, the site will be transferred to the US Land Conservancy. This party shall be responsible for periodic inspection of the Site to ensure that restrictions required in the Conservation Easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. 12 ADAPTIVE MANAGEMENT PLAN Upon completion of site construction, RES will implement the post -construction monitoring protocols previously defined in this document. Project maintenance will be performed as described previously in this document. If, during the course of annual monitoring, it is determined that the Site's ability to achieve site performance standards are jeopardized, RES will notify the third -party reviewer of the need to develop a Plan of Corrective Action. Once the Corrective Action Plan is prepared and finalized RES will: 1. Notify the third -party reviewer. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the third -party reviewer. 3. Obtain other permits as necessary. 4. Implement the Corrective Action Plan. Mallard Mitigation Plan 27 March 2017 13 OTHER INFORMATION 13.1 References Amoroso, J.L., ed. 1999. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. Environmental Laboratory. 1987. U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Harman, W., R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. 2012. A Function -Based Framework for Stream Assessment and Restoration Projects. US Environmental Protection Agency, Office of Wetlands, Oceans, and Watersheds, Washington, DC EPA 843-K-12-006. North Carolina Division of Mitigation Services (NCDMS). `Broad River Basin Restoration Priorities 2009." (September 2014). North Carolina Division of Water Quality (NCDWQ). Surface Water Classifications. http://portal.ncdenr.org/web/wq/ps/csu/classifications Raleigh, NC. North Carolina Floodplain Mapping Program. Floodplain Mapping Information System. Raleigh, NC. North Carolina Wetland Functional Assessment Team (2010), North Carolina Wetland Assessment Method User Manual, version 4.1. Peet, R.K., Wentworth, T.S., and White, P.S. (1998), A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262-274 Rosgen, D. (1996), Applied River Morphology, 2nd edition, Wildland Hydrology, Pagosa Springs, CO. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. US Army Corps of Engineers (USAGE), 2003. April 2003 NC Stream Mitigation Guidelines. U.S. Army Corps of Engineers (USAGE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS), Web Soil Survey; bM:Hwebsoilsurvey.nres.usda.gov United States Department of Agriculture, Natural Resources Conservation Service. 2010. Field Indicators of Hydric Soils in the United States, Version 7.0. L.M. Vasilas, G.W. Hurt, and C.V. Noble (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. United States Fish and Wildlife Service. "Threatened and Endangered Species in North Carolina." North Carolina Ecological Services. http://www.fvvs.gov/raleigh/. Mallard Mitigation Plan 28 March 2017 Appendix A- Supporting Figures • Figure 1. Project Vicinity Map • Figure 2. USGS Topographic Map • Figure 3. Historical Conditions Map • Figure 4. Soils Map • Figure 5. Landowner Map • Figure 6. National Wetlands Inventory Map • Figure 7. Existing Conditions Map • Figure 8. FEMA Map • Figure 9. Conceptual Design Plan • Figure 10. Planting Plan W INX on BlivId ar r &i q r ShLqby OrsA "ell q, if 7= P 41by kid E I, ppings, King Pi Zin Mallard Mitigation Site HUC 03050105100030 Latitude: 35011'35.421"N Longitude: 81029'27.415" OIL *. EXI M er lie e4 4t Kmg 6 Mo un w io MOU 17Y f-rark d Kirio� Mounuin L 96 FAA rk V Rle' 11�S Avit Date: 11/4/2016 FIGURE 1 Drawn by: BPB Project Vicinity Map 1 2 rt%s Mallard Water Quality Improvement Site 0 Not to Scale Cleveland County, NC Miles +gip Y r T pp A 4t 4% Al 4 2r • • AL Figure 3 Historical Conditions Map Proposed Easement Mallard Water Quality Improvement Site �! IG� • int .� � :- . A '4'�'� '� 1 • Y s� L hL i } •' '� s �t-�e NUJ t � '�=' � ..� •' _ �. �, N�`J9�C3�c-�'D � �. � . N0 750 1,500 3,000 F dil r Iv y t Iy� (, I ►- � �N. �'r:rr/rte �. } .11. u,. ��. _+• _ e i - Q , Sri `► � $ rrY � I � • � �'' / r n� +"" r } ,... ,�h�• 4 �+��z�."M � �j •' - a� ,' Fp �`'.f��' -Tr„ rT�.}'r %� � .7 �� - r,��`r,`r� t t� y''}}'� r r / ♦�� f y i 'i � 'j:,[ fir% ' ,r�r+r r} - +x f r� ► r'i t r, y, 11� W r' �f Plug Old Channel with existing spoil piles and plant native vegetation FIGURE 9 Conceptual Plan Map 125 250 Mallard Water Quality Improvement Site Feet Cleveland County, NC Legend Stream Restoration Stream Enhancement II Stream Restoration -no credit Wetland Enhancement Q Proposed Easement Target Parcel — Existing Channel ® Reach Break Proposed Crossing Date: 3/28/2017 Drawn by: BB res Stream Mitigation Reach Mitigation Type Length (LF) Ratio SMUs Reach 1 Restoration 1,375 1:1 1,375 Reach 2 Restoration 410 1:1 410 Reach 3 Enhancement II 815 2.5:1 326 Total 2,600 2,111 Wetland Mitigation litigation Type Total Acres Ratio WMUs Enhancement 26.22 2:1 13.11 �f Plug Old Channel with existing spoil piles and plant native vegetation FIGURE 9 Conceptual Plan Map 125 250 Mallard Water Quality Improvement Site Feet Cleveland County, NC Legend Stream Restoration Stream Enhancement II Stream Restoration -no credit Wetland Enhancement Q Proposed Easement Target Parcel — Existing Channel ® Reach Break Proposed Crossing Date: 3/28/2017 Drawn by: BB res Legend Proposed Stream Alignment ® Proposed Easement Target Parcel Planting Zones ® Zone 1- (22.93 Ac.) ® Zone 2- (8.63 Ac.) Planting Zane l-Pied—M—Nin Bonnmland Forest Acres: 22.93 Species Common Name Spaeing(0) Uoit Type %ofT.1W Spedes Composition F}axinus a ns N-ica Creep Ash 9x6 Bare root 12 Betula nim River Bich 9.6 Bare root 12 Platanas oceidenmlis 5 carnore 9.6 Bare root 12 0.— hellos W&l oak 9.6 Bare root 12 Water Oak 9.6 Bare root 12 N ss7vaHco ssa Aslmina Mbba Bb,kg= Paw Paw 9x6 9x6 Bare root Bare root 10 10 Celds I_ata Bu Be 9x6 Bare root 10 Ce halanthu.s occidentalis BWIOn BusM1 9x6 Bara root 5 Dio Perri— 9.6 Bare root 5 Planting Zone 2 - Su lemenml P(ondn Acres: 8.63 Species Common Name Spaeing(ft) Unit Type %ofT.tal Species Composition Ce ha[anthus occidentalis Button Bosh 20.20 Bare root 25 Fraxinus ens Ivanica Grean Ash 20.20 Bara root l5. Betula ni ra River Bich 20x20 Bare root IS Plaranuv occidentalis B a 20.20 Bare root 15 s hellos Willow oak 20x20 Bare root t5 Water Oak 20x20 Bare root 15 z Date: 3/28/2017 FIGURE 10 S Drawn by: 1313 Planting Plan 0 125 250 Mallard Water Quality Improvement Site res Feet Cleveland County, NC 91 Appendix B - Site Protection Instruments* • Model Conservation Easement • Preliminary Plats *This appendix will be updated as the easement deeds and plats become available. a /0 nscD*omGBE S�-� Excise Tax: $340.00 Tax Map No, Portion of 4 -2 -1 - 2016-007436 B: 1725 P: 1182 08/26/2016 03:34:54 PM Total 366�00 Debra,fill,,H.i�� Count'NC 11111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111111 Receipt# 16-14180 2016-007436 Issued 08/2612016 Clevela,(,1CC�,j,, by Debra Mull Harrill Register of Deed-� Excise Amount: $340,06 Excl%e ID '2031721 Real Estate Excise Tax NORTH CAROLINA GENERAL WARRANTY DEED Mail after recording to: John \(Gnhwappe.Jr. This instrument was prepared by: John \(Schweppe.Jr. THIS DEED made this day of Parcel Identifier No. Portion -of P GRANTOR S.bKc-n�peen Eugenia Moss Reeves, Trustee of the Moss Family Trust Created byanagreement, dated November 12.1BA2(1/3undivided i�nt est) Doris N.Austell, Hugh Franklin Austell and Robert Nichols Austell (end/or t essors), Trustees ofthe Thomas Austell Family Trust dated July 1 1(1/3undivided inhanssV Patricia R. Austell, Unmarried (1/3 undivided interest) / ```.` Environmental Banc & Exchange, LLC, aMaryland Limited Liability Company The designation Grantor and Grantee as u WITNESSETH, that the Grant ��r acknowledged, has and by th Rspre! certain lot or parcel of land an m re/�r Being that 42.407 acres and - - ,r in assigns, and or neute a required by context, �id ation paid by the Grantee, the receipt of which is hereby rgom, sell and convey unto the Grantee in fee shnpke' all that tescribed as follows: shown inPlat Book 39,Page 27 incorporated herein byreference and 2018 -007438B -1725P-1183 O8/28/2O18O3-34-54PMPage 2Of1O All oraportion cf the property hereinabove described was acquired by Grantor by instrument recorded in Book 1627, Page 1A3O.Cleveland County Registry, A map showing the above described property is recorded in Plat Book 39, Page 27, and referenced within this instrument. The above described property 0does —Mdoeanot include the primary residence ofthe Grantor TO HAVE AND T[) HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has th ri t to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor wi rrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions herei state Title to the property hereinabove described is subject to the following exceptions: Easements, rights of way and restrictions of record, if any. Easement to Duke Power Compa reco din Book Page 519, Cleveland County Registry IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, a this instrument to be signed in its corporate name by its duly authorized officer(s), t n ar f' st above (ENTITYNAME) Thomas Austell Family Trust Doris N. Austell, T s e (fated July 11, 2011 STATE OF NORTH CAROLINA, COUNTY OF CLEVELAND �me�o\hem�e certify following persons � .uu Trus tees ot signed the foregoing document: Doris N, Austell, Hug rank in ste , obert Nichols Austell vvonessmyhand and m.��+^a//'pm�="'p."�"=-��^�—�T~/^7 Auqust2016 Notary Puqc Print Notary Name: 2016-007436 B- 1725 P- 1184 08/26/2016 03-34-54 PM Page 3 of 10 Moss Familv Ti-u�,l Eugenia 46 ss Reeves, Trustee STATE OF NORTH CAROLINA, COUNTY OF CLEVELAND I certify that the following persons personally appeared before me this day, each acknowle to,""'tlhal signed the foregoing document: Eugenia Moss Reeves, Trustee for Moss Fami Y/J ut� agreement dated Nov. 12, 1992. Witness my hand and official stamp or seal, this the _J�L day of August 201 My Commission Expires: V I ? 1'4U1qryj-uD11c Prin otary Name-, A EAL) 2016-007436 B- 1725 P- 1185 08/26/2016 03.34-54 PM Page 4 of 10 Patricia R. Auste I I h,�,) A-- I -F Susan Austell tloldw,- ACKNOWLEDGMENT BY ATTORNEY-IN-FACT STATE OF COUNTY OF G c-.1" n v I U ('0 a Notary Publii hereby certify that Susan Austell Holdway, Attorney -Ir before me this day, and being by me duly sworn, says t instrument for and in behalf of the said Patricia R. At acknowledge said instrument is contained In an instrui in the Office of the Register of Deeds in the County of day of Autiosi , 20jL In Book _LLS Page 41;24 -incl that this instrument was executed ui Instrument granting him Power of Attorney. I do further certify that the said Susan Austell Holdway and annexed instrument for the purpose therein express Witness my hand and official seal, this the 14k da of ............. o VX0"TA fly S PURA 0 2016, Notary Public CONNIE E. TORNER Notary Public, T�Oi I"'- h C-iruVna My Comrnl-': r'Nf?j 2016-007436 B- 1725 R 1186 08/26/2016 03-34-54 PM Page 5 of 10 Tract I Commencing at a Found stone, a common corner of that Charles G. Davis propert% described in deed book IOS, page 177 and that Thomas Austell Family Trust property described In deed hook 1627, page 1930 and running N 316'30*05- W a distance of 166,60' to a spring head mid N 40'51'33" W a distance of 181.92* to a set 44 rebar in, the old line IlN a Fence. 'I Common corner of Davis, Austell and Subject Tract, the point and place of beginnino: Z� Thence, with the remainder of the Austell property, thirteen new lines as 661 to s: (1) S 41'03'30" W a distance ot'551.01' to a set #4 rebar; (2) thence S 01 118" F a dlsL�11 482.64'to a set 44 rebar; (3) thence S 44'00'48" W a distance of 202.21' to a set --4 rebar Fast roadway, (4) N 47'57'09" W a distance ol'105.12'to a set #4 rebar East ol'a road\\a�:� (5) N 24'213"23" W a distance of'224.92' to a set 44 rebar East of a roadwax . (0) N 21) 08'48' distance of 111.82' to a set #4 rebar East of a roadway-, (7) N 34'40'46" W a distm c o '-5 to a set #4 rebar East of a roadway-, (8) N 53'39'51" W a distance of' 191,3(' o a set `4 East of a roadway; (9) N 43'27'44" W a distance of 459.97' to a set 44 reb, r st ofa roa I (10) N 52'41'59" W a distance of 76.78' to a set #4 rebar East of a roadway. H I) N 77022'22" W n diqt.,mro of 78.35' to n cof 41.4 rebar Uoot of U I ILI I - , II 11 , ' passing a set #4 rebar at 12.19' and continuing, a total distance ot?Z'� (13) N 61°20'45" W, passing a set #4 rebar on line near flood plain a It total distance of 552.71' to a point in the centerline of Buffalo C -ec a comr It Austell, Subject Tract and that Republic Services of Car fi C I -oil d �sc book 3179, page 22; N 0.981 bar Uy. 1" L. o 111111 l. I I flig . a it Corner of, hed ill deed e a I 1�_, the centerline of, Thence, with the Republic Services of Carolinas C property and�ll() c J3 Buffalo Creek, four calls as follows: (1) N 52'54'12" stance of 303._�2')toi point: (2) N 48'47'46" E a distance of 168.23' to a point; (3) 4 '1 F56" I" distance of'204.47' to a point-, (4) N 54'23'48" E a distance of 108.51 ` to a point; Thence, with the aforementioned Charles G.Dav�vs property, three calls as s: (1) S 62°51"33"' E, passing a set #4 rebar on, Iii at>eof creek at 54.10'. passing a set -4 rebar on line at edge of swamp at an additional 976.77' c timing, a total distance of 1272.331' to a computed point in a swamp; (2) running witl in the -at of the swamp. S 05'' 3'27 a distance of 297.00' to a computed point in a , , r , ; S 4 '33" E, passing a set i'4 rebar on line at edge of swamp and continuing, a tot I ista c f .08' to a set � ' j4 rebar ill the old line hby a fence, the point and place of beginni 1 i g a 1 , ca ol'42.407 acres. Being shown as Tract I on a survey entitled "ALI A SPS , id Title Purchase Tract Subdivision for Enviro ni tal Bt tic surveyed by Timothy A. Rudolph, PLS o e -rry y and Minor Subdivision of Mallard .ange, LIA."'. dated Jt i tic 10, 30 16 as !rs, Inc. 2016-007436 B- 1725 P- 1187 08/26/2016 03-34-54 PM Page 6 of 10 Access Easement Commencing at a set #4 rebar on line near flood plain, a common corner of that 'I'lionias Austell Family Trust property described in deed book 1627, page 1930 and Tract I and rLI1111in! S 61 '20145" E a distance of 449.55' to a set 44 rebar and S 02'23'11 ** \V ?33.98* it) a sct 44 rebar, the point and place of beginning; Thence, running within the bounds of Tract 1, eight calls as follows: (I ) thence � 77-11,11" 1 distance of 83.14'; (2) thence S 52'41'59" E a distance of 80,38. (3) thence S 43"`'7'' a distance ot'459.86'-, (4) thence S 53'39'51" E a distance of 192.30'. (5) thence ", 34`4 0 '46 F I -LC, -) —) i" distance of 253.56'. (6) thence S 29'08'48" E a distance of 112.90'. (7) thence S 27r q 1. a distance of 222.9l; (8) thence S 47'57'09" E a distance of 103.03' to a point III the on rnc. of Tract I and the Austell property, Thence, running within the bounds of the Austell property. twelve calls as 1'()Il( S: (1) S 67'37'27" E a distance of 368.01' to a set #4 rebar on the West rig] t 11 \a% of N al and Drive-, (2) thence S 26'10'34" W a distance of 40.09'to a set #4 rebar on the I-1- o , v, v of, Mallard Drive; (3) thence N 67'37'27" W a distance of 372,29; (4) a distance of 118.31 ; (5) thence N 24°23'23° W a distance of 229.60% a distance of 109.31 ; (7) thence N 34'40'46" W a distance of 244.94'; O tlict N Ice' distance of 189.18'; (9) thence N 43'27'44" W a distance ot'460.20': I( flience 2`4 1'59" W a distance of 68.40', (11) thence N 77'22'22" I to I -et )a W a distance 91'", (12) N 02-2311 " E a distance of 28.45' to a set #4 rebar e Ua24-cora r Inctal pipe, the common corner of Tract I and the Austell property; < Thence, with the common line of Tract I and the Aust It roperty, N (0)2'-2, '11" F1 a distance of ar p �yau 12.19' to I set #4 rebar, the point and place of beginning,_ ing an ar 1 )1* 1.715 acres. Being IIL 11 shown as 40' Access Easement on a survey entitled "At, TSP I�A� an Itle Stir\cy ind Minor - en a Banc & 1`x Subdivision of Mallard Purchase Tract Subdivision for Environnnen a . 11c chance_ dated June 10, 2016 as surveyed by Timothy. udolph, PLS of Dewberry Engineers. Inc. 2016-007436 B- 1725 P- 1188 08/26/2016 03-34-54 PM Page 7 of 10 STATE, OF NOW111 CAROLINA COUNTY OF CLEVELAND TIMST CERTIF1 The undersigned being the trustee orThe 'rimma dated July 11, 2011 (tile -TrUSC) hereby certifies & Exchange, LLC pursant to NCGS 36C-10-101 1. "Che Trust is in existence as of the date se governing the terms of the trust was exec 1 The name of each settlor ofthe Trust is: Austell. Robert Nichols Austell 3. The name and address of all current actin a. Doris N. Austell b. I lugh Franklin Austell c. Robert Nichols Austell 4, The trLISICC(S) are authorized by applicable law (including, but 1� pledge, mortgage, Ica ,°, q7 property, including re,a �,� rp indicate): NONF i. The Trust is T11C T revocable al��lc 1`6111�W"', I tru t i s Hent or by the provisions of' lin it to IS 36C-8-81 �) to sell, com cy. p r, te, c i trol, or transter title 10 t1-USt cx cp , linlitcd by the 1'611o\r Ing, (i 1'nonc. so "a uy rrust ) hold the power to revoke: in Austell, Robert Nichols ALIStCH 2016-007436 B- 1725 P- 1189 08/26/2016 03-34-54 PM Page 8 of 10 6. If there is more than one trustee listed above: (a) the undersigned has the authority to sign or otherwise authenticate the existence of the 'frust WithOLII joinder of the co -trustees, and (b) the undersigned has the authority to exercise the powers listed above without joinder of the co -trustees. 7. The taxpayer identification number for the Trust is: (NOTE: This section may be left blank if the taxpayer identification 11L1111bC1- is the same as the social security number of a party to the trust instrument and tllrs document is to be recorded in the public record) 8. The Trust has not been revoked, modified or amended in any manner so as to cause any of the representations contained in this Certification to bcjft��Orr—m Doris N. Aust6ll, Trustee Franklin A tell, rustcc IbAertNiofs Austell-Trust— Executed, subscribed and sworn to me the da)'�ani�year abovc,/w�ltteli. t C 2016-007436 B- 1725 P- 1190 08/26/2016 03-34-54 PM Page 9 of 10 STATE OF NORTH CAROLINA COUNTY OF CLEVELAND TRUST CERTIV The undersigned being the trustee of the Moss F dated November 12, 1992 (the "Trust") hereby ( Bane & Exchange, LLC pursuant to NCGS 36C The Trust is in existence as of the date s( governing the terms of the trust was exec 2. The name of each settlor of the Trust is: 3. The name and address of all current actin a, Eugenia Moss Reeves DATE: S—IL1 �" 4. The trustee(s) are authorized byth trust instrument or by the provisions of applicable law (including, but not iml I'd to NCGS 36C-8-815) to sell. coiivey, pledge, mortgage, lease, manage, ope c, trot, or transfer title to trust property, including real property, except a by the following (if ioiie. so indicate): NONE z,� 5. The Trust is Moss Family Tru 1992 a ent, dated November 12, Q � � U) revocable and the followin er (s)`hQId the power to revoke: Eugenia Moss Reeves If there is more than authority t si n or joinder o e c o", �zl the n=,�rt listed sted trustee lito above: (a) the undersigned has the e au c ticate the existence of the Trust without d e undersigned has the authority to cxQivise V�thout joinder of the co -trustees. 2016-007436 B- 1725 P- 1191 08/26/2016 03-34-54 PM Page 10 of 10 7. The taxpayer identification number for the Trust is: N/A. (NOTE: This section may be left blank if the taxpayer identification number is the sane as ilia social security number of a party to the trust instrument and this dociiiiiew is to be recorded in the public record) 8. The Trust has not been revoked, modified or amended in w1v manner "'o as to cause any of the representations contained in this Certification to he incorrect. 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W m 4 0 O m r" °, Appendix C- Data Analysis • Mallard Site Morphological Parameters • Existing cross-sections • Sediment Transport Calculations Mallard Site Design XS 1 Existing XS 2 Existing Off-site reference Off -Site Reference Proposed Channel Proposed Channel Condition Condition Sal's Branch Flat Creek - Upper - Lower (Piedmont) (Coastal Plain) DA (sq mi) 0.7 0.8 0.2 7.6 0.7 0.8 Stream Type G5 E5 E4 E5 E4/5 C .;- E4/5 Bankfull Cross Sectional Area (sq ft) 32 18.2 10.4 51.4 30 30.8 W b kf 20 14 8.7 22 20 22 Dmax 2.3 1.8 2.4 3 2.2 2 W/D 13 11 7 10 13 16 Wfpa 28 50 100 100 100 100 Entrenchment Ratio (ER) 1.4 2.7 10 5 5 5 Dbkf 1.6 1.3 1.2 2.3 1.5 1.4 Vbkf 3.5 3.5 3 2.5 3.5 3.5 Qbkf 112 63.7 31.2 128.5 105.0 107.8 Bank Height Ratio (BHR) 2 1.1 1 1 1 1 Sinuosity 1.3 1.2 1.3 1.3 1.2 Valley Slope 0.007 0.012 0.010 0.007 0.007 Channel Slope 0.006 0.01 0.0074 0.005 0.006 Rc/Wbkf 2-5 3-5 3-6 3-7 - - 60-120 66-154 Lm/Wbkf 12-30 10-28 10-25 10-25 - - 200-500 220-550 Wblt/Wbkf 4-13 4-13 5-12 5-12 - - 100-240 110-264 Apool/Abkf 1.1 1.2 1.2 1.3 - - 36 40.0 Srif/Savg 2-5 1.5-4 1.5-4 1.5-4 - - .007-.02 .009-.024 P -P spacing/Wbkf 3-10 2-8 3-10 3-10 - - - 60-200 66-220 Station BS HI FS ELEV NOTES i 96 94.25 92.5 90.75 89 0 X G ELEV 0 0 p p 0 0 4 8 12 101 16 Station ELEV 0 NOTES 0 94.26 3 94.23 0 4.3 93.75 0 8.6 92.77 9.5 92.63 eow 10.5 92.6 11.2 92.45 12.6 92.6 15.6 92.69 eow 17 94.1 19 95.15 20.5 95.72 spoil pile 22.5 95.11 25.2 94.79 29.3 94.53 M. 93 92 - 0 o ELEV E 0 0 0 94 0 0 0 0 93 92 - 0 o ELEV E 0 0 0 0 0 0 4 8 12 16 Sediment Transport Calculations Parameters Definition D50 median dia. particle of the riffle bed D50A median dia. particle of the bar (or subpavement) sample Di largest particle from the bar (or subpavement) sample T ci critical shear stress (dimensionless) dr required minimum bankfull depth sr required minimum bankfull water surface slope de existing bankfull depth se existing bankfull water surface slope y specific weight of water (62.4 Ibs/ft3) R hydraulic radius of riffle cross section (ft) w bankfull width (desian) In mm Converted D50 1.5 0.005 ft D50A 1.8 0.006 ft Di 6 0.020 ft de 1.4 ft se 0.005 ft/ft Y 62.4 Ibs/ft3 R (=2*d+w) 22.8 W 20 ft Project: meadow creek Date: 6/22/12 Equations Ratio of D50 to D50^= 0.833333332 Ratio of Di to D50= 3.333333332 If ratio is between 3.0 and 7.0: Tci = 0.09781 EQN 1 _ If ratio is NOT between 3.0 and 7.0 calculate Di/D50; if Di/D50 is between 1.3 and 3.0: Tci = 1 0.0750 EQN 2 1 Calculate critical depth with EQN 1: dr= 1 0.64 EQN 3 Calculate critical depth with EQN 2: d r= 0.49 Calculate critical slope with EQN 1: sr= 1 0.00231 EQN 4 Calculate critical slope with EQN 2: sr= 1 0.0017 Bankfull shear stress: T= 3.23 Appendix D- Baseline Information* • Preliminary Jurisdictional Determination (PJD) Package • Correspondence o NC Wildlife Resources Commission Correspondence o NC State Historic Preservation Office correspondence o Third Party Reviewer Correspondence (Axiom Environmental) ■ Feasibility Comments (September 8, 2016) ■ Restoration Plan Comments (November 10, 2016) * This appendix will be updated when the PJD is received. Jurisdictional Determination Request ;,., US Army Corps of Engineers Wilmington Ustn This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at: http://www.saw.usace.armv.mil/Missions/RegulatoryPennitProgram.aspx , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251.4633 Fax Number: (910) 251-4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 201 Mallard Drive B. C. City, State: County: Directions: Grover, NC Catawba Parcel Index Number(s) (PIN): REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address t: 63350 Brad Breslow -Resource Environmental Solutions 302 Jefferson Street, Suite 110, Raleigh, NC 27605 919-209-1062 BBreslow@res.us Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. PROPERTY OWNER INFORMATION Name: See Agent Authorization Form Mailing Address: Telephone Number: Electronic Mail Address3: ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available z Must attach completed Agent Authorization Form 3 I available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. See Agent Authorization Form Property Owner (please print) Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: Date I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. ElI am requesting that the Corps investigate the property/project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). ❑✓ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ZSize of Property or Project Area 31.57 acres ❑ I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑ Completed and signed Preliminary Jurisdictional Determination Form 6. ❑ Project Coordinates: Latitude Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable)7: Wetlands: El Wetland Data Sheets8 Tributaries: ❑ USACE Assessment Forms Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑✓ Project Coordinates: 35.1927 Latitude "81.4929 Longitude Maps (no larger than 1 Ix17) with Project Boundary Overlay: ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns ✓❑ Aerial Photography of the project area ❑✓ USGS Topographic Map ❑✓ Soil Survey Map ❑✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: http://www.usace.armv.mil/Missions/CivilWorks/RegulatoryProgramandPermits/reg supp.aspx Wetland and Stream Assessment Methodologies can be found at: htto://i)ortal.ncdenr.org/c/document library/get file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&grouold=38364 and, http://www.saw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM Draft User Manual 130318.pd 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑✓ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑✓ Upland Data Sheets ❑✓ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑✓ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑✓ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ✓❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 Jurisdictional Determination Request I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one orieinal Plat (to scale) that is no lareer than 11"x]7" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11"x17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL ❑ Must be sealed and signed by a licensed professional land surveyor nMust be to scale (all maps must include both a graphic scale and a verbal scale) ❑ Must be legible ❑ Must include a North Arrow, Scale(s), Title, Property Information ❑ Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points 1-1 Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ElWhen wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request ❑ When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries FJMust include the location of wetland data points and/or tributary assessment reaches Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: 'This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official. Title: Date: USACE Action ID No.: ❑ When uplands may be present within a depicted Jurisdictional Boundary: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official. Title: Date: USACE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: Elbe at sub -meter accuracy at each survey point. ❑ include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 Legend Q Proposed Easement Patterson Springs y a z �a m 5 Y u m C13` E art 9 Grover µma 6A -ll 'jstar '6s WOO.-, Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, s Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), �o Mapmylndia, NGCC, © OpenStreetMap contributors, and the GIS User Community ,r1!y :iia jri, � rte• Vicinity Map Mallard Water Quality Improvement Site 0 0.5 1 2 Miles 1 in = 1 miles Legend r 226 Q Proposed Easement z Nl— a Waste � y � !{}•' = ., '1 � ;C �,, ;>� v "� l l` ! (� ; O ; • : � v Tie �� " •� �' r. �' f LBM / �^ / •_J j `: { - ` v --- �: SAND •;�•a1 • H ICE f • � _ • • CopyrighU 2013INationN Ge graphic Society, i -cubed Project Location Map Mallard Water Quality Improvement Site 0 1,000 2,000 4,000F eet res r�r 1 in = 2,000 ft National Wetlands Inventory Map Mallard Improvement 4y+ 125 250 500 c? m 0 LaJR source- Esri, Digita apb(, N)P e, Earthstar G�eographics, C«NES/Airbus DS, USDA, USm, AeroGRID, IGN, and the GIS User Community Soils Map Mallard Improvement 4y+ 125 250 500 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: STREET ADDRESS: Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize of (Contractor J Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: 919.209.1056 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Date: Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Arrny Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner (please print) Date Property Owner Siilfnature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). Irl I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E 5 Waters of the United States Version: December 2013 Page 4 p ®u RECORLE IM FEE I — °'F f r?tl `_ 3T - ON Excise Ta): 11 3140.00 Ta) Mc F No. Plclrtior o14-2-1-, 2121118-1211 B: 1725 R: 11E121 C 8/2E /2¢ :I EI E3:34:94 Rh Total Paigers : 111? F eers : 1815,121C Dekna MU]1 Hari. i11 Regllster ofl Deeds. Cleveland Caunt"Nc I 111111 11111111VIII 111111111111 III 1111111 illi VIII VIII 1111111 III 1111111111 VIII IIII I II Reiciei ptm 16-14160 22116410IA36 lssued 0812617016 C1ei�ielandcRt '; by Debra "LlI Hain`!], Register of ®eEcs Exciser f mlc Lr i : 11340.00 Elxc.i sqr :ID 1H3I771 Real Estate Excise Tax N C RTIH CARC UINA G E N E RAL WAR RANTIY DEET D Mz it aftE r necclrc it g la: Johr V. Sct wepF E, Jn. Thif irstiumerI wEs FrEIFarElc ty: JoHr V. Scliwepre, A. THIS DEE D mcICEl It ifl caN 011 RElaalcirc Tin -E, BaolI arlc Plareel IC Elrtilier Ncl. Pcrtic n of Fla GIRD NTOR EI, Ly_E-in�\Aeen Eu CIE ria N osis ReE VE s, Truslee of the N osis Heirrl ily Timit / CnEIMEC t ar aclieemElrI, ca1Ed NO\ElmLer 12, '19c12 (1,131 Lnc i�icec int est) Dori= N. AUStEll, Huc- HInlir AtII ar RclLeros ustEl�lrc,ltlor essorsj. TimIlEEls o'lIhE T11errlas PLstell Hamily TIILsI ca,lEd JLiy 1,, JCI11 (1/11 urcivicElc it telElsl) Patriaia R. Ac SItE11, L r manniElc Il'l/31 L ncivic Elc irilemE Il H.O. Box 189 Eanl, N.C. 21810:81 ErvirerlmErlal Eanc& baliarge, ULC, a NanNlanc LimitEd Liability CompElrly 3 ti'Z u I St n The des iglnalior Gralr ICIn arc C ran lea aft us d herE it fl at 'r ClIUC E staid F artier , tt E it hE its, sucICIessciiis, E rd eisfligns, anis `tall irCIUCEl airclLIE11, FILrlal, mEIEC/Lfir E, fe ini e or rEILtEI a rEcjuirEIC ty cclrtEXI, WITS ESKTH, that RE Grant I r valL le is allion Faic Ly If E GrElrtEIEI, the rElceiplt all "hiclh i he]IELN aakn ciwlE c gec , has arc t y th s piiE tEl E s clllgairl, fell aric cclrlvE y unto IMEI C-rElntEIEI in Tele sirr pl[EI, all ll -al certaini loll an Fareel of larc an m r p rtic r1 EsclribEC Es fclllows: Bering thud 412.4107 acirel a c rt shown in Flat Book 39, Paga A'171 ircorporrallcic E circin Ly nefeuenca and Ext ibis "p" 2016-OCI7436 B: 1725 P: 1183 08/26A20'16 03:34:54 RM Rage 2 of 10 All or a Aortior ci th e ppaopEarty h erElir c t ON Ea c EsenibEac �A e s aclquirE c t y Grarltan t y in;Itrc ricint re cculc ec in Elcic k 'I E a7, l c E '19"AC , Cleti E lanc CCiu my Registry, A map shcwincl 11•e aho%E cesanibEC puciperty is naccurdec in F lai Elcak K1, Page 37, arc nefElmencilec wil1,ir this inslnumer I T h e abo� E c esarit Era F nor erty ❑ c cies [fc cie's r at iricllu c e 1h Er pnirr ark rE sic E riae Oil ihEr G r ntal TC HAVE A D TO HOLD the afane_laid Itd c parcel al lane anic all Flni\ilEge: arlc aFIFlurlenEll] aeis thellEltca tlElanclinc 1a t11El GnaritEE iri fEe simple. Arie the CnErlton cavElrian's with 'he Cnan'Ee, !hal Grcnilar is 9eiZEIC c11HE prerrisea in 1EIE1 simrllEl, Iles V ri t a comEly thEu le SE iri Il :IiMPIE1, 1HE1 Iitle is rrl€ukelablEu arc free erid Clear of E11 EnCcrrtnarsea, and Ihe1 Cnenlan w1 urerit anc delbr C the til lel acair sl tl'E IawfUI Cleims C11811 rlEwiclr;l wl'arraOEl\oer a>Cerltfcln VEl EXCIEIICIticirs hclllEli atERE TItlE la 1 hEl pragerty h E neinat cave dE sciiit ed is SU t IEIC'l I o VEI lollowir C EIXc E p' is ria: EasElmerils, ric hts till way e rc leairictiorn9 of rElaorc, if ar y. Easement to Dull Poweir Compla rata d in Book Page 5'I 9, Clclvelair c COIL my Rlegislry IN W ITNESS 1A HEIRIEICIFI, the Glnantor h as 1• c ccunito set his har c and seal, or if corporals, as- this iristrumcrtlo Ill s ignled in its cicirploralla dame by ills c my authorizec officic rds1, lh re an f" st atave wriltc r . l,, (SEA L) lIENTITI NAME; Thomais Austell family Trust Donis N. AUStEllll, T us e dated July 11, aC11 By I 41 -'(SEAL) TitlEu: H uani lin A ustel , T ustee ;f(SEAL.) 'RolbertNichoflsusteg, Truslee STATE C Fl h C RTH CP ROLINA, C C UNTY OF CLEC ELAND fcerlifyIhz1thElliollowirclpEuscirspersoralit' arplear4efe slcey, aah ackna"IedIcincltairriE1ha' hEansHEII ciic ned tr a loregoir cldoaumen'l: DcrisN.AU9lEII,Hin ste OtEir Il lc AuslElli . r� i� t� s t c>es o 1 the Thomas Auste�.'1l Taimily T'ntis�d: catcc ,112 11 Wilresse rry hanc aric ollfiaiel stErripl or sEal, isthaay ci Au ust �ICI1E Nalert' Pull � Prirll Nolary Name; �i 2016-007436 B- 1725 P- 1184 C18/26A2016 03-34-54 RM Rage 3 of '10 I1.losr FaniIv Ti -u,, Eugenia 46sS Reaves, Til_USlEia_____77 STAIE OF NCFTH CARCLIhA, CCUNTN CIF CLEVELAND I c ertifA i h E I t h e fci llovA in g PER sc i ni si r e it Eior E i lly appeared bel c ie me this c ay, eiauh ? Ck nc sigr Eid the Ic neping cociumenil: EgeniiE Mass Revives, TruStEe for Moss Failli I V agi-ecimerit c z te( Nov. 12, 1992 Witress mN tanc End official slampl oii seal, ttis tte c August My C c w rr issior EA plirEIS: —ali I Noti=ublici — Pr,n otary Name-, Va �l I E crsl8 ", �tl'c ""It ( 1 11 �l I N"A EAL) 2016-OCI7436 B- 1725 P- 1185 08/26A20'16 03.34.54 RM Rage 4 of '10 Pati ie is V Auv t (,I I. , I .A- I -F Suszr Festall 1101 111,,.,,. ACKNOWLEIDGN EINT ON ATTCIF NBY-IN--FACII fl -M TEI CT! CCUNTYCIF�y,�yj iE i 1, C>tir1tt a U('0i allotaryPutIii rerety ceirlify That Susari ALslell HcdcKiay, Atlorreiy-lr t efare met til is da y, airic d e frig t y me c L 1y sw orn, says t it s1 nL me rt fan aric iri behallf of I t e saic Ratricia FI. At ackriati leidgEi sa id irisl nL rriEiril is cionta iried it ar instrL r in tF a Office of the Reig is1 er a1 Defied s in the CaL rityl of , daffy of AL(,psi 210_L it Bcicik �S Page $ and tha II this instrument was EXUL, tec ui inistrumer t piantirig 1- im Rower of Attarriey. i do fu r1 h er cerl ify that 1 h e said St_ sa ri A L sten Hciic way arid arir eixed irisl m meirt for tE ei G L npose t1l erciri elxF res: VV i1 r ass my 1- and aric aH icial seal, I h is til el U t �da of - U ":._.__ _ 2a Z( 0- /'-� Offi�iat`��ure of Nota ryl ii br tV pelt ria rriel �j My m slc a ire s: Nctany PudliC COM In 0.111lIdVOR Nob ryFullk,"I?,i= nflq,d, �hCer0vf i My Clorr 4r,'7 f!71 2016-007436 B- 1725 P- 1186 08/26A2016 03-34-54 RM Rage 5 of '10 Tti I Gillil-riencing ,it vi found sictic. it comircir cornet cf I -at Clarks G. 111, Is 1-rol-crt, drscrlhod it decd t(cilk IOS, page I 11 ailiil Ilial h-mas Austell F.Alli]V Trust propert, ilescril-cil III ileod look Iti pi,pc I93(11 arc running N 316"'Y"ii W a cislarce 41 IW O' lo- a sp-im-, hoad and N 4(1F51'_`I3" W a distance of 181.92* to -i sell 114 rcitar in the cold line hN a 1'ellco, 'I (,olllli-(-Il corrcirof Davis, Austell rrd Sub.icict I'micit. l[c FI(inl anc pkicc oftuginriiw: Thimr, with ti rerraiindi of the Aiisliell propaity, fIirli rom Tires its 6611ol, s: (1) S 4 I"W"I'A" W a cis I an(e o I' ''I cit a scat #z ickir; (.1) 1 hencic S 014 `2 11,F" 48L.(4'bi) a sul 44 rdar; Q31' tlicirc(i S 44"0048" V I a distLirce cf-4i to I �'ct roziclv;iy, 114,' N 410_5710,9" W a distair cc of I O'LIT 10 ser #4 iebar 11. sil of roat I (5) N 24`23'23" W a Ic islaricc (if'224.912' to a see 44 reldar East aifiii roadie aN . (0) A: I ( I I It F a distan,( sl a ricc of I 1 1.8.2, ici a scii V4 rchir Hilsl o, au rii iidiviiy*, ( A IN 34 , 1,111� I I 'k a it sllj 'C Ici a seal 44 iiabar Misl of a roac v,,,Iy,- (18) N _'I31°_`I9'_' 1" W a c i< lance c f I (,' I "If (i a : et 44 East (if a rciaticimy; (% N 4 3',-,IT4" V I al clislancici of 4 5 X1.971 Ici a set 44 reh "t of I'm I If 101; N f 2041"9" W a distair Cie of7ti 81' Ici a se'i #4 1 ebar Yk sl of a riciaidwa, I F N 71-22'22" W a dislancici of 18.3_11" to a se #4 11 H, s�i of N roal!V`'a 2) Flasii irg it sell #4 iiebair all 121911" arc (icirill inuiii 8, a loftil c islancie el'246. sel - it 3,' N 61110145 " w, riassir p a sci 1 #4 rci tair c ii I it- c m air lak plain M I(Ad cislancie (i!F 352.-)1' io In poinii in thea carkirlinci of Ilhiffalo G -e 11 C()Illl Austell, Sul:.jccut '11"mid and thri RCI)Liblic Serviccis o," Cat Ii C 1 .01) - of ,s t. c: cik 41I -) 11, page 22; 0.981 -ell r 1" 1,� . I k�, tile Ck'n'lerlilic I)f T11(irclo, k%iJ 1110 PliciptHic Scivicicis of Carcidinas C rr(iFIcrty zirdlj() au F54'I 2 starve of 01_ 2, to a rom 11: I' tiffak Creek, four calls as f5cilli IIF N 'L' " I� r �Z (2,) N 48-4 T4 H a ( isiiancci cif 'I 11 .1 c, a r, cilint; (3), 4 1 1 r d'stailce ol'_'6447' to, a r.pinil; f4' N '23'48" E a cislance cul' 108.51' ici a point; "Flicirccii, with file aforcirienticircd C11-airics G is pi-circrty, 11-rce calls ;is 1'011w, (I ) IS ('2°{ 1'313" E, 1i as-ir g a set Ai4 rcill 011 on Ill ,it le cif (creek ait 54.1SII)'. passim, a set -4 r6al on linen ai (iic Eci of swan- r wi an aiddifional 976.11' C linUil-tI, -it t0t',II dlStaIICC ol' to .- - , ") ;,it ciaripuicd point iri , swamp,, (2) running Ilia 'al (ii W , 5 passim —, ! isilamic of 291.00' to -ii compiled f1cillit in -11 17" 11, a Se t V4 rehir on firia of edge of swairrip and Cal-tiril. iFg, ista c MOW to a scl �Ii4 rubor ill the ('1111 line to , , c, by � llama, 'llc F.Iciint aric phic(i cii.1' bc�lainni ig, li i g a viii call' 42.407 acivHeltiv showr as Tractt I olir a surtili entitled "AL "M 4PS , id T'do Purcili Tracil Sutdivisicri to -.i Enviro in tal B tic survey, cd � N limciii I- y A. 11 L C CIIpIl. f LS o e -rry icy and Minor 'Siihdlvi�lon ofi killard LIkinga. Ii dated Jum, 10. _10hi as viers, In e. 201 6-OC17436 B- 1725 P- 1187 C18/26jI2O'16 03-34-54 RM Rage 6 of '10 A cecss Fiviscm cmil CCITUTOM irg a111 --i set 414 rebziir or lire ricar flood plair, v ciciril corner ( I'that Thomas Austell Firmly `Yrusl ppicircirty ciciscribcIT d(cid bacilr 1637, pang I q3 (I aircd Tn-ct I mid r imi it i -f ',� 61'2014-"' E of distairce of 449-11-11' to a set Ali rcitar arc S 02'--""1 F \V 2111.1118* t« a scl t"14 reb,iii, 1he poini zirc plica of b(ginnirg; Thu r cv, runriii- g NN ithiii ilia tcl ciFfract 1, cighil calls -is i5cll~: (I ) tl°cflcc c istair ce of 83.14'; licircie S -'12'41'59" H a cislan(ci ol, K1,38, (3; tl,,eiicc 4) clistaircc 4 51q.86', 04' lFen(c S 513"9'`11'" E a disuirce ciff 1 U.30'. 0) fliciice 3-"40"46 F distal cc calf 3513-1 6'. 0, thence S 19'0'48" E a distarcu (if 112.90'. (1) Ilit'lice 2 " i°�1 ' F a disuircu c f «:1,91;1'; (I t h (I r ci e S 41°_` TO 9 " B a c i s I ar c e ci I" ]103.(13` to i p o i i i I I i i t I i c C 11 rnc. of Tract I , it c Il c Aust(T] I f ruir cirty, 'ri, c ncci, m ir v ing , vit hi n thea bounds ol'thc Austell f rc r1c rty. 1wc] va dills & 1`0 11 k S: (I) S (T -`TA" E a disilarmi cif x168.0]' to a sell 414 iicbar on llic West ripl 1, ) a1 Of I al gird Diiivu-, (21' tilcincc S 26"1 (1'34" W a c i!Aall cut 40.09',lci a set 44 rdair ii it Ill c1\ I-1- o v, v (I Mallarc Diiive; 11-cim N (]'-'17'27" W qii cistarce of 312,29% 114) Ih disumcci of 118,31 (51) illicucui N 24'� 3'23" W a disiloincc of 2-2c,L60% (1( enc 1-08 sa dislurcc of KleL]]'; (1) llEcnc( N 34'401'4C' W a dislanecii of 244.94'; l ilictice N 41 5 1 disivii(ic,i)fl81151.18';1l5l,tliciiiiceN4,1'LI7'44"WaiciflilanLcio"4((1.20':(I( thercc �7" a distance 1i) F ( 8.z ff, (I I) It encci N 11'2222 " W -i disilanuc of`�- I tc, scl v (12) N 021-21311 1 " 17- ,1 c isilairl of : 8.4" to a sell #4 iicibar J cc I-1.1 a ill ctal pil- C. tile cen7mcr c(rucii(if"i-ral avc the Ausiell picper); <",\' "flictive, vilh the cc uirion lire of"Fracil I arc the Aust lI cil-er�ly, area 1)2",2"11" 1: '1 distal cc (A uginni g. ha ring it 1- 1. 1 acrc<�. Beir o 1:1.'19' ?4- a set jJ4 rear, the poirl, and f.)acc of b shove i i s 4C' A c c i ci s s F as c ty c nt en a s u ry c 1, ci ii I i ii I c c "A I L I I A)DSIII -t ,ani i lt I S t i r c i i i i ii I IVI i r o r -at SubdiNision c1* Mallard Puruliv,,ci Tracl Shit: iJ ivisiiir for Brvironrricih�aBirc cv tuc June 10, 20116 as si irN cl by T irri c I h y. udolpl-, 11 LS of Dc, vbcri-i Fii v I r ce rs. I i i c. ��z 2016-007436 B- 1725 P- 1188 C18/26A2016 03-34-54 RM Rage 7 of '10 STATF, OYNCUTI-I CAMOILINA COUNTY OF" LIFiVELAN 1) TRUSI CEH1,11FIC TIIC UM CTI-SiVii ed beirg the Intsicic ot'I'licTlicinvis dalcd JuIN 11, 201 �l 1111-c "Trust") I-crctN curbBels14 S Pl.whirgu, LUC r1l. rsaw Ii NCGS I. Thu Trust is in eXiS'lQYCL as 41 f dici d,- I c ,,ct I gverning the l ciums,)fdic trust v,Ls excicut T The n. mc c fc,, ch settlor cifilc Trust is: El Au,,,IcII. Acikcrt P, ichcIs Austell 3. TI -c i , ne and iiddrcss 11 currant wicting a. 1] , c. ri,,, Na � LISW I I L Hugh Ftanklir Austell c. Robert Nichols Aiislcll 4. The trusteols) are authorized by 11 tru t s neral or ty ilic pro\ isions of applicii)lc law (including, bul i of lin it t IS YC -H- (9 I S) to -('11, coll, cy. FlIedg, ric rtgagc leas�, ian,,q� p r, tc, c i trol, or transter lilIC 10 tl-LISt lirclicrty, ircluding reatpr p cx ep , limil(Tc by Ilic k Hox, Ing, (if'nouc. �o indicaiie,': NONE 5. ilyTioust 1-cm-ccal le a �c fil hold the rowcr 1c, rcv( kc: Duris 1Y. 1 is, I I, h aIllk In A ustciill, Zubert IN MICISALISICH 2016-007436 B: 1725 P: 1189 C18/26A20'16 03:34:54 RM Rage 8 of '10 E , if the rc is more than one trusl eci l imed abova: Ila) 1he L r c ersigne d has 11-i c aLthoril) to sign or otherwise aulhcnticale the ex'silenca oftha Trust with111ut joinder of 111 ci c ci-truslecis, arc (b)1he unders'pad has thea aul l- c iiity to exercise 1he flawc rs listed above withoul joinder of 1he co -trustees. T The lax a cr k antifical ion nLmber for the Trust is: U (NOTE: This sac11ion rr.aiy bei leift blank if the laxpayelr icantifiaralion ruriber is the scme as thea social scicurily, numtiar of a party 4a tho linisiI inslrL 11'CW A11c 11 rs c oc umunl 's Io be rcic orded in 1he pL f l'c rcicord) S. The Trust has not t Bien revoked, m odif cd cir am endue 'n any rvinr cr so a:- 1) cause any of the reproscirIall ions caril a'rad in This Carl ifical ion 10 1)CjftC-0—rr-Ctq Dciris N. Austell:, Trusleel Frank:inAu'stel, riastac Atslell✓Truslec )executed, subscribeid aric swum to mei thea da)'�anid\ycian arove/w�iltun. etp4''®i' 51011 F 1-11 f0 �/' j`°ii W WY of CD Cy U y put\>G ZI c 2016-007436 13- 1725 P- 1190 C18/26j120'l6 03-34-54 RM Rage 9 of '10 STATH OF NO RTH CARO LIN A COUNTY 01"CIII]VIIIIAND TRUS10ERTIV Tht m-dersigred beirg ilic trusici( of Ilic Mas! 11 damped Nciveimb(i- 12, 1992 (11lic "Tris)") licicby t Blanc & Elim hting(i, LIHC pirsuvint kii NC(jS 3(( Thc"ru,il i,, in eNisicricu fis Utho cater s( Elciveriling 1h( turms cif Ilic trL,'l was CNC( : The roma cifecich -citilor of the Trust is: -3. Thea raime wind addrcissof all ourrunt act,71 Z. EuguriaMos.-Rciumis DATE: 4. 11a trustcie(s) aim ac 111oriA C' by ilhtriistl ir.,Arumcwt or by the prov],,iolls of applicial- le law (irichic ing, t L I rot iri* c ilei NC GS -- (C-8-815' 1( sell. convt v. pledge, mmlgagc, least, riiriagc, opc e, trcl, or Irarisfier fillc lc trw'i pr(rlciry,i:icilud'i-i�IIrcialprcir[efiy,ercicirl, I .. mr. 1 d by lbe fifl1cwHig ifiimie, so iridiciallei): NONE //I- 5. The Tv isil .*s Moss Ha milly Tru cia � b ai r Pi' 19121 C� 1� ji-civocablc erd Ilie ftillcwin at (s,' Id ci powtir i1c ruvok(: ftuquiiiia Moss Reeves 6. JI'lliere i,, rraic Thar )v I ustce li tc alme: (v,' 110 Lvd(irsigiiec kas the auffor*1v I s.i r or of eir * c au e ticate ile ex'slcnaci cif iTe Triisli wiffow Joinder o t ci (i -tr tces, d e Lindumsignd hai,,i the autliorit,, to ewivise thea li ciw,r. lis -a N e 'tU c utJoindum of t1- c co-trusl aus. 2016-007436 B- 1725 P- 1191 C18/26A2016 03-34-54 RM Rage '10 of 10 7. The ilaxpayericluntifloa tic n r it niter for the Trust is: N/A. 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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 I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Cleveland City: Grover/Earl Center coordinates of site (lat/long in degree decimal format): Lat. 35.194087 ° 1, Long. -81.492684 ° Universal Transverse Mercator: Name of nearest waterbody: Buffalo Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Broad River Name of watershed or Hydrologic Unit Code (HUC): 03050105100030 ® 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): 5/25/16, 5/26/16, 6/1/16 SECTION H: 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 M "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): t ❑ 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: 2295 linear feet: 5 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 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 III.F. SECTION HI: 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.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": 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 Ra arsas 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 III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List 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 TNW5: Tributary stream order, if known: ° 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 apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. 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: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. 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 ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ® High Tide Line indicated by: 0 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: Identify specific pollutants, if known: 6A 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): ❑ 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 Characteristics: 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 floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film 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: 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 HI.D: 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 IILD: 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. is Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Channel is second order, and demsonatrates characteristics of a perennial channel including continuous bed and bank and substrate sorting; however, in several areas beaver dams are present across the channel, which obscures the ability to sample substrate or macrobenthos. Additionally, stream scores 31 on NCDWR Stream Form. Ditching of the channel and the adjacent stream (S02) have led to the deviation of the stream line from the way it is shown on the USGS topographic quadrangle. 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: 2295 linear feet 5 width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss 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 III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. IN 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 III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: i Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B 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: acres. 5. 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. 6. 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. 7. Impoundments of jurisdictional waters.' 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. 'See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.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. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ 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:7.5-Minute series, Grover Quadrangle. ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ® 100 -year Floodplain Elevation is: 1010' (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):NCOneMap 2015 Orthoimagery. or ® Other (Name & Date):USDA/NAIP 2012,2010, 2009, 2008, 2006, 2005; USGS 1999, 1994, 1991, 1989, 1983, 1973, 1971, 1961; USDA 1949 (all as part of an aerial photo decade package from a third -party data acquisition company). ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ® Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: 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 I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Cleveland City: Earl _ Center coordinates of site (lat/long in degree decimal format): Lat. 35.194087 ° , Long. -81.492684 ° W. Universal Transverse Mercator: E: 455148.00; N: 3894678.06 (UTM Zone 17S) Name of nearest waterbody: Buffalo Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Broad River Name of watershed or Hydrologic Unit Code (HUC): 03050105100030 ® 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): 5/25/16, 5/26/16, 6/1/16 SECTION H: 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 M "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): t 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: 1,956 linear feet: 15 width (ft) and/or acres. Wetlands: 27.69 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 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 III.F. SECTION HI: 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.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": 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 Ra arsas 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 III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List 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 TNW5: Tributary stream order, if known: ° 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 apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. 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: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. 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 ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ® High Tide Line indicated by: 0 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: Identify specific pollutants, if known: 6A 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 now 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): ❑ 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 Characteristics: 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 floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film 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: 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 HI.D: 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 IILD: 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: Stream is first order, flowing through large wetland. Stream displays characteristics of a perennial stream, including continuous bed and bank and substrate sorting. Shown as a 'dashed blue line' (intermittent) on USGS topographic quad map but the stream flow path has been significantly altered downstream from its confluence with SOI and its actual flow path is different than indicated on USGS quad maps. Additionally, stream scored 37 on NCDWR Stream Form. Of note are several large beaver dams across the ditched channel as it flows out to Buffalo Creek; these dams obscure features suchs as particle size/sorting and macrobenthos sampling along the downstream portion of the stream. 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: 1,956 linear feet 15 width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss 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 III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. 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 III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Stream flows through a large wetland complex and into a ditched channel leading to Buffalo Creek. The wetland surrounds the stream on both sides and terminates when the stream cuts down into the ditched channel. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: S02, a perennial stream or RPW, flows through the wetland area and drains to Buffalo Creek. The origin of S02 is at the outfall of a blocked culvert that formerly drained the wetland; upstream waters (within the wetland) are now perched and ponded above the culvert, and it is not possible to see the upstream end of the pipe. Provide acreage estimates for jurisdictional wetlands in the review area: 27.69 acres. 5. 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. 7. 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):10 'See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. ❑ 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. ❑ 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:7.5-Minute series, Grover Quadrangle. ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ® 100 -year Floodplain Elevation is: 1010' (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):NCOneMap 2015 Orthoimagery. 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. or ® Other (Name & Date):USDA/NAIP 2012,2010, 2009, 2008, 2006, 2005; USGS 1999, 1994, 1991, 1989, 1983, 1973, 1971, 1961; USDA 1949 (all as part of an aerial photo decade package from a third -party data acquisition company). ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: fires November 3, 2016 A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database 10055 Red Run Blvd. Renee Gledhill -Earley suite 130 North Carolina State Historic Preservation Office Owings Mills, MD of the site. Mike Borders Farm is the only architectural structure observed or noted during 21117 4617 Mail Service Center 33 Terminal Way Raleigh NC 27699-4617 412 N. 4th St. Suite 300 We ask that you review this site based on the attached information to determine the presence of Baton Rouge, LA any historic properties. We thank you in advance for your timely response and cooperation. You 70802 Dear Ms. Gledhill -Earley, Suite 110 contact me at bbreslow(ares.us with any questions that you may have concerning the extent of site 100 Calhoun St. The Mallard Site has been identified b REnvironmental SolutionsLLC RES to Resource ons , ( ) 1Jrovide Suite 320 Charleston, SC compensatory mitigation for unavoidable stream and wetland impacts. The proposed project 29401 involves the restoration and enhancement of approximately 1,375 linear feet of stream and 27 acres 2n1 Floor of wetland enhancement. suite Montrose Blvd. Sincerely yours, Suite 650 Houston, TX RES requests review and comment on any possible issues that might emerge with respect to 77006 archaeological or cultural resources associated with a potential stream and wetland mitigation project on the Mallard Site (a USGS site map with approximate limits of conservation easement is 1200 Camellia Blvd. Suite 220 attached). Lafayette, LA 70508 A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database 1371/2 East Main St. (http://gis.ncdcr.gov/hpoweb/; accessed September 1, 2016) was performed as part of the site due Suite 210 diligence evaluation. According to this website, there are no historical structures within one mile Oak Hill, WV of the site. Mike Borders Farm is the only architectural structure observed or noted during 25901 preliminary surveys of the site for restoration purposes. In addition, the majority of the site has 33 Terminal Way historically been disturbed due to cattle grazing. suite 431 Pittsburgh, PA We ask that you review this site based on the attached information to determine the presence of 15219 any historic properties. We thank you in advance for your timely response and cooperation. You 302 Jefferson St. may return the comment to my attention at the address below, or via email. Please feel free to Suite 110 contact me at bbreslow(ares.us with any questions that you may have concerning the extent of site Raleigh, NC 27605 disturbance associated with this project. 1521 W. Main 2n1 Floor Richmond, VA Sincerely yours, 23220 e-77 A Brad Breslow Restoration Ecologist 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 fires November 3, 2016 Sincerely yours, 10055 Red Run Blvd. Mr. Vann Stancil Suite 130 Habitat Conservation Biologist Owings Mills, MID North Carolina Wildlife Resources Commission 21117 215 Jerusalem Church Road 412 N. 4th St. Kenly, NC 27542 Suite 300 Restoration Ecologist Baton Rouge, LA 70802 Subject: Project Scoping for Mallard Stream and Wetland Mitigation Project in Cleveland County. 100 Calhoun St. Suite 320 Charleston, SC 29401 Dear Mr.Stancil, 5020 Montrose Blvd. Suite 650 The purpose of this letter is to request review and comment on any possible issues that might Houston, TX emerge with respect to fish and wildlife associated with a potential stream restoration project on 77006 the attached site (USGS site maps with approximate property lines and areas of potential ground disturbance are enclosed). The Mallard Site has been identified by Resource Environmental 1200 Camellia Blvd. Suite 220 Solutions, LLC (RES) to provide compensatory mitigation for unavoidable stream impacts. The Lafayette, LA proposed project involves the restoration and enhancement of approximately 1,375 linear feet of 70508 stream and 27 acres of wetland enhancement. The site is currently used for cattle grazing and the 1371/2 East Main St. stream channels have been straightened and channelized. Suite 210 Oak Hill, WV We thank you in advance for your timely response and cooperation. You may return the comment 25901 to my attention at the address below. Please feel free to contact me at bbreslow(&,res.us with any 33 Terminal Way questions that you may have concerning the extent of site disturbance associated with this project. suite 431 Pittsburgh, PA 15219 Sincerely yours, 302 Jefferson St. Suite 110 Raleigh, NC 27605 1521 W. Main Brad Breslow 2n1 Floor Restoration Ecologist Richmond, VA 23220 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. September 8, 2016 Daniel Ingram Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Dear Mr. Ingram, The following are comments concerning the feasibility document and field visit walkthrough of the Mallard Water Quality Improvement Site, located in Cleveland County, North Carolina. The site walkthrough occurred on August 31, 2016 and included representatives from Resource Environmental Solutions (RES) and Axiom Environmental, Inc. (AXE). The Feasibility Report for the site is dated August 2016. Mallard Site Overall, AXE agrees with the mitigation concept as outlined in the August 2016 feasibility report. Reach designations and proposed mitigation treatment for UT 1 appear suitable for site conditions; however, UT 2 appears to be a wetland and a stream determination will be required by the US Army Corps of Engineers or NC Division of Water Quality before stream mitigation credit may be derived through this section of the site. Feasibility Report comments include: 1) Existing Conditions — a watershed of 59 acres (0.01 square miles) for UT 2 may be insufficient to support a jurisdictional stream. Confirmation of jurisdiction through this reach may be necessary, as stated above. 2) Section 4.1.1 Stream and Buffer Restoration, second paragraph, last sentence - a credit ratio of 3:1 is proposed for the grazed, forested wetland areas." However, the woody vegetation through a large portion of this area has not survived ponded conditions due to beaver activity. AXE suggests supplemental planting in this area, implementing beaver control, and using a 2:1 credit ratio for this section. 3) Section 4. 1.1 Stream and Buffer Restoration, fourth paragraph, last sentence — "reconnecting low lying areas of hydric soil with the floodplain" is not a necessary or feasible wetland mitigation objective in a beaver -impacted area. Please remove this activity from the text. Page 1 of 2 4) UT 1 is currently situated on the property boundary. It is proposed to be moved off the property boundary and through the middle of the conservation easement. Documentation from the adjacent landowner will be required to avoid hydrologic trespass by moving the stream from the property boundary. Site visit comments include: 1) The jurisdictional boundaries for wetlands will be confirmed by the US Army Corps of Engineers to determine the extent of Wetland Enhancement at the Site. In addition, a jurisdictional determination of stream presence will occur on UT 2 if stream mitigation credit is to be derived from this reach. 2) Wetland Enhancement will be derived at a 2:1 ratio for the site. This includes previously wooded sections that have been flooded, causing trees to die. Wetland Enhancement will include planting suitable species throughout credit -generating areas. Oaks, hickories, and other species of high wildlife value constitute suitable species. Vegetation monitoring will occur in all planted areas, including previously wooded areas. Sincerely, AXIOM ENVIRONMENTAL, INC. W. Grant Lewis President Page 2 of 2 November 10, 2016 Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Daniel Ingram Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Dear Mr. Ingram; The following are comments concerning the Mallard Water Quality Improvement Site Draft Mitigation Plan, dated November 2016. The Site is located in Cleveland County, North Carolina. The project involves 1,785 linear feet of stream restoration and approximately 27 acres of wetland enhancement. Projects involving discharge of fill (temporary or permanent) into a jurisdictional stream and/or wetland will require notification of the action to the US Army Corps of Engineers and NC Division of Water Resources through the submittal of a Pre -Construction Notification (PCN) for a Nationwide Permit (NWP). This project will likely be conducted under a NWP #27, for "Aquatic Habitat Restoration, Establishment, and Enhancement Activities". As the project will be vetted through the regulatory agencies via the NWP process, third party review by Axiom Environmental, Inc. (AXE) for the United States v. Duke Carolinas et al. Mitigation Order will be limited to document review with minimal oversight. Draft Mitigation Plan comments include: 1) The document references UT 1 and UT 2 throughout. However, site visits indicate only one tributary occurs within the site boundaries. UT 2 appears to be a ditch through a wetland. 2) Executive Summary, eighth paragraph, first sentence — "reconnecting low lying areas of hydric soil with the floodplain" is not a necessary or feasible wetland mitigation objective in a beaver -impacted area. Please remove this activity from the text. Wetland enhancement will involve removal of livestock, planting, invasive species control, and beaver control. That should be sufficient to warrant wetland enhancement. 3) Watershed Approach, project goals - "Restoration of hydrology in disturbed and existing riparian wetlands". Please see comment 2 above. 4) Table 7, improved groundwater recharge — Please see comment 2 above. 5) Table 8, stationing for UT 2 ("Lower Reach" on construction plans) should match the attached construction plans for clarity. Page 1 of 2 6) Section 7.2.1 Stream Restoration Approach, seventh sentence — "raising the stream profile to reconnect it to the floodplain which is integral to success and function of the proposed wetland enhancement". Please see comment 2 above. 7) 7.2.2 Wetland Enhancement, sixth sentence — Please see comment 2 above. 8) Table 11, Parameter (dimension), frequency — "Baseline, Years 1, 2, 3, and 5". Year 4 should be added to the 5 year monitoring schedule. 9) Appendix C — Data Analysis — Please show the surveyed cross section locations on the existing conditions figure. This may explain why the XS 2 is almost half the bankfull cross sectional area as XS 1, even though the drainage area is larger. 10) Design Plan Sheets — please show the conservation easement on the plan sheets. This makes confirmation of proposed SMU's possible. 11) Design Plan Sheets 6 and 11 are blank. AXE believes the Mallard Draft Mitigation Plan (dated November 2016) conforms to State of North Carolina and Federal mitigation guidelines outlined in the following documents. • Part 332 (Compensatory Mitigation for Losses of Aquatic Resources) - 33 U.S.C. 401 et seq. ; 33 U.S.C. 1344; and Pub. L. 108-136 • USACE 2012. Wilmington District Mitigation Bank Prospectus Checklist • IRT 2009. Regulatory Guidance for the Calculation of Stream and Buffer Mitigation Credit for Buffer Widths Different from Standard Minimum Widths • IRT 2011. Stream Mitigation Considerations for the Coastal Plain of North Carolina • IRT 2013. Monitoring Requirements and Performance Standards for Compensatory Mitigation in North Carolina It the understanding of AXE that the project will be developed using a NWP #27 and regulatory authorities will be notified of proposed activities. Sincerely, AXIOM ENVIRONMENTAL, INC. k-) ljl�a Jut� W. Grant Lewis President Page 2 of 2 Appendix E- Design Plan Sheets (l 1x17) k,ib mmInarlllo]w:1 SHEET NUMBER DESCRIPTION LAYOUT OVERVIE 2 EROSION AND SI 3 PLANVIEW — LO' 4 PLANVIEW — LO' 5 PLANVIEW — UP 6 PLANVIEW — UP 7 PROFILES 8 TYPICAL CROSS - 9 EXISTING CROSS 10 DETAILS 11 DETAILS 12 DETAILS 13 GENERAL NOTES NOTE: SOURCE OF EXISTING CON_ - - - WAS DEVELOPED BY GC MAPPING, PLLC AND DATED SEPTEMBER 5, 2016. = - a� � "� u �. � ,`' 'fes.- aJ'•' ti�w,�. � �wr j, r VICINITY MAP CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com o � W }' N U ryo O c .O W z (04-J > O � 4 o V D U -0 -0c6 O c: Q > j a� U z 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: u 100 200 300 SCALE 1" = 100, r' f kmana CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com z �o W L (U U 0 t O .O W Z V) Ocz � z O V -0 U O-0 O > W U z 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: w w U) w z U I -- Q CGNTRACTING ti Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com U Q LU �o a� DC u LU 0 ° .o z � -�-j o o J -� a L Ln > v -0 w � av i z 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: "INSTALL CROSS VANE \ STATION 15+40 \ NSTALL CONSTRUCTED RIFF STATION 13+50 \ co w ` 1 _ o z7 0 TA 0 oZ I m 0 1. �,A I O � I 0o I I I I / I INSTALL CROSS VANE \ STATION 11+50 �O OOH /w I --,LIMITS OF DISTURBANCE MATCHUNE SHEET 5 CGNTRACTING ti Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com 1 U Q W •o a� DC u W 0 p z ru O o J -N a L L oC U -0 W � � ca a� � z' Q v J z 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: TCHLINE SH V vvwv//vv�vw� v. ABANDONED CHANNEL / DEPRESSIONAL �\\ \ WETLAND HABITAT I i//i .moi\i\i\i\i\ 61' \\\ \ MATCHL_INE SHEET 6 Me 0 V� LIMITS OF DIST[ Bq \ _ NCE MATCHLINE SHEET 4 INSTALL CK/ROLL RIFFLE STATION 7k10 W IN NST CONTRACTING Blueline Environmental bluelineenv.com \ 919.656.2554 / dani@bluelineenv.com \ I I / U � � a � / Wo / U LU a --i / � O O z L � ci U / -0 W -0 / z / Q U J / CL / 1 , \ z \_ ocf) I PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: MATCHLINE SHEET 5 ABAN ONED 'i 1 � , '3 I XS 1 (SEE SHEET 9) cHA L PLUG I 1 I I 1 I I 1 1 1 , � \ I ? 1 NSTALL CO STRUC-� ED RI FLE STATION 4+ 0 REACH 1 (STATION 0 00 T017+00) i NSTALL CROSS VANE STATION 3+50 NSTALL CULVERT STATION 2+34 INV. = 613.04' a �a 80 �Mp INV. = 613.36' CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com z u Q W �p -F-J U W 4-J o LL. z o/ I ^� (u L Ln U -0 Lu -0 / ca 5 z> Qv 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: c 0 co N 605 w 600 585 615 610 c 0 605 m W 600 585 0+00 0+50 1+00 1+50 2+00 2+50 3+00 PROFILE - MALLARD CREEK D � � N C>/)j� Z D � C 3+50 4+00 Station PROFILE - MALLARD CRFF NIF0 C7 D N p O O � � z 9 + M O + 4+50 5+00 5+50 6+00 6+50 7+00 r 7+50 D n E: Z M 00 615 N I � =�D I (n C7 D0 cnx --j (/) � �D �� OZ z D orz + 0 i �x bluelineenv.com +ocn O z __jm � D i O> + + 0 r l - 610 o; 0 0 +00 o + M U m O O L Z � ° w 605 f0 4-J z 0 600 585 D n E: Z M 00 8+00 C O N 605 W 600 585 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 Station 12+50 PROFILE - MALLARD CREEK 13+00 13+50 14+00 14+50 15+00 15+50 615 610 Ln m 605 0 600 585 16+00 I cn x I � =�D I (n C7 D0 cnx --j (/) � �D �� OZ z Blueline Environmental orz + 0 i �x bluelineenv.com +ocn 919.656.2554 o� + __jm � D i O> I 0 r l - + o; 0 8+00 C O N 605 W 600 585 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 Station 12+50 PROFILE - MALLARD CREEK 13+00 13+50 14+00 14+50 15+00 15+50 615 610 Ln m 605 0 600 585 16+00 Ulu 610 M co 605 0 600 585 16+00 16+50 17+00 17+50 18+00 18+50 19+00 19+50 20+00 20+50 21+00 21+50 22+00 22+50 23+00 23+50 24+00 Station LEGEND EXISTING THALWEG - PROPOSED THALWEG cn x Blueline Environmental D' i �x bluelineenv.com 0D 919.656.2554 zzM __jm � D i O> 0Z + o; 0 0 +00 o + U O O L Z � ° w f0 4-J z O � z � Ulu 610 M co 605 0 600 585 16+00 16+50 17+00 17+50 18+00 18+50 19+00 19+50 20+00 20+50 21+00 21+50 22+00 22+50 23+00 23+50 24+00 Station LEGEND EXISTING THALWEG - PROPOSED THALWEG CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com i 0 U L � ° w f0 4-J z O � � � �C ci 0.U f6 G � U O W PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: 7 y 0 2 0 —20 —15 —10 TYPICAL RFFLE CROS—SECTION Ht,4.cH I UPPER REACH —5 0 STATION REACH 1 LOWER REACH 5 F_ 4 r� D 3 0 BANKFULL WIDTH =22.0' 5 10 o 1 N 2.0 i —20 —15 —'I —5 0 10 5 F 4 M D 3 0 2 1 0 —20 5 rn 4 F_ M y 3 O 2 1 STATION TYPICAL POOL CROSS—SECTIONS REACH I UPPER REACH BANKFULL WIDTH = 22.0 Ln � N 15 —10 —5 0 STATION REACH 1 LOWER REACH 5 10 15 15 15 5 4 3 2 1 0 20 5 4 3 2 1 0 20 5 4 3 2 1 0 20 5 4 CONTRACTING ti y 0 2 0 —20 —15 —10 TYPICAL RFFLE CROS—SECTION Ht,4.cH I UPPER REACH —5 0 STATION REACH 1 LOWER REACH 5 F_ 4 r� D 3 0 BANKFULL WIDTH =22.0' 5 10 o 1 N 2.0 i —20 —15 —'I —5 0 10 5 F 4 M D 3 0 2 1 0 —20 5 rn 4 F_ M y 3 O 2 1 STATION TYPICAL POOL CROSS—SECTIONS REACH I UPPER REACH BANKFULL WIDTH = 22.0 Ln � N 15 —10 —5 0 STATION REACH 1 LOWER REACH 5 10 15 15 15 5 4 3 2 1 0 20 5 4 3 2 1 0 20 5 4 3 2 1 0 20 5 4 3 2 1 0 0 —20 —15 —10 —5 0 5 10 15 20 STATION LEGEND PROPOSED GRADE — — — BANKFULL WIDTH =25.0' CONTRACTING ti 0 bluelineenv.com 5 4 3 2 1 0 0 —20 —15 —10 —5 0 5 10 15 20 STATION LEGEND PROPOSED GRADE CONTRACTING ti Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com z� Q s O 4-JU W •° z cry o o a� N NO Z3 L� UU J� ro Q U a ru � a U z 0 w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: rn 620.00 618.00 (D 616.00 614.00 a--+ 612.00 cu> O• 610.00 608.00 606.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 1 +00.00 1 +10.00 1 +20.00 1 +30.)0 1 +40.00 1 +50.00 1+6o bo 1 +70.00 1 +80.00 1 +90.00 1+96.38 Station M 616.00 , Profile View of XS -2 o 614.00 O < 612.00 ♦--� 610.00 ; M 608.00 • 606.00 604.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 0+98.27 Station M 612.00 , Profile View of XS -3 610.00 0 +-j< 608.00 +� 606.00 > i W U 604.00 o • 602.00 600.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 1 +00.00 1+10.'00 1 +20.00 N Station Profile View of XS -4 x T 612.00 w 1 610.00 (D 608.00 606.00 -�--+ 604.00 > LEGEND O• 602.00 600.00 PROPOSED GRADE 598.00 W- - - EXISTING GRADE 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 Station CONTRACTIN9 G Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com i z _ U � 4-J Uz a � Q i c� � f6 L V N z� z O (n w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: rn 620.00 618.00 (D 616.00 614.00 a--+ 612.00 cu> O• 610.00 608.00 606.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 1 +00.00 1 +10.00 1 +20.00 1 +30.)0 1 +40.00 1 +50.00 1+6o bo 1 +70.00 1 +80.00 1 +90.00 1+96.38 Station M 616.00 , Profile View of XS -2 o 614.00 O < 612.00 ♦--� 610.00 ; M 608.00 • 606.00 604.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 0+98.27 Station M 612.00 , Profile View of XS -3 610.00 0 +-j< 608.00 +� 606.00 > i W U 604.00 o • 602.00 600.00 W 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 1 +00.00 1+10.'00 1 +20.00 N Station Profile View of XS -4 x T 612.00 w 1 610.00 (D 608.00 606.00 -�--+ 604.00 > LEGEND O• 602.00 600.00 PROPOSED GRADE 598.00 W- - - EXISTING GRADE 0+10.00 0+20.00 0+30.00 0+40.00 0+50.00 0+60.00 0+70.00 0+80.00 0+90.00 Station CONTRACTIN9 G Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com i z _ U � 4-J STRUCTURE II ELEVATION PER PF STAIN: (TYP) 6' MIN. OVERLAB IN DOWNSTREAM DIRECTION AT MAP ENIDS TOP OF BAIT TOE OF SLOPE Plan'Vic-w EROSION CONTROL MATTING MIP) STAKE (TYP TOE OF SLOPE 8tcdou ' vi e�,�a• (-5--ROCK CROSS VANE ��8j NOT TO SCALE 'p) DOTES: 1. PROVIDE TURNING RADIUS SUFFICIENT TO ACCOMMODATE LARGE TRUCKS. B. LOCATE CONISTRUCTION! ENTRANCE AT ALL POINTS OF INGRESS AND EGRESS UNTIL SITE IS STABILIZED. PROVIDE FREQUENT CHECKS OF THE DEVICE AND TIMED' 1AAINTENANCE, 8, MUST BE MAINTAINED IN A CON DITION WHICH bluelineenv.com WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. PERIODIC TOP DRESSING WITH STONE WILL BE NECESSARY. 7. ANY MATERIAL TRACKED CRTC THE ROADWAY MUST BE CLEANED IMMEDIATELY. 1, USE CLASS .A S70NE OR OTHER COARSE AGGREGATE APPROVED BY THE ENGINEER. S. PLACE FILTER FABRIC BENEATH STONE. 2" Typical Stake TOP OF BANK SECURE MATTING IN B" CHEEP TRENCH EROSION CONTROL MATTING NOT TO SCALE BACKFILL tO"ITE ALLUVIUM) CHANNEL BED �9 TYPErtiE 4t F._ FILTER FABRIC EXTEND FILTER FABRIC a' MIDI. UPMEAM Sin A -A' 87RUCTURE INVERT ELEVATION PER; PROFILE TOP ()P BANK tTYP) HEADER ROCK TOE OFSLOPE (T`r'Pj IL .. FOOTER ROCK BACKFILL ON1-8I7E ALLUVIUM) EXTEND FILTER FABRIC fir' MIN UPSTREAM (-2-CULVERT g NOT TO SCALE (--4--CHANNEL PLUG ��8j NOT TO SCALE 5' G A N N E EROSION CONTROL MAT SIDE SLOPE PER TYPICAL SECTION; BOULDER TOE PROTECTION SEE PROFILE FOR LENGTH OF RIFFLE Plan View 9 Section . X -fit' COMPACTED SELECT TOP OF SANK TVP) u CHANNEL BACKFILL 12" NOMINAL THICKNESS OF EQUAL PARTS CLASS A, 8, ANIS 1 STONE HEAD OF RIFFLE TAIL OF RIFFLE HEAD OF RIFFLE ELEVATION POINT PER PROFILEPOOL tL RUN RIFFLE GLIM �A' POOL RMB 'TENDS �' STONE EXTENDS E m � lIpSTREAM 5'MIN. } Lu UPSTREAM S' MIN. CL TOE OF SLOPE 7)z TOP OF BANK (TYP) TAIL OF RIFFLE ELEVATION POINT PER PROFILE TOP OF BANK (TYPE Pkn View CONSTRUCTED RIFFLE NOT TO SCALE `.CONTRACTING �. Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com fD O ca � N U O � •° J z f6 a -J Q W L 0 U [C � fca N G � U O w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: 10 FLOW THALWEG " STOP OF BANK NONWOVEN � FILTER FABRIC NORMAL WATER SURFACE it Y ROCK AND ROLL RIFFLE NOT TO SCALE vo S BURY INTO BARK 51 MIN.(TYP) f=IIkyA101•2- A1124 1 112 11 F E3At K {TYP) 70F OF SLOPE {TYP) -� EXCAVATE POOL PER PROFILE STRUCTURE INVERT � ELEVATION POINT PER PROFILE (_3_LOG CROSS VANE g NOT TO SCALE structure Dimensions 4 fT) W(F7) Y (FT) DEGREE) dani@bluelineenv.com '3 1'D s BANKFOLL 1511 DIAMETER OR GREATER (TYP) POOL WIDTH PER TYPICAL SECTION MIX OF LASS A& #57 STONE TYPE 2 TOE FILTER FABRIC TOP OF BANK JTYP) 70E OF SLOPE MIX OF CLASS A &#57STONE EXTEND FILTER FABRIC 5'MIN. UPSTREAM 12" NOMINAL THICKNESS OF EQUAL PARTS CLASS A, B> AND `V aTQNE. Section A -A! STRUCTURE INVERT ELEVATION PER PROFILE P� iL FOOTER ROCK OR LL1 section 13-B, Tarp sof Bank Lag Sill Detail 1. Log vane size and material to be approved by dealgner. 2. Choose straight loge as possible. 3. Excavate trench to accommodate footer and log. 4. Key in vane 5ft past tap of bank. 5. Tap of crane nearly level with stream, bad. S. Connect filter fabric with galvanized tacking. 7. Backfill as directed. Plan View Plow Top of Bark Lour flow water surtaaie Strearnbad Profile View !pe Scour Pool k,singie or triangular) 2 LOG SILL g NOT TO SCALE TRANSPLANTED SOD AND ROOTHASS TOP OF BAND EROSION C NTROL MATTING (T'YP. Section riew Piffic imb&tion NOTES: 1. PREPARE THE BANK WHERE THE SOD MAT WILL BE TRANSPLANTED BY RAKING & FERTILIZING. 2. EXCAVATE TRANSPLANT SOD MATS WITH A VIDE (BUCKET AND AS MUCH ADDITIONAL SOIL MATERIAL AS POSSIBLE. 3. PLACE TRANSPLANT ON THE BANK TO BE STABILIZED. 4. SECURE WITH SOD STAPLES. E. FILL IN ANIS HOLES AROUND THE TRANSPLANT AND COMPACT. B. AW LOOSE SOIL LEFT IN THE STREAM SHOULD BE REMOVED. 7. PLACE MULTIPLE TRANSPLANTS CLOSE TOGETHER SUCH THAT THEY TOUCH. 8. INSTALL EROSION CONTROL MATTING ABOVE TRANSPLANTED SOD MATS. FLOW r•- TRANSPLANTED SOD AND R007MASS � w w w ti W w W IV W W W IV Ve w Vs 9e W W P OF BAND TOE OF SLOPE Plan View `'' CO STRUCTED RIFFLE Riffle 'Installation 4 SOD MAT 9 NOT TO SCALE CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com 1'D O ca � 4-'U N O � •° J z Q O V) W L/ 0 U ca N U z O W PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: BARE ROOT PLANTING NOT TO SCALE M1 IIr=71--6 iftAmIrl" VARI BRACING PER PLANTING PLAN y1 �1 INSERT THE [DIBBLE, OR SHOVEL, STRAIGHT DOWN INTO THE SAIL TO THE FULL [DEPTH OF THE BLADE AND PULL BASK ON THE HANDLE TO OPEf!! THE PLANTING HALE. (DO NOT ROCK THE SHOVEL ®ACID AND FORTH AS THIS CAUSES SOIL IN THE PLANTING MALE TO BE COMPACTED, INHIBITING ROO T GROWS -H. FEMt's+'E THE DIBBLE, OR SHOVEL, AND PUSH THE SEEDLING ROOTS SEEP INTO THE PLATTING HALE, FULL THE SEE DUNG E3AD1 JP TO THE CORRECT PLANTING DEPTH THE FT COLLAR SHOULD BE 170 INCHES BELOW THE BOIL SURFACE. GENTLY SHAKE THE SEEDLING TO ALLOW THE R0078 Tib TRAIGHTEN OUT. 13o NOT TWIST OR SPIN THE SEEDLING OR LEAVE THE ROOTS >l-R007EQ, INSERT THE DIBBLE:, OR SHOVEL, SEVERAL INCHES IN FRONT OF THE SEEDLING AND PUSH THE BLADE HALFWAY IhlTC? THE SOIL, TWIST AND PUSH THE HANDLE FORWARD TO CLOSE THE TCP Li F° THE BLIT TO HOLD THE SEEDLING NOT TO SCALE DIBBLE BAR IN PLACE=, P TOE OF SLOPE Bection View LIVE BTAKE P) \ TOP OF BAND EROSION OCNTFC7L MATTING SEE DETAIL) n PLANTING BAR SHALL HAVE A BLADE WITH A TRIANGULAR CROSS-SECTION, AND SHALL BE 12 INCHES LONG, 4 INCHES WIDE AND 1 INCH THICK AT CEN TER. ROOTING PRUNING ALL FtC3oTS SHALL BE PRUNED TO AN APPORIAT€ LENGTH TO PREVENT ,1-ROOTING. NOTES: 1, ALL SOILS WIT HI N THE BUFFER PLANTING AREA SHALL BE IDIBKEp, AS REQUIRED, PRIOR TO PLANTING. 2. ALL PLANTS SHALL BE PROPERLY HANDLED PRIOR TO INSTALLATION TO INSURE aUR i i I i PUSH THE DIBBLE, OR BHVEL, DOWN TO THE FULL DEPTH OF THE BLAaE, PULL BACK ON THE HANDLE TO CLOSE THE BOTTOM OF THE PLANTING HELD, THEN PUSH FORWARD TO CLOSE THE TOP, ELIMINATING AIR POCKETS AROUND THE ROO Mtn View \TOE OF SUPE NO TE: 1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS AND DIRECl'ED BY THE ENGINEER. (_3_�LIVE STAKNG Q jo T. VIIIAL, ,F 112" TO 2" DIAMETER ' REMOVE THE aI8E3LE, OR SHOVEL, AND CLOSE AND FIRM LIP THE DPEI+lIP3lG 111117H YOUR HEEL, BE CAREFUL To AVOID DAMAGING THE SEEDLING. CONTAINERIZED PLANTING NOT TO SCALE 2'TYPICAL LIVE STAKE {TY LIVE FABCINE BUNDLE OR 12" COIR LOG SECURED 11111TH 36" STAKES AND WIRE Section View SHALL BE A MINIMUM OF BRANCH CUTTINGS PER BQUARE YARD (1 INCH MA. DIAMETER) BRUSH MATTRESS WITH BRANCH Cl,1TTIItIGB (TYP) 1 GAUGE GALVANIZED WIRE SECURED TO BTAKES -1 SECURE 11111TH 4„ LONG STAKES (T't'P) 1 GAUGE GALVANIZED WIRE SECURED 70 STAKES 2x CONTAINER WIDTH COR LOG NOT TO SCALE FILL IN GAPS V+11TH TOP SOIL, qq LIME FASGINE BUNDLE OR 12 " COIR LOG.. NOTE: 1,®yyOy�t�Rj� aFOR ryryBT�As�I�E�*BtySHALL BE 2" i'n � C4n 'LdR L2. " A+. C11 1# p A� DIRECTED 8Y THE ENGINEER. I{73TEQILEAFEI CONDITIONS OF THE LIVING PLANT MATERIAL IS NOT 9EPRESENTATIVE1TTHE TIME OF INSTALLATION. Lu `.�CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com fD � O C6 L U N ate--+ O � •° J z � Q Ln� 12 0 U fca N G � _N U z O w PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: PROJECT SUMMARY: EROSION AND SEDIMENT CONTROL NARRATIVE THE MALLARD SITE RESTORATION AND CHANNEL RELOCATION PROJECT IS LOCATED OUTSIDE OF CONTRACTING A. PROJECT DESCRIPTION: THE MALLARD STREAM RESTORATION PROJECT IS LOCATED NEAR GROVER, NORTH CAROLINA, NORTH OF MALLARD DRIVE. THE PROJECT REACH IS LOCATED WITHIN A AGRICULTURAL AREA WITH FLOODPLAIN WETLANDS. THE WATERSHED FOR THE PROJECT REACH IS APPROXIMATELY 0.8 SQUARE MILES IN GROVER, NC, IN CLEVELAND COUNTY. AND FLOWS FROM THE CULVERT UNDER MALLARD DRIVE. THE AREA AND IS PREDOMINATELY RURAL IN NATURE. LAND USE INCLUDES PASTURE, AGRICULTURE, ROADS, RESIDENTIAL STRUCTURES, AND FORESTED AREAS. THERE ARE NO SIGNIFICANT TRIBUTARIES FLOWING INTO THE STREAM WITHIN THE PROJECT AREA. PROJECT REACHES INCLUDE APPROXIMATELY 3615 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO B. EXISTING SITE CONDITIONS: THE PROJECT REACH CONSISTS OF A SINGLE THREAD CHANNEL THAT IS IMPACTED BY ONGOING DREDGING, LIVESTOCK ACCESS, MINIMAL RIPARIAN BUFFER, AND BEAVER ACTIVITY. THE IMPACTS OF THESE ACTIVITIES INCLUDE: CHANNEL AGGRADATION, BANK EROSION, LOSS OF RIPARIAN VEGETATION, BUFFALO CREEK. THE GOAL OF THE PROJECT IS TO RELOCATE A STREAM (REACH 1) TO A NATURALLY AND ULTIMATELY UNSTABLE CHANNEL DIMENSION, PATTERN, AND PROFILE. LOW AREA OF THE ADJACENT PASTURE, AND POSSIBLY THE HISTORICAL LOCATION OF THE CHANNEL. C. ADJACENT AREAS: THE PROPERTIES ADJACENT TO THE PROJECT SITE CONSIST OF THE AGRICULTURAL FIELDS AND WETLANDS. THE CURRENT CONDITION OF THE STREAM IS SIGNIFICANTLY DEGRADED AND CURRENTLY D. OFF-SITE AREAS: NO OFF-SITE AREAS WILL BE INCLUDED IN THIS PROJECT AS ALL CUT MATERIALS WILL BE USED AS FILL ON SITE. EXPERIENCING IMPACTS FROM CATTLE ACCESS, DREDGING, MINIMAL BUFFER, AND BEAVER ACTIVITY. E. CRITICAL AREAS: ALL EARTHWORK ASSOCIATED WITH THE PROJECT WILL BE PRIMARILY WITHIN THE PASTURE AREA ADJACENT TO THE EXISTING CHANNEL. THE PROPOSED CONSTRUCTION SEQUENCE IS FROM UPSTREAM TO DOWN, WITH VARIATIONS POSSIBLE RELATED TO BALANCING OF CUT -FILL. FOR PORTIONS OF THE ACTIVE THE GOAL OF THE RELOCATION AND PRIORITY 1 RESTORATION FOR REACH 1 IS TO CREATE A STABLE CHANNEL BEING GRADED, STREAMFLOW MAY BE DIVERTED. EACH PORTION OF THE ACTIVE CHANNEL BEING GRADED WILL BE STABILIZED AT THE END OF EACH DAY. AS EACH SEGMENT OF THE PROJECT IS BROUGHT TO FINAL GRADE AND STRUCTURES INSTALLED, THE BANKS WILL BE SEEDED AND MATTED COIR FIBER IN CHANNEL WITH FUNCTIONAL IN -STREAM AND RIPARIAN HABITAT. THE NEW/RESTORED CHANNEL WILL ACCORDANCE WITH DETAILS. INCLUDE A FEW STRUCTURES FOR GRADE CONTROL AND POOL ENHANCEMENT AND TO AID IN F. EROSION AND SEDIMENT CONTROL MEASURES: THE FOLLOWING E&S MEASURES MAY BE USED BY THE CONTRACTOR, AS WELL AS ANY OTHERS DEEMED NECESSARY, DEPENDING ON SITE CONDITIONS AT THE TIME OF CONSTRUCTION. UNLESS OTHERWISE INDICATED, ALL E&S MEASURES (VEGETATIVE AND STRUCTURAL) WILL BF CONTROLLING THE DIRECTION OF FLOW TO PROTECT NEWLY CONSTRUCTED BANKS AS VEGETATION INSTALLED AND MAINTAINED ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL, AS WELL AS ANY OTHER APPLICABLE REGULATIONS. MATURES. THE STABILIZED CHANNEL WILL ALSO PROTECT THE ROAD ACCESS TO A SAND DIPPING OPERATION AT THE REAR OF THE ADJACENT PROPERTY WITH THE INSTALLATION OF A NEW CULVERT STRUCTURAL PRACTICES UNDER THE ACCESS ROAD. THE NEW CHANNEL (REACH 1) WILL FLOW INTO REACH 2, AN EXISTING 1. TEMPORARY GRAVEL CONSTRUCTION ENTRANCE/EXIT - 6.06 CHANNEL ON-SITE. THIS CONFLUENCE WILL BE LOCATED AT THE LOWER END OF REACH 3. CUT 2. SEDIMENT FENCE - 6.623 MATERIAL GENERATED FROM THE EXCAVATION OF THE NEW CHANNEL FOR REACH 1 WILL BE USED TO 3. VEGETATIVE PRACTICES - PARTIALLY FILL IN THE ABANDONED CHANNEL, LEAVING DEPRESSION AREAS FOR WETLAND HABITAT. a. TEMPORARY STABILIZATION - 6.10 ro O b. PERMANENT STABILIZATION - 6.11 SITE DESCRIPTION: +�-+ cn oC w U c. RIPARIAN SEEDING - 6.24 THE MALLARD SITE IS COMPRISED OF APPROXIMATELY 31.6 ACRES AND IS IN PASTURE, WETLAND, AND PERMANENT STABILIZATION: AS FINAL GRADE AND STABILIZATION PROGRESSES DOWNSTREAM THROUGH THE PROJECT REACH, THE BANKS SHALL BE SEEDED WITH TEMPORARY AND PERMANENT SEED MIX, AS WELL AS COVERED WITH A COIR FIBER MATTING (700 GRAM OR APPROVED EQUAL) IN ACCORDANCE WITH DETAIL. ALL FLOODPLAIN. IT IS RELATIVELY FLAT, WITH A VALLEY SLOPE OF LESS THAN 1 PERCENT. TREES ARE OTHER DISTURBED AREAS WILL BE SEEDED WITH TEMPORARY AND PERMANENT SEED MIX AS GRADING IS COMPLETED AND PLANTING IN ACCORDANCE WITH THE PLANTING PLAN ONCE CONSTRUCTION IS COMPLETED. PLANTING SHALL NOT OCCUR WHEN GROUND IS FROZEN. SPARSELY LOCATED THROUGHOUT THE WETLAND AREA AND ALONG PORTIONS OF THE EXISTING STORMWATER RUNOFF CONSIDERATIONS: AS THIS PROJECT WILL NOT INCREASE PEAK RUNOFF RATES, THERE WILL BE NO NEGATIVE IMPACT TO FLOODING OR DOWNSTREAM CHANNEL DEGRADATION. STREAM CHANNEL. THE SOILS ARE PREDOMINATELY SAND, AND THERE IS A SAND DIPPING OPERATION MAINTENANCE: ALL E&S CONTROL MEASURES SHALL BE INSPECTED WITHIN 24 HOURS OF INSTALLATION AND FOLLOWING EACH STORM EVENT GREATER THAN 0.5 INCHES IN A 24-HOUR PERIOD, DAILY DURING PROLONGED RAINFALL EVENTS, AND WEEKLY OUTSIDE OF STORM EVENTS. ANY DAMAGED SHALL BE IMMEDIATELY LOCATED ON AN ADJACENT PARCEL. THE UNNAMED TRIBUTARY THAT IS OUR PROJECT REACH, FLOWS REPAIRED, AND ADDITIONAL MEASURES INSTALLED IF DEEMED NECESSARY. CONTRACTOR SHALL MAINTAIN FIELD NOTES RELATED TO E&S CONTROL MEASURE INSPECTIONS AND ANY RESULTING MAINTENANCE ACTIVITIES. THIS LOG SHALL BE MADE AVAILABLE UPON REQUEST. INTO BUFFALO CREEK TO THE NORTH. THE PROJECT REACH ENTERS THE PROPERTY THROUGH A CULVERT THAT PASSES UNDER MALLARD DRIVE. THERE IS A SAND BED ROAD ALONG THE EDGE OF THE PRIMARY PROJECT REACH THAT ACCESSES THE SAND DIPPING AREA TO THE NORTH. THE NEW THE CONTRACTOR SHALL INSPECT DAILY ALL AREAS OF CONSTRUCTION ACTIVITIES TO ENSURE THAT ALL E&S CONTROL MEASURES ARE INSTALLED AND FUNCTIONING PROPERLY. THE CONTRACTOR SHALL INSTALL ANY ADDITIONAL E&S CONTROL MEASURES THAT MAY BE REQUIRED TO PREVENT DAMAGE TO ADJACENT AND/OR CHANNEL WILL FLOW THROUGH A NEW CULVERT UNDER THIS ACCESS ROAD. DOWNSTREAM WATERWAYS, OR TO THE PROJECT REACH, PRIOR TO PROJECT COMPLETION AND PERMANENT STABILIZATION BEING ESTABLISHED. SOILS: THE FOLLOWING ITEMS SHALL BE INSPECTED IN PARTICULAR: THE SITE IS PREDOMINANTLY WEA - WEHADKEE LOAM AND IS FREQUENTLY FLOODED. THE PROJECT 1. SEDIMENT FENCE BARRIERS: INSPECTING FOR UNDERMINING OF FABRIC. SEDIMENT SHALL BE REMOVED IF LEVEL IS 1/2 OR GREATER OF BARRIER HEIGHT. AREA FALLS WITHIN THE FLOODPLAIN OF BUFFALO CREEK. THE UPPER PORTION OF THE PROJECT REACH 2. SEEDING AREAS: ENSURE STAND OF GRASS IS ESTABLISHED AND MAINTAINED. FERTILIZE AND/OR RE -SEED AS NECESSARY. HAS A SMALL AREA OF CHA - CHEWACLA LAOM THAT IS LESS FREQUENTLY FLOODED. 0-2 PERCENT SLOPES. LOCAL COUNTY INSPECTOR SHALL HAVE THE AUTHORITY TO ADD OR REMOVE REQUIRED E&S CONTROL MEASURES AS DEEMED NECESSARY AND AS CONDITIONS WARRANT. INFORMATION FROM WEBGIS AND NRCS CLEVELAND COUNTY SOIL SURVEY (1999). GENERAL EROSION AND SEDIMENT CONTROL NOTES: 1. THE LOCAL OFFICE RESPONSIBLE FOR E&S CONTROL MEASURES SHALL BE NOTIFIED AT LEAST 48 HOURS IN ADVANCE OF ANY PLANS TO BEGIN CLEARING AND GRADING OPERATIONS AND ONE WEEK PRIOR TO FINAL INSPECTION. NOTES FOR CONSTRUCTION: 2. ALL E&S CONTROL MEASURES ARE TO BE PLACED PRIOR TO CLEARING ADJACENT TO THE STREAM CHANNEL OR GRADING THE CHANNEL. 3. A COPY OF THE APPROVED E&S CONTROL PLAN SHALL BE MADE AVAILABLE ON SITE AT ALL TIMES. LOCATION AND INSTALLATION OF IN -STREAM STRUCTURES MAY BE MODIFIED DURING THE 4. IF ANY ADDITIONAL AREAS ARE TO BE DISTURBED (OUTSIDE OF THIS PLAN), A SUPPLEMENTARY EROSION CONTROL PLAN SHALL BE PREPARED AND SUBMITTED TO OWNER FOR REVIEW AND APPROVAL MUST BE OBTAINED FROM THE APPROVING AUTHORITY. IMPLEMENTATION OF THE RESTORATION DESIGN PER THE DISCRETION OF THE DESIGNER (DW 5. THE CONTRACTOR IS RESPONSIBLE FOR INSTALLATION OF ANY ADDITIONAL E&S CONTROL MEASURES NECESSARY TO PREVENT EROSION AND SEDIMENTATION FROM OCCURRING AS DEEMED BY THE APPROVING AUTHORITY. JOHNSON). THE DESIGNER WILL NOTIFY CLIENT OF CHANGES AT THE TIME AND WILL MAKE NOTE OF 6. ALL DISTURBED AREAS ARE TO DRAIN TO APPROVED E&S CONTROL MEASURES DURING LAND DISTURBING ACTIVITIES AND UNTIL STABILIZATION IS ACHIEVED. ADJUSTMENTS. CONTRACTOR NOT TO REMOVE OR DAMAGE ANY TREES OVER 3 INCH DBH WITHOUT 7. CONTRACTOR SHALL INSPECT ALL E&S CONTROL MEASURES WEEKLY AND AFTER EACH STORM EVENT, COMPLETING ALL NECESSARY REPAIRS AND MAINTENANCE TO ENSURE EFFECTIVENESS. APPROVAL FROM OWNER. MINIMUM STANDARDS (MS): (1) SOIL STABILIZATION. PERMANENT OR TEMPORARY SOIL STABILIZATION SHALL BE APPLIED TO DENUDED AREAS WITHIN SEVEN DAYS AFTER FINAL GRADE IS REACHED ON ANY PORTION OF THE SITE. TEMPORARY SOIL STABILIZATION SHALL BE APPLIED WITHIN SEVEN DAYS TO DENUDED AREAS THAT MAY NOT BE AT FINAL GRADE BUT WILL REMAIN DORMANT FOR LONGER THAN 30 DAYS, BUT LESS THAN ONE YEAR. PERMANENT STABILIZATION SHALL BE APPLIED TO AREAS THAT ARE TO BE LEFT DORMANT FOR MORE THAN ONE YEAR. (2) SOIL STOCKPILE STABILIZATION. DURING CONSTRUCTION, SOIL STOCKPILES AND BORROW AREAS SHALL BE STABILIZED OR PROTECTED WITH SEDIMENT TRAPPING MEASURES. TEMPORARY PROTECTION AND PERMANENT STABILIZATION SHALL BE APPLIED TO ALL SOIL STOCKPILES ON SITE AND BORROW AREAS OR SOIL INTENTIONALLY TRANSFERRED OFF SITE. (3) PERMANENT STABILIZATION. PERMANENT VEGETATIVE COVER SHALL BE ESTABLISHED ON DENUDED AREAS NOT OTHERWISE PERMANENTLY STABILIZED. PERMANENT VEGETATION SHALL NOT BE CONSIDERED ESTABLISHED UNTIL A GROUND COVER IS ACHIEVED THAT IS: • UNIFORM • MATURE ENOUGH TO SURVIVE • WILL INHIBIT EROSION (4) SEDIMENT BASINS & TRAPS. SEDIMENT BASINS, SEDIMENT TRAPS, PERIMETER DIKES, SEDIMENT BARRIERS, AND OTHER MEASURES INTENDED TO TRAP SEDIMENT SHALL BE CONSTRUCTED AS A FIRST STEP IN ANY LAND -DISTURBING ACTIVITY AND SHALL BE MADE FUNCTIONAL BEFORE UPSLOPE LAND DISTURBANCE TAKES PLACE. (5) STABILIZATION OF EARTHEN STRUCTURES. STABILIZATION MEASURES SHALL BE APPLIED TO EARTHEN STRUCTURES SUCH AS DAMS, DIKES, AND DIVERSIONS IMMEDIATELY AFTER INSTALLATION. (6) SEDIMENT TRAPS & SEDIMENT BASINS. SEDIMENT TRAPS AND BASINS SHALL BE DESIGNED AND CONSTRUCTED BASED UPON THE TOTAL DRAINAGE AREA TO BE SERVED BY THE TRAP OR BASIN AS FOLLOWS: SEDIMENT TRAPS • ONLY CONTROL DRAINAGE AREAS LESS THAN THREE ACRES • MINIMUM STORAGE CAPACITY OF 134 CUBIC YARDS PER ACRE OF DRAINAGE AREA SEDIMENT BASINS • CONTROL DRAINAGE AREAS GREATER THAN OR EQUAL TO THREE ACRES • MINIMUM STORAGE CAPACITY OF 134 CUBIC YARDS PER ACRE OF DRAINAGE AREA • THE OUTFALL SYSTEM SHALL, AT A MINIMUM, MAINTAIN THE STRUCTURAL INTEGRITY OF THE BASIN DURING A TWENTY-FIVE YEAR STORM OF 24-HOUR DURATION (7) CUT AND FILL SLOPES DESIGN & CONSTRUCTION. CUT AND FILL SLOPES SHALL BE DESIGNED AND CONSTRUCTED IN A MANNER THAT WILL MINIMIZE EROSION. SLOPES FOUND TO BE ERODING EXCESSIVELY WITHIN ONE YEAR OF PERMANENT STABILIZATION SHALL BE PROVIDED WITH ADDITIONAL SLOPE STABILIZING MEASURE' UNTIL THE PROBLEM IS CORRECTED. (8) CONCENTRATED RUNOFF DOWN SLOPES. CONCENTRATED RUNOFF SHALL NOT FLOW DOWN CUT OR FILL SLOPES UNLESS CONTAINED WITHIN AN ADEQUATE TEMPORARY OR PERMANENT CHANNEL, FLUME, OR SLOPE DRAIN STRUCTURE. (9) SLOPE MAINTENANCE. WHENEVER WATER SEEPS FROM A SLOPE FACE, ADEQUATE DRAINAGE OR OTHER PROTECTION SHALL BE PROVIDED. (10) STORM SEWER INLET PROTECTION. ALL STORM SEWER INLETS MADE OPERABLE DURING CONSTRUCTION SHALL BE PROTECTED SO THAT SEDIMENT -LADEN WATER CANNOT ENTER THE STORMWATER CONVEYANCE SYSTEM WITHOUT FIRST BEING FILTERED/TREATED TO REMOVE SEDIMENT. (11) STORMWATER CONVEYANCE PROTECTION. BEFORE NEWLY CONSTRUCTED STORMWATER CONVEYANCE CHANNELS OR PIPES ARE MADE OPERATIONAL, ADEQUATE OUTLET PROTECTION AND ANY REQUIRED TEMPORARY OR PERMANENT CHANNEL LINING SHALL BE INSTALLED IN BOTH THE CONVEYANCE CHANNEL AND THE RECEIVING CHANNEL. (12) WORK IN LIVE WATERCOURSE. WHEN WORK IN A LIVE WATERCOURSE IS PERFORMED: PRECAUTIONS SHALL BE TAKEN TO MINIMIZE ENCROACHMENT, CONTROL SEDIMENT TRANSPORT, AND STABILIZE THE WORK AREA TO THE GREATEST EXTENT POSSIBLE DURING CONSTRUCTION NOWERODI BLE MATERIAL SHALL BE USED FOR THE CONSTRUCTION OF CAUSEWAYS AND COFFERDAMSEARTHEN FILL MAY BE USED FOR THESE STRUCTURES IF ARMORED BY NON -ERODIBLE COVER MATERIALS. (13) CROSSING LIVE WATERCOURSE. WHEN A LIVE WATERCOURSE MUST BE CROSSED BY CONSTRUCTION VEHICLES MORE THAN TWICE IN ANY SIX-MONTH PERIOD, A TEMPORARY VEHICULAR STREAM CROSSING CONSTRUCTED OF NON -ERODIBLE MATERIAL SHALL BE PROVIDED. (14) REGULATION OF WATERCOURSE CROSSING. ALL APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS PERTAINING TO WORKING IN OR CROSSING LIVE WATERCOURSES SHALL BE MET. (15) STABILIZATION OF WATERCOURSE. THE BED AND BANKS OF A WATERCOURSE SHALL BE STABILIZED IMMEDIATELY AFTER WORK IN THE WATERCOURSE IS COMPLETED.(16) UNDERGROUND UTILITY LINE INSTALLATION . UNDERGROUND UTILITY LINES SHALL BE INSTALLED IN ACCORDANCE WITH THE FOLLOWING STANDARDS IN ADDITION TO OTHER APPLICABLE CRITERIA: • NO MORE THAN 500 LINEAR FEET OF TRENCH MAY BE OPENED AT ONE TIME • EXCAVATED MATERIAL SHALL BE PLACED ON THE UPHILL SIDE OF TRENCHES • EFFLUENT FROM DEWATERING OPERATIONS SHALL BE FILTERED OR PASSED THROUGH AN APPROVED SEDIMENT TRAPPING DEVICE, OR BOTH, AND DISCHARGED IN A MANNER THAT DOES NOT ADVERSELY AFFECT FLOWING STREAMS OR OFF-SITE PROPERTY • MATERIAL USED FOR BACKFILLING TRENCHES SHALL BE PROPERLY COMPACTED IN ORDER TO MINIMIZE EROSION AND PROMOTE STABILIZATION • RE -STABILIZATION SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THESE REGULATIONS • COMPLY WITH APPLICABLE SAFETY REGULATIONS (17) VEHICULAR SEDIMENT TRACKING. WHERE CONSTRUCTION VEHICLE ACCESS ROUTES INTERSECT PAVED OR PUBLIC ROADS: PROVISIONS SHALL BE MADE TO MINIMIZE THE TRANSPORT OF SEDIMENT BY VEHICULAR TRACKING ONTO THE PAVED SURFACE. WHERE SEDIMENT IS TRANSPORTED ONTO A PAVED OR PUBLIC ROAD SURFACE, THE ROAD SURFACE SHALL BE CLEANED THOROUGHLY AT THE END OF EACH DAY SEDIMENT SHALL BE REMOVED FROM THE ROADS BY SHOVELING OR SWEEPING AND TRANSPORTED TO A SEDIMENT CONTROL DISPOSAL AREA. STREET WASHING SHALL BE ALLOWED ONLY AFTER SEDIMENT IS REMOVED IN THIS MANNER. (18) REMOVAL OF TEMPORARY MEASURES. ALL TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES SHALL BE REMOVED WITHIN 30 DAYS AFTER FINAL SITE STABILIZATION OR AFTER THE TEMPORARY MEASURES ARE NO LONGER NEEDED, UNLESS OTHERWISE AUTHORIZED BY THE PROGRAM AUTHORITY. TRAPPED SEDIMENT AND THE DISTURBED SOIL AREAS RESULTING FROM THE DISPOSITION OF TEMPORARY MEASURES SHALL BE PERMANENTLY STABILIZED TO PREVENT FURTHER EROSION AND SEDIMENTATION. (19) STORMWATER MANAGEMENT. PROPERTIES AND WATERWAYS DOWNSTREAM FROM DEVELOPMENT SITES SHALL BE PROTECTED FROM SEDIMENT DEPOSITION, EROSION, AND DAMAGE DUE TO INCREASES IN VOLUME, VELOCITY, AND PEAK FLOW RATE OF STORMWATER RUNOFF FOR THE STATED FREQUENCY STORM OF 24-HOUR DURATION EROSION CONTROL SEQUENCE: 1. PRIOR TO COMMENCEMENT OF ANY ON-SITE LAND DISTURBING ACTIVITIES, AN ON-SITE PRE CONSTRUCTION MEETING WILL BE HELD SO THAT ALL AFFECTED PARTIES ARE AWARE OF THE CONSTRUCTION SEQUENCE. 2. PRIOR TO ANY CONSTRUCTION ACTIVITIES ON THE PROJECT REACH, THE CONSTRUCTION ENTRANCE, ACCESS ROADS, INITIAL STAGING AREAS AND ANY ASSOCIATED E&S CONTROL MEASURES WILL BE INSTALLED. 3. AFTER E&S CONTROL MEASURES ARE APPROVED BY THE INSPECTOR, PROPOSED GRADING AREAS MAY BEGIN CLEARING AND GRUBBING. 4. CHANNEL GRADING SHALL BE COMPLETED IN SEGMENTS WHICH WILL HAVE PUMP AROUND WHERE APPLICABLE AND BE STABILIZED PRIOR TO BEGINNING WORK ON DOWNSTREAM SEGMENTS. 5. EACH SEGMENT WILL BE BROUGHT TO FINAL GRADE AND STABILIZED PRIOR TO CONTINUING WORK IN THE DOWNSTREAM DIRECTION. WORK AREAS WILL BE STABILIZED DAILY TO ENSURE STABLE FLOW THROUGH THE CHANNEL IN THE EVENINGS. 6. AS FINAL GRADE IS ACHIEVED, STREAM BANKS AND OTHER DISTURBED AREAS WILL BE SEEDED AND MATTED IN ACCORDANCE WITH DETAILS. 7. UPON COMPLETION OF CONSTRUCTION AND APPROVAL FROM COUNTY INSPECTOR, ALL TEMPORARY E&S CONTROL MEASURES WILL BE CLEANED UP AND RECLAIMED. CONTRACTING Blueline Environmental bluelineenv.com 919.656.2554 dani@bluelineenv.com i C� O ro ro Lu U O z ro O Ln (uo +�-+ cn oC w U z� Lu ca c� G � U i z O_ w i PROJECT MANAGER: DJ DESIGNED BY: DJ DRAWN BY: ST PROJECT #: DATE: MARCH 22, 2017 SHEET: