HomeMy WebLinkAbout20080900 Ver 1 - Meadowbranch_92351_COReport_2017 - 4/7/2017MEADOWBRANCH SWAMP WETLAND RESTORATION DMS ID 92351
USACE ACTION ID#: SAW2007-0400-078
CLOSEOUT REPORT: Wetland Restoration, Enhancement, Preservation
Project Setting & Classifications
Meeting XY Coordinates: 34.63524 -79.02865
County
Robeson
General Location
Lumberton
River Basin:
Lumber
Physiographic Region:
Inner Coastal Plain
Ecoregion:
Southeastern Floodplains
and Low Terrace
USGS Hydro Unit:
03040203 080010
NCDWR Sub -basin:
03-07-51
Wetland Classification
Riparian
Thermal Regime:
N/A
Trout Water:
N/A
Project Performers
Sep 2014
Source Agency:
NCDMS
Provider:
NCDMS
Designer:
Eco Engineering
Monitoring Firm
URS/AECOM
Channel Remediation
N/A
Plant Remediation
N/A
Approved for transfer to
Stewardship
Yes
Stewards
NC DEQ Stewardship
Program
Project Activities and Timeline
Milestone
Month -Year
Project Instituted
2006
Permitted
2010
Construction Completed
Feb 2011
As -built Survey
Oct 2011
Monitoring Year -1
Nov 2012
Monitoring Year -2
Sep 2013
Invasive Plant Control
Dec 2013 -Jan
2014
Invasive Plant Control
May 2014
Monitoring Year 3
Sep 2014
Invasive Plant Control
Dec 2014
Invasive Plant Control
May and Oct
2015
Monitoring Year 4
Nov 2015
Monitoring Year 5
Nov 2016
Closeout Submission
March 2017
Proiect Setting and Background Summary
The project site is situated approximately one-half mile west-northwest of Lumberton, in Robeson County,
North Carolina. The site consists of a wooded parcel owned by the Lumber River Conservancy which
encompasses approximately 55.4 acres. The site is located along Carthage Road which bounds the site to the
south. Located immediately adjacent to the west of the site is a channelized water feature known as
Meadowbranch Swamp Canal. An access road, maintained by the City of Lumberton, is immediately adjacent
to Meadowbranch Swamp Canal and extends north from Carthage Road to NC 211. Prior to restoration, a
former logging road was located within the interior of the site which began approximately 100 feet from
Meadowbranch Swamp Canal. The former logging road began at Carthage Road and extended north, roughly
paralleling Meadowbranch Swamp Canal for a distance of approximately 2,000 feet. Along the eastern edge of
the former logging road was a ditch feature.
The project site was timbered in the mid-1990s and at the time of restoration was almost entirely forested,
primarily with young hardwoods and some areas of young pine. There are a few small areas near the access
road along Meadowbranch Swamp that still have stands of relatively older growth bald cypress (Taxodium
distichum) and would be designated as Cypress -Gum Swamp (Schafale and Weakley, 1990). Other larger areas
have some young bald cypress, but are more dominated by red maple (Acer rubrum) and river birch (Betula
nigra). Aside from the few areas of Cypress -Gum Swamp on the site, the remainder of the area was described
as a disturbed site undergoing succession to a Coastal Plain Bottomland Hardwood forest (based on reference
wetland conditions.
Restoration and enhancement activities on the site consisted of removal of the former logging road and minor
earthwork to modify the City's access road along the canal. The modifications consisted of creating breaks or
low areas in the access road to hydrologically reconnect the site by allowing overbank flooding onto the site.
Soil excavated to create the logging road was returned to its original location, allowing floodwaters to be evenly
distributed across the site. Areas disturbed by the restoration efforts were planted with oaks, bald cypress, and
river birch.
Portions of the site contained large concentrations of Chinese privet (Ligustrum sinense). During restoration
work, the privet was cut and removed and the stumps treated. Following removal and treatment the areas were
replanted with native vegetation. During the five year monitoring period, additional treatment of these areas
occurred in December 2013, May 2014, December 2014, May 2015, and October 2015. In spite of these
additional treatments, privet continues to be a dominant component of the understory in a few areas of the
project.
Functional uplift of the wetlands included an increase in flood storage, nutrient reductions and water quality
improvements, and enhancement of wildlife habitat.
Goals and Obiectives
The goal of this project was to restore, enhance, and preserve the project area. The project created low areas
across an access road adjacent to the Meadowbranch Canal based on flood elevations, removed a former
logging road, and planted native wetland vegetation in select areas. According to the Restoration Plan the intent
of this project was to return the site to a more natural hydrologic state to accomplish the following objectives:
• Store and treat runoff from 1.8 square miles of developed land. Nearly half the land area of Lumberton
drains to the project site.
• Allow for retention and treatment of sediment, nutrients, and toxins to improve water quality of the
Lumber River, an impaired stream located approximately six miles downstream of the project site.
• Support the goals outlined in the 2003 Lumber River Basinwide Water Quality Plan by implementing a
project within a watershed that has been identified by the NC Wetlands Restoration Program (NCWRP)
as having the greatest need.
• Assist in the improvement of water quality; the Basinwide Water Quality Plan indicates 406 miles of
waters within Subbasin 03-07-51 are impaired.
• Provide a more natural flood regime and flood storage for waters in Meadowbranch Swamp.
• Connect to surrounding wetland areas and enhance the wildlife habitat present in the wetland.
Success Criterion
Success Criteria
Measured Parameter
Criteria Met
Ve et,� ation
Acreage
Mitigation
Vegetation will be monitored
Vegetation density in 3 vegetation
Yes — All 3 vegetation plots meet the
on an annual basis to
plots 5 x 20 in in size
vegetative success criteria with a
determine survival. Final
Units
project average of 486 stems per
planted stem count will be 260
acre.
stems per acre at the end of 5
years.
2'88
R1
Wetland
2'88
1:1
Groundwater levels must be at
Hydrology measured in 12
Yes — All working monitoring wells
or above 12 inches of the
groundwater gauges and in reference
met this criterion during MY5.
ground surface for 10% of the
wetland
of Wetlands
growing season (April 1 to
Connections from Berm Cuts
Oct 31), or 21 consecutive
days.
37.32
E
Hydrology
39.5
2:1
Flood waters shall reach the
Evaluation of onsite data logger on
Yes — Met in 2013, 2014, and 2016.
improved road crossings
Meadowbranch Canal
Criteria was not met in 2012 and
(elevation 114 ft.) a minimum
2015. 2012 had lower than average
of three times per year (during
rainfall. 2015 had above average
years of average rainfall).
rainfall, but only two flood events
Preservation
8.33
were recorded.
Asset Table
Project
Existing
Restoration
Approach
Acreage
Mitigation
Mitigation
Component
Acres
Level
Ratio
Units
Former
Grading of Road Removal of
Logging Road
2'88
R1
Ditch Feature, & Replanting
2'88
1:1
2.88
Enhancement
Improved Hydrologic
of Wetlands
Connections from Berm Cuts
(Hydrological)
37.32
E
& Road Crossings, Privet
39.5
2:1
18.66
Removal and treatment,
Replanting
Preservation
8.33
P
Preservation of Existing
1.22
10:1
0.83
(Wetlands)
Wetlands
RI = Restoration; E = Enhancement; P = Preservation
3
Restoration
Stream
Riparian Wetland (Ac)
Non -Riparian
Upland
Buffer
BMP
Level
(1f)
(Ac)
(Ac)
(Ac)
Riverine Non-Riverine
2.88
Restoration
Enhancement
(Hydrological)
37.32
Preservation
(Wetlands)
8.33
48.53
Totals (Acres)
0
48.53
0
0
0
0
NW Totals
0
22.37
0
0
0
0
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Remediation Map
0
Hydrology Data: Verification of Flood Events
Date of Data
Date of Occurrence
Method
Collection
Year
of Flood
11/16/12
Unknown
Site photographs (wrack lines)
7/2/13
7/2/13
Site photographs (canal over bankfull, overtopping banks; logging
road submerged)
8/30/13
Unknown
Site photographs (flow patterns from canal into wetlands on back
inches
side of access road)
9/17/13
6/13/13 to 6/15/13; 7/11/13
On-site data logger (Ecotone water level gauge)
Y2 - 2013
to 7/15/13
49.73
9/17/13
Unknown
Site photographs (sediment within reference wetland indicating
45.17
-2.55
water above bankfull)
9/17/13
Unknown
Site photographs (sediment at berm cuts indicating water above
Y5 - 2016
1 4 1
bankfull)
9/27/13
Two between 9/16/12 and
Proximal USGS gauge resource (supports findings of on-site data
9/16/13
logger)
5/6/14
Unknown
Site photographs (evidence of overwash onto canal road)
9/25/14
1/13/14 to 1/15/14
On-site data logger (Ecotone water level gauge)
9/25/14
5/16/14
On-site data logger (Ecotone water level gauge)
9/25/14
Unknown
Site photographs (water marks and sediment within reference
wetland indicating water above bankfull)
10/3/14
One between 9/25/13 and
Proximal USGS gauge resource (supports findings of on-site data
9/25/14
logger)
1/15/16
2/27/15 and 11/9/15
On-site data logger (Ecotone water level gauge)
1/15/16
11/9/15 to 11/11/15
On-site data logger (Ecotone water level gauge)
1/15/16
12/24/15 to 1/8/16
On-site data logger (Ecotone water level gauge)
12/1/16
2/8/16 to 2/10/16
On-site data logger (Ecotone water level gauge)
12/1/16
2/15/16 to 2/27/16
On-site data logger (Ecotone water level gauge)
12/1/16
10/4/14 to 10/19/16
On-site data logger (Ecotone water level gauge)
Hydrology Data: Overbank flooding events at or above elevation 114'
Monitoring
Number
Annual
Deviation
Year
of Flood
Rainfall
from
Events
(Nov to
Average of
Oct)
47.72
inches
Y1 - 2012
1
42.73
-4.99
Y2 - 2013
4
49.73
2.01
Y3 - 2014
3
45.17
-2.55
Y4 - 2015
2
54.23
6.51
Y5 - 2016
1 4 1
65.26
1 17.54
10
Hydrology Data: Wetland Gauge Data
Meadowbranch Swamp Wetland Restoration
DMS Project Number 92351
Success Criteria Achieved/Max Consecutive Days During Growing Season
(Percentage)'
Gauge
20062
20072
20082
20092
20102
Year 0
Year 1
Year 2
Year 3
Year 4
Year 5
(2011)
(2012)
(2013)
(2014)
(2015)
(2016)
24
30
23
22
25
No/0
No/13
Yes/52
Yes/35
Yes/33
Yes/23
1
(11.2%)
(14.1%)
(10.8%)
(10.3%)
(11.7)
(0%)
(6.1%)
(24.4%)
(16.4%)
(15.5%)
(10.8%)
15
34
55
40
42
Yes/50
No/11
Yes/53
No/11
No/13
Yes/27
2
(7%)
(16.0%)
(25.8%)
(18.8%)
(19.7%)
(23.5%)
(5.2%)
(24.9%)
(5.2%)
(6.1%)
(12.7%)
24
116
No/0
Yes/75
Yes/132
Yes/73
Yes/83
Yes/77
3
N/A
N/A
N/A
(11.3%)
(54.4%)
(0%)
(35.2%)
(62.0%)
(34.3%)
(39.0%)
(36.2%)
14
29
24
20
22
No/8
No/0
Yes/50
No/6
No/7
N/A8
4
(6.6%)
(13.6%)
(11.3%)
(9.4%)
(10.3%)
(3.8%)
(0%)
(23.5%)
(2.8%)
(3.3%)
24
113
120
59
50
Yes/55
No/17
Yes/52
Yes/38
Yes/35
N/A9
5
(11.3%)
(53.1%)
(56.3%)
(27.7%)
(23.5%)
(25.8%)
(8%)
(24.4%)
(17.8%)
(16.4%)
63
23
87
120
113
64
Yes/73
No/13
Yes/53
Yes/36
Yes/33
Yes/28
(10.8%)
(40.8%)
(56.3%)
(53.1%)
(30%)
(34.3%)
(6.1%)
(24.9%)
(16.9%)
(15.5%)
(13.1%)
23
89
122
112
65
Yes/83
No/3
Yes/105
Yes/40
Yes/54
Yes/42
7
(10.8%)
(41.8%)
(57.3%)
(52.6%)
(30.5%)
(39%)
(1.4%)5
(49.3%)
(18.8%)
(25.4%)
(19.7%)
9
2
15
39
11
No/134
No/16
Yes/51
Yes/38
Yes/34
Yes/48
8
(4.2%)
(.09%)
(7.0%)
(18.3%)
(5.2%)
(6.1%)
(7.5%)
(23.9%)
(17.8%)
(16.0%)
(22.5%)
14
31
49
40
26
Yes/50
No/5
Yes/46
No/13
No/12
Yes/23
9
(6.6%)
(14.6%)
(23.0%)
(18.8%)
(12.2%)
(23.5%)
(2.3%)
(21.6%)
(6.1%)
(5.6%)
(10.8%)
10-
15
13
32
52
37
Yes/21
No/7
Yes/30
Yes/32
Yes/42
Yes/28
Ref'
(7.0%)
(6.1%)
(15.0%)
(24.4%)
(17.4%)
(9.9%)
(3.3%)
(14.1%)
(15.0%)
(19.7%)
(13.1%)
No/4
Yes/49
Yes/25
No/8
Yes/22
11
N/A
N/A
N/A
N/A
N/A
N/A
(1.9%)
(23.0%)
(11.7%)
(3.8%)7
(10.3%)
No/12
Yes/27
No/7
No/13
Yes/21
12
N/A
N/A
N/A
N/A
N/A
N/A
(5.6%)
(12.7%)
(3.3%)
(6.1%)
(10%)
No/15
Yes/126
No/19
Yes/52
Yes/41
13
N/A
N/A
N/A
N/A
N/A
N/A
(7%)
(59.2%)
(8.9%)6
24.4%
19.2%10
1 Growing season is 213 days (April 1- Oct 30). Ten percent of the growing season is equal to 21 days or more of consecutive readings above 12
inches. Gauges meeting wetland success criteria are highlighted in blue. Those not meeting wetland success criteria are highlighted in red.
2 Pre -construction data.
3 Gauges 6 and 10 both protrude from the ground. The elevations have been adjusted to compensate for the distance between the calibration level
and the ground surface. Gauge 6 is 5 inches above the ground, and gauge 10 is 6 inches above the ground.
4 Gauge 8, Year 0 (2011) - The data from this well may not accurately represent groundwater elevation. It appears as though the gauge may have
moved as the calibration point was significantly above the ground surface.
5 Gauge 7, Year 1 (2012) - Gauge 7 contained a large number of days with no readings and appears to be malfunctioning. Gauge 7 should be
replaced.
6 Gauge 13, Year 3 (2014) - Gauge malfunctioned during winter and early part of growing season and no data was collected until May 7, 2014
7 Gauge 11, Year 4 (2015) - Gauge malfunctioned during winter and early part of growing season and no data was collected until June 16, 2015.
8 Gauge 4, Year 5 (2016) - Gauge malfunctioned during the October flood event (Hurricane Matthew) and data following the May 20, 2016 site
visit was lost.
9 Gauge 5, Year 5 (2016) - Water levels were recorded as being 100+ feet and the gauge was determined to be not working.
10 Gauge 13, Year 5 (2016) - Gauge was vandalized following May 20, 2016 site visit, however hydrologic criteria had been met earlier in the
growing season.
Wetland hydrologic criteria was met in all gauges in 2013 and 2016. The first year of monitoring (2012) had
lower than average rainfall (4.99 inches) and wetland hydrologic criteria was met in only one groundwater
gauge (GG 3). Wetland hydrologic criteria were also not met in the reference wetland in 2012. During 2014,
wetland hydrologic criteria was met in 7 of the 12 on-site gauges. One gauge (GG 13) malfunctioned during the
winter and early part of growing season, and no data was collected until May 7, 2014. Annual rainfall in 2014
was slightly lower than average (-2.55 inches), and January through March had lower than average
precipitation. During 2015, wetland hydrologic criteria was met in 7 of the 12 on-site gauges. Gauge 11
malfunctioned during the winter and early part of growing season, and no data was collected until June 16,
2015.
Gauges that had inconsistent results (GG 2, 4, 9, and 12) are all located in areas that were determined to be
Jurisdictional Wetlands in 2006. Gauges 1, 11, 12, and 13 are located in the restored roadbed. Gauge 1 met
wetland hydrologic criteria in all years. Gauges 11 and 13 met wetland hydrologic criteria 3 out of the 4 years
and each had one year where the gauge malfunctioned during the early portion of the growing season and no
data was collected. Gauge 12 only met wetland hydrologic criteria during the two years with extended periods
of flooding.
Hydrology Data: Historic Vs. Average Rainfall Graph
12
o
Date
Precipitation (in) -30th Percentile -
70th Percentile
12
Vegetation Data:
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DMS Recommendation and Conclusion
Wetlands at the Meadowbranch site have been restored and enhanced. Ecological values provided by these
wetlands include flood storage and wildlife habitat.
Cuts in the roadbed and berm adjacent to Meadowbranch Canal appears to have restored the hydrologic
connection between the canal and the adjacent wetlands. Overbank flooding now extends back into the
wetlands. Multiple events have been documented where Meadowbranch Canal has reached an elevation of at
least 114' (over the roadway and berm cuts), allowing access to the adjacent wetlands.
Vegetation within the three vegetation plots met the planted stems density criteria. Additionally, there has been
significant recruitment of volunteers, primarily river birch, within the old restored road bed. Remaining
portions of the site contain stands of red maple and bald cypress.
Removal and control of privet at the site has not been entirely successful. The two largest stands of existing
privet are located at the north end of the site and in an approximate 1.4 acre patch on the east edge of the
property. These areas are where privet was removed, stumps treated and native stems were planted during
construction. A perimeter of these areas was delineated and treated with herbicide a total of five times between
2013 and 2015 in an effort to prevent the privet from extending further into the site. This effort has been
relatively successful, but due to the prevalence of the privet, these two areas have been removed from
consideration as enhancement credits (2:1) and are now considered preservation at a reduced ratio (10:1). A
total of 7.46 acres (2.98 WMUs) was affected by this change. Privet does occur along the upland canal road
which has not been mowed or cleared by the City of Lumberton in the past 5 years. The canal road is not
included in the credit calculations.
It is recommended by NCDMS that the site be closed with 22.37 WMUs.
E
Pre & Post Construction Photos:
Canal and canal road along northwest edge of site (2006)
May 2016
Logging road along center of site (2006)
May 2016
Water backed up behind former logging road (2006) November 2016
Existing cypress swamp forest (2006)
Former logging road (May 2016)
Existing bottomland hardwoods near GG -6 (November 2016) Tree falls from hurricane Matthew (November 2017)
17
Appendix A: Watershed Planning Summary
The Meadowbranch riparian wetland restoration project is located in the Saddletree Swamp watershed, HUC
03040203080010, approximately 3,500 feet upstream of the Lumber River.
This portion of the Lumber River is impaired for fish consumption due to Mercury in the water column,
however it has an Excellent bioclassification due to benthos integrity according to the 2012 NC Division of
Water Resources Integrated Report.
The 2008 RBRP identified problems within the 8 -digit HUC as water quality and aquatic degradation issues
related to unbuffered stream segments, proximity to projected Department of Transportation impacts, lack of
buffer in agricultural areas and increased impervious surface. Restoration goals for this watershed include
replacing buffer, repairing channelized streams and preservation of existing resources. The proximity of the
Meadowbranch wetland restoration project provides filtration of nutrients and sediment that supports water
quality and aquatic habitat in Saddletree Swamp and downstream Lumber River.
Appendix B: Land Ownership and Protection
The site protection instrument forth is mitigation project includes the following document(s), available at the specified
County Register of Deeds office, and is linked to the property portfolio at;
http.//ncdenr.s3.amazonaws.com/s3fs-public/Mitigation Services/Document Management Library/Property/Property
Portfolio/92351_Meadowbranch{FivemileBranch}_PD_2011.pdf
Total project conservation acres 55.40
Project Name I County I Grantor Name I Deed Info II Property Rights
ber River ConservancyIDB 1641, P 591-597
Long-term stewardship of this property is managed by the NC DEQ Stewardship Program.
IN
nservation Easement
OAN
7-
4
Ailift
if 1:11M NL
em
P
*11
Site Name: Meadowbranch (Fivemile Branch)
County Name: Robeson
NC DEQ Mitigation Services Legend
— Roads I= IMS Roads ROW
Sewer ROW
Selected IMS Number: 92351 0 180 360 540 720 Feet"
Counties Created: 3/9/2017 1 1 1 1 1 1 A I
Appendix B: Permits &Jurisdictional Determinations ED
U.S. ARMY CORPS OF ENGINEERS REC'EIVEm
WILMINGTON DISTRICT Al ). '9 2008
i�C f COSYSTEM
Action ID. SAW 2007-0400-078 County: Robeson USGS Quad: NW Lumbe4 MWICEMENT PROGRAM
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: North Carolina Ecosystem Enhancement Program Attn: Lin Xu
Address: 1652 Mail Service Center
Raleigh, NC 27699
Telephone No.: 910-715-7571
Size and location of property (water body, road name/number, town, etc.): The proposed project site is
57 acres located aiacent to Saddletree (Meadowbranch) Swamp, on Carthage Road, approximately
one-half mile northwest of the town of Lumbertown, in Robeson County, North Carolina.
Description of projects area and activity: This verification authorizes activity associated with wetland
restoration, enhancement, and preservation. Impacts authorized by this verification total 0.7 acres
of fill material placed in jurisdictional wetlands in order to facilitate wetland restoration.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached conditions and lour submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject theen rmittee to a stop work order, a restoration order and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Liz Hair at 910-251-4469.
Corps Regulatory Official Liz Hair Date: JuIy 16, 2008
Expiration Date of Verification: July 16, 2010
Appendix B: Permits & Jurisdictional Determinations
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
hqp://www.saw.usace.qM.mil/WETLANDS/index.html to complete the survey online.
Appendix B: Permits & Jurisdictional Determinations
Special Conditions:
1. The permittee must notify our office when restoration construction is to start.
2. Authorization of this work in no way obligates the US Corps of Engineers to recognize this
project as a mitigation bank or as compensation for any past or future permitted impacts.
3. Our office does not recognize as valid any reference to mitigation "credits", or any other
issues associated with a mitigation bank or mitigation for any past or future permitted
impacts.
** Additionally, please be reminded that the permittee will be responsible for the maintenance of
this project after all work is completed. If, at any time, erosion occurs as the result of this project,
the permittee will be responsible, at our discretion, for the removal of the sediment
Appendix B: Permits & Jurisdictional Determinations
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the
permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Saddletree Swamp which flows into the Lumber River
and ultimately flows to the Atlantic Ocean through the Saddletree/Meadowbranch Swamp>Lumber River, a
navigable water of the U.S..
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Liz Hair, Project Manager
69 Darlington Avenue
Wilmington, NC 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
k"i'Ll-
Corps Regulatory Official: Liz Hair
Issue Date: July 16, 2008 Expiration Date: July 16, 2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Appendix B: Permits & Jurisdictional Determinations
Copy Furnished:
Lumber River Conservancy; Attn: Patricia Sellers, P.O. Box 1235, Pembroke, NC 28372
Appendix B: Permits & Jurisdictional Determinations
Permit Number: SAW 2007-0400-078
Permit Type: NW27
Name of County: Robeson
Name of Permittee: North Carolina Ecosystem Enhancement Program Attn: Lin Xu
Date of Issuance: July 16, 2008
Project Manager: Liz Hair
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-L
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
Appendix B: Permits & Jurisdictional Determinations
n - x
F v r
Applicant: North Carolina Ecosystem
File Number: SAW 2007-
Date: July 16, 2008
Enhancement Program Attn: Lin Xu
0400-078
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
E 4�O1' The fOIE C7i�iT{Cf t11a flLi1 r t aTI# fl t11elil a31ra 4 o
co dettor�at 1nfdtto road be found at h�vww mace arm my "k, or
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p:
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Appendix B: Permits & Jurisdictional Determinations
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is alreadv in the administrative record.
If you have questions regarding this decision and/or theI If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Liz Hair, Project Manager
USACE, Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4469
Mr. Michael F. Bell,
Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta. Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Liz Hair, Project Manager,
Wilmington Regulatory, 69 Darlington Avenue, Wilmington, NC 28403
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
Appendix C: Debit Ledger
Mitigation Project
Meadowbranch (Fivemile Branch)
DMS ID
92351
River Basin
LUMBER
Cataloging Unit
03040203
Applied Credit Ratios: 1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 10:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 30:1
Information from DMS Debit Ledger dated 03/21/2017
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Beginning Balance (feet / acres)
2.88
37.32
8.33
Beginning Balance (mitigation credits)
2.88
18.66
0.833
NCDOT Pre -DMS Debits (feet and acres): Not Applicable
DMS Debits (feet and acres):
DWR Permit No
USACE Action IDs
Impact Project Name
NCDOT TIP R -2502B - US 1
2007-1823
1998-01941-063
Widening
10.36
NCDOT TIP R-4900 - US 74 at
2009-1149
2009-01530
NC 242
14.52
NCDOT TIP B-3693 - Bridges
2009-1354
2010-00144-078
207, 210 & 211 on SR 1527
1.38
NCDOT TIP B-4273 - Bridge 47
2012-0535
2001-01367
on US 401
0.87
SR 1577 Improvements - Division
2012-01516
6
0.246
NCDOT TIP B-5127 - Bridge 4 on
2009-01965
NC 211
1
1 0.2901
0.58
NCDOT TIP B-4471 - Bridge 44
2011-1016
2011-01875
on NC 904
1.780
NCDOT TIP P-4900 - Rail -
2015-0068
2006-33096
Pembroke Connector
4.38
Statewide ILF Credit Purchase
0.800
3.94
Remaining Balance (feet / acres)
0.010
1.914
7.46
Remaining Balance (mitigation credits)
0.010
0.957
0.746
Information from DMS Debit Ledger dated 03/21/2017
Appendix C: Debit Ledger
Mitigation Project Meadowbranch (Fivemile Branch)
DMS ID 92351
River Basin LUMBER
Cataloging Unit 03040203
Comment: This ledger shows the debits for the amount of mitigation that the Statewide ILF Program purchased from the NCDOT ILF Program.
The beginning balance represents the amount purchased and not the total mitigation credits available on the site.
1.1 1.51 2.5:1 5:1 1:1 3:1 2:1 10:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1
Information from DMS Debit Ledger dated 03/17/2017
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Beginning Balance (feet / acres)
0.80
3.94
Beginning Balance (mitigation credits)
NCDOT Pre -DMS Debits (feet and acres):
DMS Debits (feet and acres):
DWR Permits USACE Action IN Impact Project Name
1998-0716 1996-03343 Bridge 16 over NC 71
0.80
1.50
Fairmont Wastewater
1999-0872 1998-01874 Treatment Plan
0.20
Fairmont Wastewater
1999-0872 1998-01874 Treatment Plan
0.20
2003-0385 2003-00278 Morgan Wood Subdivision
0.58
2007-0243 2006 41292 063 Carriage Park Phase Two
0.66
Mountaire Chicken Rail
2010-0766 2010-00248 Realignment
0.80
Remaining Balance (feet and acres)
0.000
0.00
Remaining Balance (mitigation credits)
0.000
0.00
Information from DMS Debit Ledger dated 03/17/2017