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HomeMy WebLinkAbout20111108 Ver 1_FINAL Close Out Report_20170407SLIVER MOON NON -RIPARIAN WETLAND MITIGATION SITE CRAVEN COUNTY, NORTH CAROLINA DMS PROJECT ID: 95017 Contract # 003985 SAW -2012-00096 DWQ 401# 3689 IN THE NEUSE RIVER BASIN CATALOGING UNIT 03020202 CLOSEOUT REPORT: Non -Riparian Wetland Project Setting & Classifications Meeting XY Coordinates: 35.204817, -77.360605 (NAD 83/WGS 84) County Craven General Location Dover, NC Basin: Neuse Physiographic Region: Carolina Flatwoods Ecoregion: Middle Atlantic Coastal Plain USGS Hydro Unit: 03020202 NCDWQ Sub -basin: 03-04-08 Wetland Classification Non -Riparian Monitoring Year -2 12/2013 Project Performers 12/2014 Source Agency: NC DMS Provider: Restoration System, LLC. Designer: Restoration Systems, LLC with consulting by Axiom Environmental, Inc. Monitoring Firm Axiom Environmental, Inc. Plant remediation Carolina Silvics Approved for transfer to Stewardship Stewards Project Activities and Timeline Milestone Month -Year Project Instituted 6/2011 Permitted 3/2012 Construction Completed 3/2012 As -built survey 6/2012 Monitoring Year -1 12/2012 Replanting Encroachment 12/2012-1/2013 Monitoring Year -2 12/2013 Monitoring Year 3 12/2014 Replanting Encroachment 12/2014-1/2015 Monitoring Year 4 12/2015 Optional Planting* 3/2016 Monitoring Year 5 12/2016 Closeout Submission 4/2017 *Although not required to meet success criteria, RS added additional trees along the western boundary of the project in March of 2016 to address planted stem mortality due to wet conditions. Three hundred, 3 -gallon bald cypress trees were planted. Stems were added to vegetation plot 3 and 5. Planted species appear vigorous during Year 5 (2016) monitoring. These areas were visited by the IRT in April of 2016. Drone Video — December 1, 2016: https://www.youtube.com/watch?v=mSzGAZmbOR4&t=4s Prosect Setting and Background Summary The Site is located approximately 4 miles east of Dover in western Craven County (Figures 1 and 2) and within the Targeted Local Watershed 03020202080010 of the Neuse River Basin (8 -digit HUC 03020202). The Site encompasses approximately 17.1 acres of land currently used for row crop production. Within the Site, 17.1 acres of non -riparian hydric soils have been cleared and ditched. A total of 14 non -riparian wetland mitigation units (WMUs) are being offered. The Site is contained within one parcel owned by Mr. H.L. Mitchell. Located within an interstream flat north of Core Creek, which has been assigned a Best Usage Classification of C; NSW, Sw and is considered biologically impaired. Adjacent to the rim of a Carolina bay the Site has been cleared of native forest vegetation, ditched to remove groundwater hydrology, and was formerly utilized for row crop production. Based on preliminary analyses, the primary goals of this non -riparian wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat and will be accomplished by the following: 1. Remove nonpoint sources of pollution associated with vegetation maintenance including a) the cessation of broadcasting fertilizer, pesticides, and other agricultural chemicals into and adjacent to Site drainage ditches and b) providing a vegetated wetland to aid in the treatment of runoff. 2. Restore wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate the Site's natural range of variation. 3. Promote floodwater attenuation by filling ditches and enhancing groundwater storage capacity. 4. Restore and reestablish natural community structure, habitat diversity, and functional continuity. 5. Enhance and protect the Site's full potential of wetland functions and values in perpetuity Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Goals and Objectives: The EEP develops River Basin Restoration Priorities (RBRP) to guide its restoration activities within each of the state's 54 cataloging units. RBRPs delineate specific watershed that exhibit both the need and opportunity for wetland, stream and riparian buffer restoration. These watersheds are called Targeted Local watersheds (TLWs) and receive priority for EEP planning and restoration project funds. The 2002 Neuse River Basin RBRP identified 03020202080010 as a Targeted Local Watershed (Online: http://www.nceep.net/services/restplans/FINAL%20RBRP%2ONeuse%2020110523.pdf). The Watershed is characterized by 67.3% Forest / Wetland (Final Neuse River Basinwide Water Quality Plan, 2009). Located within an interstream flat north of Core Creek, Stream Index Number 27-90, has been assigned a Best Usage Classification of C; NSW, Sw (NCDWQ 2010a) . According to the Final Neuse River Basinwide Water Quality Plan (NCDWQ 2009), the upper portion of Core Creek watershed has a severe bioclassification due to biological impairment. The periodic toxic inputs from agricultural activities, inadequate macro -invertebrate habitat due to channelization and lack for hydrologic flow are listed as the mostly likely stressors to the Core Creek system. The Sliver Moon Non -Riparian Wetland Mitigation Project was identified as a non - riparian wetland opportunity to improve water quality, flood attenuation and non -riparian habitat within the TLW. Project Objectives Project goals include the following: Improving Water Quality o Removing non -point sources of pollution associated with agricultural activities, including a) eliminating the application of fertilizer, pesticides, and other agricultural materials into ditches that flow to adjacent streams and wetlands and b) providing a vegetated wetland to aid in the treatment of pollutants such as sediment and/or agricultural pollutants from the adjacent landscape. o Reducing sedimentation onsite and in adjacent ditches by a) reducing ditch erosion associated with tillage and b) planting a diverse woody vegetative to reduce runoff. • Enhancing Flood Attenuation o Promoting floodwater attenuation by a) removing ditches to reduce the amount of runoff that occurs during high precipitation; b) restoring wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate the Site's natural range of variation; c) restoring non -riparian wetlands, resulting in increased storage capacity during precipitation events within the Site; d) revegetating the Site to reduce sheet flow off the Site. • Restoring Non -riparian Habitat o Restore and reestablish natural community structure, habitat diversity, and functional continuity. • Enhance and protect the Site's full potential of wetland functions and values in perpetuity. Project objectives include the following: • Providing 14 non -riparian WMUs, as calculated in accordance with the requirements stipulated in RFP #16- 003571. This will be accomplished by restoring 14 acres of non -riparian wetland by eliminating row crop production, filling agricultural ditches, restoring historic water table elevations, redirecting ditches located near the Site to avoid possible draw -down, and planting the Site with native non -riparian forest vegetation. • Protecting the Site in perpetuity with a conservation easement. Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Success Criterion: Success Criteria Measured Parameter Criteria Met Hydrology Success Criteria Saturation or inundation for 7.5 percent of Yes Wetland Offset the growing season RE R RE An average density of 320 stems per acre Totals of living, planted stems must be surviving Vegetation Success Criteria in the first three monitoring years. Yes Project Subsequently, 260 living, planted stems per acre must be surviving in year 5. Asset Table: Table 1. Project Components and Mitigation Credits Sliver Moon Non -Riparian Wetland Mitigation Site, Craven County, DMS Project ID: 95017 Mitigation Credits Non- Nitrogen Phosphorous Riparian Stream riparian Nutrient Buffer Nutrient Offset Wetland Wetland Offset Type R RE R RE R Totals 14 kME Project Components Project Restoration Component Existing Approach —or Restoration Stationing/Locati Footage or -or-Reach Footage/Acres (PI,PII Restoration Mitigation Ratio ID on ge etc.) Equivalent Acreage Non - riparian NA 17.01 NA Restoration 14 1:1 restoration Component Summation Non - Restoration Stream Riparian riparian Buffer Wetland Wetland (square Upland (acres) Level (linear feet) (acres) (acres) feet) Non - Riveri Rived ne ne Restoration 0 0 0 14 0 0 Enhancement 0 0 0 0 0 Enhancement 0 1 Enhancement 11 0 Creation 0 0 0 Preservation 0 0 0 0 0 High Quality 0 0 00 0 Preservation Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 rP.,70-4AT70',: sl'S—Fp-tc LII: Topographic Map: Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 F- - N ..� r I =° - �� - backgmure hii @gory f;mrce; Cave Clty enc Diver, NC 7 5-minuta woograLw Q ,drwlot; jxNidoo Lagand by the OF Red SWes Cec lr_l Sun -ay. I `= -4 Easoni€,ncf'srca = 17 a,rr'c [ 750 1,500 3,UOU 4,50[} a'UOU` 7,500 ?,UOU i CLQ Streams Forel N?CHQT Road Pei fi- Y Vfnpp.ml Mr: larnJe!•e_i: I me: I]rmr tv5' MlJ( 17 - -; SLIVERMOON 54 I, F I GU E ., •I I �I I x F'Grm ' SITE TOPOGRAPHY sm1e: 7:_5000 ; f 1 rnFm [, lyd N[; - +�f Project Na: 0�0a2.9q v Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 backgmure hii @gory f;mrce; Cave Clty enc Diver, NC 7 5-minuta woograLw Q ,drwlot; jxNidoo Lagand by the OF Red SWes Cec lr_l Sun -ay. I `= -4 Easoni€,ncf'srca = 17 a,rr'c [ 750 1,500 3,UOU 4,50[} a'UOU` 7,500 ?,UOU i CLQ Streams Forel N?CHQT Road Vfnpp.ml Mr: larnJe!•e_i: I me: I]rmr tv5' MlJ( - -; SLIVERMOON Irnir.: !1?I1�:'"1 F I GU E ., RESTORATION USGS ' SITE TOPOGRAPHY sm1e: 7:_5000 1 rnFm [, lyd N[; Project Na: 0�0a2.9q v Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Soils Map: Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Remediation Map: Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 I. f iMonitoring Weti. 07 Wei I S Vegat G. s. Vegetation VagatEitiorp plot 06 ypw in Mairiftorinji Jam} r 5.• f Vegetation 119 02 Vegetatior, Well #2 Plot 94 t t I {� plot. 11 Vegetation plot 0-3 Man1toring Not 0, Vic1l 14 r .. Legend Conservetim La,.emi;n1 Wetland Restoration = 14ac � Water Swale 'Tlf� =eferunce �.-jstiun wrN t+- �Surface n.:ad sat the end r.f the 01: mon tri -i -J =spa=nn with Vegptation t41QnitQeinq r, .• f -:.accurate GFS • . reL,.lo, as new, more AL i roun ti lator Gouo - �_ _ t I �catl r. trap �_, n 4:zhL t L). ,.•u I n' _ I i I I' I i Iring 2316 =sFlarltirtc Aru+ _ _ :.In: . _ ... f ', I:. 14;kt _u.. n x i114?erlantinc,Area 0• 1-5 150 300 450 S00 :11? eFInn tinc Arran — Feei FIGURE XmiamEnwro manrll 216 Snow A" A- CURRENTCONDITIONS PLAN VIB'd SLIVER MOON V�ETLAND RESTORATION SITE 2 tine aalelglr,wca76oa raven County. North Carolina LLA.xmEm,,wAux hx. I I Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Hydrology Data: Wetland Gauge Data Gauges 4 & 5 were placed outside of the areas generating WMUs Purposely Left Blank Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Success Criteria Achieved/Max Consecutive Days During Growing Season (Percentage) Gauge Year 1 (2012)* Year 2 (2013)** Year 3 (2014) Year 4 (2015) Year 5 (2016) March 18 Growing February 7 Growing March 18 Growing March 18 Growing March 18 Growing Season Start Season Start Season Start Season Start Season Start Yes/25 days Yes/43 days Yes/51 Days Yes/19 Days Yes/28 Days 1 (10.3 percent) (15.3 percent) (21 percent) (7.8 percent) (11.6 percent) Yes/117 days Yes/96 days Yes/127 Days Yes/59 Days Yes/106 Days 2 (48.3 percent) (34.2 percent) (52 percent) (24 percent) (43.8 percent) Yes/117 days Yes/95 days Yes/ 56 Days Yes/76 Days Yes/106 Days 3 (48.3 percent) (33.8 percent) (23 percent) 31percent) 43.8percent) 4* No/13 days Yes/29 days Yes/20 Days Yes/18 Days Yes/28 Days (5.4 percent) (10.3 percent) (8.3 percent) (7.5 percent) (11.6 percent) 5* Yes/76 days Yes/92 days Yes/54 Days Yes/72 Days Yes/86 Days (31.4 percent) (32.7 percent) (22 percent) (29 percent) (35.5 percent) Yes/24 days Yes/43 days Yes/28 Days Yes/42 Days Yes/29 Days 6 (9.9 percent) (15.3 percent) (11.6 percent) (17 percent) (12 percent) Yes/40 Days Yes/93 days Yes/53 Days Yes/46 Days Yes/71 Days 7 (16.5 percent) (33.1 percent) (22 percent) (19 percent) (29.3 percent) Yes/97 days Yes/93 days Yes/55 Days Yes/45 Days Yes/74 Days 8 (40.1 percent) (33.1 percent) (23 percent) (18 percent) (30.6 percent) Yes/42 days Yes/67 days Yes/57 Days Yes/56 Days Yes/242 Days 9 (17.4 percent) (23.8 percent) (24 percent) 23percent) 100percent) Yes/102 days Yes/91 days Yes/ 57 Days Yes/47 Days Yes/106 Days Ref (42.1 percent) (32.4 percent) (24 percent) (19 percent) (43.8 percent) Gauges 4 & 5 were placed outside of the areas generating WMUs Purposely Left Blank Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Vegetation Data: Success criteria are dependent upon the density and growth of living, planted stems throughout the planted areas of the Site, all of which is characterized as Non-riverine Wet Hardwood Flat (Schafale and Weakley 1990). The presence of desirable volunteer species will be considered by the United States Army Corps of Engineers (USACE) and Interagency Review Team (IRT) in making a determination whether the Site has successfully met the stated goals and objectives. An average density of 320 stems per acre of living, planted stems must be surviving in the first three monitoring years. Subsequently, 260 living, planted stems -per -acre must be surviving in Year 5. -There were two incidents of encroachments that consisted of the tenant farmers mowing into the replanted vegetation in 2012 and 2014. The tenants were informed of reported easement boundaries and no further issues have occurred following the replanting of the affected areas. The 2016 replant was not due to encroachment, but rather due to site conditions and ensuring species diversity. Planted Tree Species Area: 17.1 acres planted Vegetation Association: A nonriverine wet hardwood forest Canopy Species Understory Species Black Gum (Nyssa sylvatica) Plot Cherry Bark Oak (Quercus pagoda) Planted Stems/Acre Counting Towards Success Criteria Laurel Oak (Quercus laurifolia) Wax Myrtle (Morella cerifera) Year 1 (2012) Year 2 (2013) Year 3 (2014) Year 4 (2015) Willow Oak (Quercus phellos) Year 5 (2016) 1 688 607 526 486 486 2 648 648 647 607 567 3 486 364 364 364 607 4 567 526 364 324 324 5 324 162 202 121 202 6 567 486 324 324 324 7 607 688 769 769 769 8 405 364 404 324 324 9 486 445 364 283 283 10 607 607 607 526 607 11 567 567 526 567 526 12 648 728 728 728 728 13 769 769 688 688 688 14 648 688 647 607 647 Average of All Plots (1-14) 572 546 511 480 506 Planted Tree Species Area: 17.1 acres planted Vegetation Association: A nonriverine wet hardwood forest Canopy Species Understory Species Black Gum (Nyssa sylvatica) Swamp Red Bay (Persea palustris) Cherry Bark Oak (Quercus pagoda) Sweet bay Magnolia (Magnolia virginiana) Laurel Oak (Quercus laurifolia) Wax Myrtle (Morella cerifera) Swamp Chestnut Oak (Quercus michauxii) - Yellow poplar (Liriodendron tulipifera) - Willow Oak (Quercus phellos) - Water Oak (Quercus nigra) - Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 DMS Recommendation and Conclusion Restoration System has meet and exceeded vegetation and hydrology criteria for the past five years throughout the easement. Encroachment issues with tenants of the bordering agricultural fields have been addressed and no evidence of encroachment has occurred since areas were more distinctly marked and replanted during the winter of 2014/2015. Because these issues have been resolved we believe the project site should be closed -out with the 14 WMU assets outlined in the above table approved. Contingencies NONE Purposely Left Blank Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Pre -Construction Photos 2010/2011: Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Post Construction / Planting Photos: 2012 Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Year 5: 2016 Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Year 6: 2017 Sliver Moon Non -riparian Wetland Mitigation Site Close-out Report March 2017 Appendix A: Property Ownership Information & Verification of Protection Mechanism The site protection instrument for this mitigation project includes the following document(s), available at the specified County Register of Deeds office, and is linked to the property portfolio at: http://ncdenr.s3.amazonaws.com/s3fs-public/Mitigation Services/Document Management Library/Property/Property Portfolio/95017 SliverMoonNon-RiparianWetlandMitiRationSite PD 2012.pdf Total project conservation acres 17.08 Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. Recordation Project Name County Grantor Name Property Rights Info Sliver Moon Non -Riparian Wetland Mitigation Craven Restoration Systems, DB 3065, P 305 Conservation Site LLC Easement Long-term stewardship of this property is managed by the NC DEQ Stewardship Program. Appendix B: Permits & Jurisdictional DeterminatiA4j* AA r" s�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary March 13, 2012 NCEEP Mr. Wyatt Brown 2728 Capital Blvd. Suite 1H 103 Raleigh, NC 27604 DWQ Express Project # 11-1108 Craven County Subject Property: Sliver Moon Wetland Mitigation Site Neuse River Basin, Core Creek (NEU 08, 27-90; NSW, C, Sw) Approval of 401 Water Quality Certification with Additional Conditions, Express Review Dear Mr. Brown: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.21 acres of 404 wetlands for the purpose of conversion agriculture field into 14 acre wetland mitigation site as described within your application dated February 16, 2012 and received by the N.C. Division of Water Quality (DWQ) on March 12, 2012. After reviewing your application, the proposed impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689). The Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions list rlti911 IF- Atc, .� D The Additional Conditions of the Certification are: MAR 1 9 2012 North Carolina Division of Water Quality Internet: www riewaterquality org E"CEMENT PROGRAM 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NahIM4 Appendix B: Permits & Jurisdictional Determinations 1. Impacts Approved Page 2 of 4 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design 111anual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the Xorth Carolina Surface ?Dining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive IT atersheds (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Amount Approved (Units) Plan Location or Reference Stream (feet) 404/CAMA Wetlands 0.21 (acres) fill Figure C:Mitigation Plan Waters (acres) Buffers (square ft.) 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design 111anual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the Xorth Carolina Surface ?Dining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive IT atersheds (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Appendix B: Permits & Jurisdictional Determinations Page 3 of 4 Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699- 1650. 8. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 9. Monitoring of Project Monitoring requirements are to be conducted in accordance to Mitigation Plan (Final Draft) dated December 2011 and submitted to this Office for review on March 12, 2012. On pages Appendix B: Permits & Jurisdictional Determinations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW -2012-00096 County: Craven USGS Quad: Cove City GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Owner/Applicant: North Carolina Ecosystem Enhancement Program Attn: Mr. Wyatt Brown Address: 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone No.: (919) 715-1616 Authorized Agent: Restoration Systems, LLC Attn: Mr. Worth Creech Address: 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Telephone No.: (919) 755-9490 Size and location of property (waterbody, road name/number, town, etc.): The project (Sliver Moon Wetland Restoration Site) is located west of Daisy Lane, 0.5 mile north of Old US Hwy 70, in Craven County, NC. Site Coordinates: 35.2048 °N -77.3606 °W Waterway: Core Creek River Basin: Neuse Description of project area and activity: This permit authorizes excavation, mechanized land clearing, and the placement of fill material associated with the construction of Sliver Moon Wetland Restoration Project. Authorized impacts to waters of the U.S. are identified on the table on page 2 of this authorization. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 27 SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated February 16, 2012. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. • This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. • 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 Todd Tugwell at telephone (919) 846-2564. Digitally signed by TUGWELL.TODD.JASON.1048429293 Corps Regulatory Official: Date: 2012.02.27 09:14:16 -05'00' Date: February 27, 2012 Expiration Date of Nationwide Permit Verification: March 18, 2012 Page 1 of 3 Appendix B: Permits & Jurisdictional Determinations Summary of Authorized Im acts and Re uired Miti ation Oen Water (ac) Wetland (ac) Unim ortant Steam (If) ; Important Stream (If) NWP / GP # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 27 0 0 0.21 1 0 0 0 0 0 I i Impact Totals 0 0 0.21 0 0 0 0 0 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 0 Re uired Wetland Mitigation (ac) 1 0 Required Stream Mitigation (if) 0 Additional Remarks and/or Special Permit Conditions: The following special conditions apply: 1. This Nationwide Permit verification does not imply approval of the suitability of this property for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during the permit review process for that project. Copy Furnished: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://re ug latory.usacesurvey.com/ to complete the survey online. Page 2 of 3 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 the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determination: Wetlands within this project abut and drain directly to Core Creek, a Relatively Permanent Water, which in turn drains to the Neuse River, a Traditionally Navigable Waterway. E. Attention USDA Program Participants: This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above): This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 by . it is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. �---, � Digitally signed by TUGWELL.TODD.JASON.1048429293 Corps Regulatory Official: Date: 2012.02.27 09:13:58 -05'00' Date: February 27, 2012 Expiration Date of Jurisdictional Determination: February 27, 2017 Page 3 of 3 Appendix B: Permits & Jurisdictional Determinations WILMINGTON DISTRICT POST -CONSTRUCTION COMPLIANCE FORM Action ID Number: SAW -2012-00096 County: Craven Permittee: North Carolina Ecosystem Enhancement Program Attn: Mr. Wyatt Brown Date Permit Issued: February 27, 2012 Project Manager: Todd Tugwell Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address of the Regulatory Field Office indicated below: ❑ Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 ❑ Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Z Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 ❑ Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a 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 condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Appendix B: Permits & Jurisdictional Determinations Page 4 of 4 20 through 21, Monitoring Requirements, annual monitoring data is to be reported using EEP monitoring template. Upon close out of the Sliver Moon wetland Mitigation site the long term stewardship of the site is to be transferred to EEP and they shall be responsible for periodic inspections of site. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or LAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act 15A NCAC 02H..0500. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-807-6364 Enclosures: Certificate of Completion GC 3689 cc: Worth Creech, Restoration Systems, LLC Corps of Engineers Washington Regulatory Field Office DWQ 401 Oversight/Express Unit DLR. WaRO File copy Filename: 11-1108 Mitigation Project Sliver Moon DMS ID 95017 River Basin NEUSE Cataloging Unit 03020202 Applied Credit Ratios: 1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 10:1 Information from DMS Debit Ledger dated 03/21/2017 = 4 c d d o - o - = o d E ° _°- 0 _ o - '_ E � > g m o ° - E v . E W-0 oo E 00 m Z N N N d U L d L = L C LU `I E W W £ a E m Of_ = m = LU c d m� = N a W A = N t6 N Gr y L N N N N 7 m d m N N UI _ o. o Z Z = O = O m O N o U w m 'r' N E w d E Z Z U U 0 fn N Beginning Balance (feet and acres) 14.00 Beginning Balance (mitigation credits) NCDOT Pre -DMS Debits (feet and acres): Not Applicable DMS Debits feet and acres): DWR Permit No USACE Action IDs Impact Project Name Seymour Johnson Repair 2008-0987 2008-01885 Drainage on East End Runway 5.60 Seymour Johnson Repair 2008-0987 2008-01885 Drainage on East End Runway 11 1.40 Seymour Johnson Repair 2008-0987 2008-01885 Drainage on East End Runway 2.10 Seymour Johnson Repair 2008-0987 2008-01885 Drainage on East End Runway 0.70 Remaining Balance (feet / acres / square feet) 4.20 Remaining Balance (mitigation credits) 4.20 Information from DMS Debit Ledger dated 03/21/2017