20081552 Ver 1_401 Application_20081008

Page 1 of 2
chris huysman
From: Amy Euliss [[e-mail]]
Sent: Monday, October 06, 2008 10:03 AM
To: chris huysman
Subject: Re: FW: Pride Homes / Five Springs SD / Wilkes County.
08-1552
'A I
Did you send this to the Raleigh office as well? Also you'll need to send Raleigh the fee along with the
permit application and the appropriate number of copies (I think its 6). The fee is required since this is
an after the fact application. I'll start reviewing the application, but the Raleigh office has to process the
application before I can issue the permit. Thanks.
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
On 9/29/2008 12:39 PM, chris huysman wrote:
Monte and Amy:
Attached is a digital copy of a submittal that was sent out today.
Please contact me with any questions that you may have.
Chris Huysman
Wetland and Natural Resource Consultants
3674 Pine Swamp Road
Sparta, NC 28675
Phone: 336 / 406-0906
Fax: 336 / 372-3455
OCT 2008
DENR - WA)-ER QUAL,1 y
WETLANDS AND STORMWAIER BRANC,y
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
Notice: This e-mail (including attachments) is covered by the
Electronic Communications Privacy Act, 18 U.S.C. A§A§ 2510-2521, is
confidential and may be legally privileged. If you are not the
intended recipient, you are hereby notified that any retention,
dissemination, distribution, or copying of this communication is
strictly prohibited. Please reply to the sender that you have
received the message in error, then delete it. Thank you.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
10/6/2008
WNI
Wetland and Natural Resource
Consultants, Inc.
September 25, 2008
Monte Mathews
USACE, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Ste 105
Wake Forest, NC 27587
RE: Pride Homes, Inc, Five Springs Subdivision
Wilkes County, NC
Monte:
Attached you will find documentation to resolve the un-authorized fill at the Five Springs Subdivision
with an After the Fact Permit.
Attached are:
1) DWQ Notice of Violation (NOV 2008-OP-0043) which specifies the impacts.
2) Agent Authorization.
3) PCN Form.
4) Impact Maps depicting the culverts locations (Map 1 of 3). The numeration is consistent with the
Erosion Control Plan; there are two impacts, one labeled Culvert 3 and the other Culvert 4 (Map 2 of 3).
The pipe removal location is also depicted (Map 3 of 3). Finally, Map 1 depicts the additional 15 acres
acquired by the applicant: access to the parcel is off of the cul de sac between lots 12 and 14.
5) USGS Location Map.
6) Soils Map.
7) Data forms.
8) Restoration Plan.
Please call with any questions.
r
Chris Huysman
336 / 406-0906
Cc: Amy Euliss.
Sparta Office
3674 Pine Swamp Road
Sparta, NC 28675
Sparta, Newton, and Canton, North Carolina
?Ot WAT?q
7r n
Q `C
August 22, 2008
CERTIFIED MAIL 7007 3020 0000 6279 7556
RETURN RECEIPT REQUESTED
Carolyn McDowell
PO Box 567
Wilkesboro, NC 28697
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Subject: NOTICE OF VIOLATION
NOV-2008-OP-0043
Failure to Obtain a 401 Water Quality Certification
Five Springs Property on west side of Cove Gap Road
Wilkes County
Dear Mrs. Carolyn McDowell:
In response to notification from the Division of Land Resources, Amy Euliss from the Winston-Salem
Regional Office of the Department of Environment and Natural Resources, Division of Water Quality
(DWQ) conducted a site inspection of the activities located at on the west side of Cove Gap Road, on
August 13, 2008. During the site visit, Ms. Euliss observed that the two perennial streams, including the
the South Yadkin River and an Unnamed Tributary to the South Yadkin River (WS-II, HQW, Yadkin
River Basin) had been piped. As a result of these observations, the Winston-Salem Regional Office
conducted a file review. Accordingly, the following violations were confirmed as a result of this review
and the site inspection:
Failure to Obtain a Section 401 Water Ouality Certification
The Winston-Salem Regional Office confirmed that installation of three pipes (approximately 320 linear
feet, Table 1) has occurred within a stream channel prior to the proper securing of a Section 404
Nationwide Permit from the U. S. Army Corps of Engineers. A Section 401 Water Quality Certification
is also required for the above-mentioned impacts pursuant to 15A NCAC 2H .0500. No Section 401
Water Quality Certification has been issued, nor are these activities covered by a General or Individual
Section 401 Water Quality Certification, therefore these activities occurred in violation of 15A NCAC 2H
.0500.
Table 1: Permanent stream impacts associated with piping to the South Yadkin River and an Unnamed
Tributary to the South Yadkin River in Wilkes County, NC. S e.e hLc_
Stream id Site identifier Piping (linear feet) Rip rap Of
UT 1 to South Yadkin River 40 10 Pg 4- o?- g
South Yadkin River 80 20
Preclusion of Best Usage 12,E oc g p ?, f ?
These impacts resulting from the placement of fill in waters and removal of the riparian area represent a
removal of best usage, which is a stream standard violation. Specifically, 15A NCAC 2B.0211 (2) states
rCaro
te
North Carolina Division of Water Quality 585 Waughtown Street Winston Salem, NC 27107 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
•CsMV McDowen
August 22, 2008
Page 2
that the preclusion of best usage, which includes aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture, represents a water quality standard violation.
Required Response and Corrective Action
The Division of Water Quality requires that the violations detailed above be abated immediately. These
violations, and any future violations, are subject to a civil penalty assessment of up to 525,000 per day for
each violation. The Division of Water Quality requests that you respond in writing within 15 days of
receiving this Notice. Please submit your written response to Sue Homewood, Division of Water Quality,
Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem, NC 27107. Your response
should address the following items:
1. Please explain why you did not secure authorization from the U. S. Army Corps of Engineers (404
Permit) and the Division of Water Quality, N. C. Department of Environment and Natural Resources,
(401 Water Quality Certification) for-this activity,
2. You must either secure an "after the fact" 404 permit from the US Army Corps of Engineers, and any
associated DWQ issued 401 certifications for all impacts to the stream,
OR
3. You must restore and stabilize the impacted stream. Prior to restoring the site, you must submit a
restoration plan to the Division of Water Quality for approval. Please indicate in your response a
proposed schedule explaining when the restoration activities will be accomplished. '
We ask that you give your immediate attention to this matter and that your response address all of the
items listed above. Please be advised that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality regarding these issues. These
violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day for
each violation. Your response to this correspondence will be considered in this process. u have
questions concerning this matter, or if this Office can be of assistance, please contac y Euliss, me
at [phone].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
cc: Monte Matthews, U. S. Anny Corps of Engineers, Raleigh Regulatory Field Office
Thomas Lawley, Pride Homes PO Box 2429 Denver, NC
DWQ Wetlands and Stormwater Branch, Compliance and Assistance Unit
DWQ Winston-Salem Regional Office
IQ
WN;t
Wetland and Natural Resource
Consultants, Inc.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
-and-

NC Division of Water Quality, Wetlands Unit
Attn: Cyndi._Karlv..--
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260
I%
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants to act on my behalf as my agent during the determination of regulated
limits of waters and wetlands and processing of permits to impact Wetlands and Waters of the
US that are regulated by the Clean Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by
Wetland and Natural Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants is authorized to provide supplemental information
needed for permit processing at the request of the Corps or DWQ.
Property Owner / Applicant: Tom Lawley
Contact Name:
Street Address / PO Box: PO Box 2429
City, State, Zip Code: Denver, NC 28037.
Phone / Fax Number: 704 / 489-98
Project Name: Five Springs Subdivision
Property Street Address: Cove Gap RD, Wilkes County
(street address, city, State, zip)
Owners / Applicant Signature:
Date:
Sparta Office
115 Atwood Street, Ste 408
Sparta, NC 28675
336 / 372-8135 Fax
Office Locations:
Canton, NC Newton, NC Sparta, NC
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8- 1 5 5 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
PAI .
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:27 & 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check he
II. Applicant Information
?.FOR
1. Owner/Applicant Information To K_ L_a_A J OCT 8
Name: See Attached Agent Authorization DENR - OVATE UUAL f ,
WETLANDS AND STORMWATER am ;*,J,
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: 3674 Pine Swamp Road
P.O. Box 1492
Sparta, NC 28675
Telephone Number: Fax Number: 336-372-3455
E-mail Address:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page 1 of 8
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any. size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Five Springs Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wilkes Nearest Town: Wilkesboro
Subdivision name (include phase/lot number):Five Springs Subdivision Phase I
Directions to site (include road numbers/names, landmarks, etc.):Traveling west on Hwy 421
take the Hwv 16 exit. Travel on Hwy 16 South about 6 miles. Turn left onto Davis Road.
Trun right onto Pores Knob road. Travel about 1.5 miles then turn right onto Cove Gap road.
The site will be on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.3398°N 81.1581°W
6. Property size (acres): 50.26
7. Name of nearest receiving body of water: UT South Yadkin River
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The surrounding area is wooded with few single family homes
in the area.
Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment will be used to remove 40' of existing pipe and restore the channel back to its pre-
construction condition.
Page 2 of 8
Explain the purpose of the proposed work: To restore a ***foot section of channel and
maintain two existing crossings to provide access to high ground.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. See attached cover letter.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: See attached cover letter.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodinQ_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Flood lain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A

Page 3 of 8
Total Wetland Impact (acres) N/A
2. List the total acreage (estimated) of all existing wetlands on the property:
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial Intermittent?
? Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
(acres)
Culvert 3 South Yadkin Piping Perennial 3 40' 0.003
Culvert 4 South Yadkin Piping Perennial T 40' 0.003
NOTE UT South Yadkin Restoration Perennial 3'

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

Total Open Water Impact (acres) N/A
5. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres):
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
-F
Page 4 of 8
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.By removing one of the
preveiously un-permitted pipes and restoring the stream to pre-construction conditions, the
applicants will have reduced imRacts from 120 feet to 80 feet. Two of the pipes will remain to
provide access to high ground.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 5 of 8
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.htmi.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Page 6 of 8
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I Impact Multiplier I Required
3 (2 for Catawba)
1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Page 7 of 8
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
•/i •
ApTlicant/Aleut's Sign ture Date
(Agent's signature is valid only i an authorization letter from the applicant is provided.)
Page 8 of 8
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Sl59? Natural Resources Web Soil Survey 2.0 9/11/2008
ii Conservation Service National Cooperative Soil Survey Page 3 of 3
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 1: 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:North Carolina County/parish/borough: Wilkes City: Wilkesboro
Center coordinates of site (lat/long in degree decimal format): Lat. > Long.
Universal Transverse Mercator:
Name of nearest waterbody: South Yadkin River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin River
Name of watershed or Hydrologic Unit Code (HUC): 03040101
Check if map/diagram of review area and/or potential jurisdictional areas islare 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):
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "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 Wwaters 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
M TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (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: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on:
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:
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 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).
Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section II1.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 Raponos 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) now, 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 waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:
Drainage area:
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through tributaries before entering TNW.
Project waters are M river miles from TNW.
Identify flow route to TNW':
Tributary stream order, if known:
Project waters are river miles from RFW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles ftom RPW.
Project waters cross or serve as state boundaries. Explain:
`Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' Flow route can he 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 Tribu]ary Characteristics (check all that apples
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:
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) Elm
Tributary provides for:
Estimate average number of flow events in review area/year-
Describe flow regime:
Other information on duration and volume:
Surface flow is: Characteristics:
Subsurface flow: ?. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(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: _ Explain:
Surface flow is: I` _
Characteristics:
Subsurface flow: . 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' river miles from TNW.
Project waters are aerial (straight) miles from TNW.
Flow is from:
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 an
All wetland(s) being considered in the cumulative analysis:
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 III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Non-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:
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:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 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.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED )INTERSTATE OR INTRA-STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
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:
BSee Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
1° 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 Ad Jurisdidion Following Rapanos.
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
'udgment (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:
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: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Pride Homes: Five Springs Subdivision
Stream Mitigation Plan
Wilkes County, North Carolina
September 5, 2008
Prepared by:
wm;t
Wetland and Natural Resource Consultants
3674 Pine Swamp Road
Sparta, N.C. 28675
Project Description
The project site, known as Five Springs Subdivision owned by Pride Homes is located at
Cove Gap Road approximately 7 miles South of Wilkesboro, Wilkes County, North
Carolina; latitude and longitude are 36.3398 N and 81.1581 W, respectively and the site
is located within the Moravian Falls USGS Topo Quad (Attachment 1. To reach the site
from Wilkesboro, take Highway 16 South approximately 6 miles. Turn left onto Davis
Road and travel approximately .25 miles. Turn left onto Pores Knob Road and travel
approximately 1.5 miles to Cove Gap Road. The site is located on the west side of Cove
Gap Rd.
Stream Mitigation/Culvert Removal
The stream mitigation will be accomplished by removing the 20 foot length of 48 inch
diameter corrugated metal pipe (CMP) and restoring the natural channel morphology at
the culvert installation.
The stream is an unnamed tributary to the South Fork Yadkin River. The natural
stream channel is a "B" streamtype in a degraded condition with a substrate embedded
with sand and pebble sized material. Mitigation of the impact will restore the 20 linear
feet stream culvert installation and riprap reinforcement. This mitigation design
approach utilizes the existing stream morphology above and below the culvert to return
the site to a natural channel condition while maintaining technical and cost feasibility.
Natural channel design methodologies including restoration of the natural stream cross-
section and profile, installation of a grade control structure, soil matting, seeding of the
streambank and local vegetation transplants will be used during the restoration.
Table 2. Stream Impacts and Mitigation Summary
Impact and Mitigation Overview
Proposed Miti ation Pro1 for Stream Imipme
cts
Type of Mitigation Method Amount Pro R Requi Mitigation
Restoration on-site 20 feet 20 feet
Total 20 feet Total 20 feet

Project Goals
The goals of the mitigation project are:
Unnamgd Tributarx
1. Remove the 48 inch CMP culvert which has impacted the stream.
2. Restore the impacted stream channel morphology by establishing an
appropriate channel dimension, pattern and profile.
3. Restore a functional riparian corridor throughout the mitigation area.
4. Accommodate proper sediment and erosion control measures during
construction and establish a proper ground cover to help insure continued
performance.
Stream Restoration
The stream is a somewhat entrenched ("B" streamtype) with an embedded substrate.
The vegetation community along the reach consists of shrubs, herbaceous cover and
trees. Removal of the culvert and restoration of the stream is required in order to
mitigate the stream impact. The short stream segment will be returned to the natural
contours of the valley and stream present above and below the culvert impact. The
bankfull channel dimension and profile will be restored to the natural morphology of the
stream. The restoration will include the installation of an in-stream structure (cross-
vane) to help establish grade control and lateral stability of the streambank in the
disturbed area. The cross-vane header rocks will be constructed using local boulders,
geotextile fabric and all voids will be packed with smaller rock to help prevent piping.
Cross-vane construction typicals are included in the Attachment.
Reference Reach
The reference reach for the restoration of the site will be taken from the natural
channel present immediately above and below the culvert impact. The construction will
reconnect the stream with a natural morphology. The stream bankfull indicators and
valley morphology will be used to establish the proper dimension and profile for the
reach.
Project oversight will be provided by WNR staff to ensure proper techniques and
success; and to propose modifications during the construction process, if necessary.
Construction Plan and Specifications (Five Springs)
The restoration process will begin with the excavation of the culvert to daylight the
channel. The stream channel will then be adjusted to restore the proper dimension and
profile based on reference reach conditions.
Proper sediment and erosion control measures will be implemented during construction.
Silt fencing will be utilized as necessary to contain as much sediment as possible.
Safety fences, silt fences, and barriers will be erected as necessary to secure the site.
The contractor will move all materials needed for the initial stages of excavation and
subsequent construction.
The construction process is expected to be brief and operations will be conducted in
order to operate in the dry as much as possible. A small temporary sump will be used
for the operation and a temporary small basin will be excavated in the downstream area
of operation as a temporary sediment accumulation point. The temporary sump will be
restored to a natural form at the completion of the operation.
The contractor will apply temporary/permanent seeding and vegetation transplants as
necessary to the area. Temporary ground cover (matting, straw) will be used in all
areas susceptible to erosion such that ground cover is quickly established. Permanent
ground cover will be established for all disturbed areas following completion of
construction.
Upon leaving, the contractor will ensure that the site is free of trash, debris, and left
over materials prior to demobilization of equipment.
Onsite materials will be harvested to be used in the restoration process. Materials such
as topsoil, vegetation, and rock will be harvested on site during other construction
activities from areas of similar slope and aspect.
Usage of soil amendments (fertilizer) will avoid or reduced to the minimum necessary
level to initiate growth in order to keep the system as natural as possible and to prevent
any excess nutrient runoff into the stream. Fine grading will be used when necessary
to recreate side slopes and micro-topography will be used for soil stabilization and to
minimize runoff.
Monitoring Plan
After construction completion, WNR staff will provide the resource agencies with an As-
built monitoring report. Monitoring activities will take place every other month for 6
month after construction completion or until success is demonstrated. WNR will
conduct monitoring and Pride Homes will provide the financial assurance that will
ensure this project is complete and successful. Monitoring will include visual assessment
and photo documentation of the site. Success will be measured in terms of channel
stability and vegetation success and functionality.
Problem areas identified during any part of annual monitoring activities will be
discussed with project partners. Any necessary remedial actions will be planned,
approved, and implemented.
Timetable for restoration
The stream restoration project will begin upon approval of this Mitigation Plan and
authorization to proceed. Visual assessment details and photographs will be taken and
forwarded to the USACE once all restoration work is completed. Please contact WNR
staff to schedule a site inspection if desired and accompany you to the site.
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Base Width
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Cut —off $il
Plan View
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Cut —off Sill
aundation /Footer Rocks