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HomeMy WebLinkAbout20060981 Ver 1_COMPLETE FILE_20060616IN REPLY REFER TO Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 July 24, 2006 Pa)(V zC,C)GC) 1?l Action ID No. SAW-2006-154248-158 / Nationwide Permit No. 27 (Wetland Restoration) Mr. Scott Gates Albemarle Restorations P.O. Box 204 Gatesville, North Carolina 27938 Dear Mr. Gates: This correspondence confirms our receipt of your preconstruction notification dated June 13, 2006, requesting Department of the Army (DA) authorization to implement the restoration plan entitled, Modlin Property Riverine Wetland Mitigation, Martin County, North Carolina. This work will be undertaken on a 40-acre site located off NCSR 1562 (Poplar Chapel Road) between NCSR 1552 (Jerden Thicket Road) and NCSR 1561 (Elijah Lee Road), southeast the town of Jamesville, adjacent to Cooper Swamp, in Martin County, North Carolina. Accordingly, for the purposes of the Corps of Engineers' Regulatory Program, the Code of Federal Regulations (CFR) published in the Federal Register on March 9, 2000, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for activities in waters of the United States associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal wetlands and riparian areas, the creation of tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal streams and non-tidal open water areas on private lands. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. This authorization in no way obligates the U.S. Army Corps of Engineers to recognize this work as a stream or riparian wetland restoration project, b. This authorization in no way obligates the U.S. Army Corps of Engineers to accept this project for use as compensatory mitigation proposed by the North Carolina Ecosystem Enhancement Program (NCEEP), or any other person, program, or entity. 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, 2007. It is incumbent upon you to remain informed of Chan es to the NWPs, We will issue a public notice C ?L0W [9 D ,JUL 2 7 2006 t , l?_R QUALITY WETLA4D?'ANU 5'1C0AJ N9TF.R ?24NCH 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. You should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-9721, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. Thank you for your time and cooperation. Questions or comments may be addressed to me at the Washington Regulatory Field Office, telephone (252) 975-1616, extension 26. Sincerely, /o.- &A, William . Biddlecome Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Scott McGill Ecotone, Inc. P.O. Box 5 Jarrettsville, Maryland 21084 Mr. Guy C. Pearce Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 -$' a.YF O(D - 001 9 1 IN REPLY REFER TO Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 July 24, 2006 Action ID No. SAW-2006-154248-158 / Nationwide Permit No. 27 (Wetland Restoration) Mr. Scott Gates Albemarle Restorations JUL 2 5 2006 P.O. Box 204 Gatesville, North Carolina 27938 Dear Mr. Gates: DENR - WATER QUALITY WETLANDS AND STQRMWATER BRANCH This correspondence confirms our receipt of your preconstruction notification dated June 13, 2006, requesting Department of the Army (DA) authorization to implement the restoration plan entitled, Modlin Property Riverine Wetland Mitigation, Martin County, North Carolina. This work will be undertaken on a 40-acre site located off NCSR 1562 (Poplar Chapel Road) between NCSR 1552 (Jerden "Thicket Road) and NCSR 1561 (Elijah Lee Road), southeast the town of Jmesville, adjacent to Cooper Swamp, in Martin County, North Carolina. Accordingly, for the purposes of the Corps of Engineers' Regulatory Program, the Code of Federal Regulations (CFR) published in the Federal Register on March 9, 2000, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for activities in waters of the United States associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal wetlands and riparian areas, the creation of tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal streams and non-tidal open water areas on private lands. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. This authorization in no way obligates the U.S. Army Corps of Engineers to recognize this work as a stream or riparian wetland restoration project. b. This authorization in no way obligates the U.S. Army Corps of Engineers to accept this project for use as compensatory mitigation proposed by the North Carolina Ecosystem Enhancement Program (NCEEP), or any other person, program, or entity. . 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, 2007. It is incumbent upon you to remain informed of changes to the NWPs, We will issue a public notice .k 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. You should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-9721, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. Thank you for your time and cooperation. Questions or comments may be addressed to me at the Washington Regulatory Field Office, telephone (252) 975-1616, extension 26. Sincerely, William . Biddlecome Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 r Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Scott McGill Ecotone, Inc. P.O. Box 5 Jarrettsville, Maryland 21084 Mr. Guy C. Pearce Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Triage Check List Date: k 4 0. (' Project Name: ?r-e To: ? ARO Kevin Barnett ? FRO Ken Averitte ? MRO Alan Johnson/Barry Love ? RRO Eric Kulz From: DWQ#: _72-0-V' oU ` / A County: ?k WaRO Kyle Barnes ? WiRO Noelle Lutheran/Joanne Steenhuis ? WSRO Daryl Lamb Telephone : (919) 33 % A The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/aVoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern 6;. tfyr ;a`NW ?l 104 ?A i k., i'I t , st. a -? a? r JJJ did J b'o a? vic) ear 0 ¦ 1 TopoZone - USGS Plymouth West (NC) Topo Map Page 1 of 2 USGS Topo Maps 0 1:24K/25K Topo Maps O 1:100K Topo Maps O 1:250K Topo Maps Map Size O Small O Medium * Large View Scale Coordinate Format UTM Map Datum WGS84 0 Show target Email this topo map Bookmark this topo map Print this topo map USGS Plymouth West ( View TopoZone Pro topographic maps, aerial photos, s 0 0.3 0 0.2 0.6 0.4 0.9 T 0.6 Tol mi TopoZone.com © 1999-2006 Maps a la carte, Inc. - All rights reserved. http://www.topozone.com/map.asp?z=18&n=3963157&e=331864&datum=nad83 6/30/2006 01 ECOTONE, Inc. FOREST AND WETLAND CREATION RIVER RESTORATION ENVIRONMENTAL CONSULTING AND PERMITTING CONSTRUCTION June 20, 2006 Ms. Cyndi Karoly r ? t n 401 Unit Supervisor 2321 Crab Tree Boulevard Raleigh, NC 27699 RE: Modlin Property Wetland Restoration DQQ 06-0981 Dear Ms. Karoly: Thank you for your letter dated June 19, 2006. Enclosed please find a check for $475. In our application, we indicate Albemarle Restorations, LLC as the project applicant and Ecotone, Inc. as the Agent. I, Scott McGill, am a Principal of both firms. I authorize Ecotone, Inc. to act as Agent for the purposes of the permit application to DWQ. Thank you for taking the time to review this application and please contact me if you have any questions or concerns. Sincerely, Ec tone, c. tt coil Principal 111' FF ' ?" DD V JUN 2 3 2006 , - V'0-1 Lk GUALF Y YVk ItANOs AND STOIRMWATER BRANCH P.O. BOX 5, 1204 BALDWIN MILL ROAD JARRETT8VILLE, MARYLAND 21084 (410) 692-7500 PAX (410) 692-7503 Or • • c,9 micnaei r. nasiey, vovernor `01 pt'i William G. Ross Jr., Secretary rte- North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality June 19, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED DWQ # 06-0981 Martin County Ecotone, Inc. Attn: Scott McGill PO Box 5 Jarrettsville, Maryland 21084 Subject Property: Modlin Property WL Restoration Impacts and Application Permitting Fee REQUEST FOR MORE INFORMATION Dear Mr. McGill: On June 16, 2006 the Division of Water Quality (DWQ) received your application dated June 14, 2006, that reflected stream impacts for the Modlin Property Wetland Restoration Project. In reviewing the application, it reflects temporary intermittant stream impacts of 2,950 linear feet. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Please provide the following information so that we may set up and review your project. Additional Information Requested: 1. Application Permitting Fee You have proposed impacts to an intermittent stream totaling 2,9501f. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. We are returning your check for correction of permitting fee amount. 2. A signed agent authorization letter will be necessary if Ecotone, Inc is acting on behalf of Mr. Temple, Albemarle Restorations LLC. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. NQthCaro?ina 401 Oversight/Express Review Permitting Unit lltllCQ<?!, 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httD://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper .,< -? >:, ':•a . ,.? ?? ?? :P .. t a DWQ 06-0981 Modlin Property Wetland Restoration Subject: DWQ 06-0981 Modlin Property Wetland Restoration From: Laurie Dennison <laurie.j.dennison@ncmai].net> Date: Tue, 20 Jun 2006 09:09:57 -0400 To: smcgill@ecotoneinc.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 060981 Mod linPropertyW LRestoration(Ma rtin)_l m pacts_Fee Request.doc Content-Type: application/msword Content-Encoding: base64 1 of 1 6/20/2006 9:10 AM ECOTONE, Inc. FOREST AND WETLAND CREATION RIVER RESTORATION ENVIRONMENTAL CONSULTING AND PERMITTING PONDS AND STREAMS CONSTRUCTION Ms. Cyndi Karoly 401 Unit Supervisor 2321 Crab Tree Boulevard Raleigh, NC 27699 RE: Modlin Property Wetland Restoration Dear Ms. Karoly: 11 i , ., 1 p ? ? P wi1j006 JUN 1 6 2006 DENH .. WATER QUALITY WETLANDS AND STORMWATER BRANCH Ecotone, Inc., on behalf of our client, Albemarle Restorations, LLC, is requesting 401 State Water Quality Certification to restore 40 acres of riverine wetlands on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. Albemarle Restorations, LLC has contracted with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program to restore 40 acres of prior converted cropland. The project involves minor grading and shaping to restore wetland hydrology as well as an extensive planting plan. A variety of wetland types, including bottomland hardwood, scrub shrub, and emergent wetland types are proposed to maximize habitat diversity. A conservation easement has been recorded to protect the constructed wetlands in perpetuity. A small ditch traverses the center of the project area and carries intermittent flow across the property. This ditch will be temporarily impacted by the proposed grading activities. The foot print of the ditch will be converted to vegetated nontidal wetlands. We anticipate the Corps of Engineers will verify that the project is authorized under the Nationwide Permit #27, Wetland and Riparian Restoration and Creation, and therefore qualifies for General Water Quality Certification GC3495. Enclosed please find seven (7) copies of the following: • Completed Pre-Construction Notification Application Form; • Wetland Restoration Plan Narrative; • Wetland Restoration Plan Sheets; • EEP Approval Letter; • USDA-NRCS Prior Converted Wetlands Letter; • Letter from the State Historical and Preservation Office; • Exhibit A - Vicinity Map; P.O. BOX 5, 1204 BALDWIN MILL ROAD JARRETTSVILLE, MARYLAND 21084 (410) 692-7500 FAX (410) 692-7503 Ms. Cyndi Karoly Modlin Property Wetland Restoration June 14, 2006 Page 2of2 • Exhibit B - Project Area in Relation to Sub-basin; • Exhibit C - Project Area in Relation to Existing Forests; and • Exhibit D - Photographs. Thank you for taking the time to review this application and please contact me if you have any questions or concerns. Sincerely, Ee, Inc. olt McGill Principal Office Use Only: Form Version March 05 8 1 USACE Action ID No. DWQ No. 2 o `) 6 0 (9 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 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 here: E] 2 R II. Applicant Information ?! D 1. Owner/Applicant Information JUN 1 6 2006 Name: Albemarle Restorations DENR - WATi=R 0, 1A1 11T Mailing Address: P.O. Box 204 AND STORYIW7i R RRANru Gatesville NC 27938 Contact: Mr. Scott McGill Telephone Number: (252) 333-0249 Fax Number: (252) 357-4892 E-mail Address: smc g laecotoneinc com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Scott McGill Company Affiliation: Ecotone Inc. Mailing Address: P.O. Box 5,1204 Baldwin Mill Road Jarrettsville MD 21084 Telephone Number: (410) 692-7500 Fax Number: (410) 692-7500 E-mail Address: smcgill(a-)ecotoneinc.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Modlin Property Wetland Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0102371 4. Location County: Martin Nearest Town: Jamesville Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): Located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina 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): 35°47'55.16" °N 76°51'32.87" °W 6. Property size (acres): Approximately 159 acres 7. Name of nearest receiving body of water: Cooper Swamp 8. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently used for agficultural purposes Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The project will restore 40 acres of riverine wetlands with a mix of bottomland hardwood, scrub shrub and emergent wetland types The restoration plans have been developed based on reference wetlands The project will involve minor grading, and shaping averaging less than 1 foot of cut/fill to restore wetland hydrology to the agricultural fields. Equipment that will be used on site during construction may include excavators dozers loaders, track trucks, and other standard excavation equipment 11. Explain the purpose of the proposed work: The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats which will help provide a continuous forested and diverse greenway along the tributary. Mitigation credits generated will be utilized by the Ecosystem Enhancement Program to offset compensatory mitigation requirements with Roanoke River Basin Cataloging unit 03010107. 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.N/A The project area is prior converted cropland See attached letter from NRCS. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No, the project site is protected in perpetuity through the recordation of a conservation easement in the Land Records of Martin County, North Carolina. 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 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The existing ditch acting as a stream is to be filled to create the desired hydrophytic conditions present in a diverse wetland system Impacts to the ditch will be temporary since the ditch area will be converted to wetlands. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream linear feet Area of Impact (acres) NONE Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide b 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact linear feet acres I Ditch draining to Conversion to wetlands Intermittent 7.5 If +/- 2,950 if +/- .5 ac Cooper Swamp (temporary) Page 8 of 13 Total Stream Impact (by length and acreage) I +/- 2,950 If I +/- .5 ac 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 NONE Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Im act acres): +1-.5 Wetland Impact acres : 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) +1-.5 Total Stream Impact linear feet): +/-2,950 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 9 of 13 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. The proposed impacts are temporary and beneficial to the wetland resource and its watershed. The project will restore wetland hydrology to 40 acres of prior converted cropland. The conversion of ditch to wetland will reduce erosion, enhance nutrient uptake, and provide beneficial wildlife habitat. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application 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/sti-i-ni;ide.html. 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 Page 10 of 13 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed project will create 40 acres of Riverine Wetlands within the Roanoke River Basin A conservation easement will preserve the site in perpetuity. See Modlin Site Riverine Wetland Project for specific details and information. 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 (919) 715-0476 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) 1. 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 (919) 733-5083 to review current thresholds for environmental documentation. 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 Page 11 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact I Multiplier I Required ,,?:.:..:... 3 (2 for Catawba) 1.5 Total I I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. N/A 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 No proposed impervious surfaces. 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. XUL Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Page 12 of 13 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/ncwetiands. If no, please provide a short narrative description: The project is designed to increase the quality of water downstream of the site 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). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) Modlin Property Restoration Plan Narrative Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Table of Contents 1.0 Introduction ..................................................................................1 2.0 Project Goals and Objectives ..............................................................2 3.0 Site Location .........................................................................................2 4.0 General Watershed Description ...........................................................2 5.0 Existing Site Conditions ...................................................................3 5.1 Soils .............................................................................................................3 5.2 Hydrology ............................................................................3 5.3 Adjoining Land Uses ...............................................................4 5.4 Threatened/Endangered Species and Existing Vegetation ....................4 5.5 Jurisdictional Wetlands .............................................................. 5.6 Historic Preservation ................................................................. 6.0 Reference Wetlands .........................................................................5 6.1 Hydrological Characterization ...................................................5 6.2 Soil Characterization ............................................................... 6.3 Plant Community Characterization ..............................................6 7.0 Wetland Restoration Plan .................................................................6 7.1 Hydrologic Modifications .........................................................6 7.2 Soil Restoration .....................................................................7 7.3 Plant Community Restoration .....................................................7 7.4 Plant Material .......................................................................8 7.4.1 Planting Specifications ....................................................8 7.4.2 Storage and Delivery ......................................................8 7.4.3 Products .....................................................................8 7.4.4 Planting Procedures ........................................................9 7.4.5 Maintenance and Guarantee ..............................................9 7.5 Seeding ..................................................... ......................9 7.5.1 Final Grading ...............................................................9 7.5.2 Soil Amendment ............................................................. 10 7.5.3 Seedbed Preparation ...................................................... 10 7.5.4 Seed Specification ........................................................ 10 7.5.5 Method of Seeding ....................................................... 11 8.0 Monitoring ................................................................................ 11 9.0 Success Criteria .......................................................................... 12 10.0 References .................................................................................. 12 11.0 Restoration Plan Sheets ................................................................. 14 Appendix A - Figures Appendix B - Supporting Documents Recorded Easement USDA Exemption Historic Preservation Threatened/Endangered Species Appendix C - Photographs Appendix D - Hydraulic and Hydrolgic Analysis (H&H Study) ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wedand Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Modlin Property Riverine Wetland Mitigation 1.0 Introduction The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program has selected 40 acres of the property owned by William Nathan Modlin for wetland restoration to fulfill a portion of the Request for Proposals: Full Delivery Project Roanoke River Basin. The purpose of the RFP is to provide compensatory stream, wetland and/or buffer mitigation within the Roanoke River Basin Catologing Unit 03010107. The Request for Proposal has been designated RFP 16- D05024 and the closing date for the request was February 17, 2005. Albemarle Restorations, LLC entered into a contract with the State of North Carolina on June 27, 2005 to deliver 40 wetland mitigation units within this project site (Contract No. D05024- 1). Albemarle Restorations, LLC proposes to create 40 acres of riverine wetlands (40 Wetland Mitigation Units) on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. The project site is in the above referenced watershed and is in close proximity to Cooper Swamp. In addition, the site is within 1.5 miles of the Roanoke River and is within the required 5-year floodprone area. The site has been chosen in part because of its location in a targeted watershed and because it provides the opportunity to add contiguous wetland forest to the extensive and diverse Roanoke River floodplain forest. The project's location in the Lower Roanoke River Sub-basin (Sub-basin 03-02-09) allow the 40 acres to be placed in a conservation easement to join more than 55,000 acres of protected land in the watershed, including 34,000 acres of publicly owned land and 21,000 acres of timberland under conservation management. In addition, the project is located in a watershed upstream from the Roanoke River (Sub-basin 03-02-09), which is listed on the North Carolina 303(d) List of impaired waterways. The Lower Roanoke River Sub-basin is also one of seven priority targets for The Nature Conservancy in North Carolina. This project site has been selected because of the soils present, and a very shallow depth to groundwater (indicated by extensive past ditching). Previous site visits have revealed high water marks from frequent overbank flooding and widespread wet soil conditions. These factors indicate that minimal grading will be necessary, and that the desired hydrophytic vegetation to be planted will thrive. An unnamed tributary to Cooper Swamp flows through the property, which is currently used for agricultural purposes with very little native vegetation present. The conversion of this site from agricultural use to established riverine wetlands will create a nearly unbroken forested buffer along the entire tributary, making this a practical and environmentally beneficial restoration project. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 2.0 Project Goals and Objectives The restoration plans have been developed based on reference wetlands and utilizing the 50 years of combined wetland restoration experience brought forth by the principals of Albemarle Restorations, LLC. The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area. Beyond that, the goals and objectives are as follows: 1) Provide floodflow attenuation. 2) Water Quality improvement through sediment, toxicant, and nutrient retention and reduction. 3) Slow over bank flow rates and provide storage and desynchronization of flood waters. 4) Alleviate downstream flooding issues by lessening the effect of pulse or flashy flows. 5) Provide shading through forest cover to reduce algae growth and associated low dissolved oxygen levels in surface water moving through the site. 6) The production and export of food sources. 7) The creation of wildlife habitat and recreational opportunities. 3.0 Site Location The 40-acre project site is located in the center of the Modlin property, also known as Cooper Swamp Farm, in the Deep Run Swamp Watershed (USGS Catalog Unit 03010107150010), a Targeted Local Watershed in the 2001 "Watershed Restoration Plan for the Roanoke River Basin" released by the North Carolina Wetlands Restoration Program. The restoration site lies along the mid and upper reaches of an unnamed tributary to Cooper Swamp found on the +/- 159-acre Modlin property. The site is accessed from Poplar Chapel Road, south of Jamesville, via and existing farm lane serving the Modlin and adjoining properties. Figure 1 is a vicinity map found in Appendix A. Downstream from the site, the tributary runs almost entirely through wooded areas containing extensive wetlands before joining the main stem of Cooper Swamp. Above the site, the headwaters and upper reaches of the tributary are located in forested and forested wetland areas. The tributary and the proximity of the site to nearby forested areas on the most recent available GIS air photos of the area are shown on Figure 2 in Appendix A. 4.0 General Watershed Description The project site is located in Targeted Local Watershed 50010, Deep Swamp Run, which lies in Sub-basin 03-02-09, the Lower Roanoke River. The following information was extrapolated from the "Watershed Restoration Plan for the Roanoke River Basin, 2001." Forested land constitutes 71% of the land in Sub-basin 03-02-09, while 25% is agricultural in this 559 square mile area through which the lower 83 miles of the Roanoke River and its tributaries flow. In 1990 the population in this sub-basin was estimated at ALBEMARLE RESTORATIONS, LLC. 2 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 58,886 people. Channelized headwaters of Deep Swamp Run have led to critical habitat loss in the watershed which is bordered by broad floodplain forests (DWQ, 2001). Deep Run Swamp is not within a DWQ water Supply Watershed, is not a Designated High Quality or Outstanding Resource Water, and has no presence of the Aquatic Natural Heritage Element. 5.0 Existing Site Conditions The Modlin farm consists of approximately 159 +/- acres, 40 of which are designated for this project site. These 40 acres are located within the central portion of the farm. This area is bisected by a deep drainage ditch that runs southwest from the property boundary, then curves toward the northwest, extending to the western property line, and is currently bordered by agricultural fields of the remaining Modlin farm to the north, south, and west, and timberland to the east. The Modlin residence is located to the northwest of the parcel and the surrounding area consists of residential, agricultural, and timberland properties. Degradation to the channel and surrounding areas by past agricultural activities, including channel straightening and planting of row crops up to the channel edges, allow excessive nutrient and sediment accumulation in the channel. These past activities have also served to reduce the flood flow attenuation capabilities of the historic undisturbed channel. Appendix C contains photographs taken during a recent site visit, showing the degradation of the channel and the proximity of tilled ground. The site is not located within a FEMA regulated floodplain, therefore floodplain requirements are not addressed in this restoration plan. 5.1 Soils Soils examined at several locations throughout the project site in fall of 2004 exhibited strong hydric indicators, including sulfitic odor and deep gray color to a depth of 18 inches. The majority of the site soils are mapped Bethera loam, with a small portion mapped Lenoir loam. Bethera loam is a poorly drained, nearly level soil which exhibits moderately slow to slow permeability and moderate to high available water capacity. The seasonal high water table is at or within 1 foot of the surface. Lenoir loam is somewhat poorly drained, nearly level, has slow permeability, and moderate available water capacity. During wet months, the seasonal high water table is at a depth of 1 to 2.5 feet. 5.2 Hydrology The project site is currently bisected by a drainage ditch created when the land was converted to cropland. The proposed design calls for the ditch to be filled and a broad flat drainage course to be created to mimic conditions found in riverine wetlands just below headwater areas. The hydrology of the project wetlands is to be derived from overbank flooding of the drainage course, supplemented by a high water table associated with the Bethera soils. The Bethera loam mapped on the site is classified as hydric with a seasonally high ALBEMARLE RESTORATIONS, LLC. 3 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 water table and low hydraulic conductivity which allows surface and subsurface water to be retained for long periods during the growing season. The Hydric Code for the soil is (1), meaning it is saturated for a significant period during the growing season. Based on historical accounts from the property owner the area was wetland prior to being cleared and ditched. Hydrology is similar to conditions at the reference site and wetland hydrology should be achieved quickly after the site grading is completed. 5.3 Adjoining Land Uses The topography of the project site is extremely flat, with slightly lower elevations on the western side at a tributary of Cooper Swamp. Properties to the east and northeast of the project site that are within the project site's drainage area are mapped as agricultural fields or timberland. 5.4 Threatened/Endangered Species and Existing Vegetation On August 23, 2005 a letter (see Appendix B) was sent by Albemarle Restorations, LLC to the U.S. Fish and Wildlife Service Ecological Services Office requesting a project review for coordination under the Endangered Species Act, the Fish and Wildlife Coordination Act, and the Migratory Bird Treaty Act. Albemarle Restorations, LLC received no response. A review of Martin County's Threatened and Endangered Species list showed only one threatened species, the Bald Eagle. Neither this species, nor its habitat, is currently found on the project site. The only existing vegetation within the project area consists of soybeans grown for agricultural purposes. The lines of trees that transected the project site, or "windrows" as Mr. Modlin referred to them, have been cleared. Any native vegetation present is incidental and on a scale that is not measurable for the purposes of this report. 5.5 Jurisdictional Wetlands A letter dated March 23, 2005 (see Appendix B) was received by Mr. Modlin from the United States Department of Agriculture Natural Resources Conservation Service in Williamston, NC. The letter states that the land in question was cleared for the planting of crops in the late 1970's, and is designated as Prior Converted Wetlands, making it exempt from any USDA regulations. Based upon field investigations and the above referenced Prior Converted ruling, it is our belief that no jurisdictional wetlands are found on the project site. A request for a formal Jurisdictional Determination by the COE has been made, and results of the Determination will be supplied when completed. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 5.6 Historic Preservation On September 8, 2005 Ecotone, Inc. received a letter (see Appendix B) from the North Carolina Department of Cultural Resources State Historic Preservation Office concerning the subject site. The letter states that the above agency is "aware of no historic resources which would be affected by the project." 6.0 Reference Wetlands Two separate wetlands, one in the Cooper Swamp drainage and the other in the Clark Mill Creek drainage (a tributary to the Pungo River watershed), were used as reference sites for this project. Site 1 is approximately 2,000 ft west of the intersection of Poplar Chapel Rd and the CSX Railroad. This intersection is a'/4 mile south of U.S. Highway 64, 1 mile east of Jamesville, NC. Site 2 is approximately 2,400 ft north of U.S. Route 264 on the Armstrong Property in Ponzer, Hyde County, NC. Site 1 is in Martin County, North Carolina and was sampled on February 10, 2006. This is a wetland site typical of a mid-age stand of mixed hardwoods and pine that would be found in wetlands throughout northeastern North Carolina. Site 2 is in Hyde County, and is a typical Cypress-Gum Riverine Wetland. 6.1 Hydrological Characterization The hydrology of site 1 is seasonally or semi-permanently inundated or saturated during the growing season. At site 2 the hydrology is best characterized as seasonally flooded or semi-permanently inundated. At both sites, the hydrology is derived from a combination of a high groundwater table, slow permeability, and overbank flooding. Microtopography variations create soil conditions at both sites ranging from inundation up to 18 inches to saturation at a depth of ten inches. 6.2 Soil Characterization The soils at site 1 were mapped Bethera loam, 0-2 percent slopes, and poorly drained. Field observations confirmed this mapped type. A profile of the soils at site 1 produced the following: Horizon A was found from a depth of 0-6 inches and was of a loam/organic nature. Horizon B occurred from a depth of 6-11 inches and was clay/loam in nature with a matrix color of 10YR 511, and mottle colors of 10YR 5/8. Mottles were common in abundance and distinct in contrast. Horizon B2 occurred from a depth of 9-18 inches and was also of a clay/loam nature with a matrix color of IOYR 5/1, and mottle colors of IOYR 6/8. Mottles were common in abundance and distinct in contrast. All colors described at this site are considered Munsell Moist. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 The soils at reference site 2 were mapped Dorovan muck, 0-1 percent slopes, and frequently flooded. Field observations confirmed this mapped type. A profile of the soils at site 2 produced the following: The O Horizon was found from a depth of 0-3 inches and was of a loam/organic nature. Horizon A occurred from a depth of 3-9 inches and was silty loam with a matrix color of 10YR 3/1. Horizon B occurred from a depth of 9 inches on, and was silty clay with a matrix color of 10YR 4/1. Photographs for both reference sites can be found in Appendix C. 6.3 Plant Community Characterization At site 1, 95 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). Vegetation was dense in the shrub and canopy layers, with a typical understory for this area containing switch cane, pepper bush, and younger canopy species (red maple, sweet gum). The mid-level canopy was dominated by younger canopy species and shrub/scrub (sweet bay, wax myrtle). The canopy included loblolly pine, swamp white oak, water oak, pin oak, and red maple. See Appendix C for photographs of the site. At site 2, 100 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). The forest type was a middle-age mixed stand with the canopy dominated by bald cypress, and understory containing sweetgum, red maple, sweetbay magnolia, American holly, and loblolly pine. The shrub layer contained sweet bay, highbush blueberry, and fetter-bush with greenbriar and Japanese honeysuckle. See Appendix C for photographs. 7.0 Wetland Restoration Plan The goal of the proposed restoration plan is to create a riverine wetland system typically found in the middle to upper reaches of first order tributary systems. The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats, which will help provide a continuous forested and diverse greenway along the tributary. Any invasive or exotic species found on the site while earth work is being completed will be removed through physical or chemical means. 7.1 Hydrologic Modifications Hydrologic modifications on the site will be achieved through the filing of the main ditch bisecting the site and contributing side ditches, and creating a broad drainage course with a very low gradient (less than 0.5 percent slope) and an associated low floodplain. Overland flow from the 141-acre drainage area will inundate the entire area during major flooding events (see Appendix D for the HEC-RAS analysis of the site), and the seasonally high water table historically found on the site will maintain saturated soils throughout significant periods during the growing season. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 To add to the retention time of flooding events in the wetland area, microtopography will be used to create hummocks and depressions found in undisturbed swamps in the area and two low berm structures have been designed at the lower end of the system. The outfall from the system is in the center of the downstream berm structure, and will channel flood flows through a wide outfall into the existing ditch that will remain at the western edge of the property. A series of supplemental ditches, located outside the project area, will be installed to prevent hydrologic trespass onto adjacent cropland. 7.2 Soil Restoration Soils found in the project area currently exhibit hydric characteristics and will remain. In areas where grading of more than one and one-half feet is proposed, soil from the upper horizon will be stockpiled and redistributed prior to establishing final grade. Because sufficient organic material appears to be present to a significant depth, no amendments are specified. Large woody debris encountered in windrows currently within the project area will be placed throughout the created wetlands to add variety to soil conditions and encourage diversity of volunteer species. 7.3 Plant Community Restoration The plant species chosen for the project are native to the area, with an emphasis on species that will provide habitat and a viable, yearlong food source for a wide range of animal and plant species. Surrounding areas are home to bear, whitetail deer, raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species, and the project is intended provide food and habitat to complement and enhance the existing ecosystem. Hydrophytic species shown on the planting plan were selected to create a diverse matrix of wetland communities including Bottomland Hardwood Forest interspersed areas of open water and emergent wetland. Invasive and exotic species will not be planted on the site. Any invasive or exotic species found on the site will be removed through physical or chemical means during the planting phase. In selecting vegetation, we have considered the reference riverine wetland areas adjacent to the site and "Dominant Plants for Major Wetland Types" published by the North Carolina Department of Environment Water Quality Section. Sheet P-2 contains detailed planting and seeding schedules for the site. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4 Plant Material 7.4.1 Planting Specifications 1. Planting material will conform to the current issue of the "American Standards for Nursery Stock", published by the "American Association of Nurserymen". 2. The root system of plant material shall be well-developed and undamaged, and the plant size must conform to the size specified. Plants not meeting these criteria will be rejected. 3. Foliage of non-dormant plants shall appear healthy, with no leaf spots, damage, discoloration, or wilting, and no evidence of insects on the plant. Plants not meeting these criteria will be rejected. 4. Planting materials may be substituted upon written approval from Albemarle Restorations, LLC. 7.4.2 Storage and Delivery 1. Seed shall be delivered in containers having labels reporting the origin, purity, and germination percentage of the seed, and the date of germination testing of the seed. 2. All bare root plants shall be clearly and correctly labeled to allow confirmation of species and quantities. At least 25% of each species in every shipment shall have legible labels securely attached prior to delivery to the site. 3. All plants delivered to the project site must have thoroughly moist soil/root masses. Dry or light-weight plants shall be rejected. 4. All rejected material shall be immediately removed from the project site. 5. All plants delivered to the project site shall be stored in a cool, shaded location, and watered regularly so that roots are kept moist until time of planting. 7.4.3 Products 1. Planting Schedules specifying quantity, species, size, condition, and spacing can be found on Sheet P-2 of the Restoration Design Plan Sheets. 2. Straw shall be from small grain species such as wheat or barley, and shall be free of rot, mildew, and noxious weed seeds. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4.4 Planting Procedures 1. Planting shall be performed in accordance with the current edition of the Landscape Contractors Association "Landscape Specification Guidelines" and as specified below. 2. Plants shall be randomly installed within the planting area, using the plant spacing specified in the plant schedule as a guide. 3. Bare root stock shall be planted during the period of February 1 - April 30. Planting outside of these specified dates is not permissible without approval from Albemarle Restorations, LLC. 4. Planting shall not occur during periods of sub-freezing temperatures, when the ground is frozen or excessively wet or dry, or when other conditions not generally accepted as suitable for planting persist. 5. Bare root stock shall be planted within two days of shipment. 6. Bare root seedlings and whips shall be minimum 1/4" to 1/2" caliper. 7. Bare root seedlings and whips shall be planted in accordance with the detail provided on Sheet P-2 of the Restoration Design Plan Sheets unless otherwise approved by Albemarle Restorations, LLC. 8. All woody material must be planted erect. Plants leaning greater than 10 degrees from perpendicular must be straightened or replanted by the Contractor. 7.4.5 Maintenance and Guarantee 1. Plant material shall be maintained by the Contractor for one full year from the date of final inspection and acceptance by Albermarle Restorations, LLC. Maintenance shall include the removal and one-time replacement of all dead or diseased woody vegetation. 2. The Contractor shall guarantee an 80% survival of all plants for the one year period stated above, except in the case of damage by fire, animal damage, vandalism, or other events beyond the Contractors ability to control. 3. Plants which are 25% dead or more shall be considered dead. 4. Replacement plants shall be of the same type, size, and variety as the plants specified herein, or substitutions approved by Albermarle Restorations, LLC. Replacement plants shall be provided and installed subject to the requirements of these plans and specifications. 7.5 Seeding 7.5.1 Final Grading 1. Prior to seeding, remove any mounds or surface irregularities not in conformance with grading plan. Areas that have experienced washing out, ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 rilling, or sediment deposition shall be reconstructed and grades re- established by the Contractor in accordance with the plan or as otherwise directed by Albemarle Restorations, LLC. 2. After bringing the wetland creation area to final grades, loosen soil by discing or scarifying to a depth of at least 3 inches. 3. Prior to seeding, remove all trash, debris and large objects such as stones that might interfere with the seeding operation. 4. Seeding of wetland areas is to be according to the Wetland Seed Mix detail on Sheet P-2 of the Restoration Design Plan Sheets. Seed shall be spread with a broadcast spreader and may be mixed with dry sand to facilitate even spreading. 7.5.2 Soil Amendments 1. Soil tests must be performed to determine if lime and/or fertilizer are required within seeding areas. Soil analysis may be performed by the N.C. Department of Agriculture and Consumer Services Agronomic Division or a recognized commercial laboratory. 2. Amend soil as needed based on N.C. Department of Agriculture and Consumer Services Agronomic Division recommendations. 7.5.3 Seedbed Preparation 1. Seedbed preparation shall consist of loosening soil to a depth of 3-5" by means of suitable agricultural or construction equipment such as disc harrows or chisel plows or rippers mounted in construction equipment. After the soil is loosened it should not be rolled or dragged smooth but left in the roughened condition. Sloped areas (Exceeding 3:1) should be tracked leaving an irregular surface with ridges running parallel to the contour of the slope. 2. Apply fertilizer and lime if required. 3. If required, incorporate lime and fertilizer into the top 3-5" of soil by disking or other suitable means. 7.5.4 Seed Specification All seed shall be free of noxious weeds. All seed shall be subject to re- testing by a recognized seed laboratory. All seed shall have been tested within the 6 months immediately preceding the date of sowing such materials on this job. Seed tags shall be made available to the inspector to verify type and rate of seed used. ALBEMARLE RESTORATIONS, LLC. 10 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 7.5.5 Methods of Seeding 1. Dry seeding: This includes use of conventional drop or broadcast spreaders. a) Seed spread dry shall be incorporated into the subsoil at the rates prescribed on the temporary or permanent seeding summaries or tables 25 or 26. The seeded areas shall then be rolled with a weighted roller to provide good seed to soil contact. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 2. Drill or cultipacker seeding: Mechanized seeders that apply and cover seed with soil. a) Cultipacking seeders are required to bury the seed in such a fashion as to provide at least 1/4 inch of soil covering. Seedbed must be firm after planting. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 8.0 Monitoring Monitoring plots will be installed and permanently monumented upon completion of plant installation. A minimum of one sampling quadrant will be located within each proposed vegetative community. Piezometers will be installed to measure subsurface water levels during the five-year monitoring period. Following construction, a Mitigation Plan and As Built Drawings will be prepared for the site and submitted to EEP. The Mitigation Plan will include the monitoring plan and protocol, as well as an invasive and exotic species management plan. The management plan will identify potential invasive species as defined in the "North Carolina Noxious Weed List", identify site constraints, and provide for a two-part control plan. The first part of the two-part plan will suppress the establishment of noxious plants through eradication of existing species seen on site and installation of sufficient densities of native woody and herbaceous species. The second part will be to implement an early detection and rapid response program, to identify and remove invasive species before they become established. Monitoring will be completed using random permanent sampling quadrants as outlined in the Mitigation Plan for a minimum five-year period, or until success of the project can be validated. Monitoring Reports will be submitted to EEP by December 31 of the year in which the monitoring was conducted. In the unlikely event that success criteria outlined below are not achieved by the end of the five-year minimum monitoring period, with permission from EEP corrective measures including regrading, replanting, removal of certain species, etc. will be performed. If areas are deemed to be severely deficient in meeting the success criteria, Albemarle Restoration, LLC may opt to ask the Department to allow corrective measures prior to the end of the five-year period. ALBEMARLE RESTORATIONS, LLC. 11 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 9.0 Success Criteria: Success of the project will go beyond the establishment of wetland hydrology and a predominance of hydrophytic vegetation. Because the goals of the project are to create a diverse wetland system, the success criteria will be tied directly to those goals. The intent of the project is to create a diverse wetland forest, interspersed with small areas of emergent wetlands, shallow open water, and hummocks. We believe that the creation of this diverse system is necessary to provide the range of intended functions and values. The primary indicators of success will therefore be the establishment of a range of wetland hydrology including inundated, saturated, seasonally saturated, and upland hummock areas. Approximate acreages for each wetland hydrologic regime are shown on Sheet P-1 of the Restoration Design Plan Sheets. The site will be deemed successful if the acreages of each regimes fall within a reasonable range related to the design during normal climatic conditions. Site hydrology during years of excessive rainfall or extreme drought will be assessed with climatic conditions in mind. 10.0 References Albemarle Restorations, LLC. . Albemarle Restorations field data collection within Martin County, North Carolina. 2005. American Association of Nurserymen. The American Standard for Nursery Stock. 1250 I Street, N.W., Suite 500, Washington, DC. 1986. Landscape Contractor's Association of Metropolitan Washington. Landscape Specification Guidelines. LCAMW. Rockville, Maryland. 1993. Lynch, Karen M. "Common Wetland Plants of North Carolina." NCDENR, Division of Parks and Recreation Department of Environment, Health and Natural Resources Division of Water Quality Water Quality Section. Raleigh, North Carolina: Report # 97-01, August 1997. McGill, S. "Technical Proposal Bid Number 16-DO5024 Modlin Property." Albermarle Restorations, LLC. Gatesville, North Carolina. 2005. North Carolina Department of Agriculture and Consumer Services Plant Industry Division-Plant Protection Section. "North Carolina Noxious Weed List." hLp://www.agr.state.nc.us/t)lantind/plant/weed/noxweed.htm. September 2005. NCDENR, Division of Coastal Management. "GIS Wetland Type Mapping for the North Carolina Coastal Plain." GIS Data Guidance Document. http://dcm2.enr.state.nc.us/Wetlands/wtypeguidanceweb.pdf. September 2005. ALBEMARLE RESTORATIONS, LLC. 12 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality. "Roanoke River Basinwide Water Quality Management Plan." July, 2001. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Animal Species of North Carolina." 1999. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Plant Species of North Carolina." 1999. North Carolina Wetlands Restoration Program. "Watershed Restoration Plan for the Roanoke River Basin." North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality. 2001. Riddick, Lisa A. "Phase I Environmental Site Assessment Modlin Property, Poplar Chapel Road Jamesville, Martin County, North Carolina." NorthEast Environmental, P.C. October 10, 2005. United States Department of Agriculture Natural Resources Conservation Service. "Martin County Soil Survey." September, 1989. United States Fish and Wildlife Service. "Martin County Endangered Species, Threatened Species, and Federal Species of Concern." httP://nc- es.fws.gov/es/cntylist/martin.html. September 2005. ALBEMARLE RESTORATIONS, LLC. 13 it June 13, 2006 Albemarle Restorations, LLC Attn: Ed Temple 404 Court Street Gatesville, North Carolina 27938 Subject: Modlin Property Wetland Restoration Plan Roanoke River Basin - Cataloging Unit 03010107 Martin County Contract # D05024-1 Dear Mr. Temple: In May 2006, Albemarle Restorations, LLC submitted the subject Restoration Plan for the Modlin Property Wetland Restoration Full Delivery Project. The project is located off Poplar Chapel Road near the Town of Jmesville in Martin County, North Carolina. The Restoration Plan proposes to restore 40.0 acres of prior converted cropland by restoring wetland hydrology and planting appropriate vegetation to establish a bottomland hardwood forest. The restored system will mimic the conditions found in riverine wetlands just below headwater areas. The Ecosystem Enhancement Program (EEP) has reviewed the restoration plan and has no comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). If you have any questions, or wish to discuss this matter further, please contact me at (919)715- 1656 or email at guy.pearce@ncmail.net. Sincerely, Guy C. Pearce EEP Full Delivery Program Supervisor cc: files Q? Untied States Depwftamt of AgrlcMltme 6., N RCS Natural Resources Conservatlori Service 104 Kehukee Park Road Wipiamston, N.C. 27892 March 23, 2005 Mr. William N. Modlin 1841 Poplar Chapel Road Jamesville, NC 27846 Dear Billy, I have reviewed the soils maps on your tract 2087 of Poplar Chapel Road as it relates to wetland classifications within USDA. The acreage proposed for the conservation easement is comprised of Bethera loam soil and was cleared for row crops in the late 1970's prior to the swampbuster provision's of the 1985 Food Security Act Therefore this area of approximately 120 acres is classed as Prior Converted Wetlands (PC) and is exempt from. any USDA regulations. Good luck on the wildlife enhancements that may be planned. Sincerely, 4 V, Rup W. Hasty District Conservationist USDA - NRCS encl: Soils Map Tract Map 156 EZ The Natural Resources Conservation Service provides leadership In a partnership eHort to help people conserve, maintain, and Improve our natural resources and environment, North Carolina Department of Cultural Resources state Historic Preservation Office P&W B. Sen W&. Aft&hhMa' Office of Archives and History Michael Easley, Governor Division of Historical Resources l.isbed? C. . Evans, Secretary David Brook Director Jeffrey ). Cmw, Dgmty Secretary September 8, 2005 Scott McGill Ecotone, Inc PO Box 5 Jarrettsville, MD 21084 Re: Modhn Property, Cooper Swamp Farm Martin County, ER05-2015 Dear Mr. McGill: Thank you for your letter of August 25, 2005, concerning the above project" We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. '['hank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledh en? revue coor?nabor, at 919-733-4763. In all future t7l-ey, communication concerning this project, please cke the above-referenced tracking number. Sincerely, P erSandbeck IT AI)MINISTR MOM USTORATM SURVEY & PLANNIM 541714. jJd sued. Rdd*Ptc 515 tt Blvd swem add* Pic 515 N. tlkd shod. RalOW Pic ?'?`°'r/69946t7 4617 Mrl serviee Ceo ,, Rakiel? MIUM m Cq,IOMR> NC X17 +617 Mel Saos 4617 Mail Suvka O"W. Raiejo NC rM994617 3-8653 801 (919)7 33654 54 (919)7336545/715-4801 Q O ? ?O m F PGp,N i I / I I J I -- / -, JAMESVILLE ?? --- - ELIJAH LEE RD ; , COOPER p o w PROJECT AREA ?uq s R SW n. o - 1 1 Q u I 1 I j _ FgSON ? _RO _-?c S?- Q \ ? ? ? ? I I-_ ? - O - t NIE `r!y \? ?? I z ` J 1 z / ? Iw z SCALE 0 4000 8000 EXHIBIT A INC ECOTONE Vicinity Map , MODUN PROPERTY RIVERINE WETLAND RESTORATION 40 WMU's P.O. Box 5. 1204 Baldwin Mill Road •JarrettrAlle, Maryland 21084 Scale: 1" = 4000' 1/2005 f 1 Drawn By: LMS (410) 692-7500 • Fax (410) 692-7503 • E-Mail info/ecotoneinc.com 2 0 2 4 6 8 Miles Roanoke River Basin Subbasin 09 N W E S Use Support Ratings Oak City VJfiliamston PROJECT AREA Fully Supporting Partially Supporting Not Supporting US 64 i Not Monitored Not Rated Primary Roads County Boundary Welch Creek Municipalities C Targeted Local Watershed LanierSwemp 0 Loam Watershed Boundaries Deep Rtm Swamp 50010 Hardison Mill Creek This map was produced on 03129/2Wl by the North Caroline Division of Water Qual ty Wetlands Restoration Program. Data was provided by the Nort^ Caroline :'Carter for Geographic Information and Ana ysis. The map is based on Projection: Stateplare Zone: 4901 DatLm:NAD83 Spheroid: GRS1980 units: Meters Roanoke River Basin Subbasin 09 Copyright WATERSHED RESTORATION PLAN FOR THE ROANOKE BASIN EXHIBIT B SCALE AS SHOWN ECOTONE, I N C PROJECT AREA IN RELATION TO SUBBASIN 6/2005 Drawn By: LMS P.O. SoK 5.1204 Baldwin Mitt Road.Jarmtttvitk, Maryland 21084 MODLJN PROPERTY (410)692-7500•Fax(410)692-7503•E-KagWoeewtoneincmm RIVERINE WETLAND RESTORATION 40 WMU's ~r MCD04t t e ? J 9 CONEIg"IAN psorlm I= WAMP ro EXISTING FO EST .:.. a F Fz EXISTING FOREST i? EXHIBIT •'r ,ham ?_ ?? -? = ? x ' ?n ?i- ??. •R ?„?.+• _ „?; `'?, PROJECT AREA < t - _-- y t' cozy IN RELATION TO EXISTING FOREST: PROJECT AREA E ,may f 1_ p.A ? A 1?6T1 PLAN VIEW sr?ts nt ECOTONE, INC. ALBERMAP.:E USMPATMW, U-- .,? pm e? ? ?..?... SCJILE .. .? ? nu??m l[OW PYO?IY ?...?.? ?,...?...,? .R,...?.o,v.,o. aasmta a aw MUM MOD MUM N (40 TKUs) - awnr ?w F a Photo 1: Ditch within the Photo 2: Ditch adjacent to cropland Wetland Restoration Area. Restoration Area Photo 4: Wooded parcel adjacent to Riverine Wetland Restoration Area. ECOTONE, Inc. FOREST AND WETLAND CREATION RIVER RESTORATION ENVIRONMENTAL CONSULTING AND PERMITTING PONDS AND STREAMS CONSTRUCTION June 14, 2006 Ms. Cyndi Karoly 401 Unit Supervisor 2321 Crab Tree Boulevard Raleigh, NC 27699 RE: Modlin Property Wetland Restoration Dear Ms. Karoly: Ecotone, Inc., on behalf of our client, Albemarle Restorations, LLC, is requesting 401 State Water Quality Certification to restore 40 acres of riverine wetlands on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. Albemarle Restorations, LLC has contracted with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program to restore 40 acres of prior converted cropland. The project involves minor grading and shaping to restore wetland hydrology as well as an extensive planting plan. A variety of wetland types, including bottomland hardwood, scrub shrub, and emergent wetland types are proposed to maximize habitat diversity. A conservation easement has been recorded to protect the constructed wetlands in perpetuity. A small ditch traverses the center of the project area and carries intermittent flow across the property. This ditch will be temporarily impacted by the proposed grading activities. The foot print of the ditch will be converted to vegetated nontidal wetlands. We anticipate the Corps of Engineers will verify that the project is authorized under the Nationwide Permit #27, Wetland and Riparian Restoration and Creation, and therefore qualifies for General Water Quality Certification GC3495. Enclosed please find seven (7) copies of the following: • Completed Pre-Construction Notification Application Form; • Wetland Restoration Plan Narrative; • Wetland Restoration Plan Sheets; • EEP Approval Letter; • USDA-NRCS Prior Converted Wetlands Letter; • Letter from the State Historical and Preservation Office; • Exhibit A - Vicinity Map; P.O. BOX 5, 1204 BALDWIN MILL ROAD JUN 1 9 2006 JARRETTSVILLE, MARYLAND 21084 4JI`? ?1 (410) 692-7500 DENIA,WATER uUALIf'y FAX (410) 692-7503 WETLANDS AND sTORMWATER BRANCH Ms. Cyndi Karoly Modlin Property Wetland Restoration June 14, 2006 Page 2 of 2 • Exhibit B - Project Area in Relation to Sub-basin; • Exhibit C -Project Area in Relation to Existing Forests; and • Exhibit D - Photographs. Thank you for taking the time to review this application and please contact me if you have any questions or concerns. Sincerely, Ee, Inc. olt McGill Principal Office Use Only: Form Version March 05 r () r1 r USACE Action ID No. DWQ No. fit any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 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 here: ? II. Applicant Information D r ? R' Q ?°1 n IJ 1. Owner/Applicant Information JUN X 6 2006 Name: Albemarle Restorations Mailing Address: P.O. Box 204 YYE7LAMR AM STORMWATER BRANCH Gatesville NC 27938 Contact: Mr. Scott McGill Telephone Number: (252) 333-0249 Fax Number: (252) 357-4892 E-mail Address: smcgill(a)ecotoneinc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Scott McGill Company Affiliation: Ecotone Inc. Mailing Address: P.O. Box 5,1204 Baldwin Mill Road Jarrettsville MD 21084 Telephone Number: (410) 692-7500 Fax Number: (410) 692-7500 E-mail Address: smcgillaecotoneinc.com Page 5 of 13 111. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Modlin Property Wetland Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0102371 4. Location County: Martin Nearest Town: Jamesville Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): Located on Poplar Chapel Road near Jamesville, in Martin County North Carolina 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): 35°47'55.16" °N 76°51'32.87" °W 6. Property size (acres): Approximately 159 acres 7. Name of nearest receiving body of water: Cooper Swamp 8. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently used for agricultural purposes Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The project will restore 40 acres of riverine wetlands with a mix of bottomland hardwood, scrub shrub and emergent wetland types The restoration plans have been developed based on reference wetlands The project will involve minor grading and shaping averaging less than 1 foot of cut/fill to restore wetland hydrology to the agricultural fields. Equipment that will be used on site during construction may include excavators dozers loaders, track trucks, and other standard excavation equipment. 11. Explain the purpose of the proposed work: The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats which will help provide a continuous forested and diverse erg_ enway along the tributary Mitigation credits generated will be utilized by the Ecosystem Enhancement Program to offset compensatory mitigation requirements with Roanoke River Basin Cataloging unit 03010107. 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.N/A The project area is prior converted cropland See attached letter from NRCS. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No the project site is protected in perpetuity through the recordation of a conservation easement in the Land Records of Martin County North Carolina. 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 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The existing ditch acting. as a stream is to be filled to create the desired hydrophytic conditions present in a diverse wetland system Impacts to the ditch will be temporary since the ditch area will be converted to wetlands. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) NONE Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 len h X width, then divide b 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact linear feet acres I Ditch draining to Conversion to wetlands Intermittent 7.5 if +/- 2,950 if +/- .5 ac Cooper Swamp (temporary) Page 8 of 13 Total Stream Impact (by length and acreage) I +/- 2,950 If I +/- .5 ac 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres NONE Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Im act (acres : +1-.5 Wetland Impact acres : 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) +1-.5 Total Stream Impact linear feet): +/-2,950 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 9 of 13 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. The proposed impacts are temporary and beneficial to the wetland resource and its watershed. The project will restore wetland hydrology to 40 acres of prior converted cropland. The conversion of ditch to wetland will reduce erosion, enhance nutrient uptake, and provide beneficial wildlife habitat. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application 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/strmgide.html. 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 Page 10 of 13 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed project will create 40 acres of Riverine Wetlands within the Roanoke River Basin A conservation easement will preserve the site in perpetuity. See Modlin Site Riverine Wetland Project for specific details and information. 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 (919) 715-0476 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 (919) 733-5083 to review current thresholds for environmental documentation. 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 Page 11 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (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. I I Zone* Impact Multiplier I Required (sauare feet) Mitivation 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. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A 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 No proposed impervious surfaces. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Page 12 of 13 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/ncwetIands. If no, please provide a short narrative description: The project is designed to increase the quality of water downstream of the site 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). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) Modlin Property Restoration Plan Narrative Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Table of Contents 1.0 Introduction ..................................................................................1 2.0 Project Goals and Objectives ..............................................................2 3.0 Site Location .........................................................................................2 4.0 General Watershed Description ...........................................................2 5.0 Existing Site Conditions ...................................................................3 5.1 Soils .............................................................................................................3 5.2 Hydrology ............................................................................ 5.3 Adjoining Land Uses ...............................................................4 5.4 Threatened/Endangered Species and Existing Vegetation ....................4 5.5 Jurisdictional Wetlands .............................................................. 5.6 Historic Preservation ................................................................. 6.0 Reference Wetlands ......................................................................... 5 6.1 Hydrological Characterization ................................................... 5 6.2 Soil Characterization ............................................................... 5 6.3 Plant Community Characterization .............................................. 6 7.0 Wetland Restoration Plan ................................................................. 6 7.1 Hydrologic Modifications ......................................................... 6 7.2 Soil Restoration ..................................................................... 7 7.3 Plant Community Restoration ..................................................... 7.4 Plant Material .......................................................................8 7.4.1 Planting Specifications .................................................... 8 7.4.2 Storage and Delivery ...................................................... 8 7.4.3 Products ..................................................................... 8 7.4.4 Planting Procedures ........................................................9 7.4.5 Maintenance and Guarantee ............................................ ..9 7.5 Seeding ............................................................................ ..9 7.5.1 Final Grading ............................................................. .. 7.5.2 Soil Amendment ............................................................. 10 7.5.3 Seedbed Preparation ...................................................... 10 7.5.4 Seed Specification ........................................................ 10 7.5.5 Method of Seeding ....................................................... 11 8.0 Monitoring ................................................................................. 11 9.0 Success Criteria .......................................................................... 12 10.0 References .................................................................................. 12 11.0 Restoration Plan Sheets ................................................................. 14 Appendix A - Figures Appendix B - Supporting Documents Recorded Easement USDA Exemption Historic Preservation Threatened/Endangered Species Appendix C - Photographs Appendix D - Hydraulic and Hydrolgic Analysis (H&H Study) ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Modlin Property Riverine Wetland Mitigation 1.0 Introduction The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program has selected 40 acres of the property owned by William Nathan Modlin for wetland restoration to fulfill a portion of the Request for Proposals: Full Delivery Project Roanoke River Basin. The purpose of the RFP is to provide compensatory stream, wetland and/or buffer mitigation within the Roanoke River Basin Catologing Unit 03010107. The Request for Proposal has been designated RFP 16- D05024 and the closing date for the request was February 17, 2005. Albemarle Restorations, LLC entered into a contract with the State of North Carolina on June 27, 2005 to deliver 40 wetland mitigation units within this project site (Contract No. D05024- 1). Albemarle Restorations, LLC proposes to create 40 acres of riverine wetlands (40 Wetland Mitigation Units) on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. The project site is in the above referenced watershed and is in close proximity to Cooper Swamp. In addition, the site is within 1.5 miles of the Roanoke River and is within the required 5-year floodprone area. The site has been chosen in part because of its location in a targeted watershed and because it provides the opportunity to add contiguous wetland forest to the extensive and diverse Roanoke River floodplain forest. The project's location in the Lower Roanoke River Sub-basin (Sub-basin 03-02-09) allow the 40 acres to be placed in a conservation easement to join more than 55,000 acres of protected land in the watershed, including 34,000 acres of publicly owned land and 21,000 acres of timberland under conservation management. In addition, the project is located in a watershed upstream from the Roanoke River (Sub-basin 03-02-09), which is listed on the North Carolina 303(d) List of impaired waterways. The Lower Roanoke River Sub-basin is also one of seven priority targets for The Nature Conservancy in North Carolina. This project site has been selected because of the soils present, and a very shallow depth to groundwater (indicated by extensive past ditching). Previous site visits have revealed high water marks from frequent overbank flooding and widespread wet soil conditions. These factors indicate that minimal grading will be necessary, and that the desired hydrophytic vegetation to be planted will thrive. An unnamed tributary to Cooper Swamp flows through the property, which is currently used for agricultural purposes with very little native vegetation present. The conversion of this site from agricultural use to established riverine wetlands will create a nearly unbroken forested buffer along the entire tributary, making this a practical and environmentally beneficial restoration project. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 2.0 Project Goals and Objectives The restoration plans have been developed based on reference wetlands and utilizing the 50 years of combined wetland restoration experience brought forth by the principals of Albemarle Restorations, LLC. The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area. Beyond that, the goals and objectives are as follows: 1) Provide floodflow attenuation. 2) Water Quality improvement through sediment, toxicant, and nutrient retention and reduction. 3) Slow over bank flow rates and provide storage and desynchronization of flood waters. 4) Alleviate downstream flooding issues by lessening the effect of pulse or flashy flows. 5) Provide shading through forest cover to reduce algae growth and associated low dissolved oxygen levels in surface water moving through the site. 6) The production and export of food sources. 7) The creation of wildlife habitat and recreational opportunities. 3.0 Site Location The 40-acre project site is located in the center of the Modlin property, also known as Cooper Swamp Farm, in the Deep Run Swamp Watershed (USGS Catalog Unit 03010107150010), a Targeted Local Watershed in the 2001 "Watershed Restoration Plan for the Roanoke River Basin" released by the North Carolina Wetlands Restoration Program. The restoration site lies along the mid and upper reaches of an unnamed tributary to Cooper Swamp found on the +/- 159-acre Modlin property. The site is accessed from Poplar Chapel Road, south of Jamesville, via and existing farm lane serving the Modlin and adjoining properties. Figure 1 is a vicinity map found in Appendix A. Downstream from the site, the tributary runs almost entirely through wooded areas containing extensive wetlands before joining the main stem of Cooper Swamp. Above the site, the headwaters and upper reaches of the tributary are located in forested and forested wetland areas. The tributary and the proximity of the site to nearby forested areas on the most recent available GIS air photos of the area are shown on Figure 2 in Appendix A. 4.0 General Watershed Description The project site is located in Targeted Local Watershed 50010, Deep Swamp Run, which lies in Sub-basin 03-02-09, the Lower Roanoke River. The following information was extrapolated from the "Watershed Restoration Plan for the Roanoke River Basin, 2001." Forested land constitutes 71% of the land in Sub-basin 03-02-09, while 25% is agricultural in this 559 square mile area through which the lower 83 miles of the Roanoke River and its tributaries flow. In 1990 the population in this sub-basin was estimated at ALBEMARLE RESTORATIONS, LLC. 2 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 58,886 people. Channelized headwaters of Deep Swamp Run have led to critical habitat loss in the watershed which is bordered by broad floodplain forests (DWQ, 2001). Deep Run Swamp is not within a DWQ water Supply Watershed, is not a Designated High Quality or Outstanding Resource Water, and has no presence of the Aquatic Natural Heritage Element. 5.0 Existing Site Conditions The Modlin farm consists of approximately 159 +/- acres, 40 of which are designated for this project site. These 40 acres are located within the central portion of the farm. This area is bisected by a deep drainage ditch that runs southwest from the property boundary, then curves toward the northwest, extending to the western property line, and is currently bordered by agricultural fields of the remaining Modlin farm to the north, south, and west, and timberland to the east. The Modlin residence is located to the northwest of the parcel and the surrounding area consists of residential, agricultural, and timberland properties. Degradation to the channel and surrounding areas by past agricultural activities, including channel straightening and planting of row crops up to the channel edges, allow excessive nutrient and sediment accumulation in the channel. These past activities have also served to reduce the flood flow attenuation capabilities of the historic undisturbed channel. Appendix C contains photographs taken during a recent site visit, showing the degradation of the channel and the proximity of tilled ground. The site is not located within a FEMA regulated floodplain, therefore floodplain requirements are not addressed in this restoration plan. 5.1 Soils Soils examined at several locations throughout the project site in fall of 2004 exhibited strong hydric indicators, including sulfitic odor and deep gray color to a depth of 18 inches. The majority of the site soils are mapped Bethera loam, with a small portion mapped Lenoir loam. Bethera loam is a poorly drained, nearly level soil which exhibits moderately slow to slow permeability and moderate to high available water capacity. The seasonal high water table is at or within 1 foot of the surface. Lenoir loam is somewhat poorly drained, nearly level, has slow permeability, and moderate available water capacity. During wet months, the seasonal high water table is at a depth of 1 to 2.5 feet. 5.2 Hydrology The project site is currently bisected by a drainage ditch created when the land was converted to cropland. The proposed design calls for the ditch to be filled and a broad flat drainage course to be created to mimic conditions found in riverine wetlands just below headwater areas. The hydrology of the project wetlands is to be derived from overbank flooding of the drainage course, supplemented by a high water table associated with the Bethera soils. The Bethera loam mapped on the site is classified as hydric with a seasonally high ALBEMARLE RESTORATIONS, LLC. 3 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 water table and low hydraulic conductivity which allows surface and subsurface water to be retained for long periods during the growing season. The Hydric Code for the soil is (1), meaning it is saturated for a significant period during the growing season. Based on historical accounts from the property owner the area was wetland prior to being cleared and ditched. Hydrology is similar to conditions at the reference site and wetland hydrology should be achieved quickly after the site grading is completed. 5.3 Adjoining Land Uses The topography of the project site is extremely flat, with slightly lower elevations on the western side at a tributary of Cooper Swamp. Properties to the east and northeast of the project site that are within the project site's drainage area are mapped as agricultural fields or timberland. 5.4 Threatened/Endangered Species and Existing Vegetation On August 23, 2005 a letter (see Appendix B) was sent by Albemarle Restorations, LLC to the U.S. Fish and Wildlife Service Ecological Services Office requesting a project review for coordination under the Endangered Species Act, the Fish and Wildlife Coordination Act, and the Migratory Bird Treaty Act. Albemarle Restorations, LLC received no response. A review of Martin County's Threatened and Endangered Species list showed only one threatened species, the Bald Eagle. Neither this species, nor its habitat, is currently found on the project site. The only existing vegetation within the project area consists of soybeans grown for agricultural purposes. The lines of trees that transected the project site, or "windrows" as Mr. Modlin referred to them, have been cleared. Any native vegetation present is incidental and on a scale that is not measurable for the purposes of this report. 5.5 Jurisdictional Wetlands A letter dated March 23, 2005 (see Appendix B) was received by Mr. Modlin from the United States Department of Agriculture Natural Resources Conservation Service in Williamston, NC. The letter states that the land in question was cleared for the planting of crops in the late 1970's, and is designated as Prior Converted Wetlands, making it exempt from any USDA regulations. Based upon field investigations and the above referenced Prior Converted ruling, it is our belief that no jurisdictional wetlands are found on the project site. A request for a formal Jurisdictional Determination by the COE has been made, and results of the Determination will be supplied when completed. ALBEMARLE RESTORATIONS, LLC. 4 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 5.6 Historic Preservation On September 8, 2005 Ecotone, Inc. received a letter (see Appendix B) from the North Carolina Department of Cultural Resources State Historic Preservation Office concerning the subject site. The letter states that the above agency is "aware of no historic resources which would be affected by the project." 6.0 Reference Wetlands Two separate wetlands, one in the Cooper Swamp drainage and the other in the Clark Mill Creek drainage (a tributary to the Pungo River watershed), were used as reference sites for this project. Site 1 is approximately 2,000 ft west of the intersection of Poplar Chapel Rd and the CSX Railroad. This intersection is a'/4 mile south of U.S. Highway 64, 1 mile east of Jamesville, NC. Site 2 is approximately 2,400 ft north of U.S. Route 264 on the Armstrong Property in Ponzer, Hyde County, NC. Site 1 is in Martin County, North Carolina and was sampled on February 10, 2006. This is a wetland site typical of a mid-age stand of mixed hardwoods and pine that would be found in wetlands throughout northeastern North Carolina. Site 2 is in Hyde County, and is a typical Cypress-Gum Riverine Wetland. 6.1 Hydrological Characterization The hydrology of site 1 is seasonally or semi-permanently inundated or saturated during the growing season. At site 2 the hydrology is best characterized as seasonally flooded or semi-permanently inundated. At both sites, the hydrology is derived from a combination of a high groundwater table, slow permeability, and overbank flooding. Microtopography variations create soil conditions at both sites ranging from inundation up to 18 inches to saturation at a depth of ten inches. 6.2 Soil Characterization The soils at site 1 were mapped Bethera loam, 0-2 percent slopes, and poorly drained. Field observations confirmed this mapped type. A profile of the soils at site 1 produced the following: Horizon A was found from a depth of 0-6 inches and was of a loam/organic nature. Horizon B occurred from a depth of 6-11 inches and was clay/loam in nature with a matrix color of IOYR 511, and mottle colors of 10YR 5/8. Mottles were common in abundance and distinct in contrast. Horizon 132 occurred from a depth of 9-18 inches and was also of a clay/loam nature with a matrix color of IOYR 511, and mottle colors of IOYR 6/8. Mottles were common in abundance and distinct in contrast. All colors described at this site are considered Munsell Moist. ALBEMARLE RESTORATIONS, LLC. a Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 The soils at reference site 2 were mapped Dorovan muck, 0-1 percent slopes, and frequently flooded. Field observations confirmed this mapped type. A profile of the soils at site 2 produced the following: The O Horizon was found from a depth of 0-3 inches and was of a loam/organic nature. Horizon A occurred from a depth of 3-9 inches and was silty loam with a matrix color of 10YR 3/1. Horizon B occurred from a depth of 9 inches on, and was silty clay with a matrix color of 10YR 4/1. Photographs for both reference sites can be found in Appendix C. 6.3 Plant Community Characterization At site 1, 95 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). Vegetation was dense in the shrub and canopy layers, with a typical understory for this area containing switch cane, pepper bush, and younger canopy species (red maple, sweet gum). The mid-level canopy was dominated by younger canopy species and shrub/scrub (sweet bay, wax myrtle). The canopy included loblolly pine, swamp white oak, water oak, pin oak, and red maple. See Appendix C for photographs of the site. At site 2, 100 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). The forest type was a middle-age mixed stand with the canopy dominated by bald cypress, and understory containing sweetgum, red maple, sweetbay magnolia, American holly, and loblolly pine. The shrub layer contained sweet bay, highbush blueberry, and fetter-bush with greenbriar and Japanese honeysuckle. See Appendix C for photographs. 7.0 Wetland Restoration Plan The goal of the proposed restoration plan is to create a riverine wetland system typically found in the middle to upper reaches of first order tributary systems. The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats, which will help provide a continuous forested and diverse greenway along the tributary. Any invasive or exotic species found on the site while earth work is being completed will be removed through physical or chemical means. 7.1 Hydrologic Modifications Hydrologic modifications on the site will be achieved through the filing of the main ditch bisecting the site and contributing side ditches, and creating a broad drainage course with a very low gradient (less than 0.5 percent slope) and an associated low floodplain. Overland flow from the 141-acre drainage area will inundate the entire area during major flooding events (see Appendix D for the HEC-RAS analysis of the site), and the seasonally high water table historically found on the site will maintain saturated soils throughout significant periods during the growing season. ALBEMARLE RESTORATIONS, LLC. 6 t Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 To add to the retention time of flooding events in the wetland area, microtopography will be used to create hummocks and depressions found in undisturbed swamps in the area and two low berm structures have been designed at the lower end of the system. The outfall from the system is in the center of the downstream berm structure, and will channel flood flows through a wide outfall into the existing ditch that will remain at the western edge of the property. A series of supplemental ditches, located outside the project area, will be installed to prevent hydrologic trespass onto adjacent cropland. 7.2 Soil Restoration Soils found in the project area currently exhibit hydric characteristics and will remain. In areas where grading of more than one and one-half feet is proposed, soil from the upper horizon will be stockpiled and redistributed prior to establishing final grade. Because sufficient organic material appears to be present to a significant depth, no amendments are specified. Large woody debris encountered in windrows currently within the project area will be placed throughout the created wetlands to add variety to soil conditions and encourage diversity of volunteer species. 7.3 Plant Community Restoration The plant species chosen for the project are native to the area, with an emphasis on species that will provide habitat and a viable, yearlong food source for a wide range of animal and plant species. Surrounding areas are home to bear, whitetail deer, raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species, and the project is intended provide food and habitat to complement and enhance the existing ecosystem. Hydrophytic species shown on the planting plan were selected to create a diverse matrix of wetland communities including Bottomland Hardwood Forest interspersed areas of open water and emergent wetland. Invasive and exotic species will not be planted on the site. Any invasive or exotic species found on the site will be removed through physical or chemical means during the planting phase. In selecting vegetation, we have considered the reference riverine wetland areas adjacent to the site and "Dominant Plants for Major Wetland Types" published by the North Carolina Department of Environment Water Quality Section. Sheet P-2 contains detailed planting and seeding schedules for the site. ALBEMARLE RESTORATIONS, LLC. 7 4 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4 Plant Material 7.4.1 Planting Specifications 1. Planting material will conform to the current issue of the "American Standards for Nursery Stock", published by the "American Association of Nurserymen". 2. The root system of plant material shall be well-developed and undamaged, and the plant size must conform to the size specified. Plants not meeting these criteria will be rejected. 3. Foliage of non-dormant plants shall appear healthy, with no leaf spots, damage, discoloration, or wilting, and no evidence of insects on the plant. Plants not meeting these criteria will be rejected. 4. Planting materials may be substituted upon written approval from Albemarle Restorations, LLC. 7.4.2 Storage and Delivery 1. Seed shall be delivered in containers having labels reporting the origin, purity, and germination percentage of the seed, and the date of germination testing of the seed. 2. All bare root plants shall be clearly and correctly labeled to allow confirmation of species and quantities. At least 25% of each species in every shipment shall have legible labels securely attached prior to delivery to the site. 3. All plants delivered to the project site must have thoroughly moist soil/root masses. Dry or light-weight plants shall be rejected. 4. All rejected material shall be immediately removed from the project site. 5. All plants delivered to the project site shall be stored in a cool, shaded location, and watered regularly so that roots are kept moist until time of planting. 7.4.3 Products 1. Planting Schedules specifying quantity, species, size, condition, and spacing can be found on Sheet P-2 of the Restoration Design Plan Sheets. 2. Straw shall be from small grain species such as wheat or barley, and shall be free of rot, mildew, and noxious weed seeds. ALBEMARLE RESTORATIONS, LLC. 8 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4.4 Planting Procedures 1. Planting shall be performed in accordance with the current edition of the Landscape Contractors Association "Landscape Specification Guidelines" and as specified below. 2. Plants shall be randomly installed within the planting area, using the plant spacing specified in the plant schedule as a guide. 3. Bare root stock shall be planted during the period of February 1 - April 30. Planting outside of these specified dates is not permissible without approval from Albemarle Restorations, LLC. 4. Planting shall not occur during periods of sub-freezing temperatures, when the ground is frozen or excessively wet or dry, or when other conditions not generally accepted as suitable for planting persist. 5. Bare root stock shall be planted within two days of shipment. 6. Bare root seedlings and whips shall be minimum 1/4" to 1/2" caliper. 7. Bare root seedlings and whips shall be planted in accordance with the detail provided on Sheet P-2 of the Restoration Design Plan Sheets unless otherwise approved by Albemarle Restorations, LLC. 8. All woody material must be planted erect. Plants leaning greater than 10 degrees from perpendicular must be straightened or replanted by the Contractor. 7.4.5 Maintenance and Guarantee 1. Plant material shall be maintained by the Contractor for one full year from the date of final inspection and acceptance by Albermarle Restorations, LLC. Maintenance shall include the removal and one-time replacement of all dead or diseased woody vegetation. 2. The Contractor shall guarantee an 80% survival of all plants for the one year period stated above, except in the case of damage by fire, animal damage, vandalism, or other events beyond the Contractors ability to control. 3. Plants which are 25% dead or more shall be considered dead. 4. Replacement plants shall be of the same type, size, and variety as the plants specified herein, or substitutions approved by Albermarle Restorations, LLC. Replacement plants shall be provided and installed subject to the requirements of these plans and specifications. 7.5 Seeding 7.5.1 Final Grading 1. Prior to seeding, remove any mounds or surface irregularities not in conformance with grading plan. Areas that have experienced washing out, ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 rilling, or sediment deposition shall be reconstructed and grades re- established by the Contractor in accordance with the plan or as otherwise directed by Albemarle Restorations, LLC. 2. After bringing the wetland creation area to final grades, loosen soil by discing or scarifying to a depth of at least 3 inches. 3. Prior to seeding, remove all trash, debris and large objects such as stones that might interfere with the seeding operation. 4. Seeding of wetland areas is to be according to the Wetland Seed Mix detail on Sheet P-2 of the Restoration Design Plan Sheets. Seed shall be spread with a broadcast spreader and may be mixed with dry sand to facilitate even spreading. 7.5.2 Soil Amendments 1. Soil tests must be performed to determine if lime and/or fertilizer are required within seeding areas. Soil analysis may be performed by the N.C. Department of Agriculture and Consumer Services Agronomic Division or a recognized commercial laboratory. 2. Amend soil as needed based on N.C. Department of Agriculture and Consumer Services Agronomic Division recommendations. 7.5.3 Seedbed Preparation 1. Seedbed preparation shall consist of loosening soil to a depth of 3-5" by means of suitable agricultural or construction equipment such as disc harrows or chisel plows or rippers mounted in construction equipment. After the soil is loosened it should not be rolled or dragged smooth but left in the roughened condition. Sloped areas (Exceeding 3:1) should be tracked leaving an irregular surface with ridges running parallel to the contour of the slope. 2. Apply fertilizer and lime if required. 3. If required, incorporate lime and fertilizer into the top 3-5" of soil by disking or other suitable means. 7.5.4 Seed Specification All seed shall be free of noxious weeds. All seed shall be subject to re- testing by a recognized seed laboratory. All seed shall have been tested within the 6 months immediately preceding the date of sowing such materials on this job. Seed tags shall be made available to the inspector to verify type and rate of seed used. ALBEMARLE RESTORATIONS, LLC. 10 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.5.5 Methods of Seeding 1. Dry seeding: This includes use of conventional drop or broadcast spreaders. a) Seed spread dry shall be incorporated into the subsoil at the rates prescribed on the temporary or permanent seeding summaries or tables 25 or 26. The seeded areas shall then be rolled with a weighted roller to provide good seed to soil contact. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 2. Drill or cultipacker seeding: Mechanized seeders that apply and cover seed with soil. a) Cultipacking seeders are required to bury the seed in such a fashion as to provide at least 1 /4 inch of soil covering. Seedbed must be firm after planting. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 8.0 Monitoring Monitoring plots will be installed and permanently monumented upon completion of plant installation. A minimum of one sampling quadrant will be located within each proposed vegetative community. Piezometers will be installed to measure subsurface water levels during the five-year monitoring period. Following construction, a Mitigation Plan and As Built Drawings will be prepared for the site and submitted to EEP. The Mitigation Plan will include the monitoring plan and protocol, as well as an invasive and exotic species management plan. The management plan will identify potential invasive species as defined in the "North Carolina Noxious Weed List", identify site constraints, and provide for a two-part control plan. The first part of the two-part plan will suppress the establishment of noxious plants through eradication of existing species seen on site and installation of sufficient densities of native woody and herbaceous species. The second part will be to implement an early detection and rapid response program, to identify and remove invasive species before they become established. Monitoring will be completed using random permanent sampling quadrants as outlined in the Mitigation Plan for a minimum five-year period, or until success of the project can be validated. Monitoring Reports will be submitted to EEP by December 31 of the year in which the monitoring was conducted. In the unlikely event that success criteria outlined below are not achieved by the end of the five-year minimum monitoring period, with permission from EEP corrective measures including regrading, replanting, removal of certain species, etc. will be performed. If areas are deemed to be severely deficient in meeting the success criteria, Albemarle Restoration, LLC may opt to ask the Department to allow corrective measures prior to the end of the five-year period. ALBEMARLE RESTORATIONS, LLC. 11 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 9.0 Success Criteria: Success of the project will go beyond the establishment of wetland hydrology and a predominance of hydrophytic vegetation. Because the goals of the project are to create a diverse wetland system, the success criteria will be tied directly to those goals. The intent of the project is to create a diverse wetland forest, interspersed with small areas of emergent wetlands, shallow open water, and hummocks. We believe that the creation of this diverse system is necessary to provide the range of intended functions and values. The primary indicators of success will therefore be the establishment of a range of wetland hydrology including inundated, saturated, seasonally saturated, and upland hummock areas. Approximate acreages for each wetland hydrologic regime are shown on Sheet P-1 of the Restoration Design Plan Sheets. The site will be deemed successful if the acreages of each regimes fall within a reasonable range related to the design during normal climatic conditions. Site hydrology during years of excessive rainfall or extreme drought will be assessed with climatic conditions in mind. 10.0 References Albemarle Restorations, LLC. . Albemarle Restorations field data collection within Martin County, North Carolina. 2005. American Association of Nurserymen. The American Standard for Nursery Stock. 1250 I Street, N.W., Suite 500, Washington, DC. 1986. Landscape Contractor's Association of Metropolitan Washington. Landscape Specification Guidelines. LCAMW. Rockville, Maryland. 1993. Lynch, Karen M. "Common Wetland Plants of North Carolina." NCDENR, Division of Parks and Recreation Department of Environment, Health and Natural Resources Division of Water Quality Water Quality Section. Raleigh, North Carolina: Report # 97-01, August 1997. McGill, S. "Technical Proposal Bid Number 16-DO5024 Modlin Property." Albermarle Restorations, LLC. Gatesville, North Carolina. 2005. North Carolina Department of Agriculture and Consumer Services Plant Industry Division-Plant Protection Section. "North Carolina Noxious Weed List." http://www.agr.state.nc.us/plantind/plant/weed/noxweed.htm. September 2005. NCDENR, Division of Coastal Management. "GIS Wetland Type Mapping for the North Carolina Coastal Plain." GIS Data Guidance Document. http://dcm2.enr.state.nc.us/Wetlands/wtypetuidanceweb.pdf. September 2005. ALBEMARLE RESTORATIONS, LLC. 12 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality. "Roanoke River Basinwide Water Quality Management Plan." July, 2001. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Animal Species of North Carolina." 1999. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Plant Species of North Carolina." 1999. North Carolina Wetlands Restoration Program. "Watershed Restoration Plan for the Roanoke River Basin." North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality. 2001. Riddick, Lisa A. "Phase I Environmental Site Assessment Modlin Property, Poplar Chapel Road Jamesville, Martin County, North Carolina." NorthEast Environmental, P.C. October 10, 2005. United States Department of Agriculture Natural Resources Conservation Service. "Martin County Soil Survey." September, 1989. United States Fish and Wildlife Service. "Martin County Endangered Species, Threatened Species, and Federal Species of Concern." http://nc- es.fws.gov/es/cntylist/martin.html. September 2005. ALBEMARLE RESTORATIONS, LLC. 13 j 141.E it R iROrmAm June 13, 2006 Albemarle Restorations, LLC Attn: Ed Temple 404 Court Street Gatesville, North Carolina 27938 Subject: Modlin Property Wetland Restoration Plan Roanoke River Basin - Cataloging Unit 03010107 Martin County Contract # D05024-1 Dear Mr. Temple: In May 2006, Albemarle Restorations, LLC submitted the subject Restoration Plan for the Modlin Property Wetland Restoration Full Delivery Project. The project is located off Poplar Chapel Road near the Town of Jmesville in Martin County, North Carolina. The Restoration Plan proposes to restore 40.0 acres of prior converted cropland by restoring wetland hydrology and planting appropriate vegetation to establish a bottomland hardwood forest. The restored system will mimic the conditions found in riverine wetlands just below headwater areas. The Ecosystem Enhancement Program (EEP) has reviewed the restoration plan and has no comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). If you have any questions, or wish to discuss this matter further, please contact me at (919)715- 1656 or email at guy.pearce@ncmail.net. Sincerely, Guy C. Pearce EEP Full Delivery Program Supervisor cc: files L..-01 't'lA dib/ ... Pri?' t ezt l: U? 0 6/19 r Ral a M ?A Uw'I States Oepa bumf of Agrica tune o BRCS Natural Resources Conservatlon'SeMce 104 Kehukee Park Road Willtamston, N.C. 27892 March 23, 2005 Mr. William N. Modlin 1841 Poplar Chapel Road Jamesville, NC 27846 Dear Billy, I have reviewed the soils maps on your tract 2087 of Poplar Chapel Road as it relates to wetland classifications within USDA. The acreage proposed for the conservation easement is comprised of Bethera loam soil and was cleared for row crops in the late 1970's prior to the swampbuster provision's of the 1985 Food Security Act. Therefore this area of approximately 120 acres is classed as Prior Converted Wetlands (PC) and is exempt from any USDA regulations. Good luck on the wildlife enhanpements that may be planned. Sincerely, vv Rtup W. Hasty District Conservationist USDA - NRCS encl: Soils Map Tract Map 156 EZ The Natural Resources Conservation Service provides leadership In a partnership effort to help people conserve, maintain, and improve our natural resources and environment. 0d0 v North Carolina Department of Cultural Resources State Historic Preservation Office P B. SoWbc*. A&WAMM or office of Archives and History Michael Easley, Governor Division of Historic id Rem= I.isbetit C. Evans, Secretary David Brook, Director Jeffrey I Crow, Deputy Sac ofary September 8, 2005 Scott McGill Ecotone, Inc PO Box 5 Jarrettsville, MD 21084 Re: Moulin Property, Cooper Swamp Fame, Martin County, ER05-2015 Dear Mr. McGill;- Thank you for your letter of August 25, 2005s concerning the above project" We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. ThanIc you for your cooperation and considemfion. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, enta review coordinator, at 919-733-4763. In all future number communication concerning this project, pieces cite the above-referenced ttackwg n Sincerely, P er Sandbeck - ?_ 8mvioe GeoDnr.ltakigb NC 27699" 617 17 (919(919)733-4763!733-"Dj 13517.4 507 NM tBoad l?rsat. Rata 1 4617 4617 MA 7 4WI Sarioe Carter Rdd# NC X169946E01 AW41NISTRATION RESTORATION 513 N. Blwnt Starer. Rd do NC 46171 A?it Snvioe Ot+ttMr: Raleigh 11C 27 9L"17 (419))M45733654451715-48Q1 SURVEY & PLANNING 515 N. Blond Sheet. Rdeizk Me Q o m ?o 4VI ? I O ? ?, N Fp,GP Q" ? ??? i ? i I / I ? I I _l - - - MAIry sr I 64 JAMESVILLE EWAH LEE RD o\ ? COOPER - c4 ?I?UA ?Z? M -. PROJECT AREA SW p---- o J _ a / I I R? u II II ? ?- -_ F,?o H ry \ h II I I NIE SCALE 0 40W 8000 EXHIBIT A ECOTONE, INC Vicinity Map MODUN PROPERTY RIVERINE WETLAND RESTORATION 40 WMU's P.O. Box s • 1204 Baldwin Mill Rood - jamettsvllk, M.ryi.nd 210x+ Scale: 1" = 4000' 1/2005 Drawn By: LMS (410) 692.7500 • Fax (410) 692.7503 • E-Mail infolaotonsinumn Z m N ? M 'C B gg 2 Q d' CD •a? *le m C m •0 w x y C p .Q oil l do •?u J - 'Ac -30 g A S E - 10-4 Z 0 g O P 00 C p ?? ? Z e ?ZZ Z 8 'g SJ ?'Ua?oe$ ??tQ (? WZWPN Jill, cp n.601?L LLJ Z z O Q hp I N?ma E$?£L.. a o W ` I__I? 0 i m U a Z ?,y W J ? n yC ? W o LU tJ c, CG N 3 W W W N O o a J Z G 0 C ss 9 = $ N d t i o ..,gyp v z U ^ 1+ UJ ? fV n d v Z Ur) O ? W ? W (i 'l ? E *l ? ? 4 p? Z S 5 0 ""' 1 ? d til .c ? U U al ? ? 0 T Z - a' ? V - u 3 ? LM 8 N 11 op?l r\ m? 1•T?r `L, w'?N ? } Y y - • y ty t Af? Y i W O Ir ? Cf) W AlE i . z? r--? o w fo' C W rO F--1 Fri r? F-?1 f n :v? U4 t '"'d 94 ? ?y'r yy ?A 1 h, l?r ;e?W^t y c Yi ` t W ? Y ' u j i! (. ?' F r w .? K' f??y O .r ? .1 Z!S a Exhibit D 3 E ? t€ t i 11? J i , i r{:: i• y' SVR' r � � . ► 11 in , �''�r � _ P W Photo 4: Wooded parcel adjacent to Riverine Wetland Restoration Area. " ECOTONE, Inc. FOREST AND WETLAND CREATION RIVER RESTORATION ENVIRONMENTAL CONSULTING AND PERMITTING PONDS AND STREAMS CONSTRUCTION June 14, 2006 Ms. Cyndi Karoly 401 Unit Supervisor 2321 Crab Tree Boulevard Raleigh, NC 27699 RE: Modlin Property Wetland Restoration Dear Ms. Karoly: Ecotone, Inc., on behalf of our client, Albemarle Restorations, LLC, is requesting 401 State Water Quality Certification to restore 40 acres of riverine wetlands on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. Albemarle Restorations, LLC has contracted with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program to restore 40 acres of prior converted cropland. The project involves minor grading and shaping to restore wetland hydrology as well as an extensive planting plan. A variety of wetland types, including bottomland hardwood, scrub shrub, and emergent wetland types are proposed to maximize habitat diversity. A conservation easement has been recorded to protect the constructed wetlands in perpetuity. A small ditch traverses the center of the project area and carries intermittent flow across the property. This ditch will be temporarily impacted by the proposed grading activities. The foot print of the ditch will be converted to vegetated nontidal wetlands. We anticipate the Corps of Engineers will verify that the project is authorized under the Nationwide Permit #27, Wetland and Riparian Restoration and Creation, and therefore qualifies for General Water Quality Certification GC3495. Enclosed please find seven (7) copies of the following: • Completed Pre-Construction Notification Application Form; • Wetland Restoration Plan Narrative; • Wetland Restoration Plan Sheets; • EEP Approval Letter; • USDA-NRCS Prior Converted Wetlands Letter; • Letter from the State Historical and Preservation Office; • Exhibit A - Vicinity Map; P.O. BOX 5, 12Q4 BALDWIN MILL ROAD JARRETTSVILLE, MARYLAND 21084 D \?VII 1l (410) 692-7500 FAX (410) 692-7503 '??Iry 1 `jl)l1? --.rte .ufro? xtlb ?T Ms. Cyndi Karoly Modlin Property Wetland Restoration June 14, 2006 Page 2 of 2 • Exhibit B - Project Area in Relation to Sub-basin; • Exhibit C - Project Area in Relation to Existing Forests; and • Exhibit D - Photographs. Thank you for taking the time to review this application and please contact me if you have any questions or concerns. Sincerely, ;Ec o to e, Inc. ott McGill Principal Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 1 (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 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 here: ? II. Applicant Information (=3 ?_.,?V D Lam,. . 1. Owner/Applicant Information JUN 1 ? Z006 Name: Albemarle Restorations Mailing Address: P.O. Box 204 WATER QP.AU9-ww Gatesville NC 27938 WETL"Sf N° Contact: Mr. Scott McGill Telephone Number: (252) 333-0249 Fax Number: (252) 357-4892 E-mail Address: smc ig l?ecotoneinc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Scott McGill Company Affiliation: Ecotone Inc. Mailing Address: P.O. Box 5,1204 Baldwin Mill Road Jarrettsville MD 21084 Telephone Number: (410) 692-7500 Fax Number: (410) 692-7500 E-mail Address: smcgill(a,ecotoneinc.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Modlin Property Wetland Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0102371 4. Location County: Martin Nearest Town: Jamesville Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): Located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina 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): 35°47'55.16" °N 76°51'32.87" °W 6. Property size (acres): Approximately 159 acres 7. Name of nearest receiving body of water: Cooper Swamp 8. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enE.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently used for agricultural pqWoses Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The project will restore 40 acres of riverine wetlands with a mix of bottomland hardwood, scrub shrub and emergent wetland types The restoration plans have been developed based on reference wetlands The project will involve minor grading and shaping, averaging less than 1 foot of cut/fill to restore wetland hydrology to the agricultural fields. Equipment that will be used on site during construction may include excavators dozers, loaders, track trucks, and other standard excavation equipment 11. Explain the purpose of the proposed work: The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats which will help provide a continuous forested and diverse greenway along the tributary Mitigation credits generated will be utilized by the Ecosystem Enhancement Program to offset compensatory mitigation requirements with Roanoke River Basin Cataloging unit 03010107. 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.N/A The project area is prior converted cropland See attached letter from NRCS. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No the project site is protected in perpetuity through the recordation of a conservation easement in the Land Records of Martin County North Carolina. 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 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The existing ditch acting as a stream is to be filled to create the desired hydrophytic conditions present in a diverse wetland system Impacts to the ditch will be temporary since the ditch area will be converted to wetlands. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se aratel list impacts due to both structure and floodin . Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) NONE Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact linear feet acres I Ditch draining to Conversion to Wetlands Intermittent 7.5 if +/- 2,950 if +/- .5 ac Cooper Swamp (temporary) Page 8 of 13 Total Stream Impact (by length and acreage) I +/- 2,950 if I +1-_.5 ac 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation. dredQine. flooding. drainaue, 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 NONE Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): +1-.5 Wetland Impact acres : 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) +1-.5 Total Stream Impact (linear feet): +/-2,950 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 9 of 13 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. The proposed impacts are temporary and beneficial to the wetland resource and its watershed. The project will restore wetland hydrology to 40 acres of prior converted cropland. The conversion of ditch to wetland will reduce erosion enhance nutrient uptake and provide beneficial wildlife habitat. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application 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/strmgide.html. 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 Page 10 of 13 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed project will create 40 acres of Riverine Wetlands within the Roanoke River Basin A conservation easement will preserve the site in,perpetuity See Modlin Site Riverine Wetland Project for specific details and information. 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 (919) 715-0476 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) 1. 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 (919) 733-5083 to review current thresholds for environmental documentation. 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 Page 11 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact I Multiplier I Required f--- c e«' ra ,,.; .., 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A 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 No proposed impervious surfaces. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Page 12 of 13 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: The project is designed to increase the quality of water downstream of the site. 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). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) Modlin Property Restoration Plan Narrative Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Table of Contents 1.0 Introduction ..................................................................................1 2.0 Project Goals and Objectives ..............................................................2 3.0 Site Location .........................................................................................2 4.0 General Watershed Description ...........................................................2 5.0 Existing Site Conditions ...................................................................3 5.1 Soils .............................................................................................................3 5.2 Hydrology ............................................................................ 5.3 Adjoining Land Uses ...............................................................4 5.4 Threatened/Endangered Species and Existing Vegetation ....................4 5.5 Jurisdictional Wetlands .............................................................. 5.6 Historic Preservation ................................................................. 6.0 Reference Wetlands .........................................................................5 6.1 Hydrological Characterization .................................................. .5 6.2 Soil Characterization ............................................................. ..5 6.3 Plant Community Characterization ..............................................6 7.0 Wetland Restoration Plan .................................................................6 7.1 Hydrologic Modifications .........................................................6 7.2 Soil Restoration ................................................................... ..7 7.3 Plant Community Restoration ................................................... .. 7.4 Plant Material ..................................................................... ..8 7.4.1 Planting Specifications ....................................................8 7.4.2 Storage and Delivery ......................................................8 7.4.3 Products .....................................................................8 7.4.4 Planting Procedures ...................................................... ..9 7.4.5 Maintenance and Guarantee ..............................................9 7.5 Seeding ..............................................................................9 7.5.1 Final Grading ...............................................................9 7.5.2 Soil Amendment ............................................................. 10 7.5.3 Seedbed Preparation ...................................................... 10 7.5.4 Seed Specification ........................................................ 10 7.5.5 Method of Seeding ....................................................... 11 8.0 Monitoring ................................................................................. 11 9.0 Success Criteria .......................................................................... 12 10.0 References .................................................................................. 12 11.0 Restoration Plan Sheets ................................................................. 14 Appendix A - Figures Appendix B - Supporting Documents Recorded Easement USDA Exemption Historic Preservation Threatened/Endangered Species Appendix C - Photographs Appendix D - Hydraulic and Hydrolgic Analysis (H&H Study) ALBEMARLE RESTORATIONS, LLC. a Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Modlin Property Riverine Wetland Mitigation 1.0 Introduction The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program has selected 40 acres of the property owned by William Nathan Modlin for wetland restoration to fulfill a portion of the Request for Proposals: Full Delivery Project Roanoke River Basin. The purpose of the RFP is to provide compensatory stream, wetland and/or buffer mitigation within the Roanoke River Basin Catologing Unit 03010107. The Request for Proposal has been designated RFP 16- D05024 and the closing date for the request was February 17, 2005. Albemarle Restorations, LLC entered into a contract with the State of North Carolina on June 27, 2005 to deliver 40 wetland mitigation units within this project site (Contract No. D05024- 1). Albemarle Restorations, LLC proposes to create 40 acres of riverine wetlands (40 Wetland Mitigation Units) on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. The project site is in the above referenced watershed and is in close proximity to Cooper Swamp. In addition, the site is within 1.5 miles of the Roanoke River and is within the required 5-year floodprone area. The site has been chosen in part because of its location in a targeted watershed and because it provides the opportunity to add contiguous wetland forest to the extensive and diverse Roanoke River floodplain forest. The project's location in the Lower Roanoke River Sub-basin (Sub-basin 03-02-09) allow the 40 acres to be placed in a conservation easement to join more than 55,000 acres of protected land in the watershed, including 34,000 acres of publicly owned land and 21,000 acres of timberland under conservation management. In addition, the project is located in a watershed upstream from the Roanoke River (Sub-basin 03-02-09), which is listed on the North Carolina 303(d) List of impaired waterways. The Lower Roanoke River Sub-basin is also one of seven priority targets for The Nature Conservancy in North Carolina. This project site has been selected because of the soils present, and a very shallow depth to groundwater (indicated by extensive past ditching). Previous site visits have revealed high water marks from frequent overbank flooding and widespread wet soil conditions. These factors indicate that minimal grading will be necessary, and that the desired hydrophytic vegetation to be planted will thrive. An unnamed tributary to Cooper Swamp flows through the property, which is currently used for agricultural purposes with very little native vegetation present. The conversion of this site from agricultural use to established riverine wetlands will create a nearly unbroken forested buffer along the entire tributary, making this a practical and environmentally beneficial restoration project. ALBEMARLE RESTORATIONS, LLC. 1 I Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 2.0 Project Goals and Objectives The restoration plans have been developed based on reference wetlands and utilizing the 50 years of combined wetland restoration experience brought forth by the principals of Albemarle Restorations, LLC. The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area. Beyond that, the goals and objectives are as follows: 1) Provide floodflow attenuation. 2) Water Quality improvement through sediment, toxicant, and nutrient retention and reduction. 3) Slow over bank flow rates and provide storage and desynchronization of flood waters. 4) Alleviate downstream flooding issues by lessening the effect of pulse or flashy flows. 5) Provide shading through forest cover to reduce algae growth and associated low dissolved oxygen levels in surface water moving through the site. 6) The production and export of food sources. 7) The creation of wildlife habitat and recreational opportunities. 3.0 Site Location The 40-acre project site is located in the center of the Modlin property, also known as Cooper Swamp Farm, in the Deep Run Swamp Watershed (USGS Catalog Unit 03010107150010), a Targeted Local Watershed in the 2001 "Watershed Restoration Plan for the Roanoke River Basin" released by the North Carolina Wetlands Restoration Program. The restoration site lies along the mid and upper reaches of an unnamed tributary to Cooper Swamp found on the +/- 159-acre Modlin property. The site is accessed from Poplar Chapel Road, south of Jamesville, via and existing farm lane serving the Modlin and adjoining properties. Figure 1 is a vicinity map found in Appendix A. Downstream from the site, the tributary runs almost entirely through wooded areas containing extensive wetlands before joining the main stem of Cooper Swamp. Above the site, the headwaters and upper reaches of the tributary are located in forested and forested wetland areas. The tributary and the proximity of the site to nearby forested areas on the most recent available GIS air photos of the area are shown on Figure 2 in Appendix A. 4.0 General Watershed Description The project site is located in Targeted Local Watershed 50010, Deep Swamp Run, which lies in Sub-basin 03-02-09, the Lower Roanoke River. The following information was extrapolated from the "Watershed Restoration Plan for the Roanoke River Basin, 2001." Forested land constitutes 71% of the land in Sub-basin 03-02-09, while 25% is agricultural in this 559 square mile area through which the lower 83 miles of the Roanoke River and its tributaries flow. In 1990 the population in this sub-basin was estimated at ALBEMARLE RESTORATIONS, LLC. 2 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 58,886 people. Channelized headwaters of Deep Swamp Run have led to critical habitat loss in the watershed which is bordered by broad floodplain forests (DWQ, 2001). Deep Run Swamp is not within a DWQ water Supply Watershed, is not a Designated High Quality or Outstanding Resource Water, and has no presence of the Aquatic Natural Heritage Element. 5.0 Existing Site Conditions The Modlin farm consists of approximately 159 +/- acres, 40 of which are designated for this project site. These 40 acres are located within the central portion of the farm. This area is bisected by a deep drainage ditch that runs southwest from the property boundary, then curves toward the northwest, extending to the western property line, and is currently bordered by agricultural fields of the remaining Modlin farm to the north, south, and west, and timberland to the east. The Modlin residence is located to the northwest of the parcel and the surrounding area consists of residential, agricultural, and timberland properties. Degradation to the channel and surrounding areas by past agricultural activities, including channel straightening and planting of row crops up to the channel edges, allow excessive nutrient and sediment accumulation in the channel. These past activities have also served to reduce the flood flow attenuation capabilities of the historic undisturbed channel. Appendix C contains photographs taken during a recent site visit, showing the degradation of the channel and the proximity of tilled ground. The site is not located within a FEMA regulated floodplain, therefore floodplain requirements are not addressed in this restoration plan. 5.1 Soils Soils examined at several locations throughout the project site in fall of 2004 exhibited strong hydric indicators, including sulfitic odor and deep gray color to a depth of 18 inches. The majority of the site soils are mapped Bethera loam, with a small portion mapped Lenoir loam. Bethera loam is a poorly drained, nearly level soil which exhibits moderately slow to slow permeability and moderate to high available water capacity. The seasonal high water table is at or within 1 foot of the surface. Lenoir loam is somewhat poorly drained, nearly level, has slow permeability, and moderate available water capacity. During wet months, the seasonal high water table is at a depth of 1 to 2.5 feet. 5.2 Hydrology The project site is currently bisected by a drainage ditch created when the land was converted to cropland. The proposed design calls for the ditch to be filled and a broad flat drainage course to be created to mimic conditions found in riverine wetlands just below headwater areas. The hydrology of the project wetlands is to be derived from overbank flooding of the drainage course, supplemented by a high water table associated with the Bethera soils. The Bethera loam mapped on the site is classified as hydric with a seasonally high ALBEMARLE RESTORATIONS, LLC. 3 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 water table and low hydraulic conductivity which allows surface and subsurface water to be retained for long periods during the growing season. The Hydric Code for the soil is (1), meaning it is saturated for a significant period during the growing season. Based on historical accounts from the property owner the area was wetland prior to being cleared and ditched. Hydrology is similar to conditions at the reference site and wetland hydrology should be achieved quickly after the site grading is completed. 5.3 Adjoining Land Uses The topography of the project site is extremely flat, with slightly lower elevations on the western side at a tributary of Cooper Swamp. Properties to the east and northeast of the project site that are within the project site's drainage area are mapped as agricultural fields or timberland. 5.4 Threatened/Endangered Species and Existing Vegetation On August 23, 2005 a letter (see Appendix B) was sent by Albemarle Restorations, LLC to the U.S. Fish and Wildlife Service Ecological Services Office requesting a project review for coordination under the Endangered Species Act, the Fish and Wildlife Coordination Act, and the Migratory Bird Treaty Act. Albemarle Restorations, LLC received no response. A review of Martin County's Threatened and Endangered Species list showed only one threatened species, the Bald Eagle. Neither this species, nor its habitat, is currently found on the project site. The only existing vegetation within the project area consists of soybeans grown for agricultural purposes. The lines of trees that transected the project site, or "windrows" as Mr. Modlin referred to them, have been cleared. Any native vegetation present is incidental and on a scale that is not measurable for the purposes of this report. 5.5 Jurisdictional Wetlands A letter dated March 23, 2005 (see Appendix B) was received by Mr. Modlin from the United States Department of Agriculture Natural Resources Conservation Service in Williamston, NC. The letter states that the land in question was cleared for the planting of crops in the late 1970's, and is designated as Prior Converted Wetlands, making it exempt from any USDA regulations. Based upon field investigations and the above referenced Prior Converted ruling, it is our belief that no jurisdictional wetlands are found on the project site. A request for a formal Jurisdictional Determination by the COE has been made, and results of the Determination will be supplied when completed. ALBEMARLE RESTORATIONS, LLC. 4 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 5.6 Historic Preservation On September 8, 2005 Ecotone, Inc. received a letter (see Appendix B) from the North Carolina Department of Cultural Resources State Historic Preservation Office concerning the subject site. The letter states that the above agency is "aware of no historic resources which would be affected by the project." 6.0 Reference Wetlands Two separate wetlands, one in the Cooper Swamp drainage and the other in the Clark Mill Creek drainage (a tributary to the Pungo River watershed), were used as reference sites for this project. Site 1 is approximately 2,000 ft west of the intersection of Poplar Chapel Rd and the CSX Railroad. This intersection is a t/4 mile south of U.S. Highway 64, 1 mile east of Jamesville, NC. Site 2 is approximately 2,400 ft north of U.S. Route 264 on the Armstrong Property in Ponzer, Hyde County, NC. Site 1 is in Martin County, North Carolina and was sampled on February 10, 2006. This is a wetland site typical of a mid-age stand of mixed hardwoods and pine that would be found in wetlands throughout northeastern North Carolina. Site 2 is in Hyde County, and is a typical Cypress-Gum Riverine Wetland. 6.1 Hydrological Characterization The hydrology of site 1 is seasonally or semi-permanently inundated or saturated during the growing season. At site 2 the hydrology is best characterized as seasonally flooded or semi-permanently inundated. At both sites, the hydrology is derived from a combination of a high groundwater table, slow permeability, and overbank flooding. Microtopography variations create soil conditions at both sites ranging from inundation up to 18 inches to saturation at a depth of ten inches. 6.2 Soil Characterization The soils at site 1 were mapped Bethera loam, 0-2 percent slopes, and poorly drained. Field observations confirmed this mapped type. A profile of the soils at site 1 produced the following: Horizon A was found from a depth of 0-6 inches and was of a loam/organic nature. Horizon B occurred from a depth of 6-11 inches and was clay/loam in nature with a matrix color of IOYR 511, and mottle colors of 10YR 5/8. Mottles were common in abundance and distinct in contrast. Horizon 132 occurred from a depth of 9-18 inches and was also of a clay/loam nature with a matrix color of IOYR 5/1, and mottle colors of 10YR 6/8. Mottles were common in abundance and distinct in contrast. All colors described at this site are considered Munsell Moist. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 The soils at reference site 2 were mapped Dorovan muck, 0-1 percent slopes, and frequently flooded. Field observations confirmed this mapped type. A profile of the soils at site 2 produced the following: The O Horizon was found from a depth of 0-3 inches and was of a loam/organic nature. Horizon A occurred from a depth of 3-9 inches and was silty loam with a matrix color of 10YR 3/1. Horizon B occurred from a depth of 9 inches on, and was silty clay with a matrix color of l OYR 4/1. Photographs for both reference sites can be found in Appendix C. 6.3 Plant Community Characterization At site 1, 95 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). Vegetation was dense in the shrub and canopy layers, with a typical understory for this area containing switch cane, pepper bush, and younger canopy species (red maple, sweet gum). The mid-level canopy was dominated by younger canopy species and shrub/scrub (sweet bay, wax myrtle). The canopy included loblolly pine, swamp white oak, water oak, pin oak, and red maple. See Appendix C for photographs of the site. At site 2, 100 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). The forest type was a middle-age mixed stand with the canopy dominated by bald cypress, and understory containing sweetgum, red maple, sweetbay magnolia, American holly, and loblolly pine. The shrub layer contained sweet bay, highbush blueberry, and fetter-bush with greenbriar and Japanese honeysuckle. See Appendix C for photographs. 7.0 Wetland Restoration Plan The goal of the proposed restoration plan is to create a riverine wetland system typically found in the middle to upper reaches of first order tributary systems. The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats, which will help provide a continuous forested and diverse greenway along the tributary. Any invasive or exotic species found on the site while earth work is being completed will be removed through physical or chemical means. 7.1 Hydrologic Modifications Hydrologic modifications on the site will be achieved through the filing of the main ditch bisecting the site and contributing side ditches, and creating a broad drainage course with a very low gradient (less than 0.5 percent slope) and an associated low floodplain. Overland flow from the 141-acre drainage area will inundate the entire area during major flooding events (see Appendix D for the HEC-RAS analysis of the site), and the seasonally high water table historically found on the site will maintain saturated soils throughout significant periods during the growing season. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetiand Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 To add to the retention time of flooding events in the wetland area, microtopography will be used to create hummocks and depressions found in undisturbed swamps in the area and two low berm structures have been designed at the lower end of the system. The outfall from the system is in the center of the downstream berm structure, and will channel flood flows through a wide outfall into the existing ditch that will remain at the western edge of the property. A series of supplemental ditches, located outside the project area, will be installed to prevent hydrologic trespass onto adjacent cropland. 7.2 Soil Restoration Soils found in the project area currently exhibit hydric characteristics and will remain. In areas where grading of more than one and one-half feet is proposed, soil from the upper horizon will be stockpiled and redistributed prior to establishing final grade. Because sufficient organic material appears to be present to a significant depth, no amendments are specified. Large woody debris encountered in windrows currently within the project area will be placed throughout the created wetlands to add variety to soil conditions and encourage diversity of volunteer species. 7.3 Plant Community Restoration The plant species chosen for the project are native to the area, with an emphasis on species that will provide habitat and a viable, yearlong food source for a wide range of animal and plant species. Surrounding areas are home to bear, whitetail deer, raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species, and the project is intended provide food and habitat to complement and enhance the existing ecosystem. Hydrophytic species shown on the planting plan were selected to create a diverse matrix of wetland communities including Bottomland Hardwood Forest interspersed areas of open water and emergent wetland. Invasive and exotic species will not be planted on the site. Any invasive or exotic species found on the site will be removed through physical or chemical means during the planting phase. In selecting vegetation, we have considered the reference riverine wetland areas adjacent to the site and "Dominant Plants for Major Wetland Types" published by the North Carolina Department of Environment Water Quality Section. Sheet P-2 contains detailed planting and seeding schedules for the site. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4 Plant Material 7.4.1 Planting Specifications 1. Planting material will conform to the current issue of the "American Standards for Nursery Stock", published by the "American Association of Nurserymen". 2. The root system of plant material shall be well-developed and undamaged, and the plant size must conform to the size specified. Plants not meeting these criteria will be rejected. 3. Foliage of non-dormant plants shall appear healthy, with no leaf spots, damage, discoloration, or wilting, and no evidence of insects on the plant. Plants not meeting these criteria will be rejected. 4. Planting materials may be substituted upon written approval from Albemarle Restorations, LLC. 7.4.2 Storage and Delivery 1. Seed shall be delivered in containers having labels reporting the origin, purity, and germination percentage of the seed, and the date of germination testing of the seed. 2. All bare root plants shall be clearly and correctly labeled to allow confirmation of species and quantities. At least 25% of each species in every shipment shall have legible labels securely attached prior to delivery to the site. 3. All plants delivered to the project site must have thoroughly moist soil/root masses. Dry or light-weight plants shall be rejected. 4. All rejected material shall be immediately removed from the project site. 5. All plants delivered to the project site shall be stored in a cool, shaded location, and watered regularly so that roots are kept moist until time of planting. 7.4.3 Products 1. Planting Schedules specifying quantity, species, size, condition, and spacing can be found on Sheet P-2 of the Restoration Design Plan Sheets. 2. Straw shall be from small grain species such as wheat or barley, and shall be free of rot, mildew, and noxious weed seeds. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4.4 Planting Procedures 1. Planting shall be performed in accordance with the current edition of the Landscape Contractors Association "Landscape Specification Guidelines" and as specified below. 2. Plants shall be randomly installed within the planting area, using the plant spacing specified in the plant schedule as a guide. 3. Bare root stock shall be planted during the period of February 1 - April 30. Planting outside of these specified dates is not permissible without approval from Albemarle Restorations, LLC. 4. Planting shall not occur during periods of sub-freezing temperatures, when the ground is frozen or excessively wet or dry, or when other conditions not generally accepted as suitable for planting persist. 5. Bare root stock shall be planted within two days of shipment. 6. Bare root seedlings and whips shall be minimum 1/4" to 1/2" caliper. 7. Bare root seedlings and whips shall be planted in accordance with the detail provided on Sheet P-2 of the Restoration Design Plan Sheets unless otherwise approved by Albemarle Restorations, LLC. 8. All woody material must be planted erect. Plants leaning greater than 10 degrees from perpendicular must be straightened or replanted by the Contractor. 7.4.5 Maintenance and Guarantee 1. Plant material shall be maintained by the Contractor for one full year from the date of final inspection and acceptance by Albermarle Restorations, LLC. Maintenance shall include the removal and one-time replacement of all dead or diseased woody vegetation. 2. The Contractor shall guarantee an 80% survival of all plants for the one year period stated above, except in the case of damage by fire, animal damage, vandalism, or other events beyond the Contractors ability to control. 3. Plants which are 25% dead or more shall be considered dead. 4. Replacement plants shall be of the same type, size, and variety as the plants specified herein, or substitutions approved by Albermarle Restorations, LLC. Replacement plants shall be provided and installed subject to the requirements of these plans and specifications. 7.5 Seeding 7.5.1 Final Grading 1. Prior to seeding, remove any mounds or surface irregularities not in conformance with grading plan. Areas that have experienced washing out, ALBEMARLE RESTORATIONS, LLC. 9 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 rilling, or sediment deposition shall be reconstructed and grades re- established by the Contractor in accordance with the plan or as otherwise directed by Albemarle Restorations, LLC. 2. After bringing the wetland creation area to final grades, loosen soil by discing or scarifying to a depth of at least 3 inches. 3. Prior to seeding, remove all trash, debris and large objects such as stones that might interfere with the seeding operation. 4. Seeding of wetland areas is to be according to the Wetland Seed Mix detail on Sheet P-2 of the Restoration Design Plan Sheets. Seed shall be spread with a broadcast spreader and may be mixed with dry sand to facilitate even spreading. 7.5.2 Soil Amendments 1. Soil tests must be performed to determine if lime and/or fertilizer are required within seeding areas. Soil analysis may be performed by the N.C. Department of Agriculture and Consumer Services Agronomic Division or a recognized commercial laboratory. 2. Amend soil as needed based on N.C. Department of Agriculture and Consumer Services Agronomic Division recommendations. 7.5.3 Seedbed Preparation 1. Seedbed preparation shall consist of loosening soil to a depth of 3-5" by means of suitable agricultural or construction equipment such as disc harrows or chisel plows or rippers mounted in construction equipment. After the soil is loosened it should not be rolled or dragged smooth but left in the roughened condition. Sloped areas (Exceeding 3:1) should be tracked leaving an irregular surface with ridges running parallel to the contour of the slope. 2. Apply fertilizer and lime if required. 3. If required, incorporate lime and fertilizer into the top 3-5" of soil by disking or other suitable means. 7.5.4 Seed Specification All seed shall be free of noxious weeds. All seed shall be subject to re- testing by a recognized seed laboratory. All seed shall have been tested within the 6 months immediately preceding the date of sowing such materials on this job. Seed tags shall be made available to the inspector to verify type and rate of seed used. ALBEMARLE RESTORATIONS, LLC. 10 r Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.5.5 Methods of Seeding 1. Dry seeding: This includes use of conventional drop or broadcast spreaders. a) Seed spread dry shall be incorporated into the subsoil at the rates prescribed on the temporary or permanent seeding summaries or tables 25 or 26. The seeded areas shall then be rolled with a weighted roller to provide good seed to soil contact. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 2. Drill or cultipacker seeding: Mechanized seeders that apply and cover seed with soil. a) Cultipacking seeders are required to bury the seed in such a fashion as to provide at least 1/4 inch of soil covering. Seedbed must be firm after planting. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 8.0 Monitoring Monitoring plots will be installed and permanently monumented upon completion of plant installation. A minimum of one sampling quadrant will be located within each proposed vegetative community. Piezometers will be installed to measure subsurface water levels during the five-year monitoring period. Following construction, a Mitigation Plan and As Built Drawings will be prepared for the site and submitted to EEP. The Mitigation Plan will include the monitoring plan and protocol, as well as an invasive and exotic species management plan. The management plan will identify potential invasive species as defined in the "North Carolina Noxious Weed List", identify site constraints, and provide for a two-part control plan. The first part of the two-part plan will suppress the establishment of noxious plants through eradication of existing species seen on site and installation of sufficient densities of native woody and herbaceous species. The second part will be to implement an early detection and rapid response program, to identify and remove invasive species before they become established. Monitoring will be completed using random permanent sampling quadrants as outlined in the Mitigation Plan for a minimum five-year period, or until success of the project can be validated. Monitoring Reports will be submitted to EEP by December 31 of the year in which the monitoring was conducted. In the unlikely event that success criteria outlined below are not achieved by the end of the five-year minimum monitoring period, with permission from EEP corrective measures including regrading, replanting, removal of certain species, etc. will be performed. If areas are deemed to be severely deficient in meeting the success criteria, Albemarle Restoration, LLC may opt to ask the Department to allow corrective measures prior to the end of the five-year period. ALBEMARLE RESTORATIONS, LLC. 11 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 9.0 Success Criteria: Success of the project will go beyond the establishment of wetland hydrology and a predominance of hydrophytic vegetation. Because the goals of the project are to create a diverse wetland system, the success criteria will be tied directly to those goals. The intent of the project is to create a diverse wetland forest, interspersed with small areas of emergent wetlands, shallow open water, and hummocks. We believe that the creation of this diverse system is necessary to provide the range of intended functions and values. The primary indicators of success will therefore be the establishment of a range of wetland hydrology including inundated, saturated, seasonally saturated, and upland hummock areas. Approximate acreages for each wetland hydrologic regime are shown on Sheet P-1 of the Restoration Design Plan Sheets. The site will be deemed successful if the acreages of each regimes fall within a reasonable range related to the design during normal climatic conditions. Site hydrology during years of excessive rainfall or extreme drought will be assessed with climatic conditions in mind. 10.0 References Albemarle Restorations, LLC. . Albemarle Restorations field data collection within Martin County, North Carolina. 2005. American Association of Nurserymen. The American Standard for Nursery Stock. 1250 I Street, N.W., Suite 500, Washington, DC. 1986. Landscape Contractor's Association of Metropolitan Washington. Landscape Specification Guidelines. LCAMW. Rockville, Maryland. 1993. Lynch, Karen M. "Common Wetland Plants of North Carolina." NCDENR, Division of Parks and Recreation Department of Environment, Health and Natural Resources Division of Water Quality Water Quality Section. Raleigh, North Carolina: Report # 97-01, August 1997. McGill, S. "Technical Proposal Bid Number 16-DO5024 Modlin Property." Albermarle Restorations, LLC. Gatesville, North Carolina. 2005. North Carolina Department of Agriculture and Consumer Services Plant Industry Division-Plant Protection Section. "North Carolina Noxious Weed List." http://www.agr.state.nc.us/plantind/t)lant/weed/noxweed.htm. September 2005. NCDENR, Division of Coastal Management. "GIS Wetland Type Mapping for the North Carolina Coastal Plain." GIS Data Guidance Document. http://dcm2.enr.state.nc.us/Wetlands/wtypeguidanceweb.pdf. September 2005. ALBEMARLE RESTORATIONS, LLC. 12 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality. "Roanoke River Basinwide Water Quality Management Plan." July, 2001. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Animal Species of North Carolina." 1999. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Plant Species of North Carolina." 1999. North Carolina Wetlands Restoration Program. "Watershed Restoration Plan for the Roanoke River Basin." North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality. 2001. Riddick, Lisa A. "Phase I Environmental Site Assessment Modlin Property, Poplar Chapel Road Jamesville, Martin County, North Carolina." NorthEast Environmental, P.C. October 10, 2005. United States Department of Agriculture Natural Resources Conservation Service. "Martin County Soil Survey." September, 1989. United States Fish and Wildlife Service. "Martin County Endangered Species, Threatened Species, and Federal Species of Concern." h ://nc- es.fws.gov/es/cnt li?artin.html. September 2005. ALBEMARLE RESTORATIONS, LLC. 13 r ? ?? ?31.??.,?1 J61 R' R! CY C. {L.11M June 13, 2006 Albemarle Restorations, LLC Attn: Ed Temple 404 Court Street Gatesville, North Carolina 27938 Subject: Modlin Property Wetland Restoration Plan Roanoke River Basin - Cataloging Unit 03010107 Martin County Contract # D05024-1 Dear Mr. Temple: In May 2006, Albemarle Restorations, LLC submitted the subject Restoration Plan for the Modlin Property Wetland Restoration Full Delivery Project. The project is located off Poplar Chapel Road near the Town of Jamesville in Martin County, North Carolina. The Restoration Plan proposes to restore 40.0 acres of prior converted cropland by restoring wetland hydrology and planting appropriate vegetation to establish a bottomland hardwood forest. The restored system will mimic the conditions found in riverine wetlands just below headwater areas. The Ecosystem Enhancement Program (EEP) has reviewed the restoration plan and has no comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). If you have any questions, or wish to discuss this matter further, please contact me at (919)715- 1656 or email at guy.pearce@ncmail.net. Sincerely, Guy C. Pearce EEP Full Delivery Program Supervisor cc: files s n c ... kth I ?'", t. j... Protect ? Oak- ? -We' OA"' Nnhed Strobes Depwftm t of Agelf o MRCS Natural Resources Conservation Service 104 Kehukee Park Road WIIUamston, N.C. 27892 March 23, 2005 Mr. William N. Modlin 1841 Poplar Chapel Road Jamesville, NC 27846 Dear Billy, I have reviewed the soils maps on your tract 2087 of Poplar Chapel Road as it relates to wetland classifications within USDA. The acreage proposed for the conservation easement is comprised of Bethera loam soil and was cleared for row crops in the late 1970's prior to the swampbaster provision's of the 1985 Food Security Act Therefore this area of approximately 120 acres is classed as Prior Converted Wetlands (PC) and is exempt from any USDA regulations, Good luck on the wildlife enhanpements that may be planned. Sincerely, Vv Rup W. Hasty District Conservationist USDA - NRCS encl: Soils Map Tract Map 156 EZ The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and Improve our natural resources and environment. North Carolina Department of Cultural Resources state Historic Preservation Office 1 B. Babe*. AdrAdWdw Office of Archives and History Michael Easley, Governor Division of Historical Resources Evans, Secretary David Brook, Director 1.isbeUr C. )eirrcy J. Crow, Deputy Setif y September S, 2005 Scott McGill Ecotone, Inc PO Box 5 Jarrettsville, MD 21084 Re: Modlin Property, Cooper Swamp Farm, Martin County, ER05-2015 Dear Mr. McGill: Thank you for your letter of August 25, 2005, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. 'Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considemtioa. If you have questions concerning the above comment, please contact Renee Gledh&Earley, environmenud review coordinator, at 919-733-4763. In all future number. communication concerning this project, please cite the above-referenced tracking number. Sincerely, P er Sandbeck IT Maw Addrw TdepAona/Fax Lecedw 46117 Moil Semite Center, R&WO NC 2769'94617 (919)7334763/733 8653 W it Bleaet Sheet. Rdoo NC el Sa?ioe COW. ? VC 27699.4617 (919y133 6SM 13.4801 ApMIIV1STRATION RESTORATION 515 N Blwn Slretl. Raleigh 46174617MMail Semite OerM? Ralei&NC 276994617 (914)7336545/715 4801 9UHVEY & PLANNING 515 N. Blvd Shed. RaloiSlti NC Q o V 3 o m ? ? I ? FPG AN ?P i I / I NEW- MOH I I L ST 64 JAMESVILLE - _ ? -- EWA_H LEE RD G COOPER v ° PROJECT AREA _wIM Sw per- LU a I I I NIE s 2 Z 1 SCALE 0 4000 8000 EXHIBIT A INC ECOTONE Vicinity Map , MODUN PROPERTY RIVERINE WETLAND RESTORATION 40 WMU'S P.o. Bou 5 - i2o4 Baldwin mill Road JsrretWlk, Maryland 21094 Scale: 1" = 4000' 1/2005 Drawn By: LMS (410) 692-7500 • Feu (410) 692.7503 • E-Mail fnfo/ecADneinc.wm z Co L f b? ° I 2 m a? l? C 0 Co ? W x a r g' a 'J? I 1 g rs ., C ? C A o L a °`?€ m s=` o F F z - 0r --4 r m g o ? p O O > V) c cl a -4 ? a ° - g$ g ?? ? n ? e H W = OC a ZoC 1 co pz LL ? z z p_ C n N !O? W C N_ m 001 E.?d E m iri r m x Z W ~ Q O ? . I l Ua m $ ? id U raNOVi? 4 W 0 ? j s m U a Q W [.. n J A= W O LLJ u L N S C Z EL- j U V - - w z N Q 1 o ?N N w o0 w 2 W Q z fO U U z Z 0 ?I? o W - J 3 LO g •Q? N t?0 c Y, ..- ?, f ¢f C f) -VILL 3 ^ h.r. 4??1 T \ Y l Exhibit D Typical Views of the Modlin Property ation 3 ECOTONE, Inc. FOREST AND WETLAND CREATION RIVER RESTORATION ENVIRONMENTAL CONSULTING AND PERMITTING PONDS AND STREAMS CONSTRUCTION Ms. Cyndi Karoly 401 Unit Supervisor 2321 Crab Tree Boulevard Raleigh, NC 27699 RE: Modlin Property Wetland Restoration Dear Ms. Karoly: 1? 7 ..?r I June 14, 2006 Ecotone, Inc., on behalf of our client, Albemarle Restorations, LLC, is requesting 401 State Water Quality Certification to restore 40 acres of riverine wetlands on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. Albemarle Restorations, LLC has contracted with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program to restore 40 acres of prior converted cropland. The project involves minor grading and shaping to restore wetland hydrology as well as an extensive planting plan. 'A variety of wetland types, including bottomland hardwood, scrub shrub, and emergent wetland types are proposed to maximize habitat diversity. A conservation easement has been recorded to protect the constructed wetlands in perpetuity. A small ditch traverses the center of the project area and carries intermittent flow across the property. This ditch will be temporarily impacted by the proposed grading activities. The foot print of the ditch will be converted to vegetated nontidal wetlands. We anticipate the Corps of Engineers will verify that the project is authorized under the Nationwide Permit #27, Wetland and Riparian Restoration and Creation, and therefore qualifies for General Water Quality Certification GC3495. Enclosed please find seven (7) copies of the following: • Completed Pre-Construction Notification Application Form; • Wetland Restoration Plan Narrative; Wetland Restoration Plan Sheets; • EEP Approval Letter; • USDA-NRCS Prior Converted Wetlands Letter; • Letter from the State Historical and Preservation Office; • Exhibit A - Vicinity Map; 04 BALDWIN MILL ROAD ,UI F.O. BOX 5, 12 o JARRETTSVILLE, MARYLAND 21084 JUN (410) 692-7500 WP1'?Wdl1A1.1rY CH FAX (410) 692-7503 jpg"S1C,R!l? y1 R BRAN Ms. Cyndi Karoly Modlin Property Wetland Restoration June 14, 2006 Page 2 of 2 • Exhibit B - Project Area in Relation to Sub-basin; • Exhibit C - Project Area in Relation to Existing Forests; and • Exhibit D - Photographs. Thank you for taking the time to review this application and please contact me if you have any questions or concerns. Sincerely, Ecoto e, Inc. colt McGill Principal Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 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), c u ck?iexe ?_? ?5?1?'G D II. Applicant Information p 1. Owner/Applicant Information JUN 1 s zoos Name: Albemarle Restorations UENR - WEP ANDS QUAII Mailing Address: P.O. Box 204 BRANCH Gatesville NC 27938 Contact: Mr. Scott McGill Telephone Number: (252) 333-0249 Fax Number: (252) 357-4892 E-mail Address: smc g lAecotoneinc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Scott McGill Company Affiliation: Ecotone Inc. Mailing Address: P.O. Box 5,1204 Baldwin Mill Road Jarrettsville MD 21084 Telephone Number: (410) 692-7500 Fax Number: (410) 692-7500 E-mail Address: smcgillaa,ecotoneinc.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Modlin Property Wetland Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0102371 4. Location County: Martin Nearest Town: Jamesville Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): Located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina 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): 35°47'55.16" °N 76°51'32.87" °W 6. Property size (acres): Approximately 159 acres 7. Name of nearest receiving body of water: Cooper Swamp 8. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently used for agricultural purposes Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The project will restore 40 acres of riverine wetlands with a mix of bottomland hardwood, scrub shrub and emergent wetland tXpes The restoration plans have been developed based on reference wetlands The project will involve minor grading and shaping averaging less than 1 foot of cut/fill to restore wetland hydrology to the agricultural fields. Equipment that will be used on site during construction may include excavators dozers loaders, track trucks, and other standard excavation equipment 11. Explain the purpose of the proposed work: The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats which will help provide a continuous forested and diverse greenway along, the tributary Mitigation credits generated will be utilized by the Ecosystem Enhancement Program to offset compensatory mitigation requirements with Roanoke River Basin Cataloging unit 03010107. 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.N/A The project area is prior converted cropland See attached letter from NRCS. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No the project site is protected in perpetuity through the recordation of a conservation easement in the Land Records of Martin County, North Carolina 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 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The existing ditch acting as a stream is to be filled to create the desired hydrophytic conditions present in a diverse wetland system Impacts to the ditch will be temporary since the ditch area will be converted to wetlands. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream linear feet Area of Impact (acres) NONE Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact linear feet acres Conversion to I Ditch draining to Wetlands Intermittent 7,5 If +/- 2,950 if +/- .5 ac Cooper Swamp (temporary) Page 8 of 13 Total Stream Impact (by length and acreage) I +/- 2,9501f I +/- .5 ac 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, floodin , 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 NONE Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): +1-.5 Wetland Impact acres : 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) +/-.5 Total Stream Impact linear feet): +/-2,950- 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 9 of 13 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. The proposed impacts are temporary and beneficial to the wetland resource and its watershed. The project will restore wetland hydrology to 40 acres of prior converted cropland. The conversion of ditch to wetland will reduce erosion enhance nutrient uptake and provide beneficial wildlife habitat. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application 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/strmgide.html. 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 Page 10 of 13 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed project will create 40 acres of Riverine Wetlands within the Roanoke River Basin A conservation easement will preserve the site in perpetuity. See Modlin Site Riverine Wetland Project for specific details and information. 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 (919) 715-0476 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) 1. 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 (919) 733-5083 to review current thresholds for environmental documentation. 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 Page 11 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier I Required 1 I I 3 (2 for Catawba) 2 1.5 Total I I I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A 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, No proposed impervious surfaces. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Page 12 of 13 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: The project is designed to increase the quality of water downstream of the site 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). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) Modlin Property Restoration Plan Narrative Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Table of Contents 1.0 Introduction ..................................................................................1 2.0 Project Goals and Objectives ..............................................................2 3.0 Site Location .........................................................................................2 4.0 General Watershed Description ...........................................................2 5.0 Existing Site Conditions ...................................................................3 5.1 Soils .............................................................................................................3 5.2 Hydrology ............................................................................ 5.3 Adjoining Land Uses .............................................................. . 5.4 Threatened/Endangered Species and Existing Vegetation ................... .4 5.5 Jurisdictional Wetlands ..............................................................4 5.6 Historic Preservation ................................................................ .5 6.0 Reference Wetlands .........................................................................5 6.1 Hydrological Characterization .................................................. .5 6.2 Soil Characterization ............................................................... 6.3 Plant Community Characterization ............................................. .6 7.0 Wetland Restoration Plan ................................................................ .6 7.1 Hydrologic Modifications ........................................................ .6 7.2 Soil Restoration .....................................................................7 7.3 Plant Community Restoration ..................................................... 7.4 Plant Material ...................................................................... .8 7.4.1 Planting Specifications ................................................... .8 7.4.2 Storage and Delivery ..................................................... .8 7.4.3 Products .................................................................... . 7.4.4 Planting Procedures ........................................................9 7.4.5 Maintenance and Guarantee ............................................. .9 7.5 Seeding ............................................................................. .9 7.5.1 Final Grading .............................................................. .9 7.5.2 Soil Amendment ............................................................. 10 7.5.3 Seedbed Preparation ...................................................... 10 7.5.4 Seed Specification ........................................................ 10 7.5.5 Method of Seeding ....................................................... 11 8.0 Monitoring ................................................................................ 11 9.0 Success Criteria .......................................................................... 12 10.0 References .................................................................................. 12 11.0 Res toration Plan Sheets ................................................................. 14 Appendix A - Figures Appendix B - Supporting Documents Recorded Easement USDA Exemption Historic Preservation Threatened/Endangered Species Appendix C - Photographs Appendix D - Hydraulic and Hydrolgic Analysis (H&H Study) ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 Modlin Property Riverine Wetland Mitigation 1.0 Introduction The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program has selected 40 acres of the property owned by William Nathan Modlin for wetland restoration to fulfill a portion of the Request for Proposals: Full Delivery Project Roanoke River Basin. The purpose of the RFP is to provide compensatory stream, wetland and/or buffer mitigation within the Roanoke River Basin Catologing Unit 03010107. The Request for Proposal has been designated RFP 16- D05024 and the closing date for the request was February 17, 2005. Albemarle Restorations, LLC entered into a contract with the State of North Carolina on June 27, 2005 to deliver 40 wetland mitigation units within this project site (Contract No. D05024- 1). Albemarle Restorations, LLC proposes to create 40 acres of riverine wetlands (40 Wetland Mitigation Units) on the Modlin Property, located on Poplar Chapel Road near Jamesville, in Martin County, North Carolina. The project site is in the above referenced watershed and is in close proximity to Cooper Swamp. In addition, the site is within 1.5 miles of the Roanoke River and is within the required 5-year floodprone area. The site has been chosen in part because of its location in a targeted watershed and because it provides the opportunity to add contiguous wetland forest to the extensive and diverse Roanoke River floodplain forest. The project's location in the Lower Roanoke River Sub-basin (Sub-basin 03-02-09) allow the 40 acres to be placed in a conservation easement to join more than 55,000 acres of protected land in the watershed, including 34,000 acres of publicly owned land and 21,000 acres of timberland under conservation management. In addition, the project is located in a watershed upstream from the Roanoke River (Sub-basin 03-02-09), which is listed on the North Carolina 303(d) List of impaired waterways. The Lower Roanoke River Sub-basin is also one of seven priority targets for The Nature Conservancy in North Carolina. This project site has been selected because of the soils present, and a very shallow depth to groundwater (indicated by extensive past ditching). Previous site visits have revealed high water marks from frequent overbank flooding and widespread wet soil conditions. These factors indicate that minimal grading will be necessary, and that the desired hydrophytic vegetation to be planted will thrive. An unnamed tributary to Cooper Swamp flows through the property, which is currently used for agricultural purposes with very little native vegetation present. The conversion of this site from agricultural use to established riverine wetlands will create a nearly unbroken forested buffer along the entire tributary, making this a practical and environmentally beneficial restoration project. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 2.0 Project Goals and Objectives The restoration plans have been developed based on reference wetlands and utilizing the 50 years of combined wetland restoration experience brought forth by the principals of Albemarle Restorations, LLC. The baseline goals of the project are to create wetland hydrology and establish a viable community of wetland vegetation throughout the project area. Beyond that, the goals and objectives are as follows: 1) Provide floodflow attenuation. 2) Water Quality improvement through sediment, toxicant, and nutrient retention and reduction. 3) Slow over bank flow rates and provide storage and desynchronization of flood waters. 4) Alleviate downstream flooding issues by lessening the effect of pulse or flashy flows. 5) Provide shading through forest cover to reduce algae growth and associated low dissolved oxygen levels in surface water moving through the site. 6) The production and export of food sources. 7) The creation of wildlife habitat and recreational opportunities. 3.0 Site Location The 40-acre project site is located in the center of the Modlin property, also known as Cooper Swamp Farm, in the Deep Run Swamp Watershed (USGS Catalog Unit 03010107150010), a Targeted Local Watershed in the 2001 "Watershed Restoration Plan for the Roanoke River Basin" released by the North Carolina Wetlands Restoration Program. The restoration site lies along the mid and upper reaches of an unnamed tributary to Cooper Swamp found on the +/- 159-acre Modlin property. The site is accessed from Poplar Chapel Road, south of Jamesville, via and existing farm lane serving the Modlin and adjoining properties. Figure 1 is a vicinity map found in Appendix A. Downstream from the site, the tributary runs almost entirely through wooded areas containing extensive wetlands before joining the main stem of Cooper Swamp. Above the site, the headwaters and upper reaches of the tributary are located in forested and forested wetland areas. The tributary and the proximity of the site to nearby forested areas on the most recent available GIS air photos of the area are shown on Figure 2 in Appendix A. 4.0 General Watershed Description The project site is located in Targeted Local Watershed 50010, Deep Swamp Run, which lies in Sub-basin 03-02-09, the Lower Roanoke River. The following information was extrapolated from the "Watershed Restoration Plan for the Roanoke River Basin, 2001." Forested land constitutes 71% of the land in Sub-basin 03-02-09, while 25% is agricultural in this 559 square mile area through which the lower 83 miles of the Roanoke River and its tributaries flow. In 1990 the population in this sub-basin was estimated at ALBEMARLE RESTORATIONS, LLC. 2 h Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 58,886 people. Channelized headwaters of Deep Swamp Run have led to critical habitat loss in the watershed which is bordered by broad floodplain forests (DWQ, 2001). Deep Run Swamp is not within a DWQ water Supply Watershed, is not a Designated High Quality or Outstanding Resource Water, and has no presence of the Aquatic Natural Heritage Element. 5.0 Existing Site Conditions The Modlin farm consists of approximately 159 +/- acres, 40 of which are designated for this project site. These 40 acres are located within the central portion of the farm. This area is bisected by a deep drainage ditch that runs southwest from the property boundary, then curves toward the northwest, extending to the western property line, and is currently bordered by agricultural fields of the remaining Modlin farm to the north, south, and west, and timberland to the east. The Modlin residence is located to the northwest of the parcel and the surrounding area consists of residential, agricultural, and timberland properties. Degradation to the channel and surrounding areas by past agricultural activities, including channel straightening and planting of row crops up to the channel edges, allow excessive nutrient and sediment accumulation in the channel. These past activities have also served to reduce the flood flow attenuation capabilities of the historic undisturbed channel. Appendix C contains photographs taken during a recent site visit, showing the degradation of the channel and the proximity of tilled ground. The site is not located within a FEMA regulated floodplain, therefore floodplain requirements are not addressed in this restoration plan. 5.1 Soils Soils examined at several locations throughout the project site in fall of 2004 exhibited strong hydric indicators, including sulfitic odor and deep gray color to a depth of 18 inches. The majority of the site soils are mapped Bethera loam, with a small portion mapped Lenoir loam. Bethera loam is a poorly drained, nearly level soil which exhibits moderately slow to slow permeability and moderate to high available water capacity. The seasonal high water table is at or within 1 foot of the surface. Lenoir loam is somewhat poorly drained, nearly level, has slow permeability, and moderate available water capacity. During wet months, the seasonal high water table is at a depth of 1 to 2.5 feet. 5.2 Hydrology The project site is currently bisected by a drainage ditch created when the land was converted to cropland. The proposed design calls for the ditch to be filled and a broad flat drainage course to be created to mimic conditions found in riverine wetlands just below headwater areas. The hydrology of the project wetlands is to be derived from overbank flooding of the drainage course, supplemented by a high water table associated with the Bethera soils. The Bethera loam mapped on the site is classified as hydric with a seasonally high ALBEMARLE RESTORATIONS, LLC. 3 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 water table and low hydraulic conductivity which allows surface and subsurface water to be retained for long periods during the growing season. The Hydric Code for the soil is (1), meaning it is saturated for a significant period during the growing season. Based on historical accounts from the property owner the area was wetland prior to being cleared and ditched. Hydrology is similar to conditions at the reference site and wetland hydrology should be achieved quickly after the site grading is completed. 5.3 Adjoining Land Uses The topography of the project site is extremely flat, with slightly lower elevations on the western side at a tributary of Cooper Swamp. Properties to the east and northeast of the project site that are within the project site's drainage area are mapped as agricultural fields or timberland. 5.4 Threatened/Endangered Species and Existing Vegetation On August 23, 2005 a letter (see Appendix B) was sent by Albemarle Restorations, LLC to the U.S. Fish and Wildlife Service Ecological Services Office requesting a project review for coordination under the Endangered Species Act, the Fish and Wildlife Coordination Act, and the Migratory Bird Treaty Act. Albemarle Restorations, LLC received no response. A review of Martin County's Threatened and Endangered Species list showed only one threatened species, the Bald Eagle. Neither this species, nor its habitat, is currently found on the project site. The only existing vegetation within the project area consists of soybeans grown for agricultural purposes. The lines of trees that transected the project site, or "windrows" as Mr. Modlin referred to them, have been cleared. Any native vegetation present is incidental and on a scale that is not measurable for the purposes of this report. 5.5 Jurisdictional Wetlands A letter dated March 23, 2005 (see Appendix B) was received by Mr. Modlin from the United States Department of Agriculture Natural Resources Conservation Service in Williamston, NC. The letter states that the land in question was cleared for the planting of crops in the late 1970's, and is designated as Prior Converted Wetlands, making it exempt from any USDA regulations. Based upon field investigations and the above referenced Prior Converted ruling, it is our belief that no jurisdictional wetlands are found on the project site. A request for a formal Jurisdictional Determination by the COE has been made, and results of the Determination will be supplied when completed. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 5.6 Historic Preservation On September 8, 2005 Ecotone, Inc. received a letter (see Appendix B) from the North Carolina Department of Cultural Resources State Historic Preservation Office concerning the subject site. The letter states that the above agency is "aware of no historic resources which would be affected by the project." 6.0 Reference Wetlands Two separate wetlands, one in the Cooper Swamp drainage and the other in the Clark Mill Creek drainage (a tributary to the Pungo River watershed), were used as reference sites for this project. Site 1 is approximately 2,000 ft west of the intersection of Poplar Chapel Rd and the CSX Railroad. This intersection is a'/4 mile south of U.S. Highway 64, 1 mile east of Jamesville, NC. Site 2 is approximately 2,400 ft north of U.S. Route 264 on the Armstrong Property in Ponzer, Hyde County, NC. Site 1 is in Martin County, North Carolina and was sampled on February 10, 2006. This is a wetland site typical of a mid-age stand of mixed hardwoods and pine that would be found in wetlands throughout northeastern North Carolina. Site 2 is in Hyde County, and is a typical Cypress-Gum Riverine Wetland. 6.1 Hydrological Characterization The hydrology of site 1 is seasonally or semi-permanently inundated or saturated during the growing season. At site 2 the hydrology is best characterized as seasonally flooded or semi-permanently inundated. At both sites, the hydrology is derived from a combination of a high groundwater table, slow permeability, and overbank flooding. Microtopography variations create soil conditions at both sites ranging from inundation up to 18 inches to saturation at a depth of ten inches. 6.2 Soil Characterization The soils at site 1 were mapped Bethera loam, 0-2 percent slopes, and poorly drained. Field observations confirmed this mapped type. A profile of the soils at site 1 produced the following: Horizon A was found from a depth of 0-6 inches and was of a loam/organic nature. Horizon B occurred from a depth of 6-11 inches and was clay/loam in nature with a matrix color of IOYR 511, and mottle colors of 10YR 5/8. Mottles were common in abundance and distinct in contrast. Horizon 132 occurred from a depth of 9-18 inches and was also of a clay/loam nature with a matrix color of IOYR 5/1, and mottle colors of 10YR 6/8. Mottles were common in abundance and distinct in contrast. All colors described at this site are considered Munsell Moist. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 The soils at reference site 2 were mapped Dorovan muck, 0-1 percent slopes, and frequently flooded. Field observations confirmed this mapped type. A profile of the soils at site 2 produced the following: The O Horizon was found from a depth of 0-3 inches and was of a loam/organic nature. Horizon A occurred from a depth of 3-9 inches and was silty loam with a matrix color of 10YR 3/1. Horizon B occurred from a depth of 9 inches on, and was silty clay with a matrix color of 10YR 4/1. Photographs for both reference sites can be found in Appendix C. 6.3 Plant Community Characterization At site 1, 95 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). Vegetation was dense in the shrub and canopy layers, with a typical understory for this area containing switch cane, pepper bush, and younger canopy species (red maple, sweet gum). The mid-level canopy was dominated by younger canopy species and shrub/scrub (sweet bay, wax myrtle). The canopy included loblolly pine, swamp white oak, water oak, pin oak, and red maple. See Appendix C for photographs of the site. At site 2, 100 percent of the dominant species were OBL, FACW, or FAC (excluding FAC-). The forest type was a middle-age mixed stand with the canopy dominated by bald cypress, and understory containing sweetgum, red maple, sweetbay magnolia, American holly, and loblolly pine. The shrub layer contained sweet bay, highbush blueberry, and fetter-bush with greenbriar and Japanese honeysuckle. See Appendix C for photographs. 7.0 Wetland Restoration Plan The goal of the proposed restoration plan is to create a riverine wetland system typically found in the middle to upper reaches of first order tributary systems. The target plant community is a Bottomland Hardwood Forest interspersed with shrub/scrub wetland and shallow open water habitats, which will help provide a continuous forested and diverse greenway along the tributary. Any invasive or exotic species found on the site while earth work is being completed will be removed through physical or chemical means. 7.1 Hydrologic Modifications Hydrologic modifications on the site will be achieved through the filing of the main ditch bisecting the site and contributing side ditches, and creating a broad drainage course with a very low gradient (less than 0.5 percent slope) and an associated low floodplain. Overland flow from the 141-acre drainage area will inundate the entire area during major flooding events (see Appendix D for the HEC-RAS analysis of the site), and the seasonally high water table historically found on the site will maintain saturated soils throughout significant periods during the growing season. ALBEMARLE RESTORATIONS, LLC. 6 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina- February 2006 Revised, May 2006 To add to the retention time of flooding events in the wetland area, microtopography will be used to create hummocks and depressions found in undisturbed swamps in the area and two low berm structures have been designed at the lower end of the system. The outfall from the system is in the center of the downstream berm structure, and will channel flood flows through a wide outfall into the existing ditch that will remain at the western edge of the property. A series of supplemental ditches, located outside the project area, will be installed to prevent hydrologic trespass onto adjacent cropland. 7.2 Soil Restoration Soils found in the project area currently exhibit hydric characteristics and will remain. In areas where grading of more than one and one-half feet is proposed, soil from the upper horizon will be stockpiled and redistributed prior to establishing final grade. Because sufficient organic material appears to be present to a significant depth, no amendments are specified. Large woody debris encountered in windrows currently within the project area will be placed throughout the created wetlands to add variety to soil conditions and encourage diversity of volunteer species. 7.3 Plant Community Restoration The plant species chosen for the project are native to the area, with an emphasis on species that will provide habitat and a viable, yearlong food source for a wide range of animal and plant species. Surrounding areas are home to bear, whitetail deer, raccoon, squirrel, fox, migrating waterfowl, and a wide variety of amphibian and reptile species, and the project is intended provide food and habitat to complement and enhance the existing ecosystem. Hydrophytic species shown on the planting plan were selected to create a diverse matrix of wetland communities including Bottomland Hardwood Forest interspersed areas of open water and emergent wetland. Invasive and exotic species will not be planted on the site. Any invasive or exotic species found on the site will be removed through physical or chemical means during the planting phase. In selecting vegetation, we have considered the reference riverine wetland areas adjacent to the site and "Dominant Plants for Major Wetland Types" published by the North Carolina Department of Environment Water Quality Section. Sheet P-2 contains detailed planting and seeding schedules for the site. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4 Plant Material 7.4.1 Planting Specifications 1. Planting material will conform to the current issue of the "American Standards for Nursery Stock", published by the "American Association of Nurserymen". 2. The root system of plant material shall be well-developed and undamaged, and the plant size must conform to the size specified. Plants not meeting these criteria will be rejected. 3. Foliage of non-dormant plants shall appear healthy, with no leaf spots, damage, discoloration, or wilting, and no evidence of insects on the plant. Plants not meeting these criteria will be rejected. 4. Planting materials may be substituted upon written approval from Albemarle Restorations, LLC. 7.4.2 Storage and Delivery 1. Seed shall be delivered in containers having labels reporting the origin, purity, and germination percentage of the seed, and the date of germination testing of the seed. 2. All bare root plants shall be clearly and correctly labeled to allow confirmation of species and quantities. At least 25% of each species in every shipment shall have legible labels securely attached prior to delivery to the site. 3. All plants delivered to the project site must have thoroughly moist soil/root masses. Dry or light-weight plants shall be rejected. 4. All rejected material shall be immediately removed from the project site. 5. All plants delivered to the project site shall be stored in a cool, shaded location, and watered regularly so that roots are kept moist until time of planting. 7.4.3 Products 1. Planting Schedules specifying quantity, species, size, condition, and spacing can be found on Sheet P-2 of the Restoration Design Plan Sheets. 2. Straw shall be from small grain species such as wheat or barley, and shall be free of rot, mildew, and noxious weed seeds. ALBEMARLE RESTORATIONS, LLC. Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.4.4 Planting Procedures 1. Planting shall be performed in accordance with the current edition of the Landscape Contractors Association "Landscape Specification Guidelines" and as specified below. 2. Plants shall be randomly installed within the planting area, using the plant spacing specified in the plant schedule as a guide. 3. Bare root stock shall be planted during the period of February 1 - April 30. Planting outside of these specified dates is not permissible without approval from Albemarle Restorations, LLC. 4. Planting shall not occur during periods of sub-freezing temperatures, when the ground is frozen or excessively wet or dry, or when other conditions not generally accepted as suitable for planting persist. 5. Bare root stock shall be planted within two days of shipment. 6. Bare root seedlings and whips shall be minimum 1/4" to 1/2" caliper. 7. Bare root seedlings and whips shall be planted in accordance with the detail provided on Sheet P-2 of the Restoration Design Plan Sheets unless otherwise approved by Albemarle Restorations, LLC. 8. All woody material must be planted erect. Plants leaning greater than 10 degrees from perpendicular must be straightened or replanted by the Contractor. 7.4.5 Maintenance and Guarantee 1. Plant material shall be maintained by the Contractor for one full year from the date of final inspection and acceptance by Albermarle Restorations, LLC. Maintenance shall include the removal and one-time replacement of all dead or diseased woody vegetation. 2. The Contractor shall guarantee an 80% survival of all plants for the one year period stated above, except in the case of damage by fire, animal damage, vandalism, or other events beyond the Contractors ability to control. 3. Plants which are 25% dead or more shall be considered dead. 4. Replacement plants shall be of the same type, size, and variety as the plants specified herein, or substitutions approved by Albermarle Restorations, LLC. Replacement plants shall be provided and installed subject to the requirements of these plans and specifications. 7.5 Seeding 7.5.1 Final Grading 1. Prior to seeding, remove any mounds or surface irregularities not in conformance with grading plan. Areas that have experienced washing out, ALBEMARLE RESTORATIONS, LLC. 9 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 rilling, or sediment deposition shall be reconstructed and grades re- established by the Contractor in accordance with the plan or as otherwise directed by Albemarle Restorations, LLC. 2. After bringing the wetland creation area to final grades, loosen soil by discing or scarifying to a depth of at least 3 inches. 3. Prior to seeding, remove all trash, debris and large objects such as stones that might interfere with the seeding operation. 4. Seeding of wetland areas is to be according to the Wetland Seed Mix detail on Sheet P-2 of the Restoration Design Plan Sheets. Seed shall be spread with a broadcast spreader and may be mixed with dry sand to facilitate even spreading. 7.5.2 Soil Amendments 1. Soil tests must be performed to determine if lime and/or fertilizer are required within seeding areas. Soil analysis may be performed by the N.C. Department of Agriculture and Consumer Services Agronomic Division or a recognized commercial laboratory. 2. Amend soil as needed based on N.C. Department of Agriculture and Consumer Services Agronomic Division recommendations. 7.5.3 Seedbed Preparation 1. Seedbed preparation shall consist of loosening soil to a depth of 3-5" by means of suitable agricultural or construction equipment such as disc harrows or chisel plows or rippers mounted in construction equipment. After the soil is loosened it should not be rolled or dragged smooth but left in the roughened condition. Sloped areas (Exceeding 3:1) should be tracked leaving an irregular surface with ridges running parallel to the contour of the slope. 2. Apply fertilizer and lime if required. 3. If required, incorporate lime and fertilizer into the top 3-5" of soil by disking or other suitable means. 7.5.4 Seed Specification All seed shall be free of noxious weeds. All seed shall be subject to re- testing by a recognized seed laboratory. All seed shall have been tested within the 6 months immediately preceding the date of sowing such materials on this job. Seed tags shall be made available to the inspector to verify type and rate of seed used. ALBEMARLE RESTORATIONS, LLC. 10 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 7.5.5 Methods of Seeding 1. Dry seeding: This includes use of conventional drop or broadcast spreaders. a) Seed spread dry shall be incorporated into the subsoil at the rates prescribed on the temporary or permanent seeding summaries or tables 25 or 26. The seeded areas shall then be rolled with a weighted roller to provide good seed to soil contact. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 2. Drill or cultipacker seeding: Mechanized seeders that apply and cover seed with soil. a) Cultipacking seeders are required to bury the seed in such a fashion as to provide at least 1/4 inch of soil covering. Seedbed must be firm after planting. b) Where practical, seed should be applied in two directions perpendicular to each other. Apply half the seeding rate in each direction. 8.0 Monitoring Monitoring plots will be installed and permanently monumented upon completion of plant installation. A minimum of one sampling quadrant will be located within each proposed vegetative community. Piezometers will be installed to measure subsurface water levels during the five-year monitoring period. Following construction, a Mitigation Plan and As Built Drawings will be prepared for the site and submitted to EEP. The Mitigation Plan will include the monitoring plan and protocol, as well as an invasive and exotic species management plan. The management plan will identify potential invasive species as defined in the "North Carolina Noxious Weed List", identify site constraints, and provide for a two-part control plan. The first part of the two-part plan will suppress the establishment of noxious plants through eradication of existing species seen on site and installation of sufficient densities of native woody and herbaceous species. The second part will be to implement an early detection and rapid response program, to identify and remove invasive species before they become established. Monitoring will be completed using random permanent sampling quadrants as outlined in the Mitigation Plan for a minimum five-year period, or until success of the project can be validated. Monitoring Reports will be submitted to EEP by December 31 of the year in which the monitoring was conducted. In the unlikely event that success criteria outlined below are not achieved by the end of the five-year minimum monitoring period, with permission from EEP corrective measures including regrading, replanting, removal of certain species, etc. will be performed. If areas are deemed to be severely deficient in meeting the success criteria, Albemarle Restoration, LLC may opt to ask the Department to allow corrective measures prior to the end of the five-year period. ALBEMARLE RESTORATIONS, LLC. 11 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 9.0 Success Criteria: Success of the project will go beyond the establishment of wetland hydrology and a predominance of hydrophytic vegetation. Because the goals of the project are to create a diverse wetland system, the success criteria will be tied directly to those goals. The intent of the project is to create a diverse wetland forest, interspersed with small areas of emergent wetlands, shallow open water, and hummocks. We believe that the creation of this diverse system is necessary to provide the range of intended functions and values. The primary indicators of success will therefore be the establishment of a range of wetland hydrology including inundated, saturated, seasonally saturated, and upland hummock areas. Approximate acreages for each wetland hydrologic regime are shown on Sheet P-1 of the Restoration Design Plan Sheets. The site will be deemed successful if the acreages of each regimes fall within a reasonable range related to the design during normal climatic conditions. Site hydrology during years of excessive rainfall or extreme drought will be assessed with climatic conditions in mind. 10.0 References Albemarle Restorations, LLC. . Albemarle Restorations field data collection within Martin County, North Carolina. 2005. American Association of Nurserymen. The American Standard for Nursery Stock. 1250 I Street, N.W., Suite 500, Washington, DC. 1986. Landscape Contractor's Association of Metropolitan Washington. Landscape Specification Guidelines. LCAMW. Rockville, Maryland. 1993. Lynch, Karen M. "Common Wetland Plants of North Carolina." NCDENR, Division of Parks and Recreation Department of Environment, Health and Natural Resources Division of Water Quality Water Quality Section. Raleigh, North Carolina: Report # 97-01, August 1997. McGill, S. "Technical Proposal Bid Number 16-DO5024 Modlin Property." Albermarle Restorations, LLC. Gatesville, North Carolina. 2005. North Carolina Department of Agriculture and Consumer Services Plant Industry Division-Plant Protection Section. "North Carolina Noxious Weed List." hU://www.agr.state.nc.us/plantind/plant/weed/noxweed.htm. September 2005. NCDENR, Division of Coastal Management. "GIS Wetland Type Mapping for the North Carolina Coastal Plain." GIS Data Guidance Document. http://dcm2.enr.state.nc.us/Wetlands/wtypeguidanceweb.pdf. September 2005. ALBEMARLE RESTORATIONS, LLC. 12 Modlin Property Riverine Wetland Mitigation Plan Roanoke River Basin, 03010107 Martin County, North Carolina - February 2006 Revised, May 2006 North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality. "Roanoke River Basinwide Water Quality Management Plan." July, 2001. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Animal Species of North Carolina." 1999. North Carolina Natural Heritage Program, NCDENR, Division of Parks and Recreation. "Natural Heritage Program List of the Rare Plant Species of North Carolina." 1999. North Carolina Wetlands Restoration Program. "Watershed Restoration Plan for the Roanoke River Basin." North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality. 2001. Riddick, Lisa A. "Phase I Environmental Site Assessment Modlin Property, Poplar Chapel Road Jamesville, Martin County, North Carolina." NorthEast Environmental, P.C. October 10, 2005. United States Department of Agriculture Natural Resources Conservation Service. "Martin County Soil Survey." September, 1989. United States Fish and Wildlife Service. "Martin County Endangered Species, Threatened Species, and Federal Species of Concern." http://nc- es.fws.gov/es/cntylist/martin.html. September 2005. ALBEMARLE RESTORATIONS, LLC. 13 CM it PPOGRAM June 13, 2006 Albemarle Restorations, LLC Attn: Ed Temple 404 Court Street Gaesville, North Carolina 27938 Subject: Modlin Property Wetland Restoration Plan Roanoke River Basin - Cataloging Unit 03010107 Martin County Contract # D05024-1 Dear Mr. Temple: In May 2006, Albemarle Restorations, LLC submitted the subject Restoration Plan for the Modlin Property Wetland Restoration Full Delivery Project. The project is located off Poplar Chapel Road near the Town of Jamesville in Martin County, North Carolina. The Restoration Plan proposes to restore 40.0 acres of prior converted cropland by restoring wetland hydrology and planting appropriate vegetation to establish a bottomland hardwood forest. The restored system will mimic the conditions found in riverine wetlands just below headwater areas. The Ecosystem Enhancement Program (EEP) has reviewed the restoration plan and has no comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). If you have any questions, or wish to discuss this matter further, please contact me at (919)715- 1656 or email at guy.pearce@ncmail.net. Sincerely, Guy C. Pearce EEP Full Delivery Program Supervisor cc: files AK 4 RCDEWR 5i Untied Sautes{: Depwbumt of Ageieuum e o N RCS Natural Resources Conservation' Service 104 Kehukee Park Road Williamston, N.C. 27892 March 23, 2005 Mr. William N. Modlin 1841 Poplar Chapel Road Jamesville, NC 27846 Dear Billy, I have reviewed the soils maps on your tract 2087 of Poplar Chapel Road as it relates to wetland classifleations within USDA. The acreage proposed for the conservation easement is comprised of Bethera loam soil and was cleared for row crops in the late 1970's prior to the swampbuster provision's of the 1985 Rood Security Act. Therefore this area of approximately 120 acres is classed as Prior Converted Wetlands (PC) and is exempt from any USDA regulations. Good luck on the wildlife enhanfements that may be planned. Sincerely, Vv Rup W. Hasty District Conservationist USDA - NRCS encl: Soils Map Tract Map 156 EZ The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and Improve our natural resources and environment, ea` o North Carolina Department of Cultural Resources State Historic Presenation Office Pdar B. Saadbeok, A?nisispdoc Oftitx of Archives and History Michael Easley, Governor Division of Historical Resources 1.isbctlr C.. Evans, Sccrctary David Brook Director Jeffrey I Crow, Deputy Secretary September 8, 2005 Scott McGill Ecotone, Inc PO Box 5 f arrettsville, MD 21084 Re: Modlin Property, Cooper Swamp Finn, Martin County, ER05-2015 Dear Mr. McGill: Thank you for your letter of August 25, 2005, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, environmental review coordinator, at 919-733-4763. In all future please contact Renee Gledhill-Earley, communication concerning this project, please cft the above-referenced tracking number. Sincerely, p ?Ik, U (J Ln*- ?Pjztet Sandbeck :?t 1 Savioa Cleota, Rakfa6 TIC 27699461? (919)733 4763/733-a6)3 ApMINISTRATION B{•d Strad. "NO NC 4617 MA Sadao Cads: ftigi# HC 27689.4617 (919)133 6547/715.4801 R1d,4TORATION 51511. Elmo Swam Ralelo Nc 4617M O Sarioe Oadar. Ra1e1sU 11C 276994617 (919)73345451715-4801 suttvEY & PLANNING 515 N. sled Shod. Raleigh, ' I _ I V o m ?o ?Ike I O ., vLi DTm ? V t5 f 1 lJ . \ ? GP P?.1 ? 2006 JUN 1 6 OENR WATER QUALilY WETLANpSANDSTORMWATER6 \< I i ? / I I M,gIN Sr _ - I f . ?, 64 ]AMESVILLE - - -- ELIJAH LEE RD G COOPER A PRO 1 JECT AREA "I``?qM P SW - o a / I I RO ?? ?? ? I I 1 1 ` I I I WE ?i?L,y .Pa / I i I o z z I I i ?? ? I 4u SCALE 0 4= eooo EXHIBIT A ECOTONE INC vicinity Map , MODUN PROPERTY RIVERINE WETLAND RESTORATION 40 WMU's P.O. Box 5.12°4 9aldwfn Mal Road •Jarrettaville, Maryland 21084 Scale: 1" = 4000' 1/2005 Drawn By: LMS (410) 692.7500 • Fax (410) 692-7503 • E-Mail i moleootonaimc m i z N m ? f o? o m F- ?o ? co Z = o k z O r (3) N ° w a 3` g F- 0? co 02 0 I c L. it 21 .1 2 Z Z? U m- v_ sr6$?? m x z Q fII l Emrm}`me?Ea w P-4 QZ CL j m a W z U b a Y 0 ^ W m -?-.. oc z N op Z ! ! z v ° H ? o ^ W .. ?- N O p Y.. O z r ?f d o z 52 v ? N N N o0 w? V) k _ 0 m o jQLLJ z s s o .? co ,.r Z Z W I O JUN Mh?) Q a 3 g ? N •?' tip J ' Q /q F+'1 E. W 1 a? mm t k ? ti?i4 t., 6 ? ~ :a !l ti LLP a? LLJ ff.: , , r l a (l ?0' r? P. '?:, r Exhibit D Typical Views of the Modlin Property fa 1. Photo 4: Wooded parcel adjacent to Riverine Wetland Restoration Area. 3 pc? ??i9 NFL R O (1 ? Sl c? N (? S (l o R N x ^' N Ig ?0 I? X z ? n 0 z z z -77 C-7 3-- N (a - N < 3 CR , V z 73 o f - Q E z 4 E N ? ? ? ? R , (? ? ? ? N CO ? ? SL (a ? , - N ? ? ? ? n- Sl) SL 0 76 ? s 711 SL 7- 13 91 O ?+ Lt O ?Nt- {y c?+' cT 3 RL \A 87 TIN ?, G Z 0 V _ c? V f V. ??Q1?3 ll S 11)1--N ? ( ????zzzz K5 Q zz z X O C1 Z 0 0 ? Q 0 ? C O c? ?o OOH ZZZ z n O z 77? 7-\\ 7Ks ?O O O z n ? NINNVW ?,.. b'6 IN rd-Al ,I y?p1H1. I -? ?p"W .-uexl onl rtmmpar,PY: ALBERMARLE RESTORATIONS, LLC ECOTONE IN C. MMIN t kofffy 001W N tMP MITIGATION %F ffFf UP'(20, 2006 -i WETLAND RESTORATION PERMUTING & DESIGN ENVIRONMENTAL CONSULnNO 40,0 ?? , STREAM RESTORATION , , FOREST&WETLLAND CREATION& stem LLAyN1 LIryy11J Atl/1 AIA ry \kV - , & WILDLIFE HABITAT CREATION STREAM RESTORATION. L Eaa ? I I N? 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