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Wt "LANDS GROUP
Natty al Resources wArE iy,,Llrv s?cr10r1
Restoration &Consely
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July 29, 2002
Mr. John Dorney
N.C. Division of Water.Quality_
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: Section 401 Water Quality Certification for Impacts Associated with Wetland and Riparian
Buffer Mitigation at the Bear Creek-Sleepy Creek wetland mitigation bank in Lenoir County
02-2331
Dear Mr. Dorney:
Please find attached to this letter seven (7) copies of a Department of the Army Nationwide Permit
notification packet (NWP# 27) and cover letter addressed to Mr. Mike Bell of the U.S. Army Corps of
Engineers (USACE) Washington field office. The purpose of this letter is to request a Section 401 Water
Quality Certification for proposed impacts for wetland and riparian buffer restoration at the Bear Creek-
Sleepy Creek Mitigation Bank in Lenoir County, NC. Please find. attached to this. letter a check made
payable to the DWQ in the amount of $475.00.
Included with the application are seven copies of the Detailed Mitigation Plan. Construction activities have
been scheduled to start in October 2002 after review of plans by the Mitigation Banking Review Team.
If you have any questions or comments concerning this application for 401 Water Quality Certification,
please contact George Howard or Wes Newell [phone]. Thank you for your assistance with this
project.
Yours truly,
RESTORATION SYSTEMS
G A
George Howard
President -
Attachments
1101 Haynes St., Suite 203 • Raleigh, North Carolina 27604 • www.restorationsystems.com • Fax: [phone] • Phone: [phone]
Natwa( Resources
Restoration &Conselvation
27 July 2002
Attn: Mr. Mike Bell
Wilmington District Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
Re: Pre-Construction Notification for Nationwide Permit 27: Wetland Restoration
Bear Creek -.Sleepy Creek Mitigation Bank, Lenoir County North Carolina 02-2331
Dear Mike:
Development of the Bear Creek - Sleepy Creek wetland and riparian buffer mitigation bank is proposed by
Restoration Systems, a firm specializing iwecological restoration and mitigation services. The applicant
(Restoration Systems) is represented by George Howard, the company president Please find attached to this
letter a completed Pre-Construction Notification for Nationwide Permit (NWP) 27 concerning Section 404
jurisdictional impacts associated with the proposed wetland and riparian buffer restoration project. A copy of
the Detailed Mitigation Plan is included with this application.
This project represents a mitigation bank developed as a full delivery service to the N.C. Department of
Transportation (NCDOT). This Sleepy Creek project is located immediately north of, and is modeled after the
approved, Bear Creek-Mill Branch mitigation bank which was constructed in the Fall of 2001. The Sleepy Creek
mitigation plan and mitigation banking prospectus was submitted to the USACE (David Lekson) on 19 July 2002.
We will await your instructions for further distribution to the members of the Mitigation Banking Review Team.
Upon issuance of NWP 27, Restoration Systems plans to implement this restoration project, with construction
scheduled to start on October 1, 2002. We plan to solicit peer review and comments from the MBRT prior to
the construction start date.
If you have any questions or comments concerning this pre-construction notification, please contact George
Howard or Wes Newell (919-523-4375) at your convenience. '
Yours truly,
RESTORATION SYSTEMS
G A
George E-Ioward
President
Attachments
1101 1 IaNmes St., Suite 203 • Raleigh. North ('arolina 27604 • \?,w\?,.restorationsystems.com • Fax: [phone] • Phone: [phone]
PRF.CONSTRiTCTiON NOTIFICATION FOR NATiONWinF. PERMIT 27- fiTRF.AM ANn WF.Ti.ANn RF.CTORATiON
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
1 OMB APPROVAL NO. 071-W3
33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching edsting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to
Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway,
Suite 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer
having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority. 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable water of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APPLICATION
COMPLETED
ITEMS BELOW TO BE FILLED BY APPLICANT
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not
Restoration Systems, LLC required)
Wes Newell
Backwater Environmental
&APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
1101 Haynes Street 2312 New Bern Ave.
Suite 203 Raleigh, N.C. 27610
Raleigh, N.C. 27604
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE
a Residence a. Residence
b. Business 919) 755-9490 b. Business 919 523-4375
11. STATEMENT OF AUTHORIZATION
I hereby authorize, Backwater Environmental to act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE
Bear Creek-Sleepy Creek Wetland and Riparian Buffer Mitigation Bank
13. NAME OF WATERBODY, IF KNOWN 14. PROJECT STREET ADDRESS
Bear Creek (floodplain) N/A
LOCATION OF PROJECT
Lenoir N.C.
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
Figure 1: Northwestern and Northeastern quadrant of the intersection between Washington Street (SR1603) and
Bear Creek, approximately 1 mile west of LaGrange, N.C.
17. DIRECTIONS TO THE SITE
Take U.S. 70 to 10 miles west of Kinston, go north on Promise Land Road, go east on Washington Street
towards LaGrange. The Site is on the left prior to and after the intersection between Washington Street
(SR1603) and Bear Creek (Figure 1).
18. Nature of Activity (Description of project, include all features)
The project involves wetland and riparian buffer restoration. The project is detailed in the Detailed Mitigation
Plan document that is herein attached by reference to this Pre-Construction Notification for Nationwide Permit
27.
Figure 2: The Site consists of a 167.5-acre tract encompassing the floodplains along a 2925-foot reach of Bear
Creek. The Site is bounded by Washington Street to the south and a railroad corridor to the north. The
floodplain currently comprises 92.4 acres of prior converted agricultural land and 75.1 acres of early
successional forest. The forest area is concentrated along the western periphery of the project. Of this 75.1
acre forested area, 52.6 acres have been identified as jurisdictional wetlands under existing conditions.
Canal and ditch flows extending within the forested area and through agricultural fields will be diverted into
historic and constructed backwater sloughs. After diversion, the existing drainage structures will be backfilled
with earthen material to promote wetland restoration on the Bear Creek floodplain. Diversion of surface water
flows out of the canals and into historic sloughs will be initiated approximately 1500 feet west of Bear Creek,
within forested portions of the Site_
The diversion will be performed by constructing two shallow, meandering drainageways in upper reaches of the
floodplain, depicted as Constructed Drainageway #1 and #2 in Figure 2. Subsequently, surface water flows will
be directed into interior portions of the Site and away from backfilled ditches, the railroad, and Washington Street
corridors.
19. Project Purpose (Describe the reason or purpose of the project)
As described in the attached Detailed Mitigation Plan, the purpose of this wetland and riparian buffer restoration
project is to increase the amount and function of wetlands and streams within the Neuse River Basin. In
addition, the project will provide wetland mitigation for unavoidable wetland impacts incurred in the region. The
project is scheduled for construction beginning in October 2002. The project is currently being developed into a
wetland mitigation bank for use by the N.C. Department of Transportation (NCDOT).
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
1) The project will divert surface water flows away from canals, Washington Street, and the railway corridor and
into interior portions of the wetland restoration area (Figure 3). The flows will be redirected by excavating
shallow, meandering drainageways extending from forested, outer portions of the floodplain into crop land areas
in proximity to Bear Creek. The effort involves excavation of two drainageways, totaling approximately 1680
linear feet. Constructed Drainageway #1 includes approximately 580 linear feet within existing wetlands.
Constructed Drainagway #2 includes approximately 490 linear feet in existing wetlands. The channel will
average approximately 0.4 feet in depth, 10 feet in width, with a bed slope of less than 0.001 rise/run. In
addition, the channel will be highly sinuous, with woody debris and vegetation material replaced in the
excavation corridor to inhibit accelerated surface water runoff. Existing forest vegetation will be avoided and
historic channels utilized to the maximum extent feasible. The channels will terminate within ponded, backwater
sloughs along the outer edge of the crop land area. Therefore, surface water generated from the upper
watershed will be trapped within planted cypress-tupelo swamps. Excavated material will be used to backfill the
canals, as depicted in Figure 2. Incidental fill will be incorporated into adjacent land surfaces.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Excavated material will be transported and utilized as backfill for canals. Indicental fill will be spread thinly
across adjacent land surfaces in order to avoid changes in land surface elevations immediately adjacent to the
drainageway. The amount of excavation / fill totals approximately 155 cubic yards (the drainageway section
within jurisdictional wetlands will measure approximately 1070 linear feet in length, by 10 feet in width, and 0.4
feet in average depth).
22. Surface Area in Acres of Wetlands or Other Waters Filled
Jurisdictional wetlands will not be significantly impacted (filled) during this process. The incidental fill will be
incorporated into adjacent surfaces so as to avoid changing the elevation of existing wetland surfaces.
Approximately 0.25 acres of existing wetlands will be partially cleared and modified during drainageway
construction (1070 ft x 10 ft/43560 sq ft)
23. Is Any Portion of the Work Already Complete? YES_ NO X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please
attach a supplemental list).
There are no property owners, lessees, etc. whose property adjoins the segment of Sleepy Creek that will be filled or the areas associated with
drainageway construction.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
Agency Type approval Identification number Date applied Date approved Date Denied
NONE
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work d ribed herein or am acting as the duly
authorized agent of the applicant.
7/)--7/0)- X ?? z 7 r?-
SIGNATURE OF APPLICANT DATE IGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the propos activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manor within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements of entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.