HomeMy WebLinkAbout20131087 Ver 1_Revised Adaptive Management Plan_20190802Strickland, Bev
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Erin, Kim, Todd and Mac -
Wiesner, Paul
Friday, August 02, 2019 3:52 PM
Davis, Erin B; Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac
Bradley Breslow; Ryan Medric; Frasier Mullen
Poplin Ridge - DMS#95359 - Revised Adaptive Management Plan_ August 2, 2019
PoplinRidge_95359_AMP_2019.pdf
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At the April 25-26, 2019 DMS -IRT credit release meeting, the IRT requested that the Poplin Ridge Adaptive Management
Plan be updated to include elevations, cross sections, a plan for excavation of the stream, and design sheets. The IRT
also requested that the plan address sediment and the wet soil substrate.
At the meeting, the IRT indicated that the adaptive management plan for Poplin Ridge would not require formal IRT
approval.
The revised plan is attached. Please let us know if you have any questions or concerns.
RES plans to begin the work in August. DMS will schedule an on-site IRT meeting once the adaptive management work is
complete.
Thanks
Paul Wiesner
Western Regional Supervisor
North Carolina Department of Environmental Quality
Division of Mitigation Services
828-273-1673 Mobile
Pau l.wiesnera-ncdenr.gov
Western DMS Field Office
5 Ravenscroft Drive
Suite 102
Asheville, N.C. 28801
D_ E1-1��
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
fires
August 2, 2019
Paul Wiesner
NCDEQ — DMS
5 Ravenscroft Drive
Asheville, NC 28801
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Corporate Headquarters
5020 Montrose Blvd. Suite 650
Houston, TX 77006
Main: 713.520.5400
RE: Poplin Ridge Stream Restoration Site — 2019 Monitoring Adaptive Management
Memo
Mr. Wiesner,
In July 2018, the IRT, NCDMS, and RES visited Poplin Ridge to evaluate the condition of UT2-2,
a passively restored stream reach through a drained pond bottom. The main problem was that a
distinct flow path was not obvious and the IRT determined credits were to be withheld above and
within the drained pond bottom. In September 2018 and April 2019, RES staff visited the site and
determined, using survey and visual assessment, that there is a preferred flow path but there are
several issues preventing flow from remaining within and defining a stream channel. At the 2019
Credit Release Meeting, the IRT requested design sheets as part of the Adaptive Management
Plan which are attached. Below is an explanation of the work that will be completed.
Area 1
Issue: The log sill at the start of UT2-2 (Sta: 3+61.97) is set too high and is blocking flow during
low flow conditions.
Treatment: RES will remove and reset the log sill at an elevation of 580.00' to allow for positive
drainage through the reach. See attached Sheet 2.
Area 2
Issue: There are two headcuts forming downstream of Area 1 on UT2-2.
Treatment: RES will repair and stabilize these headcuts by installing several grade control/drop
structures as shown on the attached Sheet 2.
Area 3
Issue: The middle section of UT2-2 (Sta: 6+45 to 7+80) is relatively flat and the channel bed and
bank is not well defined.
Treatment: RES will excavate a channel per the typical riffle/meander cross sections and
detailed profile shown on Sheet 2 along the existing flow path within the old pond bottom. Several
woody riffles and brush toes will be installed to add bedform diversity, provide grade control, and
improve habitat.
Area 4
Issue: The filter berm elevation at the downstream end of UT2-2 is too high and is therefore
impounding water within the lower third of the drained pond bottom.
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Treatment: RES will notch the filter berm per the proposed riffle cross section to allow flow to
pass through the newly constructed channel and to the culverts.
Area 5
Issue: The confluence of UT2-A and UT2-2 in the drained pond bottom is not well defined.
Treatment: RES will regrade UT2-A from Sta: 4+28 to 5+03 per the typical cross section on
Sheet 2 and will confluence with UT2-2 near STA 7+50.
The approach in the approved Final Mitigation Plan for this reach was to use passive restoration,
then return in a later monitoring year when the pond bottom dried out to enhance and stabilize
the channel with habitat and grade control structures (Section 7.2). The pond bottom is still wet
but after five years of herbaceous vegetation growth, the soil structure has stabilized, and
localized areas of unconsolidated substrate should not hinder the ability to complete the proposed
stream construction activities. Additionally, the pond bottom has never shown any signs of surface
cracking or loss of hydrology. RES does not anticipate having to amend, remove, or import soil
for the adaptive management plan to be successful. In areas where the soil has remained
saturated, RES will employ timber mats during construction to minimize disturbance within the
pond bottom.
RES plans to plant live stakes along the stream and container trees throughout the whole area to
address the lack of woody vegetation throughout the drained pond bottom. Tree species tolerant
of very wet conditions like black willow, buttonbush, sycamore, willow oak, and green ash will be
planted in the fall/winter of 2019.
Based on the proposed work, the Limits of Disturbance (LOD) will be less than one acre, so no
Erosion and Sediment Control Permitting will be required. Regarding 404/401 permitting, RES
believes that the proposed work falls within the treatment outlined in the approved Final Mitigation
Plan to, "... enhance and stabilize the basef/ow channel and install grade control structures once
the pond bed has dried out". Similar to the work described in the mitigation plan wetland impacts
will be minimal and temporary and result from disturbance during grading and structure
installation. The original 404/401 authorizations from the approved mitigation plan our attached
to the adaptive management plan.
RES plans to have this work done by the end of summer 2019 and will include documentation of
the repairs in the MY5 monitoring report. RES will also add two new cross sections to UT2-2
(proposed locations are shown on Sheet 2) that will be surveyed in MY5 and MY7 with an
additional survey in MY6. RES will do one random vegetation plot in the pond bottom with data
reported in MY5, MY6, and MY7. The location of the random vegetation plot will change in each
monitoring year.
Thank you,
Ryan Medric I Ecologist
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DMS PROJECT #: 95359
CONTRACT #: 004672
U5ACE ACTION ID #: 5AW-201 2-0 1 079
DWR PROJECT #: 13-1067
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POPLIN RIDGE STREAM RESTORATION PROJECT
UNION COUNTY, NC
ADAPTIVE MANAGEMENT PLAN
JULY 2019
RESOURCE ENVIRONMENTAL SOLUTIONS, LLC
302 JEFFERSON ST, SUITE 110
RALEIGH, NC 27605
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STREAM CONSTRUCTION NOTES:
ALL PROPOSED CHANNELS AND TEMPORARY AND PERMANENT CROSSINGS SHALL BE CONSTRUCTED IN
A DRY CONDITION VIA OFFLINE CONSTRUCTION WHERE POSSIBLE. PUMP AROUND OPERATIONS
SHOULD BE LIMITED TO AREAS WHERE THE EXISTING AND PROPOSED CHANNEL ALIGNMENTS OVERLAP.
2. ALL IMPERVIOUS DIKES AND PUMPING APPARATUS SHALL BE REMOVED FROM THE STREAM AT THE END
OF EACH DAY TO RESTORE NORMAL FLOW BACK TO THE CHANNEL UNLESS OTHERWISE APPROVED BY
THE ENGINEER. WITH APPROVAL, A PUMP AROUND MAY BE ALLOWED TO RUN CONTINUOUSLY IF THERE
IS NO FORECAST FOR RAIN OVERNIGHT, AND/OR THE PUMP APPARATUS IS MAINTAINED AND
MONITORED CONTINUOUSLY.
3. CONSTRUCT UPSTREAM PORTION OF THE CHANNEL FIRST, WORKING IN AN UPSTREAM TO
DOWNSTREAM DIRECTION, UNLESS OTHERWISE APPROVED BY THE ENGINEER.
4. STRUCTURES ARE TO BE INSTALLED IN LOCATIONS SHOWN ON PLAN SHEETS (AS INDICATED ON THE
STRUCTURE TABLES) USING METHODS DESCRIBED IN THE DETAIL SHEETS. PRIOR TO FINE GRADING,
OBTAIN APPROVAL OF THE ENGINEER ON INSTALLATION OF STRUCTURES.
5. UPON COMPLETION OF FINE GRADING, INSTALL STREAM BANK STABILIZATION INCLUDING, EROSION
CONTROL MATTING OR SOD MATS ALONG CHANNEL BANKS.
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LEGEND
EXISTING CONTOUR MAJOR 50
EXISTING CONTOUR MINOR 4G
PROPERTY LINE — — — —
EXISTING TKEELINE
EXISTING TREE
PROPOSED TOP OF BANK
PROPOSED CENTERLINE OF CHANNEL
LIMITS OF PROPOSED
CONSERVATION EASEMENT
BRUSH TOE PROTECTION
(SEE SHEET D3)
LOG SILL
(SEE SHEET D3)
VALLEY SILL
(SEE SHEET D3)
WOODY RIFFLE
(SEE SHEET 4)
STEP POOL
(SEE SHEET 4)
LOG STRUCTURE
(PROFILE)
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GEOTEXTILE Fi
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TOE PROTECTION
CHANNEL TOP
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POOL
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COIR MATTIN"
HEADER LO
FOOTER LO
TYPICAL PLAN VIEW
PROPOSED
FLOW
x
BACKFILL WITH COARSE
AGGREGATE (I " TO 4" DIA.) \
NON -WOVEN
GEOTEXTILE FABRIC
(NCDOT TYPE II)
0
PROPOSED
STREAM BED
FLOW MIN. 5.0'
BACKFILL WITH COARSE / L
AGGREGATE (I " TO 5" DIA.)
NON -WOVEN
GEOTEXTILE FABRIC TACK FABRIC
(NCDOT TYPE II) TO LOG
TACK FABRIC
TO LOG
SECTION B -B
INSTALL COIR MATTING PER DETAIL
SEE DWG D I
KEY COIR MATTING INTO BANK—\COMPACTED SOIL LIFT
INTO BANK
MIN 2.0'
LIVE STAKES
114 MAX POOL DEPTH
LIVE CUTTINGS
SMALL BRANCHES
i // AND BRUSH
..R, 4' MIN. LENGTH) OR
DUCKBILL ANCHORS INSTALLED PER
MANUFACTURERS INSTRUCTIONS (TYP.)
LOG SILL
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SCOUR POOL
SEE PROFILE FOR
POOL DEPTH
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SECTION A -A (OPT 2)
NOTES:
I . LOGS SHOULD BE RELATIVELY STRAIGHT HARDWOOD
AND RECENTLY HARVESTED
2. HIGH SIDE OF LOG SHALL BE APPROX. 0.2' HIGHER
THAN LOW END
3. LOG DIMENSIONS:
MIN DIAM. = 10", MIN LENGTH = 12'
NAIL FILTER FABRIC USING 3" 1 OD GALVANIZED
COMMON NAIL EVERY 1 .5' ALONG THE LOG
4. DUCKBILL ANCHORS MAY BE USED IN PLACE OF REBAR
NOTES:
I . OVER EXCAVATE THE OUTSIDE BEND OF THE CHANNEL. INSTALL SMALLER
BRANCHES AND BRUSH AND COMPACT LIGHTLY TOGETHER. BACKFILL AND
COMPACT TO LOCK IN PLACE.
TOP OF BANK 2. PLACE LIVE CUTTINGS OVER THE SMALL BRANCHES AND BRUSH.
ACCEPTABLE LIVE CUTTINGS SPECIES INCLUDE BLACK WILLOW (SALIX
NIGRA) AND SILKY WILLOW (SALIX SERICEA). WILLOW CUTTINGS SHOULD
BE RINSED AT CUTTING POINT TO ALLOW BETTER ROOTING.
77
3. INSTALL EROSION CONTROL (COIR) MATTING OVER COMPACTED SOIL PER
DIRECTION OF ENGINEER. COIR MATTING SHOULD BE KEYED INTO TOP OF
BANK.
4. INSTALL I TO 3 ROWS OF LIVE STAKES ABOVE THE LIVE CUTTINGS LAYER
PER DIRECTION OF ENGINEER.
TTING
C
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FLOW
TYPICAL PLAN VIEW
NOTES:
I . LOGS SHOULD BE RELATIVELY STRAIGHT HARDWOOD
AND RECENTLY HARVESTED.
2. LOG DIMENSIONS:
MIN DIAM. = 10", MIN LENGTH = 40'
3. NAIL FILTER FABRIC USING 3" 1 OD GALVANIZED
COMMON NAIL EVERY 1 .5' ALONG ENTIRE LENGTH OF
THE LOG.
4. DUCKBILL ANCHORS MAY BE USED IN PLACE OF REBAR.
PROPOSED
STREAM BED
FLOW MIN G.0'
COARSE AGGREGATE
HEADER LOG
FOOTER LOG
VALLEY -91 LL
NTS
r REBAR OR DUCKBILL
ANCHOR
MIN 4.0',
BACKFILL (I TO 4)
i
NON -WOVEN GEOTEXTILE
FABRIC (NCDOT TYPE II)
TACK FABRIC
TO LOG
PROPOSED
STREAM BANK
NOTES:
I . LOGS SHALL BE OF A MINIMUM OF 1 5' IN LENGTH AND 10" IN DIAMETER AND RELATIVELY STRAIGHT
HARDWOOD, RECENTLY HARVESTED.
2. A SINGLE LOG MAY BE USED IN LIEU OF A HEADER/FOOTER LOG COMBINATION, PER DIRECTION OF DESIGNER.
3. FILTER FABRIC SHALL BE USED TO SEAL THE GAPS BETWEEN THE LOG(S) AND THE STREAM BED, UNDER THE TOP OF BANK
COARSE BACKFILL MATERIAL. THERE SHALL BE NO FILTER FABRIC VISIBLE IN THE FINISHED WORK; EDGES
SHALL BE FOLDED, TUCKED, OR TRIMMED AS NEEDED.
4. COARSE BACKFILL SHALL BE PLACED TO A THICKNESS EQUAL TO THE DEPTH OF THE HEADER (AND ANY
FOOTER) LOGS AND SHALL EXTEND OUT FROM THE VANE ARMS TO THE STREAM BANK AND UPSTREAM.
5. AS AN OPTION, FLAT -SIDED BOULDERS MAY BE PLACED AS BALLAST ON TOP OF THE STREAM BANK SIDE OF
THE EMBEDDED VANE ARMS. DUCK BILL ANCHORS MAY BE USED IN LIEU OF BALLAST BOULDERS.
G. DUCKBILL ANCHORS WITH GALVANIZED CABLE ATTACHED MAY BE USED TO SECURE LOGS INTO THE STREAM
BED AND/OR BANKS. FLAT SIDED BOULDERS CAN BE USED IN LIEU OF THE LOG INVERT/DUCKBILL ANCHOR
SYSTEM.
TIE-IN TO STREAM
BED (TYP.)
STEP ELEVAT'—"
CONTROL PC
FLOW
COARSE AGGREGA
BACKFILL ( I " TO
PROFILE
TOP OF BANK
BALLAST BOULDER
i\\
HEADER LOG
FOOTER LOG
STEP ELEVATION
CONTROL POINT
4'M IN (TYP) UPSTREAM POOL ELEVATION
CONTROL POINT
SECTION VIEW
ANGLED LOG STEP POOL
NT�J
LOG
SECTION B -B
COARSE AGGREGATE
(I"TO4")
REBAR (5/8" MIN. DIAMETER, 4' MIN.
LENGTH) OR DUCKBILL ANCHORS
INSTALLED PER MANUFACTURERS
INSTRUCTIONS (TYP.)
PLAN VIEW
STREAM BANK
PROTECTION
POOL ELEVATION
CONTROL POINT
HEADER LOG
TIE-IN TO STREAM
BANK (TYP.)
STEP ELEVATION
CONTROL POINT
pres
302 Jefferson
Street, Suite 110
Raleigh, INC 27605
Main: 919.829.9909
Fax: 919.829.9913
www.res.us
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SHEET NUMBER:
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A
TOP OF BANK
TOE OF BANK
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0.75' MIN
JK
4.0'
TYP
RIFFLE MATERIAL; MIX OF WOODY
DEBRIS (LOGS, BRANCHES, AND
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RIFFLE MATERIAL MATERIAL (SEE NOTES) AT 50%
BEGIN RIFFLE
CONTROL POINT
THALWEG
FLOW
NOTES:
I . CONSTRUCTED WOOD RIFFLES SHALL BE INSTALLED IN NEWLY GRADED CHANNEL SECTIONS, AS SPECIFIED BY
THE DESIGNER. ELEVATION CONTROL POINTS SHALL BE DESIGNATED AT THE BEGINNING AND END OF RIFFLE
POINTS TO ESTABLISH PART OF THE PROFILE OF THE CHANNEL. SURVEY OF CONTROL POINTS SHALL BE
REQUIRED TO ESTABLISH ACCURATE RIFFLE INSTALLATION WITHIN A TOLERANCE OF ±0.2'.
2. RIFFLE MATERIAL SHALL BE COMPRISED OF A 50/50 MIX OF WOODY MATERIAL AND ROCKS. WOODY MATERIAL
SHALL CONSIST OF LOGS, BRANCHES, AND BRUSH NO GREATER THAN 3" IN DIAMETER. THE ROCK MATERIAL
SHALL CONSIST OF AN EQUAL MIX OF #5 / #57 STONE AND SURGE STONE.
3. THE PLACEMENT OF RIFFLE MATERIAL SHALL BE DONE IN A MANNER TO CREATE A SMOOTH PROFILE, WITH NO
ABRUPT "JUMP" (TRANSITION) BETWEEN THE UPSTREAM POOL -GLIDE AND THE RIFFLE, AND LIKEWISE NO ABRUPT
"DROP" (TRANSITION) BETWEEN THE RIFFLE AND THE DOWNSTREAM RUN -POOL. THE FINISHED CROSS SECTION
OF THE RIFFLE MATERIAL SHALL GENERALLY MATCH THE SHAPE AND DIMENSIONS SHOWN ON THE RIFFLE
TYPICAL SECTION.
4. THE END OF RIFFLE CONTROL POINT MAY TIE IN TO ANOTHER IN -STREAM STRUCTURE (LOG SILL OR J -HOOK).
5. THE CONSTRUCTED RIFFLE SHALL BE KEYED IN TO THE STREAM BANKS AND/OR BED AS DESIGNATED BY THE
DESIGNER. THE "KEY" SHALL EXTEND BEYOND THE TOP OF BANK AT THE BEGINNING (CREST) OF THE RIFFLE.
WHERE PRESERVATION OF EXISTING STREAM BANK VEGETATION 15 A PRIORITY A "KEY" MAY NOT BE USED (OR
THE DIMENSIONS MAY BE ADJUSTED) TO LIMIT DISTURBANCE.
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BRUSH) AT 50%, AND ROCK
MATERIAL AT 50%
PROPOSED TOP
OF BANK
END RIFFLE
CONTROL POINT
THALWEG
1pres'
302 Jefferson
Street, Suite 110
Raleigh, INC 27605
Main: 919.829.9909
Fax: 919.829.9913
www.res.us
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PROJECT NUMBER:
100910
PROJECT MANAGER:
BPB
DESIGNED:
AFM
DRAWN:
AFM
CHECKED:
BPB
SHEET NUMBER:
4
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2012-01079 County: Union USGS Quad: NC -Bakers
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant: North Carolina Ecosystem Enhancement Program Attn: Mr. Lin Xu
Address: 1652 Mail Service Center
Raleigh, NC 27699-1652
Authorized Agent: Environmental Banc & Exchange Attn: David Godley
Address: 909 Cappability Drive
Raleigh, NC 27606
Size and location of property (waterbody, road name/number, town, etc.): The project (Poplin Ridge Mitigation Site) is
located east and west of Poplin Ridge Road, north of Secrest Short Cut Road, in Union County, NC.
Site Coordinates: 35.0516 °N -80.5700 °W Waterway: East Fork Stewarts Creek River Basin: Yadkin
Description of project area and activity: This permit authorizes stream channel relocation, excavation, mechanized
land clearing, the placement of fill material associated with the construction of the Poplin Ridge Mitigation
Project. Authorized impacts to waters of the U.S. are identified on the table on page 2 of this authorization.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 27
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated August 18, 2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
• This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements
of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration,
modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
• Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
• For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
• This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
• If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Todd Tugwell at telephone (919) 846-2564.
�— - TUGWELL.TODD.JASON.1048429
293
Corps Regulatory Official: 2014.10.07 13:37:56 -04'00' Date: October 7, 2014
Expiration Date of Nationwide Permit Verification: March 18, 2017
Page 1 of 3
Summary of Authorized Impacts and Required Mitigation
Oen Water (ac)
Wetland (ac) Unimportant Steam (If)
Important Stream (If)
NWP / GP #
Temporary Permanent
Temporary
Permanent Temporary Permanent
Temporary
Permanent
27 0 0
0.008
0.007 0 0
8,234
0
Im act Totals 1 0 0
0.008
1 0.007 1 0 0
1 8,234
0
Total Loss of Waters of the U.S. (ac)
0.007
Total Loss of Waters of the U.S. (If)
0
Required Wetland Mitigation ac 0
f Required Stream Mitigation 1
0
Additional Remarks and/or Special Permit Conditions:
1. This Nationwide Permit verification does not imply approval of the suitability of this property for compensatory
wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a
particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during
the permit review process for that project.
Copy Furnished:
The Wilmington District is committed to providing the highest
continue to do so, please complete the Customer
http://rei ulatory.usacesurvey.com/ to complete the survey online
Page 2 of 3
level of support to the public. To help us ensure we
Satisfaction Survey located at our website at
Determination of Jurisdiction
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there
is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference the jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: The site exhibits stream channels with Ordinary High Water Marks and
wetlands meeting the criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional
Supplement.
E. Attention USDA Program Participants: This delineation/determination has been conducted to identify the limits of
Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination
may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are
USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland
determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B and C above): This correspondence constitutes an approved jurisdictional determination for the above described
site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR
Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA)
form. If you request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by . It is not necessary
to submit an RFA form to the District Office if you do not object to the determination in this correspondence.
— - TUGWELL.TODD.JASON.104842929
3
Corps Regulatory Official: 2014.10.07 13:38:59 -04'00'
Date: October 7, 2014 Expiration Date of Jurisdictional Determination: October 7, 2019
Page 3 of 3
WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Action ID Number: SAW -2012-01079 County: Union
Permittee: North Carolina Ecosystem Enhancement Program Attn: Mr. Lin Xu
Date Permit Issued: October 7, 2014
Project Manager: Todd Tugwell
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the address of the Regulatory Field Office indicated below:
® Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
❑ Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
❑ Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
❑ Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
QT,l
WNW
North Carolina Department of Environment and
Pat McCrory
Governor
Mr. Lin Xu
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699
RECEIVED
SEF 1 1 2014
NC: ECUS'; STEty,
ENHANCEMENT PS'.0 GRr^-M
Natural Resources
John E. Skvarla, III
Secretary
September 9, 2014
DWR# 13-1087
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Poplin Ridge Stream Restoration
Dear Mr. Xu:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated August 18, 2014, and received by
the Division of Water Resources (the Division) on August 21, 2014. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3885, which can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/ws/401.
The General Certification allows you to use Nationwide Permit Number 27 once it is issued to you
by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. In addition to the requirements of the certification,
you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Wetlands 0.008 0.007 acre
Stream 8,234 linear ft. 0
3. This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
1617 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 919-607-63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper
4. Properly sized and fitted stone shall be utilized for the construction of cross vanes.
5. Riffle runs shall be constructed to ensure that normal stream flow is over the riffle, rather than
"through" the riffle.
6. Existing stream substrate should be utilized to seed the new channel to the maximum extent
practicable.
7. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins.
8. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks.
9. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401/Wetlands Unit of the Division.
11. Continuing Compliance. The applicant (Ecosystem Enhancement Program) shall conduct all
activities in a manner so as not to contravene any state water quality standard (including any
requirements for compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of state and federal law. If the Division determines that such standards
or laws are not being met (including the failure to sustain a designated or achieved use) or that
state or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 2H.0507(d). Before codifying the certification, the Division shall notify the applicant and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503,
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to the applicant in writing, shall be provided to the United
States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
htt�://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions maybe faxed to the OAH at (919) 431-3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
David Godley, Env. Banc & Exchange, 909 Capability Dr. Raleigh, 27606
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Date
Registration No.
�D-