HomeMy WebLinkAbout20170887 Ver 2_AsBuilt Report_20190910ID#* 20170887
Select Reviewer:*
Katie Merritt
Initial Review
Completed Date
09/12/2019
Mitigation Project Submittal - 9/10/201, -
Version* 2
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project:*
r— Stream r Wetlands W Buffer r Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Jason Lorch
Project Information
r Yes r
Email Address:*
jlorch@Wldlandseng.com
Existing 20170887 Existing
(DWR) (nunbersonly ...nodash) Version: (nurrbersonly)
ID#:*
Project Type: r DMS r Mitigation Bank
Project Name: Bethel Branch Buffer Mitigation Bank
County: Chatham
Document Information
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: Bethel Branch Buffer Site _AsBuilt Report.pdf 19.05MB
Rease upload only one RDF of the conplete file that needs to be subrritted...
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Signature:
Bethel Branch Buffer Mitigation Bank Parcel
DWR ID# 2017-0887v2
Wildlands Holdings IV, LLC’s Cane Creek Nutrient and Buffer Mitigation Bank
AS-BUILT & BASELINE MONITORING REPORT
September 2019
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Phone: 919-851-9986
Bethel Branch Buffer Mitigation Bank Parcel Page 1
As-Built & Baseline Monitoring Report – September 2019
AS-BUILT & BASELINE MONITORING REPORT
Bethel Branch Buffer Mitigation Bank Parcel
Wildlands Holdings IV, LLC
TABLE OF CONTENTS
1.0 Introduction ...........................................................................................................................2
2.0 Parcel Location & Background .................................................................................................2
2.1. Location and Setting ..................................................................................................................... 2
2.2. Parcel Background ........................................................................................................................ 3
2.3. Parcel Objectives .......................................................................................................................... 3
3.0 Restoration Activities ..............................................................................................................3
4.0 Mitigation Potential and Deviations from BPDP .......................................................................4
5.0 Monitoring Protocol & Success Criteria ....................................................................................4
6.0 Financial Assurance & Long Term Management .......................................................................5
6.1. Financial Assurance ...................................................................................................................... 5
6.2. Parcel Maintenance ...................................................................................................................... 5
7.0 References ..............................................................................................................................5
APPENDICES
Appendix A: General Figures and Tables
Table 1 Project Components and Riparian Buffer Mitigation Credits
Table 2 Project Activity and Reporting History
Table 3 Project Contact Table
Table 4 Project Information and Attributes
Table 5 Adjacent Forested Areas Existing Tree and Shrub Species
Table 6 Planted Tree Species
Figure 1 Parcel Location Map
Figure 2 Service Area Map
Figure 3 Credit Generation Map
Figure 4 Monitoring Components Map
Figure 5 As-Built Survey
Appendix B: Vegetation Plot Data
Table 7 Planted and Total Stem Counts
Vegetation Plot Photographs
Appendix C: NCDWR Surface Water Determination
On-Site Surface Water Determination Letter and Map (2017)
Appendix D: Conservation Easement
Appendix E: Financial Assurance
Appendix F: Overview Photographs
Appendix G: Permit Approvals
Bethel Branch Buffer Mitigation Bank Parcel Page 2
As-Built & Baseline Monitoring Report – September 2019
AS-BUILT & BASELINE MONITORING REPORT
Bethel Branch Buffer Mitigation Bank Parcel
Wildlands Holdings IV, LLC’s Cane Creek Nutrient Offset and Buffer Mitigation Bank
The Bethel Branch Buffer Mitigation Bank Parcel (Parcel) is part of the Cane Creek Nutrient Offset and
Buffer Mitigation Bank (Bank), created and entered into by Wildlands Holdings IV, LLC, acting as Bank
Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of
Water Resources (DWR). The Umbrella Mitigation Banking Instrument (UMBI) for the Bank and the Bank
Parcel Development Plan (BPDP) were approved in February and November of 2018. The project was
planned, designed, and constructed encompassing land along tributaries to South Fork Cane Creek in
Chatham County, NC (Figure 1). The Parcel was designed in concurrence with the Cane Creek Stream
and Wetland Mitigation Bank (SAW# 2016-02365). The purpose of the Parcel is to provide riparian
buffer mitigation credits to compensate for unavoidable buffer impacts in the 03030002 Hydrologic Unit
Code (HUC) of the Cape Fear River Basin, within the Haw River Sub-watershed of the Jordan Lake
Watershed. The service area is depicted in Figure 2. The mitigation credits generated from this parcel
are listed in Table 1 and shown in Figure 3, both in Appendix A.
1.0 Introduction
This Parcel was proposed to provide stream and wetland mitigation through the creation of a Stream
and Wetland Mitigation Bank Site on unnamed tributaries to South Fork Cane Creek as well as riparian
buffer mitigation through the creation of a Buffer Bank. Riparian restoration, enhancement (via livestock
exclusion), and preservation activities have generated 266,899.400 ft² of riparian buffer mitigation
credits.
The construction of the Stream Bank Site was completed in April 2019. No major adjustments were
made during construction that would drastically affect the Buffer Mitigation Bank Parcel. Due to a
survey error some adjustments were made to the conservation easement boundaries but the total
acreage remains the same. These changes are discussed further in Section 4.
For purposes of the Bethel Branch Buffer Mitigation Bank, the Parcel involved restoring riparian buffers
and other riparian areas adjacent to mitigated streams onsite in order to help reduce non-point source
contaminant discharges to downstream waters in the Jordan Lake Watershed within the Cape Fear River
Basin. Approximately 16.30 acres are now protected with a permanent conservation easement. Out of
the 16.30 acres, 10.86 acres were mitigated to generate Jordan Lake riparian buffer credit. Of the 10.86
acres, 3.44 acres qualify for buffer restoration, 4.87 acres for enhancement (via livestock exclusion), and
2.55 acres for buffer preservation. Riparian areas that were restored, enhanced, or preserved for buffer
credits are a minimum of 30 feet from the top of stream banks and out to a maximum of 60 feet. The
mitigation credits issued for riparian buffer preservation are adjusted per 15A NCAC 0295 (o)(5).
The NC Division of Water Resources (DWR) performed an onsite Site Viability for Buffer Mitigation and
Nutrient Offset on August 9, 2017. The correspondence related to the site visit is attached in Appendix
C and dated August 23, 2017.
2.0 Parcel Location & Background
2.1. Location and Setting
The Cane Creek Umbrella Mitigation Bank Parcels are located in Chatham and Alamance Counties near
the Town of Snow Camp, NC. The parcel described in this as-built and baseline monitoring report is the
Bethel Branch Bank Parcel (35° 49’ 45.56” N and 79° 22’ 11.37” W) which is located in Chatham County
Bethel Branch Buffer Mitigation Bank Parcel Page 3
As-Built & Baseline Monitoring Report – September 2019
within the Cape Fear River Basin Hydrologic Unit 03030002050050 (Cane Creek) and the North Carolina
Division of Water Resources (NCDWR) Subbasin 03-06-04 (Figure 2).
From Raleigh, take US-64 West to the exit for NC-87 N. Continue north on NC-87 for 1.8 miles and turn
left onto Silk Hope Gum Spring Road. Continue on Silk Hope Gum Spring Road for 8.1 miles. Turn right
onto Silk Hope-Lindley Mill Road and continue for 2.9 miles. Turn left onto Moon Lindley Road and
continue for 0.6 miles. Turn right onto R E Wright Road and the project area is accessible through the
gate 0.1 miles on the left.
2.2. Parcel Background
Prior to construction, the livestock pastures on the Parcel were dominated by fescue grasses (Festuca
spp.). Much of the riparian area on UT2 was wooded; however, livestock had access to the streams
throughout. The majority of UT1 and UT3 had little to no riparian vegetation and livestock also had
access to these systems. The Parcel has been mostly used for livestock grazing with small portions
maintained as managed herbaceous cover since before 1993. The extents of riparian buffers and
agricultural land have remained consistent over that time. Vegetation in the wooded areas was primarily
comprised of deciduous canopy species including willow oak (Quercus phellos), tulip poplar
(Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), and red maple (Acer rubrum).
The watershed has likely been periodically logged since humans settled this area, and many tree species
located in surrounding riparian areas are now mid-successional. The species in these areas are not
necessarily indicative of what would have been on-site before human disturbance.
Tables 2, 3, and 4 in Appendix A provide detailed information regarding the Project Activity and
Reporting History, Project Contacts, and Project Information and Attributes.
2.3. Parcel Objectives
The main objective of the Parcel is to reduce nitrogen and phosphorus loading to the Cape Fear
tributaries by fencing out livestock and establishing a forested riparian buffer on land previously used
for agricultural purposes. The riparian buffer will immobilize nutrients, reducing quantities available to
downstream aquatic ecosystems in the Cape Fear River Basin.
3.0 Restoration Activities
Developing the Parcel for mitigation required altering current land use practices. The majority of the
Parcel had been maintained as non-forested crops. The pond and earthen dam at the upstream end of
UT3 was removed and the stream channel was fully restored as a part of the Bethel Branch stream and
wetland mitigation plan. The Jordan Lake buffer restoration areas were replanted with appropriate
native tree species within the project corridors. Soil was ripped only in areas disturbed by construction
and trees were planted by hand at a density of 607 trees per acre. Planting was completed in April 2019.
The revegetation plan for the Parcel included permanent seeding, planting of bare root trees, live
stakes, herbaceous plugs, and controlling invasive species growth. The specific species composition
planted was selected based on the community type, occurrence of species in riparian areas adjacent to
the Parcel, and best professional judgement on species establishment and anticipated Parcel conditions
in the early years following project implementation. Adjacent forested areas were also used as a
reference (see Table 5). Table 6 lists the tree species that were planted on the Parcel. When necessary,
an appropriate seed mix was applied in areas disturbed by stream construction to provide temporary
ground cover for soil stabilization and reduction of sediment loss during rain events.
Bethel Branch Buffer Mitigation Bank Parcel Page 4
As-Built & Baseline Monitoring Report – September 2019
While planting was not needed in livestock exclusion areas, except where required in the stream and
wetland mitigation plan, a seed mix was applied where livestock removed vegetation and caused bare
soils. No preparation work was done in the buffer preservation areas. All areas of the conservation
easement were fenced using woven wire fencing and barbed wire to prevent encroachment by cattle
and goats (Figure 4).
4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP)
Approximately 16.30 acres are now protected with a permanent conservation easement (Appendix D).
Out of the 16.30 acres, a total of 10.86 acres of riparian areas have been mitigated to generate Jordan
Lake riparian buffer credit. Of those 10.86 acres, 3.44 acres have been restored, 4.87 acres have been
enhanced by permanently excluding livestock and stabilizing soils, and 2.55 acres have been preserved
(Figure 3). The mitigation areas are a minimum of 30 feet from the top of stream bank.
Since the approval of the BPDP, modifications were made to the conservation easement boundaries.
These necessary changes were caused by a survey error which was discovered during construction. The
total conservation easement acreage is still 16.30 acres but because of the shift in easement placement,
the acreage and credits for the types of mitigation within the easement have changed. The largest shift
occurred on the upstream portion of UT2 (see Figure 3). This contributed to a 0.46-acre gain in buffer
restoration but caused a 0.36-acre loss of preservation area. The easement was extended at the
upstream end of UT1 and moved out near the confluence of UT2 and UT3 contributing to a 0.2-acre gain
in buffer enhancement via livestock exclusion. In addition, there are areas within the easement where
no credit is being claimed including portions of the easement along the downstream end of UT2 where
the boundary is less than 30 feet from top of bank. There were also four vernal pools added to create
habitat as part of the stream and wetland mitigation bank, one of which is in the enhancement via
livestock exclusion area. Because of the changes, it was necessary to recalculate the buffer
credits. Revised credit amounts are shown in Table 1 in Appendix A.
After applying appropriate credit reductions and credit ratios, the Bethel Branch Buffer Mitigation Parcel
generated a total of 6.13 acres (266,899.400 square feet) of Jordan Lake riparian buffer credit. A map
detailing the credit generation is provided in Figure 3.
5.0 Monitoring Protocol & Success Criteria
Two 10-meter by 10-meter and one 5-meter by 20-meter vegetation monitoring plots were installed
within the buffer restoration area to measure the survival of the planted trees (Figure 4). The number of
plots required was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS)
Levels 1 & 2. Vegetation assessment was conducted in April 2019 following the CVS Levels 1 & 2
Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). Performance Standards for the Project
will be based on the health and survival of a minimum density of 260 trees per acre after five years of
monitoring, with a minimum of four native hardwood tree or shrub species composition and no one
species comprises more than 50 percent of stems. Height, DBH, and visual assessment of damage and
vigor will be used as indicators of overall health. Desirable volunteer species may be included to meet
the success criteria upon DWR approval. The as-built baseline data shows a planted tree density of 607
stems per acre (Table 7 in Appendix B). All planted stems were marked with flagging tape and recorded.
A reference photo was taken from the southwest corner of each vegetation plot. See Appendix B for as-
built baseline vegetation plot reference photos and Appendix F for site overview photos.
Annual monitoring activities will begin in the fall of 2019 and will commence in September or October
for the remainder of the monitoring period or until vegetation success criteria is met. Species
composition, density, and survival rates will be evaluated on an annual basis by plot for the entire site.
Bethel Branch Buffer Mitigation Bank Parcel Page 5
As-Built & Baseline Monitoring Report – September 2019
All planted stems will be marked with flagging tape and a reference photo will be taken from the
southwestern corner of each vegetation plot and included in the annual monitoring report. Wildlands
shall submit to NCDWR an annual monitoring report no later than December 31st of each year for five
consecutive years.
6.0 Financial Assurance & Long-Term Management
6.1. Financial Assurance
A Performance Bond in the amount of $100,000 has been secured for 100% of the estimated cost to
implement the monitoring and maintenance plan. The Performance Bond applies from the approval of
the as-built report until the end of monitoring year one and will be extended annually for a minimum of
five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to
complete the monitoring. A copy of the monitoring bond is provided in Appendix E.
6.2. Parcel Maintenance
The Parcel has been marked by adding witness posts with easement placards every 100 feet and at
every corner of the easement. Fence location was agreed upon by the landowner and is accurately
displayed in Figure 4.
Adaptive measures will be developed, or appropriate remedial actions will be implemented in the event
that the Parcel or a specific component of the Parcel fails to achieve the success criteria. Parcel
maintenance will be performed to correct any identified problems that have a high likelihood of
affecting project success. Such items include but are not limited to excess tree mortality caused by fire,
flooding, drought, or insects. Any actions implemented will be designed to achieve the success criteria
and will include a work schedule and updated monitoring criteria.
7.0 References
Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources,
Ecosystem Enhancement Program. October 2004.
Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS-EEP Protocol for Recording
Vegetation Version 4.0. Retrieved from
http://www.nceep.net/business/monitoring/veg/datasheets.htm.
Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording
vegetation composition and structure. Castanea 63:262-274. http://cvs.bio.unc.edu/methods.htm
Wildlands Holdings IV, LLC (2018). Bethel Branch Buffer Mitigation Bank Parcel Development Package.
NCDWR, Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks
APPENDIX A. General Figures and Tables
Table 1. Project Components and Riparian Buffer Mitigation Credits
Bethel Branch Buffer Mitigation Bank Parcel
Monitoring Year 0 - 2019
Riparian Width Credit Type Mitigation Type Credit Ratio Total Area From
Survey (sf)% of Full Credit
Total (Creditable) Area
of Buffer Mitigation
(sf)
Mitigation Credits
(sf)
Top of Bank – 100’, Min. 30'Riparian Buffer 88,800 100%88,800 88,800.000
Top of Bank – 100’, Min. 30'
Riparian Buffer
UT3 - Ephemeral
Downstream of Pond
29,765 100%29,765*29,765.000
Top of Bank – 100’, Min. 30'Riparian Buffer
UT3 - Pond Area 31,185 100%31,185*31,185.000
Top of Bank – 100’, Min. 30'Riparian Buffer Enhancement -
Livestock Exclusion 2:1 212,085 100%212,085 106,042.500
Top of Bank – 100’, Min. 30'Riparian Buffer Preservation 10:1 111,069 100%111,069^11,106.900
118,565.000
31,185.000
106,042.500
11,106.900
266,899.400
Table 2. Project Activity and Reporting History
Bethel Branch Buffer Mitigation Bank Parcel
Monitoring Year 0 - 2019
Table 3. Project Contact Table
Bethel Branch Buffer Mitigation Bank Parcel
Monitoring Year 0 - 2019
Table 4. Project Information and Attributes
Bethel Branch Buffer Mitigation Bank Parcel
Monitoring Year 0 - 2019
DWR Sub-basin
Project Drainage Area (acres)
Project Drainage Area Percentage of Impervious Area
CGIA Land Use Classification
Bethel Branch Buffer Mitigation Bank Parcel
Chatham County
16.30
35° 49’ 45.56” N, 79° 22’ 11.37” W
Piedmont
Cape Fear
03030002
03030002050050
03-06-04
485.0
3%
70% pasture, 26% forested, 3% impervious, 1% unmanaged herbaceous
PROJECT WATERSHED SUMMARY INFORMATION
Physiographic Province
River Basin
USGS Hydrologic Unit 8-digit
USGS Hydrologic Unit 14-digit
PROJECT INFORMATION
Project Name
County
Project Area (acres)
Project Coordinates (latitude and longitude)
Fall 2023
Fall 2021
Fall 2020
September 2019
Completion or Scheduled Delivery
February 2018
Fall 2022
1430 S. Mint Street, Suite 104
Charlotte, NC 28203
919.851.9986
Bank Sponsor
Wildlands Holdings IV, LLC
N/A
April 2019
N/A
Date Collection Complete
Bare Root Planting
As-Built & Baseline Monitoring Document
Year 1 Monitoring
Year 2 Monitoring
Year 5 Monitoring
N/AWildlands Holdings IV, LLC Cane Creek UMBI
Activity or Report
BPDP
N/A
Year 3 Monitoring
Year 4 Monitoring
Bruton Natural Systems, Inc
P.O. Box 1197
Fremont, NC 27830
Dykes and Son Nursery
Planting Contractor
Jason Lorch
919.851.9986, ext. 107
Monitoring Performers
Monitoring, POC
Wildlands Engineering, Inc.
Nursery Stock Suppliers
N/A
N/A April 2019
*The area of buffer restoration credit around ephemeral stream reaches makes up 12.9% of the total buffer mitigation area.
November 2018N/A
N/A September 2019Conservation Easement
N/A Fall 2019
^The area of preservation credit makes up 23% of the total buffer mitigation area.
Total Riparian Buffer Restoration Credits
Total Riparian Buffer Preservation Credits
Total Riparian Buffer Credits
1:1Restoration
Total Riparian Buffer Enhancement - Livestock Exclusion Credits
Total UT3 - Pond Area Buffer Restoration Credits
Table 5. Adjacent Forested Areas Existing Tree and Shrub Species
Bethel Branch Buffer Mitigation Bank Parcel
Scientific Name Common Name
Acer rubrum Red Maple
Liriodendron tulipifera Tulip Poplar
Liquidambar styraciflua Sweetgum
Quercus alba White Oak
Quercus nigra Water Oak
Quercus phellos Willow Oak
Ulmas americana American Elm
Table 6. Planted Tree Species
Bethel Branch Buffer Mitigation Bank Parcel
Scientific Name Common Name Planted Number % of Total
Betula nigra River Birch 1,046 20%
Celtis occidentalis Northern Hackberry 162 3%
Fraxinus pennsylvanica Green Ash 886 17%
Liriodendron tulipifera Tulip Poplar 323 6%
Platanus occidentalis Sycamore 1,046 20%
Quercus lyrata Overcup Oak 523 10%
Quercus pagoda Cherrybark Oak 362 7%
Quercus phellos Willow Oak 523 10%
Ulmus americana American Elm 362 7%
Total 5,233 100%
Monitoring Year 0 - 2019
Monitoring Year 0 - 2019
Bethel Branch Parcel Location
Chatham County, NC
Figure 1. Parcel Location Map
Bethel Branch Buffer Mitigation Bank Parcel
As-Built Report
Cape Fear River Basin 03030002
0 10.5 Miles Re Wright RdMoon Lindley Rd2018 Aerial Photography
¹
^_
Haw River
Haw River Upper New Hope
Lower New Hope
03030002
Figure 2. Service Area Map
Bethel Branch Buffer Mitigation Bank Parcel
As-Built Report
Cape Fear River Basin 03030002
County Boundaries
HUC 03030002
Jordan Lake Sub-Watersheds
Service Area - Riparian Buffer Credits
^_Bethel Branch Parcel Location
Chatham County, NC
0 105 Miles ¹
Pond removed
UT1
UT1
UT2
UT3
UT2
Chatham County, NC
0 350175 Feet ¹
Conservation Easement (16.30 Ac)
BPDP Conservation Easement (16.30 Ac)
Wetlands (3.21 Ac)
Project Streams (2.05 Ac)
Credit Zones
Buffer Restoration (2.04 Ac)
Buffer Restoration - Ephemeral (0.68 Ac)
Buffer Restoration - Pond Area (0.72 Ac)
Livestock Exclusion (4.87 Ac)
Buffer Preservation (2.55 Ac)
No Credit (0.18 Ac)
Non Project Streams
Figure 3. Credit Generation Map
Bethel Branch Buffer Mitigation Bank Parcel
As-Built Report
Cape Fear River Basin 03030002
2017 Aerial Photography
[[[[[[[[[[[[[[[[[[[[[[[[
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Pond removed
UT1
UT1
UT2
UT3
UT2
3
2
1
Chatham County, NC
0 350175 Feet ¹
Conservation Easement (16.30 Ac)
Vegetation Plots
Wetlands (3.21 Ac)
Project Streams (2.05 Ac)
Credit Zones
Buffer Restoration (2.04 Ac)
Buffer Restoration - Ephemeral (0.68 Ac)
Buffer Restoration - Pond Area (0.72 Ac)
Livestock Exclusion (4.87 Ac)
Buffer Preservation (2.55 Ac)
No Credit (0.18 Ac)
[[Fencing
Non Project Streams
Figure 4. Monitoring Components Map
Bethel Branch Buffer Mitigation Bank Parcel
As-Built Report
Cape Fear River Basin 03030002
2017 Aerial Photography
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SITE
I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND
SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER
MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE AND
COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD,
THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK SEE , PG
NOTES RECORDED IN CHATHAM COUNTY REGISTER OF DEEDS OFFICE,
AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM AS -BUILT
CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY
ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 15th DAY
OF AUGUST, 2019. 1111 I II///////
CAROM
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SEAL
Et1SABETH G. TURNER, P.L.S. #L-4440 = r -4440 A:t.
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GENERAL NOTES:
BETHEL BRANCH MITIGATION SITE
1:.:.:
D
D
DRiparian BufferCred it: SQ. FT. Acres
Buffer Restoration 88,800 2.04
0'-100' (Min. 30')
Buffer Restoration
U T3 Ephemeral Channel 29,765 0.68
0'-100' (Min. 30')
Buffer Restoration
POND AREA 31,185 0.72
0'-100' (Min. 30')
Cattle Exclusion 212,085 4.87
0'-100' (Min. 30')
Buffer Preservation 111,069 2.55
0'-100' (Min. 30')
Wetlands 139,773 3.21
PME/07P
NF 1
M DARRYL LI DLEY TRUSTEE \\
DB 1537, PG 881
PB D -B, PG 579
PID 0073466
PIN: 8785-97-1939
1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY
D
FEET UNLESS OTHERWISE NOTED.
o
2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) DATUM.
33'
3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE
m
COMPUTATION METHOD.
REVISIONS, DATE AND INITIAL:
4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR
WILDLANDS ENGINEERING, INC.
RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT.
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THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND
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TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT.TRUSTEE
DB 1537, PG 881
6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR
PB 30, PG 7
PID 0001073
ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S).
PIN: 8795-07-776E
7. CONSERVATION EASEMENT MAP NOT RECORDED AT TIME OF BUFFER
AS -BUILT. EASEMENT LINES PROVIDED BY WILDLANDS ENGINEERING.
BETHEL BRANCH MITIGATION BANK PARCEL
SEE MEMORANDUMS OF OPTION RECORDED IN DEED BOOK 1713, PG.
204 IN THE CHATHAM COUNTY REGISTER OF DEEDS OFFICE.
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8. STREAM TOP OF BANK LINES PROVIDED BY WILDLANDS ENGINEERING
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TAKEN FROM AS -BUILT TOPOGRAPHIC SURVEY BY OTHERS.
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Streams
89,262
2.05
N o C red it
7,758
0.18
Total CE Area
709,697
16.30
NF 1
M DARRYL LI DLEY TRUSTEE \\
DB 1537, PG 881
PB D -B, PG 579
PID 0073466
PIN: 8785-97-1939
1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY
D
FEET UNLESS OTHERWISE NOTED.
o
2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) DATUM.
33'
3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE
m
COMPUTATION METHOD.
REVISIONS, DATE AND INITIAL:
4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR
WILDLANDS ENGINEERING, INC.
RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT.
O
THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND
�r
THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT
W
ARE NOT CHANGED BY THIS PLAT.
N/F
M DARRYL LINDLEY
5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE
TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT.TRUSTEE
DB 1537, PG 881
6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR
PB 30, PG 7
PID 0001073
ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S).
PIN: 8795-07-776E
7. CONSERVATION EASEMENT MAP NOT RECORDED AT TIME OF BUFFER
AS -BUILT. EASEMENT LINES PROVIDED BY WILDLANDS ENGINEERING.
BETHEL BRANCH MITIGATION BANK PARCEL
SEE MEMORANDUMS OF OPTION RECORDED IN DEED BOOK 1713, PG.
204 IN THE CHATHAM COUNTY REGISTER OF DEEDS OFFICE.
'Z
8. STREAM TOP OF BANK LINES PROVIDED BY WILDLANDS ENGINEERING
C)
TAKEN FROM AS -BUILT TOPOGRAPHIC SURVEY BY OTHERS.
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CAPE FEAR RIVER BASIN
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THIS MAP IS NOT FOR RECORDATION, SALES, OR
SCALE: 1 inch = 300 feet (11x17) DOES NOT COMPLY WITH G.S. 47-30 MAPPING
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CONVEYANCES AND
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Certified DBE/WBE
APPENDIX B. Vegetation Plot Data
Table 7. Planted and Total Stem Counts
Bethel Branch Buffer Mitigation Bank Parcel
PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T
Betula nigra River Birch Tree 3 3 3 3 3 3 3 3 3 9 9 9
Celtis occidentalis Northern Hackberry Shrub Tree 1 1 1 1 1 1
Fraxinus pennsylvanica Green Ash Tree 2 2 2 2 2 2 2 2 2 6 6 6
Liriodendron tulipifera Tulip Poplar Tree 3 3 3 3 3 3
Platanus occidentalis Sycamore Tree 2 2 2 6 6 6 4 4 4 12 12 12
Quercus lyrata Overcup Oak Tree 2 2 2 1 1 1 3 3 3
Quercus pagoda Cherrybark Oak Tree 3 3 3 1 1 1 3 3 3 7 7 7
Quercus phellos Willow Oak Tree 1 1 1 1 1 1 1 1 1 3 3 3
Ulmus americana American Elm Tree 1 1 1 1 1 1
15 15 15 15 15 15 15 15 15 45 45 45
7 7 7 6 6 6 7 7 7 9 9 9
607 607 607 607 607 607 607 607 607 607 607 607
Color for Density
Exceeds requirements by 10%
Exceeds requirements, but by less than 10%
Fails to meet requirements, by less than 10%
Fails to meet requirements by more than 10%
PnoLS - Planted Stems Excluding Live Stakes
P-all - All Planted Stems
T - All Woody Stems
1
0.02
Annual Means
MY0 (2019)
Stem count
size (ares)
size (ACRES)
3
0.07
Current Plot Data (MY0 2019)
Scientific Name Common Name Species Type
VP 1 VP 2 VP 3
Monitoring Year 0 - 2019
Stems per ACRE
1
0.02
1
0.02
Species count
VEGETATION PLOT PHOTOGRAPHS
Bethel Branch Buffer Mitigation Bank Parcel
Bethel Branch Buffer Mitigation Bank Parcel
Appendix B: Vegetation Plot Data – Vegetation Plot Photographs
VEGETATION PLOT 1 (04/25/2019) VEGETATION PLOT 2 (04/25/2019)
VEGETATION PLOT 3 (04/25/2019)
APPENDIX C. NCDWR Surface Water Determination
Water Resources
ENVIRONMENTAL QUALITY
August 23, 2017
Andrea Eckardt
Wildlands Engineering, Inc.
1430 S. Mint Street
Charlotte, NC 28210
(via electronic mail: aeckardt@wildlandseng.com)
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Bethel Branch Mitigation Site
1140 Moon Lindley Rd, Pittsboro/Snow Camp, NC
Chatham County
Dear Ms. Eckardt,
On August 1, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Wildlands Engineering Inc. (WEI) for a site visit near the above -referenced site in the Haw
River Sub -watershed of Jordan Lake. The site visit was to determine the potential for riparian buffer
mitigation and nutrient offset. On August 9, 2017, Ms. Merritt performed a site assessment of the
subject site, which is more accurately shown in the attached map labeled "Bethel Branch Site Map".
This site is also being proposed as a stream restoration site by WEI.
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subiect
Riparian Land uses
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
to Buffer
of Feature onsite
areas
ID
Credit
Offset Viable
Rule
0-200'
at 2,249.36
Viable
lbs -N acre
UT -1
Stream
Yes
Mix of forested &
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
non -forested Pasture
forested
NCAC 0213 .0295 (o)(6)
grazed by livestock
pasture only)
Non -forested pasture — Restoration site per 15A
NCAC 02B .0295 (n)
UT -2
Stream
Yes
mostly mature
Yes
Yes (fields
Forested areas = Preservation Site per 15A
natural forest with
only)
NCAC 026 .0295 (o)(5)
Upstream of
some open fields of
culverted
hay;
Fields = Restoration site per 15A NCAC 02B
crossing 'A"
.0295 (n)
(see map)
UT -2
Stream
Yes
Mix of forested &
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
non -forested Pasture
forested
NCAC 02B.0295 (o)(6)
Down-
grazed by livestock
pasture &
stream of
with some corn fields
fields only)
Non -forested pasture or fields — Restoration
culverted
site per 15A NCAC 02B .0295 (n)
crossing 'A"
(see map)
State of North Carolina J Environmental Quality � Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Bethel Branch Mitigation Site
Wildlands Engineering, Inc.
August 23, 2017
Feature ID
Classification
'Subject
Riparian Land uses
Buffer
zNutrient
Mitiaation Type Determination w/in riparian
areas
to Buffer
of Feature onsite
Credit
Offset Viable
Rule
0-200'
Viable
at 2,249.36
lbs -N acre
UT -3
Ephemeral &
No
N/A
No
No
N/A
Easement
Pond
boundary to
Ephemeral channel drains directly to ag pond
pond outfall
UT -3
Ephemeral
No
Non -forested pasture
Yes
Yes
Restoration Site per 15A NCAC 02B .0295 (o)(7)
Pond outfall
grazed by livestock
Must meet all requirements under.0295 (o)(7)
to DWR flag
to be viable for buffer mitigation.
UT -3
Stream
Yes
Mix of forested &
Yes
Yes (non-
Forested pasture - Enhancement Site per 15A
At tree
non -forested Pasture
forested
NCAC 02B.0295 (o)(6)
cluster/
grazed by livestock
pasture only)
DWR flag to
Non -forested pasture — Restoration site per 15A
UT -2
NCAC 02B .0295 (n)
confluence
UT -4
Ephemeral
No
Hayfield
Yes
Yes
Restoration Site per 15A NCAC 02B .0295 (o)(7)
Must meet all requirements under .0295 (o)(7)
to be viable for buffer mitigation.
'Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000
scale quadrangle topographic map prepared by USGS or the most recent printed version of the soil survey map prepared
by the NRCS.
z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately.
Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on
August 23, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or 'nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
Pii e 213
Bethel Branch Mitigation Site
Wildlands Engineering, Inc.
August 23, 2017
This viability assessment will expire on August 23, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
KAH/km
Attachments: Bethel Branch Site Map, USGS Topo
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 313
M Darryl Lindley Bethel Branch Determination Aerial* I V
Project Parcel y
Proposed Conservation Easement Area
Pvrennii9 5tmam q
• • ... Interinirtimt Stream
Ephemeral Channel
a I .y�t r �r3 ►
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Wap initially provided by Wildlands Inc has been manipulated to reflect DWR determinations.
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Silk Hope USGS 7 5 minute topographic quadrangle
Bethel Branch - USGS Topo Map
W I L D L A N D S 0 250 500 Feett
Cane Creek Mitigation Bank
ENGINEERING I I I I I Cape Fear River Basin 03030002
DWp.- * ;b l r� bg50 Chatham Couniy, NC
APPENDIX D. Conservation Easement
APPENDIX E. Financial Assurance
PERFORMANCE BOND Travelers Casualty and Surety Company of America
FOR MONITORING One Tower Square, Hartford CT 06183
Bond No. 107063173
KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings IV, LLC, as Principal, and Travelers Casualty
and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly
bound unto _North Carolina Department of Environmental Quality (nCDEQ) — Division of Water Resources (DWR)
(Obligee), in the penal sum of One Hundred Thousand and no/100 Dollars ($100,000) lawful money of the United
States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves,
their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain
written Agreement with the above named Obligee, effective the 6 day of March, 2018 for Bethel Branch Buffer
Mitigation Bank Parcel located within the Cape Fear River Basin within the Haw River Sub watershed of the
Jordan Lake Watershed in the State of North Carolina United States Geological Survey ("USGS" Hydrologic Unit
code 03030002), and more fully described in said Agreements, a copy of which is attached, which Contract is made a
part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise
modify the term of the bond as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall
become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by
the Obligee.
Notwithstanding the provisions of the Contract, the term of this bond shall apply from September 4, 2019 and end with
the approval of the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality — Division of
Mitigation Services but may be extended by the Surety with a Continuation Certificate for future monitoring years 2 - 6.
However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the
event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or
continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection
therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions,
riders, or endorsements properly issued by the Surety as supplements thereto.
Sealed with our seals and dated this 4 day of September, 2019
Witness
Witness
WIL ANDS HOLDINGS IV LLC
LIA Principal
Agreed and acknowledged this day of 2019
By:
Obligee
4309 Emperor Blvd., Suite 300
Durham, NC 27703
Travelers Casualty and Surety Company of America
ASW Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint PHOEBE C HONEYCUTT of DURHAM
North Carolina their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February,
2017.
-A P Tr apo
ff'r,,y^ J
aij HA rdFitA, ` � c HARTFORD, + ' [ Ui
k' COtltt. ,a CONN.
d
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State of Connecticut
By:
City of Hartford ss. Robert L. Raney, Senior Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. c T�
My Commission expires the 30th day of June, 2021 iAq �(`(�QN�. t
* ���c�* Mane C. Tetreault, Notary Public
Cf'f'
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this 4 day of September 12019
��1%W �Fipc� 93pt�r apQ .��, tl
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CON IIA . , + 87IWiAC[
A�rAklti. $ CONN. o VAL
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney4n-Fact and the details of the bond to which the power is attached.
APPENDIX F. Overview Photographs
Bethel Branch Buffer Mitigation Bank Parcel
Appendix F: Overview Photographs
Bethel Branch Buffer Mitigation Bank Parcel
Appendix F: Overview Photographs
Bethel Branch Buffer Mitigation Bank Parcel
Appendix F: Overview Photographs
APPENDIX G. Permit Approvals
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
interim Director
November 7, 2018
DWR # 17-0887
Chatham County
Wildlands Engineering
Attn: Charlie Neaves
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Bethel Branch Mitigation Site- Cane Creek Umbrella
Dear Mr. Neaves:
You have our approval for the impacts listed below for the purpose described in your
application dated September 12, 2018, received by the Division of Water Resources
September 24, 2018. These impacts are covered by the attached Water Quality General
Certification Number 4134 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army
Corps of Engineers. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific
and general conditions of the Certification, are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 116H Mail Service Center I Raleigh. North Carolina 276941611
919.707.9000
T
om.w.eau.INAT
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 116H Mail Service Center I Raleigh. North Carolina 276941611
919.707.9000
Bethel Branch Mitigation Site
DWR# 17-0887
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
W -J
0.017 acres
0.013 acres
W -I
0.004
0.007
W -H
0.018
0.007
W -G
0.002
0
W -F
0.003
0.003
W -E
0.002
0
W -A
0.001
0
W-8
0.040
0
Total
0.087
0.03
Stream
S1
275 linear feet
0 linear feet
S2
505
0
S3
893
0
S4
696
0
S5
1,139
0
S6
145
0
S7
438
0
S8
544
0
Total
4,635
0
Open Waters
Site 1
1.07 acres
0 acres
Total
1.07
0
2. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Certification. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and
General Certification (s) and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The issuance of the 401 Water Quality Certification for the
restoration/enhancement project does not represent an approval of credit yield for
the project. [15A NCAC 02H .0500(h)]
Bethel Branch Mitigation Site
DWR# 17-0887
Page 3 of 4
4. You have our approval for your proposed final stream enhancements/restorations
plan. The stream restorations/enhancements must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of
Coverage. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the
repairs or adjustments. [15A NCAC 02H .0506(h)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 for information. 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 between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one
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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Bethel Branch Mitigation Site
DWR# 17-0887
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or mac.hauptPncdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Danny Smith, DWR Raleigh Regional Office 401 file (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 170887BethelBranch(Chatham) 401 appy Itr.Nov 7,2018.docx
November 8, 2018
Regulatory Division
Action ID No: SAW-2016-02365
Re: NCIRT Review and USACE Approval of the Request for Modification to the Cane Creek
Umbrella Mitigation Banking Instrument (UMBI) to add the Bethel Branch Site
Mr. Jeff Keaton
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Dear Mr. Keaton:
This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has
reviewed and approved the Bethel Branch Site, dated October 2018. In addition, the Corps has
issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters of the
United States associated with restoration of aquatic resources on the mitigation bank site. As bank
sponsor you are required to comply with the approved Cane Creek UMBI, Final Mitigation Plan–
Cane Creek Umbrella Mitigation Bank – Bethel Branch Site, the terms and conditions of your
NWP 27 verification letter, and the Corps’ regulations regarding compensatory mitigation (33 CFR
332).
The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation
activities associated with the approved mitigation bank site. In accordance with the final
mitigation plan, the bank sponsor must prepare and submit annual monitoring reports to
document whether the stream (6,423 linear feet) and wetland (3.22 acres) restoration and
enhancement areas on the project site meet the necessary interim and final performance
standards. When credits are debited from the mitigation site, the bank sponsor must provide the
Corps with an updated ledger form identifying the purchaser of the credits, the project name, the
permit number, and the number and type of credits to be debited. When all stream (5,228 stream
mitigation units (SMUs)) and wetland (3.107 wetland mitigation units (WMUs)) credits have
been consumed, no more credits may be sold from this mitigation site.
From the Corps’ perspective, the next phase in the establishment of the Cane Creek UMBI,
Bethel Branch Site, includes recording the conservation easement to protect the mitigation site,
marking the boundary of the site with permanent signs, and executing the necessary financial
assurances. Once the conservation easement has been recorded and we receive the required
executed financial assurance documents, the Corps will be in a position to approve an initial
credit release for 15% of the total stream and wetland restoration and enhancement mitigation
credits. We look forward to working with you to ensure the Bethel Branch Site complies with the
requirements of the approved UMBI and site-specific mitigation plan
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
In all future correspondence concerning this matter, please refer to our file number, SAW-
2016-02365. If you have any questions regarding this letter, the mitigation plan review process, or
the requirements of the Mitigation Rule, please contact Ms. Samantha Dailey by email at
Samantha.J.Dailey@usace.army.mil or by phone at (919) 554-4884 extension 22.
Sincerely,
Henry M. Wicker
Deputy Chief, Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
WICKER.HENRY.M.JR.12298
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Date: 2018.11.09 10:38:05 -05'00'
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-02365 County: CHATHAM U.S.G.S. Quad: NC-CRUTCHFIELD CROSSROADS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant:Wildlands Engineering, Inc.
Mr. Jeff Keaton
Address: 312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Size (acres) 16.30 Nearest Town Snow Camp
Nearest Waterway South Fork Cane Creek River Basin Cape Fear River
USGS HUC 03030002 Coordinates Latitude: 35.82833
Longitude:-79.36722
Description of the project location: The project area is identified as an approximate 16.30-acre tract of land, located on
Chatham County Parcels 1073, 1053, and 1054. These parcels are located at 277 Re Wright Road, Snow Camp, Chatham
County, North Carolina (Latitude: 35.82833, Longitude: -79.36722). Work in waters of the United States would occur within
the South Fork watershed in the Cape Fear River (8-digit HUC: 03030002).
Description of projects area and activity: The applicant, Wildlands Engineering, Inc., has requested a Department of the Army
authorization to discharge dredged and/or fill material into waters of the United States in conjunction with the Cane Creek
Umbrella Mitigation Bank, Bethel Branch Site. Project activity will involve the restoration and enhancement 6,423 linear feet
of stream channel and 3.22 acres of wetland. Implementation of the proposed restoration and enhancement activities will
result in the discharge of fill material into 0.117 acres of wetland and 4,635 linear feet of stream channel in conjunction with
the mechanized land clearing, excavation, and stream relocation activities for the Bethel Branch Site. Compensatory
mitigation is NOT required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed
summary of impacts
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 – Aquatic Habitat Restoration,
Enhancement, and Establishment Activities
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
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 October 2018. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, 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 Quality (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 (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
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 Samantha Dailey at 919-554-4884 x22 or Samantha.J.Dailey@usace.army.mil.
Corps Regulatory Official: ___________________________
Samantha J. Dailey
Date: November 8, 2018
Expiration Date of Verification: March 18, 2022
DAILEY.SAMANT
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Table 1. Authorized discharge of fill material into waters of the United States in association with the
Bethel Branch Site (SAW-2016-02365).
Impact Number/
Aquatic
Resource ID
Flow
Regime or
Cowardin
Class
Fill Length of
Stream (lf)
Fill acreage of
wetland (ac)
Duration of
Fill Material
Regulated Discharge
of Fill Material
Activity
Wetland J Riparian N/A 0.017 Permanent Channel Excavation
Wetland J Riparian N/A 0.013 Temporary Floodplain Grading
Wetland I Riparian N/A 0.004 Permanent Channel Excavation
Wetland I Riparian N/A 0.007 Temporary Floodplain Grading
Wetland H Riparian N/A 0.018 Permanent Channel Excavation
Wetland H Riparian N/A 0.007 Temporary Floodplain Grading
Wetland G Riparian N/A 0.002 Permanent Channel Excavation
Wetland F Riparian N/A 0.003 Permanent Channel Excavation
Wetland F Riparian N/A 0.003 Temporary Floodplain Grading
Wetland E Riparian N/A 0.002 Permanent Channel Excavation
Wetland A Riparian N/A 0.001 Permanent Fill – Restoration
Wetland B Riparian N/A 0.040 Permanent Channel Excavation
S1
UT1-R1A Perennial 275 N/A Permanent Fill – Restoration
S2
UT1-R1B Perennial 505 N/A Permanent Fill – Restoration
S3
UT1-R1C Perennial 893 N/A Temporary Fill – Restoration
S4
UT1-R1C Perennial 696 N/A Temporary Fill – Restoration
S5
UT2-R2 Perennial 1139 N/A Permanent Fill – Restoration
S6
UT2-R2 Perennial 145 N/A Temporary Fill – Restoration
S7
UT2-R3 Perennial 438 N/A Temporary Fill – Restoration
S8
UT3 Perennial 544 N/A Temporary Fill – Restoration
TOTALS
Permanent: 4,635
Temporary: 0
Permanent: 0.030
Temporary:0.087
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02365
WILDLANDS ENGINEERING, INC.
BETHEL BRANCH SITE
MITIGATION
1. The permittee understands and agrees that the document entitled “Final Mitigation Plan – Cane Creek
Umbrella Mitigation Bank – Bethel Branch Site” dated October 2018”, is incorporated and made part of
this permit. Execution of the work and terms given in the approved mitigation plan are a condition of
this permit.
Action ID Number: SAW-2016-02365 County: CHATHAM
Permittee: Wildlands Engineering, Inc.
Mr. Jeff Keaton
Project Name: Bethel Branch Site
Date Verification Issued: November 8, 2018
Project Manager: Samantha Dailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27857
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in 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.
There are waters of the U.S., including wetlands, on 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.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on ______________. 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.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or
by email at Samantha.J.Dailey@usace.army.mil.
C.Basis For Determination: Refer to the enclosed Preliminary JD Form and Figure 3 Site Map, for a
detailed summary of waters on-site
D. Remarks:
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 for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: ______________________________________________________
Samantha J. Dailey
Date:November 8, 2018 Expiration Date:N/A
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
DAILEY.SAMANTHA.J
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Wildlands Engineering, Inc.
(Attn: Mr. Jeff Keaton)
File Number: SAW-2016-02365 Date: November 8, 2018
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Raleigh Regulatory Field Office
Attn: Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division,Attn: Ms. Samantha Dailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
November 8, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Applicant:Wildlands Engineering, Inc.
Mr. Jeff Keaton
Address: 312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Cane Creek UMBI-Bethel Branch Site, Wildlands
Engineering, Inc., Chatham County, SAW-2016-02365
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State:NC County/parish/borough: Chatham City: Snow Camp
Center coordinates of site (lat/long in degree decimal format): Lat. 35.82833°N, Long. -79.36722°W.
Universal Transverse Mercator:
Name of nearest water body:South Fork Cane Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
Office (Desk) Determination. Date:November 8, 2018
Field Determination. Date(s):November 21, 2017
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this
PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed
decision after having discussed the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring “pre-construction notification” (PCN), or requests verification for a non-reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made
aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to
use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and
all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R.
Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there “may be” waters of the U.S. and/or that there “may be” navigable waters of the U.S. on the subject review area, and
identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply):Checked items should be included in
subject file. Appropriately reference sources below where indicated for all checked items:
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:Wildlands Engineering, Inc. Final
Jurisdictional Determination Request, dated November 30 2017.
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps: .
Corps navigable waters’ study: .
U.S. Geological Survey Hydrologic Atlas: .
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:1:24K, NC-Crutchfield Crossing
USDA Natural Resources Conservation Service Soil Survey. Citation:Web Soil Survey: November 2017.
National wetlands inventory map(s). Cite name:Corps of Engineers SimSuite – November 2017.
State/Local wetland inventory map(s): .
FEMA/FIRM maps: .
100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date):1998 NAPP & 2010 ESRI World Imagery.
or Other (Name & Date): .
Previous determination(s). File no. and date of response letter: .
Other information (please specify): .
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
Refer to the enclosed Table 1. Summary of On-Site Jurisdictional Waters
_________________________ __________________________
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining the signature is
Impracticable)
DAILEY.SAMA
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Date: 2018.11.08 15:22:37 -05'00'
5
Table 1. Summary of On-Site Jurisdictional Waters
Feature Latitude Longitude Cowardin Class Estimated Amount of Aquatic
Resource in Review Area
Class of Aquatic
Resource
UT1 35.831175 -79.368964 Riverine-Streambed 2,446 Non-Wetland Waters of
the US
UT2 35.829370 -79.366722 Riverine-Streambed 3,480 Non-Wetland Waters of
the US
UT3 35.830919 -79.365050 Riverine-Streambed 454 Non-Wetland Waters of
the US
Wetland A 35.828997 -79.366760 Palustrine-Emergent 0.035 Non-Section 10 –
Wetland
Wetland B 35.831108 -79.365281 Palustrine-Emergent 0.141 Non-Section 10 –
Wetland
Wetland C 35.833125 -79.367671 Palustrine-Emergent 0.019 Non-Section 10 –
Wetland
Wetland E 35.832326 -79.368402 Palustrine-Emergent 0.002 Non-Section 10 –
Wetland
Wetland F 35.830932 -79.369243 Palustrine-Emergent 0.079 Non-Section 10 –
Wetland
Wetland G 35.830476 -79.369266 Palustrine-Emergent 0.002 Non-Section 10 –
Wetland
Wetland H 35.829942 -79.369683 Palustrine-Emergent 0.025 Non-Section 10 –
Wetland
Wetland I 35.829770 -79.369683 Palustrine-Emergent 0.011 Non-Section 10 –
Wetland
Wetland J 35.829648 -79.369865 Palustrine-Emergent 0.030 Non-Section 10 –
Wetland
Pond A 35.831379 -79.364651 Lacustrine Limnetic 1.073 Non-Section 10 –
Wetland
Figure 3 Site MapCane Creek Umbrella Mitigation BankBethel Branch SiteCape Fear River Basin (030300 02)November 2017
Chatham County, NC
0 500 Feet
¹
Proposed Easement Boundary
Delineated Wetlands
Pond
Non-Wetland Waters
Wetland F (DP9)
Upland (DP2)UT1UT3
U T 2
UT2
UT1Wetland G (DP11)
Upland (DP10)
Wetland H (DP12)
Wetland I (DP13)
Upland (DP14)Wetland J (DP15)
Upland (DP18)
Wetland E (DP7)
Upland (DP8)
Wetland C (DP4)
Upland (DP5)
Wetland B (DP3)
Pond A
Wetland A (DP1)
WATERSHED PROTECTION DEPARTMENT
P.O. Box 548
Pittsboro, NC 27312
PHONE: (919) 545-8343
Fax: (919) 542-8268 E-mail: morgan.dewit@chathamn c.org Website: www.chathamnc.org
Soil Erosion and Sedimentation Control
LETTER OF APPROVAL
October 19, 2018
Shawn Wilkerson
Wildlands Engineering, Inc.
1430 South Mint Street, Ste. 104
Charlotte, NC 28203
RE:
To The Above Named Person and Entity,
This office has reviewed the subject erosion and sedimentation control plan. We find the
plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of
Approval must be posted at the job site. This plan approval shall expire two (2) years
following the date of approval, if no land-disturbing activity has been undertaken.
Section 10 (l) of the Chatham County Sedimentation and Erosion Control Ordinance
requires that a copy of the approved erosion control plan be on file at the job site. Also, this
letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, the erosion and sedimentation control plan is inadequate to
meet the requirements of the Chatham County Sedimentation and Erosion Control
Ordinance, this office may require revisions to the plan and implementation of the revisions
to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
Project Name: Bethel Branch Stream Mitigation Site
Project Number:
Acres approved:
2018-06803
20.6
Submitted by: Wildlands Engineering , Inc.
Date Received: 10/18/2018
WATERSHED PROTECTION DEPARTMENT
P.O. Box 548
Pittsboro, NC 27312
PHONE: (919) 545-8343
Fax: (919) 542-8268 E-mail: morgan.dewit@chathamn c.org Website: www.chathamnc.org
also apply to this land-disturbing activity. This approval does not supersede any other permit or
approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar
with all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided in
the Financial Responsibility Form, which you provided. You are requested to file an
amended form if there is any change in the information included on the form. Please notify
us when you would like to schedule a preconstruction conference. Notification shall be
given at least 7 days prior to initiation of activity.
Your cooperation is appreciated.
Sincerely,
Morgan DeWit, PE
Senior Watershed Specialist
Watershed Protection Division
Chatham County