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HomeMy WebLinkAbout19960612 Ver 1_COMPLETE FILE_19960626Appendix l: Planting Plan and Specifications The mitigation site will be planted with the appropriate species at the start of a growing season. A preliminary listing of species is found below; additional species may be selected after site preparation and will be noted in the As-built Plan: Broyhill Park Mitigation Site (Attachment 4:). The site will be stabilized with a readily available temporary cover (Appendix 4: Proposed Seed Mixture for Stabilization). Final plantings maybe delayed until the start of the next growing season after the site has reached equilibrium thus ensuring that all plants will flourish in their appropriate microclimat?c setting. The site has a preliminary planting plan; however it is subject to change upon completion of site preparation, all changes will be noted in subsequent reports and the as-built plans. The species listed below are classified according to shade and water tolerance. Plantings will have three general "forms": 1) littoral bench, 2) transitional areas, and 3) bottomland ecosystem. The site will be prepared accordingly and be planted as described below and with all appropriate soil amendments. Littoral Bench and "Transition Areas: Water Depth Range Shaded Areas Open Areas Bottomland Ecosystem*: 0"-6" Cephalanthus occidentalis Cornus amornum Juncus effusus Leersia orvzoides Saururus cernuus Juncus effusus Peltandra virginica Pontederia cordata Typha latifolia Eupatoriadulphus .spp. Betula nigra Fraxinus penns_ylvatica Acer rubrum *Include species as listed above for herbaceous cover as appropriate. All marsh % emergent plants will be planted on a 3'x3' spacing. Shrub and tree species will be planted on a 6'x6' spacing (as to achieve a density of 320 stems per acre). Refer to accompanying sample planting plans for typical arrangement. Areas immediately adjacent to the park will be planted with greater diversity and aesthetics in mind. The more shaded portion will be planted with a combination of Saururus cernuus, Cephalanthusoccidentalis, Ilea virginica, and Lobellacardlnulls. The areas receiving more sun will be planted with Typha latifolia, Iris (versicolor and/or pseudacorus), and Ponlederiacordala. Streambank Plantings: Streambanks will be fortified (where necessary) with species that have been identified by (Natural Resource Conservation Service (NRCS) as appropriate for bank stabilization. Plantings within the banks and meanders are shown on the attached schematic drawings. Upland soils lacking the appropriate hydrology may occur immediately adjacent to the channel, these soils are not anticipated to extend more than 3' from the channel. Plantings within these uplands will be appropriate for the existing hydrology and soils. Plant Material Specifications (Adapted from Garbisch 1995) Balled and Bagged (Woody Plants): The size of the earthen ball shall be at least as large as specified in the American Standard for Nursery Stock (1980). Where plants are to be planted in soils that will be saturated most of the growing season, the bagged root ball shall have a surface diameter that is at least 1/2 the diameter of the un-pruned drip-line and a depth that is at least 8' per 5' of tree/shrub height. If not planted immediately upon delivery to the job site, plants shall be stored in shade and root balls kept moist through periodic watering until the time of planting. if growing, the plants shall appear healthy with no leaf sports, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. Container (Woody and Herbaceous Plants): The soil within the root ball shall be at field capacity (1/3 atmosphere) or wetter upon delivery to the job site. Any wilted, dry and/or light weight plants shall be rejected. If not planted immediately upon delivery to the job site, plants shall be stored in shade and root balls kept moist through periodic watering until the time of planting. The container size shall be at least as large as specified. Plants shall not necessarily be rejected when supplied in containers larger than specified. However, the soil/root masses shall be the size of the specified container size. If the soil/root masses are substantially smaller than the specified container size and loose soil exists on the sides and bottom of the containers, indicating that plants have not been in specified containers long enough to root into surrounding soil, the plants shall be rejected. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. For trees and shrubs, where spiraling woody roots exist on the outside of the soil/root mass upon the removal of the plants from the containers, the landscape contractor shall separate (cutting where necessary) and spread them out (frazzle) prior to planting. Fiber or Peat Pot (Herbaceous Plants): If not planted immediately upon delivery to the job site, plants shall be stored in shade and root masses kept moist through periodic watering until the time of planting. The plants shall be well-rooted through the sides and bottoms of the pots and firmly contained therein. If the plants may be easily removed from the pots by holding the upper portion of the plant and gently pulling on the pots, the plants shall be rejected. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. The pot sire shall be at least as large as specified. Plants shall not necessarily be rejected when supplied in pots larger than specified. The number of plants or stems (culms) per port as specified shall be present at the minimum, and on the average, or the plants shall be rejected. Dormant Propap-ule (Herbaceous Plants): If not planted immediately upon delivery to the job site, the donnant propagules shall be stored out of direct exposure to the sun and wind and they shall be protected by covering with straw, peat moss, compost, or other suitable materials and shall be kept moist, through periodic watering, until the time of planting. The bodies and shoots associated with the propagules shall have turgor or be rigid to the touch. If the bodies and/or shoots associated with the propagules are soft or mushy, or appear rotten or decomposed, the plant materials shall be rejected. Rhizome (stolon) sections shall provide a minimum of two shoots per section. Or: Rhizome (stolon) sections containing at least a terminal shoot shall be a minimum of four inches (4') in length (in order to ensure sufficient stored energy to support the new growth). Rhizome sections containing shoots that are soft or mushy or otherwise appear rotten shall not be accepted. Plug (Herbaceous Plants Woody Seedlings, or Rooted Cuttings): If not planted immediately upon delivery to the job site, the plugs whether in or out of their growing units shall be stored out of direct exposure to the sun and wind and maintained moist through periodic watering until the time of planting. If the plugs are not contained in their growing units upon delivery and will not be planted immediately, they should be treated as above and their root masses shall be protected by straw or other suitable materials and maintained moist, through periodic watering, until the time planting. Plugs shall have solid soil/root masses with the soil in place. Roots shall appear clean and white in coloration. If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves. If dormant (herbaceous), new healthy shoots shall be apparent. Plugs containing shoots that are soft or mushy or otherwise appear rotten shall not be accepted. If'dormant (woody), stems shall be pliable and exhibit light green to yellowish green cambium. Plugs containing brittle stems and having unhealthy cambium shall not be accepted. Plugs (woody seedlings) shall have widths that are at least to the limb lines of the seedlings and have depths that are at least one-fourth the heights of the seedlings. Seed: Shall be delivered in clean, unopened containers and labeled as to seed origin, purity, germination percentage, and date of germination testing. Fertilization Herbaceous plantings: Sprang plantings - Use Osmocote 18-6-12, eight to nine month release fertilizer, to be placed in hole at time of planting. For Dormant propagules, container/fiber pot, or plug seedlings use about 15 grams (0.5 oz.) per planting. Woody plantings: Fall/Winter plantings - Use Osmocote 18-5-11, twelve to fourteen month release fertilizer. to be placed in hole or in soil fill/amendment mix at planting. Use 30 grams ( I oz.) per 1 quart container, 90 grams (3 oz.) per I gallon container (30 grams per each additional gallon). Use 15 grams ( I oz.) per unrooted cutting for willow whips. Soil Amendments: Soil amendments are required only around tree and shrub plantings, with the exception of significantly graded areas (where stockpiled wetland topsoil may be used). The amendment used should be leaf or pine bark compost at rates of one part compost to one part soil (from planting hole). Fertilizer should be mixed in with soil/amendment mix. No surface mulch is required where plants are planted at or near original grade. Appendix 2: Proposed Potential Sources for Plant Material (additional sources may be proposed prior to installation, for approval by USACOE). Herbaceous material: Campbell's Greenhouse Carlton Campbell/Larry Hobbs 2816 Campbell Road Raleigh, NC. 27606 919-851-1 162 (also has team of experienced installers) Shrub Material: Campbell's Greenhouse 281 h Campbell Road Raleigh, NC. 27606 Carlton Campbell/Larry Hobbs 919- 851-1 162 Fern Valley Famis 1624 Fern Valley Road Yadkinville, NC. 27055 Broyhill Nurseries Lenoir, NC. Specimen ornamental species: Campbell's Greenhouse 2816 Campbell Road Raleigh, NC. 27606 Tom Clark 910-463-2412 Carlton Campbell/Larry Hobbs 919-851-1 162 Niche Gardens 1 1 1 1 Dawson Road Chapel Hill, NC. 27516 Kim Hawkes 919-967-0078 Broyhill Nurseries Lenoir, NC. Appendix 3: Water Budget A water budget is assumed for this site utilizing the Carter equation. The equation is represented by the following formulation: P + SWI + GWI = ET + SWO + GWO + S where, P = Precipitation SWI = Surface water inflow GWI = Ground water inflow ET = Evapotransp oration SWO = Surface water outflow GWO = Ground water outflow S = Change in storage Basically this indicates that inputs equal outputs, otherwise, there is a change in storage. The use of this formulation does not include the detailed measured information needed for a water balance. The sources of water used in the planning of this wetland are; 1) ground water, 2) surface water and, 3) precipitation. Ground water is relied on as the main source of water for this wetland. The target system is an alluvial deposit within a floodplain of a small stream in the foothills of the Blue Ridge Mountains and is comprised of layers of permeable sediments to depths of about 5' and a channel approximately 3' wide. Ground water moves laterally through the upper layers of the surrounding upland soils until it discharges into the alluvial deposit and results in subsurface and channel flow within the floodplain. Indicators of seasonal high water table in the soils in the floodplain are at depths of about 18" below the surface. There appears to be a constant base flow in the channel. Change in storage within this system is manifested by fluctuations in surface and subsurface flow (water table) depths. While seasonal change in storage occurs, it is assumed that the annual change in storage is negligible. This general equilibrium has resulted in saturated and reducing conditions at about 18" throughout the target site. Due to the hydraulic gradient created by the inflow and outflow elevations, there is are drier conditions near the outlet (where the outlet elevation is significantly below the immediate soil surface elevation) and wetter conditions near the upper portions of the site (little difference between the surface elevation and the channel elevation). Two elements will be altered to raise the level of seasonal high water within the target site to within 12" of the surface. First, the hydraulic gradient will be reduced by raising the outlet elevation through the use of a weir structure near the present outlet. Second, the cross-sectional area of subsurface flow will be reduced using subsurface detention structure in combination with the second, upper weir. This combined alteration will result in reduced groundwater outflow (GWO) and therefore, increased storage. The elevation of Surface water outflow (SWO) will be altered within the site, but the volume will be the same. Ground water outflow may be expressed by Darcy's equation: Q = K A (dh/dl) where, Q = quantity of water per unit time K = hydraulic conductivity A = cross-sectional area at right angle to flow direction dh/dl = hydraulic gradient The weirs will reduce the hydraulic gradient by reducing the change in ground water height (making it more nearly level) across the target site. Presently, the change in ground water height across the site is about 6.1' (from about 1117.6'in upper site to the outlet pipe invert elevation of about 1111.5'). This will be reduced to about 0._5' between the upper site and the lower weir elevation.. Additionally, the cross-sectional area of subsurface flow will be reduced by the subsurface structure along the upper weir. These alterations will result in a reduction of outflow (lower Q) and, therefore, an increase in storage, resulting in higher seasonal water tables. Weir elevations are chosen (lower @ 1117.0' and upper @ 1118.0') which will give the desired seasonal high water table elevation of < 12" from the surface. Concept Sketch Proposed Saturation Level , Ground Surface Existing Saturation Level Top of Weir - 1118.0' Top of Weir - 1117.0' 1120 --------------- 1 Subsurface Detention Component _ _ _-_? 111(1 Longitudinal Section - NTS Invert 48" RCP 1111.53' Exaggerated Vertical Scale Appendix 4: Proposed Seed Mixture for Stabilization Sl-F_DBED PREPARATION AND SEEDING SPECiFICATiONS - Wetland Area ....o L E 1. Surface water control measures to be installed according to plan. 2. Areas to be seeded shall be ripped and spread with available topsoil 6" deep. Total seedbed prepared depth shall be 6" to 8" deep. 3. Loose rocks, roots and other obstructions shall be removed from the surface so that they will not interfcrc with establishment and maintenance of vegetation. Surface for final seedbed preparation, at finish grades shown, shall be reasonably smooth. 4. Provide agricultural lime at rate required to bring soil acidity to slightly acid - ph 6, according to soil test report. S. Lime and fertilizer shall be applied uniformly and mixed with the soil during seedbed preparation. 6. Apply 0-20-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for warm season mix (see schedule). 7. Apply 10-20-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for cool season mix (see schedule). 8. Apply 10-10-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for temporary cover crops. In addition, provide 15 lbs/1000 s.f. of superphosphate. 9. 'Ihe following is for the warm season mix: a. All warm grass seed shall be debearded or conditioned by brushing to create a product nearly the same as debearding. This does not apply to Switchgrass. b. Disc two times to break-up crop residue and dirt clods prior to seeding. C. Pack soil to create a firm seedbed with a cultipacker or roller. d. If a rain shower should fall after the seedbed is prepared but before planting break-up any crust formation. C. Seeding shall be installed to a depth of V," utilizing a rangeland drill or conventional grass drills. It is extremely important that seed not be planted deeper than '" depth. Do not disc or harrow aficr seeding. This will put the seed too deep. A Brillion seeder will be ` acceptable. 10. Seed in accordance with the following schedule and application rates: Welland Areas Dates TYMS Rate Apr. 1 - Jul. 15 Warm Season Mix Switchgrass, Cave-in-rock, Alamo 8 pls #/acre or 4 oz./1000 s.f. Smartwced 2 bulk N/acre or 1 oz./1000 s.f. and Japanese Millet or 20 lb/acre or 'A lbs/1000 s.f. Sorghum Sudan Grass Hybrids (Mow prior to maturity) July 16 - Sept. 1 Temporary crop of Japanese Millet or 20 lb/acre or 'h ibs/1000 s.f. Sorghum Sudan Grass Hybrids (To be followed by permanent mixture) ,/ Qn f Sept 2 Nov. I Cool Season Mix F L E Recd Canary Grass 12 bulk N/acre or 6 ozJlm) s.f. Smartwecd 2 bulk #/acre or 1 o7./1000 s.f Nov. 1 March 31 Temporary Crop of Wheat 40 Ibs/acre (To be followed by permanent mixture) 11. Contractor shall be required to provide a permanent mixture according to the schedule. 12 Temporary crops must be incorporated prior to seeding of permanent mixtures IT Cover crops or temporary cops nwst be mowed at proper time w prrvcnt seed heads from maturing. Wheat may be harvested. 14. Grass mix and temporary covers shall be mulched with straw applied at the rate of 75 lbs to 100 lbs/1000 S.F. Use clean Wheat Straw. 15. If hydroseeded use Virpin Paper. Mulch only. Note: Seed and additional information for the wetland mix as well as for other grass areas may be purchased from, but not limited to: Sharp Brothers Seed Company Route 4, Box 237 A Clinton, Missouri 64735 Phone 1-800-451-3779 Contact: Jef Hodges 16. Yards and Golf Course lawn areas shall be returned to existing conditions and grass mixtures. 17. Wetlands crossings shall be covered with "Terra Jute" erosion control netting or equal installed per manufacturer directions. Local Distributor. Web Tec, Inc. P.O. Box 240302 Charlotte, NC 28224 800A39-0027 or 704-552-6722 flv?, Attachment 3: Pre-construction Meeting Lop- for Broyhill Park Mitigation Site Mitigation Designer's Representative Date Client's Representative I)ate Installer's Representative Date Corps of E;ngincers Representative IMe NOTES: 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 10, 1996 Regulatory Branch Action ID No. 199505137 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Doug Brinkley \ Broyhill Realty, Incorporated i Post Office Box 500 Lenoir, North Carolina 28645 Dear Mr. Brinkley: Reference your June 20, 1996 after-the-fact application for Department of the Army (DA) authorization to fill approximately 2.83 acres of headwater . wetlands on Broyhill property (20.628 acres) located off of NC 18 (Wilkesboro Boulevard), in Lenoir, Caldwell County, North Carolina. The purpose for the fill is to prepare the site for commercial and high density residential development. In order to offset the loss of the above mentioned 2.83 acres of wetlands, you are proposing compensatory mitigation at onsite and offsite locations. The onsite mitigation will consist of a 1.13 acre stormwater pond with a littoral bench. The goal of the onsite mitigative measures will be to replace the lost filtration and storage functions of the impacted wetlands. The offsite mitigation site is a 0.8 acre tract located south of Broyhill Park, along an unnamed tributary to Lower Creek. The intent of the offsite mitigation is to enhance, restore, and create functional value within the mitigation wetlands to levels similar to, or greater than, the original values in both the impact site and the onsite wetlands. This site will be incorporated into the City of Lenoir's park system. A plan outlining the mitigation work to occur has been submitted with your application by your representative, Soil and Environmental Consultants, Incorporated. This project has been coordinated with the North Carolina Wildlife Resources Commission and the U.S. Fish and Wildlife Service. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Water Quality. You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. HIV' 11V'? SVN,3Ias 1d 1N3y.?NOb 9 1% 9 3?0 -2- In addition to the above referenced conditions, the following special conditions associated with the mitigation plan must be strictly adhered to: 1. The mitigation will be undertaken in accordance with the approved "Broyhill Park Wetland Mitigation Plan" and the "Broyhill Commercial Site Wetland Mitigation Plan" produced by Soil and Environmental Consultants (S&EC). Both documents are dated August 23, 1996. Regardless of the contents of the above plans, all 3 wetland parameters as set forth by the Corps of Engineers (COE) 1987 Wetland Delineation Manual must be established to achieve a successful mitigation project. 2. Final engineering design and specifications for the pond will be submitted to the COE for review and approval prior to starting mitigation construction. 3. Groundbreaking on the mitigation sites will commence within 120 days of the date of this permit. 3. Biannual reports outlining the progress of the mitigation will be submitted to this office for a period of 3 years (commencing with the date of this permit). The first report will be due 6 months from the date of this permit. 4. Success will be measured in accordance with criteria outlined in S&EC's plan and in accordance with the 1987 COE Wetland Delineation Manual as mentioned in condition #1 above. A final report will be submitted to the COE requesting concurrence that the mitigation is successful. If it is determined by the COE that the mitigation has failed at either site, necessary corrections will be made as agreed upon by Broyhill and the COE. 5. A method to measure the hydrology parameter on the mitigation sites will be developed. This method must be acceptable to the COE. Information gathered on the hydrology will then be submitted with the biannual reports. 6. As stated in S&EC's plan, once the two mitigation sites are deemed successful by the COE, they will be protected from development or manipulation by a legally binding and recorded conservation easement. This verification will be valid until the nationwide permit is modified, reissued or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 21 January 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. -3- If you have any questions, please contact Mr. Steve Chapin in our Asheville Regulatory Field Office at (704) 271-4014. Sincerely, Robert W. Johnson Office Manager Asheville Regulatory Field Office Enclosure Z Cop es Furnished (without enclosure): Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Chris Huysman Soil & Environmental Consultants, Inc. 244 West Millbrook Road Raleigh, North Carolina 27609 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, J r., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ?EHNFi August 20, 1996 Caldwell County DWQ Project # 960612 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Doug Brinkley Broyhill Realty, Inc. P.O. Box 500 Lenoir, NC 28645 Dear Mr. Brinkley: You have our approval to retain fill material placed in 2.83 acres of wetlands or waters for the purpose of constructing a commercial and residential development at NC 18 and US 321, as you described in your application dated 24 June 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Additional written DWQ approval is required for the stormwater pond and a revised mitigation plan which incorporates comments of our letter of 8 August 1996. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the.Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc. Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Domey Central Files Sincerely, lam' Pre P on Ho ard, Jr. P.E. 960612.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James & Hunt, Jr., G ove mor Jonathan R Howes, Secretary A. Preston Howard, Jr., P.E., Director August 8, 1996 Mr. Kevin Martin Soil and Environmental Consultants 244 West Millwork Rd. Raleigh, NC 27609 Dear Mr. Martin: A / • • R?FA C7 F= FI V" Thank you for submitting the Broyhill Park Wetland Mitigation Plan (Caldwell Co.) The plan proposes to create 0.2 acres of openwater; create and restore 0.1 acres of littoral bench; and enhance and restore 0.5 acres of bottomland forests. This compensatory mitigation is being required by the US Army Corps of Engineers (COE; Action ID #199505137) as part of an after-the-fact Nationwide Permit 26. I apologize for the delay in providing comments on the compensatory mitigation plan. Appropriate hydrology is proposed by installing two weirs at the compensatory mitigation site. The Water Budget (Appendix 3) and Concept Sketch provide some of the details on how water storage in the site will be increased. However, Attachment 1: Weir Design and Specifications was not included with wetland mitigation plan. This information will need to be submitted before approval of the plan can be granted. Vegetation Appendix 1: Planting Plan and Specifications provides details for vegetation establishment. The section states that the site "will be planted with the appropriate species at the start of a growing season." Planting woody species in the fall (after a growing season) will be acceptable. Using cattail (Typha species) is not recommended and this genus should be deleted from your list of species proposed for open areas. A spikerush (Eleocharis spp.) could serve as a substitute. Note that the species listed under the headings 'Shaded Areas' and 'Open Areas' do not denote all the species proposed for planting. Additional species are provided in the two paragraphs following the list. These additional species include Itt-,A v1I inica, Lobelia cardinalis and Iii spp. Species proposed for the bottomland ecosystem are limited to Betula niera, Fraxinus nns, lvadca and A-cer rubrum. The COE guidelines (12/8/93) recommend a minimum of six hardwood species. In addition, red maple (A= rubrum) will become established naturally and is not usually considered as a restoration or enhancement species. Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ?EHNR WATER QUALITY SECTION July 24, 1996 MEMORANDUM TO: John Dorney Environmental Sciences B anch THROUGH: Forrest R. Westa FROM: Jim Reid ?? W SUBJECT: Broyhill Realty Inc. #960612 Caldwell County ?A F1`Po L'? ???GF v2?y ??F y? Fs As a result of observations made on July 23, 1996, issuance of 401 Certification for subject project is recommended. The following individuals met to review the applicant's project: Hunt Broyhill Ken Moss Chris Huysman Janice Nichols Steve Chapin Patrick Jim Reid Broyhill Realty Broyhill Realty Soil & Environmental - U.S. Fish & Wildlife Corps A private consultant DWQ Consultants, Inc. engineer Assembled individuals visited the impacted area and the proposed remediation site. Attached rating sheet #1 is for the impacted area. Observations suggested that the impacted area may have been created as by factors associated with development of the golf course in the 1960s. As a result of the wetland's distance from Lower Creek, it rated a rather low score of 34. The primary function of the existing wetland is believed to be water storage. WL Type - Wet Flat WL Score - 34 WL Acre - 2.83 (impacted) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper John Dorney July 24, 1996 Page 2 Rating sheet #2 (assumes that the mitigation area contains some wetland and is rated before mitigation). It scored 41 points as it exists. WL Type - Bog Forest WL Score - 41 WL Acre - 0.8 (to be created) Rating sheet #3 covers the same area as sheet 2 but after mitigation. The area after mitigation (construction of wetlands) would score 68. WL Type - Bog Forest WL Score - 68 WL Acre - 0.8 The after-the-fact permit is required as a result of an honest mistake. This position is based upon all information which could be gathered and is based upon Steve Chapin's opinion (resulting from extensive previous work with Broyhill Realty). The impacted area was of low value in protecting water quality (largely due to its remoteness from surface waters, approximately 300 feet). Its primary function was thought to be water storage. The proposed storm water pond in the area would serve the same function. The remediation area would be a very high quality wet land and would also provide pollutant removal. Even though there would be a net loss of wet land as a result of this project, there would likely be no adverse impacts to water quality and issuance of certification is therefore recommended. MEMORANDUM PRINT NAMES: Reviewer: TO: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ''-*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) * PERMIT YR: APPLICANT NAME: PROJECT TYPE: COE It : RCD_FROM _CDA: REG_OFFICE: z- C 7 /% 96 PERMIT NO: 0000612 BROYHILL REALTY, INC. APP ARO COUNTY: CALDWELL PERMIT-TYPE: NW26 DOT #: DATE FRM CDA: 06/26/96 RIVER_AND_SUB_BASINJ: 0,7i3 STR INDEX NO: STREAM CLASS : 6/N WL_REQUESTED: WL SCORE(#) : ,S&? MITIGATION?:6/N MITIGATION-TYPE: MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y/ IS WETLAND RATING SHEET ATTACHED? by N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/4T-' RECOMMENDATION (Circle One`ISSUE :ISSUE/COND DENY COMMENTS: WL_TYPE: iz!c- WL_ACR_EST?:CY)/N WATER IMPACTED BY FILL?: Y 0 CC: Regional Office Central Files f Project nam County Name of evaluato ffljWu >.;,.; i predominant predonlinan topogra Or ch ? txi a s, n (,3) F ' nor sanay ?r 4' FIoodingos a, sprr IR yf[" seaSol i trite L feet no 'ev w Wetland type (select one)* .i „pur; it .r .irface f f ? Bottomland hardwood forest ? Pine savanna ? Headwater forest ? Freshwater marsh t Swamp forest L3 Bog/fen t ? Ephemeral wetland t Wet flat ? Pocosin ? Carolina Bay ? Bog forest C] Other 'The rating system cannot be applied to salt or brackish marshes or stream channels weight ' , n Ifs Water storage x 4.00 = Wetland Score Bank/Shoreline stabilization d_ x 4.00 = ?r Pollutant removal d x 5.00 Wildlife habitat x 2.00 = Aquatic life value x 4.00 Recreation/Education x 1.00 = { ' ' C5) ; Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius - ? t WETLAND _ :RATING WORKSHEET Fourth Vrs?an? l I Dearest road wetland area acres Wetland width feet I ?..:?? tit - t t ?•. Ilk Y a ?t,ETLA'NDi' : RATI NG WORpg;KSH E ME ` ?UUlArth 4 V rs ? Project name / ; _ ; Nearest road Count} Wetland area______-- acres Wetland width „ -- N eet a? r ? I j• rt$ ; ? '? Y. 8 [] no eue otti?l = urf?ce ; Wetland type (select one)* ? Bottomland hardwood forest ? Pine savanna f ? Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral wetland Pocosin ? ? Carolina Bay l J? Bog forest ? Other i *'Me rating system cannot be applied to salt or brackish marshes or stream channels wei ht ' Water storage = g x 4.00 etland Score , , , /rl - Bank/Shoreline stabilization ? ? x 4.00 _* Pollutant removal - x 5.00 - $ ' Wildlife habitat _ x 2.00 =+. Aquatic life value c? x 4.00 = l? 7 ' ' Recreation/Education ` x 1.00 ' G Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 112 mile upstream, upslope, or radius ; +..° ??fi''3 iF'C ? r ref ??( S [? '((?^;S H ?k?` rOUCth €'rVHCS10I,1 ?. W Project name d%<tli+ A-, Nearest road ('Minty Wetland area / acres.Wetland width Name of evaluato r..AdJ ac tirlth 127 11f ate ?? a ? 4nt '?? • oo "` •e' s,e` p tope r ' Wet.,( t?h O?feet D n°ev 1G o loo tY total ara ??? , ' q fr 8:; ate: s ft Wetland type (select one)* ? Bottomland hardwood forest ? Pine savanna 1J Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral wetland eet Pocosin ? Carolina Bay ? Other Bog forest *The rating system cannot be applied to salt or brackish marshes or stream channels S fp? weight W Water storage c3_ x 4.00 Wetland Score Bank/Shoreline stabilization x 4.00 1 Pollutant removal* x 5.00 GC- ' 5 ll >_, Wildlife habitat x 2.00 F 7 ' - ' Aquatic life value x 4.00 = r/ ; NI 1 nn C5 * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, ups lope or radius , '11% Soil & Environmental Consultants, 2//i Wcsi Millhrook Renal N Rakcigh, North C,u-ohn?i 276011 ¦ (919) 8416-5900 ¦ Uix (919) &i6-c) X67 NCDFl-1&NR - DFM Attn: Mr. John Dorney 4401 Reedy Creek Rd. Raleigh, NC 27607 Mr Dorney and Mr. Chapin June 24, 1996 ?? You I' °'?w eers Q0- 14 3) - , sheville, NC: 2880 c, i ? f! R14'.: AFff:R-THE-FACT DA NATIONWIDE 26 PERMIT Broyhill Industries Property, Lenoir, North Carolina Action 11) 11199505137 ']'Ile purpose of this letter is to request issuance of an after-the-fact Nationwide Permit 26 and 401 Water Quality Certification for the project known as the Broyhill Industries Driving Range Property. The site is located in Lenoir, Caldwell County, and is owned by Broyhill Realty; the site is further identified on the attached USGS Topo Quad Vicinity Map. Broyhill Realty, Inc. has requested the opportunity to submit this application to resolve any issues relating to the unauthorized clearing and grading of wetland areas on this site. The project has been discussed )reviously with John Dorney in the of7lice and on- site with Mr. Chapin. A total of 2.83 acres of isolated wetlands (determined after clearing and minor grading - see attached photos) will be impacted by the placement of a commercial and residential facility and its supporting infrast ucture. The impact site was determined to be isolated wooded wetlands with open edges (by airphoto interpretation and site review). The significant functions of these wetlands were likely: 1) storm and flood water retention, 2) filtration of sediments and other degrading factors, and 3) habitat for wetland-dependent wildlife and plants. Hydrology for this system is assumed to have been derived primarily from storm events. Wetland areas prior to disturbance of the site were likely smaller than they are now. ]'his is mainly due to soil compaction by equipment. The impact acreage hills within the iimits of Nationwide Permit 26 and the significant functions of the on-site weiLtnds %yill he replaced by mitigative- measure's The site development plan calls for the construction of an on-site 1. 13 acre stormwater lake The lake is intended as an on-site miiig iti\c measure as it is not required by local regulations On-site mitigative measures v,\-ill replace the lost filtration and storape ]unctions ol'thc impacted wetland. Additional mitigation has been required by the USACOE for issuance of this permit. Off- site mitigation, totaling 0.80 acres, will replace habitat functions as well as enhance storage and filtration functions at the mitigation site. A copy of the draft mitigation plan is attached. Mitigative activities for this project total 1.93 acres. The purpose of this mitigation is not to satisfy any "ratio" requirements. It is to reduce total impact effects so that they can be authorized under Nationwide Permit 26. Please call if you have questions or require additional information. If you intend to perform a site visit please call and we will arrange for a representative to accompany you. Sincerely, I1 -is Huysman cc: (with enclosures) North Carolina Dept. of Cultural Resources US Fish & Wildlife Service DEM ID: ACTION ID: 199505137 Nationwide Permit Requested (Provide Nationwide Permit #): 26 (A-T-F DA PERMIT) JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PO Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 4401 Reedy Creek Road Raleigh, NC 27607 ATTN: MR. JOHN DORNEY Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: BROYHILL REALTY, INC. ATTN: DOUG BRINKLEY 2. Owners Address: PO BOX 500, LENOIR, NC 28645 3. Owners Phone Number (Home): (Work): 704 / 758-6100 4. If Applicable: Agent's name or responsible corporate official, address, phone number: SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900 244 W. MILLBROOK ROAD RALEIGH, NC 27609 5. Location of work (MUST ATTACH MAP). County: CALDWELL COUNTY, NC Nearest Town or City: LENOIR, NC Specific Location (Include road numbers, landmarks, etc.): NORTH OF LOWER CREEK, SOUTH OF NC 18 AND EAST OF US 321. AS PER ATTACHED LENOIR, NC, USGS TOPO QUAD. 6. Name of Closest Stream/River: LOWER CREEK 7. River Basin: CATAWBA RIVER BASIN 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES( ) NO(X) 9. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO ( X ) If yes, explain. SEE COVER LETTER AND FILES 10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site: 2.83 ACRES PRIOR TO CONSTRUCTION 11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: 2.83 ACRES FILLED; AFTER-THE-FACT DA NATIONWIDE 26 '1 U11 LV IV i I.1, . • `- 06:20/19% 13:03 91981469467 FAQ3E 03 12 Vescriptimi of proposed work (Attach PLANS-81/2' X 1a" dr4winge only): IMPACTS FOR PROPOSED COMMERCIAL AND HIGH DENSITY MIDE"AL DEVELOPMENT. 13, Purpose of proposed work: INFRASTRUCTURE FOR PROPOSED FACILM; INCLUDWG; LOT FILL, PARKING FACILITIES ANT) ON-SITE STORMWATER POND_ ON-SITE WETLANDS HAVE BERN PREVIOUSLY D15TURBEO, 14. SLAR reasons why the applic"t believes that t11>6 activity Must be carried out in wetlands. Al(go, pute treasures taken to mien-dm wetland im ct . STORMW A WIELANN I MITIGATION 1TO REPLACE SQM_E SIGNIFICANT FUNCTIONS OF 5 RRUIR'ED BY USACOE; SEE ATTACHED DRAFT IMPACTED MI'T'IGATION PLAN, 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or Nittional Marine Fi.9heries Service (NMFS) regarding the prince or any Federally listed or proposed for listing vndaxigurvd k,r threatened species or critical habitat in the permit area that may be affected by the rropowd project. Have you done so? YES ( X ) NO ( ) RESPONSES FROM T14E USFWS AND/OR NMFS SHC7IJI..D BE FORWARDED TO CORPS. 16, You are required to contact the State Historic PreservaUon Officer (SHPO) regarding the presence kit historic properties in the permit area which may be affected by the proposed project? Hove you done so? YES ( X ) NO ( ) RESPON5F, FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by VEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property, 13. if available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by it conjultant, Include all data sheets relevant to the placement of delineation litre, P. If it stormwater management plainis required for this project, attach copy. E. What is land use of surroundJAS ply? CMMERCIAL AND RECREATIONAL F. If applicable, what is proposed method of sewage 41sposal? SANITARY SEWER elk Date One Sigature Map I: Site Vicinity Map Approximate locations of Broyhill Park Wetland Mitigation Sites Lenoir, N.C., U.S.G.S. Topo Quad. Scale 1:24000 \(? . . n s *SO\ 1 ,o ,` ? ? 'O I ` L I AIN f) ?r: J o \I -o \? \ •? N ?1 .moo v m- 41 /lam '``?' ' •?' / ? ???? •? ??, ^ ? ? ??? I ? _ ??%' ? ? - \ can r; •ll. '`? ,,. o'. / ,• •` /•'.?i- • c _• /1100 f?) / 1?: •?i ?? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 5®' P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 22, 1995 Regulatory Branch Action ID. 199505137 Broyhill Realty Mr. Doug Brinkley post office Box 500 Lenoir, North Carolina 28645 S ou y telephone, (704) 271-4014. Dear Mr. Brinkley: This concerns your August 22, 1995 site meeting with Mr. Steve Chapin of our Asheville Field office to inspect possible unauthorized wetlands clearing activity recently undertaken on Broyhill Industries property in Lenoir, Caldwell County, North Carolina. More specifically, the property in question is located betwer3l NC 18 (Wilkesboro Boulevard) and the Lenoir Golf Club to the south and is situated in or adjacent to the Lower Creek floodplain. There are approximately 2.9 acres of jurisdictional wetlands on the tract. The clearing activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. Mr. Chapin's findings indicate that the above mentioned 2.9 acres of jurisdictional wetlands on the south side of the property have been cleared and partially graded utilizing heavy equipment (see enclosed wetland data sheet). After discussing this project with you, it was indicated that the purpose of the work was to prepare the site for commercial development. Although you have already been informed, the recent activity in the wetlands area without a Department of the Army (DA) permit constitutes a violation of Section 301 of the Clean Water Act. Therefore, no additional work should be undertaken in waters or wetlands on the property. In resolving this matter, I understand you have requested an opportunity to apply for an after-the-fact DA permit to complete the preparation of the site for development. Under separate cover, we are sending you the required pre-discharge notification application form to be completed and submitted to this office within 30 days following your receipt of this notice. You should also contact Mr. John Dorney with the State of North Carolina, telephone (919) 733-1786, to determine water quality certification requirements. Your cooperation in satisfactorily resolving this matter will be greatly appreciated. You are reminded that no additional work in the wetlands area should be done pending the outcome of the submitted permit application. h ld ou have questions in the interim, please direct them to Mr. Chapin at Sincerely, Y?`?l G. a ne WrChi.e-, ReqBranch OATA FORM ROUTINE WETLAND OEIERMINATION 119197 COE Wetlands Delineation Manual) / ?? S`o S"i ,3 7 C yep i Pf0? 81:1/51te! _ LO /ps ??' • GGi/C ? 'V? i8 g 0 t e-0o data: (9 Applh;unt/Owner .I- u County: C.2 Inve a tiptator: State: AIC Do IV-)rrrtel Ciroumstances exist on the site? Yes (W-0-) Community ID! le the alto nignificantiy disturbed (Atypical Situation)? (UO No Transect ID: Is the area a potential Problem Areal Y i-D No Plot ID: (h1 needed, explain on reverse.) VEQEt' OMON 1?QClbirt? Plflltt tlnac j?? _ ¢kaWrn Indlestor 3. -&C e.??f I J? ? ? f ? AG- a.S??r?.1c ia??. ? ?_F/SrW-01 Q!9L?L11ftt1.I711t'lt t3oee1e2 StIlltum Indicator e•-?- 11. 1a. 14. 16. Is, Po-,o,*n: of 0"noni 8peclae that are 08L, FACW or FAC dinp PACs). f L HYDROLOGY 0 Itet.orded bete Wascrtbe In ftemorks): Wetland Hydrology Indicators: _ gtream, Lakii, or Tide Gouge Primary Indioatmi M0111 Phatogrephe JX Inundated Other N la d i Saturated In Upper 12 inohes o eoor ed Veto Ava lable Water Marko Drift tines aedknanl Depoelte Field 00oorvatlonet Drainage Patterns In Wetlands esoondiry lfldlestafe IZ or more required)! Dalai, of auffsa* Wolf! lin.) 0xidl:od Root Channel* In Upper 12 Inches a Water-¦lolned Loaves Depth to From watur In Pit- Iln.1 ? Local loll survey Oats Depth to esturated to"! - On.) _ FAC-Neutrel Taw _ Other lexplaln In Remeekei Aemo rk ik! sou.a / 99S'a s`/ a 7 rl,1e end phaq•1',_G(/F?v?kcLe drslnsos Clue: .1 v,?_ Meld Obeerveti• ry,iomy filubprcupla j -Vim/? aVab??+pi1fi Gnfirm NIs1g ' 1 > 1?N No [i1fi)n-s1hvtL e UP41 None basufludatj Color Mottle cadre Mettle 'norstlenf, flarlto L_ ell. ¦ 1 INkinseff M ¦tl AbuodangetCanusal ALt. •qy eta. Hytltla !loll Indlt"Ime- Hl4to•el Hlottc. Ealp*don Gulticle Odor Aqul.o Mnletu?a Pfplme RfduAnp Condlllame X Oltyed or Low-Civems Colere Asn.e?ke1 i`µi , J r, I 1 p "e!-ta -' . VR .,.AMA WETLIM0 DETERMINATIUN .... Nyd?rtrhytle Vepeutlon Present! Wi4itm! Hydrology Present? Hydr1 t 6oNs Prooentl Renrerke; s No ICIr010 (prole! No No Is Ihle Ss?n0"o Point Within s Well¦ndl No _ COlTO/auOnf tgph Ordaniv Conlent In Su?leoe LsyN In as?tdy Some of aMs d1, -wr•p In S-W Soft Ufted etr Loeel "ydrte $*Us Utt C U9144 oft?stlensl Hydrlo Soft 1,101 _ Other It oln In Rini rkol VIJi DUI ? JJU 1 v. •+l. ??•.? ? ._ r # too, t yr R" W Y= 16. oc w NC 1M Y , ol to 4, _ .? - 1 AIRLT ' ? a?llf alf ? bll?l 10 v _ ? ' ? NAM AAR 10 1ANR O1?R ?i GoU Club. INK wm"" 1x16 ILL MM0 10 K 0*il/Of ~\ ` . ?uLpN WMW Mao MM OMWW MIM. 4mome tAh" to In .% DItM G RANGE PROP UM BROYMI IxV STRMS, INC. J?a Low&, swe c>wl"& pmam" y SITE PLAN VICD M YAP N? i?P lib/z I lyyb 1 4 4 b 1btiJ?UJUr ?? 4 .u•M' My r ?w ? ? Y i? W? - w emu Tom F.?w w J ? w RoMr1 FI"4 :r "P via Burr Propwaft. b". i V wA A FI DOW CWAMS , Of Lw.1r. MM M MI M IM '%/ ? j: i ? ,1 r l.?Y rh?M' i J .. 1 '? t lr 7111 .....,..... ........ LmttAr O*W Clue, ho. wr .r r w.r w ? M 8i.0a1 AaeM Oror 1.41i . 111iJrh? R/11 $0.509 Acres Net NAM wo ift rmL DZM ??P 13 BROYHILL PARK WETLAND MITIGATION PLAN CITY OF LENOIR, CALDWELL COUNTY NORTH CAROLINA SUBMITI'EDCONCURRFN'1'1_l' WITH A JOINT APPLICATION FOR NATIONWIN" PERMI'T'S PREPARED FOR: BROYHILL REALTY, Inc. PREPARED BY: aiV & Environmental Consultants, Inc. Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 BROYHILL PARK WETLAND murIGATION PLAN EXECUTIVE SUMMARY: Soil and Environmental Consultants, Inc. (S&FC) has developed and designed this wetland mitigation plan to satisfy a Corps of Engineers (COE) requirement for issuance of a Nationwide Permit for the Broyhill Realty Inc. (Client) Highway 18 Commercial Tract. The + 21 acre project, with 2.83 acres of after-the-fact Nationwide 26 impacts, is located in Caldwell County, North Carolina. The impact, mitigation and reference ecosystem sites are all within the Lower Creek drainage basin: as shown on Map 1: Site Vicinity Mal) (Lenoir NC, USGS, TOPO). Water quality protection, at the impact site, will be afforded by on-site stormwater retention ponds. The mitigation site is located south of Broyhill Park and will be incorporated into the City of Lenoir's park system. Creation, restoration and enhancement activities will occur at this off site mitigation site. In-kind and out-of kind mitigation will result from the impeding of flow through a depression and the establishment of a 0.80 acre jurisdictional wetland. The success and progress of the project will be quantified over a period of three years, reports will be furnished to COE and NC Division of Environmental Management (NCDEM). Mitigation success will be measured in terms of herbaceous coverage and woody plant survival. Plant material that is to be added to the site will be suited for the soils and final hydrology and will be derived from local sources. Hydrology at the mitigation site will be altered to create the wetland ecosystem. INTRODUCTION: Mitigative activities will occur within a depression that will be partially flooded to create a suitable hydrology for determination as a jurisdictional wetland. The mitigation site, as described below, is located south of Broyhill Park. The mitigation site is shown in more detail on the Mitigation Site Man (Map 2:)-, this map has been generated for the purpose of designing this mitigation plan. In-kind and out-of-kind mitigation will result from the establishment of a wetland plant propogule base within the 0.80 acre mitigation area. Mitigation will be deemed a success with the establishment of a bottomland ecosystem within the area identified on the attached map. Weirs will be installed to impede flow through this depression and will suitably elevate the watertable to within 12 inches of the surface for the entire mitigation site. The installation of the weirs will result in open water habitat where channels and gullies now exist. The assumptions are based on interpolation of the attached hydrograph, site topography, and site analysis. Selection of the weir material will be finalized prior to construction. The structure will likely be constructed of timbers, concrete, or compacted soil. In-kind mitigation, totaling 0._50 acres, will result from the creation and restoration of a bottomland ecosystem. This ecosystem will be comprised of a herbaceous layer, shrub layer and a tree canopy. The plantings are described in more detail in the attached planting plan. Out-of-kind mitigation will result from the creation of open water habitat and a littoral bench within the mitigation site. Out-of-kind mitigation activities total 0.30 acres. No other practical alternatives would likely create a hydrologic regime necessary to convert the entire mitigation site to a jurisdictional wetland with less total out-of-kind mitigation. For example, to create a similar hydrologic regime for the entire site with a riser pipe configuration would invariably result in a larger flood pool. The intent of the mitigation is to establish a wetland plant propagule base within approximately 0.80 acres of non-jurisdictional areas. No endangered species, archeological resources, or hazardous waste sites will be impacted by this effort. IMPAC:I' SITE: The impact site is located near Lenoir, Caldwell County, North Carolina. The property is south of Hwy. 18, and entirely in the Lower Creek drainage basin; as shown on the attached Site Vicinity Map . The property has been recently cleared; small depressions are vegetated with Juncus effusus (See Site Photo 1: Current Condition: Impact Site). Previous delineations show that 2.83 acres of bottomland wetlands were on-site prior to clearing and excavation. The site development plan calls for the construction of an on-site stormwater retention pond. as shown in the Joint Application for Nationwide Permits submitted for this property. The pond is intended as an on-site mitigative measure as it is not required by local regulations. The impact site is adjacent to a golf course and likely had open areas in the canopy thereby increasing herbaceous diversity. Vegetation at the impact site is assumed to have consisted of the species listed below. However, since the site was cleared prior to delineation this list is a best guess. Bottomland systems in this region, such as the impacted one, are typically "choked" with Chinese privet (Ligustrum sinenc•e). No drainages occur within the property. Small depressions on-site were likely inundated for brief periods after storm events. Hydrology is assumed to be primarily from inundation after storm events with some influence from lateral side slope seepage. Wetlands at the impact site were isolated and more than 400 feet from Lower Creek. Soils, in wetland areas, were determined to be poorly drained Wehadkee Soils. The surrounding geology is comprised of gneiss, schist, and granitic rocks. ASSUMED VEGETATION WITHIN THE IMPACTSITE* Juncus effusus Pluchea foetida Platnus occidentalis Liguidambar styracifl ua Liriodendron tulipifera Cornus amomum Ludwigia spp. Ligustrum ,?-inence Lindera benzion Eupatoriadulphus spp. Boehmeria cOndrica Sambucus canadense Woodwardia spp. Acer rubrum Alnus serrulala *These species are anticipated to have occurred at the impact site prior to clearing and may regenerate at the mitigation site as volunteers. MITIGATION SI'Z'E: The off-site mitigation site is located west of Hwy. 321 and south of Broyhill Park. The mitigation site is located on an tin-named tributary of Lower Creek and is shown on the Site Vicinity Man. The mitigation site (currently not a jurisdictional wetland) is located up-stream of an abandoned roadbed and has an open canopy with a wooded margin (See Site Photo 2: Current Condition: Mitigation Site). A concrete headwall directs stream flow through a culvert under the roadbed. The site is vegetated with wetland species (see listing below); hydrology indicators and hydric soils are absent within one foot of the surface. Soil were field identified as Chewacla series, however, the site is mapped as Wehadkee in the Caldwell County Soil Survey. The site appears to have historically been a jurisdictional wetland, however, this cannot be confirmed. The site has hydric soils beneath approximately two feet of coarse sediment; no assessment of historical hydrology can be made. Jurisdictional wetlands at the mitigation site arc limited to a small toe slope wetland and an unvegetated channel. No wetland impact permits will be required for this mitigation. The mitigation site will be incorporated into the Broyhill Park and will receive all the maintenance and protection of the park. Furthermore, the mitigation site will be protected by a permanent conservation easement. EXISTING VEGETATION WITHIN "THE MITIGATION SITE* Juncus effusus Plucheu foet ida Euputoriudulphus spp. Boehmeriu cylindricu Sumbucus cunudensis Woodwurdiu spp. Ludwigiu spp. Lmputiens cupensls Linderu benzion Acer rubrum Plutnus occidentulis Liquidumbur stvruci fl uu Liriodendron tulipi fern Morus spp. Alnusserrulutu *These species were observed on site (January 1996) and are anticipated to regenerate on-site as volunteers. REFERENCE ECOSYSTEM: The off-site reference ecosystem is a regenerating bottomland within the Lower Creek basin; it is located behind a shopping mall on Hwy. 18 as shown on the vicinity map. Within this system soils are Wehadkee, vegetation is dominated by wetland species, and hydrology is from overland flow and inundation. The reference ecosystem is not the "best" representation of the impacted wetland, but will suitably serve as a model for the mitigation wetland. This reference site is entirely wooded with a dense canopy (Site Photo 3: Reference Ecosystem) whereas the impacted wetlands were adjacent to the open areas associated with the golf course. However, the reference ecosystem is suitable for illustrating regional native plant community reactions to saturation and inundation by a tributary. The reference ecosystem was selected based on its similarities to the mitigation site and its close proximity to both the mitigation and impact sites. This ecosystem's hydrology is derived from saturation and occasional inundation. The intent is to create a similar hydrology at the mitigation site through an impoundment structure. I lnderstory and ground cover species which were observed in the reference wetland areas are: EXISTING VE'GETA'TION WITHIN REFERENCE SITE* Juncu.l e.111011N l:uputoriudulphus spp. Sumbucus c•unudensis BoehmeMi cvlindricu Ligustru?'n slnense Cornus amomum Ijmiceru juponicu Acer rubrum Plutnus occidentulis Liquidambar st yraciflua Liriodendron tulipiferu *"Thesc species were observed on site (January 1996) and are anticipated to regenerate at the mitigation site as volunteers. MI'T'IGATION GOALS AND FUNCTION: The primary goal is to create a self-sustaining plant propogule base within the area identified on the attached Mitigation Site Map. The overall goal is to create a plant propagule base at a site that is currently not a jurisdictional wetland, and to encourage infill of local, wetland native plant species in response to the created hydrology. Plant material will be introduced to the site (See Appendix 1: Planting Specifications and Plan). Propagules from those plants along with existing site propagules will be relied on for regeneration of the wetland plant community. The intent of this mitigation is to enhance, restore and create functional value within the mitigation wetlands to levels similar to, or greater than, the original values in both the impact site and the on-site wetlands. Additional functional value is sought through the diversity of wetland types to be enhanced. Some of the functional values of the target wetland will be; 1) water storage, 2) pollutant removal, 3)wildlife and aquatic life habitat, and 4) educational value of enhancement process. The site is designed to interface with the on-site landscaping, the on-site ecosystem and / or the adjacent native upland plant community. Specific details pertaining to the design and development of the mitigation site are described in the section titled MITIGATION SEQUENCE: and Appendix l: Planting Specifications and Plan. SUCCESS CRITERIA: Success will be realized when 75% herbaceous coverage is attained and woody plants have survived for three years. The herbaceous cover must be comprised of at least three of the introduced or volunteer species. The estimated schedule for achieving 75% coverage is by the third growing season, however, the site will be monitored until success is achieved. Coverage is defined as the percent of material alive based on the planted spacing (i.e. T x 3'- forbes spp. and 6'x 6' -shrub spp.), or volunteers within that area. At least 501Yo of the vegetation must be FACW or OBL. If after the second growing season coverage is significantly lower than what is expected in a normal progression to reach 75% by the end of the third season (<1/3 coverage), a plan to rectify the situation will be prepared and submitted to the Client and the Corps within 30 days of inspection. Measurement of the success of the mitigation project will be relative to functional values. Enhancement of the water storage, pollutant removal, wildlife habitat, and educational aspects of the site may be assumed through successful revegetation with wetland plants. Additionally, the functional value as a dispersal corridor may be assumed once the plant community interfaces with adjacent native plant communities. COMPONENTS OF THE MITIGATION SITE: Vegetation: Plant material was and will be selected based on compatibility with microclimatic conditions. Vegetation selected for this mitigation is included in the attached Planting Plans and Specification. Additionally, the sources of the plant material are listed in Appendix 2: Proposed Sources of Plant Material. Soils: Soils in the reference ecosystem have been identified as Wehadkee by the soil survey. After mitigation soils within the mitigation area will likely alter to conditions that would be classified as Wehadkee. Soil fertility and amendments are further discussed within the Planting _Plans and Specifications. HYdro10 Hydrology at the mitigation site will be altered to create a saturated condition. The attached Water Budget (Appendix 3:) is useful in determining approximate inundation and saturation limits. Saturation and inundation limits and periods of duration have been calculated based on assumptions of Darcy's Law (See Appendix 3: Water Budget). Weirs will be managed to maintain the preferred conditions; all manipulations will be under the direction of the designer and will be recorded for submittal with progress reports. Suitable hydrology will be created after two weirs are installed at the mitigation site. Weirs will be designed to detain baseflow and accommodate stormflow. The weirs will be constructed of timbers, concrete, and or soil (See Attachment 1: Weir Design and Specifications). The attached Mitigation Site Man shows the location of the proposed weirs. The southernmost weir will likely incorporate a subterranean detention structure in the form of a geotextile fabric lined trench that will be subsequently be re-filled. The intent of this structure is to impede subsurface flow through the coarse substrate and maintain the suitable hydrologic regime. MITIGATION SITE WETLANDTYPES WETL.ANDTYPE WETLAND SIZE* MITIGATIONTYPE Openwater 0.20 acres Creation Littoral Bench 0.10 acres Creation / Restoration Bottomland Ecosystem 0.50 acres l nhancement / Restoration *Areas have been approximated; final areas will be generated and appended upon completion of the weir specifications and final base map. MITIGATION SEQUENCE: Mitigation is designed to create a suitable hydrology and plant propogule base for a self- sustaining wetland ecosystem. Elements for the mitigation of sites are listed below. Clearing Limits - Fstablish mitigation site clearing limits. To be performed by Client's surveyor (or other agent) and shall be clearly marked in the field. 'l'agging - Mitigation designer shall tag specimen trees / shrubs to remain within clearing limits as well as any to be removed just outside clearing limits. This will allow trees / shrubs of particularly high quality to be preserved and will create a more diverse interface with adjacent plant communities. Clearing - The Client shall contract the removal of trees (cut to ground level) within clearing limits via low-impact logging practices. In order to reduce site disturbance, it is suggested that all felled trees be cabled out from the upland edge of the sites (no heavy equipment within wetland areas) or be left within the site to add to available biomass. Other low-impact logging may be utilized as approved by mitigation designer and within best management practices for logging in wetlands. Final Base Map - The designer will prepare a general base map for the site after clearing which shows relative elevations within site, establishes reference elevations, and locates all areas to be planted. Grading- The designer will review and analyze the site after clearing to determine whether any minor grading is needed. At the time of plan development an interpolation of topographic data indicated that some grading may be necessary to establish the watertable within twelve inches of the surface. Areas that are to be graded will be clearly marked in the field and will be graded with small machinery. Erosion Control- The designer and installer will erect the appropriate erosion control devises in all necessary areas as to avoid excessive siltation within the constriction area and shall be responsible for securing all needed land clearing permits. Weir Installation- The Client shall contract the construction of weirs, utilizing the attached specifications, at the sites indicated on the Mitigation Site Map. Stabilization Plantings- Immediately mulch and plant bare areas, and stream channels, which resulted from tree removal utilizing readily available seed mixtures for wetland areas (Appendix 4: Proposed Seed Mixture for Stabilization ). If season is appropriate (spring) plant marsh plants (sedges, rushes, etc.), if not, use other appropriate temporary annual cover. "Three basic approaches are proposed relative to site planting: 1) Establishment of low-growing marsh-type plants within the transition zones. To be accomplished through a combination of natural succession and introduced plantings. 2) Establishment of a littoral zone around all open water. 3) Establishment and enhancement of a bottomland system within the mitigation site. To be. accomplished through a combination of plantings and succession. Secondary Evaluation - After clearing, initial cover and transitional plantings, wait until first growing season to allow plant succession to begin response to site environmental changes. Evaluate site during mid to late growing season and develop planting plan to compliment native succession as well as site development program. Secondary Planting - Install plant material during next appropriate season (i.e. woody material in fall, forbes in spring) as per secondary planting plan. MONITORING AND MANAGEMENI': The Client will be responsible for all financial aspects of the project and the long-term maintenance of the mitigation site (after the third growing season). The installer and / or designer will be responsible for reporting on and assisting with the monitoring, maintenance, and management of this site until success criteria are met. 131-annual reports drafted by the designer will be furnished to the Client, COE and DEM. Reports will contain data pertaining to percent herbaceous coverage and plant survival, and a narrative of management activities and general project condition. A final report will be prepared upon the completion of the monitoring period or until success cri teri a are met. It is assumed that once the site is deemed a success by the appropriate regulatory agency it will be protected by a conservation easement (Attachment 2: Conservation Easement); in addition, it will maintain all of the protection afforded to jurisdictional wetlands. Monitoring and evaluation of sites will include: Final design and specifications (reflecting any alterations or refinement as a result of any refinement/changes in impoundment design) will be submitted to the US Army Corps of Engineers (USACOE) for review prior to construction. Pre-construction / planting meeting with the installer, Client representative, designer (S&EC), and the Corps to review the plan and confirm the roles of all involved parties. A log of this meeting will be appended to this plan (See Attachment 3: Pre-construction Meeting Log, for Broyhill Park). Site inspections during the planning, installation and monitoring of the mitigation site to identify potential depredation and degradation sources; if any are identified, a plan to rectify the problem(s) will be appended . Final inspection after all site work is complete, preparation of appropriate completion of work statement, preparation of brief as-built report, sketch plan, and documentary photos and submission of that report to the USACOE for review within 30 days of completion. Location of original mitigation site limits in the field with markers that can be seen from upland portions of the site (used in determination of vegetation coverage). Site inspection early in first growing season. Site inspection at end of first growing season and preparation of letter of evaluation, documentary photos, and suggested treatment of any failed areas and submission to USACOE within 30 days of inspection. Site inspection during late growing season of second and third years with documentary photos and letter of evaluation at end of third growing season (to USACOE, within 30 days of inspection). Management and maintenance of the site will focus on establishment and protection of the wetland and will consist of the following: Removal of undesirable sprouting woody vegetation ((i.e. Chinese privet (by hand, taking rootstock if possible)) within the systems. To be done in late August - September of the growing seasons. Installation of flow dissipaters/channel stabilization / detention measures as necessary in response to changes in hydrology of watershed as development occurs. Re-planting of any bare or sparse spots during season appropriate to plant species as necessary to achieve success. Maintaining ground cover and sediment control devices on all up-slope uplands to prevent sedimentation within the mitigation area (as shown on schematic drawings). Removal and control of any potentially degrading factors such as destructive wildlife, humans, domestic animals, and debris. Map 1: Site Vicinity Map Approximate locations of Z_-MM,MM.` Broyhill Park Wetland Mitigation Sites Lenoir, N.C., U.S.G.S. Topo. Quad. Scale 1:24000 CFO CPT ? v? ?? J;I 7 1-24 • o °? • a Il ?• /?•• ti? ?' ?ti V C .a _._ , :?? ? , ?, ; .? .? `- ?-__ ) ??° \ `moo ? a -Oa',,.,?• •. 400 State of North Carolina Department of Environment, Health and Natural Resources Division, of, Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 18, 1996 Mr. Doug Brinkley Broyhill Realty P.O. Box 500 Lenoir, NC 28645 Dear Mr. Brinkley: Re: Proposed land clearing of wetlands Lenoir County DEM # 951062, COE # 199505137 On 22 September 1995 the U.S. Army Corps of ENgineers wrote you a letter and copied the Division of Environmental Management (DEM) regarding your plan to hill wetlands for the purpose of commercial fill at Broyhill Industries property in Caldwell County. If you still plan to pursue this project, the enclosed application needs to be completed and returned to us with 7 copies of the application, supporting maps and documentation. Please call me at 919-733-1786 if you have any questions. Sincerely, R hn R. Donley Water Quality Certification Program cc: Asheville DEM Regional Office Wilmington Corps of Engineers Central Files Steve Chapin, Asheville Field Office COE 9.51062.app Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 22, 1995 04v- Regulatory Branch Action ID. 199505137 Broyhill Realty Mr. Doug Brinkley Post Office Box 500 Lenoir, North Carolina 28645 Dear Mr. Brinkley: 1?d 6- C? tP ? Cj\ VV This concerns your August 22, 1995 site meeting with Mr. Steve Chapin of our Asheville Field office to inspect possible unauthorized wetlands clearing activity recently undertaken on Broyhill Industries property in Lenoir, Caldwell County, North Carolina. More specifically, the property in question is located between NC 18 (Wilkesboro Boulevard) and the Lenoir Golf Club to the south and is situated in or adjacent to the Lower Creek floodplain. There are approximately 2.9 acres of jurisdictional wetlands on the tract. The clearing activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. Mr. Chapin's findings indicate that the above mentioned .9 acres of`d' jurisdictional wetlands on the south side of the property have been cleared and partially graded utilizing heavy equipment (see enclosed wetland data sheet). After discussing this project with you, it was indicated that the purpose of the work was to prepare the site for commercial development. Although you have already been informed, the recent activity in the wetlands area without a Department of the Army (DA) permit constitutes a violation of Section 301 of the Clean Water Act. Therefore, no additional work should be undertaken in waters or wetlands on the property. In resolving this matter, I understand you have requested an opportunity to apply for an after-the-fact DA permit to complete the preparation of the site for development. Under separate cover, we are sending you the required pre-discharge notification application form to be completed and submitted to this office within 30 days following your receipt of this notice. You should also contact Mr. John Dorney with the State of North Carolina, telephone (919) 733-1786, to determine water quality certification requirements. Your cooperation in satisfactorily resolving this matter will be greatly appreciated. You are reminded that no additional work in the wetlands area should be done pending the outcome of the submitted permit application. Should you have questions in the interim, please direct them to Mr. Chapin at telephone, (704) 271-4014. w SEP 2 91995 9..e... art ;'' r' Sincerely, G. Wayne Wright Chief, Regulatory Branch Printed on 0 Recyded Paper IV -2- Copies Furnished: Mr. Mark Calloway U. S. Attorney Western District of North Carolina U. S. Courthouse, Room 306 100 Otis street Asheville, North Carolina 28801-2611 Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources 59 Woodfin Place Asheville, North Carolina 28801-2482 Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 59 Woodfin Place Asheville, North Carolina 28801-2482 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. Stephanie Gozlreau N. C. 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