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HomeMy WebLinkAboutWPO201800067 Approval - Agencies 2012-01-31REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY NORFOLK DISTRICT, CORPS OF ENGINEERS FORT NORFOLK, 803 FRONT STREET NORFOLK, VIRGINIA 23510-1096 January 31, 2012 Western Virginia Regulatory Section Charlottesville Virginia Regulatory Field Office 920 Gardens Blvd, Suite 200 Charlottesville, VA 22901 Reference: Corps number NAO 2006-03002 06-V 1574 Mr. Thomas G. Frederick R.ivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville, VA 22902-9016 RE: Ragged Mountain Reservoir Expansion Project, Albemarle County, Virginia Request for Permit Modification Dear Mr. Frederick: This is in reference to your application number NAO 2006-03002 from the Rivanna Water and Sewer Authority (RWSA) for a modification to your existing permit (06-V 1574) to build an earthen dam instead of the roller compact concrete dam at the Ragged Mountain Reservoir. The project is located in Albemarle County, Virginia. We have completed our review and your Department of the Army Permit is herby modified as follows: 1) Authorized to place fill in waters of the U.S. for the construction of an earthen fill dam rather than a roller -compacted concrete dam. 2) Final construction plans for the project activities authorized by this permit shall be submitted to the Corps at least 30 calendar days prior to initiating any land disturbance or construction in permitted impact areas. Construction activities shall not be initiated until the Corps has reviewed and commented on the plans, or until 30 calendar days have passed without comments from the Corps being received by the permittee. If the Corps submits comments shall not proceed until comments are resolved to the Corps satisfaction. Plan revision(s) in permitted areas shall be submitted to the Corps for approval immediately upon determination that a change is necessary. Corps approval shall be required prior to implementing the revision(s). This condition can be accomplished by copying the Corps with what you submit to DEQ for their approval. However, separate Corps approval is required. 3) At least ten calendar days prior to the initiation of any land disturbance or construction activities in permitted areas, the permittee shall submit written notification to the Corps, including a projected schedule for initiating and completing work at each permitted impact area. 4) Approval by the Corps of the Final Mitigation and Monitoring Plan for the stream and wetland mitigation sites is required before work in jurisdictional waters of the U.S. may begin. 5) The flow, release, and filling schedules are modified to be consistent with the DEQ modification dated December 20th, 2011. 6) Copies of the recorded and executed deed restrictions for the Buck Mountain stream mitigation site and the wetland mitigation creation/preservation site shall be submitted to this office for review and approval 15 days prior to work in jurisdictional waters of the U.S. All other general and special conditions of the permit remain unchanged. The party performing the work authorized by this permit will have a copy of this letter and the original permit with them at the project site during construction. These documents will be made available to any Corps representative upon their request. Should you have any questions, please contact Vinny Pero at (434) 973-0568 or V incent.d.tnero(ausace.armv.mil BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR AND ON BEHALF OF THE DISTRICT ENGINEER, COLONEL ANDREW W. BACKUS P.E., PMP Sincerely, j William T. Walker Branch Chief, Regulatory Branch Norfolk District Corps of Engineers Copies provided via email: Virginia Department of Environmental Quality, Richmond 2 U.S. Army Corps Of Engineers Norfolk District DEPARTMENT OF THE ARMY PERMIT Fort Norfolk, 803 Front Street Norfolk, Virginia 23510-1096 Permittee: Thomas L. Frederick, Executive Director, Rivanna Water and Sewer Authority Permit No.: 06-V1574 Issuin Off: Norfolk District, Corps of Engineers Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Project Description: The project involves the expansion of the existing Ragged Mountain Reservoir (RMR). The RMR currently consists of an upper reservoir (constructed in 1880) and a lower reservoir (constructed in 1908). Both dams are deficient by current dam safety standards and must either be repaired or breached. The proposal is to construct a new dam downstream of the lower reservoir that will have a higher crest elevation than the two existing ones. Currently, the upper RMR has a pool elevation of 655 feet, the lower RMR is 641 feet. The new dam will raise the pool elevation to 686 feet. Major components of the RMR expansion are: 1. Replace the existing RMR dams with a new dam at a higher elevation; 2. A nine -mile pipeline connecting RMR with the South Fork Rivanna Reservoir (SFRR); 3. New pump stations at both the RMR and the SFRR. The pump stations and pipeline are capable of transporting water from SFRR to RMR and visa versa; 4. A new pipeline from RMR to the Observatory Water Treatment Plant; 5. A new raw water intake and low lift station at SFRR; 6. A pre-treatment facility at SFRR; 7. Expansion of the water treatment facilities at the SFRR water treatment plant; 8. A release structure to meter flows and release water to the streams. Page 1 of 17 (06-V1574) Project Location: The site is in Albemarle County, Virginia. The two interconnected lakes and associated watershed which comprise the Ragged Mountain Reservoir are located 2 miles southwest of Charlottesville. Elevations range from approximately 600 feet at average water level to more than 1200 feet on Bear Den Mountain, southwest of the upper reservoir. Project Specific Conditions: 1. Prior to the commencement of any work authorized by this permit, you shall advise the project manager, Michael Schwinn, in writing at: Norfolk District, Corps of Engineers, Regulatory Branch, 803 Front Street, Norfolk, Virginia 23510-1096, of the time the authorized activity will commence and the name and telephone number of all contractors or other persons performing the work. A copy of this permit and drawings must be provided to the contractor and made available to any regulatory representative during an inspection of the project site. 2. The time limit for completing the work authorized ends on June 3,'2018. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. Should you be unable to complete the authorized activity in the time limit provided, you must submit your request for a time extension to this office for consideration at least one month before the permit expiration date. 3. Enclosed is a "compliance certification" form, which must be signed and.returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the permit terms and conditions. 4. A copy of the stream and wetland mitigation plans (see, below) will be submitted to the USFWS for comment; the USFWS has thirty days to comment upon receipt of the mitigation plans. 5. Construction of stream and wetland compensatory mitigation shall be conducted prior to or concurrent with the impacts authorized under this permit. 6. All stipulations in the Programmatic Agreement Between the Rivanna Water and Sewer Authority, the Virginia Department of Historic Resources and The Norfolk District, Corps of Engineers Concerning the Expansion of Ragged Mountain Reservoir in Albemarle County, Virginia, shall be carried out in their entirety before any demolition work is done on the dams, Gatekeeper House, or Gate House. No pipeline construction or land -disturbing activities within the pipeline right-of-way, may proceed until Phase I investigations per the stipulations in the programmatic agreement are carried out. Special Conditions: Instream Flows 1. Total downstream flow Provisions before the Expanded Ragged Mountain Reservoir is Operational a. From South Fork Rivanna Reservoir Page 2 of 17 (06-V1574) i. When the water level at South Fork Rivanna Reservoir is at or above the spillway elevation of 382 feet, South Fork Rivanna Reservoir will be spilling water on a daily basis and no additional total downstream flow is required ii. When the water level at South Fork Rivanna Reservoir is below the spillway elevation of 382 feet total downstream flow will be at least 8 mgd or natural inflow, whichever is less b. From Sugar Hollow Reservoir i. When the water level at Sugar Hollow Reservoir is at or above the spillway elevation of 975 feet, Sugar Hollow Reservoir will be spilling water on a daily basis and no additional total downstream flow is required ii. When the water level at Sugar Hollow Reservoir is below the spillway elevation of 975 feet, total downstream flow past the dam will be at least 0.4 mgd or natural inflow, whichever is less. C. From Ragged Mountain Reservoir, there are no new requirements. 2. Total downstream flow Provisions After the Expanded Ragged Mountain Reservoir is Operational, But Before the Pipeline from South Fork Rivanna Reservoir to Ragged Mountain Reservoir is Operational a. From South Fork Rivanna Reservoir i. If total useable storage available to the Urban Water System is equal to or greater than 2.36 billion gallons, total downstream flow past South Fork Rivanna Reservoir must be at least 70% of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions (a) No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. ii. If total useable storage available to the Urban_ Water System is equal to or greater than 1.36 billion gallons but less than 2.36 billion gallons, total downstream flow past South Fork Rivanna Reservoir must be at least 50% Page 3 of 17 (06-V1574) of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions (a) No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. iii. If total useable storage available to the Urban Water System is less than 1.36 billion gallons, total downstream flow past South Fork Rivanna Reservoir must be at least 30% of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions (a) No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. b. From Sugar Hollow Reservoir, when the water level in Sugar Hollow Reservoir is above the lowest operable water intake and the Expanded Ragged Mountain Reservoir has not completed its initial fill: i. If the useable storage in Ragged Mountain Reservoir is equal to or greater than 1.53 billion gallons, total downstream flow past Sugar Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 10 mgd, whichever is less ii. If the useable storage in Ragged Mountain Reservoir is equal to or greater than 1.1 billion gallons but less than 1.53 billion gallons, total downstream flow past Sugar Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 2 mgd, whichever is less iii. If the useable storage in Ragged Mountain Reservoir is equal to or greater than 0.66 billion gallons but less than 1.1 billion gallons, total downstream flow past Sugar Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 1 mgd, whichever is less iv. If the useable storage in Ragged Mountain Reservoir is less than 0.66 Page 4 of 17 (06-V1574) billion gallons, total downstream flow past Sugar Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 0.4 mgd, whichever is less a. From Sugar Hollow Reservoir when the water level in Sugar Hollow Reservoir is above the lowest operable water intake and the Expanded Ragged Mountain Reservoir has completed its initial fill If the useable storage in Ragged Mountain Reservoir is equal to or greater than 1.53 billion gallons, total downstream flow past Sugar Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 10 mgd, whichever is less. ii. If the useable storage in Ragged Mountain Reservoir is less than 1.53 billion gallons, then total downstream flow must be at least 100% of the natural inflow to Sugar Hollow, or 2 mgd, whichever is less. iii. When the water level in Sugar Hollow Reservoir is at or below the lowest operable water intake, RWSA must fully open the total downstream flow control device supplied from the lowest operable water intake and leave it in the fully open position until the water level in Sugar Hollow Reservoir is again higher than the lowest water intake d. From Ragged Mountain Reservoir, RWSA must provide a total downstream flow past the dam of at least 23,800 gpd 3. Total downstream flow provisions After Both the Expanded Ragged Mountain Reservoir and the Pipeline from South Fork Rivanna Reservoir to Ragged Mountain Reservoir are Operational a. From South Fork Rivanna Reservoir L If total useable storage available to the Urban Water System is equal to or greater than 2.36 billion gallons. Total downstream flow past South Fork Rivanna Reservoir must be at least 70% of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions (a) No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or Page 5 of 17 (06-V1574) until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. ii. If total useable storage available to the Urban Water System is equal to or greater than 1.36 billion gallons but less than 2.36 billion gallons, total downstream flow past South Fork Rivanna Reservoir must be at least 50% of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions. (a). No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. iii. If total useable storage available to the Urban Water System is less than 1.36 billion gallons, total downstream flow past South Fork Rivanna Reservoir must be at least 30% of the natural inflow or 1.3 mgd, whichever is greater, subject to the following exceptions (a). No total downstream flows in excess of 20 mgd shall be required (b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e., the water level is at or below the lowest operable water supply intake), then total downstream flow past South Fork Rivanna Reservoir shall be whatever volume of water enters that intake unless or until the total downstream flow past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd. b. From Sugar Hollow Reservoir i. When the water level at Sugar Hollow Reservoir is at or above the spillway elevation of 975 feet, Sugar Hollow Reservoir will be spilling water on a daily basis and no additional total downstream flow is required. ii. When the water level at Sugar Hollow Reservoir is below the spillway elevation of 975 feet Page 6 of 17 (06-V1574) (a). If the water level in Sugar Hollow Reservoir is above the lowest operable water intake total downstream flow past Sugar Hollow Reservoir must be at least 90% of the natural inflow to Sugar Hollow Reservoir; or 10 mgd, whichever is less (b). If the water level in Sugar Hollow Reservoir is not above the lowest operable water intake, RWSA must fully open the total downstream flow control device supplied from the lowest operable water intake and leave it in the fully open position until the water level in Sugar Hollow Reservoir is again higher than the lowest water intake C. From Ragged Mountain Reservoir, RWSA must provide a total downstream flow past the dam of at least 23,800 gpd 4. Monitoring and Reporting of instream flows: Within 8 months of permit issuance, the permittee will provide the Corps a Flow Measurement Design Plan and Operations Manual. The manual will describe the methods and procedures and any planned improvements for monitoring inflows and releases from Sugar Hollow and South Fork Rivanna River Reservoirs. The manual will describe the procedures that will be made and the frequency and conditions with which they will be made to adjust releases so the total downstream flow requirements of this permit will be met. The Flow Measurement Design and Operations Plan will determine the suitability of the existing release equipment to meet the instream flow requirements of this permit. In the event that existing release equipment cannot release water so that the total downstream flow.past Sugar Hollow or Ragged Mountain Reservoirs is within 10% of the required total downstream flow required, then the Flow Measurement Design Plan and Operations Manual will include a schedule for the installation of equipment capable of releasing water to satisfy that requirement and a description of the equipment. In no case shall the necessary equipment be installed later than two years after permit issuance. The plan will describe procedures to be used to calibrate and verify releases from the reservoirs and a include schedule for periodic recalibration and verification of the release equipment. The Flow Measurement Design Plan and Operations Manual will identify the measurements and formulas to calculate natural inflow to Sugar Hollow and South Fork Rivanna reservoirs. The Flow Measurement Design Plan and Operations Manual will specify the frequency of measurements and specify what data are used and compiled to compute natural inflow to the reservoirs. The Flow Measurement Design Plan and Operations Manual will describe the permittee's records retention policy with regard to data collection and instrument calibration and verification records. The Flow Measurement Design Plan and Operations Manual will describe what contingency Page 7 of 17 (06-V1574) procedures, gages and formulas will be used in case the primary gage used to estimate inflow is out of service. The Flow Measurement Design Plan and Operations Manual will include a schedule for updating useable storage values for each of the three reservoirs through bathymetric studies. The first update will not be required until the expanded Ragged Mountain Reservoir becomes operational. The Flow Measurement Design Plan and Operations Manual will include the development of a reporting form(s) submitted annually to the Corps. The form will be designed to evaluate the permittee's compliance with the Special Condition 1. A reporting table designed to check compliance with these conditions shall be submitted within at least eight months of permit issuance. For each reporting period the table shall record the date, the natural inflow to Sugar Hollow Reservoir and to South Fork Rivanna River Reservoir, whether the reservoirs are at full pond, and the required and actual total downstream flow past Sugar Hollow Reservoir and South Fork Rivanna River Reservoirs. At least 6 months prior to the date when the expanded Ragged Mountain Reservoir becomes operational, proposed revisions to the Flow Measurement Design Plan and Operations Manual, including a revised Reporting Form shall be submitted to DEQ to comply with Special Condition 2. At least 6 months prior to the date when both the expanded Ragged Mountain Reservoir and the pipeline from the South Fork Reservoir to the Ragged Mountain Reservoir become operational, proposed revisions to the Flow Measurement Design Plan and Operations Manual, including a revised Reporting Form shall be submitted to DEQ to comply with Special Condition 3. The required rates of total downstream flow past South Fork Rivanna Reservoir and Sugar Hollow Reservoir shall be determined and the rates of total downstream flow shall be adjusted as necessary twice per week. When the required rate of total downstream flow depends upon the natural inflow to the reservoir, the total downstream flow shall be calculated by determining the average of the natural inflows for the three most recent days for which data are available. No adjustment to the rate of total downstream flow shall be required unless the current calculation of total downstream flow differs from the previously calculated total downstream flow by more than ten percent. A monitoring report shall be prepared and submitted by January 31s` of each year documenting the daily withdrawals, natural inflow, and required and actual total downstream flow in the previous calendar year. Stream Mitigation 1. Stream mitigation for 13,163 linear feet of stream impacts shall be based on the Conceptual Stream & Wetland Mitigation Plan — Albemarle County Virginia, December, 2006 prepared Page 8 of 17 (06-V1574) by Vanasse Hangen Brustlin, Inc. The permittee shall submit a final stream mitigation plan, subject to Corps' approval, detailing a combination of stream restoration, stream riparian buffer restoration and preservation of stream and riparian buffer on the Buck Mountain Creek site. 2. Those sections of Buck Mountain Creek or its tributaries, in which instream work is proposed, shall be surveyed for the James spinymussel before any work is done. A survey plan, approved by the DGIF and USFWS, shall be provided to the Corps and must be conducted by a qualified biologist acceptable to the DGIF and the USWS. This condition may be waived if the permittee provides written concurrence from DGIF and the USFWS that suitable mussel habitat is not present or if construction occurs outside the time -of -year restriction as determined by the DGIF and the USFWS. 3. The mitigation plan shall include the following: a. Stream segments and lengths earmarked for stream preservation, riparian buffer enhancement, and Level H enhancements (including types and location of all structures); b. Plan view showing riparian buffers and widths; c. Planting schedule, including species composition and densities, approved by the Corps; d. Noxious weed control plan; e. Measures to protect the stream and riparian buffers from livestock grazing, logging, off -road -vehicles, etc.; f. Location of any and all access points for livestock crossing, livestock watering, hiking trails or any other similar intrusions; g. Measures to preserve the stream mitigation site in perpetuity by deed restriction or some other acceptable real estate instrument. The Corps must give prior approval the real estate instrument used to protect the mitigation site. Use of the attached Restrictive Covenant template will facilitate review and approval. Evidence that the site is legally protected must be submitted to the Corps before any work in jurisdictional waters authorized by this permit can begin; h. A ten (10) year monitoring plan that includes: i. An annual assessment of overall stream condition based on either the SAAM or SICAM assessment methodology (an abbreviated form, subject to Corps approval, is permissible due to amount of stream mitigation involved); ii. Success criteria for the riparian plantings; iii. An annual assessment of all instream structures (vanes, root -wads, bank revetments, livestock crossings, livestock watering, etc.) that shall include measured channel cross sections at fixed monuments; iv. An annual inspection of any fencing installed to exclude livestock from the stream and riparian areas; v. An annual monitoring report shall be submitted no later than October 15 for each year of monitoring. Page 9 of 17 (06-V 1574) Wetland Mitigation 1. Wetland mitigation for impacts to 2.61 acres of wetlands shall be based on the Conceptual Stream & Wetland Mitigation Plan — Albemarle County, Virginia, December, 2006 prepared by Vanasse Hangen Brustlin,.Inc. The permittee shall submit a final wetland mitigation plan, subject to Corps' approval, detailing approximately 4.0 acres of created wetland in combination with 0.9 acres of preserved wetland adjacent to Moores Creek in the City of Charlottesville, Virginia. 2. The mitigation plan shall contain.the information outlined in the NORFOLK DISTRICT CORPS AND VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY RECOMMENDATIONS FOR WETLAND COMPENSATORY MITIGATION, dated July 2004. 3. A boundary survey of the limit of planned wetlands within the wetland mitigation site is required once grading and planting are completed. This survey should be prepared by a licensed surveyor and certified by the licensed surveyor or by a registered professional engineer or licensed landscape architect to conform to the design plans and specifications. 4. An as -built ground survey (or an aerial survey provided by a firm that specializes in aerial surveys and includes documentation of the variation from actual ground conditions such as +/- 0.2 feet) shall be conducted for the entire mitigation site, including invert elevations for all water elevation control structures and spot elevations throughout the site. This survey shall be prepared by a licensed surveyor and certified by the licensed surveyor or by a registered professional engineer and conform to the design plans and specifications. Any changes or deviations in the as -built plans shall be red lined and an explanation provided for the deviation. Surveys and submission of surveys to the Corps shall be done within no more than seven days of grading. The site shall be seeded immediately after completion of grading (i.e. within 7 calendar days) with an approved wetland seed mix to stabilize the site and to minimize invasion of undesirable species. 5. Unless given written approval by the Corps the applicant shall not plant the compensation site before it has been demonstrated and accepted by the Corps that the site has free water at or within 12" of the soil surface for a minimum of 12.5% of the region's killing frost -free growing season (as defined in the local soil survey) following grading. The permittee shall install groundwater wells pursuant to a plan accepted by the Corps and submit the hydrological information for that period to the Corps for evaluation. That information shall be keyed to a site plan such that hydrologic conditions across the site can be evaluated and appropriate vegetation can be selected which is compatible with the projected water elevations and duration. In the event that acceptable hydrology is not demonstrated, the Corps may require an monitoring for an additional spring growing season in order to ascertain whether hydrology is sufficient to meet the site's goals. 6. All stormwater inputs to the wetland mitigation site must pass through a continuous separation system or similar device capable of separating and trapping debris, sediment, floatables, neutrally buoyant material and oil and grease before discharging to the wetland. The type of device, including standard details and maintenance schedule shall be submitted as part of the mitigation plan; 7. The wetland mitigation site shall be preserved in perpetuity by deed restriction or some other acceptable real estate instrument. The Corps must give prior approval the real Page 10 of 17 (06-V1574) estate instrument used to protect the mitigation site. Use of the attached Restrictive Covenant template will facilitate review and approval. Evidence that the site is legally protected must be submitted to the Corps before any work in jurisdictional waters authorized by this permit can begin. A ten (10) year monitoring plan that includes: a. Wetland boundaries plotted on the site plan based on results of hydrology and vegetation data, and calculation of total wetland acreage based on that boundary; b. Photographs showing a view of the wetland area taken from fixed-point stations from a height of approximately five to six feet from each monitoring well. Photos should be taken in each of the four cardinal directions (north, east, south, and west). Permanent markers shall be established to ensure that the same locations on the site are monitored in each monitoring period; fewer photos may be provided if as an alternative, an aerial photo is provided as described in 3. c. below; c. One true color or infrared aerial photograph (8" x 10" or larger) depicting the entire site. An aerial photograph should be taken during the growing season and once the site has been graded, planted, and stabilized (preferably in the 3rd or 5th year following final grading); d. Hydrologic information, including both raw data and a hydrograph established using these data for the mitigation and reference area(s); e. The permittee's plans for well design and installation shall be consistent with current Corps guidance [such as Sprecher 2000 httv://www.wes.army.mil/gl/wrap/ &/tnwrap00-2.pdf ] and must be accepted by the Corps prior to installation (The number of groundwater wells should be based on the acreage of each type of planned wetland on a given site (palustrine emergent, palustrine forest, etc.). Wells in a given wetland cover type should be placed at roughly the same elevation to provide more detailed data for different wetland types or landscape positions. (This may not be practical in a site with an elevation gradient within one community type) The minimum numbers of monitoring wells, based upon design acreage, are: i. <10.0 acres: 1 monitoring well / 1.0 acre (rounded to the next whole acre); every site should have a minimum of 3 monitoring wells; ii. 10.0 acres to 20.0 acres: 1 monitoring well / 1.0 acre (rounded to the next whole acre) for the first 10.0 acres, then 1 monitoring well / 2.0 acres for the remaining acreage; iii. >20.0 acres: 1 monitoring well / 1.0 acre (rounded to the next whole acre) for the first 10.0 acres, then 1 monitoring well /2.0 acres for the next 10 acres and 1 monitoring well/ 5.0 acres for the remaining acreage. f. Installation of a well at or above the planned wetland/upland interface is recommended to facilitate delineation of the actual wetland boundary. This is particularly important in site with little topographic relief or relatively flat topographic gradient. Additional wells may be necessary when the mitigation plan identifies a number of wetland zones or areas with different intended hydrologic regimes. Monitoring wells should be calibrated against test pits. Nested piezometers may be needed if the planned wetland relies upon determination of groundwater movement and/or vertical gradients. Page 11 of 17 (06-V1574) g. The wells will be monitored weekly for ten consecutive weeks beginning at the initiation of the region's growing season (see Condition 5 above for definition of growing season for the region). For sites designed to be seasonally or temporarily saturated, at least one full year of monthly data (taken every two weeks except for the first ten weeks of the growing season) is recommended. Well data should be correlated to precipitation data over the same period. This can help identify and address overly compacted soils, perched water tables, etc. h. Invert elevations of the wells (bottom of the wells) and surface elevations beside each well are required, particularly for problematic wetland restoration/creation sites. Well locations should be accurately mapped (including survey located or use of GPS). i. A minimum of 3 plots/acre for herbaceous and woody vegetation sampling should be selected randomly; i. Herbaceous or woody plants stem density (stem) counts by species within a 30 -foot radius or 20 feet by 20 feet square plot are recommended. Belt transects or other accepted methodologies (such as line intercept methods) may be used in lieu of plots, but should be identified prior to conducting sampling and accepted by the Corps/DEQ. For example, the line intercept method conducted in a wetland planted on 15 -foot centers could yield skewed data. ii. Herbaceous plants measurements based on percent cover are recommended. As an alternative that may entail fewer sampling points, a species -area curve could be generated from the species list collected from sample plot data. Recommended plot size is 18 -inch radius or 40 inches by 40 inches square. Transects or other accepted methodologies (such as line intercept methods) can also be used in lieu of plots. j. Soil data must be collected for the mitigation and reference area(s) following the third year of monitoring. A comparison of year three soil features with pre and post construction soil features will allow one to determine whether the redoximorphic features are relicts or associated with active processes. This information will be used to determine whether hydric soil conditions are present or whether the soils are becoming progressively "more hydric" with time. At a minimum, within 30 feet of each well site, the soil shall be profiled and classified as hydric or not using both the Corps 1987 Wetland Manual and the NTCHS Field Indicators of Hydric Soils. k. Identify any invasion by species that may be undesirable at the site such as Phragmites, purple loosestrife, cattails, reed canary grass or fescue. Quantify the extent of invasion of undesirable plants; either by stem counts or percent cover, whichever is appropriate. Specify percent cover of invasive species for each field or cell in the mitigation site. 1. Describe remedial actions conducted since the last monitoring report (modification, relocation of water control structures, control of invasives, grading, soil amendments, deep ripping or chisel plowing of soils, additional planting, etc.); m. An annual monitoring report shall be submitted no later than October 15 for each year of monitoring. Page 12 of 17 (06-V1574) Pipeline Construction 1. At least ninety (90) days prior to construction, the permittee shall submit to the Corps the selected pipeline alignment and identify all waters and/or wetlands crossings. The permittee shall also include the location of any proposed permanent maintenance roads constructed in wetlands, stream fords, etc.; 2. The method of crossing (open -trench, directional drill, etc) shall be described and standard details of the crossings shall be provided; 3. For pipeline construction in wetlands, the following conditions are required: a. In order to avoid impacts to the Indiana bat, no tree -clearing activities in forested wetland areas shall occur between April 1St and September 30th of any year. This restriction maybe lifted if the permittee provides written concurrence from the Virginia Department of Game and Inland Fisheries (DGIF) and United States Fish and Wildlife Service (USFWS) that the time -of -year restriction is unnecessary. b. Topsoil shall be removed first and stockpiled separately from the subsoil; c. Trenching shall occur after the topsoil is removed; subsoil will be handled and stockpiled separately from the topsoil; d. If coarse bedding material is used, trench plugs or cutoff walls will be installed to prevent the trench from draining the wetland. The locations and standard details of the trench plugs or cutoff walls shall submitted as part of the overall pipeline plan; e. After the pipe is installed the trench will be backfilled with the subsoil leaving the top 6 inches to 12 inches for backfilling with the topsoil; f. All excess material will be disposed in an upland area and may not be wasted in the wetland. Any deposition of dredged or excavated materials in upland areas and all earthwork operations shall be carried out in such a manner as to prevent the erosion of these materials and preclude their entry into all waters and wetlands.; g. Wetland impacts resulting from any proposed permanent maintenance roads and/or conversion of forested wetlands to shrub/scrub or herbaceous as necessary for pipeline access or maintenance, shall be quantified. The Corps, at its discretion, may require mitigation for such impacts. 4. For pipeline stream crossings that involve open trenching rather than directional bore, the follow conditions are required: a. In order to avoid impacts to the Indiana bat, no tree -clearing activities in forested riparian areas shall occur between April 1St and September 30th of any year. This restriction may be lifted if the permittee provides written concurrence from the Virginia Department of Game and Inland Fisheries (DGIF) and United States Fish and Wildlife Service (USFWS) that the time -of -year restriction is unnecessary. b. All perennial and intermittent stream crossings shall be surveyed for the James spinymussel before any work is done. A survey plan, approved by the DGIF and USFWS, shall be provided to the Corps and must be conducted by a qualified biologist acceptable to the DGIF and the USWS. This condition may be waived if the permittee provides written concurrence from DGIF and the USFWS that Page 13 of 17 (06-V1574) suitable mussel habitat is not present or if construction occurs outside the time -of - year restriction as determined by the DGIF and the USFWS. c. Streambanks will be restored and revegetated with woody and herbaceous species within seven (7) days of backfilling the trench; d. Any deposition of dredged or excavated materials in upland areas and all earthwork operations shall be carried out in such a manner as to prevent the erosion of these materials and preclude their entry into all waters and wetlands; e. Permanent road crossings must be properly culverted. Culverts less than 24 inches must be countersunk a minimum of 3 inches; greater than 24 inches must be countersunk a minimum of 6 inches; f. Riparian buffer impacts resulting from any proposed permanent maintenance roads shall be quantified. The Corps, at its discretion, may require mitigation for such impacts. Historical Properties 1. Expanding the Ragged Mountain Reservoir will have an adverse impacts to properties eligible for listing under the National Historic Preservation Act. These properties are the upper and lower dam, the Gatekeepers House and Gate House. 2. Construction of the pipeline may also affect properties eligible for listing once an exact alignment is known. Therefore, after the specific pipeline alignment is selected, the permittee shall complete the Phase I survey necessary to identify archaeological historic properties within the alignment of the water pipeline. 3. All stipulations in the Programmatic Agreement Between the Rivanna Water and Sewer Authority, The Virginia Department Historic Resources and the Norfolk District, Corps of Engineers Concerning the Expansion of Ragged Mountain Reservoir in Albemarle County, Virginia shall be adhered to as a condition of this permit. No demolition work on the dams, Gatekeeper House, Gate House; no pipeline construction or land -disturbing activities within the pipeline right-of-way, may proceed until all stipulations of the programmatic agreement are carried out. General Conditions: 1. No discharge of dredged or fill material may consist of unsuitable material (e.g.: trash, debris, car bodies, asphalt etc.) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 2. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 3. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark, must be permanently stabilized at the earliest practicable date. 4. The construction or work authorized by this permit will be conducted in a manner so as to minimize any degradation of water quality and/or damage to aquatic life. Also, you will Page 14 of 17 (06-V1574) employ measures to prevent or control spills of fuels or lubricants from entering the waterway. 5. Any heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Failure to comply with the terms and conditions of this permit can result in enforcement actions against the permittee and/or contractor. 7. In granting an authorization pursuant to this permit, the Norfolk District has relied on the information and data provided by the permittee. If, subsequent to notification by the Corps that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the authorization may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. 8. All dredging and/or filling will be done so as to minimize disturbance of the bottom or turbidity increases in the water that tend to degrade water quality and damage aquatic life. 9. Your use of the permitted activity must not interfere with the public's right to reasonable navigation on all navigable waters of the United States. 10. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Conditions 3 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 11. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 12. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 13. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 14. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further Information: 1. Limits of this authorization: Page 15 of 17 (06-V1574) a. This permit does not obviate the need to obtain other Federal, state or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on A-DWicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include. but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 5. Extensions. Project specific condition 2 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Page 16 of 17 (06-V1574) Your signature below, as a permittee, indicates that you accept and agree to comply with the term$-an4 conditions of this permit. FAr Gi31o8 (Date) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. hael A. Schwinn Clef, ef, Western Virginia Regulatory Section _� "iMISA When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be. binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) Page 17 of 17 (06-V1574)